Subtitle 1. General Provisions

Chapter 1 Highway and Transportation Act of 1977

Preambles. Acts 1977, No. 192 contained a preamble which read:

“Whereas, the present and the future well-being and mobility of the citizens of the State of Arkansas are dependent upon the universal availability of balanced transportation services coordinating public and private facilities and systems to assure adequate, safe, economical, and efficient transportation; and

“Whereas, Arkansas is a large uncrowded state uniformly rich in natural resources, which is uniquely and best served by highway, road and street transport facilities; and

“Whereas, the low population density is an asset of great value in the context of the Arkansas socio-economic structure and a strongly contributing factor in the State's freedom from many of the burdensome socio-economic problems of the more populous, highly industrialized States; and

“Whereas, the demographic/geographic interface between population and area is and will continue to be predominantly dependent on an adequate highway, road and street network as the foundation for the multi-modal transport functions upon which contemporary socio-economic structures depend;

“Now, therefore … .”

Effective Dates. Acts 1977, No. 192, § 13: Feb. 17, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present welfare and future freedom of the citizens of Arkansas require an adequate and balanced transportation system, and it is necessary that this policy be carried out by a State Highway and Transportation Department through continuous, comprehensive, coordinated transportation planning with other agencies of the State having transportation responsibility, local governments, regional planning and transportation agencies or commissions, federal agencies, and private transportation facilities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Automobiles & Highway Traffic, § 1 et seq.

39 Am. Jur. 2d, Highways, § 1 et seq.

C.J.S. 39A C.J.S., Highways, § 1 et seq.

60 C.J.S., Motor Vehicles, § 1 et seq.

27-1-101. Title.

This chapter shall be known and may be cited as the “Highway and Transportation Act of 1977”.

History. Acts 1977, No. 192, § 1, A.S.A. 1947, § 76-2801.

27-1-102. Legislative intent.

  1. It is the declared transportation policy of the General Assembly of the State of Arkansas to enhance the social and economic well-being of the citizenry of this state by requiring coordination of public and private transportation activities and the effective implementation of a safe and efficient total transportation system.
    1. The purpose of this chapter is to effectuate the transportation policy set out in subsection (a) of this section by preparing and coordinating a comprehensive, balanced, multimodel transportation plan for the state, including, but not limited to, airways, highways, railways, waterways, bicycling, mass transit, and other transportation facilities and services, whether publicly or privately owned, developed, operated, or maintained.
    2. To this end, the Arkansas Department of Transportation is directed to establish and maintain coordination with all agencies of the state having transportation responsibility; local, city, and county governments; regional planning and transportation districts, commissions, and authorities; and private transportation agencies.
    3. The General Assembly further directs that each agency, authority, board, commission, department, and institution of the state and its political subdivisions regularly or intermittently involved in any effort concerning public transportation planning and operation in the state shall inform the Arkansas Department of Transportation of its transportation plans for the future.
    4. It is further directed that all transportation proposals by any public agency, authority, board, commission, department, or institution of the state and its political subdivisions involving any form of public transportation service to be operated on state highways shall be reviewed by the State Highway Commission as to its economy, effectiveness, efficiency, and equity in the overall transportation function of the state, its reciprocal relationships, and its coordination in the total transportation planning process for the state.

History. Acts 1977, No. 192, §§ 2, 3; A.S.A. 1947, §§ 76-2802, 76-2803; Acts 1995, No. 1296, § 90; 2017, No. 707, § 306.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(2).

27-1-103. Definition.

As used in this chapter, “service” or “services” means either or both freight and passenger transport, whether by air, land, or water.

History. Acts 1977, No. 192, §§ 4, 5; A.S.A. 1947, §§ 76-2804, 76-2805; Acts 2017, No. 707, § 307.

Amendments. The 2017 amendment deleted former (a)(1), (a)(2), (b)(1), and (b)(2); and deleted the (a) and (a)(3) designations.

27-1-104. Powers of certain entities unabrogated — Coordination expected.

  1. In coordinating the statewide transportation planning, the existing authority and responsibilities of local governing bodies, the Arkansas Public Service Commission, and the Arkansas Transportation Commission [abolished], as provided in § 23-2-201 et seq., shall not be abridged or abrogated.
    1. In the area of marine and aviation facilities and services, it is the intent of this chapter that the various state and local airport commissions and the Arkansas Waterways Commission's authority, powers, and responsibilities shall remain intact.
    2. However, the various state and local airport commissions and the Arkansas Waterways Commission shall inform the Arkansas Department of Transportation of their plans in order that total transportation planning can be achieved and made available for incorporation in a comprehensive growth plan for the state.

History. Acts 1977, No. 192, § 7; A.S.A. 1947, § 76-2806; Acts 2017, No. 707, § 308.

Publisher's Notes. Acts 1989 (1st Ex. Sess.), No. 153, § 2, provided, in part:

“Wherever the words ‘Arkansas Transportation Commission’ or ‘Transportation Safety Agency’ are used in any provision of the Code, the Acts of Arkansas or any statute, directive, rule or regulation, they shall be hereafter held and taken to mean the Arkansas State Highway and Transportation Department.”

Amendments. The 2017 amendment redesignated former (b) as (b)(1) and (b)(2); and, in (b)(2), substituted “the various state and local airport commissions and the Arkansas Waterways Commission” for “they” and substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-1-105. Rail service — Powers and duties.

  1. The Arkansas Department of Transportation is authorized to exercise those powers necessary for the state to qualify for rail service preservation subsidies or other transportation assistance under the provisions of any federal act. The department shall:
    1. Establish a state plan for rail transportation and local rail services;
    2. Administer and coordinate the state plan;
    3. Provide in the plan for the distribution of federal rail service preservation subsidies or other federal assistance; and
    4. Provide satisfactory assurance on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state.
  2. The department is authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state, as provided for in relevant federal legislation.
  3. The department may cooperate with other states in connection with the preservation of any rail services within this state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.
  4. The department may contract with any domestic or foreign person, firm, corporation, agency, or government to provide, maintain, or improve rail transportation service within this state.

History. Acts 1977, No. 192, § 8; A.S.A. 1947, § 76-2807; Acts 2017, No. 707, § 309.

Amendments. The 2017 amendment, in (a), substituted “Department of Transportation” for “State Highway and Transportation Department”, and made a stylistic change.

27-1-106. Mass transit — Findings — Powers and duties.

  1. The General Assembly finds that:
    1. Transportation is a critical problem for the elderly, individuals with disabilities, and others without access to the use of a private automobile;
    2. Public transportation in the rural and small urban areas in Arkansas is lacking;
    3. Public transportation in many instances is no longer a profitable undertaking for private enterprise acting alone;
    4. Public subsidy of public transportation, whether privately or publicly operated, is often necessary to provide needed transportation services;
    5. The variety of federal, state, and local activities in providing public transportation services requires coordination for optimal utilization of and maximum benefit from public resources;
    6. Communities require technical assistance in addressing their public transportation needs; and
    7. It is in the best interest of the people of Arkansas to develop programs providing solutions for the above concerns.
  2. To this end, the Arkansas Department of Transportation shall:
    1. Coordinate research into the problems of mass transit and reasonable solutions; and
    2. Realize the economies of organized coordinated transport service in order to eliminate the substantial waste in uncoordinated and often duplicated efforts which are particularly troublesome in view of the limited fiscal resources of the smaller urbanized areas and urban places peculiar to the Arkansas demographic situation.
  3. The department is authorized to exercise those powers necessary for the state to qualify for urban mass transportation administration funds and any other public transit funds or other transportation assistance pursuant to the provisions of any federal or state act.
  4. The department is authorized to provide financial assistance within the limits of the funds appropriated for this purpose for capital or operating assistance to urban mass transportation systems within the state as provided for in relevant federal or state legislation.
  5. The department may cooperate with other states in connection with the improving, initiating, maintaining, planning, or preserving of any public transit program within this state. In carrying out the authority conferred by this subsection, the department may enter into general contractual arrangements with other states.
  6. The department may contract with any domestic or foreign person, firm, corporation, agency, or government to improve, initiate, maintain, plan, or preserve any public transit service within this state.

History. Acts 1977, No. 192, § 9; A.S.A. 1947, § 76-2808; Acts 1997, No. 208, § 29; 2017, No. 707, § 310.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-1-107. Rules — Reorganization.

The Arkansas Department of Transportation shall adopt and promulgate reasonable rules and reorganize as necessary to carry out the responsibilities delegated to it under this chapter.

History. Acts 1977, No. 192, § 10; A.S.A. 1947, § 76-2809; Acts 2017, No. 707, § 311; 2019, No. 315, § 3076.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the text.

Chapter 2 Hazardous Materials Transportation Act of 1977

Cross References. Management of hazardous waste, § 8-7-201 et seq.

No civil liability for good samaritans assisting at hazardous materials accidents, § 8-7-101.

Effective Dates. Acts 1977, No. 421, § 11: Mar. 15, 1977. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that the transportation of hazardous materials in immediate containers which do not bear adequate warnings, the failure of carriers to use adequate immediate containers, the failure of carriers to provide adequate emergency equipment to deal with escaping hazardous materials and the failure of public authorities to receive prompt notice of such escapes present an intolerable hazard to the safety of the people of Arkansas, and to the environment of the State; that there is an urgent need to require the labeling of immediate containers of hazardous materials, the use of adequate immediate containers and to provide for adequate emergency equipment and the prompt notification of public authorities of the escape of such materials; and that this Act is designed to correct this situation and should be given effect at the earliest possible date. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its passage and approval.”

Acts 1991, No. 769, § 5: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that Arkansas Code § 27-2-103 is incompatible with Federal Motor Carrier Safety Regulations; that unless Arkansas Code § 27-2-1032 is amended, the federal funds received by the State for highway safety programs of this State will be in jeopardy; that such federal funds are essential to the highway safety programs of this State, in particular federal funds received by the State under the Motor Carrier Safety Assistance Program (MCSAP) which funds are utilized in assisting the monitoring and enforcement of the safety of trucks on this State's highways, roads, and streets; and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1991, could work irreparable harm upon the proper administration and provision of this essential highway safety program. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1999, No. 1255, § 5: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that unless certain limited exemptions available to transporters of hazardous materials, which exemptions are allowable in accordance with United States Department of Transportation regulations, are specifically authorized by state law, these exemptions will not be available to such transporters. It is further found that unless these exemptions are authorized, a hardship will result to such transporters, including farmers transporting agricultural products, as well as transporters of petroleum products, and, in order to avoid this hardship, this act should take effect immediately upon its passage and approval. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Research References

Am. Jur. 61C Am. Jur. 2d, Pollution Control, § 1156 et seq.

27-2-101. Title.

This chapter shall be known as and may be cited as the “Hazardous Materials Transportation Act of 1977”.

History. Acts 1977, No. 421, § 1; A.S.A. 1947, § 76-2901.

Cross References. Arkansas Hazardous and Toxic Materials Emergency Notification Act, § 12-79-101 et seq.

27-2-102. Definitions.

As used in this chapter:

  1. “A label which provides an adequate warning” means a label firmly affixed, clearly legible, conspicuously displayed, and readily accessible for reading which meets the following standards:
    1. Standards established by the laws or regulations of the United States, or by any agency of the United States, and in effect on March 15, 1977, affirmatively requiring the use of a label on containers of hazardous materials;
    2. Standards established by the Arkansas Pesticide Control Act, § 2-16-401 et seq., and rules adopted pursuant to it affirmatively requiring the use of a label on containers of hazardous materials;
    3. Standards established by the Arkansas Department of Transportation, by rule, with reference to labeling of containers of hazardous materials; or
    4. In the absence of applicable standards in any of the preceding categories, the following standards:
      1. The name and place of business of the manufacturer, packer, distributor, or seller;
      2. The common or usual name, if any, the chemical name, and the chemical composition of the hazardous material;
      3. The signal word “DANGER” on substances which are extremely flammable, combustible, corrosive, or highly toxic;
      4. The signal word “WARNING” or “CAUTION” on all other hazardous materials;
      5. An affirmative statement of the principal hazard or hazards such as “Flammable”, “Combustible”, “Vapor harmful”, “Causes burns”, “Absorbed through skin”, or similar wording descriptive of the hazard;
      6. Precautionary measures describing the action to be followed or avoided;
      7. Instructions, when necessary or appropriate, for first aid treatment;
      8. The word “POISON” for any hazardous material which is capable of producing substantial personal injury or illness to human beings through ingestion, inhalation, or absorption through any body surface; and
      9. Instructions for handling and storage of containers which require special care in handling or storage;
  2. “Adequate emergency equipment” means equipment and procedures for the use of the equipment which are:
    1. Reasonably adapted to the containment or neutralization of hazardous materials which escape from immediate containers;
    2. Reasonably transportable in or on the transporting equipment;
    3. Reasonably operable by the operator of the transporting equipment;
    4. Reasonably available; and
    5. Otherwise required, by rule, by the department;
  3. “Adequate immediate container” means an immediate container which meets all applicable standards established by the laws of the United States, or by any agency of the United States by regulation in effect on March 15, 1977, or by the department, by rule, with reference to the adequacy of such a container to contain the materials within it. In the absence of applicable standards, an “adequate immediate container” means a container designed and constructed so as to contain the items or substances within it without escape during any customary or reasonably foreseeable handling or use during transportation;
  4. “Carrier” means a person engaged, directly or by agent or employee, in the transportation of property by land, air, or water as a common, contract, or private carrier;
  5. [Repealed.]
    1. “Hazardous material” means any substance or mixture of substances which:
      1. Is toxic;
      2. Is corrosive;
      3. Is an irritant;
      4. Is a strong sensitizer;
      5. Is flammable or combustible;
      6. Generates pressure through decomposition, heat, or other means;
      7. Has been defined as such by the laws of the United States or by an agency of the United States, by regulation; or
      8. Has been defined as such by the department, by rule.(B) It is the purpose of this definition to include any and all substances or mixtures of substances which pose a significant risk of substantial personal injury or substantial illness or substantial pollution to land, water, or air of Arkansas as a result of the unforeseen escape of such a substance or mixtures of substances during transportation;
  6. “Immediate container” means any receptacle which is designed to contain items or substances and prevent their escape into the environment. This definition includes, but is not limited to, bottles, boxes, cans, drums, chemical tank cars, and tank trucks;
  7. “Transport” means shipping or transportation of property by carrier where the shipping or transportation is in furtherance, incidentally or necessarily, of the business of the carrier; and
  8. All terms not otherwise defined in this section shall have the same definitions as set forth in §§ 23-13-203 and 23-13-206 unless clearly inconsistent with the purposes of this chapter.

History. Acts 1977, No. 421, § 2; A.S.A. 1947, § 76-2902; Acts 2017, No. 707, §§ 312, 313; 2019, No. 315, §§ 3077-3080.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (1)(C); and repealed (5).

The 2019 amendment substituted “rules” for “regulations” in (1)(B); and substituted “rule” for “regulation” throughout the section.

27-2-103. Prohibited acts — Exceptions.

  1. It shall be unlawful for any person to knowingly:
    1. Transport or cause to be transported within this state hazardous material in an immediate container which does not bear a label which provides an adequate warning;
    2. Transport or cause to be transported within this state hazardous material in an immediate container without carrying adequate emergency equipment;
    3. Transport or cause to be transported within this state a hazardous material in a container other than an adequate immediate container;
    4. Fail to utilize adequate emergency equipment promptly and properly, to the extent possible without serious risk of personal injury, in order to deal with the escape of a hazardous material from its immediate container when the person is the operator of the transporting equipment;
    5. Fail to notify the Division of Arkansas State Police as promptly as reasonably possible of the escape of a hazardous material from its immediate container when the person is the carrier or is the operator of the transporting equipment; or
    6. Violate any rule promulgated by the State Highway Commission pursuant to this chapter.
    1. Any and all exceptions to the requirements contained in subsection (a) of this section allowed transporters of agricultural products, petroleum products, a material of trade, or any others, as set out in 49 C.F.R. pt. 173, including, but not limited to, 49 C.F.R. §§ 173.5, 173.6, and 173.8, shall be allowable to the transporters provided that all the requirements to avail these transporters of those exemptions, which requirements are set out in these United States Department of Transportation regulations, are met by the transporters.
    2. Further provided, if the United States Department of Transportation or the United States Congress adopts exceptions greater than those currently allowed transporters of hazardous materials in 49 C.F.R. pt. 173, the Arkansas Department of Transportation may adopt such comparable exemptions as are applicable to the transporters while utilizing the highways of this state.
  2. The provisions of subdivision (a)(5) of this section shall not apply to persons while operating farm vehicles of whatever size upon agricultural land owned, leased, or rented by the persons or their employers.

History. Acts 1977, No. 421, §§ 6, 7; A.S.A. 1947, §§ 76-2906, 76-2907; Acts 1991, No. 769, § 1; 1999, No. 1255, § 1; 2017, No. 707, § 314; 2019, No. 315, § 3081.

Amendments. The 2017 amendment, in (b)(2), inserted “United States” following “if the” and substituted “Department of Transportation” for “State Highway and Transportation Department”.

The 2019 amendment substituted “rule” for “regulation” in (a)(6).

27-2-104. Violations.

  1. Violation of any provisions of § 27-2-103 is a Class A misdemeanor.
  2. Each violation of this chapter and each noncomplying immediate container transported in violation of it shall constitute a separate offense.

History. Acts 1977, No. 421, § 8; A.S.A. 1947, § 76-2908.

27-2-105. Enforcement.

The enforcement personnel of the Division of Arkansas State Police and enforcement personnel of the Arkansas Department of Transportation shall have the authority to enforce the provisions of this chapter.

History. Acts 1977, No. 421, § 5; A.S.A. 1947, § 76-2905; Acts 2017, No. 707, § 315.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-2-106. Additional rules authorized.

    1. In addition to the specific authority granted to the Arkansas Department of Transportation by this chapter to define terms and impose additional requirements, by rule, the department shall have the authority to promulgate additional rules, in the manner provided by law, in furtherance of this chapter.
    2. These rules may include, but are not limited to, the establishment of reasonable safeguards in the transportation of hazardous materials, including, as the department finds appropriate, the use of escort vehicles and the temporary prohibition of transportation of hazardous materials during unsafe conditions, the establishment of a system requiring notification of public authorities prior to transportation of hazardous materials, the adoption by reference of laws or regulations of the United States, and the maintenance of records.
  1. The department is empowered to enforce this chapter by any and all civil or criminal remedies provided by law.
  2. All portions of this chapter, except this section, shall be fully operable and effective without the enactment of rules by the department.
  3. Nothing contained within this chapter or requirements imposed by it shall be construed so as to relieve any person from the necessity of complying with any applicable laws or regulations of the United States.

History. Acts 1977, No. 421, § 3; A.S.A. 1947, § 76-2903; Acts 2017, No. 707, § 316; 2019, No. 315, §§ 3082, 3083.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

The 2019 amendment substituted “rules” for “regulations” throughout (a) and (c); and substituted “rule” for “regulation” in (a)(1).

27-2-107. No additional requirements imposed on railroads.

Nothing contained in this chapter shall be construed as imposing any requirement or obligation on railroad carriers beyond the requirements and obligations imposed upon railroad carriers by applicable laws and regulations of the United States, including, without limitation, those pertaining to immediate containers, adequate immediate containers, adequate emergency equipment, if any, and labeling, all to the end that any railroad carrier which is in compliance with the laws and regulations of the United States shall be deemed to be in compliance with this chapter.

History. Acts 1977, No. 421, § 7; A.S.A. 1947, § 76-2907.

27-2-108. Conformity with Arkansas Administrative Procedure Act.

All rules proposed and adopted by the Arkansas Department of Transportation under this chapter and all other actions of the department taken under the authority and responsibility prescribed in this chapter shall be in conformity with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 1977, No. 421, § 4; A.S.A. 1947, § 76-2904; Acts 2017, No. 707, § 317; 2019, No. 315, § 3084.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”; and made stylistic changes.

The 2019 amendment deleted “and regulations” following “rules”.

Chapter 3 Arkansas Public Transportation Coordination Act

Effective Dates. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-3-101. Title.

This chapter may be known and may be cited as the “Arkansas Public Transportation Coordination Act”.

History. Acts 1993, No. 353, § 1.

27-3-102. Legislative determination.

Adequate and efficient public transportation is essential to the well-being of many of our state's citizens and the economic growth of both urban and rural areas. It is the purpose and intent of this chapter to have a general public transportation policy which encourages the planning, development, implementation, operation, and evaluation of efficient and coordinated transportation systems, both public and private. While the leadership and coordination in the development of public transportation policy and programs is vested in the Arkansas Department of Transportation by statutory authority, a number of departments, agencies, and other legally constituted bodies are involved in the implementation and operation of public transportation services, and the policy and programs should be developed with their advice and recommendations.

History. Acts 1993, No. 353, § 2; 2017, No. 707, § 318.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-3-103. Arkansas Public Transportation Coordination Council established.

  1. There is hereby established the Arkansas Public Transportation Coordination Council, which shall consist of twelve (12) members.
  2. The members shall be as follows:
      1. There shall be three (3) members of the Arkansas Public Transportation Coordination Council appointed by the Governor to serve for terms of four (4) years:
        1. One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system;
        2. One (1) member shall be appointed to represent the consumers of public transportation services; and
        3. One (1) member shall be appointed as a member at large.
      2. In the event of a vacancy on the Arkansas Public Transportation Coordination Council of one (1) of the gubernatorial positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor of a person meeting the same qualifications as are required for the initial appointment;
    1. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one (1) person to serve at their pleasure who is not a member of the General Assembly;
    2. The remaining seven (7) members of the Arkansas Public Transportation Coordination Council shall be:
      1. The Secretary of the Department of Human Services or his or her designee;
      2. The Director of State Highways and Transportation or his or her designee;
      3. The Secretary of the Department of Health or his or her designee;
      4. The Chair of the Arkansas Economic Development Council or his or her designee;
      5. The Director of the Arkansas Economic Development Commission or his or her designee;
      6. The Director of the University of Arkansas Cooperative Extension Service or his or her designee; and
      7. The Chair of the Arkansas Workforce Development Board or his or her successor or designee.
  3. The Arkansas Public Transportation Coordination Council shall elect by majority vote one (1) of its members to serve as chair and one (1) of its members to serve as vice chair for such terms as are determined by the Arkansas Public Transportation Coordination Council.
  4. The Arkansas Public Transportation Coordination Council shall have the power to prescribe and issue, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be necessary to carry out the provisions of this chapter.
  5. The Arkansas Public Transportation Coordination Council shall meet at the call of the Chair of the Arkansas Public Transportation Coordination Council.
  6. Seven (7) members of the Arkansas Public Transportation Coordination Council constitute a quorum, and a majority vote of the members present is necessary for any action taken by the Arkansas Public Transportation Coordination Council.
  7. The members of the Arkansas Public Transportation Coordination Council shall serve without compensation provided that in the event that funds shall be available for such purposes, the members may receive expense reimbursement as provided in § 25-16-901 et seq.

History. Acts 1993, No. 353, § 3; 1997, No. 250, § 245; 1997, No. 540, § 61; 1997, No. 1354, § 45; 1999, No. 935, § 8; 1999, No. 991, § 1; 2001, No. 1288, § 26; 2015 (1st Ex. Sess.), No. 7, § 136; 2015 (1st Ex. Sess.), No. 8, § 136; 2019, No. 315, § 3085; 2019, No. 910, § 5119.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Arkansas Economic Development Commission” for “Department of Rural Services” in (b)(3)(E).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (b)(3)(A); substituted “Secretary of the Department of Health” for “Director of the Department of Health” in (b)(3)(C); and substituted “Director of the Arkansas Economic Development Commission” for “Executive Director of the Arkansas Economic Development Commission” in (b)(3)(E).

27-3-104. Definitions.

As used in this chapter:

  1. “Coordination” means the arrangement for the provision of transportation to the general public in a manner that is cost effective, efficient, and reduces fragmentation and duplication of services;
  2. “Council” means the Arkansas Public Transportation Coordination Council;
  3. [Repealed.]
  4. “Federal agency” means any department, office, council, or agency of the federal government;
  5. “Local agency” means any entity of a city, town, municipality, county, or other local governing body or a private nonprofit transportation service-providing agency;
  6. “Public transportation” means every conveyance of human passengers by bus, van, or any other ground surface vehicle which is provided to the general public or selected groups thereof on a regular or continuing basis;
  7. “State” means the State of Arkansas;
  8. “State agency” means any department, board, commission, office, or agency of the State of Arkansas; and
  9. “Transportation disadvantaged” means those persons who because of physical or mental disability, income status, or age are unable to transport themselves and are therefore dependent upon others for transportation services.

History. Acts 1993, No. 353, § 4; 2017, No. 707, § 319.

Amendments. The 2017 amendment repealed (3).

27-3-105. Purpose — Rights and responsibilities.

  1. The Arkansas Public Transportation Coordination Council, by and through the Arkansas Department of Transportation, is to accomplish the coordination of transportation services provided to the general public, particularly the transportation-disadvantaged.
  2. The goal of this coordination shall be to assure the cost-effective provision of public transportation by qualified transportation operators.
  3. In carrying out this purpose, the council shall:
    1. Serve as a clearinghouse for information relating to public transportation services, funding sources, innovations, and coordination efforts;
    2. Establish statewide objectives for providing public transportation services for the general public, particularly the transportation-disadvantaged;
    3. Develop policies and procedures for the coordination of federal, state, and local funding for public transportation facilities and services;
    4. Identify barriers prohibiting the coordination and accessibility of public transportation services and aggressively pursue the elimination of these barriers;
    5. Assist communities in developing public transportation systems available for public use, with special emphasis on serving the transportation-disadvantaged;
    6. Assure that all procedures, guidelines, and directives issued by state agencies are conducive to the coordination of public transportation services and facilities;
    7. Develop standards covering coordination, operation, costs, and utilization of public transportation services;
      1. Through the department, have the authority to apply for and accept funds, grants, gifts, and services from federal, state, local, or private funding sources.
      2. Funds acquired or accepted under subdivision (c)(8)(A) of this section shall be solely for the purpose of carrying out the council's responsibilities;
      1. Review, monitor, and coordinate all funding requests for state and federal grants to be used for the provision of public transportation services.
      2. The funds shall be available only to those entities participating in an approved coordinated transportation system or an entity which has been granted a waiver by the council; and
    8. Coordinate all public transportation programs with the appropriate local, state, and federal agencies and public transit agencies to ensure compatibility with existing transportation systems.

History. Acts 1993, No. 353, § 6; 2017, No. 707, § 320.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-3-106. Administrative support.

  1. Administrative support shall be provided by the Arkansas Department of Transportation.
  2. The department shall employ such personnel as may be necessary to perform adequately the functions of the Arkansas Public Transportation Coordination Council within the limitations of the department's annual appropriations act.
  3. The department may utilize any state-appropriated funds or federal funds available for such purposes.

History. Acts 1993, No. 353, § 5; 2017, No. 707, § 321.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-3-107. Interagency support.

  1. To implement the highest level of interagency cooperation, each state agency whose functions involve the administration of programs which directly or indirectly fund the purchase of public transportation services, equipment, facilities, or support operating assistance shall be required to issue policies advocating support for coordinated public transportation and the recommendations coming forth from the Arkansas Public Transportation Coordination Council.
  2. Each state agency which is requested by the council to submit information necessary to carry out the purpose of this chapter shall do so in a cooperative and timely manner.

History. Acts 1993, No. 353, § 7.

Chapters 4-12

[Reserved]

Subtitle 2. Motor Vehicle Registration and Licensing

Chapter 13 General Provisions

Effective Dates. Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-13-101. [Repealed.]

Publisher's Notes. This section, concerning payment of personal property taxes as condition to registration or renewal, was repealed by Acts 1997, No. 974, § 6. The section was derived from: Acts 1981, No. 927, § 3; A.S.A. 1947, § 84-494.2; Acts 1987, No. 621, §§ 5, 7.

27-13-102. Proof of insurance required — Definition.

  1. A motor vehicle license plate or motor vehicle registration shall not be issued, renewed, or changed unless:
    1. A check of the Vehicle Insurance Database indicates that the vehicle and the applicant's operation of the vehicle meet the motor vehicle liability insurance requirements of § 27-22-101 et seq.; or
    2. The applicant provides satisfactory proof to the Department of Finance and Administration that the vehicle and the applicant's operation of the vehicle meet the motor vehicle liability insurance requirements of § 27-22-101 et seq.
    1. Satisfactory proof that the vehicle and the applicant's operation of the vehicle meet the motor vehicle liability insurance requirements of § 27-22-101 et seq. may be presented in either paper form or electronic form only if presented to the department within thirty (30) days from the date of issuance shown on the paper form or electronic form.
    2. As used in subdivision (b)(1) of this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required by § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
  2. The department is not liable for damages to any property or person due to an act or omission that occurs while administering this section, including without limitation any damage that occurs to a cellular phone or portable electronic device that is used to present satisfactory proof of motor vehicle liability insurance coverage.
  3. This section does not apply to state-owned vehicles or state employees while operating state-owned vehicles.

History. Acts 1987, No. 442, §§ 3, 6; 1987, No. 971, § 1; 1997, No. 991, § 6; 2013, No. 175, § 1; 2019, No. 869, § 3.

Amendments. The 2013 amendment rewrote the section.

The 2019 amendment added “only if presented to the department within thirty (30) days from the date of issuance shown on the paper form or electronic form” in (b)(1).

Cross References. Automobile liability insurance generally, § 23-89-201 et seq.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Am. Jur. 7A Am. Jur. 2d, Auto., § 189 et seq.

C.J.S. 60 C.J.S., Motor vehicles, § 156 et seq.

27-13-103. Rules.

The Secretary of the Department of Finance and Administration shall have the authority to promulgate such rules as are necessary to implement and administer the provisions of this act.

History. Acts 1997, No. 974, § 19; 2019, No. 910, § 4484.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Meaning of “this act”. Acts 1997, No. 974, codified as §§ 19-6-301, 22-3-1225, 26-26-706, 27-13-103, 27-14-607, 27-14-608, 27-14-1015, 27-14-1021, 27-14-1207, 27-32-101, 27-32-102, 27-32-201 [repealed].

27-13-104. [Repealed.]

Publisher's Notes. This section, concerning voluntary contributions to the Organ Donor Awareness Education Trust Fund, was repealed by Acts 2005, No. 896, § 2. The section was derived from Acts 2003, No. 1362, § 3[6].

Chapter 14 Motor Vehicle Administration, Certificate of Title, and Antitheft Act

A.C.R.C. Notes. This act has been substantially modified, amended, and repealed by the Arkansas General Assembly so that it is questionable whether it is still uniform. For Commentary regarding the Uniform Vehicle Code, see Commentaries Volume B.

Cross References. Operation of golf carts on city streets, § 14-54-1410.

Registration and licensing — Special uses, §§ 27-15-101 et seq. and 27-24-101 et seq.

Research References

A.L.R.

What constitutes farm vehicle, construction equipment, or vehicle temporarily on highway exempt from registration as motor vehicle. 27 A.L.R.4th 843.

Am. Jur. 7A Am. Jur. 2d, Auto., § 55 et seq.

Ark. L. Rev.

Acts 1949 General Assembly — Act 142 Motor-Vehicle Administration Registration, Certificate of Title, and Antitheft Act, 3 Ark. L. Rev. 381.

C.J.S. 60 C.J.S., Motor Veh., § 156 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-101. Title.

This chapter may be cited as the “Motor Vehicle Administration, Certificate of Title, and Antitheft Act”.

History. Acts 1949, No. 142, § 90; A.S.A. 1947, § 75-190; Acts 2017, No. 448, § 1.

Publisher's Notes. This chapter and Chapter 15 of this title may be considered as the “Motor Vehicle Code” of Arkansas.

Amendments. The 2017 amendment deleted “Uniform” preceding “Motor Vehicle”.

27-14-102. Construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose.

History. Acts 1949, No. 142, § 89; A.S.A. 1947, § 75-189.

27-14-103. Arkansas Forestry Commission — Exemption.

    1. Except as provided under subdivision (a)(2) of this section, the Arkansas Forestry Commission is exempt from the licensing and registration requirements under this subtitle for a truck, pickup truck, motor vehicle, or other vehicle of any nature that it owns, uses, and operates.
      1. The State Forester and the Secretary of the Department of Finance and Administration shall adopt identification tags or other insignia that shall be attached to the vehicles by the officers, members, and employees of the commission.
      2. A charge shall not be made or fee collected for the identification tags or other insignia.
    1. Except as provided under subdivision (b)(2) of this section, a truck, pickup truck, motor vehicle, or other vehicle of any nature owned, used, and operated by the commission is exempt from the payment of any fees and charges required by the laws of this state for the operation of the vehicles upon the public highways of this state.
    2. However, the commission shall pay the initial fees and charges required by state law to register the vehicle and enter the vehicle in the state licensing and registration system.

History. Acts 2011, No. 638, § 1; 2019, No. 910, § 4485.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2)(A).

27-14-104. Definitions.

As used in this chapter:

  1. “Bus” means a motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, or a motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
  2. “Dealer” means a person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under this chapter and who has an established place of business for that purpose in this state;
  3. “Essential parts” means all integral and body parts of a vehicle of a type required to be registered under this chapter, that if removed, altered, or substituted would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation;
  4. “Established place of business” means the place actually occupied, either continuously or at regular periods, by a dealer or manufacturer, where the books and records of the business are kept and a large share of the business is transacted;
  5. “Foreign vehicle” means a vehicle not registered in this state but of a type required to be registered under this chapter and brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer;
  6. “Implement of husbandry” means a vehicle not subject to registration if used on the highways and designed or adapted exclusively for timber harvesting or hauling, agricultural, horticultural, or livestock raising operations, or for lifting or carrying an implement of husbandry;
  7. “Manufactured home” means a factory-built structure:
    1. Produced in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
    2. Designed to be used as a dwelling unit;
  8. “Manufacturer” means a person engaged in the business of constructing or assembling vehicles of a type required to be registered under this chapter at an established place of business in this state;
  9. “Mobile home” means a structure:
    1. Built in a factory before the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
    2. Designed to be used as a dwelling unit;
    1. “Motor home” means a motor vehicle designed to provide temporary living quarters, built onto, or permanently attached to, an integral part of a self-propelled motor vehicle chassis.
    2. The vehicle shall contain permanently installed independent life-enhancement systems;
  10. “Motor vehicle” means a vehicle that is self-propelled or that is propelled by electric power obtained from overhead trolley wires but not operated upon stationary rails or tracks;
  11. “Motorcycle” means a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, excluding a tractor;
  12. “Nonresident” means a person who is not a resident of this state;
    1. “Owner” means a person who holds the legal title of a vehicle.
    2. In the event a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is the owner for the purpose of this chapter;
  13. “Person” means a natural person, firm, copartnership, association, or corporation;
  14. “Pneumatic tire” means a tire in which compressed air is designed to support the load;
  15. “Pole trailer” means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members, capable generally of sustaining themselves as beams between the supporting connections;
  16. “Reconstructed vehicle” means a vehicle of a type required to be registered under this chapter materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used;
    1. “Resident” means any person who:
      1. Remains in this state for a period of more than six (6) months;
      2. Resides in this state due to a change of abode; or
      3. Is domiciled in this state on a temporary or permanent basis.
    2. “Resident” does not include a person who is in this state as a student;
  17. “School bus” means a motor vehicle that is owned by a public or governmental agency and operated for the transportation of children to or from school or that is privately owned and operated for compensation for the transportation of children to or from school;
  18. “Semitrailer” means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
  19. “Special mobile equipment” means a vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including without limitation:
    1. A farm tractor;
    2. Road construction or maintenance machinery;
    3. A ditch-digging apparatus;
    4. A well-boring apparatus; and
    5. A concrete mixer;
  20. “Specially constructed vehicle” means a vehicle of a type required to be registered under this chapter not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
  21. “Street” or “highway” means the entire width between boundary lines of a roadway publicly maintained when any part of the roadway is open to the use of the public for purposes of vehicular travel;
  22. “Trailer” means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle;
  23. “Transporter” means a person engaged in the business of delivering vehicles of a type required to be registered under this chapter from a manufacturing, assembly, or distributing plant to dealers or sales agents of a manufacturer;
  24. “Truck” means a motor vehicle designed, used, or maintained primarily for the transportation of property;
  25. “Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn; and
  26. “Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

History. Acts 1949, No. 142, §§ 1-15; 1959, No. 307, §§ 1, 3; 1973, No. 596, § 1; A.S.A. 1947, §§ 75-101–75-115; Acts 1991, No. 730, § 2; 1993, No. 445, § 39; 1999, No. 912, § 1; 2003, No. 1473, § 67; 2005, No. 1991, §§ 1, 4; 2009, No. 317, § 1; 2017, No. 448, § 2.

Publisher's Notes. The definitions in this section were formerly codified as § 27-14-201 et seq.

Case Notes

Applicability.

The exemptions in the definitons of “Special mobile equipment” and “Implement of husbandry” are exemptions to the vehicle registration and licensing provisions and are not applicable to the weight provisions of § 27-35-101 et seq. Stuart v. State, 263 Ark. 54, 563 S.W.2d 398 (1978).

Boats.

The definitions in this section of “Motor vehicle” and “Vehicle” have no reference to boats. Weber v. State, 250 Ark. 566, 466 S.W.2d 257 (1971).

Camper Trailer.

Camper trailer placed on owner's property and used as a residence met the definition of semitrailer as, when moved, the camper trailer was still able to be attached to the back of a pickup truck and towed to its destination. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

In insurer's declaratory judgment action, the trial court erred in granting summary judgment to insurer where the policy language, when coupled with the relevant statutory provisions, did not clearly exclude liability coverage for a semitrailer used solely as a residence; the Missouri Administrator of the State Office of Motor Vehicles unequivocally stated that the camper trailer in question was not subject to registration based upon its use as a residence. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

Front-End Loader.

Summary judgment was improperly granted in favor of a city and its employee in a negligence action based on governmental immunity where there was a genuine issue of material fact as to whether the operation of the loader on public roads was frequent and regular or merely incidental, and thus, whether the front-end loader was exempted from the statutory definition of “motor vehicle.” Spears v. City of Fordyce, 351 Ark. 305, 92 S.W.3d 38 (2002).

In a dispute over uninsured motorist benefits, insurer's motion for judgment notwithstanding the verdict should have been granted because, even though a front-end loader could have been both “special mobile equipment” and an “auto” under an insurance policy, there was no showing that the vehicle was designed primarily for use on public roads. Southern Farm Bureau Cas. Ins. Co. v. Spears, 360 Ark. 200, 200 S.W.3d 436 (2004).

Motor Vehicles.

An all-terrain vehicle meets the definition of a motor vehicle as set out in this section, since all-terrain vehicles are self-propelled and do not require rails; the term motor vehicle, as used in § 5-65-103, also includes all-terrain vehicles. Fitch v. State, 313 Ark. 122, 853 S.W.2d 874 (1993).

Where an insurance policy definition limits “motor vehicle” to one “designed to be used” (not merely used) on public roads, such a definition is narrower than that contemplated by Arkansas' statutory law. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

A Trail 70 vehicle with a 70 cc engine is a motor vehicle, specifically, a motor-driven cycle, and, when used upon public streets, is subject to Arkansas' registration and licensing laws. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

Mowers.

Mowers and other vehicles not designed for transportation are special mobile equipment and exempt from registration. Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

Owner.

The giving of an invoice upon sale of motor vehicle by dealer was not such indicia of ownership as would estop dealer from recovering automobile from innocent purchaser after original purchaser's check was found to be fraudulent. Dobbins v. Martin Buick Co., 216 Ark. 861, 227 S.W.2d 620 (1950) (decision under prior law).

Conditional vendee of a motor vehicle is the owner for insurance purposes even though the vendee has not received a certificate of title. Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957).

Bill of sale by truck owner in payment of attorney's fees was an absolute conveyance of his interest and not a conditional sale or mortgage. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Where truck owner transferred truck to attorney in payment of attorney's fees, failure of attorney to obtain the certificate of title at the time he received the bill of sale did not deprive him of title, for the certificate of title is not title itself but only evidence of it. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

The fact that an automobile was registered in the name of the alleged owner at the time of a mishap was evidence of title in the alleged owner despite evidence that the driver had paid the alleged owner a down payment on the automobile before the mishap. Rook v. Moseley, 236 Ark. 290, 365 S.W.2d 718 (1963).

Summary judgment in favor of the government in a forfeiture action of a car brought under 21 U.S.C.S. § 881(a)(4) and (j) was reversed because, under Arkansas law, it was clear that both claimants had U.S. Const. art. III standing to challenge the forfeiture under 18 U.S.C.S. § 983(a)(4) & (d); the grandmother had the greatest financial stake in the car and, under this section, the mother was the owner of the car because she held legal title as the registered owner under § 27-14-713, although there was evidence that the mother had only “bare legal title” that was sufficient to confer Article III standing to contest the forfeiture. United States v. One Lincoln Navigator 1998, 328 F.3d 1011 (8th Cir. 2003).

Road Graders.

A road grader falls within the definition of special mobile equipment because it is not used primarily for the transportation of persons or property and it is only incidentally operated or moved over the highways. Clark v. Randolph County, 71 Ark. App. 112, 36 S.W.3d 353 (2000).

Tractors.

A tractor is an implement of husbandry, and is not subject to registration. Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

Subchapter 2 — Definitions

Effective Dates. Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Case Notes

Cited: Mears v. Rood, 233 Ark. 484, 345 S.W.2d 374 (1961).

27-14-201 — 27-14-216. [Repealed.]

Publisher's Notes. This subchapter, concerning definitions, was repealed by Acts 2017, No. 448, § 3.

For current law, see § 27-14-104.

Subchapter 3 — Penalties and Administrative Sanctions

Effective Dates. Acts 1929, No. 65, § 75: Approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1953, No. 144, § 4: Approved Feb. 25, 1953. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Fifty-ninth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage.”

Acts 1965, No. 493, § 10: Mar. 20, 1965. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (a) that traffic accidents resulting in injuries and deaths of persons and damages to property are increasing at an alarming rate; (b) that present revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (c) that only the provisions of this act will tend to provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force on and after its passage and approval.”

Acts 1965 (2nd Ex. Sess.), No. 4, § 4: Nov. 6, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirement of the present law that the motor vehicle registration certificate be carried in the vehicle or on the person driving or in control of the vehicle is necessary to the proper enforcement of the laws of this State relative to the theft of motor vehicles, but that such requirement, with the accompanying penalty for failure to comply, places an undue burden upon motorists in this State; that the provisions of this Act will retain such requirement but will relieve persons of the penalty for failure to comply if such person produces in court a registration certificate for such vehicle which was issued prior to and was in effect at the time of the demand by an officer to display the same and at the time of the arrest for failure to do so; and that this act is immediately necessary to relieve the aforementioned burden upon motorists in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1991, No. 988, § 9: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that violation of the motor vehicle licensing law is epidemic in this state resulting in lost revenues to schools and the state and local governments; that the present enforcement mechanism is not a deterrent to the violation; that this act is an attempt to enhance the enforcement of the motor vehicle licensing law; that until this act goes into effect, the motor vehicle licensing law will continue to be violated resulting in lost revenue to schools and state and local governments; that enhancing penalties for repeat offenses of the liability insurance requirement is necessary to increase compliance with the law; and that this act is immediately necessary to provide efficient enforcement of the motor vehicle licensing law and motor vehicle liability insurance law. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 1929, § 6: Jan. 1, 2006.

Acts 2017, No. 532, § 10: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the present system for registering commercial motor vehicles is inconvenient, expensive, unduly time-consuming, and lacks the software capabilities offered by comparable systems in other states to facilitate the registration process electronically. In order to make the Arkansas Motor Carrier System operational on or before January 1, 2018 as required by this act, the Department of Finance and Administration must be authorized to immediately commence planning, programming, and promulgating the necessary rules, regulations, and procedures pertaining to the necessary system enhancements, These enhancements are estimated to take more than six (6) months to complete. Moreover, due to the lack of clarity in current law, commercial motor carriers currently face potential unwarranted liability for acts or omissions involving license plates and registrations. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-301. Penalty for misdemeanor.

  1. It is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is, by this chapter or other law of this state, declared to be a felony.
  2. Unless another penalty is in this chapter or by the laws of this state provided, every person convicted of a misdemeanor for the violation of any provisions of this chapter shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

History. Acts 1949, No. 142, § 86; A.S.A. 1947, § 75-186.

27-14-302. Penalty for felony.

Any person who is convicted of a violation of any of the provisions of this chapter or by the laws of this state declared to constitute a felony shall be punished by imprisonment for not less than one (1) year nor more than five (5) years or by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or by both fine and imprisonment.

History. Acts 1949, No. 142, § 87; A.S.A. 1947, § 75-187.

27-14-303. Fraudulent applications.

Any person who fraudulently uses a false or fictitious name or address in any application for the registration of a vehicle or a certificate of title or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any application shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both.

History. Acts 1949, No. 142, § 75; A.S.A. 1947, § 75-175.

27-14-304. Operation of vehicles without license plates.

  1. No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway any vehicle required to be registered under this chapter unless there shall be attached thereto and displayed thereon, when and as required by this chapter, a valid license plate issued therefor by the office for the current registration year, except as otherwise expressly permitted in this chapter.
  2. Any violation of this section is a misdemeanor.

History. Acts 1949, No. 142, § 76; 1965 (2nd Ex. Sess.), No. 4, § 2; A.S.A. 1947, § 75-176.

Case Notes

Lesser Included Offenses.

Operation of a vehicle without a valid license plate in violation of this section is not a lesser included offense of willfully attempting to evade or defeat the payment of tax, in violation of § 26-18-201(a), and failure to pay tax, in violation of § 26-18-202; it is possible to commit the greater offenses without committing the offense of operating a vehicle without a license plate, and the lesser charge requires proof of an additional element not required under the greater offenses. Owens v. State, 354 Ark. 644, 128 S.W.3d 445 (2003).

Cited: Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-305. Penalty for using or making unofficial license plates — Definition.

  1. It shall be unlawful for the owner of any automobile, Class One truck, trailer or semitrailer, motorcycle, or motorcycle sidecar to display any license plate on the rear of the vehicle that is not furnished by the Secretary of the Department of Finance and Administration.
    1. It is unlawful for a person, firm, or corporation to reproduce, paint, or alter a license plate or registration card in this state.
    2. For the purpose of this section, “license plate” means a plate designed to be affixed to the rear of a motor vehicle, including without limitation:
      1. A plate advertising a new or used car dealership or other type of business;
      2. A rental car company identification plate; or
      3. A temporary cardboard buyer's tag under § 27-14-1705.
    3. For the purpose of this section, “reproduce, paint, or alter a license plate or registration card” does not include the:
      1. Printing of a commercial motor vehicle registration card as authorized under § 27-14-613; or
      2. Affixing of a decal bearing the commercial motor carrier's logo to a commercial motor vehicle's license plate if the decal has been authorized and approved by the secretary or the secretary's designee as authorized under § 27-14-613.
  2. Any person, firm, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

History. Acts 1929, No. 65, § 36; Pope's Dig., § 6636; Acts 1965, No. 493, § 8; A.S.A. 1947, § 75-236; Acts 2005, No. 1929, § 5; 2009, No. 186, § 1; 2017, No. 532, § 4; 2019, No. 910, §§ 4486, 4487.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2009 amendment, in (b), inserted “or alter” in (b)(1), redesignated (b)(2), rewrote (b)(2)(C), and made related and stylistic changes.

The 2017 amendment substituted “For the purpose” for “For purposes” in the introductory language of (b)(2); added (b)(3); and made stylistic changes.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and, in (b)(3)(B), substituted “secretary” for “director” and “secretary’s” for “director’s”.

Cross References. Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.

27-14-306. Improper use of evidences of registration.

  1. No person shall lend to another any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person desiring to borrow it would not be entitled to the use thereof, nor shall any person knowingly permit their use by one not entitled thereto, nor shall any person display upon a vehicle any registration certificate, registration plate, or permit not issued for the vehicle or not otherwise lawfully thereon under this chapter.
  2. Any violation of this section is a misdemeanor.

History. Acts 1949, No. 142, § 77; A.S.A. 1947, § 75-177.

Case Notes

Circuit Court Judge Candidate.

Candidate for circuit court judge was not disqualified from running due to his conviction for a violation of this section, as misdemeanor “infamous crimes” under Ark. Const. Art. 5, § 9 and § 7-1-101 are misdemeanor offenses in which “the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement”, and the appellate court could not say that a violation of this section required a finding or admission of deceit, fraud, or false statement. Weeks v. Thurston, 2020 Ark. 64, 594 S.W.3d 23 (2020).

Mental State.

Violation of this section does not necessarily involve dishonesty or false statement, and the Supreme Court overrules Fronterhouse v. State, 2015 Ark. App. 211, on that specific point. Weeks v. Thurston, 2020 Ark. 64, 594 S.W.3d 23 (2020).

While deceit, fraud, or a false statement certainly can be present in a violation of this section, a finder of fact is not required under the statute to find deceit, fraud, or a false statement. Furthermore, only one of the three ways one can violate this section requires a culpable mental state—knowingly permitting. Weeks v. Thurston, 2020 Ark. 64, 594 S.W.3d 23 (2020).

Reasonable Cause.

A violation of this section provides a police officer with reasonable cause to believe that the driver of the vehicle is committing a violation of the law in his presence. Wilburn v. State, 317 Ark. 73, 876 S.W.2d 555 (1994).

There was probable cause to support defendant's arrest where defendant was exceeding the posted speed limit, defendant was driving a car with fictitious tags, which was a crime, and both the vehicle and defendant matched the description of the robbery suspect that the police were given. Medlock v. State, 79 Ark. App. 447, 89 S.W.3d 357 (2002).

Where a police officer ran the tags on a vehicle and learned that it had a fictitious license plate, the officer had probable cause to stop the car; in addition, where police discovered the presence of marijuana inside the vehicle during the traffic stop, the subsequent search of defendant's shoe, which yielded marijuana, was a search incident to a lawful arrest. Thornton v. State, 85 Ark. App. 31, 144 S.W.3d 766 (2004).

Cited: Hazelwood v. State, 328 Ark. 602, 945 S.W.2d 365 (1997); Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997).

27-14-307. False evidences of title or registration.

It is a felony for any person to commit any of the following acts:

  1. To alter, with fraudulent intent, any certificate of title, registration certificate, registration plate, manufacturer's certificate of origin, or permit issued by the Office of Motor Vehicle;
  2. To forge or counterfeit any such document or plate purporting to have been issued by the office or by the manufacturer;
  3. To alter or falsify, with intent to defraud or mislead, or with intent to evade the registration laws, any assignment upon a certificate of title or upon a manufacturer's certificate of origin;
  4. To hold or use any such document or plate knowing it to have been so altered, forged, or falsified.

History. Acts 1949, No. 142, § 78; 1957, No. 368, § 1; A.S.A. 1947, § 75-178.

27-14-308. Authority to suspend or revoke registration or certificate of title, etc.

The Office of Motor Vehicle is authorized to suspend or revoke the registration of a vehicle, a certificate of title, registration certificate, registration plate, or any nonresident or other permit in any of the following events:

  1. When the office is satisfied that the registration or that the certificate, plate, or permit was fraudulently or erroneously issued;
  2. When the office determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
  3. When a registered vehicle has been dismantled or wrecked;
  4. When the office determines that the required fee has not been paid and it is not paid upon reasonable notice and demand;
  5. When a registration certificate, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued;
  6. When the office determines that the owner has committed any offense under this chapter involving the registration or the certificate, plate, or permit to be suspended or revoked;
  7. When the office is so authorized under any other provision of law; or
  8. When the owner of a commercial truck is not authorized to operate by the Department of Transportation due to safety-related violations.

History. Acts 1949, No. 142, § 79; A.S.A. 1947, § 75-179; Acts 2003, No. 854, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Registration of Commercial Vehicle, 26 U. Ark. Little Rock L. Rev. 508.

Case Notes

Cited: House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

27-14-309. Failure to pay taxes on or assess personal property as ground for revocation.

  1. Upon sufficient proof or information that any motor vehicle has been licensed and registered in this state without the tax due on all the personal property of the applicant having been paid or without having been listed for assessment or assessed, the Secretary of the Department of Finance and Administration is authorized to revoke the license and registration of the motor vehicle.
  2. The provisions of this section shall not apply to dealer's license and registration.

History. Acts 1951, No. 130, § 2; 1953, No. 144, § 2; A.S.A. 1947, § 75-179.1; Acts 2019, No. 910, § 4488.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Cross References. Payment of personal property taxes and listing for assessment required, § 27-14-1015.

Research References

Ark. L. Rev.

Assessment and Licensing of Motor Vehicles, 7 Ark. L. Rev. 349.

27-14-310. Improper activities by manufacturer, transporter, or dealer.

The Office of Motor Vehicle is authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, transporter, or dealer upon determining that any person is not lawfully entitled thereto, has made, or knowingly permitted, any illegal use of such plates, has committed fraud in the registration of vehicles, or has failed to give notices of transfers when and as required by this chapter.

History. Acts 1949, No. 142, § 80; A.S.A. 1947, § 75-180.

27-14-311. Appeal of revocation by dealer.

    1. Any dealer whose license or permit has been revoked by the Secretary of the Department of Finance and Administration may appeal to the circuit court of the county in which the dealer's license or permit was issued, within thirty (30) days, by filing a petition and bond as in other cases of appeal to the circuit court.
    2. The bond shall be conditioned that the petitioner will perform the judgment of the circuit court.
    3. The trial in the circuit court shall be held de novo.
  1. If aggrieved by the judgment of the circuit court, the petitioner may appeal to the Supreme Court of this state as in other civil cases.
  2. The bonds shall be approved by the clerk of the court as in other appeals in civil cases.

History. Acts 1951, No. 150, § 2; A.S.A. 1947, § 75-180.2; Acts 2019, No. 910, § 4489.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-14-312. Returning evidences of registration upon cancellation, etc.

Whenever the Office of Motor Vehicle, as authorized under this chapter cancels, suspends, or revokes the registration of a vehicle or a certificate of title, registration certificate, or license plate, or any nonresident or other permit or the license of any dealer or wrecker, the owner or person in possession of it shall immediately return the evidences of registration, title, or license so cancelled, suspended, or revoked to the office.

History. Acts 1949, No. 142, § 81; A.S.A. 1947, § 75-181.

27-14-313. Disposition of misdemeanor fines and forfeitures.

  1. All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this chapter constituting a misdemeanor shall be deposited in the treasury of the county, city, or town maintaining the court wherein the conviction or forfeiture was had in a special fund to be known as the “highway improvement fund”.
  2. The fund is created and shall be used exclusively in the construction, maintenance, and repair of public highways and highway structures or for the installation and maintenance of traffic control devices thereon within the respective jurisdictions.
  3. Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving, or having custody of, such fine or forfeiture, either before or after a deposit in the fund, to comply with the provisions of this section shall constitute misconduct in office and shall be grounds for removal.

History. Acts 1949, No. 142, § 88; A.S.A. 1947, § 75-188.

27-14-314. Additional penalties — Disposition of fines.

    1. A person who while driving a motor vehicle is arrested for failure to register the motor vehicle upon conviction shall be subject to a penalty in addition to any other penalty provided by law.
    2. The additional penalty shall be:
      1. Not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for the first offense, and the minimum fine shall be mandatory; or
      2. Not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) for the second and subsequent offenses, and the minimum fine shall be mandatory.
    1. If a person is convicted of two (2) offenses under subsection (a) of this section within one (1) year, the court may order that the unregistered vehicle be impounded until proof of motor vehicle registration is submitted to the court.
    2. The owner of the vehicle impounded shall be responsible for all costs of impoundment.
    1. If the arresting officer is an officer of the Department of Arkansas State Police, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Department of Arkansas State Police Fund to be used for the purchase and maintenance of state police vehicles.
    2. If the arresting officer is a county law enforcement officer, the fine collected shall be deposited into that county fund used for the purchase and maintenance of:
      1. The following:
        1. Rescue, emergency medical, and law enforcement vehicles;
        2. Communications equipment;
        3. Animals owned or used by law enforcement agencies; and
        4. Life-saving medical apparatus; and
      2. Law enforcement apparatus to be used for the purposes set out in subdivision (c)(2)(A) of this section.
    3. If the arresting officer is a municipal law enforcement officer, the fine collected shall be deposited into that municipal fund used for the purchase and maintenance of:
      1. The following:
        1. Rescue, emergency medical, and law enforcement vehicles;
        2. Communications equipment;
        3. Animals owned or used by law enforcement agencies; and
        4. Life-saving medical apparatus; and
      2. Law enforcement apparatus to be used for the purposes set out in subdivision (c)(3)(A) of this section.

History. Acts 2011, No. 876, § 2.

A.C.R.C. Notes. Acts 2011, No. 876, § 1, provided: “The General Assembly finds:

“(1) In the 2009 Regular Session of the General Assembly, a court ‘clean-up’ bill concerning the payment and collection of fines, costs, and restitution inadvertently repealed Arkansas Code § 27-14-314 regarding the penalties for driving an unregistered motor vehicle;

“(2) Arkansas Code § 27-14-314 was originally enacted during the 1991 Regular Session of the General Assembly;

“(3) In Act 988 of 1991, the General Assembly found that these penalties were necessary because:

“(A) There were a large number of unlicensed motor vehicles in the state;

“(B) Unlicensed motor vehicles result in lost revenues in the form of unpaid license fees;

“(C) Owners of unlicensed motor vehicles most likely have not:

“(i) Paid property taxes on the unlicensed vehicles, depriving local governments and school districts of vitally needed revenues;

“(ii) Paid sales tax on the motor vehicles, depriving the state of significant revenues; or

“(iii) Insured the vehicle in compliance with the mandatory insurance requirements, increasing the potential financial catastrophe to others involved in accidents with them; and

“(D) Promotion of the enforcement of Arkansas's motor vehicle licensing law is necessary; and

“(4) This act is necessary for legislative correction to reinstate the penalties that were in effect until accidentally repealed in 2009 for a person who drives an unregistered motor vehicle for the same reasons the law has been needed since 1991.”

Publisher's Notes. Former § 27-14-314, concerning additional penalties and disposition of fines, was repealed by Acts 2009, No. 633, § 21. The section was derived from Acts 1991, No. 988, § 2; 1993, No. 230, § 1; 2001, No. 1408, § 2; 2003, No. 1765, § 32.

Subchapter 4 — Office of Motor Vehicle

Effective Dates. Acts 1995, No. 268, § 11: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that current law imposes a 10% penalty on late payment of sales or use tax on motor vehicles and trailers; that current law disallows the isolated sales exemption to a purchase of a motor vehicle or trailer; that each of these provisions are in need of clarification to ensure the original legislative intent is fulfilled; and that Sections 6 and 7 of this act should be effective immediately to prevent possible confusion among the taxpayers of this state. Therefore, an emergency is hereby declared to exist and Sections 6 and 7 of this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect immediately upon its passage and approval.”

Acts 2017, No. 1016, § 3: Jan. 1, 2019.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-401. Creation.

An office of the government of this state to be known as the “Office of Motor Vehicle” is created.

History. Acts 1949, No. 142, § 16; A.S.A. 1947, § 75-116.

27-14-402. Head of Office of Motor Vehicle.

The Office of Motor Vehicle shall be under the control of the Secretary of the Department of Finance and Administration.

History. Acts 1949, No. 142, § 17; A.S.A. 1947, § 75-117; Acts 2017, No. 448, § 4; 2019, No. 910, § 4490.

Amendments. The 2017 amendment rewrote the section heading; and deleted “a civil executive officer to be known as the ‘Commissioner of Motor Vehicles’ who shall be” following “control of”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-403. Powers and duties.

  1. The Secretary of the Department of Finance and Administration is vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of this chapter and of all laws regulating the operation of vehicles or the use of the highways, the enforcement or administration of which is vested in the Office of Motor Vehicle.
  2. The secretary may adopt and enforce such rules as necessary to carry out the provisions of this chapter and any other laws, the enforcement and administration of which are vested in the office.
  3. The secretary may adopt an official seal for the use of the office.

History. Acts 1949, No. 142, § 20; A.S.A. 1947, § 75-120; Acts 2017, No. 448, § 4; 2019, No. 910, § 4491.

Amendments. The 2017 amendment deleted “of commissioner” in the section heading; substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a); in (b), substituted “director may” for “commissioner is authorized to” and “rules as necessary” for “rules and regulations as may be necessary”; and substituted “director” for “commissioner” in (c).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

27-14-404. Organization.

  1. The Secretary of the Department of Finance and Administration shall organize the Office of Motor Vehicle in the manner as he or she may deem necessary and proper to segregate and conduct the work of the Office of Motor Vehicle.
  2. The secretary shall appoint such deputies, subordinate officers, clerks, investigators, and other employees as may be necessary to carry out the provisions of this chapter.
  3. The secretary shall maintain an office in Little Rock, Arkansas, and in such other places in the state as he or she may deem necessary and proper to carry out the powers and duties vested in the Office of Motor Vehicle.

History. Acts 1949, No. 142, §§ 18, 19, 21; A.S.A. 1947, §§ 75-118, 75-119, 75-121; Acts 2017, No. 448, § 4; 2019, No. 910, § 4492.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a); substituted “director” for “commissioner” in (b) and (c); and substituted “Little Rock, Arkansas,” for “the State Capitol” in (c).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

27-14-405. Police authority generally.

The Secretary of the Department of Finance and Administration and the officers and inspectors of the Office of Motor Vehicle designated by the secretary shall have the power:

  1. To inspect any vehicle of a type required to be registered under this chapter in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration of these stolen vehicles;
  2. To serve warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways; and
  3. To investigate reported thefts of motor vehicles, trailers, and semitrailers.

History. Acts 1949, No. 142, § 30; A.S.A. 1947, § 75-130; Acts 2017, No. 786, § 1; 2019, No. 910, § 4493.

Amendments. The 2017 amendment, in the introductory language, substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “designated by the director” for “as he or she shall designate”; deleted former (1) through (3) and redesignated the remaining subdivisions accordingly; substituted “of these stolen vehicles” for “thereof” at the end of present (1); and made stylistic changes.

The 2019 amendment, in the introductory language, substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

27-14-406. Authority to take possession.

The Office of Motor Vehicle is authorized to take possession of any certificate of title, registration certificate, permit, license, or registration plate issued by the office upon expiration, revocation, cancellation, or suspension, or which is fictitious or has been unlawfully or erroneously issued.

History. Acts 1949, No. 142, § 26; A.S.A. 1947, § 75-126; Acts 2017, No. 786, § 1.

Amendments. The 2017 amendment deleted (b) and deleted the (a) designation; and substituted “the office” for “it”, deleted “thereof” following “suspension”, and deleted “which” preceding “has been”.

27-14-407. Summons of witnesses.

    1. The Secretary of the Department of Finance and Administration and officers of the Office of Motor Vehicle designated by the secretary shall have authority to summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the office.
    2. The summons may require the production of relevant books, papers, or records.
    1. Every summons shall be served at least five (5) days before the return date, either by personal service made by any person over eighteen (18) years of age or by registered mail, but return acknowledgment is required to prove the latter service.
    2. Failure to obey a summons constitutes a misdemeanor.
  1. Any court of competent jurisdiction shall have jurisdiction, upon application by the secretary, to enforce all lawful orders of the secretary under this section.

History. Acts 1949, No. 142, § 28; A.S.A. 1947, § 75-128; Acts 2017, No. 786, § 1; 2019, No. 910, §§ 4494, 4495.

Amendments. The 2017 amendment, in (a)(1), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “the director” for “him or her”; substituted “constitutes” for “so served shall constitute” in (b)(2); and twice substituted “director” for “commissioner” in (b)(3).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(1) and twice in (c).

27-14-408. Manner of giving notice.

  1. Whenever the Office of Motor Vehicle is authorized or required to give any notice under this chapter or other law regulating the operation of vehicles, unless a different method of giving the notice is otherwise expressly prescribed, the notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of the notice in an envelope with postage prepaid, addressed to the person at his or her address as shown by the records of the office.
  2. The giving of notice by mail is complete upon the expiration of four (4) days after the deposit of the notice.
  3. Proof of the giving of notice in either manner may be made by the certificate of any officer or employee of the office or affidavit of any person over eighteen (18) years of age, naming the person to whom the notice was given and specifying the time, place, and manner of giving.

History. Acts 1949, No. 142, § 29; A.S.A. 1947, § 75-129.

27-14-409. Processing of applications.

  1. The Office of Motor Vehicle shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle, for a certificate of title therefor, and of any other application lawfully made to the office.
  2. The office may, in all cases, make investigation as may be deemed necessary or require additional information and shall reject any such application if not satisfied of the genuineness, regularity, or legality thereof, or of the truth of any statement contained therein, when authorized by law.
    1. If the office is not satisfied as to the ownership of a vehicle or that there are no undisclosed security interests in it, the office may accept the application, but shall, as a condition of issuing a certificate of title, require the applicant to file with the office a bond in the form prescribed by the office.
    2. The bond shall be in an amount equal to one and one-half (1 1/2) times the value of the vehicle, as determined by the office.
      1. The bond shall be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle, or person acquiring any security interest in it, and their respective successors in interest, heirs, or assigns against any expense, loss, or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle.
      2. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond.
    3. The bond, and any deposit accompanying it, shall be returned at the end of three (3) years, unless the office has been notified of the pendency of an action to recover on the bond.

History. Acts 1949, No. 142, § 25; A.S.A. 1947, § 75-125; Acts 1993, No. 1013, § 1; 1995, No. 268, § 5.

27-14-410. Forms.

The Secretary of the Department of Finance and Administration shall prescribe and provide suitable forms of applications, certificates of title, registration certificates, and all other forms requisite or necessary to carry out the provisions of this chapter and any other laws, the enforcement and administration of which are vested in the Office of Motor Vehicle.

History. Acts 1949, No. 142, § 22; A.S.A. 1947, § 75-122; Acts 2017, No. 448, § 5; 2019, No. 910, § 4496.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and deleted “deemed” following “requisite or”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-411. Oaths and signatures.

  1. Officers and employees of the Office of Motor Vehicle designated by the Secretary of the Department of Finance and Administration are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures.
  2. Administration of oaths and acknowledgement of signatures under subsection (a) of this section shall be performed without fee.

History. Acts 1949, No. 142, § 23; A.S.A. 1947, § 75-123; Acts 2017, No. 448, § 5; 2019, No. 910, § 4497.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a); and rewrote (b).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-412. Records.

    1. All records of the Office of Motor Vehicle, other than those declared by law to be confidential for the use of the office, shall be open to public inspection during office hours.
    2. The use of lists or other aggregations of compilations of motor vehicle registration information is restricted to safety recall notification programs involving motor vehicles and motor vehicle equipment, other federal and state agency programs, research and statistics involving motor vehicles in which individual identities are not published, disclosed, or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015.
    3. Motor vehicle registration information shall not be sold, furnished, or used for solicitation purposes.
    1. The Secretary of the Department of Finance and Administration and such officers of the office as the secretary may designate are authorized to prepare under the seal of the office and deliver upon request a certified copy of any record of the office or a noncertified electronic copy of any record of the office.
    2. A fee of one dollar ($1.00) shall be charged for each certified record authenticated.
    3. Every certified copy shall be admissible in any proceeding in any court in like manner as the original.
      1. A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions:
        1. An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and
        2. An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law.
      2. A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records.
  1. The secretary may destroy any records of the office that have been maintained on file for five (5) years that the secretary considers obsolete and of no further service in carrying out the powers and duties of the office.
  2. All fees collected under this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.

History. Acts 1949, No. 142, §§ 23, 24; A.S.A. 1947, §§ 75-123, 75-124; Acts 1987, No. 371, § 1; 2015, No. 569, § 1; 2017, No. 448, § 5; 2019, No. 910, §§ 4498, 4499.

Amendments. The 2015 amendment redesignated former (a)(2) as (a)(2) and (3); in (a)(2), deleted “and” preceding “research,” deleted “or” following “published,” and added “or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015”; added “or a noncertified electronic copy of any record of the office” at the end of (b)(1); substituted “certified record” for “document so” in (b)(2); added (b)(4); added (d); and made stylistic changes.

The 2017 amendment, in (b)(1), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “director” for “commissioner”; and, in (c), substituted “director” for “commissioner” and “the director” for “he or she”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(1); and substituted “secretary” for “director” in (b)(1) and twice in (c).

27-14-413. Distribution of laws.

The Office of Motor Vehicle may publish a synopsis or summary of the laws of this state regulating the operation of vehicles and may deliver a copy without charge with each original vehicle registration.

History. Acts 1949, No. 142, § 27; A.S.A. 1947, § 75-127.

27-14-414. [Repealed.]

Publisher's Notes. This section, concerning the Vehicle Insurance Database, was repealed by Acts 2017, No. 1016, § 1, effective January 1, 2019. The section was derived from Acts 1997, No. 991, § 5.

Subchapter 5 — Commission for Reciprocal Agreements

Preambles. Acts 1945, No. 60 contained a preamble which read:

“Whereas, the free flow of commerce between the several states of the United States not only reduces costs to the producer, manufacturer, and consumer, but also gives a distinct advantage to citizens of those states having no trade barriers; and

“Whereas, the motor transportation industry is of widespread importance to every citizen, industry, business, producer and manufacturer in the State of Arkansas; and

“Whereas, motor carriers domiciled in Arkansas are confronted with certain trade barriers, which increase their operating costs and place them at a distinct disadvantage in competing with carriers domiciled in other states; and

“Whereas, numerous states of the United States, including our neighbor commonwealths of Tennessee, Missouri, Oklahoma, Texas and Louisiana, have enacted laws effecting the removal of trade barriers that were retarding the growth and usefulness of the motor carrier industry within such States; and

“Whereas, states having reciprocal laws retaliate against motor carriers domiciled in Arkansas because Arkansas is not authorized to make reciprocal agreements, which retaliation results in a pyramiding of the operating expense of Arkansas carriers and discourages the investment of new capital within the State;

“Now, therefore … .”

Acts 1977, No. 313 contained a preamble which read:

“Whereas, Act 495 of 1975 authorized reciprocal agreements with other states for the registration of commercial motor vehicles according to a mutually agreed formula; and

“Whereas, pursuant to this legislation the international registration plan was adopted and became effective on July 1, 1976; and

“Whereas, no authorization currently exists for transferring the registration effected under said plan or authorizing the refund of any unused portion of said registration; and

“Whereas, the General Assembly is desirous of correcting this inequity by authorizing the refund of unused proportional amounts of said registration … .”

Effective Dates. Acts 1945, No. 60, § 4: Effective on passage. Approved Feb. 16, 1945.

Acts 1977, No. 313, § 5: Mar. 1, 1977. Emergency clause provided: “It is hereby determined by the General Assembly that since no provision exists for the refund of moneys paid to this State under the international registration plan and because this lack of authorization for refund creates a hardship upon the citizens of this State who are registrants under this plan, an emergency is declared to exist and this Act shall become effective upon the date of its approval.”

Acts 1979, No. 611, § 4: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that the present method of registering semitrailers is too burdensome on the owners of such, and that this Act is immediately necessary to ease such burden. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect on July 1, 1979.”

Acts 1989 (1st Ex. Sess.), No. 153, § 8: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of this Act are essential to the efficient administration of programs for the regulation of transportation and safety of operation of public carriers, as well as other programs herein. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1989.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-501. Creation.

An ex officio commission, composed of the Secretary of the Department of Finance and Administration, who shall serve as chair, the Chair of the State Highway Commission, and the Director of State Highways and Transportation, is established for the purpose of representing the State of Arkansas in the matter of making reciprocal agreements relating to the operation of motor vehicles.

History. Acts 1945, No. 60, § 1; A.S.A. 1947, § 75-250; Acts 1989 (1st Ex. Sess.), No. 153, § 4; 2019, No. 910, § 4500.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-502. Agreements generally.

  1. The commission is authorized to negotiate and consummate reciprocal agreements with the duly authorized officials or representatives of any states of the United States, whereby residents of other states who operate commercial motor vehicles may allocate and apportion the registration of commercial motor vehicles in accordance with any formula mutually agreed upon between the commission and the representatives or officials of the state if residents of this state are granted the same allocation and apportionment privileges for commercial motor vehicles' registration in the other state.
  2. Nothing in this section shall be construed as relieving any motor vehicle owner or operator from complying with all laws, rules, and regulations pertaining to the safety of operation of motor vehicles, the highway maximum weight standards, and the preservation of the highways of this state.
    1. In the making of any reciprocal agreement, the commission shall exercise due regard for the advantage and convenience of resident motor vehicle owners and the citizens of this state.
    2. No agreement shall be entered into with any state extending privileges and exemptions to motor vehicle operators of the state unless that state accords equal or greater privileges and exemptions to Arkansas motor vehicle operators.

History. Acts 1945, No. 60, §§ 2, 3; 1975, No. 495, § 1; A.S.A. 1947, §§ 75-251, 75-252.

Case Notes

Cited: Gray v. Ragland, 277 Ark. 232, 640 S.W.2d 788 (1982).

27-14-503. [Repealed.]

Publisher's Notes. This section, concerning registration and licensing of semitrailers under reciprocal agreements, was repealed by Acts 1997, No. 809, § 8. The section was derived from Acts 1979, No. 611, §§ 1, 2; A.S.A. 1947, §§ 75-251.1, 75-251.2.

27-14-504. Proportionate refund of registration fees authorized.

  1. The Secretary of the Department of Finance and Administration is authorized to refund a proportionate part of the registration fees paid to this state under the provisions of the International Registration Plan which became effective July 1, 1976, under the following conditions:
    1. The registrant has discontinued operations in the State of Arkansas;
    2. The vehicle registered has been totally destroyed; or
    3. The registrant has changed his or her operations in Arkansas such that registration under the International Registration Plan would no longer be appropriate in this state.
  2. The refund will be in an amount equal to that proportionate amount of the remaining registration year beginning with the month next following that month in which the secretary is notified that the registrant wishes to cancel his or her registration by surrendering all registration documents and license plates.
  3. The secretary is authorized to promulgate such rules as may be necessary to effectuate the terms of this section.

History. Acts 1977, No. 313, §§ 2-4; A.S.A. 1947, §§ 75-252.1 — 75-252.3; Acts 2019, No. 315, § 3086; 2019, No. 910, §§ 4501, 4502.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

27-14-505. Mileage audits and records reexaminations — Appeal.

  1. As used in this section, “member jurisdiction”, “mileage audit”, “record reexamination”, and “registrant” mean the same as defined in the International Registration Plan, as it existed on January 1, 2017.
      1. A registrant who desires a hearing to appeal the findings of a mileage audit or a record reexamination shall notify the Secretary of the Department of Finance and Administration in writing within thirty (30) calendar days from the date the registrant is notified of the findings of the mileage audit or the record reexamination.
      2. A hearing officer appointed by the secretary shall schedule a hearing in any city in which the Department of Finance and Administration maintains a field audit district office or in any other city that the secretary designates, unless the secretary and the registrant agree to another location for the hearing or agree that the hearing shall be heard by telephone.
      3. A hearing conducted under this section is subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
      4. The hearing officer handling the appeal under this section shall render his or her decision in writing to sustain, modify, or reverse the findings of the mileage audit or the record reexamination based upon the evidence presented at the hearing and shall serve a copy of the decision on the registrant.
      1. If the decision of the hearing officer under this section sustains, in whole or in part, the findings of the mileage audit or record reexamination, the registrant may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the registrant's principal place of business.
      2. The registrant shall properly serve the secretary with a copy of any appeal to circuit court challenging the decision of the hearing officer under this section.
    1. A registrant may appeal a decision of the circuit court in accordance with the laws governing appeals.
      1. At the conclusion of the appeals process, the secretary shall notify all affected member jurisdictions of the results of the appeal.
      2. Any further challenge to the findings of a mileage audit or record reexamination shall be made under Section 1400 of the International Registration Plan, as it existed on January 1, 2017.
  2. The secretary may promulgate rules to implement this section.

History. Acts 2017, No. 997, § 2; 2019, No. 910, §§ 4503-4506.

A.C.R.C. Notes. Acts 2017, No. 997, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) Arkansas has entered into a reciprocity agreement known as the International Registration Plan, is a member jurisdiction under the International Registration Plan, and is a base jurisdiction under the International Registration Plan, as those terms are understood or defined under the International Registration Plan;

“(2) Article X of the International Registration Plan authorizes and requires the Director of the Department of Finance and Administration to perform mileage audits and reexaminations of the records of registrants to which Arkansas has issued apportioned registration;

“(3) Upon completion of a mileage audit, the director is required to provide a copy of the completed audit to the registrant and to all International Registration Plan member jurisdictions in which the registrant is apportioned or in which the registrant traveled during the audit period;

“(4) Article X of the International Registration Plan permits member jurisdictions to request a reexamination of a registrant's records within forty-five (45) days of the date a member jurisdiction is notified of the findings of any audit conducted by the director; and

“(5) Article X, Section 1065, of the International Registration Plan requires the director to provide a registrant with a mechanism to appeal the findings of a mileage audit or a record reexamination.

“(b) The General Assembly intends for this act to:

“(1) Ensure the state's compliance with the requirements of the International Registration Plan by establishing a procedure under which an International Registration Plan registrant may appeal the findings of a mileage audit or a record reexamination under the International Registration Plan; and

“(2) Clarify that International Registration Plan registrants may challenge the findings of an International Registration Plan mileage audit or records reexamination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.”

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(1)(A); and substituted “secretary” for “director” throughout (b) and (c).

Subchapter 6 — Registration and License Fees

Effective Dates. Acts 1929, No. 65, § 75: Approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1939, No. 386, § 33: Mar. 17, 1939. Emergency clause provided: “It is hereby ascertained and declared to be a fact that due to the lack of any provision for the registration of motor vehicles in this State, there is a great deal of confusion and some practice of fraud resulting in the used car business; that this act will protect the citizens of this State from fraud and theft of their cars, therefore, an emergency is found to exist and this act, being necessary for the immediate preservation of the public peace, health and safety, shall become effective upon its passage and approval.”

Acts 1949, No. 235, § 12: Mar. 4, 1949. Emergency clause provided: “Whereas the condition of the State Highways in this State has deteriorated to such an extent that, the investment in, and use of, highway surfaces is in danger of being lost by reason of inadequate funds with which to repair same; that such deteriorated condition constitutes a menace and danger to the people of Arkansas, and retards and hinders the economic development of this State; and that, unless additional revenues are provided, or the existing laws strengthened in their enforcement provisions, in the manner set forth in this Act, the transportation facilities of this State will suffer irreparable injury and damage, and endanger the lives and well being of the citizens of this State. An emergency is declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, the same shall take effect and be in force from and after its passage and approval.”

Acts 1951, No. 78, § 2: Feb. 15, 1951. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that many violations of the Special Natural Resources Classification have occurred and are occurring; that such is discriminatory against those purchasing proper license that the State of Arkansas is losing proper license fees; and that enactment of this bill would provide for the elimination of such practices. Therefore, an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1953, No. 113, § 2: Feb. 20, 1953. Emergency clause provided: “Due to the increased volume and cost of handling reserved license tags, necessitating additional employees and facilities in the Department of Revenues to render this special service, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1963, No. 142, § 2: July 1, 1963.

Acts 1965, No. 493, § 10: Mar. 20, 1965. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (a) that traffic accidents resulting in injuries and deaths of persons and damages to property are increasing at an alarming rate; (b) that present revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (c) that only the provisions of this act will tend to provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force on and after its passage and approval.”

Acts 1965 (1st Ex. Sess.), No. 42, § 4: June 10, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide sufficient revenues to provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance an adequate highway and street maintenance and construction program; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets are not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 21, § 2: Jan. 30, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing fees charged for the licensing of vehicles for hire are excessive and in many instances communities of this State are facing the loss of essential public transportation services unless immediate relief is provided. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 82, § 3: Feb. 13, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the cost of the dealers' motor vehicle license plates is unusually high in comparison to the fee charged for obtaining regular license plates; that the privilege that attaches to such dealers' motor vehicle license plates are restricted and meager; that the revenues derived from such license plates are substantial; and that it is necessary in order to insure car dealers more freedom in the usage of such plates, that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1971, No. 181, § 4: Feb. 26, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is no provision for the licensing of semi-trailers having a gross loaded weight ranging between 1,001 to 6,000 pounds; that as a result camping trailer owners are paying a minimum licensing fee of thirty dollars ($30.00) per year; and that only by the passage of this Act can this situation be remedied. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1971, No. 348, § 4: Mar. 22, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is no provision for the licensing of semi-trailers having a gross loaded weight ranging between 1,001 and 6,000 pounds; that as a result camping trailer owners are paying a minimum licensing fee of thirty dollars ($30.00) per year; and that only by the passage of this Act can this situation be remedied. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1971, No. 469, § 4: Apr. 1, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the costs of dealer's extra license plates is unusually high and that it is necessary for all motor vehicle dealers to have a reasonable supply of these plates on hand to comply with the provisions of the Permanent Auto Licensing Law, Act 465 of 1967, that the revenue derived from such license plates is substantial and that it is necessary in order to insure car dealers more freedom in the usage of such plates, that this change in fees become effective immediately. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 1979, No. 671, § 28: Mar. 30, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present system of registration and licensing of small and medium size trailers is cumbersome, expensive, and time consuming; that each year thousands of dollars of tax moneys are expended unnecessarily by the State of Arkansas for the salaries of the additional employees to process and issue licenses for trailers; and that a less expensive and more simplified system would substantially reduce the administrative costs of such system and that in order to institute an inexpensive time saving and centralized system of trailer registration and licensing and to make available to this State additional revenues without a general tax increase, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 63, §§ 3, 6: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that a more equitable distribution of the burden of registration fees should be made among those motor vehicles registered by the citizens and operated on the streets and highways of the State; that to this end those fees should be changed to more equitably distribute this burden; that the motor vehicle traffic on the public highways and streets of this State make it immediately necessary that funds be provided in order to finance adequate highway, road and street maintenance and construction programs; and that only by the immediate passage of this Act may such burden be equitably distributed and the funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and in effect on and after July 1, 1981.”

Acts 1981, No. 692, §§ 3, 6: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that a more equitable distribution of the burden of registration fees should be made among those motor vehicles registered by the citizens and operated on the streets and highways of the State; that to this end those fees should be changed to more equitably distribute this burden; that the motor vehicle traffic to the public highways and streets of this State make it immediately necessary that funds be provided in order to finance adequate highway, road and street maintenance and construction programs; and that only by the immediate passage of this Act may such burden be equitably distributed and the funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect on and after July 1, 1981.”

Acts 1981, No. 797, §§ 2, 5: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that some vehicles are only operated on the streets and highways of the State for a limited period of time each year as a result of seasonal agricultural and commercial needs; some flexibility is needed so that these vehicles may be licensed to so operate; and that only by the immediate passage of this Act may such flexibility be achieved. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and in effect on and after July 1, 1981.”

Acts 1985, No. 415, § 5: Mar. 19, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that considerable confusion and disagreement have arisen concerning eligibility of vehicles licensed as five axle natural resources vehicles for the eight percent (8%) variance authorized in subsection (g) of Section 5 of Act 98 of 1955, as amended; that it is the purpose and intent of this Act to clarify said subsection (g) in order to assure that such vehicles are eligible for the eight percent (8%) variance; and that some agencies of state government are interpreting Ark. Stat. Ann. 75-201(C)(8) differently than it was intended to be interpreted by the General Assembly and that it is necessary for the General Assembly to reaffirm its long standing policy of allowing natural resource licensees to haul natural resource products at the maximum gross loaded weights permitted to be hauled by any other type of licensee. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 103, § 4: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the State is in serious danger of losing revenues which are necessary to provide adequate funding for essential service required by the citizens of this State and that the provisions of this act are necessary to avoid a substantial reduction in State revenues. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 219, § 10: Feb. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that many of the highways, roads and streets in this state are operationally inadequate and immediate steps must be taken to provide additional funds for the maintenance, construction and reconstruction of such highways, roads and streets; that proper maintenance, construction and reconstruction of such highways, roads and streets is essential to the public health, welfare and safety of the people of this state and that only by the immediate passage of this act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after the first day of the first month immediately following its passage and approval.”

Identical Acts 1992 (1st Ex. Sess.), Nos. 68 and 69, § 10: Mar. 20, 1992. Emergency clauses provided: “It is hereby found and determined by the General Assembly that a number of farmers in this state have recently purchased vehicles for the purposes of transporting compressed seed cotton from the farm to the market; that unfortunately many such vehicles exceed the current width and length laws of this state and when loaded with such compressed seed cotton at times exceed the current maximum weight laws; that unless the width, length and weight laws of this state are amended, such farmers will suffer a severe economic hardship; that the application for and securance of a special permit from the Arkansas State Highway Commission would result in an unduly cumbersome and burdensome process not only for the farmer but also for the state and that only by the immediate effectiveness of this Act may these problems be solved. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1261, § 4: Jan. 1, 1994.

Acts 1995, No. 389, § 6: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that all trucks with a nominal tonnage of one ton are currently required to be registered between July 1 and July 30 of each year; that this current registration places an undue burden on owners of trucks with a nominal tonnage of 1 ton by limiting the time these vehicles can be registered; and that this act relieves this burden by allowing these trucks to be registered throughout the year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1995.”

Acts 1995, No. 725, § 18: Mar. 21, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that since 1977 tax collection, driver's services, motor vehicle registration and other duties imposed by law upon the Revenue Division have substantially increased; that the building housing the Revenue Division of the Department of Finance and Administration is no longer adequate to allow the Revenue Division to properly and efficiently to carry out its functions and duties; that services provided to taxpayers may be improved and expanded with the construction and use of an additional building; and, that this act is designed to alleviate the stated problems. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 1999, No. 385, § 6: June 1, 2000.

Acts 2001, No. 330, § 10: Jan. 1, 2002.

Acts 2005, No. 1929, § 6: Jan. 1, 2006.

Acts 2011, No. 718, § 4: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Department of Arkansas State Police is experiencing severe revenue shortages in the State Police Retirement System and that this act is necessary to ensure that the State Police Retirement System continues to operate in a fiscally sound manner. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2013, No. 437, § 2: Jan. 1, 2014.

Acts 2013, No. 1176, § 5: Oct. 1, 2013.

Acts 2017, No. 331, § 2: Nov. 13, 2017.

Acts 2017, No. 532, § 10: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the present system for registering commercial motor vehicles is inconvenient, expensive, unduly time-consuming, and lacks the software capabilities offered by comparable systems in other states to facilitate the registration process electronically. In order to make the Arkansas Motor Carrier System operational on or before January 1, 2018 as required by this act, the Department of Finance and Administration must be authorized to immediately commence planning, programming, and promulgating the necessary rules, regulations, and procedures pertaining to the necessary system enhancements, These enhancements are estimated to take more than six (6) months to complete. Moreover, due to the lack of clarity in current law, commercial motor carriers currently face potential unwarranted liability for acts or omissions involving license plates and registrations. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 416, § 8: Oct. 1, 2019. Effective date clause provided: “Sections 4-7 of this act are effective on the first day of the calendar quarter following the effective date of this act”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

County Motor Vehicle Tax, 5 Ark. L. Rev. 370.

Assessment and Licensing of Motor Vehicles, 7 Ark. L. Rev. 349.

27-14-601. Fees for registration and licensing of motor vehicles — Definitions.

  1. Fees Generally. The fee for the registration and licensing of all motor vehicles shall be as follows:
    1. Pleasure Vehicles. For all automobiles equipped with pneumatic tires, used for the transportation of persons, there shall be charged and collected the following fees based upon the unladen weight of the automobiles:
      1. Class One — Automobiles of 3,000 lbs. or less $17.00;
      2. Class Two — Automobiles of 3,001 lbs. to and including 4,500 lbs. $25.00; and
      3. Class Three — Automobiles of 4,501 lbs. and over $30.00;
    2. Automobiles for Hire. For all automobiles for hire which are equipped with pneumatic tires and used for the transportation of persons, there shall be charged and collected the fee applicable thereto as set for pleasure vehicles in subdivision (a)(1) of this section;
    3. Trucks and Trailers. For all motor trucks, trailers, and semi-trailers including pipe and pole dollies, equipped with pneumatic tires, the license fee shall be charged on the basis of the gross loaded weight of the vehicle as follows:
      1. Class One — All trucks and vans that are rated by the manufacturer as having a nominal tonnage of one (1) ton that are used exclusively for personal transportation and are not used for commercial or business purposes and all trucks and vans that are rated by the manufacturer as having a nominal tonnage of three-quarter (¾) ton or less shall be assessed a license fee of twenty-one dollars ($21.00) without regard to weight. All one-ton trucks and vans that are used for commercial or business purposes shall be registered in the appropriate class according to gross laden weight;
      2. Class Two — On all vehicles with a gross loaded weight between six thousand one pounds (6,001 lbs.) and twenty thousand pounds (20,000 lbs.), the fee to be charged shall be at the rate of six dollars and fifty cents ($6.50) per thousand pounds of gross loaded weight of the vehicles;
      3. Class Three — On all vehicles with a gross loaded weight between twenty thousand one pounds (20,001 lbs.) and forty thousand pounds (40,000 lbs.), the fee to be charged shall be at the rate of eight dollars and forty-five cents ($8.45) per thousand pounds of the gross loaded weight of the vehicles;
      4. Class Four — On all vehicles with a gross weight between forty thousand one pounds (40,001 lbs.) and fifty-six thousand pounds (56,000 lbs.), the fee to be charged shall be at the rate of eleven dollars and five cents ($11.05) per thousand pounds of gross loaded weight of the vehicles;
      5. Class Five — On all vehicles with a gross loaded weight between fifty-six thousand one pounds (56,001 lbs.) and sixty thousand pounds (60,000 lbs.), the fee to be charged shall be at the rate of twelve dollars and thirty-five cents ($12.35) per thousand pounds of gross loaded weight of the vehicles;
      6. Class Six — On all vehicles with a gross loaded weight between sixty thousand one pounds (60,001 lbs.) and sixty-eight thousand pounds (68,000 lbs.), the fee to be charged shall be at the rate of thirteen dollars and sixty-five cents ($13.65) per thousand pounds of gross loaded weight of the vehicles;
        1. Class Seven — On all vehicles with a gross loaded weight between sixty-eight thousand one pounds (68,001 lbs.) and seventy-three thousand two hundred eighty pounds (73,280 lbs.), the fee to be charged shall be at the rate of fourteen dollars and thirty cents ($14.30) per thousand pounds of gross loaded weight of the vehicles.
          1. On all vehicles with a gross loaded weight between seventy-three thousand two hundred eighty-one pounds (73,281 lbs.) and eighty thousand pounds (80,000 lbs.), the fee to be charged shall be one thousand three hundred fifty dollars ($1,350).
          2. In addition to the fee set forth in subdivision (a)(3)(G)(ii)(a) of this section and on all vehicles registered with the International Registration Plan to be engaged in interstate commerce with a gross loaded weight between seventy-three thousand two hundred eighty-one pounds (73,281 lbs.) and eighty thousand pounds (80,000 lbs.), an additional fee to be fifteen percent (15%) of the amount charged in subdivision (a)(3)(G)(ii)(a) of this section;
      7. Class Eight.
        1. In order to aid in the development of the natural resources and to promote agriculture, timber harvesting, and forestry in Arkansas and in order to eliminate apparent inequities in license charges for vehicles using only improved roads and those used primarily on the farm, for timber harvesting or forestry, in the wooded areas, and off the main highway system of this state, a special classification is created to provide a different and more equitable rate for those vehicles used exclusively for the noncommercial hauling of farm or timber products produced in this state and for the hauling of feed, seed, fertilizer, poultry litter, and other products commonly produced or used in agricultural operations or the hauling of animal feed by owners of livestock or poultry for consumption in this state by livestock or poultry owned by them and for those vehicles used in the hauling of unfinished and unprocessed forest products and clay minerals and ores originating in Arkansas from the point of severance to a point in the state at which they first undergo any processing, preparation for processing, conversion, or transformation from their natural or severed state. Notwithstanding any provision of this subdivision (a)(3)(H) to the contrary, farmers may transport cotton seed from the gin or warehouse to the first point of sale under this special classification. Rock or stone or crushed rock or crushed stone, except rock or stone which is to undergo further processing into a finished or semifinished product other than crushed rock or crushed stone, shall not be construed as clay minerals or ores under the provisions of this classification. Notwithstanding any provision of this subdivision (a)(3)(H) or any other law to the contrary, persons in the timber harvesting or forestry industries who transport wood waste, wood chips, or wood dust from a mill or a temporary location may transport the wood waste, wood chips, or wood dust from the mill or the temporary location to a destination for further processing under this special classification.
        2. The annual license fees for vehicles classified as either farm or natural resources vehicles shall be as follows:
          1. For a vehicle with two (2) axles, including mini-trucks, a fee of three dollars and ninety cents ($3.90) per one thousand pounds (1,000 lbs.) of gross loaded weight of the vehicle, with a minimum fee of thirty-two dollars and fifty cents ($32.50) and a maximum fee of sixty-five dollars ($65.00) for each vehicle;
          2. For a vehicle with three (3) axles, a fee of ninety-seven dollars and fifty cents ($97.50);
          3. For a vehicle with four (4) axles, a fee of one hundred thirty dollars ($130);
          4. For a vehicle with five (5) axles, a fee of one hundred sixty-two dollars and fifty cents ($162.50);
          5. For a vehicle with five (5) axles used exclusively by the owner of livestock or poultry in hauling animal feed for consumption in this state by the owner's livestock or poultry, a fee of six hundred fifty dollars ($650); and
          6. Notwithstanding any of the provisions of this subdivision (a)(3)(H) to the contrary, for a vehicle to be operated separately or in combination with other vehicles, which vehicle or combination has a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") and is utilized or intended to be utilized to transport compacted seed cotton, the annual license fee shall be six hundred fifty dollars ($650). Provided, any full trailer or semitrailer used in combination with the registered vehicle shall also be registered in accordance with and pursuant to the applicable fees set out in subdivision (a)(3)(I) of this section. That portion of the annual license fee established by this subdivision (a)(3)(H)(ii)(f) which equals four hundred eighty-seven dollars and fifty cents ($487.50) is declared to be a permit fee for the use of the public roads and streets of this state by the vehicles while operated separately or in combination with other vehicles due to the unusual design and size of the vehicles or combinations of vehicles.
          1. The foregoing vehicles shall not exceed the maximum axle load permitted by law.
          2. Five-axle vehicles may haul maximum gross loaded weights of up to eighty thousand pounds (80,000 lbs.) without the purchase of any additional or different type license.
        3. The Secretary of the Department of Finance and Administration shall cause to be issued special and distinctive license plates for vehicles in this classification, with separate farm license plates to be established for those vehicles used in the noncommercial hauling of farm products produced in this state, and for the hauling of feed, seed, fertilizer, poultry litter, and other products commonly produced or used in agricultural operations or compacted seed cotton and separate natural resources license plates to be established for those vehicles hauling timber products, clay minerals, or ores.
          1. Before any license may be issued for a vehicle designated as either a farm vehicle or a natural resources vehicle, the applicant shall, by affidavit, state that he or she is familiar with the purposes for which the licenses may be used as authorized under this classification and that he or she will not use the vehicle for which application for license is made for any purpose not authorized under this classification. The applicant shall indicate on his or her affidavit whether the vehicle is to be used for the hauling of farm products, animal feed, compacted seed, or cotton or for the hauling of forest products, clay minerals, or ores.
          2. If the applicant is the owner of a mini-truck, then the affidavit shall state that the vehicle is being used exclusively for farm purposes and that the mini-truck meets the other requirements of § 27-14-726.
          1. Upon submitting an affidavit, any person entitled to obtain a farm license for a motor vehicle used for hauling farm products as authorized under this classification, if the vehicle is required for only seasonal or occasional use, may be issued a farm license for the vehicle for the first six (6) months of the annual licensing period at a rate equal to one-half (½) of the annual fee but in no event less than sixty-five dollars ($65.00) or for the last month of the current annual licensing period and the first six (6) months of the subsequent annual licensing period at a rate equal to seven-twelfths (7/12) of the annual fee but in no event less than seventy-five dollars ($75.00).
          2. The secretary shall issue special distinctive license plates or license plate validation decals for the vehicles, including the indication thereon of the expiration date, so as to identify them from annual plates.
        4. The owner of any motor vehicle who is entitled to obtain a farm license for the motor vehicle for use in hauling farm products as authorized in this subdivision (a)(3)(H) may use the motor vehicle for the hauling of baled cotton from the cotton gin to a cotton compress without the necessity of the payment of additional license fees or the obtaining of additional license plates for the motor vehicle.
        5. The secretary shall promulgate such rules as may be necessary to carry out the intent of this classification and prevent abuse thereof. However, before any such rules shall be effective, they shall be approved by majority action of the members of the State Highway Commission acting for and in behalf of the Arkansas Highway Police Division of the Arkansas Department of Transportation, which is the agency charged with the principal responsibility of enforcing the motor vehicle license laws of this state.
        6. Vehicles licensed under this classification for the hauling of farm products only shall be permitted, without payment of additional fees, to transport return loads to the farm or domicile of the owner of the vehicles where the return load contents are the property of, and to be used or consumed by, the owner of the vehicle or his or her family.
        7. If a violation of the natural resources classification as authorized in this subdivision (a)(3)(H) is discovered, a license must immediately be purchased for the vehicle in accordance with the rate of license that should lawfully be required for the vehicle for so moving on the roads and highways of this state. No credit shall be given on the purchase price of the license for any amount or amounts paid for license hitherto purchased for use on the vehicle. This requirement of license purchase shall not be in lieu of any criminal prosecution.
        8. All affidavits required under the provisions of this subdivision (a)(3)(H) shall be acknowledged by the secretary, his or her authorized agent, or some other person authorized by the laws of this state to administer oaths.
        9. The owner of a mini-truck under § 27-14-726 may license and register the mini-truck as a Class Eight farm vehicle if the vehicle is used for farm purposes;
      8. Class Nine.
          1. For the purpose of evidencing registration of trailers, semitrailers, and full trailers, there shall be issued special license plates and annual registration fees charged and collected according to the following schedule:
            1. All trailers drawn by automobiles and Class One trucks, and all boat trailers and travel trailers drawn by any truck, which truck has a load capacity of one (1) ton or less, a triennial fee of twenty-one dollars ($21.00). Provided, however, every owner of a trailer drawn by automobiles and Class One trucks, and all boat trailers and travel trailers drawn by any truck, purchased or otherwise acquired on or after January 1, 2002, shall pay thirty-six dollars ($36.00) for the issuance of a permanent registration that shall remain valid, without renewal, until the owner of the trailer sells or otherwise disposes of the trailer for which the registration is issued. Permanent registration issued under this subdivision (a)(3)(I)(i)(a)(1) shall not be transferred to other owners or other vehicles, and shall not be replaced under § 27-14-602(b)(6). Any owner of a trailer registered under the provisions of this subdivision (a)(3)(I)(i)(a)(1) before January 1, 2002, may, at his or her option, upon expiration of the registration, pay thirty-six dollars ($36.00) for the issuance of a permanent registration as authorized in this subdivision (a)(3)(I)(i)(a)(1) ;
            2. All semitrailers used in combination with Class Two — Class Eight trucks, with the exception of those for which a fee is set out in subdivision (a)(3)(I)(i)(a)(1) of this section, a fee of twenty dollars ($20.00). Provided, however, the owner of any semitrailer used in combination with Class Two — Class Eight trucks may, at his or her option, pay a fee of sixty-five dollars ($65.00) for issuance of a permanent registration that shall remain valid, without annual renewal, until he or she sells or otherwise disposes of the semitrailer for which the registration is issued. Permanent registrations issued under this subdivision (a)(3)(I)(i)(a)(2) shall not be transferred to other owners or other vehicles and shall not be replaced under § 27-14-602(b)(6);
            3. Full trailers operated in the transportation of farm products and other natural resources described as Class Eight, a fee of eight dollars ($8.00); and
            4. For all other full trailers there shall be charged an annual license fee computed on the gross loaded weight of the vehicle at the appropriate rate provided by Class Two — Class Seven of this subdivision (a)(3).
          2. For the purpose of evidencing registration of a combination of truck-trailer and semitrailer classified by subdivision (a)(3)(I)(i)(a)(2) , the license fee for the gross weight of the combination shall be computed at the appropriate rate provided by Class Two — Class Eight of this subdivision (a)(3) and shall be applied to the registration of the truck tractor.
          1. “Gross loaded weight” as used in this section means the weight of the vehicle or vehicles plus the load to be hauled.
            1. If any truck, trailer, or semitrailer, as provided in this section, is at any time found to be operating on the highways of Arkansas with a gross loaded weight in excess of the weight permitted by the license registration thereon, the owner or his or her agent must then and there, before proceeding, pay an additional license fee on the truck, trailer, or semitrailer, or combination, on the basis of one dollar and thirty cents ($1.30) per one hundred pounds (100 lbs.), or fraction thereof, for the excess weight. For the purpose of ascertaining excess loaded weight on any truck, trailer, semitrailer, or combination thereof, a tolerance of one thousand pounds (1,000 lbs.) over and above the permitted weight, as indicated by the license registration certificate thereof, shall be allowed before the additional license fee required in this subdivision (a)(3)(I)(ii)(b)(1) shall be charged.
            2. It shall be unlawful for any truck to operate on the highways of Arkansas without the license registration card being, at all times, in the possession of the operator thereof. This card shall, at all times, be subject to inspection.
            3. Any truck, trailer, or semitrailer, or combination thereof, on which an additional license fee is paid because of excess weight, as provided in this subdivision (a)(3)(I)(ii)(b) , shall be permitted for the remaining portion of the regular license year to operate at the newly established weight limit.
            4. In no event shall any license be issued for a greater weight than that permitted by law governing axle loads; and
              1. For the registration of motorcycles, there shall be charged and collected a fee of six dollars and fifty cents ($6.50) per annum.
              2. For the registration of motor-driven cycles, there shall be charged and collected a fee of three dollars and twenty-five cents ($3.25) per annum.
              3. For the registration of motorcycle sidecars, there shall be charged and collected an additional registration fee of one dollar and ninety-five cents ($1.95) per annum;
        1. The secretary shall cause to be issued special and distinctive license plates for vehicles licensed under Class Two — Class Seven in this section, which are utilized as wreckers or tow vehicles and that hold a permit issued by the Arkansas Towing and Recovery Board under § 27-50-1203 and the rules promulgated thereunder.
        2. Before any license may be issued for a vehicle designated as a wrecker or tow vehicle, the applicant shall furnish to the secretary a certification from the board that the wrecker or tow vehicle has been permitted as a wrecker or tow vehicle by the board.
        3. Beginning January 1, 2008, every wrecker or tow vehicle permitted by the board shall obtain upon initial registration or at the time of next renewal a distinctive wrecker or tow vehicle license plate.
        4. In addition to the fee for the respective Class Two — Class Seven license, the secretary may assess a handling and administrative fee in the amount of ten dollars ($10.00) for each distinctive wrecker or tow vehicle license plate.
        5. A wrecker or tow vehicle licensed pursuant to the International Registration Plan may obtain the distinctive wrecker or tow vehicle license plate to be displayed in addition to any license plate held pursuant to the International Registration Plan;
    4. Motorcycles.
    5. Hearses and Ambulances. For the registration of hearses and other funeral cars or ambulances, there shall be charged and collected a fee of forty-five dollars and fifty cents ($45.50) per annum; and
    6. Dealers.
      1. A “dealer”, for the purposes of this subdivision (a)(6), means a person, firm, or corporation engaged in the business of buying and selling vehicles subject to registration in this state.
        1. As a condition precedent to obtaining dealer's license plates, the dealer shall furnish the secretary a certification that the applicant is a vehicle dealer and has a bona fide, established place of business used for the sale of vehicles, an office used for that business, a telephone listed in the name of the business, and a sign identifying the establishment. Certification shall be required for all renewals of dealer license plates. This dealer certification shall not apply to dealers licensed by the Division of Arkansas State Police, the Arkansas Motor Vehicle Commission, or the Arkansas Manufactured Home Commission and who are regulated by those authorities. The dealer certification shall consist of completion of a self-certification form prepared by the Office of Motor Vehicle.
          1. Except as provided in subdivision (a)(6)(B)(iv) of this section for dealers who sell only all-terrain vehicles, upon furnishing the certification to the secretary, or a copy of the dealer's license from either the Division of Arkansas State Police or the Arkansas Motor Vehicle Commission and the payment of a fee of one hundred dollars ($100), the dealer shall be issued a master license plate and upon the payment of a fee of twenty-five dollars ($25.00) shall be issued a dealer's extra license plate as provided in § 27-14-1704. However, the dealer must secure a master license plate for each separate place of business.
          2. No more than one (1) dealer's extra license plate shall be issued for each manager, sales manager, or salesperson of the dealer as authorized under § 27-14-1704, regardless of whether the dealer sells automobiles, motorcycles, or both automobiles and motorcycles.
          3. Notwithstanding any other provision of this chapter, the Office of Motor Vehicle shall provide distinctive dealer's master and extra license plates for motorcycles. Motorcycle dealers shall not be provided and shall not be authorized to use dealer's license plates designed for any motor vehicle other than a motorcycle unless the dealer provides proof to the satisfaction of the Office of Motor Vehicle that the dealer is also in the business of selling new or used motor vehicles of the type for which the dealer plate is sought.
          1. Upon furnishing certification to the secretary or a copy of the dealer's license from the Arkansas Manufactured Home Commission and upon the payment of fifty dollars ($50.00), the manufactured home dealer shall be issued certification from the secretary for the purpose of assigning manufactured home titles.
          2. Each location shall be treated as a separate entity, and certification by the department shall be required for each location.
          3. Notwithstanding any other provision of this chapter, the Office of Motor Vehicle shall provide distinctive dealer's license plates for manufactured homes. Manufactured home dealers shall not be provided and shall not be authorized to use dealer's license plates designed for a motor vehicle, motorcycle, or anything other than a manufactured home.
          1. Upon furnishing certification to the secretary or a copy of the dealer's license from the Arkansas Motor Vehicle Commission and upon the payment of one hundred dollars ($100), dealers engaged exclusively in the business of buying and selling all-terrain vehicles, as defined in § 27-21-102, shall be issued certification from the secretary for the purpose of assigning all-terrain vehicle titles.
          2. Each dealer location shall be treated as a separate entity, and certification by the secretary shall be required for each location.
          3. Notwithstanding any other provision of this chapter, all-terrain vehicle dealers that are engaged solely in the business of buying and selling all-terrain vehicles shall not be provided and shall not be authorized to use dealer's license plates designed for any motor vehicle required to be registered for operation on public streets and highways.
      2. When a dealer's master license plate or extra license plate is attached to any dealer-owned motor vehicle, the motor vehicle may be used by the dealer, a manager, a sales manager, or a salesperson employed by the dealership to drive to or from work and for personal or business trips inside or outside the dealer's county of residence.
      3. In addition to any other penalty prescribed by this chapter, any dealer, manager, sales manager, or salesperson of the dealer who pleads guilty or nolo contendere to or who is found guilty of the misuse of a dealer's master license plate or dealer's extra license plate or of allowing anyone else to misuse a dealer's master license plate or dealer's extra license plate shall be fined not more than two hundred fifty dollars ($250) for the first offense, not more than five hundred dollars ($500) for the second offense, and not more than one thousand dollars ($1,000) for the third and subsequent offenses.
  2. Period Covered and Expiration of Registration.
    1. On all motor vehicles, except trucks other than Class One trucks as defined in § 27-14-1002, truck-tractors, trailers, and semitrailers, and combinations thereof, the duration and expiration of registration shall be in accord with the provisions of § 27-14-1011, and all fees provided in this section for those motor vehicles shall be due and payable annually as provided therein.
      1. On all trucks except Class One trucks as defined in § 27-14-1002, truck-tractors, trailers, and semitrailers, and combinations thereof, except trailers drawn by automobiles and Class One trucks, the registration shall be valid for twelve (12) months from the month of issuance of registration, and all fees provided in this section for those vehicles shall be due and payable annually during the twelfth month of the registration period.
      2. No person shall have the authority to extend the time for payment of the fees past the period specified in this subdivision (b)(2).
      3. The provisions of this subdivision (b)(2) shall not apply to trailers drawn by automobiles or by Class One trucks.
        1. The secretary shall, upon request, assign the same registration period to any owner of two (2) or more trucks, truck-tractors, trailers, and semitrailers, and combinations thereof, except Class One trucks as defined in § 27-14-1002.
        2. The secretary shall, upon request, assign a different month of registration other than the vehicle's current month of registration to any owner of a truck, truck-tractor, trailer, and semitrailer, and combinations thereof, except Class One trucks as defined in § 27-14-1002, and all fees shall be prorated accordingly on a monthly basis.
  3. Nature of Fees. Each of the fees authorized in this section is declared to be a tax for the privilege of using and operating a vehicle on the public roads and highways of the State of Arkansas.
    1. All taxes, fees, penalties, interest, and other amounts collected under the provisions of this section, except those set forth in subdivision (d)(3) of this section, shall be classified as special revenues and shall be deposited into the State Treasury. After deducting the amount to be credited to the Constitutional Officers Fund and the State Central Services Fund as provided under the Revenue Stabilization Law, § 19-5-101 et seq., the Treasurer of State shall transfer on the last business day of each month:
      1. Fifteen percent (15%) of the amount thereof to the County Aid Fund;
      2. Fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and
      3. Seventy percent (70%) of the amount thereof to the State Highway and Transportation Department Fund.
    2. The funds shall be further disbursed in the same manner and used for the same purposes as set out in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.
      1. The following shall be excepted from the requirements of subdivision (d)(1) of this section:
        1. Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under subdivision (a)(3)(G)(ii) of this section for the fiscal year ending June 30, 2014;
        2. Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under subdivision (a)(3)(G)(ii) of this section; and
        3. That portion of the fee declared to be a permit fee and collected under subdivision (a)(3)(H)(ii)(f) of this section.
        1. Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under subdivision (a)(3)(G)(ii) of this section for the fiscal year ending June 30, 2014, shall be classified as special revenues and shall be deposited into the State Treasury.
        2. Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under subdivision (a)(3)(G)(ii) of this section shall be classified as special revenues and shall be deposited into the State Treasury.
        3. The Treasurer of State shall transfer on the last business day of each month all money paid under this subdivision (d)(3)(B) to the Commercial Truck Safety and Education Fund to be used to improve the safety of the commercial trucking industry through cooperative public and private programs that focus on increased enforcement, regulatory compliance, industry training, and educational programs to ensure the safe movement of goods on state highways.
    3. That portion of the annual license fee collected pursuant to subdivision (a)(3)(H)(ii)(f) of this section declared to be a permit fee shall be classified as special revenues and shall be deposited into the State Treasury. The Treasurer of State shall transfer on the last business day of each month all of the portions of the annual license fees to the State Highway and Transportation Department Fund to be utilized for the construction, reconstruction, and maintenance of highways and bridges in the state highway system.
  4. Penalty.
    1. Any person owning a vehicle on which a fee is required to be paid under the terms of this section who shall operate it or permit it to be operated on a public road in this state without having paid the fee required by this section shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not less than double the fee provided for and not more than three thousand dollars ($3,000).
    2. If the arresting officer is:
      1. An officer of the Division of Arkansas State Police, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund, to be used for the purchase and maintenance of state police vehicles;
      2. An officer of the Arkansas Highway Police Division of the Arkansas Department of Transportation, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the State Highway and Transportation Department Fund, to be used for the purchase and maintenance of highway police vehicles;
      3. A county law enforcement officer, the fine collected shall be deposited into the county fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, lifesaving medical apparatus, and law enforcement apparatus, to be used for those purposes; and
      4. A municipal law enforcement officer, the fine collected shall be deposited into that municipality's fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, lifesaving medical apparatus, and law enforcement apparatus, to be used for those purposes.

History. Acts 1929, No. 65, § 24; 1931, No. 237, § 1; 1933, No. 6, § 1; 1933, No. 36, §§ 1, 2; 1933, No. 44, § 1; 1933, No. 51, § 1; 1934 (2nd Ex. Sess.), No. 11, §§ 31-33; Pope's Dig., §§ 6615, 11270-11272; Acts 1941, No. 377, § 1; 1943, No. 205, § 1; 1949, No. 235, §§ 1, 8; 1951, No. 59, § 1; 1951, No. 78, § 1; 1953, No. 377, § 1; 1959, No. 462, § 2; 1963, No. 142, § 1; 1965, No. 493, § 8; 1965 (1st Ex. Sess.), No. 42, § 1; 1967, No. 21, § 1; 1967, No. 82, § 1; 1967, No. 452, § 1; 1971, No. 181, § 1; 1971, No. 348, § 1; 1971, No. 469, § 1; 1975, No. 194, § 1; 1975 (Extended Sess., 1976), No. 1235, §§ 1, 2; 1979, No. 440, §§ 1, 5; 1979, No. 671, §§ 23, 24; 1981, No. 63, §§ 1, 2; 1981, No. 692, §§ 1, 2; 1981, No. 797, § 1; 1983, No. 890, § 1; 1985, No. 415, § 2; 1985, No. 893, § 1; 1985, No. 1006, § 1; A.S.A. 1947, §§ 75-201, 75-201.7; Acts 1987, No. 145, § 1; 1987, No. 537, § 1; 1987, No. 945, § 5; 1989, No. 103, § 1; 1991, No. 96, §§ 1, 2; 1991, No. 219, §§ 1, 2, 6; 1992 (1st Ex. Sess.), No. 68, §§ 1, 2; 1992 (1st Ex. Sess.), No. 69, §§ 1, 2; 1993, No. 490, §§ 14, 15; 1993, No. 905, § 1; 1995, No. 357, § 5; 1995, No. 389, §§ 1, 2; 1997, No. 297, § 1; 1997, No. 809, § 1; 1997, No. 1047, § 1; 1999, No. 385, § 1; 1999, No. 1443, § 1; 2001, No. 330, § 1; 2001, No. 923, §§ 1, 2; 2001, No. 1431, § 1; 2003, No. 343, § 1; 2003, No. 361, § 1; 2003, No. 463, §§ 1, 2; 2003, No. 833, §§ 1, 2; 2005, No. 1929, § 1; 2005, No. 1934, § 17; 2005, No. 1950, § 1; 2007, No. 347, §§ 1, 2; 2007, No. 1412, § 5; 2009, No. 146, § 1; 2013, No. 1176, §§ 3, 4; 2017, No. 707, §§ 322, 323; 2019, No. 315, §§ 3087, 3088; 2019, No. 910, §§ 4507-4516.

A.C.R.C. Notes. Acts 1991, No. 219, § 9, in part, provided: “Provided, nothing in this act shall be construed to amend, abrogate, modify, or repeal any of the provisions of the ‘Petroleum Storage Tank Trust Fund Act’, Arkansas Code § 8-7-901 et seq., and the fees levied by that act on each gallon of motor fuel or distillate special fuels shall continue to be collected as provided by those Code sections in addition to all taxes and fees imposed by other sections of the Code on such fuel or fuels as well as those additional taxes and fees imposed by this act.”

Identical Acts 1992 (1st Ex. Sess.), Nos. 68 and 69, § 9 provided: “All laws and parts of laws in conflict with this Act are hereby repealed, however, it is declared to be the intent of the General Assembly in amending subsection (d) of Arkansas Code § 27-41-601 by this Act to not only dedicate a portion of the fees to the State Highway and Transportation Department Fund collected for the separate registration of certain vehicles utilized or intended to be utilized to transport compacted seed cotton, under certain restrictions set out in this Act, but also to clarify the intent of the General Assembly that all other taxes, fees, penalties, interest and other amounts collected under Arkansas Code § 27-14-601 be distributed in the same manner and utilized for the same purposes as set out in the Arkansas Highway Revenue Distribution Law, Arkansas Code § 27-70-201, et seq., including an initial distribution of such taxes, fees, penalties, interest and other amounts to the County Aid Fund, the Municipal Aid Fund, and the State Highway and Transportation Department Fund. It is further declared by the General Assembly that the amendment contained in this Act to subsection (d) of Arkansas Code § 27-14-601 is in no way intended to repeal, amend, or abrogate the provisions of Arkansas Code § 26-56-222.”

Acts 2013, No. 1176, § 1, provided: “Legislative findings and intent.

“The General Assembly finds that:

“(1) There are no programs jointly involving the trucking industry and the Arkansas State Highway and Transportation Department to ensure improved commercial truck safety on state highways. Furthermore, no studies exist on ways to improve the efficiencies of freight movement that could improve highway safety;

“(2) Dedicating funding for these purposes could enable the industry and state government to create such programs. Additionally, the industry and the department could benefit from research specific to freight movement, regulatory compliance, education, and training; and

“(3) The purpose of this act is to advance state interests in roadway safety by proposing to improve the safety of the commercial truck industry through cooperative public private programs that focus on increased enforcement, regulatory compliance, industry training, and educational programs to ensure the safe movement of goods on Arkansas highways.”

Publisher's Notes. Acts 1949, No. 235, § 8, provided, in part: “The following Acts, or indicated portions thereof, viz: Act 241 of 1927; Act 115 of 1939; Act 117 of 1945; Act 354 of 1941; Act 144 of 1943; Act 31 of 1945; Act 45 of 1947; Act 416 of 1947; Act 60 of 1945; Section 36 of Act 65 of 1929, shall be and remain in full force and effect and were cumulative of the provisions of the Act.”

Acts 1975, No. 194, § 2, provided that: “The provisions of this Act shall be supplemental to the laws of this State pertaining to the issuance and use of a motor vehicle license tag for trucks which haul farm products, and is intended to repeal only such laws or parts of laws as are specifically in conflict herewith.”

Acts 1991, No. 219, § 6, is also codified as § 26-56-222.

Amendments. The 2009 amendment, in (a)(3)(H), inserted “either farm or” in (a)(3)(H))(ii) and (a)(3)(H)(v) (a) , inserted “including mini-trucks” in (a)(3)(H)(ii) (a) , inserted “farm” preceding “license plates” and inserted “natural resources” preceding the second instance of “license plates” in (a)(3)(H)(iv), inserted (a)(3)(H)(v) (b) and redesignated the preceding subdivision accordingly, substituted “farm license” for “natural resources license” twice in (a)(3)(H)(vi) (a) and in (a)(3)(H)(vii), deleted “natural resources” preceding “plates” in (a)(3)(H)(vi) (b) , added (a)(3)(H)(xii), and made minor punctuation and stylistic changes.

The 2013 amendment added (a)(3)(G)(ii) (b) ; substituted “except those set forth in subdivision (d)(3) of this section” for “with the exception of that portion of the fee declared to be a permit fee and collected pursuant to subdivision (a)(3)(H)(ii) (f) of this section” in the introductory language of (d)(1); inserted (d)(3), and redesignated former (d)(3) as (d)(4).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(3)(H)(viii) and (e)(2)(B).

The 2019 amendment by No. 315, in (a)(3)(H)(viii), deleted “and regulations” following “rules” in the first sentence and deleted “or regulations” following “rules” in the second sentence; and deleted “and regulations” following “rules” in (a)(3)(J)(i).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(3)(H)(iv); substituted “secretary” for “director” throughout (a) and (b); and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(6)(B)(i) and (a)(6)(B)(ii) (a)

Cross References. Motorcycles and motorized cycles generally, § 27-20-101 et seq.

Case Notes

Constitutionality.

This section is not violative of the interstate commerce clause nor void because it discriminates against interstate carriers by reason of its failure to distinguish between trucks continually in use and those used only occasionally. Aero-Mayflower Transit Co. v. Watson, 5 F. Supp. 1009 (E.D. Ark. 1934).

Prior to enactment of subdivision (a)(2) of this section, classification of former provisions in this section prescribing a fee based on horsepower for vehicles used for transportation of persons for hire was not unconstitutional although the classification was unfair and unequal as to taxicab operators. U-Drive-Em Corp. v. Wiseman, 189 Ark. 1163, 76 S.W.2d 960 (1934).

Former provisions were held not unconstitutional in that they provided for a higher license fee for five-passenger taxicabs than for pleasure vehicles, as this section specifically provided that this tax was for the privilege of using public roads and highways, and legislative classification for the purpose of taxation of a privilege was proper as long as there was no discrimination between persons in like situations and pursuing the same class of occupation. Potts v. McCastlain, 240 Ark. 654, 401 S.W.2d 220, cert. denied, 385 U.S. 946, 87 S. Ct. 319, 17 L. Ed. 2d 225 (1966) (decision prior to 1967 amendment by Acts 1967, No. 21).

Automobiles for Hire.

One who hired or rented to individuals applying therefor automobiles to be operated by the hirer at his own risk and discretion was neither a private nor a public carrier of passengers or engaged in the business of using motor vehicles for the transportation of passengers for hire within former similar statute. State v. Dabney, 176 Ark. 1071, 5 S.W.2d 304 (1928) (decision under prior law).

Collection of Fees.

The State Highway and Transportation Department lacked standing to appeal from a chancellor's ruling that a corporation owed the Department of Revenue (now Department of Finance and Administration) past due registration fees, since the highway department was not the agency charged with the duty of collecting the fees. Gray v. Ragland, 277 Ark. 232, 640 S.W.2d 788 (1982).

Counties.

Prior to enactment of § 27-15-1302, counties were required to pay the fee upon motor vehicles owned by them. Blackwood v. Sibeck, 180 Ark. 815, 23 S.W.2d 259 (1930).

Local Privilege Taxes.

Where people of a county passed an initiated act under provisions of Ark. Const. Amend. 7 which imposed a privilege tax on motor vehicles as well as wagons and buggies, the provisions relative to tax on motor-drawn vehicles were void, as state had already covered this tax field, and the provisions relative to wagons and buggies were also void, since people did not intend to tax wagons and buggies if motor-drawn vehicles could not be taxed. Allen v. Langston, 216 Ark. 77, 224 S.W.2d 377 (1949).

Mail Carriers.

This section has no applicability to a rural mail carrier, such carrier being an officer of the federal government. Blackwood v. Welch, 179 Ark. 979, 18 S.W.2d 1023 (1929).

Nature of Fees.

License fee is a tax on the privilege of driving on highways and not on the property or possession thereof. Wiseman v. Madison Cadillac Co., 191 Ark. 1021, 88 S.W.2d 1007 (1935).

Sales Tax.

The amount of the automobile license fee is not deductible from the sales tax on automobile sales. Wiseman v. Madison Cadillac Co., 191 Ark. 1021, 88 S.W.2d 1007 (1935).

Trucks and Trailers.

One operating a truck with a load thereon greater than the tonnage on which its license fee is based is subject to penalty. Commercial Whse. v. State, 187 Ark. 851, 62 S.W.2d 20 (1933); State v. Formby, 195 Ark. 746, 114 S.W.2d 5 (1938).

This section requires the payment of license fees in proportion to the load capacity of a truck and is not affected by §§ 27-35-107 and 27-35-108, and therefore one cannot purchase a license to operate a 1½ ton truck and haul a load in excess thereof by equipping the truck with dual tires on the rear wheels. State v. Formby, 195 Ark. 746, 114 S.W.2d 5 (1938).

Cited: Jones v. City of Newport, 29 Ark. App. 42, 780 S.W.2d 338 (1989); Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-602. Registration fees.

  1. Except as otherwise provided, all fees shall be paid to the Office of Motor Vehicle for the registration of motor vehicles, trailers, and semitrailers under this chapter.
  2. The following fees shall be charged under this chapter by the Office of Motor Vehicle:
    1. For each certificate of title $2.00
    2. For each duplicate certificate of title 2.00
    3. For noting each lien .50
    4. For transfer of registration 1.00
    5. For duplicate or substitute registration certificate 1.00
    6. For duplicate or substitute license plate 1.00
  3. Beginning January 1, 2018, in addition to any other fees authorized under this chapter, the Secretary of the Department of Finance and Administration shall charge a fee for commercial motor vehicles registered with the International Registration Plan in the amount of:
    1. Two dollars ($2.00) to access the secretary's portal to register one (1) or more commercial motor vehicles or to conduct one (1) or more online administrative transactions;
    2. Two dollars ($2.00) upon issuance or renewal of the registration of a commercial motor vehicle of a commercial motor carrier that has been authorized under § 27-14-613(b)(1)(C) to display an approved license plate decal bearing the commercial motor vehicle carrier's logo; and
    3. Five dollars ($5.00) for each commercial motor vehicle registered in this state as an annual commercial motor vehicle fee.

History. Acts 1949, No. 142, §§ 82, 83; 1965, No. 493, § 2; A.S.A. 1947, §§ 75-182, 75-183; Acts 2011, No. 718, § 1; 2017, No. 448, § 6; 2017, No. 532, § 5; 2019, No. 910, §§ 4517, 4518.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2011 amendment added “Except as otherwise provided, all” at the beginning of (a); and substituted “$2.00” for “$1.00” in (b)(1) and (2).

The 2017 amendment by No. 448 substituted “Office of Motor Vehicle” for “Commissioner of Motor Vehicles” in the introductory language of (b).

The 2017 amendment by No. 532 added (c).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (c); and substituted “secretary’s” for “director’s” in (c)(1).

27-14-603. Fee for special numbered license plates.

  1. There is levied a service fee of five dollars ($5.00) to be added to the regular fee imposed for motor vehicle license plates collected by the Office of Motor Vehicle in all instances in which a special number is reserved for any motor vehicle license plate applicant.
  2. These fees shall be treated as regular license fees and deposited accordingly as provided by law.

History. Acts 1953, No. 113, § 1; A.S.A. 1947, § 75-201.1; Acts 2017, No. 448, § 6.

Amendments. The 2017 amendment, in (a), substituted “Office of Motor Vehicle” for “Commissioner of Motor Vehicles” and “in which” for ”where”.

27-14-604. Refunds.

  1. Whenever any application to the Office of Motor Vehicle is accompanied by any fee as required by law and the application is refused or rejected, the fee shall be returned to the applicant.
  2. Whenever the office through error collects any fee not required to be paid under this chapter, it shall be refunded to the person paying it upon application therefor made within six (6) months after the date of the payment.

History. Acts 1949, No. 142, § 84; A.S.A. 1947, § 75-184.

Case Notes

Cited: Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-605. Credit if vehicle destroyed.

Upon satisfactory proof to the Secretary of the Department of Finance and Administration that any motor vehicle, duly licensed, has been completely destroyed by fire or collision, the owner of the vehicle may be allowed, on the purchase of a new license for another vehicle, a credit equivalent to the unexpired portion of the cost of the original license, dating from the first day of the next month after the date of the destruction.

History. Acts 1939, No. 386, § 23; A.S.A. 1947, § 75-260; Acts 2019, No. 910, § 4519.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-606. Disposition.

    1. Fifty percent (50%) of the fees collected under § 27-14-602(b)(1) and (2) and one hundred percent (100%) of the fees collected under § 27-14-602(b)(3)-(6) shall be:
      1. Deposited into the 1995 New Revenue Division Building Fund as cash funds; and
      2. Used for the repayment of bonds that may be issued by or for the benefit of the Arkansas Revenue Department Building Commission under the 1995 New Revenue Division Building Act.
    2. Fifty percent (50%) of the fees collected under § 27-14-602(b)(1) and (2) shall be:
      1. Deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund; and
      2. Used for the State Police Retirement System for the Division of Arkansas State Police.
    3. At least nine hundred twenty thousand dollars ($920,000) of the fees collected under subdivision (a)(1) of this section shall first be distributed to the 1995 New Revenue Division Building Fund and the commission under the 1995 New Revenue Division Building Act before distribution of the fees as provided under subdivision (a)(2) of this section.
    4. The fees collected under § 27-14-602(c) shall be deposited into the Commercial Driver License Fund to be used for enhancements to the Arkansas Motor Carrier System.
  1. All fees collected by the circuit clerk and recorder as required by this chapter shall not be affected by the provisions of this section.

History. Acts 1949, No. 142, § 85; 1965, No. 493, § 3; A.S.A. 1947, § 75-185; Acts 1995, No. 725, § 7; 2011, No. 718, § 3; 2017, No. 532, § 6.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2011 amendment subdivided part of (a); rewrote (a)(1); and added (a)(2) and (3).

The 2017 amendment added (a)(4).

Cross References. The 1995 New Revenue Division Building Act, Title 19 Appendix.

27-14-607. Alternate registration procedures.

  1. The Secretary of the Department of Finance and Administration is authorized to allow vehicles to be registered for a renewal period of two (2) years, if the secretary determines that the two-year renewal period would facilitate the vehicle registration process. If a vehicle registration is renewed for a two-year period, the renewal fee shall be two (2) times the annual renewal fee for that vehicle, plus the cost of the annual license plate validation decal for both years for that vehicle.
  2. The secretary is authorized to provide for the registration of vehicles by mail, telephone, electronically, or any other method which the secretary determines would facilitate the vehicle registration process.

History. Acts 1997, No. 974, § 15; 2019, No. 910, § 4520.

Publisher's Notes. Former § 27-14-607, concerning an additional motor vehicle registration fee for the annual renewal of registered and licensed motor vehicles, was repealed by Acts 1995, No. 330, § 1. The section was derived from Acts 1993, No. 1261, § 2.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the first sentence of (a); and substituted “secretary” for “director” throughout the section.

27-14-608. Payment by credit card.

  1. The Secretary of the Department of Finance and Administration is authorized to promulgate rules providing for payment by credit card of any fees or taxes due upon the issuance or renewal of a vehicle registration, except a vehicle registration issued or renewed under the provisions of § 27-14-601(a)(3)(B)-(H) or the provisions of § 27-14-601(a)(3)(I)(i)(a)(2)-(4) . The secretary may allow the payment of these fees or taxes by credit card if the secretary determines that payment by credit card would facilitate the administration of the motor vehicle registration program.
  2. The secretary is authorized to enter into contracts with credit card companies and to pay fees normally charged by those companies for allowing the use of their credit cards as authorized by this section.
    1. From the net proceeds received, or receivable, from credit card companies for all fees or taxes paid by credit card, the secretary shall pay the full sum specified in § 27-14-1015(d)(1) to the Arkansas Development Finance Authority. The balance of the net proceeds received, or receivable, from credit card companies shall be prorated to the various funds for which they were collected and deposited into the State Treasury for transfer on the last business day of each month, in the same manner and to be used for the same purposes as all other fees and taxes collected upon the issuance or renewal of vehicle registrations.
    2. Any amounts deducted from the gross proceeds of vehicle registration fees or taxes paid by credit card, which are deducted for the purpose of paying credit card company fees, shall be cash funds not subject to appropriation and, if withheld by the secretary, shall be remitted by the secretary to credit card companies as required under contracts authorized by this section.

History. Acts 1997, No. 974, § 16; 2019, No. 315, § 3089; 2019, No. 910, § 4521.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in the first sentence of (a).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” throughout the section.

27-14-609. Provision of information.

    1. The Office of Motor Vehicle shall maintain on its website information to inform the citizens of the State of Arkansas of changes in the driving laws of the state.
    2. The office shall make the website address related to the information required under subdivision (a)(1) of this section available at all state revenue offices.
    1. The office shall by July 1 of each year prepare a list and explanation of the most-violated driving or traffic laws during the previous year.
    2. The office shall make the information required under subdivision (b)(1) of this section available at all state revenue offices and on its website.
  1. The office is authorized to promulgate rules to administer the provisions of this subchapter.

History. Acts 2005, No. 2118, § 1.

27-14-610. Permanent registration of fleet of motor vehicles.

  1. As used in this section:
    1. “Affiliate” means any entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another entity;
      1. “Fleet of motor vehicles” means at least fifty (50) motor vehicles that are:
        1. Owned or leased by a person or entity described in § 26-26-1601(12)-(16) or affiliates of that person or entity; and
        2. Used for business purposes.
      2. “Fleet of motor vehicles” includes commercial motor vehicles that are base-plated in the State of Arkansas or passenger motor vehicles otherwise subject to registration under this chapter.
      3. “Fleet of motor vehicles” does not include motor vehicles registered and governed under § 27-14-502 or motor vehicles registered under an international registration plan administered by a state other than Arkansas; and
    2. “Owns or controls” means owning or holding at least a majority of the outstanding voting power of an entity.
  2. Notwithstanding any other provision of this chapter, the registered owner or lessee of a fleet of motor vehicles may apply as provided in this section to the Office of Motor Vehicle for a license plate with a decal identifying the vehicle as a fleet vehicle.
  3. The license plate issued under this section shall be the standard license plate for the class and type of vehicle otherwise required under this chapter with a decal bearing the word “fleet” at the bottom of the license plate.
    1. Payment of all registration fees and fleet management fees under this section shall be paid in advance for a period of three (3) years.
      1. The fees for renewal of a vehicle registration under this section shall be due and payable during the last month of the last year of the registration period.
      2. Upon request, the office shall allow the owner of a fleet of motor vehicles to set all renewals for the fleet to occur in a month requested by the owner.
    2. The office may shorten or lengthen the term of any renewal period under this section by rule and upon notice to all owners of a fleet registered under this section as necessary to provide a staggered system of renewal in which approximately one-third (1/3) of the vehicles in a fleet shall be renewed in any given year.
    1. The fees for registration and renewal of registration of a vehicle under this section shall be the same amount as and shall be distributed in the same manner as the fees otherwise required under this chapter for the type and class of vehicle being registered.
      1. In addition to the registration fees prescribed for issuance or renewal under this chapter, an annual fleet management fee of ten dollars ($10.00) per motor vehicle in the fleet of motor vehicles shall be charged.
      2. The annual fleet management fee shall be deposited as special revenues into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration.
    1. Upon payment of the registration fees and fleet management fees as provided under subsection (e) of this section, the owner or lessee of the fleet of motor vehicles shall be issued a license plate with a decal for each motor vehicle in the fleet of motor vehicles registered under this section.
    2. Each license plate with a decal issued under this section shall bear a validation sticker as required for standard license plates issued under this chapter reflecting the period that the owner or lessee of the fleet of motor vehicles has paid in advance.
  4. A license plate with a decal issued under this section may be transferred to another vehicle of the same type and class in the same fleet of motor vehicles in the same manner and subject to the same fees prescribed in §§ 27-14-902 and 27-14-914.
  5. A license plate with a decal issued under this section that has been lost or destroyed may be replaced in the same manner and subject to the same fees prescribed in § 27-14-602.
  6. The office may adopt rules for the implementation, administration, and enforcement of this section.

History. Acts 2009, No. 1194, § 1.

Cross References. Registrations fees, § 27-14-602.

Transfer or assignment by owner or lessee generally, § 27-14-902.

Transfer of license plates and registration from one vehicle to another, § 27-14-914.

27-14-611. Registration for nonprofit motor vehicle fleets — Definitions.

  1. As used in this section:
    1. “Fleet of motor vehicles” means at least twenty-five (25) motor vehicles that are owned or leased by an organization and used for the organization's purposes; and
    2. “Organization” means a nonprofit organization or its affiliate that:
      1. Has been approved for tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as in effect on January 1, 2011; and
      2. Is eligible to participate in the federal transit grant programs administered through the Arkansas Department of Transportation.
    1. An organization may apply to the Office of Motor Vehicle for the registration and licensing of its fleet of motor vehicles as provided under this section.
    2. The license plate issued under this section shall be the standard license plate for the class and type of vehicle otherwise required under this chapter and may be transferred to another motor vehicle of the same class and type owned by the same organization.
    1. The registration and renewal fees shall be the same amount and shall be distributed in the same manner as the fees otherwise required for the class and type of vehicle being registered.
    2. Registration and renewal fee payments shall be paid in advance for either a period of two (2) or three (3) years.
    3. The registration and renewal fee payments are due and payable during the last month of the last year of the registration period.
    4. The organization may choose the month in which renewals occur.
    1. Except as provided in subdivision (d)(2) of this section, in addition to the registration fees prescribed for issuance, an initial fleet management fee of ten dollars ($10.00) per motor vehicle shall be charged for the first year of registration as a fleet vehicle.
    2. The initial fleet management fee for a fleet of motor vehicles shall not exceed five hundred dollars ($500).
    3. The initial fleet management fee shall be deposited as special revenues into the State Central Services Fund as direct revenue to the Revenue Division of the Department of Finance and Administration.
  2. For each motor vehicle registration or renewal, the organization shall provide the documents that the office requires.
    1. The office may adopt rules for the implementation, administration, and enforcement of this section.
    2. If the Secretary of the Department of Finance and Administration determines that online renewals are available under this section, the organization may be allowed to renew online.

History. Acts 2011, No. 192, § 1; 2017, No. 707, § 324; 2019, No. 910, § 4522.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2)(B).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (f)(2).

27-14-612. Multiyear personal-use vehicle registration — Definition.

  1. As used in this section, “personal-use vehicle” means:
    1. A pleasure vehicle, including a motor home, registered under § 27-14-601(a)(1);
    2. A Class One truck or van registered under § 27-14-601(a)(3)(A);
    3. A motorcycle registered under § 27-14-601(a)(4); or
    4. An autocycle registered under § 27-20-304.
  2. The Office of Motor Vehicle shall offer a multiyear personal-use vehicle registration as provided under this section.
  3. The owner of a personal-use vehicle, who has owned the personal-use vehicle for a twelve-month renewal period following initial registration by the owner, may request a multiyear personal-use vehicle registration for a period of two (2) or three (3) years by providing the following information to the office with the application:
    1. All information necessary for the registration and licensing of the personal-use vehicle under law to include:
      1. Proof of current insurance coverage on the personal-use vehicle to be registered as required under § 27-13-102;
      2. Proof of payment of personal property taxes; and
      3. Proof of listing the personal-use vehicle for assessment;
    2. Proof that property taxes on the personal-use vehicle to be registered have been timely paid by the applicant; and
    3. Payment of the fees for registration and licensing for:
      1. Two (2) years, if the registration is for a period of two (2) years; and
      2. Three (3) years, if the registration is for a period of three (3) years.
  4. The office may promulgate rules for the administration of this section.

History. Acts 2011, No. 904, § 2; 2013, No. 437, § 1; 2017, No. 331, § 1.

A.C.R.C. Notes. Acts 2011, No. 904, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) The demands that people are placed under with work, family, and other activities are increasing, and time is becoming more and more precious;

“(2) Many constituents have stated that having multiyear personal vehicle registration would save them time and worries all year long because they have multiple vehicles;

“(3) Other states, including bordering states, allow the multiyear registering of motor vehicles for personal use;

“(5) The government should listen to and work for the people and by doing so conserve both the citizens' and the government's resources; and

“(6) This law represents good government because it gives working families what they need to streamline their lives and at the same time reduces the staffing need for motor vehicle registrations in the state by reducing the number of annual personal-use vehicle registrations.”

Amendments. The 2013 amendment rewrote (c); deleted former (d); and redesignated former (e) as present (d).

The 2017 amendment redesignated former (a) as the introductory language of (a), (a)(1), and (a)(2); inserted “including a motor home” in (a)(1); inserted “registered” in (a)(2); and added (a)(3) and (a)(4).

Effective Dates. Acts 2017, No. 331, § 2: Nov. 13, 2017.

27-14-613. Arkansas Motor Carrier System — Definitions.

  1. As used in this section:
    1. “Commercial motor carrier” means a person or entity engaged directly or indirectly through an agent, employee, or subcontractor in the interstate transportation of property by a commercial motor vehicle; and
    2. “Commercial motor vehicle” means a truck, truck trailer, trailer, semitrailer, or pole trailer registered with the International Registration Plan.
    1. The Secretary of the Department of Finance and Administration shall promulgate rules and procedures to enhance the Arkansas Motor Carrier System developed by the Department of Finance and Administration by allowing:
      1. A commercial motor carrier or its designee to conduct routine administrative transactions electronically, including without limitation the online:
        1. Registration of a commercial motor vehicle;
        2. Renewal, transfer, replacement, and amendment of the registration of a commercial motor vehicle; and
        3. Issuance and replacement of a commercial motor vehicle's license plates and decals;
      2. A commercial motor carrier or its designee to instantaneously print the registration card for a commercial motor vehicle;
      3. A commercial motor carrier or its designee to obtain and affix to a commercial motor vehicle license plate a decal bearing the logo of the commercial motor carrier approved by the secretary or the secretary's designee; and
      4. A commercial motor carrier or its designee to maintain license plate inventories and issue license plates; and
      1. A commercial motor carrier shall have thirty (30) days from the date of online commercial motor vehicle registration to submit to the department all required source documents associated with the registration.
      2. If the department has not received the source documents required under subdivision (b)(2)(A) of this section within thirty (30) days of the online registration of a commercial motor vehicle, the secretary or the secretary's designee may suspend the registration.
  2. The secretary shall study, develop, and implement improvements to the Arkansas Motor Carrier System in order to modernize and enhance the Arkansas Motor Carrier System and accommodate the latest available technology for commercial motor carriers seeking to register commercial motor vehicles in the State of Arkansas.

History. Acts 2017, No. 532, § 7; 2019, No. 315, § 3090; 2019, No. 910, §§ 4523-4526.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in the introductory language of (b)(1).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (b)(1); and substituted “secretary” for “director” throughout (b) and (c).

27-14-614. Additional fee for electric vehicles and hybrid vehicles — Definitions.

  1. As used in this section:
    1. “Electric vehicle” means a vehicle that:
      1. Is propelled by an electric motor powered by a battery or other electrical device incorporated into the vehicle; and
      2. Is not propelled by an internal combustion engine; and
    2. “Hybrid vehicle” means a vehicle that draws propulsion energy from both an internal combustion engine and an energy storage device.
  2. In addition to the other fees required to be paid to register a vehicle under this subchapter, there is levied an annual fee of:
    1. Two hundred dollars ($200) for each electric vehicle registered; and
    2. One hundred dollars ($100) for each hybrid vehicle registered.
  3. The revenues collected under this section are special revenues and shall be distributed to the State Highway and Transportation Department Fund.

History. Acts 2019, No. 416, § 7.

A.C.R.C. Notes. Acts 2019, No. 416, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that additional revenue will be available to the state resulting from anticipated savings generated by the transformation of state government, the creation of cabinet positions, and other reductions in state government, and from the growth of casino gambling resulting from the adoption of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100.

“(b) The General Assembly intends to use a portion of the anticipated savings described in subsection (a) of this section to make additional revenues available for use in maintaining and repairing public highways, streets, and bridges in the state”.

Effective Dates. Acts 2019, No. 416, § 8: Oct. 1, 2019. Effective date clause provided: “Sections 4-7 of this act are effective on the first day of the calendar quarter following the effective date of this act”.

Subchapter 7 — Registration and Certificates of Title

Cross References. Registration of motorcycles and motor-driven cycles, § 27-20-105.

Registration of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles, § 27-20-202.

Effective Dates. Acts 1911, No. 134, § 20: Effective on passage. Approved Mar. 24, 1911.

Acts 1943, No. 143, § 2: Mar. 4, 1943. Emergency clause provided: “Whereas, it is hereby ascertained that residents of other states are being discriminated against with reference to the operation of motor vehicles coming into this State upon occasional and irregular trips and thereby transportation barriers have been created between this State and other states; and

“Whereas, It is the intent of the General Assembly to remove such barriers and to cooperate with the Federal Government in all matters regarding transportation over the highways of this State;

“Therefore, an emergency is hereby declared to exist and this Act to take effect and be in force from and after its passage and approval.”

Acts 1945, No. 117, § 4: Approved Feb. 27, 1945. Emergency clause provided: “It being considered necessary by the Legislature to more actively and efficiently to prevent violation of the Motor Vehicle License Law and to more effectively identify vehicles involved in accidents on the highways, an emergency is hereby declared, it being deemed necessary for the public peace, health and safety, and this Act shall be in full force and effect immediately upon and after its passage.”

Acts 1953, No. 144, § 4: Approved Feb. 25, 1953. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Fifty-Ninth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage.”

Acts 1955, No. 110, § 4: Effective on passage. Approved Feb. 25, 1955.

Acts 1965 (1st Ex. Sess.), No. 38, § 4: June 9, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that legislation is being contemplated for increasing motor vehicle license fees, and that in order to expedite the collection of motor vehicle license fees and to prevent abuses in collection and to equalize the motor vehicle tax burden the immediate passage of this Act is necessary. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1965 (2nd Ex. Sess.), No. 4, § 4: Nov. 6, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirement of the present law that the motor vehicle registration certificate be carried in the vehicle or on the person driving or in control of the vehicle is necessary to the proper enforcement of the laws of this State relative to the theft of motor vehicles, but that such requirement, with the accompanying penalty for failure to comply, places an undue burden upon motorists in this State; that the provisions of this Act will retain such requirement but will relieve persons of the penalty for failure to comply if such person produces in court a registration certificate for such vehicle which was issued prior to and was in effect at the time of the demand by an officer to display the same and at the time of the arrest for failure to do so; and that this act is immediately necessary to relieve the aforementioned burden upon motorists in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1979, No. 439, §§ 2, 5: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance an adequate highway and street maintenance and construction Program; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 1981, No. 40, §§ 2, 5: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing title application and transfer fees may jeopardize the free flow of commerce constituting the trade and sale of motor vehicles; that the motor vehicular traffic on the public highways and streets of this State makes it necessary that funds be provided in order to finance an adequate highway and street maintenance construction program; and that only by the immediate passage of this Act may such such funds be fairly provided. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1981.”

Acts 1983, No. 178, § 2: Feb. 15, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly of the State of Arkansas, meeting in Regular Session, that a delay in the effective date of this Act beyond June 1, 1983 would nullify the purposes for which this enactment is provided, and would work irreparable harm upon the proper administration of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1983, No. 753, § 3: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirement that a person acquiring a motor vehicle after January 1 of any calendar year must list such vehicle for assessment of ad valorem taxes is inequitable and that this Act is immediately necessary to eliminate such requirement. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 1999, No. 385, § 6: June 1, 2000.

Acts 2003, No 1329, § 2: Apr. 14, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that automobile thieves throughout the United States are registering stolen vehicles in Arkansas and obtaining certificates of title to these vehicles; that requiring verification of a vehicle identification number for foreign vehicles by an authorized law enforcement agency in Arkansas will reduce the sale of stolen vehicles and the rate of insurance fraud; and that this act accomplishes those goals without interfering with the registration process for bona fide new residents of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 165, § 3: Feb. 15, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current vehicle identification number verification law is overbroad; that the law enforcement agencies and state police in border counties and municipalities in the state are being inundated with requests to inspect foreign vehicles; that the current law needs to be repealed and replaced with a limited vehicle identification number verification law that does not unduly burden legitimate businesses and consumers; and that this act is immediately necessary to streamline the vehicle identification number verification process and reduce the administrative workload of the Department of Arkansas State Police and local law enforcement agencies. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become immediately effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 718, § 4: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Department of Arkansas State Police is experiencing severe revenue shortages in the State Police Retirement System and that this act is necessary to ensure that the State Police Retirement System continues to operate in a fiscally sound manner. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Assessment and Licensing of Motor Vehicles, 7 Ark. L. Rev. 349.

Nickles, A Localized Treatise On Secured Transactions — Part II: Creating Security Interests, 34 Ark. L. Rev. 559.

27-14-701. Requirements — Exception.

  1. It shall be a misdemeanor for any person to drive or move, or for an owner knowingly to permit to be driven or moved, upon any highway, any vehicle of a type required to be registered under this chapter which is not registered within the time period prescribed by law, or for which a certificate of title has not been issued or applied for within the time period prescribed by law, or for which the appropriate fee has not been paid when and as required under this chapter.
  2. When an application accompanied by the proper fee has been made for registration and certificate of title for a vehicle, the vehicle may be operated temporarily pending complete registration upon displaying a duplicate application, duly verified, or other evidence of the application or otherwise under rules promulgated by the Secretary of the Department of Finance and Administration.
  3. The purchaser of any new or used motor vehicle may operate the vehicle upon the public highways prior to making application for or obtaining registration thereof, if the person carries in the vehicle at all times a title to the vehicle which is assigned to the purchaser or a notarized bill of sale evidencing the transfer of the vehicle to the purchaser.

History. Acts 1949, No. 142, § 31; 1983, No. 252, § 1; A.S.A. 1947, § 75-131; Acts 2017, No. 448, § 7; 2019, No. 315, § 3091; 2019, No. 910, § 4527.

Amendments. The 2017 amendment, in (b), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles”, and made stylistic changes.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

Case Notes

Construction Equipment.

Motor vehicle registration law does not apply to construction equipment such as a road scraper. Allis-Chalmers Mfg. Co. v. Glover, 234 Ark. 948, 355 S.W.2d 606 (1962).

Foreign Creditors.

The fact that the debtor may have avoided higher fees or taxes imposed by the State of Arkansas by registering and titling his vehicles in Oklahoma is of no consequence to the perfection question, and the appropriate outcome for debtor's failure to comply with Arkansas state law is not to punish the creditor, but if the state chooses to enforce the relevant provisions of Arkansas law, the appropriate and existing remedies are prosecution of the debtor. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Cited: House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-702. No other license required.

  1. No owner of a motor vehicle who shall have obtained a certificate from the Secretary of the Department of Finance and Administration as provided in this subchapter shall be required to obtain any other license or permits to use and operate the motor vehicle; nor shall the owner be required to display upon his or her motor vehicle any other number than the number of the registration issued by the secretary, or excluded, or prohibited, or limited in the free use of the motor vehicle upon any public street, avenue, road, turnpike, driveway, parkway, or any other public place, at any time when it is open to the use of persons having or using other vehicles; nor shall the owner be required to comply with other provisions or conditions as to the use of motor vehicles, except as provided in this chapter.
  2. Motor vehicles may be excluded from any cemetery or grounds used for the burial of the dead by the authorities having jurisdiction over the cemetery or grounds.
  3. Nothing contained in this section shall be construed to affect the power of municipal corporations to make and enforce ordinances, rules, and regulations affecting motor vehicles which are used within their limits for public hire.

History. Acts 1911, No. 134, § 13; C. & M. Dig., § 7429; Pope's Dig., § 6641; A.S.A. 1947, § 75-237; Acts 2019, No. 910, § 4528.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

Cross References. Municipality may assess a tax, § 14-57-702.

Case Notes

Bonding of Operators.

Cities may regulate jitneys by requiring drivers thereof to give a bond to indemnify persons injured by the operation of such vehicles. Willis v. City of Ft. Smith, 121 Ark. 606, 182 S.W. 275 (1916).

Municipal Licenses.

A city cannot license automobiles doing business between the city and a point outside the city. McDonald v. City of Paragould, 120 Ark. 226, 179 S.W. 335 (1915); City of Argenta v. Keath, 130 Ark. 334, 197 S.W. 686 (1917).

27-14-703. Vehicles subject to registration — Exceptions.

Every motor vehicle, trailer, semitrailer, and pole trailer when driven or moved upon a highway and every mobile home shall be subject to the provisions of this chapter except:

  1. Any vehicle driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, lienholders, or nonresidents or under a temporary registration permit issued by the Office of Motor Vehicle as authorized in § 27-14-708;
  2. Any vehicle which is driven or moved upon a highway only for the purpose of crossing the highway from one (1) property to another;
    1. Any implement of husbandry that is only incidentally operated or moved upon a highway whether or not it is subject to registration under this chapter.
    2. Incidental use may be established by an affidavit of the owner of the implement of husbandry submitted to the Department of Finance and Administration along with payment of the gross receipts or use tax imposed on the implement of husbandry when the owner applies for and receives a certificate of title to the implement of husbandry.
    3. The transportation of logs or timber upon a highway from the point of severance to a point in this state at which the logs or timber first undergo any processing, preparation for processing, conversion, or transformation from their natural or severed state shall not be incidental operation of the implement of husbandry upon a highway.
    4. An affidavit to establish incidental use is not required if the implement of husbandry was originally manufactured as an implement of husbandry;
  3. Any special mobile equipment as defined in § 27-14-104;
  4. Any vehicle which is propelled exclusively by electric power obtained from overhead trolley wires, though not operated upon rails;
  5. Manufactured homes or mobile homes for which the certificate of title has been cancelled under § 27-14-1603; and
  6. No certificates of title need be obtained for any vehicle of a type subject to registration owned by the federal government.

History. Acts 1949, No. 142, § 32; 1973, No. 596, § 2; A.S.A. 1947, § 75-132; Acts 2005, No. 1991, § 2; 2019, No. 394, § 1.

Amendments. The 2019 amendment substituted “27-14-104” for “27-14-211” in (4).

Research References

Ark. L. Notes.

Laurence, Some Practical Advice on How to Perfect a Security Interest in an All-Terrain Vehicle, 1996 Ark. L. Notes 59.

Case Notes

In General.

A motor vehicle is not required to be registered unless it is actually driven or moved upon a highway. United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955), aff'd, 246 F.2d 351 (8th Cir. 1957), rev'd, United States v. Latrobe Constr. Co., 246 F.2d 357 (8th Cir.).

Although an Arkansas resident has a duty under Arkansas law to seek the issuance of certificates of title in the appropriate forum, the creditor has no obligation to make a filing in another state to perfect or reperfect its security interest, and the creditor's interest continues to be perfected despite a resident's failure to comply with Arkansas registration laws. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Summary judgment was improperly granted in favor of a city and its employee in a negligence action based on governmental immunity where there was a genuine issue of material fact as to whether the operation of the loader on public roads was frequent and regular or merely incidental, and thus, whether the front-end loader was exempted from the statutory definition of “motor vehicle.” Spears v. City of Fordyce, 351 Ark. 305, 92 S.W.3d 38 (2002).

In insurer's declaratory judgment action, the trial court erred in granting summary judgment to insurer where the policy language, when coupled with the relevant statutory provisions, did not clearly exclude liability coverage for a semitrailer used solely as a residence; the Missouri Administrator of the State Office of Motor Vehicles unequivocally stated that the camper trailer in question was not subject to registration based upon its use as a residence. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

Circuit court erred in granting summary judgment to insurance company where policy exclusion for injuries arising out of the use of a trailer was ambiguous; where the semi-trailer was used as a residence and not subject to motor vehicle registration, it was not clear whether the exclusion applied. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

Purpose.

The ultimate purposes for the Arkansas vehicle registration laws are identification of vehicles and revenue collection. The obligation is upon the Arkansas owner and resident and the penalties for violating these provisions are criminal in nature. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Mowers.

Mowers and other vehicles not designed for transportation are special mobile equipment and exempt from registration. Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

Security Interest.

The fact that the debtor may have avoided higher fees or taxes imposed by the State of Arkansas by registering and titling his vehicles in Oklahoma was of no consequence to the perfection question. Any outcome that would punish the creditor or provide a windfall to the general unsecured creditors or others who have proper notice of the security interest would be inappropriate. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Cited: House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Southern Farm Bureau Cas. Ins. Co. v. Spears, 360 Ark. 200, 200 S.W.3d 436 (2004).

27-14-704. Motor vehicles registered in foreign states.

  1. Any motor vehicle or motorcycle belonging to any person who is a nonresident of this state who has registered the motor vehicle or motorcycle in and who has complied with all the laws of the state, territory, District of Columbia, or any province or territory of Canada in which the owner resides with respect to the registration of motor vehicles and the display of registration numbers and who shall conspicuously display the registration number as required may be operated in this state as follows:
    1. If the motor vehicle is operated for the sole purpose of marketing farm products raised exclusively by the owner or other growers of the products associated with the owner in the raising of the farm products;
    2. A privately owned and duly registered motor vehicle not operated for hire but for the purpose of going to and from the owner's place of regular employment and the making of trips for the purchasing of goods, wares, and merchandise if the owner lives outside of this state;
      1. Any motor vehicle operated by a nonresident only making an occasional trip into this state shall have the right to make an occasional trip without the payment of any motor vehicle license fee to this state, if the motor vehicle is not operated for hire.
      2. The Secretary of the Department of Finance and Administration may issue temporary permits without payment of license fees for motor vehicles operated for hire by a nonresident into and across the highways of this state when the vehicles are operated upon charters for casual, irregular, occasional, and nonscheduled sightseeing trips; and
    3. The secretary is authorized and empowered to enter into any agreement or issue any permit for the operation of any motor vehicles upon the highways of this state without payment of license fees when the vehicles are operated under and by the supervision of the proper authorities of the United States Army, United States Air Force, United States Navy, or United States Marine Corps during any period of emergency.
  2. The provisions of this section shall be operative as to a vehicle owned by a nonresident of this state only to the extent that under the laws of the state, territory, District of Columbia, or any province or territory of Canada, or other place of residence of the nonresident owner, like exemptions are granted to vehicles registered under the laws of, and owned by, residents of this state.

History. Acts 1931, No. 246, §§ 1, 2; Pope's Dig., §§ 6633, 6634; Acts 1941, No. 392, § 1; 1943, No. 143, § 1; A.S.A. 1947, §§ 75-238, 75-239; Acts 1993, No. 445, § 41; 2003, No. 832, § 1; 2019, No. 910, §§ 4529, 4530.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(3)(B); and substituted “secretary” for “director” in (a)(4).

Case Notes

Traffic Stop.

Where deputy sheriff stopped defendant's truck under the mistaken belief that Arkansas law required the display of an expiration sticker, he had probable cause to make a traffic stop; regardless of whether the defendant is actually guilty of the violation that was the basis for the stop, all that is required is that the officer had probable cause to believe that a traffic violation had occurred. Travis v. State, 331 Ark. 7, 959 S.W.2d 32 (1998).

Police officer had probable cause under § 27-14-716 to stop defendant because the license plate frame obscured the identification of the plate's issuing state; the license plate was not clearly visible and the statute applied to all vehicles traveling on Arkansas roads, and as such, defendant's motion to suppress was properly denied. Hinojosa v. State, 2009 Ark. 301, 319 S.W.3d 258 (2009).

27-14-705. Application for registration and certificate of title — Definitions.

    1. Every owner of a vehicle subject to the registration under this chapter shall make application to the Office of Motor Vehicle for the registration of the vehicle and issuance of a certificate of title or a certificate of title with beneficiary under § 27-14-727 for the vehicle upon the appropriate forms furnished by the office.
    2. Every application shall bear the signature of the owner, written with pen and ink, unless the person is unable to write, in which case he or she affixes his or her mark, “X”, which must be witnessed by a person other than the office employee, and the signature shall be acknowledged by the owner before a person authorized to administer oaths.
  1. The application shall contain:
    1. The name, bona fide residence, and mailing address of the owner or business address of the owner if a firm, association, or corporation;
      1. A description of the vehicle, including, insofar as the data specified in this subsection may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number of the vehicle, the engine or other number of the vehicle designated to identify vehicles for registration purposes, and whether new or used, and if a new vehicle, a certificate of origin.
        1. Except as provided under § 27-14-726, the certificate of origin shall be furnished to the dealer by the manufacturer and shall accompany the application for license and title.
        2. Except as provided under § 27-14-726, no license for the operation of the vehicle shall be granted and no certificate of title shall be issued unless the certificate of origin is made a part of the application.
      2. The certificate of origin shall be on a form to be prescribed by the Secretary of the Department of Finance and Administration.
      3. In the event a vehicle is designed, constructed, converted, or rebuilt for the transportation of property, the application shall include a statement of its capacity in terms of maximum gross vehicle weight rating as authorized by the manufacturer of the chassis or the complete vehicle;
    2. A statement of the applicant's title and of all liens or encumbrances upon the vehicle and the names and addresses of all persons having any interest therein and the nature of every such interest and the name and address of the person to whom the certificate of title shall be delivered by the office;
      1. Further information as may reasonably be required by the office to enable it to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.
      2. When the application refers to a new vehicle purchased from a dealer, the application shall be accompanied by a statement by the dealer or a bill of sale showing any lien retained by the dealer and a fee of fifty cents (50¢) in addition to the title.
      3. For the purposes of this section:
        1. The words “new vehicle” shall be defined as any motor vehicle transferred for the first time from a manufacturer or importer, or dealer or agent of a manufacturer or importer, and which motor vehicle had theretofore not been used, and is what is commonly known as a “new motor vehicle”; and
        2. The words “used vehicle” shall be any motor vehicle which has been sold, bargained, exchanged, given away, or the title transferred from the person who first took ownership from the manufacturer or importer, dealer, or agent of the manufacturer or importer, or so used as to have become what is commonly known as a “secondhand motor vehicle”.
  2. In addition to the application referred to in subsections (a) and (b) of this section, a title application fee in the amount of eight dollars ($8.00) per motor vehicle is imposed on each title issued, which shall be paid to the office at the time that application for registration thereof is made.
    1. All fees, fines, penalties, and other amounts collected under subsection (c) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
      1. Three percent (3%) of the gross amount thereof shall be deducted by the Treasurer of State as provided by law.
      2. The net amount remaining after the deduction of the three percent (3%) is distributed as follows:
        1. Fifty percent (50%) of the net amount shall be distributed as provided under the Arkansas Highway Revenue Distribution Law, § 27-70-207 et seq. Provided that at least three million, six hundred eighty thousand dollars ($3,680,000) shall be distributed as provided in this subdivision (d)(2)(B)(i) before any other distributions are made under this section; and
        2. Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
    1. As used in this section, “expedited title processing service” means the expedited review of an applicant's application for certificate of title.
    2. The Office of Motor Vehicle may provide an expedited title processing service for a motor vehicle subject to registration and issuance of a certificate of title under this chapter upon:
      1. The request of the applicant; and
      2. Payment of an expedited title processing service fee in the amount of ten dollars ($10.00) in addition to the specified title application fees required under subsection (c) of this section.
    3. An expedited title processing service request:
      1. Shall be made in person by the applicant at the Central Revenue Office located at the Charles D. Ragland Taxpayer Services Center in Little Rock, Arkansas;
      2. Shall require that an applicant submit all the required registration forms and payment of the certificate of title application fees and expedited title processing service fee at the time of application;
      3. Shall not guarantee the issuance of a certificate of title; and
      4. Shall be completed by the Office of Motor Vehicle within three (3) business days from the date the applicant submitted the application.
    4. The expedited title processing service fee collected under subdivision (e)(2) of this section shall be deposited to the credit of the Revenue Division of the Department of Finance and Administration into the Commercial Driver License Fund to be used for system enhancements, including without limitation for the systems used for processing motor vehicle, commercial motor carriers, or driver's licenses.

History. Acts 1949, No. 142, § 33; 1955, No. 110, § 1; 1979, No. 439, § 1; 1981, No. 40, § 1; A.S.A. 1947, § 75-133; Acts 1987, No. 945, § 6; 2009, No. 146, § 2; 2011, No. 335, § 1; 2011, No. 718, § 2; 2017, No. 448, § 8; 2019, No. 524, § 3; 2019, No. 910, § 4531.

Amendments. The 2009 amendment inserted “Except as provided under § 27-14-726” in (b)(2)(B)(i) and (ii) and made a related and stylistic change.

The 2011 amendment by No. 335 inserted “or a certificate of title with beneficiary under § 27-14-727” in (a)(1).

The 2011 amendment by No. 718 substituted “eight dollars ($8.00)” for “four dollars ($4.00)” in (c); deleted “and the net amount thereof shall be distributed as provided by the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.” at the end of (d)(2)(A); and added (d)(2)(B).

The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (b)(2)(C).

The 2019 amendment by No. 524 added (e).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(2)(C).

Case Notes

Innocent Purchaser.

Innocent purchaser of automobile relying on possession of motor vehicle and certificate of title will ordinarily be protected against the claims of the original seller. Aclin v. Manhattan Credit Corp., 225 Ark. 1028, 287 S.W.2d 451 (1956).

Priority of Claims.

Where finance company loaned money on automobile and obtained chattel mortgage on car relying on certificate of title and registration certificate in borrower's name, mortgage of finance company prevailed over claim of automobile dealer who had sold car based on fact that check with which purchaser had purchased vehicle was not good. Aclin v. Manhattan Credit Corp., 225 Ark. 1028, 287 S.W.2d 451 (1956).

Cited: Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999).

27-14-706. [Repealed.]

Publisher's Notes. This section, concerning listing with assessor and payment of taxes as prerequisite to registration, was repealed by Acts 1997, No. 974, § 1. The section was derived from the following sources: Acts 1951, No. 130, §§ 1, 2; 1953, No. 144, §§ 1, 2; 1953, No. 212, § 2; 1983, No. 753, § 1; A.S.A. 1947, §§ 75-133.1, 75-133.4, 75-133.33, 75-179.1.

27-14-707. Application for specially constructed vehicles, reconstructed vehicles, or foreign vehicles.

    1. In the event the vehicle to be registered is a specially constructed vehicle, reconstructed vehicle, or foreign vehicle, that fact shall be stated in the application.
    2. With reference to every foreign vehicle which has been registered previously outside of this state, the owner shall surrender to the Office of Motor Vehicle all registration plates, registration cards, and certificates of title, or other evidence of foreign registration as may be in his or her possession or under his or her control, except as provided in subsection (b) of this section.
  1. Where in the course of interstate operation of a vehicle registered in another state it is desirable to retain registration of the vehicle in the other states, the applicant need not surrender, but shall submit for inspection, evidence of foreign registration, and the office, upon a proper showing, shall register the vehicle in this state but shall not issue a certificate of title for the vehicle.

History. Acts 1949, No. 142, § 34; A.S.A. 1947, § 75-134.

27-14-708. Temporary permit pending registration.

The Office of Motor Vehicle, at its discretion, may grant a temporary permit to operate a vehicle for which application for registration and certificate of title has been made where the application is accompanied by the proper fee, pending action upon the application by the office.

History. Acts 1949, No. 142, § 35; A.S.A. 1947, § 75-135.

27-14-709. Half-year license.

Notwithstanding any provision of law to the contrary, any motor vehicle for which the annual registration and licensing fee is one hundred dollars ($100) or more, for any twelve-month licensing period, may be licensed for the first six (6) months of the annual licensing period, upon payment of one-half (½) of the annual registration and licensing fee, plus an additional fee of five dollars ($5.00) to defray the administrative cost of issuing the half-year license, under such rules as the Secretary of the Department of Finance and Administration may promulgate.

History. Acts 1965 (1st Ex. Sess.), No. 38, § 1; A.S.A. 1947, § 75-282; Acts 2019, No. 315, § 3092; 2019, No. 910, § 4532.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations”.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-710. Grounds for refusing registration or certificate of title.

The Office of Motor Vehicle shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:

  1. That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the office or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;
  2. That the office has reasonable grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle;
  3. That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
  4. That the required fee has not been paid; or
  5. That the owner of a commercial motor vehicle has had his or her authority to operate denied or suspended by the United States Department of Transportation for safety-related violations.

History. Acts 1949, No. 142, § 36; A.S.A. 1947, § 75-136; Acts 2003, No. 854, § 2.

27-14-711. Examination of registration records and index of stolen and recovered vehicles.

The Office of Motor Vehicle, upon receiving application for original registration of a vehicle or any certificate of title, shall first check the engine and serial number, or other identifying number, shown in the application against the indexes of registered motor vehicles and against the index of stolen and recovered motor vehicles required to be maintained by this chapter.

History. Acts 1949, No. 142, § 37; A.S.A. 1947, § 75-137.

27-14-712. Registration indexes.

The Office of Motor Vehicle shall file each application received and, when satisfied as to the genuineness and regularity thereof and that the applicant is entitled to register the vehicle and to the issuance of a certificate of title, shall register the vehicle therein described and keep a record thereof in suitable methods which ensure that the records will be available as follows:

  1. Under a distinctive registration number assigned to the vehicle;
  2. Alphabetically, under the name of the owner;
  3. Under the vehicle identification number, if available, otherwise any other identifying number of the vehicle; and
  4. In the discretion of the office, in any other manner it may deem desirable.

History. Acts 1949, No. 142, § 38; A.S.A. 1947, § 75-138; Acts 1997, No. 809, § 4.

Cross References. List of owners filed with assessor, § 26-26-706.

Research References

Ark. L. Rev.

Watkins, Access to Public Records Under the Arkansas Freedom of Information Act, 37 Ark. L. Rev. 741.

Case Notes

Public Record.

The automobile title registration law makes motor vehicle titles and encumbrances a matter of public record, similar to the recording of deeds and mortgages. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959).

27-14-713. Issuance of registration certificates and certificates of title.

  1. The Office of Motor Vehicle, upon registering a vehicle, shall issue a registration certificate and a certificate of title. The registration certificate and the certificate of title shall be of a type which, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.
    1. The registration certificate shall be delivered to the owner and shall display the date issued, the name and address of the owner, the registration number assigned to the vehicle, and the description of the vehicle as determined by the Office of Motor Vehicle.
    2. Upon the reverse side it shall contain a form for endorsement of notice to the office upon transfer of the vehicle.
      1. The certificate of title shall contain upon its face the identical information required upon the face of the registration certificate.
      2. In addition, it shall contain:
        1. A statement of the owner's title;
        2. A statement of all liens and encumbrances on the vehicle therein described;
        3. A statement as to whether possession is held by the owner under a lease, contract of conditional sale, or other like agreement; and
        4. If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-14-727.
    1. The certificate shall bear the seal of the office.
    1. The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate, except when a surviving owner or a beneficiary applies for a new title under § 27-14-727.
    2. The certificate shall also contain upon the reverse side forms for assignment of title or interest and warranty thereof by the owner, with space for notation of liens and encumbrances upon the vehicle at the time of a transfer.
    1. The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.
    2. Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the vehicle as shown in the certificate or to the person named to receive it in the application for the certificate.

History. Acts 1949, No. 142, § 39; 1981, No. 697, § 1; A.S.A. 1947, § 75-139; Acts 2007, No. 171, § 1; 2011, No. 335, §§ 2, 3; 2017, No. 448, § 9.

Amendments. The 2011 amendment subdivided (c)(1)(B); inserted (c)(1)(B)(iv); and added “except when a surviving owner or a beneficiary applies for a new title under § 27-14-727” at the end of (d)(1).

The 2017 amendment, in (b)(1), substituted “shall display” for “shall contain, upon the face thereof” and “Office of Motor Vehicle” for “Commissioner of Motor Vehicles”.

Case Notes

Public Record.

The automobile title registration law makes motor vehicle titles and encumbrances a matter of public record, similar to the recording of deeds and mortgages. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959).

Summary judgment in favor of the government in a forfeiture action of a car brought under 21 U.S.C.S. § 881(a)(4) and (j) was reversed because, under Arkansas law, it was clear that both claimants had U.S. Const. art. III standing to challenge the forfeiture under 18 U.S.C.S. § 983(a)(4) & (d); the grandmother had the greatest financial stake in the car and, under § 27-14-203, the mother was the owner of the car because she held legal title as the registered owner under this section, even though there was evidence that the mother had only “bare legal title” that was sufficient to confer Article III standing to contest the forfeiture. United States v. One Lincoln Navigator 1998, 328 F.3d 1011 (8th Cir. 2003).

Superior Title.

Where purchaser of automobile executed title retaining note and certificate of title was properly issued reciting the lien and third person subsequently came into possession of automobile, took it to another state and registered it under an incorrect motor number and subsequently returned it to Arkansas, and registered in Arkansas under the incorrect motor number reciting that the vehicle was free of liens, subsequent purchaser of automobile was not a purchaser without notice and lienholder had superior title. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959).

27-14-714. Registration certificate to be signed, carried, and exhibited on demand.

    1. Every owner, upon receipt of a registration certificate, shall write his or her signature thereon, with pen and ink in the space provided. Every such registration certificate shall be, at all times, carried in the vehicle to which it refers or shall be carried by the person driving or in control of the vehicle, who shall display it upon demand of a police officer or any officer or employee of the Office of Motor Vehicle.
    2. No person charged with violating this section shall be convicted if he or she produces in a court a registration certificate for the vehicle which was issued prior to, and in effect at, the time of the arrest.
  1. The provisions of this section requiring that a registration certificate be carried in the vehicle to which it refers or by the person driving it shall not apply when the certificate is used for the purpose of making application for renewal of registration or upon a transfer of registration of the vehicle.
    1. The provisions of this section shall not be construed to amend or repeal the requirement contained in § 27-14-601 which makes it unlawful for any truck to be operated upon the highways of Arkansas without the license registration card or certificate being at all times in the possession of the operator thereof and subject to inspection.
    2. Possession of a photocopy of the license registration card or certificate shall be deemed to comply with the requirements of this section.

History. Acts 1949, No. 142, § 40; 1965 (2nd Ex. Sess.), No. 4, §§ 1, 3; A.S.A. 1947, §§ 75-140, 75-140.1.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955); Brenneman v. State, 264 Ark. 460, 573 S.W.2d 47 (1978).

27-14-715. Issuance of license plates.

  1. The Office of Motor Vehicle, upon registering a vehicle, shall issue to the owner one (1) license plate for a motorcycle, trailer, or semitrailer and one (1) or two (2) license plates for every other motor vehicle.
  2. Every license plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, also the name of this state, which may be abbreviated, and the year number for which it is issued or the date of expiration thereof.
  3. The license plates and required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of one hundred feet (100') during daylight.
  4. The office shall issue for every passenger motor vehicle rented without a driver the same type of license plates as the type of plates issued for a private passenger vehicle.

History. Acts 1949, No. 142, § 41; A.S.A. 1947, § 75-141.

Cross References. Special license plates, §§ 27-15-101 et seq. and 27-24-101 et seq.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955).

27-14-716. Display of license plates generally.

    1. License plates issued for a motor vehicle other than a motorcycle shall be attached thereto, one (1) in the front and the other in the rear.
      1. When one (1) plate is issued, it shall be attached to the rear.
      2. License plates for trucks of one-ton capacity or larger may be displayed either on the front or rear of the vehicle.
      3. The license plate issued for a motorcycle required to be registered under this chapter shall be attached to the rear thereof.
  1. Every license plate shall, at all times, be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
  2. Placing any type of cover over a license plate which makes the license plate more difficult to read or which reduces the reflective properties of the license plate is prohibited.

History. Acts 1949, No. 142, § 42; 1985, No. 1065, § 1; A.S.A. 1947, § 75-142; Acts 2001, No. 1378, § 1.

Case Notes

Probable Cause.

Police officer had probable cause under this section to stop defendant because the license plate frame obscured the identification of the plate's issuing state; the license plate was not clearly visible and the statute applied to all vehicles traveling on Arkansas roads, and as such, defendant's motion to suppress was properly denied. Hinojosa v. State, 2009 Ark. 301, 319 S.W.3d 258 (2009).

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955); Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997).

27-14-717. License plates for proper year alone to be displayed — Exception.

  1. There shall not be displayed on motor vehicles, trailers, or semitrailers any other motor vehicle license plates or other means of identification of the payment of the proper motor vehicle license fee other than that which has been issued for display and identification purposes at the proper time intended by the laws of the various states for such display and identification.
    1. The display of subsequent year license plates shall be strictly limited to those vehicles for which there have been purchased license plates for the current registration period.
    2. Nothing in this subsection (b) shall be construed so as to permit the operation of a motor vehicle on the streets and highways of Arkansas without the owner's having paid all registration fees applicable for the period of operation.
  2. Any person driving a motor vehicle, trailer, or semitrailer in violation of this section shall, upon conviction, be fined in any sum not less than five dollars ($5.00) nor more than ten dollars ($10.00).

History. Acts 1945, No. 117, §§ 1, 3; 1983, No. 178, § 1; A.S.A. 1947, §§ 75-226, 75-228; Acts 1999, No. 385, § 2.

Case Notes

Transferred Plates.

Transfer of plate from one car to another by car dealer, violated former similar statute. Marchant v. State, 286 Ark. 24, 688 S.W.2d 744 (1985) (decision under prior law).

27-14-718. Application for renewal of registration.

Application for renewal of a vehicle registration shall be made by the owner, upon proper application and by payment of the registration fee for the vehicle, as provided by law.

History. Acts 1949, No. 142, § 44; A.S.A. 1947, § 75-144.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955).

27-14-719. No renewal of certificates of title.

Certificates of title need not be renewed annually but shall remain valid until cancelled by the Office of Motor Vehicle for cause or upon a transfer of any interest shown therein.

History. Acts 1949, No. 142, § 43; A.S.A. 1947, § 75-143.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955).

27-14-720. Lost or damaged certificates and plates.

  1. In the event any registration certificate or license plate is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the office for, and may obtain, a duplicate or a substitute or a new registration under a new registration number, as determined to be most advisable by the office, upon the applicant's furnishing information satisfactory to the office.
      1. In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the office, shall immediately make application to the office for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied.
      2. The following information shall be included in the application:
        1. The year, make, model, vehicle identification number, and body style of the vehicle;
          1. The name of a lienholder; and
          2. A release if the applicant claims that the lien has been released; and
        2. Other information required by the office.
      3. The fee for a duplicate title shall accompany the application.
      4. The office may issue a duplicate title without notice if the records of the office do not show that a lien exists against the vehicle.
          1. The office shall mail notice to a lienholder shown in the records of the office at the address shown in the records for the lienholder.
          2. The notice shall state that the lienholder must respond to the office within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien.
          1. At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the office may issue a duplicate title without recording the name of the lienholder.
          2. If the lienholder responds within the time for response indicating that the lien has not been released, the office may issue a duplicate that places the name of the lienholder on the duplicate title.
        1. The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration.
    1. Upon issuance of any duplicate certificate of title, the previous certificate last issued shall be void.

History. Acts 1949, No. 142, § 45; A.S.A. 1947, § 75-145; Acts 2009, No. 634, § 1.

Amendments. The 2009 amendment rewrote (b)(1).

27-14-721. Assignment of new identifying numbers.

  1. The Office of Motor Vehicle is authorized to assign a distinguishing number to a motor vehicle whenever the serial number on the motor vehicle is destroyed or obliterated and to issue to the owner a special plate bearing the distinguishing number, which shall be affixed to the motor vehicle in a position to be determined by the Office of Motor Vehicle.
  2. The motor vehicle shall be registered under the distinguishing number in lieu of the former serial number.

History. Acts 1949, No. 142, § 46; A.S.A. 1947, § 75-146; Acts 2017, No. 448, § 10.

Amendments. The 2017 amendment, in (a), substituted “on the motor vehicle” for “thereon”, inserted “motor” preceding “vehicle in”, and substituted “by the Office of Motor Vehicle” for “by the Commissioner of Motor Vehicles”.

27-14-722. Change of engines.

The Office of Motor Vehicle may adopt and enforce such registration rules as are necessary and compatible with the public interest with respect to the change or substitution of one engine in place of another in any motor vehicle.

History. Acts 1949, No. 142, § 47; A.S.A. 1947, § 75-147; Acts 2017, No. 448, § 11; 2019, No. 315, § 3093.

Amendments. The 2017 amendment substituted “The Office of Motor Vehicle may” for “The Commissioner of Motor Vehicles is authorized to” and “are necessary” for “may be deemed necessary”; and made a stylistic change.

The 2019 amendment deleted “and regulations” following “rules”.

27-14-723. Registration and license required upon presence in state.

  1. Within thirty (30) calendar days of becoming a resident, a person who is a resident of this state shall obtain an Arkansas motor vehicle registration and license in order to operate a motor vehicle upon the streets and highways of this state.
  2. A nonresident person who has been physically present in this state for a period of six (6) months shall obtain an Arkansas motor vehicle registration and license in order to operate a motor vehicle upon the streets and highways of this state.
      1. As used in this subsection, “entity” means a firm, corporation, association, partnership, or organization that transacts or conducts business in Arkansas and has a place of business in Arkansas.
      2. “Entity” does not include a firm, corporation, association, partnership, or organization engaged in one (1) or more of the following:
        1. Governmental operations, including municipal, county, state, or federal operations;
        2. Utility operation, maintenance, or repair;
        3. Construction;
        4. Natural resource exploration, production, or mining, including without limitation oil, gas, gravel, and timber; or
        5. Agricultural operations.
        1. An entity that transacts or conducts business in Arkansas and has a place of business in Arkansas shall register a motor vehicle considered a pleasure vehicle under § 27-14-601(a)(1) that the entity owns and uses in its business operations in the state with the Office of Motor Vehicle within thirty (30) calendar days from the start of business in the state.
        2. If an entity began transacting or conducting business in the state before July 31, 2009, the entity shall have thirty (30) calendar days to comply with this subsection.
        1. If a court of competent jurisdiction finds that an entity has failed to comply with subdivision (c)(2)(A) of this section, the court may assess a civil penalty against the entity not to exceed ten thousand dollars ($10,000).
        2. Proof that an employee or owner of the entity was found guilty of a violation of subdivision (c)(2)(A) of this section shall establish a prima facie case that the entity failed to comply with subdivision (c)(2)(A) of this section.
        3. A penalty assessed under this subdivision (c)(2)(B) shall become a lien against the property owned by the entity in the state.
        4. An entity may appeal the assessment of a civil penalty under this subdivision (c)(2)(B) to a circuit court of competent jurisdiction.
  3. A person who pleads guilty or nolo contendere to or is found guilty of operating a motor vehicle that is not in compliance with this section is guilty of a violation and punishable as provided under § 5-4-201(c).

History. Acts 1993, No. 445, § 42; 1999, No. 912, § 2; 2009, No. 945, § 1.

Amendments. The 2009 amendment added (c) and (d), and made minor stylistic changes.

27-14-724. [Repealed.]

Publisher's Notes. This section, concerning foreign vehicle inspection, was repealed by Acts 2005, No. 165, § 1. The section was derived from Acts 2003, No. 1329, § 1.

27-14-725. Limited vehicle identification number verification.

  1. As used in this section, “designee” means a person or entity that:
    1. The Department of Arkansas State Police determines is appropriately suited for serving as a designee; and
    2. Agrees to perform vehicle identification number verifications under this section on behalf of the Department of Arkansas State Police.
  2. Except as provided under subsection (h) of this section, an application for registration or certificate of title for a motor vehicle shall be accompanied by a verification of the vehicle identification number if the owner of the motor vehicle:
    1. Does not have a properly endorsed and assigned certificate of title or manufacturer’s certificate of origin and may only obtain title to the motor vehicle through:
      1. A court order; or
      2. The bonded title procedure of this state as set forth under § 27-14-409(c); or
    2. Presents a title or other ownership document from another state that bears any of the following designations:
      1. Salvage;
      2. Prior salvage;
      3. Damaged;
      4. Prior damaged;
      5. Junked;
      6. Nonrepairable; or
      7. Any other designation that is substantially similar to the designations stated in this subdivision (b)(2).
    1. The Department of Arkansas State Police shall perform vehicle identification number verifications under this section.
    2. A vehicle identification number verification is only valid under this section if it is performed by one (1) of the following:
      1. The Department of Arkansas State Police;
      2. The designee of the Department of Arkansas State Police; or
      3. A local law enforcement agency.
    1. The Department of Arkansas State Police, a local law enforcement agency, or the designee of the Department of Arkansas State Police may charge a fee for the vehicle identification number verification not to exceed twenty-five dollars ($25.00).
    2. A fee owed to the Department of Arkansas State Police shall be:
      1. Collected by the Revenue Division of the Department of Finance and Administration at the time of application for title; and
      2. Deposited into the State Treasury as special revenue to the credit of the Department of Arkansas State Police Fund.
    3. A fee owed to a local law enforcement agency or a designee may be collected and retained by the agency or the designee at the time of the inspection.
  3. A designee under this section shall provide notice to the Department of Arkansas State Police as to which persons are conducting vehicle identification number verifications on behalf of the designee.
  4. A local law enforcement agency or its employees are not required to perform vehicle identification number verifications under this section.
    1. The Department of Arkansas State Police shall adopt a form that is to be used for all vehicle identification number verifications in the state.
    2. The Department of Arkansas State Police may adopt:
      1. Reasonable rules to ensure that the verification process is available at convenient times and locations; or
      2. Reasonable rules to ensure that the verification process does not unduly burden legitimate businesses or consumers in the state.
  5. This section shall not apply to a motor vehicle registered as a Class Two, Class Three, Class Four, Class Five, Class Six, Class Seven, or Class Eight truck under § 27-14-601(a)(3).
  6. If information is received from another state which indicates that a motor vehicle title issued by the Department of Finance and Administration under this chapter does not accurately reflect the designation of the status of a motor vehicle such as those provided under subdivision (b)(2) of this section, then the Office of Motor Vehicle may cancel the motor vehicle title and issue a title that correctly designates the status of the motor vehicle.

History. Acts 2005, No. 165, § 2.

27-14-726. Mini-trucks — Definitions.

  1. As used in this section:
    1. “Low pressure tire” means a pneumatic tire six inches (6") or more in width designed for use on a wheel with a rim diameter of twelve inches (12") or less and utilizing an operating pressure of ten pounds per square inch (10 p.s.i.) or less as recommended by the vehicle manufacturer; and
      1. “Mini-truck” means a motor vehicle that is:
        1. At least forty-eight inches (48") in width;
        2. Not more than one hundred thirty-five inches (135") in length including the bumper;
        3. At least one thousand five hundred pounds (1,500 lbs.) in unladen weight, including fuel and fluids;
        4. Equipped with:
          1. Four (4) or more low pressure tires or pneumatic rubber tires that are used on motor vehicles;
          2. A steering wheel;
          3. Seating for at least two (2) people to sit side-by-side in the front seating area;
          4. A fully enclosed metal or metal-reinforced cab with safety glass that complies with 49 C.F.R. § 571.205 and 49 C.F.R § 571.205(a), in effect on January 1, 2019, and mirrors that comply with 49 C.F.R. § 571.111, in effect on January 1, 2019;
          5. Metal doors with functioning handle locks that are similar to the handle locks on motor vehicles;
          6. Headlamps as required under § 27-36-209;
          7. Tail lamps as required under § 27-36-215;
          8. Signal lamps as provided under § 27-36-216;
          9. A working horn as required under § 27-37-202(a);
          10. Seat belts as provided under § 27-37-701 et seq.; and
          11. Front and rear bumpers.
      2. A mini-truck may be equipped with a bed or cargo box for hauling materials.
      3. A mini-truck is not an all-terrain vehicle under § 27-20-201 et seq. and § 27-21-101 et seq.
    1. The owner of a mini-truck may register and license it as a Class Eight farm vehicle under § 27-14-601(a)(3)(H).
    2. In the application to register the mini-truck, the owner of the mini-truck shall provide:
      1. The same affidavit as required under § 27-14-601(a)(3)(H)(v) and § 27-14-601(a)(3)(H)(xi);
      2. Proof of insurance as required under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.; and
      3. Proof of ownership that is in the English language, to include a bill of sale and an export certificate or a title.
    3. The fees for registering and licensing a mini-truck shall be the same as for registering a Class Eight farm vehicle under § 27-14-601(a)(3)(H)(ii)(a) .
    4. The driver of a mini-truck shall have a valid driver's license.
    5. The driver of a mini-truck that is registered and licensed under this section shall comply with and is subject to the same penalties for violating the rules of the road as provided under § 27-51-101 et seq.
    6. A mini-truck is a motor vehicle for the purposes of minimum insurance liability under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.
  2. A mini-truck shall not be operated on an interstate highway.
  3. A mini-truck shall not be operated on a road or highway if:
    1. The operation of mini-trucks is prohibited;
    2. The road is a controlled-access highway;
    3. The posted speed limit is more than fifty-five miles per hour (55 m.p.h.); or
    4. The mini-truck cannot maintain a speed equal to the posted speed limit.

History. Acts 2009, No. 146, § 3; Acts 2019, No. 394, § 2.

Amendments. The 2019 amendment rewrote (a)(2)(A)(iv) (d)

27-14-727. Certificate of title with beneficiary — Definitions.

  1. As used in this section:
      1. “Beneficiary” means one (1) individual who is designated to become the owner of a vehicle upon the death of the current owner as indicated on the certificate of title issued under this chapter.
      2. “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally created entity;
    1. “Certificate of title with beneficiary” means a certificate of title for a vehicle issued under this chapter that indicates the present owner of the vehicle and designates a beneficiary as provided under this section;
      1. “Owner” means an individual who holds legal title of a vehicle and can include more than one (1) person but not more than three (3) persons.
      2. “Owner” does not include a business, firm, partnership, corporation, association, or any other legally created entity; and
    2. “Vehicle” means a motorized or nonmotorized piece of equipment with wheels that is:
      1. Primarily used to transport persons or property on the streets, roads, or highways; and
      2. Required to be registered, licensed, and titled by the Office of Motor Vehicle under this chapter.
  2. If the owner or joint owners want to transfer a vehicle upon death by operation of law, the owner or joint owners may request that the Office of Motor Vehicle issue a certificate of title with beneficiary that includes a directive to the office to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of title with beneficiary.
    1. The owner of a vehicle may submit a transfer on death application to the office to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary.
    2. The owner shall provide the following information in the application:
      1. Whether the applicant seeks to add, remove, or change a beneficiary;
      2. The full legal name of the beneficiary;
      3. The Social Security number of the beneficiary;
      4. The address of the beneficiary;
      5. The vehicle identification number of the vehicle;
      6. The year, make, model, and body type of the vehicle;
      7. The printed full legal name of the owner of the vehicle;
      8. The Arkansas driver's license or identification card number for the owner of the vehicle; and
      9. The signature of the owner of the vehicle.
    3. The owner shall include the following with the application:
      1. The certificate of title for the vehicle issued under this chapter;
      2. The certificate of title application fee as provided under § 27-14-705(c) and the certificate of title fee under § 27-14-602(b); and
      3. The certificate of title with beneficiary processing fee of ten dollars ($10.00).
      1. The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
      2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      3. The fee shall not be considered or credited to the office as direct revenue.
    1. The office shall not issue a certificate of title with beneficiary to an owner of a vehicle if:
      1. The vehicle is encumbered by a lien; or
      2. The owner holds his or her interest in the vehicle as a tenant in common with another person.
    2. If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added.
  3. The certificate of title with beneficiary issued by the office shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
  4. During the lifetime of the sole owner or before the death of the last surviving joint owner:
    1. The signature or consent of the beneficiary is not required for any transaction relating to the vehicle for which a certificate of title with beneficiary has been issued; and
    2. The certificate of title with beneficiary is revoked by:
      1. Selling the vehicle with proper assignment and delivery of the certificate of title to another person; or
      2. Filing an application with the office to remove or change a beneficiary as provided under subsection (c) of this section.
  5. Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of title with beneficiary shall not be changed or revoked:
    1. By will or any other instrument;
    2. Because of a change in circumstances; or
    3. In any other manner.
  6. The interest of the beneficiary in a vehicle on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the vehicle was subject during his or her lifetime.
      1. Upon the death of the owner, the office shall issue a new certificate of title for the vehicle to the surviving owner or, if no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following:
        1. Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
        2. Surrender of the outstanding certificate of title with beneficiary; and
        3. Application and payment of the title application fee and title fee.
      2. A certificate of title issued under this subsection will be subject to any existing security interest.
    1. If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, along with the ten dollar ($10.00) processing fee, at the time of the application for a new title under this subsection.
    2. The transfer under this subsection is a transfer by operation of law, and § 27-14-907 applies to the extent practicable and not in conflict with this section.
  7. The transfer of a vehicle upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28 of the Arkansas Code.
  8. The procedures and fees under § 27-14-720 shall apply for obtaining a duplicate title with beneficiary.
    1. The office may promulgate rules for the administration of this section.
    2. If rules are promulgated, the office shall consult with the Arkansas State Game and Fish Commission about the rules.

History. Acts 2011, No. 335, § 4; 2019, No. 524, § 4.

Amendments. The 2019 amendment, in (c)(3)(B), inserted “certificate of” twice and deleted “of four dollars ($4.00)” following “application fee”.

Subchapter 8 — Liens and Encumbrances

Effective Dates. Acts 1981, No. 326, § 3: Mar. 5, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law pertaining to the filing of motor vehicle liens with the Revenue Division is of questionable validity and inadequate, and that this Act is immediately necessary to provide an equitable and valid motor vehicle lien filing law. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

Ark. L. Notes.

Laurence, Some Practical Advice on How to Perfect a Security Interest in an All-Terrain Vehicle, 1996 Ark. L. Notes 59.

Ark. L. Rev.

Conditional Sales in Arkansas, 4 Ark. L. Rev. 19.

Motor Vehicle Liens, 7 Ark. L. Rev. 331.

Secured Transactions: Article IX: Part 1, 16 Ark. L. Rev. 108.

Secured Transactions Under the Uniform Commercial Code, 18 Ark. L. Rev. 30.

Filing and Perfection Under the New Article Nine of the Uniform Commercial Code, 27 Ark. L. Rev. 507.

Recent Developments: Automobiles: Perfection of Liens and Constructive Notice, 32 Ark. L. Rev. 824.

Nickles, A Localized Treatise On Secured Transactions — Part II: Creating Security Interests, 34 Ark. L. Rev. 559.

Leflar, Conflict of Laws: Arkansas, 1978-82, 36 Ark. L. Rev. 191.

Case Notes

In General.

The types of interests and liens to which §§ 27-14-80127-14-804 refer are conditional sales contracts, conditional leases, and chattel mortgages which are purely contractual and do not refer to federal tax liens. Union Planters Nat'l Bank v. Godwin, 140 F. Supp. 528 (E.D. Ark. 1956).

The motor vehicle certificate of title provisions create no new liens; rather, they prescribe how rights and titles may be protected by possession or filing for record. Goff-McNair Motor Co. v. Phillips Motor Co., 226 Ark. 751, 294 S.W.2d 342 (1956).

Purpose.

It was not the intent of the General Assembly in enacting §§ 27-14-80127-14-804 to repeal the Arkansas Uniform Federal Tax Lien Registration Act (former § 18-47-201 et seq.) as it related to automobiles. Union Planters Nat'l Bank v. Godwin, 140 F. Supp. 528 (E.D. Ark. 1956).

In 1959, a new title registration law (Acts 1959, No. 307, § 9) was enacted which, in many respects, is identical with the provisions of Acts 1949, No. 142, but omits any requirement that liens or encumbrances be recorded in the county of the purchaser. It was the intention of the General Assembly to eliminate any requirement that such instruments be recorded by the circuit clerk. Francis v. Thomas, 232 Ark. 547, 338 S.W.2d 933 (1960).

The legislative purpose in enacting §§ 27-14-80127-14-804 was to protect bona fide purchasers. Benton County Motors, Inc. v. Felder, 236 Ark. 356, 366 S.W.2d 721 (1963).

Applicability.

Where conditional sales contract was executed prior to effective date of §§ 27-14-80127-14-804, these sections had no applicability. Terrell v. Loomis, 218 Ark. 296, 235 S.W.2d 961 (1951).

This subchapter has no applicability to construction equipment such as a dragline. James Talcott, Inc. v. Associates Disct. Corp., 302 F.2d 443 (8th Cir. 1962).

Sections 27-14-801 — 27-14-804 apply to all vehicles that are required to be registered. Benton County Motors, Inc. v. Felder, 236 Ark. 356, 366 S.W.2d 721 (1963).

Failure to Comply.

Having failed to comply with this subchapter, a creditor was not a lien encumbrancer insofar as third parties were concerned under the motor vehicle registration requirements when another creditor took possession of the subject automobile. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971); Union Nat'l Bank v. Hooper, 295 Ark. 83, 746 S.W.2d 550 (1988).

Where the creditor did not have a currently effective financial statement on file, the creditor did not have a perfected security interest under the Uniform Commercial Code in either the automobile or the chattel paper. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971).

27-14-801. Compliance required.

No conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon a vehicle, of a type subject to registration under the laws of this state other than a lien dependent upon possession, is valid as against the creditors of an owner acquiring a lien by levy or attachment or subsequent purchasers or encumbrances, with or without notice, until the requirements of this subchapter have been complied with.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; 1973, No. 596, § 3; A.S.A. 1947, § 75-160.

Publisher's Notes. Acts 1973, No. 596, § 4, provided that: “The purpose of the Act is to subject mobile homes to the provisions of Act 142 of 1949 as amended, in order to remove doubt and uncertainty as to the application of the Act to that class of vehicle.”

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Purpose.

Failure to comply with this section does not affect the validity of a lien as between the parties to the transaction; rather, the legislative purpose of the statute is for the benefit of bona fide purchasers. Anderson v. First Jacksonville Bank, 243 Ark. 977, 423 S.W.2d 273 (1968).

Applicability.

This section does not apply to vehicles which are neither registered nor required to be registered. United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955), aff'd, 246 F.2d 351 (8th Cir. 1957), rev'd, United States v. Latrobe Constr. Co., 246 F.2d 357 (8th Cir.).

Arkansas statutes relating to perfection of a security interest in vehicles did not require a creditor to have maintained a copy of the title, nor did statutes provide that the security interest became unperfected if the title could not be located; accordingly, the fact that the creditor could not locate the certificates of title did not affect its security interests. In re Hill, 313 B.R. 290 (Bankr. E.D. Ark. 2004).

Bill of Sale.

Bill of sale by truck owner in payment of attorney's fees was an absolute conveyance of his interest, and not a conditional sale or mortgage. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Construction with Other Laws.

Although several provisions of Arkansas law may appear to conflict, a harmonious reading of the provisions of the Arkansas vehicle titling statutes and the Uniform Commercial Code clearly demonstrates that it is the intention of the statutes to allow the security interest in a vehicle perfected in a state other than Arkansas, by required notation on a certificate of title issued by that state, to remain perfected in Arkansas for a period of four (4) months, and so long thereafter as no certificate of title is issued by Arkansas. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Foreign Registrations.

The fact that the debtor may have avoided higher fees or taxes imposed by the State of Arkansas by registering and titling his vehicles in Oklahoma was of no consequence to the perfection question. Any outcome that would punish the creditor or provide a windfall to the general unsecured creditors or others who have proper notice of the security interest would be inappropriate. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Judgment Creditors.

As this section does not apply to vehicles which are merely subject to registration but only to vehicles which are actually registered under this subchapter, in order for a judgment creditor to obtain the benefit thereof, as against a mortgagee, it must appear that the vehicle in question was in fact registered at the time the judgment creditor obtained a levy of execution thereon. United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955), aff'd, 246 F.2d 351 (8th Cir. 1957), rev'd, United States v. Latrobe Constr. Co., 246 F.2d 357 (8th Cir.).

Liens Dependent upon Possession.

The possession intended by this section regarding a lien dependent upon possession is such open, notorious possession as will give notice to all the world of the claim. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960).

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title cannot be said to be a lien dependent on possession within the meaning of this section. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960).

Priority of Rights.

The lien rights of a holder of retained title for sale of an automobile are superior to mechanic's lien on the vehicle notwithstanding the vendee who ordered the work may have obtained possession of the car from the mechanic without his knowledge or consent. Goff-McNair Motor Co. v. Phillips Motor Co., 226 Ark. 751, 294 S.W.2d 342 (1956).

Chapter 7 debtor maliciously injured farm equipment that was pledged as collateral for various bank loans within the meaning of 11 U.S.C.S. § 523(a)(6) because even though the bank's security interest therein was not perfected by the placement of evidence of the lien on the certificate of title per § 4-9-310(b), § 4-9-311, and § 27-14-801 et seq., the security interest was still valid as between the parties to the agreement per § 4-9-317(a)(2)(A) and § 4-9-322. Southern Bancorp South v. Richmond (In re Richmond), 430 B.R. 846 (Bankr. E.D. Ark. 2010).

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969); Henson v. Government Employees Fin. & Indus. Loan Corp., 257 Ark. 273, 516 S.W.2d 1 (1974); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978); In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980); Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-802. Application and documents.

  1. There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which instrument is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the vehicle.
  2. If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
    1. If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within thirty (30) days thereafter for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state;
    2. If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
      1. If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder’s security interest continues perfected in this state;
      2. If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle is issued in this state and also thereafter if, within the four-month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four-month period. In that case, perfection dates from the time of perfection in this state;
    3. If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state. In that case, perfection dates from the time of perfection in this state;
    4. A security interest may be perfected either under subdivision (b)(2)(B) of this section or subdivision (b)(3) of this section as provided in subsection (a) of this section.
  3. If the vehicle is of a type subject to registration under this chapter, but has not been registered and no certificate of title has been issued therefor, then the certified copy of the instrument creating the lien or encumbrance shall be accompanied by an application by the owner in usual form for an original registration and issuance of an original certificate of title. In every such event, the application shall be accompanied by any fees as provided in this chapter.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160; Acts 1989, No. 251, § 4.

Case Notes

Priority of Liens.

Where the chancery court ordered the sale of a truck to satisfy a repairman's lien, but the truck had been subject to a finance company's perfected security interest when brought into the state, the interest acquired by the buyer at the judicial sale was subject to the finance company's vendor's lien, and a replevin action brought by the finance company was not a collateral attack on the chancery court order, since the finance company was never made a party to that suit. Mack Fin. Corp. v. Chrestman, 270 Ark. 396, 605 S.W.2d 749 (1980).

Security Interests.

Nowhere is there a requirement that vehicles must have been physically present when the certificates of title perfecting the security interest were issued, only that the vehicles must have been in that jurisdiction when the security interest attached. Strick Corp. v. Eldo-Craft Boat Co., 479 F. Supp. 720 (W.D. Ark. 1979).

If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, provided that, if the security interest was perfected under the law of the state where the vehicle was when the security interest attached, and if the name of the lienholder is shown on an existing certificate of title issued by that state, the security interest continues to be perfected in this state, without further steps on the part of the secured party. Strick Corp. v. Eldo-Craft Boat Co., 479 F. Supp. 720 (W.D. Ark. 1979).

Arkansas statutes relating to perfection of a security interest in vehicles did not require a creditor to have maintained a copy of the title, nor did statutes provide that the security interest became unperfected if the title could not be located; accordingly, the fact that the creditor could not locate the certificates of title did not affect its security interests. In re Hill, 313 B.R. 290 (Bankr. E.D. Ark. 2004).

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969); Henson v. Government Employees Fin. & Indus. Loan Corp., 257 Ark. 273, 516 S.W.2d 1 (1974); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978); In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980); Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982); Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999).

27-14-803. Filing and certification.

Upon receipt of application and documents as provided in this subchapter, the Office of Motor Vehicle shall file them, endorsing thereon the date and hour received at the central office of the Office of Motor Vehicle. When satisfied as to the genuineness and regularity of the application, the office shall issue a new certificate of title in usual form giving the name of the owner and a statement of all liens or encumbrances certified to the office as provided in this section as existing against the vehicle.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160.

Case Notes

Failure to File.

Holder of conditional sales contract who failed to record copy of contract as required by this section was not entitled to priority on sale of car by judgment creditor. West v. General Contract Purchase Corp., 221 Ark. 33, 252 S.W.2d 405 (1952).

The provisions of this section are exclusive and mandatory; therefore, holder of conditional sales contract who failed to file copy of contract as required by this section was not entitled to priority on sale of car by judgment creditor. West v. General Contract Purchase Corp., 221 Ark. 33, 252 S.W.2d 405 (1952); Dick Conway Motors, Inc. v. Caldwell-Douglass Co., 233 Ark. 494, 345 S.W.2d 630 (1961).

A lien of attachment has priority over a chattel mortgage given on an automobile to secure a loan before the action was filed or attachment issued or executed where no copy of the mortgage was filed as required by this section. Francis v. Thomas, 232 Ark. 547, 338 S.W.2d 933 (1960).

Title retention contract was not valid against subsequent liens where contract had not been filed as required by this section. In re Glass, 286 F. Supp. 859 (W.D. Ark. 1968).

Improper Filing.

A chattel mortgage upon a semitrailer which the bank filed with the clerk of the circuit court but did not file with the appropriate state agency was not valid as against a transfer of the title and possession to the owner's employer to secure loans of money made by such employer to the owner. Bank of Dardanelle v. Bibler Bros., 244 Ark. 534, 426 S.W.2d 152 (1968).

Notice.

Oral advice by mortgagor to Office of Motor Vehicle that there was a chattel mortgage on his car was ineffective, since oral notice is not compliance with requirement of filing copy of instrument with state title agency. In re Watson, 99 F. Supp. 49 (W.D. Ark. 1951).

Notice is not sufficient to affix a lien on an automobile; only filing with the Office of Motor Vehicle as required in this section will create such a lien. In re Shiflet, 240 F. Supp. 183 (E.D. Ark. 1965).

Reliance on Certificate.

Where a purchaser paid consideration and took delivery of a motor home several months before another state and Arkansas issued the certificates of title that failed to show the bank's lien, to allow the purchaser to retain the vehicle would defeat the general policy involved in certificate of title laws, which is that lienholders and third parties should be able to rely upon certificates of title; thus the purchaser could not be considered a bona fide purchaser because he did not purchase relying on any certificate of title. Commercial Nat'l Bank v. McWilliams, 270 Ark. 826, 606 S.W.2d 363 (1980).

Transactions Outside State.

Where bank in another state recorded chattel mortgage on car pursuant to law of the other state, the bank was entitled to recover car from innocent purchaser of car for value in Arkansas, since requirement of filing notice of lien as required by this section did not apply to transaction occurring outside Arkansas. Chetopa State Bank v. Manes, 221 Ark. 784, 255 S.W.2d 957 (1953).

Where a conditional sales contract entered into in another state was recorded neither in that state nor in this state and the conditional buyer defaulted, the assignee of the contract was not entitled to possession of the car as against an Arkansas bona fide purchaser for value without notice. Benton County Motors, Inc. v. Felder, 236 Ark. 356, 366 S.W.2d 721 (1963).

Unrecorded Security Interest.

The ownership of the purchaser of an automobile would not have been affected, with or without notice, by the automobile dealer's creditor's unfiled security agreement. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971).

Where a creditor financed an automobile for a dealer who sold the automobile and sold the financing agreement to another creditor, the original creditor's interest would attach only to the proceeds of the sale. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971).

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969); Henson v. Government Employees Fin. & Indus. Loan Corp., 257 Ark. 273, 516 S.W.2d 1 (1974); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978); In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980); Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-804. Index.

The Office of Motor Vehicle shall maintain an appropriate index of all lien, encumbrance, or title retention instruments filed as provided in this subchapter.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160.

Case Notes

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969); Henson v. Government Employees Fin. & Indus. Loan Corp., 257 Ark. 273, 516 S.W.2d 1 (1974); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978); In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980); Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-805. Constructive notice.

  1. The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the vehicle described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession.
    1. In the event the documents referred to in § 27-14-802 are received and filed in the Office of Motor Vehicle within thirty (30) days after the date the documents were executed, the lien is deemed to have been perfected on the date of the execution of the documents.
    2. Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the office as shown by its endorsement thereon.

History. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 1991, No. 579, § 1.

Research References

U. Ark. Little Rock L.J.

Survey — Debtor/Creditor Relations, 14 U. Ark. Little Rock L.J. 767.

Case Notes

Actual Notice.

Where judgment debtor attempted to give notice by informing purchaser and sheriff at sale that third party held conditional sales contract, such notice was ineffective in light of former similar statute. Dick Conway Motors, Inc. v. Caldwell-Douglass Co., 233 Ark. 494, 345 S.W.2d 630 (1961) (decision under prior law).

Notice is not sufficient to affix a lien on an automobile; only filing as required in former similar statute will create such a lien. In re Shiflet, 240 F. Supp. 183 (E.D. Ark. 1965) (decision under prior law).

Bankruptcy.

If conditional sale contract was not filed within ten-day period, notice dated from time of filing, and for preference purposes under Bankruptcy Act, the transfer was made as of date of filing rather than of date of execution of contract. Dinkelspiel v. Garrett, 96 F. Supp. 800 (W.D. Ark. 1951) (decision under prior law).

Generally.

The language of this section addresses perfection when issuing a new certificate of title but this statute does not provide that failure to issue a new certificate of title pursuant to § 27-14-908 results in the lien being unperfected. In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009).

Liens Dependent upon Possession.

The possession intended by former similar statute regarding a lien dependent upon possession is such open, notorious possession as will give notice to all the world of the claim. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title could not be said to be a lien dependent on possession within the meaning of former similar statute. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Priority of Rights.

The lien rights of a holder of retained title for sale of an automobile are superior to mechanic's lien on the vehicle notwithstanding the vendee who ordered the work may have obtained possession of the car from the mechanic without his knowledge or consent. Goff-McNair Motor Co. v. Phillips Motor Co., 226 Ark. 751, 294 S.W.2d 342 (1956) (decision under prior law).

Public Records.

The automobile title registration law makes motor vehicle titles and encumbrances a matter of public record, similar to the recording of deeds and mortgages. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959) (decision under prior law).

Purchaser Without Notice.

Where purchaser of automobile executed title retaining note and certificate of title was properly issued reciting the lien and third person subsequently came into possession of automobile and took it to another state and registered it under an incorrect motor number and subsequently returned it to Arkansas and registered it in Arkansas under the incorrect motor number reciting that the vehicle was free of liens, subsequent purchaser of automobile was not a purchaser without notice and lienholder had superior title. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959) (decision under prior law).

Cited: Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-806. Optional means of recording.

    1. At his or her option, a lienholder may:
      1. Record the lien:
        1. On the manufacturer's statement of origin;
        2. On an existing certificate of title; or
        3. If the Office of Motor Vehicle determines it is technologically and economically feasible to offer the ability to electronically record a lien, through the electronic lien recording database established by the Department of Finance and Administration; and
      2. File with the Revenue Division of the Department of Finance and Administration a certified copy of the instrument creating and evidencing the lien or encumbrance.
    2. In the case of implements of husbandry, mobile homes or manufactured homes as defined in § 27-14-104, and all-terrain vehicles as defined in § 27-21-102, at his or her option, a lienholder may:
      1. Record the lien on the manufacturer's statement of origin;
      2. Record the lien on an existing certificate of title;
      3. File with the division a certified copy of the instrument creating and evidencing the lien or encumbrance; or
      4. If the office determines it is technologically and economically feasible to offer the ability to electronically record a lien, record the lien through the electronic lien recording database established by the department.
    3. He or she shall remit therewith a fee of one dollar ($1.00) for each lien to be filed.
    4. The recording or filing shall constitute constructive notice of the lien against the vehicle described therein to creditors of the owner, subsequent purchasers, and encumbrances, except those liens that are by law dependent upon possession.
    5. A photocopy of the manufacturer's statement of origin or of an existing certificate of title or of ownership, showing the lien recorded thereon and certified as a true and correct copy by the party recording the lien, shall be sufficient evidence of the recording.
      1. The lien shall be deemed perfected and the constructive notice shall be effective from the date of the execution of the instrument creating and evidencing the lien or encumbrance if it is filed as authorized in this section within thirty (30) days after the date of the execution thereof.
      2. If the instrument is filed more than thirty (30) days after the date of the execution thereof, the lien shall be deemed perfected and the constructive notice shall date from the time of the filing of the instrument.
    1. However, the filing of a lien under the provisions of this section by the lienholder and the payment of the fee therefor shall in no way relieve any person of the obligation of paying the fee required by law for filing a lien to be evidenced on a certificate of title of a motor vehicle.

History. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 1989, No. 821, § 11; 1991, No. 579, § 2; 2005, No. 2160, § 1; 2017, No. 448, § 12; 2017, No. 687, § 1.

Amendments. The 2017 amendment by No. 448, in (a)(2), substituted “implements of husbandry, mobile homes or manufactured homes as defined in § 27-14-104, and all-terrain vehicles as defined in § 27-21-102” for “implements of husbandry, as defined in § 27-14-212, all-terrain vehicles as defined in § 27-21-102, mobile homes as defined in § 27-14-207, or manufactured homes, as defined in § 27-14-207”.

The 2017 amendment by No. 687 redesignated the introductory language of (a)(1)(A) as the introductory language of (a)(1); redesignated part of (a)(1)(A)(i) as the introductory language of (a)(1)(A); added (a)(1)(A)(iii); added (a)(2)(D); and made stylistic changes.

Case Notes

In General.

The use of the words “at his option” in former similar statute clearly indicated a legislative intent to provide alternate methods for perfection of liens and for giving constructive notice. Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978) (decision under prior law).

Arkansas statutes relating to perfection of a security interest in vehicles did not require a creditor to have maintained a copy of the title, nor did statutes provide that the security interest became unperfected if the title could not be located; accordingly, the fact that the creditor could not locate the certificates of title did not affect its security interests. In re Hill, 313 B.R. 290 (Bankr. E.D. Ark. 2004).

Improper Filing.

Title retention contract was not valid against subsequent liens where contract had not been filed as required. In re Glass, 286 F. Supp. 859 (W.D. Ark. 1968) (decision under prior law).

A chattel mortgage upon a semi-trailer which the bank filed with the clerk of the circuit court but did not file with the appropriate state agency was not valid as against a transfer of the title and possession to the owner's employer to secure loans of money made by such employer to the owner. Bank of Dardanelle v. Bibler Bros., 244 Ark. 534, 426 S.W.2d 152 (1968) (decision under prior law).

Liens Dependent upon Possession.

The possession intended by former similar statute regarding a lien dependent upon possession is such open, notorious possession as will give notice to all the world of the claim. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title could not be said to be a lien dependent on possession within the meaning of former similar statute. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Cited: Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-807. Methods exclusive — Exception.

  1. The methods provided in this subchapter of giving constructive notice of a lien or encumbrance upon a registered vehicle shall be exclusive except as to liens dependent upon possession and manufactured homes or mobile homes for which the certificate of title has been cancelled under § 27-14-1603.
  2. A security interest, lien, or encumbrance on a manufactured home or mobile home for which the certificate of title has been cancelled under § 27-14-1603 shall be obtained in the same manner used to perfect a security interest, lien, or encumbrance against other real property.
  3. Any lien, or encumbrance, or title retention instrument filed as provided in this subchapter, and any documents evidencing them, are exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing title retention or other liens or encumbrances upon vehicles of the types subject to registration under this chapter.

History. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 2005, No. 1991, § 5.

Case Notes

In General.

The pluralization of the word “method” in former similar statute clearly indicated a legislative intent to provide alternate methods for perfection of liens and for giving constructive notice. Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978) (decision under prior law).

There was no merit to a trustee's claim that he was allowed under 11 U.S.C.S. § 544 to avoid liens the U.S. Government and a bank held on farm equipment owned by debtors who declared Chapter 7 bankruptcy, and on rice the debtors had harvested that was in storage, because the debtors borrowed money and executed security agreements in the name of a joint venture they created; however, neither the Government nor the bank had a secured interest in vehicles the debtors owned which had titles that did not show a lien in favor of the Government or the bank because Arkansas law provided that creditors' security interests in registered vehicles had to be shown on the vehicle's title. Bank of Eng. v. Rice (In re Webb), 520 B.R. 748 (Bankr. E.D. Ark. 2014).

Liens Dependent upon Possession.

The possession intended by former similar statute regarding a lien dependent upon possession is such open, notorious possession as will give notice to all the world of the claim. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title could not be said to be a lien dependent on possession within the meaning of former similar statute. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Cited: Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

Subchapter 9 — Transfers of Title and Registration

Effective Dates. Acts 1947, No. 416, § 4: Approved Mar. 28, 1947. Emergency clause provided: “It is found and declared that at the present time operators of vehicles for hire are subjected to discrimination in the fees charged for the replacement of such vehicles; that the Commissioner of Revenues is besieged daily by the operators of vehicles for hire to take remedial action to prevent such discriminatory practices; that owing to the present status of the law a great number of new vehicles are kept off the highways of the State of Arkansas, thus depriving the State and other participants of the revenues incident to the operation of such vehicles; that only the provisions of this act will make it possible to eliminate these discriminatory practices existing under the present law and enable large numbers of new vehicles to be put into operation; that for these reasons it is necessary for the preservation of the public peace, health and safety that this act become effective without delay. It is, therefore, declared that an emergency exists, and that this Act shall take effect and be in force from and after its passage.”

Acts 1955, No. 110, § 4: Effective on passage. Approved Feb. 25, 1955.

Acts 1967, No. 134, § 4: Feb. 23, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State do not permit a person selling a motor vehicle, or who purchases a new vehicle to replace a vehicle destroyed, to remove from the old vehicle the license plates thereon for use on the new vehicle, and this procedure works an undue hardship on the owners of motor vehicles who have paid the applicable tax for a particular license plate and wishes to retain such tag, and that the immediate passage of this Act is necessary to correct this inequity. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 465, § 26: Emergency clause failed to pass.

Acts 1981, No. 886, § 4: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that in many instances certificates of title do not exist for old junked vehicles and that salvage dealers are impeded in their ability to scrap such vehicles due to the inability to obtain a certificate of title, and that this Act is immediately necessary to allow the use of a bill of sale in place of a certificate of title in order to dispose of dangerous and unsightly junked vehicles. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 293, § 5: Mar. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Revenue Commissioner should be authorized to permit lenders to make application on behalf of their borrowers for certificates of title for motor vehicles financed by the lenders; that this Act grants such authority to the Revenue Commissioner; and that this Act should go into effect as soon as possible in order to grant the Revenue Commissioner the authority to relieve and undue burden which now exists upon motor vehicle lienholder. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 268, § 11: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that current law imposes a 10% penalty on late payment of sales or use tax on motor vehicles and trailers; that current law disallows the isolated sales exemption to a purchase of a motor vehicle or trailer; that each of these provisions are in need of clarification to ensure the original legislative intent is fulfilled; and that Sections 6 and 7 of this act should be effective immediately to prevent possible confusion among the taxpayers of this state. Therefore, an emergency is hereby declared to exist and Sections 6 and 7 of this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect immediately upon its passage and approval.”

Acts 1999, No. 1305, § 5: Apr. 9, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the failure of lienholders to release liens and encumbrances on motor vehicles in a timely manner after satisfaction of such liens or encumbrances is injurious to the motor vehicle dealers of this state and interrupts the flow of commerce in this state; that there is currently no statutory provision to require lienholders to release liens or encumbrances on motor vehicles in a timely manner upon satisfaction of such lien or encumbrance by payment in full; and that until lienholders are required to release liens or encumbrances on motor vehicles in a timely manner, the motor vehicle dealers of this state will continue to be injured. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1307, § 3: Jan. 1, 2000.

Acts 2005, No. 1175, § 2: Mar. 22, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Act 165 of 2005 eliminating the verification of vehicle identification numbers has inadvertently created the possibility that out-of-state vehicles may be titled and registered in the State of Arkansas without being present in the state or without the security interest against the motor vehicle being recorded in Arkansas; and that this act is immediately necessary to prevent citizens of the State of Arkansas from being defrauded by out-of-state sellers of motor vehicles. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 726, § 2: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current procedure for registering motor vehicles acquired by lienholders through operation of law creates the possibility that out-of-state vehicles may be titled and registered in the State of Arkansas without being present in the state or without the security interest against the motor vehicle being recorded in Arkansas; and that this act is immediately necessary to prevent citizens of the State of Arkansas from being defrauded by out-of-state sellers of motor vehicles. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Insurance — Liability of Automobile Insurer Under “Sale and Unconditional Ownership” Clause to Bona Fide Purchaser of Stolen Vehicle, 4 Ark. L. Rev. 492.

Conflict of Laws — Effect on Title of New Transaction After Unpermitted Removal of Chattel to Another State, 6 Ark. L. Rev. 223.

27-14-901. Penalty.

  1. It shall be a Class C misdemeanor for any person to fail or neglect to enter the transferee's name on a properly endorsed certificate of title, or fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled thereto.
  2. Any person found to be in possession of a vehicle with an improperly assigned title which fails to identify the transferee must immediately establish ownership of the vehicle, register the vehicle, and pay the requisite fees, taxes, and penalties.

History. Acts 1949, No. 142, § 56; A.S.A. 1947, § 75-156; Acts 1989, No. 939, § 1.

27-14-902. Transfer or assignment by owner or lessee generally.

    1. Whenever the owner or lessee of a registered vehicle transfers or assigns his or her title, or interest thereto, the registration of the vehicle shall expire.
    2. The owner or lessee shall remove the license plate or plates therefrom.
      1. The owner or lessee may have the plate or plates assigned to another vehicle upon payment of the fees required by law and subject to the rules of the Office of Motor Vehicle.
      2. Whenever the owner or lessee elects to assign the plate or plates to a replacement vehicle, the owner may display the plate or plates on the replacement vehicle prior to registering the vehicle within the time permitted by § 27-14-903 provided that the owner has complied with § 27-14-701(c).
    1. The owner or lessee shall pay a transfer fee of one dollar ($1.00).
    2. If the fee for registering and licensing the vehicle to be registered is greater than the registration fee paid for the vehicle originally licensed, then the office shall, in addition, collect an amount equal to the excess payable for the vehicle to be registered.
    3. No refund will be due in the event that the fee for registering and licensing the vehicle to be registered is less than that represented by the license to be transferred.
  1. The owner or lessee shall pay any additional fee which shall be required under the registration laws of this state.
  2. The owner shall endorse an assignment and warranty of title upon the certificate of title for the vehicle, and he or she shall deliver the certificate of title to the purchaser or transferee at the time of delivery of the vehicle, except as provided in §§ 27-14-906 and 27-14-909.

History. Acts 1949, No. 142, § 48; 1955, No. 110, § 2; 1967, No. 465, § 23; A.S.A. 1947, § 75-148; Acts 1995, No. 268, § 3; 1999, No. 461, § 1; 1999, No. 1106, § 1; 2019, No. 315, § 3094.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(3)(A).

Case Notes

Purpose.

The purpose of a registration statute is to protect bona fide purchasers of automobiles from fraudulent sales and to help identify the owners of automobiles being operated on the highway. It is not designed to change the law with regard to passage of title upon either an absolute sale or a conditional sale of a vehicle. Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957).

Bill of Sale.

Where truck owner transferred truck to attorney in payment of attorney's fees, failure of attorney to obtain the certificate of title at the time he received the bill of sale did not deprive him of title, for the certificate of title is not title itself but only evidence of it. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Forged Endorsements.

Forged endorsement on certificate of title does not pass title to purchaser. Blaylock v. Herrington, 219 Ark. 939, 245 S.W.2d 576 (1952).

Wife was not estopped from recovering her automobile from individual who secured possession by virtue of a forged endorsement on certificate by husband two days after marriage and who fled state with automobile for which he traded. Blaylock v. Herrington, 219 Ark. 939, 245 S.W.2d 576 (1952).

Noncompliance.

Lack of compliance with registration statutes does not prevent passage of title. Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957).

27-14-903. Registration by transferee — Title retention notes.

    1. The transferee of any new or used vehicle required by law to be registered shall apply for, or cause to be applied for, the registration thereof within thirty (30) days after the date of the release of lien by a prior lienholder, as provided in § 27-14-909, or thirty (30) days after the date of the transfer if no lien exists.
    2. No vehicle shall be operated upon a public street or highway for more than thirty (30) days after the release of lien by a prior lienholder, as provided in § 27-14-909, or thirty (30) days after the transfer date if no lien exists, unless a valid registration plate is properly attached thereto.
  1. A transferee shall at the same time present the certificate of title, endorsed and assigned as provided in § 27-14-902, to the Office of Motor Vehicle and make application for and obtain a new certificate of title for the vehicle, except as otherwise provided in §§ 27-14-904 and 27-14-907.
      1. It shall be unlawful for a dealer or other person who sells or finances the purchase of a vehicle subject to registration in this state to use a title retention note to secure his or her interest in the vehicle.
      2. As used in this section, a “title retention note” shall mean any instrument that grants the purchaser the right to possession and use of the vehicle, but withholds assignment of ownership on the existing certificate of title and its delivery to the purchaser, until full payment has been made by the purchaser, thereby thwarting the purchaser's ability to comply with subsection (b) of this section.
    1. It shall be a Class C misdemeanor for a motor vehicle dealer or other seller to fail to comply with the provisions of this subsection.
  2. This section is not intended to limit the rights of a lienholder to perfect or record his or her security interest in a motor vehicle pursuant to the provisions of §§ 27-14-802 and 27-14-806.

History. Acts 1949, No. 142, § 49; 1971, No. 158, § 1; 1983, No. 252, § 2; A.S.A. 1947, § 75-149; Acts 1991, No. 737, § 1; 1995, No. 268, § 1; 1999, No. 1307, § 1.

Case Notes

Construction.

This section, which makes retention of title a Class C misdemeanor, is directly at odds with § 18-45-202(b), which grants priority to a vendor only if the vendor keeps possession of the title; however, subsection (d) of this section provides that it is not intended to limit the rights of a lienholder to perfect or record his security interest. Bokker v. Hill, 327 Ark. 742, 940 S.W.2d 852 (1997).

Attachment.

Where owner of truck transferred it to his attorney by bill of sale in payment of attorney's fees, his attorney was not required to make application for a new certificate of title under this section, since he did not have physical possession of the truck as it was being held by the sheriff under attachment. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Priority of Liens.

Vendor's lien on a motor vehicle held subordinate to a mechanic's lien on the same vehicle where the vendor failed to retain title to the vehicle as required by § 18-45-202(b), even though such action is prohibited by this section. Bokker v. Hill, 327 Ark. 742, 940 S.W.2d 852 (1997).

Purchaser in Good Faith.

This section does not make a dealer who obtains title for a purchaser the agent of the purchaser so that the purchaser would be charged with knowledge of the dealer which would prevent the purchaser from being a purchaser in good faith. Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969).

Cited: Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957); In re Shiflet, 240 F. Supp. 183 (E.D. Ark. 1965); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-904. Transfers to dealers.

  1. When the transferee of a used vehicle is a dealer who holds it for resale and lawfully operates it under dealers' number plates or does not drive the vehicle or permit it to be driven upon the highways, the dealer shall not be required to obtain a new registration for the vehicle or be required to forward the certificate of title to the Office of Motor Vehicle, but the dealer, upon transferring his or her title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver it to the person to whom the transfer is made, except as provided in § 27-14-906.
  2. No one in this state other than a dealer licensed by the Arkansas Motor Vehicle Commission as a dealer in new motor vehicles, shall enter an assignment, or reassignment, of ownership on a manufacturer's certificate of origin to a motor vehicle. Any dealer in this state not licensed by the commission as a dealer in new motor vehicles who acquires a motor vehicle through an assignment or reassignment of ownership on a manufacturer's certificate of origin shall deliver the manufacturer's certificate of origin to the office and apply for registration and issuance of a certificate of title to the motor vehicle as required by § 27-14-903. A first violation of this section by any person shall constitute a Class A misdemeanor. A second violation of this section by any person shall constitute a Class D felony. A licensed used motor vehicle dealer who violates the provisions of this section shall also be deemed to have violated the provisions of the Used Motor Vehicle Buyers Protection Act, § 23-112-601 et seq.

History. Acts 1949, No. 142, § 50; A.S.A. 1947, § 75-150; Acts 1989, No. 251, § 2; 1997, No. 998, § 1.

Case Notes

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969).

27-14-905. [Repealed.]

Publisher's Notes. This section, concerning notice of transfer, was repealed by Acts 1989, No. 251, § 3. The section was derived from Acts 1949, No. 142, § 53; 1971, No. 469, § 2; A.S.A. 1947, § 75-153.

27-14-906. Dealer and lienholder applications for registration and title certificates.

  1. The Secretary of the Department of Finance and Administration may permit lienholders and motor vehicle dealers to make applications for registration and certificates of title and to furnish them to the Office of Motor Vehicle on behalf of the purchaser of a new or used motor vehicle.
  2. The secretary shall promulgate reasonable rules to be complied with by motor vehicle dealers and lienholders in making application for registration and certificates of title on behalf of purchasers of new or used motor vehicles and may, if the secretary deems necessary, require the dealer or lienholder to post bond to ensure faithful compliance with the rules.
    1. Any motor vehicle dealer or lienholder who has been authorized by the secretary to prepare applications for registration and certificates of title with respect to new or used motor vehicles shall transmit the applications to the secretary and shall attach thereto a copy of any conditional sales contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon the motor vehicle.
    2. Upon receipt of the documents under subdivision (c)(1) of this section, the secretary shall file a lien and encumbrance, as provided in § 27-14-801 et seq., which from the date of filing shall be notice of the lien or encumbrance.
  3. On issuing the registration and certificate of title, the secretary shall mail the registration to the owner and the title to the lienholder, or to the owner if no lien exists.
  4. If the failure of a motor vehicle dealer or other lienholder to comply with the provisions of § 27-14-802 or § 27-14-806 results in the motor vehicle dealer or lienholder holding an unperfected security interest in the motor vehicle, no action shall lie against the Department of Finance and Administration for any damages resulting from the failure to perfect a security interest.

History. Acts 1949, No. 142, § 53; 1971, No. 469, § 2; A.S.A. 1947, § 75-153; Acts 1989, No. 251, § 1; 1991, No. 293, § 1; 2017, No. 448, § 13; 2019, No. 910, § 4533.

Amendments. The 2017 amendment substituted “director” for “commissioner” throughout the section; substituted “The Director of the Department of Finance and Administration may” for “The Commissioner of Motor Vehicles is authorized to” in (a); in (b), deleted “and regulations” following “rules” two times, and substituted “the director deems” for “he or she deems it”; substituted “of the documents under subdivision (c)(1) of this section” for “thereof” in (c)(2); and made stylistic changes.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” throughout the section.

Case Notes

In General.

Fact that debtor failed to take proper steps to obtain a new certificate of title for vehicle that listed creditor as lienholder did not entitle creditor to an equitable lien; Arkansas law allowed creditor to apply for a title on behalf of debtor and, thus, creditor had the means to protect its interests but failed to do so. In re Shelby, 313 B.R. 292 (Bankr. E.D. Ark. 2004).

27-14-907. Transfer by operation of law — Definition.

    1. Whenever the title or interest of an owner in or to a registered vehicle shall pass to another by a method other than voluntary transfer, the registration of the vehicle shall expire, and the vehicle shall not be operated upon public streets or highways for more than thirty (30) days after the transfer date unless a valid registration plate is attached thereto.
    2. In the event that title has become vested in the person holding a lien or encumbrance upon the vehicle, the person may apply to the Office of Motor Vehicle for, and obtain, special plates as may be issued under this chapter to dealers and may operate any repossessed vehicle under such special plates only for purposes of transporting it to a garage or warehouse or for purposes of demonstrating or selling it.
    1. Upon any such transfer, the new owner may either secure a new registration and certificate of title, upon proper application and upon presentation of:
      1. The last certificate of title, if available;
      2. Evidence that the lien or encumbrance was previously recorded in the State of Arkansas or that the motor vehicle is physically present in the State of Arkansas; and
      3. Such instruments or documents of authority, or certified copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such case.
      1. If the motor vehicle to be registered was last registered in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title may not be issued to the new owner under this section. Instead, the new owner may secure a new registration and certificate of title only by obtaining an order issued by a court of competent jurisdiction directing the new registration and certificate of title.
      2. The provisions of subdivision (b)(2)(A) of this section do not apply to a motor vehicle that was last sold by a motor vehicle dealer licensed in Arkansas or another state to an Arkansas purchaser and the Arkansas purchaser failed to register the vehicle in this state. The lienholder of that vehicle may obtain a title under this section upon presentation of:
        1. The last certificate of title, if available;
        2. A copy of the instrument creating or evidencing the lien or encumbrance that reflects the name and address of the Arkansas resident purchaser of the motor vehicle; and
        3. Instruments or documents of authority, or copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to the motor vehicle.
      1. The provisions of subdivision (b)(2)(A) of this section do not apply to a motor vehicle to be sold by an auto auction if:
        1. The auto auction is located in Arkansas; and
        2. The auto auction has a written agreement with the repossessing lienholder to sell repossessed motor vehicles at the auto auction.
      2. The exception provided under subdivision (b)(3)(A) of this section shall not apply unless the repossessing lienholder submitted along with the application for registration for the motor vehicle an affidavit, on a form prescribed by the office, affirming that the motor vehicle would be offered for sale by the auto auction with whom the lienholder has made the agreement.
      3. For purposes of this section, “auto auction” means:
        1. A person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between licensed motor vehicle dealers;
        2. A motor vehicle dealer licensed to sell used motor vehicles, or selling motor vehicles using an auction format but not on consignment; and
        3. A person who provides the facilities for or is in the business of selling motor vehicles in an auction format.
      4. The office may request information from the auto auction as necessary to verify the exception provided under subdivision (b)(3)(A) of this section.
    2. The new owner, upon transferring his or her title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies thereof, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.
  1. The Secretary of the Department of Finance and Administration shall have the power to adopt rules to establish what documents or evidence are required to verify that a lien or encumbrance holder or his or her assignee has complied with this section.

History. Acts 1949, No. 142, § 51; 1983, No. 252, § 3; A.S.A. 1947, § 75-151; Acts 1995, No. 268, § 2; 1999, No. 1307, § 2; 2005, No. 1175, § 1; 2015, No. 726, § 1; 2017, No. 448, § 14; 2019, No. 910, § 4534.

Amendments. The 2015 amendment inserted present (b)(2) and (b)(3), and redesignated former (b)(2) as (b)(4).

The 2017 amendment, in (c), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and deleted “regulations or” preceding “rules”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

Research References

Ark. L. Rev.

Creditors' Provisional Remedies and Debtors' Due Process Rights: Statutory Liens in Arkansas, 32 Ark. L. Rev. 185.

Nickles, A Localized Treatise on Secured Transactions — Part II: Creating Security Interests, 34 Ark. L. Rev. 559.

Case Notes

Effect of Certificate on Security Interest.

It is the intention of the statutes to allow the security interest in a vehicle perfected in a state other than Arkansas by required notation on a certificate of title issued by that state to remain perfected in this state for a period of four months and so long thereafter as no certificate of title is issued by this state. Strick Corp. v. Eldo-Craft Boat Co., 479 F. Supp. 720 (W.D. Ark. 1979).

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969).

27-14-908. Assignment by lienholder.

  1. Any person holding a lien or encumbrance upon a vehicle, other than a lien dependent solely upon possession, may assign his or her title or interest in or to the vehicle to a person other than the owner without the consent of the owner, and without affecting the interest of the owner or the registration of the vehicle, but in such event, he or she shall give to the owner a written notice of the assignment.
  2. The Office of Motor Vehicle, upon receiving a certificate of title assigned by the holder of a lien or encumbrance shown thereon and giving the name and address of the assignee, shall issue a new certificate of title as upon an original application.

History. Acts 1949, No. 142, § 54; A.S.A. 1947, § 75-154.

Case Notes

Generally.

Uniform Commercial Code (UCC) adopted by the General Assembly and the commentary state that the language used in this section should be read as permissive and the overall scheme of the UCC should be followed if at all possible; the general rule under the UCC is that no further action need be taken to continue perfection when dealing with assignments. Reading the UCC and the Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq, together, the U.S. Bankruptcy Court for the Eastern District of Arkansas cannot infer that the General Assembly meant that failure to comply with this section would result in an assigned lien in a motor vehicle being unperfected; Arkansas law does not require the assignee's name to appear on the certificate of title to maintain perfection of an existing lien in a vehicle. In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009).

This section, which addresses assignments of vehicle liens, is not in subchapter 8 (§§ 27-14-80127-14-807). This section is found in subchapter 9 which does not deal with or even mention the issue of perfection; rather, it gives a lien holder the right to assign a lien and requires the Office of Motor Vehicle to issue a new certificate of title upon receiving the assigned certificate of title. In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009).

Where a creditor properly perfected its lien in a mobile home, an assignee of that lien need not take any further action for the lien to remain perfected under Arkansas law. Williams v. JP Morgan Chase Bank USA, N.A. (In re Granderson), — B.R. —, 2009 Bankr. LEXIS 3485 (Bankr. E.D. Ark. Nov. 4, 2009).

27-14-909. Release of lien by lienholder — Disclosure of information.

  1. For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment under § 4-4-215.
    1. Upon the satisfaction of any lien or encumbrance on a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title.
    2. Upon the satisfaction of a lien or encumbrance on a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of lien or encumbrance in the form the office prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.
  2. This section shall not be construed to apply to manufactured housing or mobile homes.
  3. A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured.
    1. Any lienholder who fails to comply with subsection (b) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (b) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien.
    2. If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.

History. Acts 1949, No. 142, § 55; 1959, No. 307, § 10; A.S.A. 1947, § 75-155; Acts 1999, No. 1305, § 1; 2007, No. 589, § 1.

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Rev.

Leary and Sperling, The Outer Limits of Entrusting, 35 Ark. L. Rev. 50.

27-14-910. Reregistration — File.

  1. The Office of Motor Vehicle, upon receipt of a properly endorsed certificate of title and proper application for registration accompanied by the required fee, and when satisfied as to the genuineness and regularity of the transfer and of the right of the transferee to a certificate of title, shall reregister the vehicle as upon a new registration in the name of the new owner and issue a new certificate of title as upon an original application.
  2. The office shall retain and appropriately file every surrendered certificate of title, the file to be so maintained as to permit the tracing of title of the vehicle designated therein.

History. Acts 1949, No. 142, § 52; A.S.A. 1947, § 75-152.

27-14-911. Transferor not liable for negligent operation.

The owner of a motor vehicle who has made a bona fide sale or transfer of his or her title or interest and who has delivered possession of the vehicle to the purchaser or transferee shall not be liable for any damages thereafter resulting from negligent operation of the vehicle by another. Furthermore, the selling or transferring owner, upon delivery of possession, shall not be liable for any such damage or negligence if one (1) of the following requirements is fulfilled:

  1. Delivered the certificate of title, properly endorsed and dated with the date of the endorsement, to the purchaser or transferee;
  2. Delivered to the Office of Motor Vehicle or placed in the United States mail, addressed to the office, the notice as provided in § 27-14-916; or
  3. Delivered to the office or placed in the United States mail, addressed to the office, the appropriate documents and fees for registration of the motor vehicle to the new owner pursuant to the sale or transfer.

History. Acts 1949, No. 142, § 57; A.S.A. 1947, § 75-157; Acts 2001, No. 450, § 1.

Case Notes

Jury Question.

Whether the driver who allegedly bought the car before a mishap or the alleged owner in whose name the car was registered at the time of the mishap is the true owner was properly submitted to the jury. Rook v. Moseley, 236 Ark. 290, 365 S.W.2d 718 (1963).

Cited: Bradley v. French, 297 Ark. 567, 764 S.W.2d 605 (1989).

27-14-912. Dismantling or wrecking vehicles.

Any owner dismantling or wrecking any registered vehicle shall immediately forward to the Office of Motor Vehicle the certificate of title, registration certificate, and the license plate last issued for the vehicle, if available.

History. Acts 1949, No. 142, § 58; 1981, No. 886, § 2; A.S.A. 1947, § 75-158.

27-14-913. Sale of motor vehicles to be dismantled, etc.

  1. Any owner who sells a motor vehicle to be used as scrap or to be dismantled or destroyed shall assign a certificate of title thereto to the purchaser and shall deliver the certificate, as assigned, to the Office of Motor Vehicle with a notice that the vehicle is to be dismantled.
    1. If the motor vehicle has been in existence for at least twenty-five (25) years and a certificate of title is not available, the purchaser shall deliver a bill of sale in lieu of the certificate of title to the office.
      1. The bill of sale shall identify the make, model, and serial number of the motor vehicle, and this information shall be verified by a municipal police officer's, sheriff's, or deputy sheriff's signature on the bill of sale.
        1. The verifying law enforcement officer shall cause the bill of sale to be forwarded to the office, and for such service the city or county, as the case may be, shall receive a five dollar ($5.00) fee, which shall be placed in the city or county general fund.
        2. The office shall thereupon cancel the certificate of title to the motor vehicle and record the notice that the motor vehicle is to be dismantled, which shall authorize the person to possess or transport the motor vehicle or to transfer ownership thereto by endorsement on the bill of sale.
  2. A certificate of title shall not again be issued for a vehicle for which a notice of intent to dismantle has been recorded, except upon certification within ninety (90) days of the date of filing, from the person filing the notice, that the notice of intent to dismantle was filed in error.
  3. The term “motor vehicle”, as used in this section, shall not be applicable to any vehicle which meets each and every one of the following conditions:
    1. Is so badly damaged or deteriorated as to be inoperable;
    2. Is not equipped with parts and accessories which are essential to the operation of a motor vehicle;
    3. Does not have a current license plate or plates;
    4. Is over ten (10) years of age;
    5. Is not equipped with a gas tank;
    6. Is not equipped with tires; and
    7. Has no value except as junk.

History. Acts 1949, No. 142, § 59; 1959, No. 307, § 8; 1981, No. 886, § 1; A.S.A. 1947, § 75-159; Acts 1997, No. 809, § 3; 2001, No. 328, § 1; 2013, No. 560, § 1.

Amendments. The 2013 amendment substituted “the motor vehicle has been in existence for at least twenty-five (25) years and a certificate of title is not available” for “the motor vehicle is at least ten (10) years old and no certificate of title is available” in (b)(1).

Cross References. Penalty for violation this section, § 27-50-305.

27-14-914. Transfer of license plates and registration from one vehicle to another.

    1. When the owner of any motor vehicle, excepting Class One trucks and passenger automobiles other than buses, registered and licensed in this state, shall sell or transfer the motor vehicle or when the motor vehicle has been destroyed so as to be unfit for repair or further use, and the owner shall replace the vehicle with another motor vehicle requiring payment of the same registration or license fee, the owner may, at his or her election, transfer the license plate and registration of the vehicle being so disposed of to the vehicle acquired as a replacement thereof, upon payment to the Secretary of the Department of Finance and Administration of a transfer fee of ten dollars ($10.00) per vehicle.
    2. If at the time of transfer the replacement vehicle shall require payment of a larger license fee than the vehicle transferred, the owner shall pay the difference in addition to the transfer fee.
    3. The owner may elect not to transfer the registration and license plate, in which event the transfer of the vehicle shall be governed as provided by law.
  1. The secretary shall provide suitable forms to enable owners electing to do so to transfer license plate or plates and registration and make payment of the fee provided in this section and shall be empowered to make reasonable rules governing these transfers.

History. Acts 1967, No. 134, §§ 1, 2; A.S.A. 1947, §§ 75-287, 75-288; Acts 2019, No. 315, § 3095; 2019, No. 910, §§ 4535, 4536.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (b).

27-14-915. Transfer of license on vehicles for hire.

  1. When the owner of a vehicle licensed to operate for hire takes the vehicle out of the for-hire service, the Secretary of the Department of Finance and Administration, upon the payment of a transfer charge of two dollars ($2.00), will cause the license for the vehicle to be transferred to another vehicle for like use to be registered by the owner.
  2. If the fee for registration and licensing the vehicle under registration is greater than that represented by the license to be transferred, then the secretary shall, in addition, collect an amount equal to the excess payable for the vehicle under registration.
  3. No refund will be due in the event that the fee for registration and licensing the vehicle under registration is less than that represented by the license to be transferred.
    1. Upon the transfer of a license, the secretary will cause to be cancelled all registrations on the vehicle taken out of for-hire service.
    2. In the event the vehicle is thereafter used upon the highways of the State of Arkansas, the owner thereof must cause it to be reregistered in the usual manner.

History. Acts 1947, No. 416, §§ 1, 2; A.S.A. 1947, §§ 75-207, 75-208; Acts 2019, No. 910, §§ 4537, 4538.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (d)(1).

27-14-916. Notice of sale or transfer.

  1. Whenever the owner of a motor vehicle registered under this chapter sells or transfers title or interest in and delivers the possession of the motor vehicle to another person, the owner may notify the Office of Motor Vehicle of the sale or transfer.
  2. The notice shall provide the following information:
    1. The date of the sale or transfer;
    2. The name and address of the owner and of the transferee;
    3. The vehicle identification number; and
    4. A description of the vehicle.
  3. If the registered owner is not in possession of the motor vehicle that is sold or transferred, the person in physical possession of that motor vehicle may give the notice authorized by subsection (a) of this section. If the registered owner sells or transfers the vehicle through a motor vehicle dealer conducting an auto auction, the owner may furnish the information required by subsection (b) of this section to that dealer.

History. Acts 2001, No. 450, § 2.

27-14-917. Time requirements for payment of lien or encumbrance.

  1. As used in this section:
    1. “Customer” means a person who trades in or otherwise provides a vehicle to a motor vehicle dealer for resale;
    2. “Motor vehicle dealer” means a motor vehicle dealer as defined in § 23-112-103 or a used motor vehicle dealer as defined in § 23-112-103; and
    3. “Subsequent purchaser” means a person who buys the vehicle that was provided to the motor vehicle dealer as a trade-in or for resale by the customer.
    1. If a motor vehicle dealer takes possession of a vehicle for purposes of resale and there is an outstanding lien or encumbrance on the vehicle, the motor vehicle dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motor vehicle dealer takes possession of the vehicle from the customer.
    2. This time period may be shortened if the customer and the motor vehicle dealer agree to a shorter time period.
    1. If the motor vehicle dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motor vehicle dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motor vehicle dealer.
    2. If the contract for sale is cancelled pursuant to subdivision (c)(1) of this section, the motor vehicle dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.
  2. If the motor vehicle dealer sells the vehicle to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the vehicle subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motor vehicle dealer.

History. Acts 2009, No. 455, § 1.

Subchapter 10 — Permanent Automobile Licensing Act

A.C.R.C. Notes. References to “this subchapter” in §§ 27-14-100127-14-1020 may not apply to § 27-14-1021 which was enacted subsequently.

Effective Dates. Acts 1967, No. 465, § 26: Emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present system of registration and licensing of motor vehicles is cumbersome, expensive, and time consuming; that each year thousands of dollars of tax monies are expended unnecessarily by the State of Arkansas for the salaries of the additional employees to process and issue licenses for motor vehicles; that a less expensive and more simplified system would substantially reduce the administrative cost of such system; that many people in this State desire personalized license plates and are willing to pay an additional fee to obtain such license plates and that this would increase the annual revenues of this State; that the Sixty-Sixth General Assembly has voted to extend the present Legislative Session without specifying a date for sine die adjournment thus, in effect, holding in abeyance all legislation not containing an emergency clause until ninety (90) days after the sine die adjournment of said Session; and that in order to institute an inexpensive, timesaving and simplified system of motor vehicle registration and licensing, and to make available to the State additional revenues without a general tax increase, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1968 (1st Ex. Sess.), No. 41, § 3: Feb. 20, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law providing for penalties for failure to register a motor vehicle with the Department of Revenues is based on the old system of registering said motor vehicles between January 1 and January 31; that under Act 465 of 1967, commonly known as the Permanent Automobile Licensing Act of 1967, a system was enacted to provide for the registration of motor vehicles during the entire year; that the Department of Revenues is now operating under the Permanent Automobile Licensing Act of 1967; and that in order to apply proper penalties to the Permanent Automobile Licensing Act of 1967, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist, and this act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 691, § 3: Apr. 3, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the practice currently followed in registering vehicles, if a person purchases a vehicle and applies for registration thereof within the first fifteen (15) days of any month, the decals issued to such person for evidencing registration period are decals for the previous month, and as a result such person loses a portion of the annual registration fee; that it is in the best interest of the citizens of this State that the law be revised to provide that decals issued to a person to evidence the registration period of a vehicle be for the current month in which application is made for registration regardless of the day of the month in which application is made; that this Act is immediately necessary to insure that residents of this State will receive a full one (1) year registration for the annual registration fee paid on any vehicle and should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1200, § 6: Feb. 11, 1976. Emergency clause provided: “It is hereby found and determined that it is essential to the industrial, commercial and economic well being of Arkansas communities served by railroad companies undergoing reorganization pursuant to the Federal Bankruptcy Act that these companies be authorized to continue full services to the affected communities pending final reorganization. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 1000, § 6: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1200 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1261, § 4: Jan. 1, 1994.

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 2017, No. 532, § 10: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the present system for registering commercial motor vehicles is inconvenient, expensive, unduly time-consuming, and lacks the software capabilities offered by comparable systems in other states to facilitate the registration process electronically. In order to make the Arkansas Motor Carrier System operational on or before January 1, 2018 as required by this act, the Department of Finance and Administration must be authorized to immediately commence planning, programming, and promulgating the necessary rules, regulations, and procedures pertaining to the necessary system enhancements, These enhancements are estimated to take more than six (6) months to complete. Moreover, due to the lack of clarity in current law, commercial motor carriers currently face potential unwarranted liability for acts or omissions involving license plates and registrations. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1001. Title.

This subchapter may be cited as the “Permanent Automobile Licensing Act of 1967”.

History. Acts 1967, No. 465, § 1; A.S.A. 1947, § 75-133.11.

27-14-1002. Definitions.

  1. As used in this subchapter:
    1. “Class One trucks” includes trucks of Class One as defined in § 27-14-601(a)(3), but excludes trailers and semitrailers of that class;
    2. “Commercial motor vehicle” includes motor buses, motor buses in interstate or intrastate operations, trucks, tractors, trailers, and semitrailers of Class Two, Class Three, Class Four, Class Five, Class Six, Class Seven, and Class Eight, as provided in § 27-14-601(a)(3), and trailers and semitrailers in Class One of § 27-14-601(a)(3);
    3. [Repealed.]
    4. “Passenger motor vehicle” includes all other vehicles except as defined in subdivision (a)(2) of this section and except Class One trucks;
    5. “Proper application” consists of a completed application form which meets all of the requirements relevant to securing a motor vehicle license, including the submission of proper fees within the required time; and
    6. “Tab or decal” is an attachable material of such form and substance as the Secretary of the Department of Finance and Administration may prescribe by rule.
  2. Other terms as used in this subchapter are used in accordance with the Motor Vehicle Code contained in this title.

History. Acts 1967, No. 465, § 2; A.S.A. 1947, § 75-133.12; Acts 2017, No. 448, § 15; 2019, No. 315, § 3096; 2019, No. 910, § 4539.

Publisher's Notes. Chapters 14 and 15 of this title may be considered as the “Motor Vehicle Code” of Arkansas.

Amendments. The 2017 amendment repealed (a)(3).

The 2019 amendment by No. 315 deleted “or regulation” following “rule” in (a)(6).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(6).

27-14-1003. Applicability.

All passenger motor vehicles and Class One trucks shall be subject to the provisions of this subchapter.

History. Acts 1967, No. 465, § 3; A.S.A. 1947, § 75-133.13.

27-14-1004. Penalties.

  1. Any person failing to comply with the provisions of this subchapter by operating a passenger motor vehicle, as set forth and described in § 27-14-1002(a), or by operating a Class One truck, as set forth and described in § 27-14-1002(a), which is subject to registration under the laws of this state on any street, road, or highway in the State of Arkansas without having first registered the motor vehicle with the Office of Motor Vehicle, in the manner and within the period required by law or rules of the Secretary of the Department of Finance and Administration, shall be required to pay a penalty of three dollars ($3.00) for each ten (10) days, or fraction thereof, for which he or she fails properly to register the vehicle until the penalty reaches the same amount as the annual license fee of the vehicle to be registered.
  2. No penalty shall be assessed if the owner or operator of a vehicle makes an affidavit to the effect that the vehicle has not been operated on any street, road, or highway in the State of Arkansas after the time set for registering the motor vehicle with the office.
  3. If the affidavit shall be false, the making of the affidavit shall constitute a misdemeanor and shall be punishable by a fine of from two hundred fifty dollars ($250) to five hundred dollars ($500).

History. Acts 1967, No. 465, § 8; 1968 (1st Ex. Sess.), No. 41, § 1; A.S.A. 1947, § 75-133.18; Acts 2019, No. 315, § 3097; 2019, No. 910, § 4540.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Case Notes

Cited: Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-1005. Failure to affix or display license plates, etc.

  1. The failure of the motor vehicle owner to affix and display the permanent license plates, the tab or decal, or the registration card, in the places designated by the Secretary of the Department of Finance and Administration, shall be a misdemeanor subject to the penalties provided by § 27-14-301.
  2. The owner of a commercial motor vehicle registered with the International Registration Plan is not required to affix or display a tab or decal on a commercial motor vehicle's license plate.

History. Acts 1967, No. 465, § 19; A.S.A. 1947, § 75-133.29; Acts 2017, No. 532, § 8; 2019, No. 910, § 4541.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2017 amendment designated the existing language as (a); and added (b).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Case Notes

Cited: Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-1006. Authority to issue permanent license plate subject to replacement.

  1. The Secretary of the Department of Finance and Administration is authorized to issue to the owner of a vehicle subject to this subchapter a permanent license plate subject to replacement at the request of the owner because of theft, loss, wear, or mutilation, or at the discretion of either the Director of the Division of Arkansas State Police or the secretary.
  2. Nothing in this section shall be construed as amending or altering § 27-14-602 or § 27-14-720.

History. Acts 1967, No. 465, § 4; A.S.A. 1947, § 75-133.14; Acts 2019, No. 910, § 4542.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” twice and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police”.

27-14-1007. Issuance of license plate.

Upon registration, the owner of every vehicle of a type subject to the provisions of this subchapter shall receive a permanent license plate issued by the Secretary of the Department of Finance and Administration upon the payment of the fees required by law.

History. Acts 1967, No. 465, § 6; A.S.A. 1947, § 75-133.16; Acts 2019, No. 910, § 4543.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1008. Issuance of permanent reflectorized license plates.

    1. The Secretary of the Department of Finance and Administration is authorized to issue permanent reflectorized license plates in such form as he or she shall prescribe.
    2. These license plates shall be attached to motor vehicles in such manner as he or she shall prescribe.
    3. Each reflectorized license plate so issued by the secretary shall have imprinted thereon a multicolor reflectorized graphic design or logo in such a manner and of such design as he or she shall prescribe which will promote tourism and improve public relations inside and outside the State of Arkansas.
  1. No identical license plates shall be issued for more than one (1) vehicle.
  2. All license plates that have been issued prior to the enactment of this section shall be replaced by the secretary with license plates that shall conform to this subchapter and be attached to motor vehicles during a replacement or recycle period beginning not earlier than January 1, 1980, nor later than January 31, 1981.

History. Acts 1967, No. 465, § 14; 1977, No. 367, § 1; 1979, No. 744, § 1; A.S.A. 1947, § 75-133.24; Acts 2019, No. 910, §§ 4544-4546.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(3) and (c).

27-14-1009. Issuance of special personalized license plate.

    1. The Secretary of the Department of Finance and Administration shall provide for and issue a special personalized license plate for passenger motor vehicles.
    2. The special personalized license plate shall be issued in lieu of the standard license plate for vehicles, upon application therefor and the payment of a fee of twenty-five dollars ($25.00) per year in addition to the regular registration fee prescribed for the vehicle to which the special plate is to be attached.
      1. The color of the background and color of the numbers or letters on the special personalized license plate shall be identical to the colors on the standard permanent plate issued.
      2. The secretary, in his or her discretion, may limit the number of characters or the context in which they appear on the license plate.
  1. No identical special personalized license plate shall be issued for more than one (1) vehicle.
    1. In the event the owner does not desire to renew his or her special personalized license plate, he or she shall surrender the special personalized license plate at the time of renewal of registration.
    2. The willful failure or neglect thereof shall be a misdemeanor.
  2. The secretary may adopt rules concerning the issuance of a special personalized license plate.

History. Acts 1967, No. 465, § 15; A.S.A. 1947, § 75-133.25; Acts 2019, No. 315, § 3098; 2019, No. 910, §§ 4547-4549.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (d).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(3)(B) and (d).

Cross References. Specific personalized license plates, §§ 27-15-101 et seq. and 27-24-101 et seq.

27-14-1010. Registration certificate.

  1. The Secretary of the Department of Finance and Administration shall issue to each owner of a motor vehicle subject to this subchapter a registration certificate which must be kept in the motor vehicle in the place prescribed by the secretary.
  2. The willful failure or neglect to comply with the provisions of this section shall be a misdemeanor.

History. Acts 1967, No. 465, § 21; A.S.A. 1947, § 75-133.31; Acts 2019, No. 910, § 4550.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

27-14-1011. Registration on monthly-series basis — Renewal periods.

    1. The Secretary of the Department of Finance and Administration shall establish a system of registration on a monthly-series basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the twelve (12) months of the calendar year.
    2. The secretary may set the number of renewal periods within the month from one (1) each month to one (1) each day of the month depending on which system is most economical and best accommodates the public.
  1. If the secretary elects to use monthly renewal periods, when a person applies for the registration of a vehicle and the issuance of a permanent license plate, the decals issued by the secretary for attachment to the permanent license plates to evidence the registration period shall be decals for the current month in which application is made for registration, regardless of the day of the month on which application is made.
  2. The secretary shall, upon request, assign to any owner of two (2) or more vehicles the same registration period.
  3. Registration shall be valid for one (1) year from the date thereof and shall continue from year to year thereafter as long as renewed each year within the time required by law.
  4. The secretary shall establish a system to allow owners to renew their motor vehicle registrations by facsimile machine and to charge their fees to credit cards. The secretary shall obtain a number of facsimile machines and publish the telephone numbers of these machines and make agreements with credit card companies so as to best accommodate the public.

History. Acts 1967, No. 465, § 5; 1975, No. 691, § 1; A.S.A. 1947, § 75-133.15; Acts 1991, No. 1005, § 1; 2019, No. 910, § 4551.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” throughout the section.

Case Notes

Cited: Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-1012. Applications for registrations or renewals.

    1. An applicant may apply, in person or by mail, for the issuance of permanent license plates to the revenue office in the county where he or she resides or to the Secretary of the Department of Finance and Administration.
    2. After the issuance of a permanent license plate, an applicant may apply for renewal by:
      1. Transmitting the required documents and the registration fee by mail to the applicant's local revenue office or to the secretary;
      2. Transmitting the required information electronically using the electronic online registration process provided by the Department of Finance and Administration and authorizing the registration fee to be charged to the applicant's credit card; or
      3. Providing the required information using the telephone registration process provided by the department and authorizing the registration fee to be charged to the applicant's credit card.
    1. Not less than thirty (30) days before the expiration of the license, the secretary shall notify the owner of a registered motor vehicle subject to this subchapter.
    2. The notice shall be sent by:
      1. Regular mail to the most recent address of the owner of the motor vehicle as the owner's name and address appear on the records of the Office of Motor Vehicle as the address provided at the last registration or reported as a change of address as required by § 27-14-1019; or
      2. Email to the email address provided to the secretary by the motor vehicle owner in connection with a consent to receive the annual motor vehicle registration renewal notice by email.
  1. A proper application for registration or renewal by mail must be postmarked not later than fifteen (15) days before the date for renewal to allow time for processing.
  2. The secretary is authorized to impose a first class postage fee for handling the issuance of all new licenses or renewals by mail and to impose an additional fee to recover any credit card fees charged by credit card companies.

History. Acts 1967, No. 465, § 16; A.S.A. 1947, § 75-133.26; Acts 1991, No. 1005, § 2; 1993, No. 1261, § 3; 1999, No. 461, § 2; 2011, No. 67, § 1; 2019, No. 910, §§ 4552-4556.

Amendments. The 2011 amendment substituted “to the revenue office” for “or renewal of license collector” in (a)(1); deleted “transmitting copies of the required documents by facsimile machine over the telephone lines and by authorizing the registration fee and any additional handling fee imposed to be charged to his or her credit card” in (a)(2); added (a)(2)(A) through (C); added (b)(2); deleted “at the last address of the owner of the motor vehicle as such owner's name and address appear on the records of the Office of Motor Vehicle, but the director is not required to go beyond the face of the last registration statement” at the end of (b)(1); and deleted (c)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” throughout the section.

27-14-1013. Renewals of registration.

The owner of any permanent license plate issued by the Secretary of the Department of Finance and Administration may renew his or her registration:

  1. In person or by mail at a county revenue office or with the secretary;
  2. Electronically, using the electronic online registration process provided by the Department of Finance and Administration; or
  3. By telephone, using the telephone registration process provided by the department.

History. Acts 1967, No. 465, § 7; A.S.A. 1947, § 75-133.17; Acts 1991, No. 1005, § 3; 2011, No. 67, § 2; 2019, No. 910, §§ 4557, 4558.

Amendments. The 2011 amendment subdivided part of the former paragraph as (1); added (2) and (3); and, in (1), deleted “or, where available, by facsimile machine transmission during any day from forty-five (45) days prior to the date on which his or her registration shall expire” following “or with the director” and deleted the last sentence.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language; and substituted “secretary” for “director” in (1).

Case Notes

Cited: Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-1014. Application forms for renewals of registration.

    1. The Secretary of the Department of Finance and Administration shall send application forms for all renewals of registration under this subchapter by:
      1. Regular mail sent to the most recent address of the owner of the motor vehicle as the owner's name and address appear on the records of the Office of Motor Vehicle; or
      2. Email sent to the address provided to the secretary by the motor vehicle owner in connection with a consent to receive the annual motor vehicle registration renewal notice and application forms by email.
    2. The secretary shall not be required to go beyond the face of the last registration.
  1. The failure of an owner to receive notice of expiration of his or her motor vehicle license shall not be construed as an extenuating circumstance for the failure of a motor vehicle owner to renew his or her license on time.

History. Acts 1967, No. 465, § 20; A.S.A. 1947, § 75-133.30; Acts 2011, No. 67, § 3; 2019, No. 910, §§ 4559-4561.

Amendments. The 2011 amendment, in (a)(1), substituted “shall send” for “shall mail” and “by” for “to the last address of the owner of the motor vehicle as the owner's name and address appear on the records of the Office of Motor Vehicle”; and added (a)(1)(A) and (B).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(1)(B) and (a)(2).

27-14-1015. Payment of personal property taxes and listing for assessment required.

  1. The owner of every vehicle subject to registration in Arkansas shall assess the vehicle with the county tax assessor in the county where required by law and within the time required by law.
    1. The county tax assessor and county tax collector shall provide to the Secretary of the Department of Finance and Administration updates to the state vehicle registration system to indicate whether or not the owner of each vehicle registered in the county has assessed the vehicle and owes no delinquent personal property taxes.
    2. The provisions of this section shall not apply to vehicles assessed by the Tax Division of the Arkansas Public Service Commission and registered under the provisions of the International Registration Plan, nor shall the provisions of this section apply to vehicles owned by the state, public schools, or political subdivisions of this state or any other vehicles which are not subject to annual assessment and payment of personal property taxes.
    3. The secretary shall provide free of charge to each county assessor and to each county collector in this state, such additional computer hardware, software, and telecommunications links as he or she deems are essential to allow the county assessors and collectors to electronically forward to the Department of Finance and Administration updates to the vehicle registration system for the purposes of adding, changing, or removing information identifying vehicles which have been assessed within the time frame required by law, and vehicles for which the owners have paid personal property taxes within the time frame required by law.
  2. There is hereby levied a new fee of two dollars and fifty cents ($2.50) for the sale of each annual license plate validation decal for a motor vehicle. This new fee shall be collected by the secretary at the same time the vehicle registration fees imposed by § 27-14-601 are collected. However, this new decal fee shall be accounted for separately from the registration fee. The amount shall be mandatory and is collected for the purpose of extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes.
    1. One dollar and fifty cents ($1.50) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall not be deposited into the State Treasury but shall be remitted to the Arkansas Development Finance Authority.
    2. One dollar ($1.00) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall be deposited into the State Treasury as direct revenues to the State Central Services Fund, there to be used by the Revenue Division of the Department of Finance and Administration in supporting those activities and programs which will facilitate extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes or proof of automobile liability insurance coverage.
    3. All amounts derived from the new fee imposed by subsection (c) of this section for the sale of annual license plate validation decals, whether held by the secretary or the authority, which are to be remitted to the authority shall be cash funds not subject to appropriation and shall be used and applied by the authority only as provided in § 22-3-1225. The fees charged for the annual license plate validation decal and paid to the authority pursuant to subdivision (d)(1) of this section shall not be reduced or otherwise impaired during the time that the fees are pledged by the authority to the repayment of any of the authority's bonds issued in accordance with § 22-3-1225.

History. Acts 1967, No. 465, §§ 10, 11; 1969, No. 42, §§ 1, 2; 1975 (Extended Sess., 1976), No. 1200, §§ 2, 3; A.S.A. 1947, §§ 75-133.20, 75-133.21; reen. Acts 1987, No. 1000, § 2; Acts 1991, No. 1005, § 4; 1993, No. 233, § 1; 1997, No. 974, § 4; 2019, No. 910, §§ 4562-4565.

Publisher's Notes. Acts 1975 (Extended Sess., 1976), No. 1200, § 1, as reenacted by Acts 1987, No. 1000, § 1, provided that the purpose of the act was to permit railroad companies undergoing reorganization pursuant to the Federal Bankruptcy Act provisions and continuing to operate in the State of Arkansas to license their motor vehicle fleets without proof of payment for any outstanding personal property taxes which were or might have been the subject of claims before any federal bankruptcy court.

Amendments. The 2019 amendment, in (b)(1), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and deleted the former second sentence; and substituted “secretary” for “director” throughout the section.

Case Notes

Constitutionality.

A state has the power to assist local agencies and subdivisions in the collection of local property taxes, and this section requiring proof of assessment and payment of taxes on personal property as a condition to obtaining license for use of motor vehicle does not violate the due process clause of U.S. Const. Amend. 14 or Ark. Const. Amend. 47. Earnhart v. Heath, 369 F. Supp. 259 (E.D. Ark. 1974).

Cited: Ark. County v. Burris, 308 Ark. 490, 825 S.W.2d 590 (1992).

27-14-1016. Other information required.

The Secretary of the Department of Finance and Administration may require such other information of applicants as he or she deems necessary for the proper licensing of motor vehicles and the proper maintenance of a motor vehicle register.

History. Acts 1967, No. 465, § 12; A.S.A. 1947, § 75-133.22; Acts 2019, No. 910, § 4566.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1017. Calculation of license fees.

For the purpose of calculating any license fees due, each major fraction of a dollar shall be treated as a whole dollar and each fraction of a dollar less than fifty cents (50¢) shall be disregarded.

History. Acts 1967, No. 465, § 9; A.S.A. 1947, § 75-133.19.

27-14-1018. Issuance of annual tab or decal.

  1. In conjunction with the permanent license plate for a motor vehicle other than a commercial motor vehicle registered with the International Registration Plan, the Secretary of the Department of Finance and Administration shall issue a tab or decal annually or, when appropriate, to each qualified applicant as evidence of the annual payment of license fees.
  2. A motor vehicle owner shall affix and display the tab or decal in such place as the secretary shall designate.

History. Acts 1967, No. 465, §§ 17, 18; A.S.A. 1947, §§ 75-133.27, 75-133.28; Acts 2017, No. 532, § 9; 2019, No. 910, § 4567.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2017 amendment inserted “for a motor vehicle other than a commercial motor vehicle registered with the International Registration Plan” in (a).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-14-1019. Changes of address.

  1. Every owner of a motor vehicle subject to this subchapter shall report to the Secretary of the Department of Finance and Administration any change of address from that listed when the vehicle was registered.
  2. The willful failure or neglect of an owner to report the change of address shall be a misdemeanor and shall subject the owner to the penalties provided by § 27-14-301 and shall relieve the secretary of any obligation of notifying the owner of expiration of his or her motor vehicle license and registration.

History. Acts 1967, No. 465, § 13; A.S.A. 1947, § 75-133.23; Acts 2019, No. 910, § 4568.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-14-1020. Rules.

The Secretary of the Department of Finance and Administration shall promulgate such reasonable rules and prescribe such forms as are necessary for the proper enforcement of this subchapter.

History. Acts 1967, No. 465, § 22; A.S.A. 1947, § 75-133.32; Acts 2019, No. 315, § 3099; 2019, No. 910, § 4569.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1021. Annual notification of requirements.

  1. The Secretary of the Department of Finance and Administration shall send to each vehicle owner in this state the following information:
    1. Notification of the requirement that each vehicle must be assessed and personal property taxes must be paid annually;
    2. Notification of the procedure and time period for annual assessment of personal property;
    3. Notification of the requirement that proof of liability insurance is required and must be maintained at all times in the vehicle; and
    4. Notification of the penalties contained in Arkansas law for:
      1. Failure to assess the vehicle or pay personal property taxes due;
      2. Failure to maintain liability insurance coverage on the vehicle; and
      3. Operation of an unsafe vehicle.
  2. The secretary may comply with the requirements set forth in subsection (a) of this section by including the information in the annual vehicle registration renewal notice sent to each vehicle owner by:
    1. Regular mail; or
    2. If the motor vehicle owner has given his or her consent, email.
  3. The secretary shall also cause to be displayed, in conspicuous fashion, at each revenue office in this state, the information set forth in subsection (a) of this section.

History. Acts 1997, No. 974, § 17; 2011, No. 67, § 4; 2019, No. 910, §§ 4570-4572.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-22 may not apply to this section which was enacted subsequently.

Amendments. The 2011 amendment, in the introductory language of (a), deleted “From and after January 1, 1998,” from the beginning and substituted “send” for “cause to be mailed”; added “by” at the end of the introductory language of (b); added (b)(1) and (2); inserted “be” in (c); and deleted (d).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

Subchapter 11 — Special Personalized Prestige License Plates

Cross References. Specific personalized license plates, §§ 27-15-101 et seq. and 27-24-101 et seq.

Effective Dates. Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1101. Authority to issue for passenger cars.

  1. The Secretary of the Department of Finance and Administration shall provide for and issue special personalized prestige license plates for passenger automobiles and motorcycles.
  2. The special personalized prestige license plates shall be issued in addition to the regular license plates for the vehicles, upon application therefor and the payment of an annual fee of twenty-five dollars ($25.00) in addition to the regular registration fee prescribed for the vehicle to which the special personalized prestige license plate is to be attached.
  3. No identical special personalized prestige license plates shall be issued for different vehicles for the same year.

History. Acts 1967, No. 194, § 1; 1979, No. 440, § 3; A.S.A. 1947, § 75-201.3; Acts 1989, No. 31, § 1; 2019, No. 910, § 4573.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1102. Applications — Priority.

  1. Any automobile owner or motorcycle owner desiring to obtain a special personalized prestige license plate for his or her automobile or motorcycle must make a new application each year and pay the additional fee prescribed in § 27-14-1101.
  2. Once an automobile owner or motorcycle owner makes application for and obtains a special personalized prestige license plate for his or her automobile or motorcycle as provided in § 27-14-1101, the person shall have first priority on the combination of numbers or letters contained on the special personalized prestige license plate for each following year for which he or she makes proper and timely application therefor.

History. Acts 1967, No. 194, § 2; A.S.A. 1947, § 75-201.4; Acts 1989, No. 31, § 2.

27-14-1103. Design.

The color of the background and the color of the numbers or letters on the special personalized prestige license plates shall be identical to the colors on the regular license plates issued for the same year.

History. Acts 1967, No. 194, § 1; 1979, No. 440, § 3; A.S.A. 1947, § 75-201.3.

27-14-1104. Rules.

  1. The Secretary of the Department of Finance and Administration is authorized to promulgate rules regarding the maximum and minimum number of letters, numbers, or symbols on special personalized prestige license plates issued under this subchapter.
  2. The secretary may also promulgate such other rules as shall be deemed necessary or desirable for effectively carrying out the intent and purposes of this subchapter and the laws of this state relative to the regulation and licensing of motor vehicles.

History. Acts 1967, No. 194, § 3; A.S.A. 1947, § 75-201.5; Acts 2019, No. 315, § 3100; 2019, No. 910, § 4574.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in (a) and (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

Subchapter 12 — Permanent Trailer Licensing Act of 1979

Effective Dates. Acts 1979, No. 671, § 28: Mar. 30, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present system of registration and licensing of small and medium size trailers is cumbersome, expensive, and time consuming; that each year thousands of dollars of tax moneys are expended unnecessarily by the State of Arkansas for the salaries of the additional employees to process and issue licenses for trailers; and that a less expensive and more simplified system would substantially reduce the administrative costs of such system and that in order to institute an inexpensive time saving and centralized system of trailer registration and licensing and to make available to this State additional revenues without a general tax increase, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 517, § 22: May 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the boating safety laws of the State of Arkansas are in immediate need of revision, including, increased penalties for violation of the state's boating laws; providing capacity restrictions for loading passengers and cargo on vessels; providing penalties for negligent operation of vessels; providing restrictions for personal flotation devices; providing restrictions for vessel lighting after dark; and providing procedures for investigating boating accidents. Further, it is found that operation of vessels on the waters of the state under the current laws are creating unnecessary dangers to the life and property of the citizens of this state, and that increasing the penalties for this dangerous conduct and providing the stated restrictions for vessel operators will reduce the number of accidents and injuries to persons and property on the waters of the state. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after May 1, 1995.”

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 2001, No. 330, § 10: Jan. 1, 2002.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1201. Title.

This subchapter may be cited as the “Permanent Trailer Licensing Act of 1979”.

History. Acts 1979, No. 671, § 1; A.S.A. 1947, § 75-253.1.

27-14-1202. Definitions.

  1. As used in this subchapter:
    1. “Decal” means an attachable material of such form and substance as the Secretary of the Department of Finance and Administration may prescribe by rule;
    2. [Repealed.]
    3. “Proper application” means a completed application form which meets all of the requirements relevant to securing a trailer license, including the submission of proper fees within the required time; and
    4. “Trailer” means utility trailers, horse trailers, dog trailers, and other small and medium-sized trailers having a gross loaded weight not in excess of six thousand pounds (6,000 lbs.).
  2. Other terms as used in this subchapter are used in accordance with the Motor Vehicle Code.

History. Acts 1979, No. 671, § 2; A.S.A. 1947, § 75-253.2; Acts 2017, No. 448, § 16; 2019, No. 315, § 3101; 2019, No. 910, § 4575.

Publisher's Notes. For provisions of the “Motor Vehicle Code,” see Publisher's Notes to § 27-14-101.

Amendments. The 2017 amendment repealed (a)(2).

The 2019 amendment by No. 315 deleted “or regulation” following “rule” in (a)(1).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-14-1203. Applicability.

All trailers having a gross load not in excess of six thousand pounds (6,000 lbs.) shall be subject to the provisions of this subchapter.

History. Acts 1979, No. 671, § 3; A.S.A. 1947, § 75-253.3.

27-14-1204. Penalties.

  1. Any owner of a trailer failing to comply with the provisions of this subchapter shall be subject to the penalties provided for in § 27-14-304.
  2. The failure of the trailer owner to affix and display the permanent license plates, the tab or decal, or the registration card, in the places designated by the Secretary of the Department of Finance and Administration, shall be a misdemeanor subject to the penalties provided by § 27-14-301.

History. Acts 1979, No. 671, §§ 8, 18; A.S.A. 1947, §§ 75-253.8, 75-253.18; Acts 2015, No. 1158, § 1; 2019, No. 910, § 4576.

Publisher's Notes. Acts 1945, No. 221, § 3, referred to in subsection (a) of this section, is deemed to have been superseded by § 27-14-304.

Amendments. The 2015 amendment substituted “§ 27-14-304” for “Acts 1945, No. 221, § 3” in (a).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

27-14-1205. [Repealed.]

Publisher's Notes. This section, concerning registration on a monthly basis, was repealed by Acts 2001, No. 330, § 2. The section was derived from Acts 1979, No. 671, § 5; A.S.A. 1947, § 75-253.5; Acts 1995, No. 517, § 18.

27-14-1206. Time and place for registration or renewal.

  1. An applicant may apply, in person or by mail, for the issuance of permanent license plates to the revenue collector in the county where he or she resides or to the Secretary of the Department of Finance and Administration.
  2. Thirty (30) days before the expiration of a license, the secretary shall notify the owner of a registered trailer subject to this subchapter at the last address of the owner of the trailer as the owner's name and address appear on the records of the Office of Motor Vehicle, but the secretary is not required to go beyond the face of the last registration statement.
    1. A proper application for registration or renewal of a registration by mail must be postmarked not later than fifteen (15) days before the date for renewal in order to allow time for processing.
    2. The secretary is authorized to impose a first class postage fee for handling the issuance of all new licenses or renewals by mail.

History. Acts 1979, No. 671, § 15; A.S.A. 1947, § 75-253.15; Acts 2001, No. 330, § 3; 2019, No. 910, § 4577.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); substituted “secretary” for “director” twice in (b), and once in (c)(2); and deleted “issued prior to January 1, 2002” following “license” in (b), and following the second occurrence of “registration” in (c)(1).

27-14-1207. Information required of applicant.

The Secretary of the Department of Finance and Administration may require such other information of applicants as he or she deems necessary for the proper licensing of trailers and the proper maintenance of a trailer register.

History. Acts 1979, No. 671, §§ 10, 12; A.S.A. 1947, §§ 75-253.10, 75-253.12; Acts 1997, No. 974, § 2; 2019, No. 910, § 4578.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1208. [Repealed.]

Publisher's Notes. This section, concerning proof of assessment and payment of personal property taxes, was repealed by Acts 1997, No. 974, § 3. The section was derived from Acts 1979, No. 671, § 11; A.S.A. 1947, § 75-253.11.

27-14-1209. Issuance of registration certificate.

  1. The Secretary of the Department of Finance and Administration shall issue to each owner of a trailer subject to this subchapter a registration certificate, which must be kept in the place prescribed by the secretary.
  2. The willful failure or neglect to comply with the provisions of this section shall be a misdemeanor.

History. Acts 1979, No. 671, § 20; A.S.A. 1947, § 75-253.20; Acts 2019, No. 910, § 4579.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

27-14-1210. Fee.

  1. Upon registration, the owner of every trailer of a type subject to the provisions of this subchapter shall receive a permanent license plate issued by the Secretary of the Department of Finance and Administration upon the payment of the fee set forth in § 27-14-601.
  2. For the purpose of calculating any license fees due, each fraction of a dollar more than fifty cents (50¢) shall be treated as a whole dollar, and each fraction of a dollar less than fifty cents (50¢) shall be disregarded.

History. Acts 1979, No. 671, §§ 6, 9; A.S.A. 1947, §§ 75-253.6, 75-253.9; Acts 2001, No. 330, § 4; 2019, No. 910, § 4580.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1211. Issuance of permanent plate.

  1. The Secretary of the Department of Finance and Administration is authorized to issue to the owner of a trailer subject to this subchapter a permanent license plate, subject to replacement, upon payment of the fee set forth in § 27-14-601.
  2. Nothing in this section shall be construed as amending or altering § 27-14-602 or § 27-14-720.

History. Acts 1979, No. 671, § 4; A.S.A. 1947, § 75-253.4; Acts 2001, No. 330, § 5; 2019, No. 910, § 4581.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Cross References. Lost or damaged certificates or plates, § 27-14-720.

Registration fees, § 27-14-602.

27-14-1212. Issuance of reflectorized plates.

  1. The Secretary of the Department of Finance and Administration is authorized to issue permanent reflectorized license plates in such form as he or she shall prescribe.
  2. These license plates shall be attached to the trailer in such manner as he or she shall prescribe.
  3. No identical license plates shall be issued for more than one (1) trailer.

History. Acts 1979, No. 671, § 14; A.S.A. 1947, § 75-253.14; Acts 2019, No. 910, § 4582.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1213. Distribution of renewal applications.

  1. The Secretary of the Department of Finance and Administration shall mail application forms for all renewals of registration under this subchapter issued prior to January 1, 2002, to the last address of the owner of the trailer as the owner's name and address appear on the records of the Office of Motor Vehicle.
  2. The secretary shall not be required to go beyond the face of the last registration, and the failure of an owner to receive notice of expiration of his or her trailer license shall not be construed as an extenuating circumstance for the failure of a trailer owner to renew his or her license on time.

History. Acts 1979, No. 671, § 19; A.S.A. 1947, § 75-253.19; Acts 2001, No. 330, § 6; 2019, No. 910, § 4583.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-14-1214. Renewal of registration.

  1. The owner of any permanent license plate issued by the Secretary of the Department of Finance and Administration prior to January 1, 2002, may renew his or her registration, in person or by mail, at a county revenue office or with the secretary during any day from thirty (30) days prior to the date on which his or her registration shall expire.
  2. Upon receiving notification by the secretary of his or her new permanent registration date, the applicant shall, within the time prescribed by the secretary, pay the fee set forth in § 27-14-601.

History. Acts 1979, No. 671, § 7; A.S.A. 1947, § 75-253.7; Acts 2001, No. 330, § 7; 2019, No. 910, § 4584.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and substituted “secretary” for “director”.

27-14-1215. Issuance of tab or decal.

  1. In conjunction with the permanent license plate, the Director of the Department of Finance and Administraion may issue a tab or decal as evidence of the payment of license fees.
  2. The trailer owner shall affix and display the tab or decal in such place as the director shall designate.

History. Acts 1979, No. 671, §§ 16, 17; A.S.A. 1947, §§ 75-253.16, 75-253.17; Acts 2001, No. 330, § 8.

27-14-1216. Transfer of registration to another trailer.

  1. Whenever the owner of a registered trailer transfers or assigns his or her title, or interest thereto, the registration of the trailer shall expire.
  2. The owner shall remove the license plate and any plate sticker, metal tab, or decal therefrom and forward them to the Office of Motor Vehicle.

History. Acts 1979, No. 671, § 22; A.S.A. 1947, § 75-253.22; Acts 2001, No. 330, § 9.

27-14-1217. Report of change of address.

  1. Every owner of a trailer subject to this subchapter shall report to the Secretary of the Department of Finance and Administration any change of address from that listed when the trailer was registered.
  2. The willful failure or neglect of an owner to report a change of address shall:
    1. Be a misdemeanor;
    2. Subject the owner to the penalties provided by § 27-14-301; and
    3. Relieve the secretary of any obligation of notifying the owner of expiration of his or her trailer license and registration.

History. Acts 1979, No. 671, § 13; A.S.A. 1947, § 75-253.13; Acts 2019, No. 910, §§ 4585, 4586.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b)(3).

27-14-1218. Rules.

The Secretary of the Department of Finance and Administration shall promulgate such reasonable rules and prescribe such forms as are necessary for the proper enforcement of this subchapter.

History. Acts 1979, No. 671, §§ 21, 25; A.S.A. 1947, § 75-253.21; Acts 2019, No. 315, § 3102; 2019, No. 910, § 4587.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 13 — Trucks and Trailers

Effective Dates. Acts 1949, No. 235, § 12: Mar. 4, 1949. Emergency clause provided: “Whereas the condition of the State Highways in this State has deteriorated to such an extent that, the investment in, and use of, highway surfaces is in danger of being lost by reason of inadequate funds with which to repair same; that such deteriorated condition constitutes a menace and danger to the people of Arkansas, and retards and hinders the economic development of this State; and that, unless additional revenues are provided, or the existing laws strengthened in their enforcement provisions, in the manner set forth in this Act, the transportation facilities of this State will suffer irreparable injury and damage, and endanger the lives and well being of the citizens of this State. An emergency is declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, the same shall take effect and be in force from and after its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1179, § 4: Feb. 11, 1976. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly, meeting in Extended Session, that the availability of commercial vehicle temporary tags will accrue great benefits to the citizens of the State of Arkansas and that such tags are not currently available. Now therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 1987, No. 589, § 4: Apr. 4, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the availability of commercial vehicle temporary tags will accrue great benefits to the citizens of the State of Arkansas and that such tags are not currently available. That this Act was previously passed by the Seventieth General Assembly as Act 1179 of 1975 and was amended by Act 440 of 1979 and could possibly be subject to a constitutional challenge under the recent Supreme Court of Arkansas decision in Ricarte vs. State, 717 S.W.2d 488 (1986). Now therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 992, § 4: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1179 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1301. Penalty.

  1. Every person who violates or who procures, aids, or abets violation of any of the provisions of this subchapter and any person who refuses or fails to obey any order, decision, or rule made under or pursuant to this subchapter shall be deemed guilty of a misdemeanor.
  2. Upon conviction, violators shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than three (3) months, or by both a fine and imprisonment.

History. Acts 1949, No. 235, § 9; A.S.A. 1947, § 75-259; Acts 2019, No. 315, § 3103.

Amendments. The 2019 amendment substituted “or rule” for “rule, or regulation” in (a).

27-14-1302. Load limits not affected.

Nothing in this subchapter shall repeal the right of the State Highway Commission to vary the load limit on any particular road at any particular time as conditions may warrant.

History. Acts 1949, No. 235, § 7; A.S.A. 1947, § 75-258.

27-14-1303. Administration.

The Secretary of the Department of Finance and Administration is authorized and directed to supply license plates to properly designate or identify the various classes of vehicles covered in this subchapter and to enforce this subchapter.

History. Acts 1949, No. 235, § 4; A.S.A. 1947, § 75-255; Acts 2019, No. 910, § 4588.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1304. Rules.

    1. The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for the proper enforcement of this subchapter.
    2. The rules and forms shall be dated and issued under a systematic method of numbering.
    1. A complete file of all rules and forms shall be kept in the office of the secretary.
    2. Copies of the rules and forms shall be made available to any person requesting them.

History. Acts 1949, No. 235, § 3; A.S.A. 1947, § 75-254; Acts 2019, No. 315, § 3104; 2019, No. 910, § 4589, 4590.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in (a)(1); and deleted “regulations” following “rules” in (a)(2) and throughout (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (b)(1).

27-14-1305. Annual report.

  1. Annually, on or before December 31 of each year, the Secretary of the Department of Finance and Administration shall make a report of his or her administration of this subchapter to the Governor.
  2. The annual report shall include, among other things, facts and statistics relating to the effect of the administration of this subchapter upon all affected thereby.

History. Acts 1949, No. 235, § 6; A.S.A. 1947, § 75-257; Acts 2019, No. 910, § 4591.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1306. Commercial vehicle temporary license plates.

    1. The Chief Fiscal Officer of the State is authorized to design and issue commercial vehicle temporary license plates for use in cases where commercial operators desire to operate temporarily in this state for a period not to exceed seventy-two (72) hours.
    2. These license plates shall not be valid in any event for more than seventy-two (72) hours.
    3. These license plates shall be issued for a fee of thirty-three dollars ($33.00).
    4. These license plates may be issued for a single unit of a tractor-trailer combination.
  1. The Chief Fiscal Officer of the State is authorized to promulgate such rules as he or she deems necessary for the proper enforcement of this section.
  2. This section is in no respect to be considered as a repeal of any of the motor vehicle laws already in effect, specifically §§ 27-14-1804 — 27-14-1806 and 27-14-2102. This section shall be construed as supplementary thereto.

History. Acts 1975 (Extended Sess., 1976), No. 1179, §§ 1-3; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-293 — 75-293.2; reen. Acts 1987, No. 589, §§ 1-3; reen. 1987, No. 992, §§ 1-3; 2019, No. 315, § 3105.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 589, §§ 1-3 and Acts 1987, No. 992, §§ 1-3. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

Cross References. Drive-out tags for nonresidents, § 27-14-2102.

Vehicles in transit to dealers, § 27-14-1801 et seq.

Subchapter 14 — Buses

Cross References. Buses converted to or equipped as campers, § 27-15-4001.

Preambles. Acts 1939, No. 115 contained a preamble which read:

“Whereas, it has become necessary for persons and companies operating streetcars in some of the cities and towns to replace the streetcars with motor buses in order to provide an adequate and necessary service, and in the future it will be required of such persons and companies to convert other streetcar lines into motor bus lines, in order to continue the operation of such transportation systems under their franchise; and

“Whereas, such persons and companies should pay a reasonable fee for the operation of such buses in lieu of streetcars which did not pay a license fee to the state; and

“Whereas, other motor vehicles pay a license fee to the state;

“Therefore … .”

Effective Dates. Acts 1939, No. 115, § 3: Feb. 22, 1939. Emergency clause provided: “It is recognized that in cities and towns adequate transportation systems are necessary for the accommodation of the public, and because of such necessities an emergency is declared to exist and this act being necessary for the immediate preservation of the public health, peace and safety shall take effect and be in full force and effect from and after its passage and approval.”

Acts 1941, No. 354, § 3: Mar. 26, 1941. Emergency clause provided: “The license fees now being charged for community or farm-to-market buses in this State being practically prohibitive, and the operation of the said community or farm-to-market buses being of great convenience to the rural people of this State, and being necessary for their comfort and health, an emergency is hereby declared to exist and this act shall be in force and effect from and after its passage and approval.”

Acts 1963, No. 548, § 3: Mar. 29, 1963. Emergency clause provided: “It is hereby found that economical mass transportation for the general public is essential to the public welfare, that the owners and/or operators of motor buses on designated streets according to regular schedules, under franchise from municipalities in this state, are in dire financial circumstances, thereby jeopardizing the efficient and economical mass transportation of the public; and that an emergency therefore is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

27-14-1401. Fees for registration and licensing of interstate motor buses.

  1. The provisions of § 27-14-601 shall govern the fees for the registration and licensing of interstate motor buses.
  2. For the purpose of determining the registration and licensing fees, an interstate motor bus shall be considered a motor truck.

History. Acts 1957, No. 206, § 1; A.S.A. 1947, § 75-276; Acts 1993, No. 404, § 1.

27-14-1402. Municipally franchised buses.

Where motor buses are operated on designated streets according to regular schedules, under franchise from any municipality in this state, the owners or operators of the motor buses shall pay to the state an annual motor vehicle and license fee of twenty dollars ($20.00) for each motor bus so operated.

History. Acts 1939, No. 115, § 1; 1963, No. 548, § 1; 1979, No. 440, § 2; A.S.A. 1947, § 75-206.

Case Notes

Trackless Trolleys.

Trackless trolleys are within the taxing provisions of this section. Morley v. Capitol Transp. Co., 217 Ark. 583, 232 S.W.2d 641 (1950).

27-14-1403. Community or farm-to-market buses — Definition.

  1. As used in this section, “community or farm-to-market bus” means any bus operating under and by authority of the Arkansas Department of Transportation which is privileged to operate as a common carrier for hire within the State of Arkansas and which has a home office that is domiciled within this state, and where the privilege does not extend beyond the territory of fifty (50) miles for any operation, shall be termed a “community or farm-to-market bus”.
  2. The annual license fee to be collected from the owners of community or farm-to-market buses operating under authority of the department for hire, whose operations do not extend beyond fifty (50) miles, shall be the sum of one hundred thirty dollars ($130).

History. Acts 1941, No. 354, §§ 1, 2; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-209, 75-210; Acts 2017, No. 707, § 325.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-14-1404. School buses owned by licensed facilities.

  1. School buses owned by facilities licensed by the Department of Human Services shall not be subject to the registration and licensing fees prescribed by law.
  2. The only fee for their licenses shall be a one dollar ($1.00) annual renewal fee.
  3. The original license application and all renewals shall be accompanied by an affidavit signed by an official of the facility, indicating that the buses for which licenses are requested are either owned or exclusively leased by the facility and used exclusively in its functions.

History. Acts 1981, No. 441, § 1; A.S.A. 1947, § 75-201.18.

Subchapter 15 — Taxicabs

Effective Dates. Acts 1939, No. 177, § 2: Became law without Governor's signature, Mar. 6, 1939. Emergency clause provided: “It being ascertained and hereby declared that in certain cities subject to the provisions of this act the state, under existing laws for the collection of motor vehicle fuel tax, is being deprived of revenues that would otherwise be collected, and that immediate operation of this act is essential, an emergency is therefore declared to exist and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1989, No. 689, § 4: Mar. 20, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that this act is necessary to correct a possible misconstruction of the law and to insurance continued taxicab service in Arkansas since the cost of insurance is driving operators out of business. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1501. Liability insurance prerequisite to licensing.

  1. No license shall be issued for any taxicab, automobile, or similar vehicle used for hire, nor shall these vehicles be operated or used in and upon the streets, roads, and highways of the State of Arkansas, within or without the corporate limits of any city or village, for the purpose of carrying passengers for hire unless there shall have been filed with the Secretary of the Department of Finance and Administration a liability contract of insurance, or certificates of insurance, issued to the owner of the vehicle, which shall be substantially in the form of the standard automobile liability insurance policy in customary use, to be approved by the secretary, and issued by an insurance company licensed to do business in the State of Arkansas.
  2. The policy shall secure payment in accordance with the provisions thereof to any person except employees or joint venturers of the owner for personal injuries to that person and for any damage to property except property owned by, rented to, leased to, in charge of, or transported by the owner, other than baggage of passengers, caused by the operation of a taxicab, automobile, or similar vehicle used for hire for at least the minimum amounts prescribed for liability insurance under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.
    1. In lieu of the policy of insurance, an owner may file a bond by some solvent surety company licensed to do business in this state or may file a bond by suitable collateral.
      1. The bond or collateral shall be in the form approved by the secretary and shall be conditioned for the payment of property damage and personal injuries and shall be in an amount no less than fifty thousand dollars ($50,000) for all claims for the operator’s fleet, and uninsured motorist coverage shall not be required of the operators.
      2. If the bond or collateral becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount or lose its bonded status.
  3. In lieu of the policy of insurance or bond, an owner may provide self-insurance as authorized under § 27-19-107.
    1. No policy of insurance may be cancelled by the licensee or by the insurance carrier unless written notice of the cancellation shall have been mailed to the secretary.
    2. The written notice shall state the exact time and date of cancellation to be not less than seven (7) days from the date of mailing.
    3. The mailing of notice shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period.
  4. Any individual or corporation engaged in the operation of a taxicab, etc., as a common carrier of passengers for hire who violates this section or who procures, aids, or abets any individual or corporation in violating this section shall, upon conviction, be guilty of a Class B misdemeanor.
    1. Notwithstanding any other provision of state law, any municipality in a county with a population in excess of two hundred thousand (200,000) that requires a franchise for taxicabs to operate within the corporate limits of the municipality may impose any insurance requirements desired by the municipality that shall be applicable to any taxicab that operates within the municipality.
    2. If a municipality imposes such insurance requirements on its taxicabs, it shall be unlawful for any taxicab operator to operate a taxicab within the corporate limits of that municipality without meeting such insurance requirements. Any person found guilty or who pleads guilty or nolo contendere to a charge of violating this subsection shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
    3. In addition to penalties that may be assessed against the taxicab operator, if the taxicab owner is a different person or entity, the owner shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
    4. A municipality may, by ordinance, declare that an uninsured taxicab shall be subject to seizure and that a seized taxicab shall not be released until such insurance is in place.

History. Acts 1949, No. 485, §§ 1-3; 1961, No. 473, § 1; 1985, No. 969, § 1; A.S.A. 1947, §§ 75-203 — 75-205; Acts 1989, No. 689, § 1; 1997, No. 1223, § 1; 2003, No. 1152, §§ 1, 2; 2019, No. 910, §§ 4593-4595.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (a), (c)(2)(A), and (e)(1).

Case Notes

Construction.

This section is not superseded or repealed by the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

Bond.

This section requires one bond of $50,000 for each taxicab owner operating in this state, not a $50,000 bond on each taxicab. Commissioner of Revenue v. Black & White Cab Co., 290 Ark. 575, 720 S.W.2d 911 (1986).

Liability of Insurer.

Requirement that operator of taxicab have a standard automobile liability policy of insurance before a license can be issued for operation of taxicab does not prevent insurer from denying liability on judgment secured by injured party against insured where latter fails to give insurer notice of proceeding. Warren v. Commercial Std. Ins. Co., 219 Ark. 744, 244 S.W.2d 488 (1951).

Uninsured Motorists.

A taxicab owner operating unlawfully without fleet liability insurance became an uninsured motorist despite purported “self-insurer” status under § 27-19-107. Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

27-14-1502. Operations in adjoining cities and towns separated by state line.

  1. Where any person, firm, or corporation is engaged in a general taxicab business of transporting persons for hire in adjoining cities and incorporated towns which are separated by a state line, where the motor vehicles or taxicabs are operated in this state under a franchise contract or permit with the Arkansas city or town, where the motor vehicles or taxicabs are not operated on any of the roads or highways in this state outside of the corporate limits of the city or town, and where the motor vehicles or taxicabs shall pay to this state motor vehicle fuel tax, at the applicable rate as fixed by the law of this state, upon all of the motor vehicle fuel used in the operation of the motor vehicles or taxicabs, then the fee to be paid to this state for the registration and licensing of any motor vehicle or taxicab so used by any person, firm, or corporation shall not exceed the fee provided by law in the adjoining state for the motor vehicle or taxicab.
  2. This section shall not apply to motor buses being operated in lieu of a streetcar system in adjoining cities or incorporated towns which are separated by a state line.

History. Acts 1939, No. 177, § 1; A.S.A. 1947, § 75-202.

Subchapter 16 — Manufactured Homes and Mobile Homes

Effective Dates. Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1601. Definitions.

As used in this subchapter:

  1. “Manufactured home” means a factory-built structure:
    1. Produced in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
    2. Designed to be used as a dwelling unit; and
  2. “Mobile home” means a structure:
    1. Built in a factory before the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
    2. Designed to be used as a dwelling unit.

History. Acts 1973, No. 176, § 1; A.S.A. 1947, § 75-132.2; Acts 2001, No. 1118, § 1; 2005, No. 1991, § 6; 2009, No. 317, § 2.

Amendments. The 2009 amendment rewrote the section.

Case Notes

Cited: In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980).

27-14-1602. Registration — Fee.

    1. An owner of a manufactured home or a mobile home shall register the manufactured home or mobile home with the Office of Motor Vehicle for the purpose of receiving a certificate of title to the manufactured home or the mobile home or for any other purpose.
    2. Subdivision (a)(1) of this section does not apply to:
      1. A manufactured home or mobile home for which a certificate of origin, original document of title, or existing document of title has been cancelled or surrendered under § 27-14-1603; or
      2. A manufactured home or mobile home held for sale or resale by a licensed retailer, financial institution, beneficiary, mortgagee or the mortgagee's attorney-in-fact or trustee, or other holder in due course.
  1. A certificate of title shall be issued upon the payment of a registration fee of twenty-six dollars ($26.00) and a title fee of ten dollars ($10.00).

History. Acts 1973, No. 176, § 2; 1979, No. 440, § 2; A.S.A. 1947, § 75-132.1; Acts 2001, No. 1118, § 2; 2005, No. 1991, § 7; 2013, No. 592, § 1; 2017, No. 384, § 1.

Amendments. The 2013 amendment rewrote (b).

The 2017 amendment redesignated former (a) as (a)(1); deleted “be permitted to” following “shall” in (a)(1); and added (a)(2).

Case Notes

Cited: Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976).

27-14-1603. Cancellation of title.

  1. If a manufactured home or a mobile home is to be affixed to real estate, the manufacturer's certificate of origin or the original document of title may be surrendered to the Department of Finance and Administration for cancellation.
  2. The department shall cancel a certificate of origin or the original document of title to a manufactured home or mobile home upon receipt of:
    1. The original manufacturer's certificate of origin or the original document of title showing an assignment of the manufactured home or mobile home to the party that will affix the manufactured home or mobile home to the real estate;
    2. An application for cancellation of the manufacturer's certificate of origin or the original document of title; and
      1. A copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
      2. The affidavit of affixation shall include:
        1. The name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home or mobile home;
        2. A statement that the party executing the affidavit of affixation is:
          1. The owner of the real estate described in the affidavit of affixation; or
          2. Authorized by the owner of the real estate described in the affidavit to execute the affidavit of affixation on the owner's behalf;
        3. The street address and the legal description of the real estate to which the manufactured home or mobile home is or shall be permanently affixed; and
        4. One (1) of the following statements and applicable information:
          1. If the manufactured home or mobile home is subject to a security interest or lien:
            1. The name and address of each party holding a security interest or lien whether shown on a certificate of title issued by the department or otherwise perfected;
            2. The original principal amount secured by each security interest or lien; and
            3. A statement that each security interest or lien shall be released that attaches proof of the commitment to release the security interest or lien executed by the holder of the security interest or lien; or
          2. A statement that if a security interest or lien on the manufactured home or mobile home previously existed, the security interest or lien has been released that attaches proof of the release executed by the holder of the security interest or lien.
          3. The department shall also cancel an existing title or manufacturer's certificate of origin to any manufactured home or mobile home to be affixed to real estate if the owner affixing the home:
            1. Presents a court order directing the department to issue a title for cancellation, an application for cancellation of title or manufacturer's certificate of origin, and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed; or
            2. Follows the bonded title procedure of this state under § 27-14-409(c) and submits an application for cancellation of title or manufacturer's certificate of origin and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
          4. The Secretary of the Department of Finance and Administration may promulgate rules to administer this section.

History. Acts 2001, No. 1118, § 3; 2005, No. 1991, § 3; 2013, No. 592, § 2; 2019, No. 910, § 4596.

Amendments. The 2013 amendment rewrote the section.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d).

27-14-1604. Issuance of new title in the event of severance — Definitions.

  1. As used in this section:
    1. “Lender applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is a lender that holds a lien, security interest, or encumbrance against the manufactured home or mobile home for which a title has been cancelled under § 27-14-1603; and
    2. “Owner applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is the owner or purchaser of the manufactured home or mobile home.
  2. The Department of Finance and Administration shall issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed upon receipt of the following from a lender applicant or an owner applicant:
    1. A completed application for title accompanied by payment of a registration fee of twenty-six dollars ($26.00) and a title fee of ten dollars ($10.00);
    2. Proof of payment of the current year's property taxes, if any;
    3. The following information:
      1. A statement from:
        1. The owner applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home; or
        2. The lender applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home other than that of the lender applicant; and
      2. A statement from an attorney licensed to practice law in Arkansas or a title insurance agent licensed in Arkansas that the manufactured home or mobile home is free and clear of, or has been released from, all recorded liens, security interests, or encumbrances other than that of a lender applicant;
      1. A copy of an affidavit of severance to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home was affixed.
      2. The affidavit of severance shall include the name, residence, and mailing address of the applicant and a description of the manufactured home or mobile home, including without limitation the name of the manufacturer, make, model name, model year, dimensions, and the manufacturer's serial number of the manufactured home or mobile home; and
    4. Relevant supporting documents and recording information concerning a lien, security interest, or encumbrance upon the manufactured home or mobile home if requested by the department.
  3. The department shall record the lien of a lender applicant on the certificate of title to be issued under this section upon receipt of a copy of the instrument creating and evidencing the lien as required under § 27-14-802.
  4. The department shall also issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed if the applicant:
    1. Presents a court order directing the department to issue a new title and submits an application for issuance of a new certificate of title or manufacturer's certificate of origin and a copy of an affidavit of severance to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed; or
    2. Follows the bonded title procedure under § 27-14-409(c), and submits an application for cancellation of title or manufacturer's certificate of origin and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
  5. The Secretary of the Department of Finance and Administration may promulgate rules to implement and administer this section.

History. Acts 2013, No. 592, § 3; 2019, No. 910, § 4597.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (e).

Subchapter 17 — License Plates for Manufacturers, Transporters, and Dealers

Effective Dates. Acts 2005, No. 1929, § 6: Effective Jan. 1, 2006.

Acts 2009, No. 484, § 8, July 1, 2010.

Acts 2009, No. 756, § 25: Apr. 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that motor vehicle dealers are experiencing economic difficulties related to the state of the national economy and the motor vehicle industry in particular; that an unprecedented number of motor vehicle dealers may terminate their franchises as a result of these economic conditions; and that this act is immediately necessary to assist dealers that are facing possible termination of their franchise. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 351, § 6: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the changes in this act are necessary regarding the placement of temporary buyer's tags to provide for better law enforcement; that clarification is necessary to include motorcycle dealers, motor-driven cycle dealers, and motor home dealers under the definition of dealer; and that this act is necessary to ensure that motor vehicles on the roads are properly tagged after purchase. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2013, No. 747, § 3: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act is necessary to ensure that motor vehicles on the road are properly tagged after purchase; and that this act should become effective as soon as possible to promote the safety of the public when operating motor vehicles. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 705, § 5: Oct. 1, 2015. Effective date clause provided: “Sections 1 through 4 of this act are effective on the first day of the calendar quarter following the effective date of this act.”

Acts 2017, No. 1119, § 4: Nov. 13, 2017.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1701. Operation of vehicles under special plates.

  1. A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this chapter may operate or move it upon the highways solely for purposes of transporting it without registering each vehicle, upon condition that any such vehicle display a special plate or temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag issued to the owner as provided in this subchapter.
    1. A transporter may operate or move any vehicle of like type upon the highways solely for the purpose of delivery, upon displaying a special plate issued to him or her as provided in § 27-14-1806.
    2. The transporter shall submit proof of his or her status as a bona fide transporter as may reasonably be required by the Office of Motor Vehicle.
  2. The provisions of this subchapter shall not apply to work or service vehicles owned by a manufacturer, transporter, or dealer.
    1. The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the special temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag required under this section.
      1. Temporary preprinted paper tags issued to manufacturers or dealers for transport purposes shall have the following information printed on them:
        1. The date of expiration;
        2. The vehicle year, make, and model;
        3. The vehicle identification number;
        4. The name of the issuing dealer; and
        5. Other information that may be required by the office.
      2. In addition, the expiration date of the preprinted paper tag shall be shown in ink on the tag in a place to be determined by the office.
      3. The expiration date shall be covered by a sticker for added security.
  3. In addition to any other penalty prescribed by this chapter, a dealer, manager, sales manager, or salesperson of the dealer, or manufacturer who pleads guilty or nolo contendere to or is found guilty of the misuse of a special temporary preprinted paper tag and any correlating stickers that are to be placed on the tag and issued under this section or of allowing anyone else to misuse a special temporary preprinted paper tag, and the correlating stickers that are to be placed on the tag shall be fined not more than:
    1. Two hundred fifty dollars ($250) for the first offense;
    2. Five hundred dollars ($500) for the second offense; and
    3. One thousand dollars ($1,000) for the third offense and subsequent offenses.

History. Acts 1949, No. 142, § 62; A.S.A. 1947, § 75-162; Acts 2005, No. 1929, § 2; 2009, No. 484, § 2; 2019, No. 910, § 4598.

Amendments. The 2009 amendment substituted “preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag” for “cardboard tag” in four places; inserted (b)(2), redesignated the remaining text accordingly, and substituted “§ 27-14-1806” for “this subchapter” in (b)(1); inserted (d)(2) and redesignated the remaining text; subdivided (e), substituted “Five” for “not more than five” in (e)(2), and substituted “One thousand” for “and not more than one thousand” in (e)(3); and made related and minor stylistic changes.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d)(1).

27-14-1702. Application for and issuance of certificates and special plates.

    1. A manufacturer or dealer may make application to the Office of Motor Vehicle, upon the appropriate form, for a certificate containing a general distinguishing number and for one (1) or more pairs of special plates, single special plates, or special temporary preprinted paper tags, as appropriate, subject to §§ 27-14-1701 and 27-14-1704, to various types of vehicles subject to registration under this chapter.
    2. The applicant shall also submit proof of his or her status as a bona fide manufacturer or dealer, as required by the office.
    1. The office, upon granting the application for one (1) or more pairs of special plates or single special plates, shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant.
    2. A certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant is not required to be issued upon granting an application for one (1) or more special temporary preprinted paper tags.
    1. The office shall also issue a special plate, plates, or special temporary preprinted paper tags as applied for, which shall have displayed thereon the general distinguishing number assigned to the applicant.
    2. Each plate, pair of plates, or special temporary preprinted paper tags issued shall also contain a number or symbol identifying it or them from every other plate, pair of plates, or special temporary preprinted paper tags bearing the same general distinguishing number.

History. Acts 1949, No. 142, § 63; A.S.A. 1947, § 75-163; Acts 2005, No. 1929, § 3; 2009, No. 484, § 3.

Amendments. The 2009 amendment substituted “preprinted paper” for “cardboard” throughout the section; subdivided (a) and deleted “transporter” following “manufacturer” in (a)(1) and (a)(2); inserted (b)(2), redesignated the remaining text accordingly, and inserted “for one (1) or more pairs of special plates or single special plates” in (b)(1); and made related and minor stylistic changes.

27-14-1703. Expiration of special plates.

    1. Every special plate, excluding temporary preprinted paper tags, issued under this subchapter shall expire at 12:00 midnight on December 31 of each year unless the Secretary of the Department of Finance and Administration provides by rule a staggered method of annual expiration.
    2. A new plate for the ensuing year may be obtained by the person to whom any such expired plate was issued, upon application to the Office of Motor Vehicle and payment of the fee provided by law.
  1. In lieu of providing a new special plate upon the expiration of the special plate issued under this subchapter, the secretary may by rule provide for the issuance of permanent special plates that are renewed using an alternate method.

History. Acts 1949, No. 142, § 64; A.S.A. 1947, § 75-164; Acts 2005, No. 661, § 1; 2009, No. 484, § 4; 2017, No. 448, § 17; 2019, No. 910, §§ 4599, 4600.

Amendments. The 2009 amendment inserted “excluding temporary preprinted paper tags” in (a)(1), and made related changes.

The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a)(1); and substituted “director” for “commissioner” in (b).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (b).

27-14-1704. Dealer's extra license plates.

  1. Each dealer as defined in § 27-14-601(a)(6) shall furnish the Secretary of the Department of Finance and Administration with a list of each manager, sales manager, and salesperson authorized to operate a motor vehicle to which a dealer's extra license plate issued to the dealer has been or will be attached:
    1. Upon initial application for dealer's extra license plates as provided in § 27-14-1702; and
    2. Upon renewal of dealer's extra license plates as provided in § 27-14-1703.
  2. The dealer's extra license plate may be used only by the dealer, manager, or salesperson of the dealer and only for the following purposes:
    1. To drive to and from work;
    2. For business or personal trips inside or outside the dealer's county of residence;
    3. To transport the vehicle; or
    4. To demonstrate the vehicle.
  3. Neither the dealer's extra license plate issued under this section nor the dealer's master plate issued under § 27-14-601(a)(6) shall be used for purposes of allowing a prospective buyer to test drive a vehicle unless the dealer, manager, or salesperson of the dealer is present in the vehicle.
  4. In addition to any other penalty prescribed by this chapter, any dealer, manager, salesperson, or employee of a dealer who pleads guilty or nolo contendere to or who is found guilty of the misuse of a dealer's extra license plate or dealer's master plate or of allowing anyone else to misuse a dealer's extra license plate or dealer's master plate shall be fined not more than two hundred fifty dollars ($250) for the first offense, not more than five hundred dollars ($500) for the second offense, and not more than one thousand dollars ($1,000) for the third and subsequent offenses.
      1. In addition to any other penalty prescribed by this chapter, the secretary may suspend some or all dealer's extra license plates issued to a dealer if the secretary determines that the dealer or any manager, sales manager, or salesperson of the dealer either misused a dealer's extra license plate or allowed the use of a dealer's extra license plate by a person who is not authorized by this section to use a dealer's extra license plate.
      2. A suspension of the dealer's extra license plates under this section does not require that the dealer's master license plate be suspended.
      3. The secretary shall:
        1. Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized under this section; and
        2. Provide information regarding the misuse or unauthorized use upon which the suspension was based in the notice.
      4. The dealer's extra license plates shall be suspended for:
        1. Six (6) months for the first misuse or unauthorized use of the dealer's extra license plates; or
        2. One (1) year for any subsequent misuse or unauthorized use.
      1. Any dealer who desires a hearing on the suspension shall notify the secretary in writing within twenty (20) days after receipt of the notice of suspension.
      2. A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone.
      3. Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
      4. The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the suspension of the dealer's extra license plates based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer.
        1. If the decision sustains, in whole or in part, the suspension of the dealer's extra license plates, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business.
        2. The dealer shall serve a copy of the petition on the secretary.
        3. The appeal will not operate as a stay of the order of suspension that will remain in effect and be terminated only in the event a decision reversing the suspension is issued by the circuit court.
      1. An appeal from the circuit court shall be in accordance with the laws governing appeals.

History. Acts 2005, No. 1929, § 4; 2011, No. 606, § 1; 2019, No. 910, §§ 4601-4605.

Amendments. The 2011 amendment added (e).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” throughout (e).

27-14-1705. Temporary preprinted paper buyer's tags.

      1. A person who buys a motor vehicle from a licensed dealer shall be required to obtain one (1) temporary preprinted paper buyer's tag for the vehicle and any correlating sticker that is to be placed on the tag.
      2. The preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.
      1. A person who buys a motor vehicle from a licensed dealer that cannot issue temporary preprinted paper buyer's tags shall:
        1. Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle;
        2. Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and
        3. Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker.
      2. A person who fails to obtain a preprinted paper buyer's tag and sticker within ten (10) calendar days of the date of purchase of the vehicle is subject to the fines in this section.
    1. The temporary preprinted paper buyer's tag is valid for the operation of the vehicle until the earlier of:
      1. The date on which the vehicle is registered; or
      2. The thirtieth calendar day after the date of purchase.
      1. If the date that a transferee of a motor vehicle must register the vehicle is extended under § 27-14-903(a)(2), the dealer may issue one (1) additional temporary preprinted paper buyer's tag and sticker to the transferee, to expire thirty (30) calendar days from the date that the additional temporary preprinted paper buyer's tag was issued.
        1. If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle.
        2. The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued.
        3. The vehicle year, make, and model;
        4. The vehicle identification number;
        5. The name of the issuing dealer; and
        6. Other information required by the Office of Motor Vehicle.
      1. The following information shall be printed by the dealer, the vendor, or the Office of Motor Vehicle on the face of the temporary preprinted paper buyer's tags:
      2. The expiration date of the preprinted paper buyer's tag shall be shown in ink on the preprinted paper buyer's tag in a place to be determined by the Office of Motor Vehicle, and the date shall be covered by a sticker for added security.
    1. A dealer that issues a temporary preprinted paper buyer's tag shall indicate on the bill of sale that a temporary preprinted paper buyer's tag was issued in order to facilitate collection of the fees required by this subchapter.
      1. The temporary preprinted paper buyer's tag issued under this section shall be placed at the location provided for the permanent motor vehicle license plate.
        1. The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration.
        2. The translucent material covering the tag shall be approved by the Office of Motor Vehicle.
        1. The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material.
        2. The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle.
      2. A dealer that issues a temporary preprinted paper buyer's tag shall insert the tag into the translucent material and attach the tag to each vehicle the dealer sells to keep the tag in place and readable when the vehicle is in use.
    1. If a preprinted paper buyer's tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the motor vehicle purchaser shall be required to register the vehicle under § 27-14-705 or obtain a replacement preprinted paper buyer's tag from the original issuing dealer or from the Office of Motor Vehicle.
    2. The replacement preprinted paper buyer's tag shall expire on the expiration date of the original preprinted paper buyer's tag.
  1. The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the temporary preprinted paper buyer's tag.
      1. The buyer shall be responsible for paying to the secretary a fee to be set by the secretary, which shall not exceed five dollars and fifty cents ($5.50), for each temporary preprinted paper buyer's tag and any correlating sticker the buyer receives.
      2. This fee shall be collected at the time the buyer registers the vehicle under § 27-14-705.
    1. The gross receipts or gross proceeds derived from the sale or issuance of temporary preprinted paper buyer's tags under this section shall be exempt from the Arkansas gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and any other state or local tax administered under those chapters.
      1. Except as provided in subdivision (f)(3)(B) of this section, all fees collected by the secretary under this section shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the General Revenue Fund Account of the State Apportionment Fund.
      2. The amount in excess of the first three dollars ($3.00) of the fee collected under subdivision (f)(1)(A) of this section shall be deposited into the State Treasury, and the Treasurer of State shall credit it as cash revenue to the credit of the Revenue Division of the Department of Finance and Administration to offset administrative costs.
    1. For each temporary preprinted paper buyer's tag provided to a buyer, the issuer shall retain documentation containing:
      1. The dealer's name and master license plate number;
      2. The buyer's name;
      3. The date the temporary preprinted paper buyer's tag was issued;
      4. The vehicle's vehicle identification number;
      5. The make and model of the vehicle; and
      6. The expiration date of the temporary preprinted paper buyer's tag.
    2. An issuer of preprinted paper buyer's tags shall provide the documentation required to be retained by subdivision (g)(1) of this section to the Office of Motor Vehicle on the date of sale for entry into the vehicle temporary tag database provided in § 27-14-1708.
      1. In addition to any other penalty prescribed by this section, the secretary may suspend or terminate a dealer's authority to issue temporary preprinted paper buyer's tags if the secretary determines that the dealer, manager, salesperson, or employee of the dealer:
      2. In addition to any other penalty prescribed by this section, if the secretary determines that the dealer, or a manager, salesperson, or employee of the dealer, has violated this subsection, the secretary may impose a penalty equal to ten dollars ($10.00) for each inappropriately issued temporary preprinted paper buyer's tag.
      3. Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
      4. The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer.
  2. Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or (ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section.
    1. Any dealer or approved vendor or any manager, salesperson, or employee of the dealer or vendor who pleads guilty or nolo contendere to or is found guilty of the misuse of a temporary preprinted paper buyer's tag or of allowing anyone else to misuse a temporary preprinted paper buyer's tag shall be fined not more than:
      1. Two hundred fifty dollars ($250) for the first offense;
      2. Five hundred dollars ($500) for the second offense; and
      3. One thousand dollars ($1,000) for the third and subsequent offenses.
    2. A buyer who pleads guilty or nolo contendere to or is found guilty of failing to obtain a temporary buyer's tag shall be fined not more than twenty-five dollars ($25.00).
    3. A buyer who pleads guilty or nolo contendere to or is found guilty of altering a preprinted paper buyer's tag or the fraudulent use of a preprinted paper buyer's tag shall be fined not more than:
      1. Two hundred fifty dollars ($250) for the first offense;
      2. Five hundred dollars ($500) for the second offense; and
      3. One thousand dollars ($1,000) for the third and subsequent offenses.
    1. A person who buys a trailer or semitrailer from a licensed dealer may obtain one (1) temporary preprinted paper buyer's tag for the trailer or semitrailer and any correlating sticker that is to be placed on the tag.
    2. The temporary preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.

(i) The actual date of sale;

(ii) The date of expiration;

(2) The secretary shall:

(A) Notify the dealer in writing of the imposition of a penalty or of a suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags under this section; and

(B) Provide information in the notice regarding the prohibited activity upon which the suspension or termination is based.

(3) The dealer's authority to issue temporary preprinted paper buyer's tags may be suspended for:

(A) Six (6) months for the first occurrence under subdivision (h)(1) of this section; or

(B) One (1) year for the second occurrence under subdivision (h)(1) of this section.

(4) The dealer's authority to issue temporary preprinted paper buyer's tags may be terminated for a third or subsequent occurrence under subdivision (h)(1) of this section.

(5)(A) A dealer who desires a hearing on the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary tags under this section, shall notify the secretary in writing within twenty (20) days after receipt of the notice of imposition of a penalty, or of the suspension or termination.

(B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone.

(6)(A) If the decision sustains, in whole or in part, the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business.

(B) The dealer shall serve a copy of the petition on the secretary.

(C) The appeal shall not stay the order of suspension or termination, and the order shall remain in effect and be terminated only in the event a decision reversing the suspension or termination is issued by the circuit court.

(7) An appeal from the circuit court shall be in accordance with the laws governing appeals.

(j) This section does not apply to an owner or lessee of a registered motor vehicle who elects to display a license plate on a replacement motor vehicle under § 27-14-902(a)(3)(B).

History. Acts 2005, No. 1929, § 4; 2009, No. 484, § 5; 2009, No. 756, § 20; 2009, No. 780, § 1; 2011, No. 351, § 1; 2013, No. 747, § 2; 2015, No. 705, §§ 2-4; 2017, No. 1119, §§ 2, 3; 2019, No. 525, § 1; 2019, No. 910, §§ 4606-4613.

A.C.R.C. Notes. Acts 2011, No. 351, § 5, provided:

“(a) The Revenue Division of the Department of Finance and Administration may enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this act.

“(b) The Department of Finance and Administration may compensate the contractor who will provide for the administration and security provisions of the preprinted paper buyer's tag under this act in an amount to be agreed upon between the department and the contractor, not to exceed two dollars and fifty cents ($2.50) per tag.

“(c) The Department of Finance and Administration may promulgate rules and forms for the administration of this act.”

Amendments. The 2009 amendment by No. 484 substituted “preprinted paper” for “cardboard” throughout the section; rewrote (a), which read: “A dealer shall issue to a person who buys an unregistered vehicle one (1) temporary cardboard buyer's tag for the vehicle”; inserted (b)(2)(B), redesignated the remaining text accordingly, and substituted “§ 27-14-903(a)(2)” for “§ 27-14-903(a)(1)” in (b)(2)(A); rewrote (c) and (d); deleted (e), which read: “The dealer is responsible for the safekeeping and distribution of each temporary cardboard buyer's tag that the dealer obtains from the director,” and redesignated the subsequent subsections; rewrote (f)(1); inserted (g)(2), redesignated the remaining text, substituted “issuer” for “dealer” in (g)(1), and inserted “and master license plate number” in (g)(1)(A); rewrote (h); and made related and minor stylistic changes.

The 2009 amendment by No. 756 inserted (b)(3), (b)(4), (i), and present (j)(2), and redesignated accordingly; inserted “is guilty of a violation under § 5-1-108 and” in (j)(1); and made minor stylistic changes.

The 2009 amendment by No. 780 inserted “so as to be clearly legible from a distance of one hundred feet (100’) during daylight hours” in (c)(1), and inserted (c)(3); inserted (d)(2) through (d)(4); and redesignated the remaining text of (d) accordingly.

The 2011 amendment substituted “Office of Motor Vehicle” for “office” throughout the section; substituted “ten (10) calendar” for “five (5) business” in (a)(2)(A)(i) and (a)(2)(B); deleted “the time” following “until” in (a)(2)(A)(iii); redesignated former (d)(1)(A) and (B) as (d)(1)(A); deleted “on the inside rear window of the vehicle. For vehicles without a rear window, the preprinted paper buyer's tag shall be placed” following “be placed” in (d)(1)(A); inserted (d)(1)(B) through (D); substituted “two dollars and fifty cents ($2.50)” for “one dollar ($1.00)” in (f)(1)(A); inserted “of this section” in (g)(2); added present (h)(2) and redesignated former (h)(2) as (h)(3); and, in (h)(3), deleted “failing to obtain a temporary preprinted paper buyer's tag” following “guilty of,” substituted “the fraudulent use of” for “failing to display,” and deleted “within five (5) business days of the date of purchase of a motor vehicle” following “buyer's tag.”

The 2013 amendment substituted “sticker” for “stickers” throughout the section; inserted “color” in (a)(2)(A)(ii); inserted “calendar” before “day” and “days” throughout (b); inserted “and sticker” in (b)(2)(A); added “to keep the tag in place and readable when the vehicle is in use” at the end of (d)(1)(D); substituted “four dollars ($4.00)” for “two dollars and fifty cents ($2.50)”; added the exception at the beginning of (f)(3)(A); added (f)(3)(B); inserted (h) and redesignated the remaining subsections accordingly.

The 2015 amendment substituted “two dollars and fifty cents ($2.50)” for “three dollars ($3.00)” in (f)(3)(B); redesignated former (h)(1) as (h)(1)(A); added (h)(1)(B); inserted “the imposition of a penalty or of” in (h)(2)(A); rewrote (h)(5)(A); and inserted “imposition of a penalty, or of the” in (h)(5)(D).

The 2017 amendment substituted “five dollars and fifty cents ($5.50)” for “four dollars ($4.00)” in (f)(1)(A); and substituted “The amount in excess of the first three dollars ($3.00)” for “All amounts in excess of the first two dollars and fifty cents ($2.50)” in (f)(3)(B).

The 2019 amendment by No. 525 added (k).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (e); and substituted “secretary” for “director” throughout (f) and (h).

Effective Dates. Acts 2015, No. 705, § 5: Oct. 1, 2015. Effective date clause provided: “Sections 1 through 4 of this act are effective on the first day of the calendar quarter following the effective date of this act.”

Acts 2017, No. 1119, § 4: Nov. 13, 2017.

27-14-1706. Vehicles provided for purposes of demonstration or for repair customers.

  1. A dealer may allow a prospective buyer or customer to drive an unregistered vehicle:
    1. To demonstrate or to allow a prospective buyer to test drive the vehicle for sale purposes for a period not to exceed seventy-two (72) hours; or
    2. As a loaner vehicle for a customer while the customer's vehicle is being repaired in the dealer's shop for a period not to exceed fourteen (14) calendar days.
      1. An approved dealer with the capability of issuing a temporary preprinted paper tag shall issue to the prospective buyer or customer one (1) temporary preprinted paper buyer's tag and any correlating stickers that are to be placed on the preprinted paper tag, in accordance with this section.
        1. A licensed dealer who issues a temporary preprinted paper buyer's tag to a prospective buyer or customer shall place the preprinted paper tag at the location provided for the permanent motor vehicle license plate.
        2. If a preprinted paper tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the original dealer may issue a replacement preprinted paper tag that shall expire on the expiration date of the original buyer's tag.
      2. A licensed dealer that issues a preprinted paper tag shall provide any required documentation to the Office of Motor Vehicle on the date of the transaction for entry into the vehicle temporary tag database provided for in § 27-14-1708.
      3. The office shall provide the specifications, form, and color of the temporary preprinted paper tag.
      1. A licensed dealer without the capability of issuing temporary preprinted paper tags shall issue to the prospective buyer or customer a test drive or loaner information sheet required by this section in lieu of the temporary preprinted paper tag.
      2. This sheet shall be maintained in the vehicle for the duration of time in which the prospective buyer or customer has possession of the vehicle.
    1. If the date on which the prospective buyer or customer is required to return the vehicle to the dealer falls on Saturday, Sunday, or a legal holiday on which the dealer is not open for business, then the prospective buyer or customer will have until the next succeeding business day that is not a Saturday, Sunday, or legal holiday to return the vehicle and still be in compliance with this section.
    1. When a dealer provides a motor vehicle to a prospective buyer or customer under this section, the dealer shall complete and keep in his or her possession an information sheet containing:
      1. The year, make, and model of the vehicle;
      2. The vehicle identification number;
      3. The prospective buyer's or customer's name;
      4. The time and date that the temporary preprinted paper tag or information sheet was issued to the prospective buyer or customer;
      5. The reason the vehicle was furnished to the prospective buyer or customer; and
      6. The length of time the prospective buyer or customer may retain the vehicle.
      1. The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the information sheet to be used by dealers under this subsection.
      2. Information sheets retained by the dealer under this subsection are subject to examination by the secretary at any reasonable time.
    1. A temporary preprinted paper buyer's tag or information sheet is not required if the prospective buyer or customer is required to return the vehicle before the end of the business day upon which the vehicle was provided to the prospective buyer or customer, and it is not unlawful for a prospective buyer or customer to test drive an unregistered vehicle in the manner provided in this subsection.
    2. A dealer may issue temporary preprinted paper buyer's tags or use a dealer information sheet for the following purposes:
      1. To demonstrate or allow a prospective buyer to test drive a vehicle for a period not to exceed seventy-two (72) hours;
      2. For a loaner vehicle for a customer while the customer's vehicle is being repaired at the dealer's shop for a period not to exceed fourteen (14) calendar days;
      3. For transporting a vehicle not to exceed seventy-two (72) hours; or
      4. To test drive a vehicle to check its mechanical condition for a period not to exceed seventy-two (72) hours.
    3. The secretary shall design the test drive or loaner information sheet to be used by dealers under this subsection and shall make this information sheet available at all state revenue offices and on the website of the Department of Finance and Administration.
    4. A dealer shall be allowed to make and use photocopies of the test drive or loaner information sheet designed by the department in lieu of the original provided by the department.
  2. Any dealer who violates this section shall be fined the amount of twenty-five dollars ($25.00) per violation.

History. Acts 2005, No. 1929, § 4; 2009, No. 484, § 6; 2011, No. 351, §§ 2, 3; 2019, No. 910, §§ 4614, 4615.

A.C.R.C. Notes. Acts 2011, No. 351, § 5, provided:

“(a) The Revenue Division of the Department of Finance and Administration may enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this act.

“(b) The Department of Finance and Administration may compensate the contractor who will provide for the administration and security provisions of the preprinted paper buyer's tag under this act in an amount to be agreed upon between the department and the contractor, not to exceed two dollars and fifty cents ($2.50) per tag.

“(c) The Department of Finance and Administration may promulgate rules and forms for the administration of this act.”

Amendments. The 2009 amendment, in (b), rewrote (b)(1), inserted (b)(2), and redesignated the subsequent subdivision accordingly; in (c), substituted “a motor vehicle” for “an unregistered vehicle” in (c)(1) and substituted “preprinted paper tag or information sheet” for “cardboard tag” in (c)(1)(D); substituted “preprinted paper buyer's tag or information sheet” for “cardboard tag” in (d)(1); and made a minor stylistic change.

The 2011 amendment combined former (b)(1)(B)(i) and (ii) as (b)(1)(B)(i) and redesignated former (b)(1)(B)(iii) as (b)(1)(B)(ii); in (b)(1)(B)(i), deleted “in the rear window of the vehicle. If the vehicle does not have a rear window, the preprinted paper tag shall be placed” following “paper tag”; inserted “license plate” in (b)(1)(B)(ii); and rewrote (d)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c)(2)(A); and substituted “secretary” for “director” in (c)(2)(B) and (d)(3).

27-14-1707. Authority to promulgate rules.

In addition to the authority provided in § 27-14-403, the Secretary of the Department of Finance and Administration may promulgate, adopt, and enforce such rules as may be necessary to carry out this subchapter.

History. Acts 2005, No. 1929, § 4; 2019, No. 910, § 4616.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1708. Temporary tag database.

  1. There is created a vehicle temporary tag database within the Revenue Division of the Department of Finance and Administration to develop, establish, and maintain a database of information to verify compliance with the unregistered motor vehicle preprinted paper buyer's tag laws of Arkansas in this chapter.
    1. The vehicle temporary tag database shall be administered by the Revenue Division of the Department of Finance and Administration with the assistance of the Division of Information Systems or other designated agent with whom the Revenue Division of the Department of Finance and Administration may contract to supply technical database and data processing expertise.
    2. The vehicle temporary tag database shall be developed and maintained in accordance with guidelines established by the Revenue Division of the Department of Finance and Administration so that state and local law enforcement agencies can access the vehicle temporary tag database to determine compliance with the sale, licensing, and registration of motor vehicles, as required by law.
  2. The Revenue Division of the Department of Finance and Administration shall have the authority to enter into or to make agreements, arrangements, or declarations necessary to carry out the provisions of this section.
    1. Upon request, the Revenue Division of the Department of Finance and Administration may release information in the vehicle temporary tag database to:
      1. The owner to whom the temporary tag was issued;
      2. The parent or legal guardian of the owner to whom the temporary tag was issued if the owner is under eighteen (18) years of age or is legally incapacitated; and
      3. State and local law enforcement agencies, the Arkansas Crime Information Center, or other government offices upon a showing of need.
    2. Except as provided in (d)(1) of this section, all data and information received by the vehicle temporary tag database is confidential and is not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.
  3. The Revenue Division of the Department of Finance and Administration or the reporting company shall not be liable for any damages to any property or person due to any act or omission in the reporting or keeping of any record or information contained in the vehicle temporary tag database or the issuing or renewing of any motor vehicle registration in accordance with the vehicle temporary tag database.

History. Acts 2009, No. 484, § 7; 2019, No. 910, §§ 6323-6326.

Amendments. The 2019 amendment substituted “Revenue Division of the Department of Finance and Administration” for “division” following “administered by the” in (b)(1), and in (c), (d)(1), and (e); and substituted “Division of Information Systems” for “Department of Information Systems” in (b)(1).

27-14-1709. Definition.

As used in this subchapter, “dealer” means a new motor vehicle dealer licensed under § 23-112-301 or a used motor vehicle dealer licensed under § 23-112-607 who is engaged in the sale of:

  1. New motor vehicles;
  2. Used motor vehicles;
  3. Motorcycles or motor-driven cycles as defined under § 27-20-101; or
  4. Motor homes.

History. Acts 2011, No. 351, § 4.

A.C.R.C. Notes. Acts 2011, No. 351, § 5, provided:

“(a) The Revenue Division of the Department of Finance and Administration may enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this act.

“(b) The Department of Finance and Administration may compensate the contractor who will provide for the administration and security provisions of the preprinted paper buyer's tag under this act in an amount to be agreed upon between the department and the contractor, not to exceed two dollars and fifty cents ($2.50) per tag.

“(c) The Department of Finance and Administration may promulgate rules and forms for the administration of this act.”

Subchapter 18 — Vehicles in Transit to Dealers

Effective Dates. Acts 1935, No. 183, § 8: Approved Mar. 22, 1935. Emergency clause provided: “On account of the fact that at the present time no provision exists in our law for regulating and taxing motor vehicles in transit, and on account of the depleted condition of the State Highway Fund, an emergency is hereby declared to exist and this act shall become effective immediately upon its passage.”

Acts 1938 (1st Ex. Sess.), No. 9, § 5: Approved Apr. 1, 1938. Emergency clause provided: “Due to the fact that the present law does not fix an adequate fee for regulating and taxing motor vehicles in transit, and on account of the necessity of increased revenues of the State Highway funds to enable the State to pay the bonds of Bridge Improvement Districts and place said Bridge Improvement Districts on a parity with toll bridges which the State proposes to make free from tolls, an emergency is hereby declared to exist and this Act shall take effect and be in force from and after its passage.”

Acts 1951, No. 31, § 6: Approved Jan. 31, 1951. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (1) that traffic accidents resulting in injuries and deaths to persons and damages to property are increasing at an alarming rate, due in part to increased use of the highways; (2) that present appropriations and revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (3) that only the provisions of this act will provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force from and after its passage.”

Acts 1965, No. 493, § 10: Mar. 20, 1965. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (a) that traffic accidents resulting in injuries and deaths of persons and damages to property are increasing at an alarming rate; (b) that present revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (c) that only the provisions of this act will tend to provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force on and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1801. Penalty.

  1. It shall be unlawful for any person to display a placard except as provided in this subchapter.
  2. A person who violates any of the provisions of this subchapter or any of the rules promulgated in this subchapter is guilty of a misdemeanor and shall be fined:
    1. Five hundred dollars ($500) for the first offense;
    2. One thousand dollars ($1,000) for the second offense; and
    3. One thousand five hundred dollars ($1,500) for the third and each subsequent offense.

History. Acts 1935, No. 183, § 6; Pope's Dig., § 6626; A.S.A. 1947, § 75-234; Acts 2009, No. 318, § 1.

Amendments. The 2009 amendment rewrote (b).

27-14-1802. Construction.

This subchapter shall be construed to be cumulative to the existing laws and shall not be construed to exempt any motor vehicle being operated for hire or by an individual purchaser, the object of this subchapter being to regulate and tax only motor vehicles in transit from a manufacturer to a dealer, or from one dealer to another.

History. Acts 1935, No. 183, § 3; Pope's Dig., § 6623; A.S.A. 1947, § 75-231.

27-14-1803. Applicability.

  1. This subchapter shall apply to all motor vehicles operated on the highways of this state which are in transit from a manufacturer to a dealer or from one dealer to another, whether the vehicles are driven or towed.
  2. Nothing in this subchapter shall be construed to exempt trucks or trailers hauling cars for delivery, except in case the truck or trailer is also in transit for delivery.

History. Acts 1935, No. 183, §§ 2, 4; Pope's Dig., §§ 6622, 6624; A.S.A. 1947, §§ 75-230, 75-232.

27-14-1804. Nonapplicable if regular plates used.

This subchapter shall not apply to any person, firm, or corporation engaged in towing or driving motor vehicles on the public highways of this state where the motor vehicles display bona fide license or dealer's license plates issued by the Secretary of the Department of Finance and Administration.

History. Acts 1935, No. 183, § 1; 1938 (1st Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229; Acts 2019, No. 910, § 4617.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1805. Use of “IN TRANSIT” placards.

    1. Motor vehicles and trailers in the course of delivery from a manufacturer to a dealer, or from one dealer to another, may be operated on the highways without license number plates being attached, if they display, on the rear, a placard issued by the Secretary of the Department of Finance and Administration, bearing the words “IN TRANSIT”, the registration number, the time and date the placard was issued, and the genuine signature of the secretary or his or her agent.
    2. The letters and figures shall be of such size and type to meet the requirements of the secretary.
    1. The fee for the registration of these vehicles shall be three dollars ($3.00) for each placard.
    2. The fee shall be collected by the secretary before issuance of the placard.
    1. All placards issued under the provisions of this subchapter shall permit operation of motor vehicles on the highways of this state for a period not exceeding forty-eight (48) hours.
    2. The placard shall be good for one (1) trip only.

History. Acts 1935, No. 183, § 1; Pope's Dig., § 6621; Acts 1938 (1st Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229; Acts 2019, No. 910, §§ 4618, 4619.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” throughout (a) and in (b)(2).

27-14-1806. Metal transporter plate.

    1. Any person, firm, or corporation that is regularly engaged in the business of driving or towing motor vehicles or trailers as defined in § 27-14-1805, upon the payment of a fee of thirty dollars ($30.00), may be issued an annual metal transporter plate by the Secretary of the Department of Finance and Administration.
    2. This metal plate shall not expire until December 31 of the calendar year in which it is purchased.
    3. The plate shall be attached to the rear of any vehicle being operated by the licensee in conformity with this subchapter.
    1. The fee for this annual transporter plate shall not be reduced but shall remain at thirty dollars ($30.00).
    2. If this annual transporter plate is lost by the licensee, it must be replaced by an original annual transporter plate for a fee of thirty dollars ($30.00).

History. Acts 1935, No. 183, § 1; 1938 (1st Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229; Acts 2015, No. 1252, § 1; 2019, No. 910, § 4620.

Amendments. The 2015 amendment deleted “other than an automobile dealer” following “corporation” in (a)(1).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-14-1807. Disposition of fees.

All fees collected under the provisions of this subchapter shall be deposited into the State Treasury as special revenues, and the net amount thereof shall be credited to the Department of Arkansas State Police Fund, there to be used for the operation, maintenance, and improvement of the Department of Arkansas State Police.

History. Acts 1935, No. 183, § 7; Pope's Dig., § 6627; Acts 1938 (1st Ex. Sess.), No. 9, § 2; 1949, No. 5, § 16; 1951, No. 31, § 3; 1961, No. 68, § 18; 1965, No. 493, § 5; A.S.A. 1947, § 75-235.

Case Notes

Use of Revenue.

Revenue arising under this subchapter, being not included by any express language in the provisions of the law for refunding highway and toll bridge obligations of the state, was available, to the extent of any unimpaired balance collected during year, for the payment of warrants to which any bridge district was legally entitled. Sebastian Bridge Dist. v. State Refunding Bd., 197 Ark. 790, 124 S.W.2d 960 (1939).

27-14-1808. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate such rules as he or she deems necessary for the proper enforcement of this subchapter.

History. Acts 1935, No. 183, § 5; Pope's Dig., § 6625; A.S.A. 1947, § 75-233; Acts 2019, No. 315, § 3106; 2019, No. 910, § 4621.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 19 — Transporting of Motor Homes by Manufacturers

Effective Dates. Acts 1973, No. 503, § 5: Mar. 29, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws of this State are unclear as to the method of licensing motor homes for the purpose of transporting such motor homes from the manufacturer to the dealers, distributors, or consumers and that an orderly system of such licensing is necessary to promote a more efficient manner of in-transit motor home licensing as well as to promote highway safety. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-1901. Definition.

As used in this subchapter, “manufacturer” means any person, firm, or corporation engaged in manufacturing or assembling motor homes at or from an established place of business within this state.

History. Acts 1973, No. 503, § 2; A.S.A. 1947, § 75-292.1.

27-14-1902. Application for license.

    1. Any person, firm, or corporation engaged in the business of manufacturing motor homes in this state shall apply for a motor home manufacturers' license for the sole purpose of delivering or transporting the manufacturers' motor homes on the public highways and streets of this state from the manufacturer to a distributor or from the manufacturer to a dealer or from the manufacturer to a consumer.
    2. All applications for manufacturers' master license plates shall be made to the Office of Motor Vehicle.
  1. Both manufacturers' master license plates and manufacturers' extra plates shall expire annually on December 31, and applications for renewal shall be made between January 1 and January 31 of the succeeding year.

History. Acts 1973, No. 503, §§ 1, 3; A.S.A. 1947, §§ 75-292, 75-292.2.

27-14-1903. Fees.

  1. There shall be paid a fee of ninety-eight dollars ($98.00) for a manufacturers' master license plate and a fee of thirteen dollars ($13.00) for each additional manufacturers' extra plate.
  2. The fees for the manufacturers' master license plate and manufacturers' extra license plates provided for in this section shall not be reduced during the calendar year.

History. Acts 1973, No. 503, §§ 1, 3; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-292, 75-292.2.

27-14-1904. Design of plates.

Manufacturers' master license plates shall be of such form and design as prescribed by the Secretary of the Department of Finance and Administration.

History. Acts 1973, No. 503, § 3; A.S.A. 1947, § 75-292.2; Acts 2019, No. 910, § 4622.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1905. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate rules consistent with the provisions of this subchapter.

History. Acts 1973, No. 503, § 4; A.S.A. 1947, § 75-292.3; Acts 2019, No. 315, § 3107; 2019, No. 910, § 4623.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 20 — Licensing of Dealers and Wreckers

27-14-2001. License required.

  1. No person, unless licensed to do so by the Office of Motor Vehicle under the provisions of this chapter, shall carry on or conduct the business of:
    1. A dealer in motor vehicles, trailers, or semitrailers, of a type subject to registration;
    2. A dealer in used parts or used accessories of motor vehicles; or
    3. Wrecking or dismantling any vehicle for resale of the parts thereof.
    1. Application for a dealer's or wrecker's license shall be made upon the form prescribed by the office and shall contain the name and address of the applicant.
      1. When the applicant is a partnership, the name and address of each partner shall be set forth.
      2. When the applicant is a corporation, the names of the principal officers of the corporation, the state in which incorporated, the place or places where the business is to be conducted, the nature of the business, and other information as may be required by the office shall be set forth.
    2. Every application shall be verified by the oath or affirmation of the applicant, if an individual, or, in the event an applicant is a partnership or corporation, then by a partner or officer thereof.
    3. Every application shall be accompanied by the fee required by law for each place of business.

History. Acts 1949, No. 142, § 65; A.S.A. 1947, § 75-165.

27-14-2002. Issuance of license certificate.

    1. The Office of Motor Vehicle, upon receiving application accompanied by the required fee and when satisfied that the applicant is of good character and, so far as can be ascertained, has complied with, and will comply with, the laws of this state with reference to the registration of vehicles and certificates of title and the provisions of this chapter, shall issue to the applicant a license certificate which shall entitle the licensee to carry on and conduct the business of a dealer or wrecker, as the case may be, during the calendar year in which the license is issued.
    2. Every such license shall expire on December 31 of each year and may be renewed upon application and payment of the fee required by law.
  1. The office may refuse to issue a license or, after a written notice to the licensee and a hearing, may suspend or revoke a license when satisfied that the applicant for a license or the licensee has failed to comply with the provisions of this chapter or that a license has been fraudulently procured or erroneously issued.
  2. Any licensee, before removing any one (1) or more of his or her places of business or opening any additional place of business, shall apply to the office for, and obtain, a supplemental license for which a fee shall be charged.

History. Acts 1949, No. 142, § 66; 1959, No. 307, § 11; A.S.A. 1947, § 75-166.

Cross References. Penalty for violation of this section, § 27-50-305.

27-14-2003. Records to be maintained.

Every licensee shall maintain for three (3) years, in the form the Office of Motor Vehicle prescribes, a record of:

  1. Every vehicle or used part, accessory, body, chassis, or engine of, or for, a vehicle received or acquired by him or her, its description and identifying number, the date of its receipt or acquisition, and the name and address of the person from whom received or acquired;
  2. Every vehicle or vehicle body, chassis, or engine disposed of by him or her, its description and identifying number, the date of its disposition, and the name and address of the person to whom disposed of; and
  3. Every vehicle wrecked or dismantled by him or her and the date of its wrecking or dismantling. Every such record shall be open to inspection by any representative of the office or peace officer during reasonable business hours.

History. Acts 1949, No. 142, § 66; 1959, No. 307, § 11; A.S.A. 1947, § 75-166.

Cross References. Penalty for violation of this section, § 27-50-305.

Subchapter 21 — Drive-Out Tags

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-2101. Provisions supplemental.

This subchapter is in no respect to be considered as a repeal of any of the motor vehicle laws already in effect, specifically § 27-18-101 et seq., but shall be construed as supplementary thereto.

History. Acts 1955, No. 111, § 4; A.S.A. 1947, § 75-235.4.

27-14-2102. Issuance authorized.

The Secretary of the Department of Finance and Administration is authorized to design and issue a drive-out tag for use in cases where automobile dealers in this state sell a motor vehicle to a nonresident who desires to immediately remove the vehicle to the state of his or her residence.

History. Acts 1955, No. 111, § 1; A.S.A. 1947, § 75-235.1; Acts 2019, No. 910, § 4624.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-2103. Validity period.

Drive-out tags shall not be valid in any event for more than fourteen (14) days.

History. Acts 1955, No. 111, § 2; A.S.A. 1947, § 75-235.2; Acts 1997, No. 1208, § 1.

27-14-2104. Fee — Disposition.

  1. Drive-out tags shall be issued for a fee of two dollars ($2.00) per tag.
  2. Proceeds of the sales shall be credited to the Department of Arkansas State Police Fund.

History. Acts 1955, No. 111, § 2; A.S.A. 1947, § 75-235.2; Acts 1997, No. 1208, § 2.

27-14-2105. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate such rules as he or she deems necessary for the proper enforcement of this subchapter.

History. Acts 1955, No. 111, § 3; A.S.A. 1947, § 75-235.3; Acts 2019, No. 315, § 3108; 2019, No. 910, § 4625.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 22 — Theft of Vehicles and Parts

Effective Dates. Acts 1911, No. 134, § 20: Effective on passage. Approved Mar. 24, 1911.

Acts 1919, No. 423, § 4: Effective on passage. Emergency declared. Approved Mar. 27, 1919.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-2201, 27-14-2202. [Repealed.]

Publisher's Notes. These sections, concerning reports of theft or recovery of stolen vehicles to Department of Arkansas State Police, were repealed by Acts 2013, No. 142, §§ 1, 2. The sections were derived from:

27-14-2201. Acts 1969, No. 380, §§ 1, 2; A.S.A. 1947, §§ 75-167.1, 75-167.2.

27-14-2202. Acts 1969, No. 380, § 3; A.S.A. 1947, § 75-167.3.

27-14-2203. [Repealed.]

Publisher's Notes. This section, concerning police reporting of stolen vehicles to the Office of Motor Vehicle, was repealed by Act 2003, No. 833, § 3. The section was derived from Acts 1949, No. 142, § 67; A.S.A. 1947, § 75-167.

27-14-2204. Reports to office by owners or lienholders.

  1. The owner of or person having a lien or encumbrance upon a registered vehicle which has been stolen or embezzled may notify the Office of Motor Vehicle of the theft or embezzlement, but in the event of an embezzlement, may make a report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.
  2. Every owner or other person who has given any such notice must notify the office of a recovery of the vehicle.

History. Acts 1949, No. 142, § 68; A.S.A. 1947, § 75-168.

27-14-2205. Processing of reports by office — Lists.

  1. The Office of Motor Vehicle, upon receiving a report of a stolen or embezzled vehicle as provided in § 27-14-2204, shall file and appropriately index it, shall immediately suspend the registration of the stolen or embezzled vehicle so reported, and shall not transfer the registration of the stolen or embezzled vehicle until such time as the office is notified in writing that the stolen or embezzled vehicle has been recovered.
  2. The office shall, at least one (1) time each week, compile and maintain at its headquarters office a list of all vehicles which have been stolen, embezzled, or recovered as reported to the office during the preceding week. The lists shall be open to inspection by any police officer or other person interested in any such vehicle.

History. Acts 1949, No. 142, § 69; A.S.A. 1947, § 75-169.

27-14-2206. Report of vehicle left in storage or parked over thirty days.

    1. Whenever any vehicle of a type subject to registration in this state has been stored, parked, or left in a garage, trailer park, or any type of storage or parking lot for a period of over thirty (30) days, the owner of the garage, trailer park, or lot shall, within five (5) days after the expiration of that period, report the make, model, or serial or vehicle identification number of the vehicle as unclaimed to the Automobile Theft Section of the Department of Arkansas State Police.
    2. The report shall be on a form prescribed and furnished by the Department of Arkansas State Police.
  1. Nothing in this section shall apply when arrangements have been made for continuous storage or parking by the owner of the motor vehicle so parked or stored or when the owner of the motor vehicle so parked or stored is personally known to the owner or operator of the garage, trailer park, storage, or parking lot.
    1. Any person who fails to submit the report required under this section shall forfeit all claims for storage of the vehicle and shall be guilty of a misdemeanor, punishable by a fine of not more than twenty-five dollars ($25.00).
    2. Each day's failure to make a report required under this section shall constitute a separate offense.

History. Acts 1969, No. 380, § 4; A.S.A. 1947, § 75-167.4.

27-14-2207. Unlawful taking of vehicle.

  1. Any person who drives a vehicle, not his or her own, without the consent of the owner thereof and with intent temporarily to deprive the owner of his or her possession of the vehicle, without intent to steal the vehicle, is guilty of a misdemeanor.
  2. The consent of the owner of a vehicle to the vehicle's taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.
  3. Any person who assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or driving, is guilty of a misdemeanor.

History. Acts 1949, No. 142, § 70; A.S.A. 1947, § 75-170.

Cross References. Unauthorized use of vehicle, § 5-36-108.

Case Notes

Boats.

The joy-riding and trespass statutes do not apply to boats; consequently, there is no error in a court's refusing to instruct on the joy-riding and trespass statutes in a case where defendant was accused of stealing a boat. Weber v. State, 250 Ark. 566, 466 S.W.2d 257 (1971).

Cited: Hall v. State, 242 Ark. 201, 412 S.W.2d 603 (1967).

27-14-2208, 27-14-2209. [Repealed.]

Publisher's Notes. These sections, concerning the use of a vehicle without the owner's consent and the prohibition of bonuses to a caretaker of another's vehicle, were repealed by Acts 2013, No. 1142, §§ 1, 2. The sections were derived from:

27-14-2208. Acts 1911, No. 134, § 16, p. 94; C. & M. Dig., § 7432; Pope's Dig., § 6644; A.S.A. 1947, § 75-194.

27-14-2209. Acts 1911, No. 134, § 16, p. 94; C. & M. Dig., § 7432; Pope's Dig., § 6644; A.S.A. 1947, § 75-194.

27-14-2210. Vehicles or engines without manufacturer's numbers.

  1. Any person who knowingly buys, receives, disposes of, sells, offers for sale, or has in his or her possession any motor vehicle or engine removed from a motor vehicle from which the manufacturer's serial or engine number or other distinguishing number or identification mark or number placed thereon under assignment from the Office of Motor Vehicle has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the motor vehicle or engine is guilty of a misdemeanor.
  2. Any person who pleads guilty or nolo contendere to or is found guilty of a second or subsequent offense shall be guilty of a Class D felony.

History. Acts 1949, No. 142, § 73; A.S.A. 1947, § 75-173; Acts 2003, No. 1351, § 1.

Research References

A.L.R.

Criminal liability, under state law, concerning illegal removal or alteration of vehicle identification number, including sale or possession of altered motor vehicles or parts. 107 A.L.R.5th 567.

27-14-2211. Altering or changing engine or other numbers.

    1. No person shall, with fraudulent intent, deface, destroy, or alter the manufacturer's serial or engine number or other distinguishing number or identification mark of a motor vehicle, nor shall any person place or stamp any serial, engine, or other number or mark upon a motor vehicle except one assigned by the Office of Motor Vehicle.
    2. Any violation of this subsection is a Class C felony.
  1. This section shall not prohibit the restoration by an owner of an original serial, engine, or other number or mark when the restoration is made under permit issued by the office or prevent any manufacturer from placing, in the ordinary course of business, numbers or marks upon motor vehicles or parts thereof.

History. Acts 1949, No. 142, § 74; A.S.A. 1947, § 75-174; Acts 2003, No. 199, § 1.

Research References

A.L.R.

Criminal liability, under state law, concerning illegal removal or alteration of vehicle identification number, including sale or possession of altered motor vehicles or parts. 107 A.L.R.5th 567.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Alteration of Serial or Engine Number, 26 U. Ark. Little Rock L. Rev. 503.

Case Notes

Cited: King v. Roy, 319 F.3d 345 (8th Cir. 2003).

27-14-2212. Mutilation of serial numbers.

    1. It shall be unlawful for any person, firm, or corporation to have in its possession an automobile, automobile tires, or gasoline engine, the motor and serial number of which have been mutilated to the extent that it cannot be read.
    2. When any automobile, automobile tires, or gasoline engine has been stolen and recovered and the serial numbers found mutilated, the court where the case may be tried shall have power to authorize the rightful owner of the automobile tires or accessories to continue the use of them.
    3. The court shall also direct that the owner of the car have the original serial numbers restenciled on the engine, motor, or car.
  1. Any person convicted of violating subsection (a) of this section shall be deemed guilty of a felony and punished by imprisonment in the Division of Correction for not less than one (1) year nor more than five (5) years.

History. Acts 1919, No. 423, §§ 1, 3; C. & M. Dig., §§ 7437, 7439; Pope's Dig., §§ 6649, 6651; A.S.A. 1947, §§ 75-192, 75-193; Acts 2019, No. 910, § 1026.

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (b).

Case Notes

Constitutionality.

This section is not unconstitutional as to one having possession of an automobile without knowledge of the fact that the motor and serial numbers have been so mutilated that they cannot be read. Baker v. State, 177 Ark. 1042, 9 S.W.2d 243 (1928).

Construction.

This section must be strictly construed against defendant and liberally in his favor. Baker v. State, 177 Ark. 1042, 9 S.W.2d 243 (1928).

Effect on Value.

One cannot claim that there is no useable value of an automobile because its serial number had been mutilated. Aetna Ins. Co. v. Mills, 176 Ark. 684, 3 S.W.2d 999 (1928).

Elements of Offense.

This section is intended to impose a penalty only on one who mutilates both the serial and motor numbers, so a plea admitting possession of a car with motor number only mutilated would not be a plea of guilty, since either number, if not mutilated, would identify the car. Baker v. State, 177 Ark. 1042, 9 S.W.2d 243 (1928).

Knowledge of Mutilation.

In a prosecution for possessing an automobile tire on which the serial numbers had been mutilated, it is not error to instruct that if the defendant kept the tire in his possession after he knew that the serial numbers had been mutilated he would be guilty. Hall v. State, 171 Ark. 787, 286 S.W. 1026 (1926).

Subchapter 23 — Disclosure of Damage and Repair on the Certificate of Title

A.C.R.C. Notes. References to “this chapter” in subchapters 1-22 may not apply to this subchapter which was enacted subsequently.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-2301. Definitions.

As used in this subchapter:

    1. “Dealer” means any person or business who sells or offers for sale a motor vehicle after selling or offering for sale five (5) or more motor vehicles in the previous twelve (12) months or who is a new or used motor vehicle dealer licensed by or with the State of Arkansas.
    2. Persons or businesses that operate as salvage vehicle pools or salvage vehicle auctions are not dealers under this subchapter when selling vehicle parts to a dealer;
  1. “Motor vehicle” means every self-propelled vehicle except motorcycles, motor-driven cycles, and trucks with an unladen weight of ten thousand pounds (10,000 lbs.) or more, in, upon, or by which any person or property is or may be transported upon a street or highway;
    1. “Occurrence” means the event that caused the motor vehicle to become damaged.
    2. “Occurrence” includes without limitation collision, theft, vandalism, storm, or flood;
  2. “Office of Motor Vehicle” or “office” means the Office of Motor Vehicle of the Revenue Division of the Department of Finance and Administration;
  3. “Owner” means an individual, insurance company, or other entity with legal title to the motor vehicle;
  4. “Salvage vehicle” means a motor vehicle that is:
    1. Water-damaged; or
    2. Sustains any other damage in an amount equal to or exceeding seventy percent (70%) of its average retail value as determined under criteria established by rule of the Office of Motor Vehicle; and
  5. “Water-damaged” means a motor vehicle that has been submerged or partially submerged in water to the point that rising water has:
    1. Reached over the doorsill of the motor vehicle;
    2. Entered the passenger compartment of the motor vehicle; and
    3. Caused damage to the motor vehicle's powertrain, primary computer, or electrical systems.

History. Acts 1993, No. 614, § 1; 2007, No. 410, § 1; 2019, No. 497, § 1.

Amendments. The 2019 amendment rewrote (7).

27-14-2302. Issuance of damage certificate.

      1. When an insurer acquires the ownership of a salvage vehicle for which a salvage vehicle title has not been issued, the insurer shall surrender the certificate of title for the salvage vehicle to the Office of Motor Vehicle within thirty (30) days following the acquisition of the certificate of title to the salvage vehicle.
      2. When an insurer acquires the ownership of a vehicle eight (8) or more model years old before the calendar year of the occurrence, the insurer may surrender the certificate of title for the vehicle to the office in exchange for a salvage certificate of title or a parts-only title.
      1. If a motor vehicle becomes a salvage vehicle and an insurer indemnifies under the insurance policy but the insurer does not take title to the salvage vehicle, the insurer shall notify the office that the motor vehicle is a salvage vehicle pursuant to the notification procedure required under this subsection.
      2. The office shall attach a note or stamp to any copy of a title issued by the office or to any reissued or changed title.
      3. The note or stamp shall state that the motor vehicle is a salvage vehicle and shall remain in place until the owner of the vehicle surrenders the certificate of title on the salvage vehicle and a salvage vehicle title or prior salvage vehicle title is issued by the office.
      1. If a person other than an insurer owns a salvage vehicle for which a salvage vehicle title has not been issued, the owner shall surrender the certificate of title for the salvage vehicle to the office within thirty (30) days following the date that the motor vehicle became a salvage vehicle.
      2. If a person other than an insurer owns a vehicle that is eight (8) or more model years old before the calendar year of the occurrence, the owner may surrender the certificate of title for the vehicle to the office in exchange for a salvage certificate of title or a parts-only title.
  1. Upon receipt of the title, there shall be issued a new certificate of title with the word “salvage” printed in the remarks section on the face of the title.
    1. An Arkansas certificate of title issued from an out-of-state certificate of title or comparable ownership document that carries a designation such as “damaged”, “salvaged”, “water-damaged”, “reconstructed”, “rebuilt”, or other similar classification shall have a brand notation printed in the remarks section on its face as would be required by this subchapter to be printed on an Arkansas certificate of title issued under the provisions of either subsection (b) or subsection (e) of this section.
      1. Provided, however, an Arkansas certificate of title shall not be issued from an out-of-state junking certificate or other ownership document bearing a designation of “junk”, “parts only”, “nonrepairable”, or similar classification, it being the intent of this section that any motor vehicle damaged to the extent that it has been so designated shall be dismantled for parts or scrap and shall not be registered in the State of Arkansas but may receive a “parts only” title.
        1. An Arkansas title may be issued only if the state that placed the designation on the certificate of title or issued the junking certificate removes the designation or cancels the junking certificate and replaces it with a certificate of title.
        2. The designation placed on the certificate of title or issuance of junking certificate may be modified or removed only by that state.
        3. A court of this state shall not have jurisdiction to change or modify the designation or finding of another state issuing a certificate of title or the junking certificate.
    1. When any motor vehicle issued a “salvage” certificate of title or similar branded title by another state is rebuilt or reconstructed, the owner shall, within ten (10) working days, make application to the office for the registration and issuance of a new certificate of title to the motor vehicle.
    2. The application shall be accompanied by the “salvage” certificate of title or similar title issued by another state, a fee in the amount now or hereafter prescribed by law for the registration and issuance of a certificate of title, and a sworn statement executed by the rebuilder or restorer on a form prescribed by the office describing the types of repairs performed, listing all parts replaced, and including the vehicle identification number of any parts bearing such a number or a derivative thereof.
    1. Upon receipt of such “salvage” certificate of title or similar title issued by another state and the sworn statement required to be submitted by subsection (d) of this section, there shall be issued a new certificate of title with the word “rebuilt” printed in the remarks section on the face of the title.
    2. The brand shall be carried forward and printed in the remarks section on the face of all titles issued thereafter for the motor vehicle.
  2. The sworn statement submitted pursuant to subsection (d) of this section shall be maintained by the office as a part of the permanent title record of the motor vehicle in question, and the information contained therein shall be made available to any prospective buyer or transferee upon request.
    1. If an insurer has the responsibility under this subchapter to surrender the certificate of title on a salvage vehicle for which it has taken title or to notify the office that a motor vehicle is a salvage vehicle, prior salvage vehicle, or “parts only” vehicle, the insurer may delegate its responsibility to surrender the certificate of title or to notify the office to a servicing organization or to a buyer of the salvage vehicle from the insurer.
    2. The insurer shall remain responsible under Arkansas law if the servicing organization or buyer fails to properly surrender the title or notify the office.
    1. The office may issue a “parts only” title to the owner of a salvage vehicle under the following conditions:
      1. The owner of the salvage vehicle decides that the salvage vehicle has no resale value except as a source for parts or scrap; and
      2. The owner surrenders the current certificate of title to the salvage vehicle to the office.
    2. An owner under this subsection may be an insurer that owns the salvage vehicle.
      1. The salvage vehicle shall be dismantled for parts or scrap and issued a “parts only” title in the State of Arkansas.
      2. The “parts only” brand shall be carried forward and printed in the remarks section on the face of all titles subsequently issued for the motor vehicle without regard to the claim of any person that the salvage vehicle has been rebuilt or reconstructed.

History. Acts 1993, No. 614, § 2; 2001, No. 328, § 2; 2007, No. 410, § 2; 2009, No. 445, §§ 1, 2; 2009, No. 483, § 1; 2017, No. 651, § 1.

Publisher's Notes. Acts 1993, No. 614, § 2, provided, in part:

“In the event an appropriation is provided for elsewhere by law to be used by the Department of Finance and Administration, Revenue Division to defray the expenses incurred by the Office of Motor Vehicles to provide a 1-900 toll service telephone number, the information contained in the sworn statement submitted pursuant to subsection (d) of this section shall be made available to any prospective buyer or transferee who provides the Office of Motor Vehicles with the vehicle identification number through the use of such 1-900 toll service number. The Director of the Department of Finance and Administration is authorized to establish a fee for use of such 1-900 toll service that is sufficient to cover the expenses of operating such a service, and all revenues derived from the operation of such 1-900 toll service shall be deposited to the State Central Services Fund Account for support of such service. Nothing herein shall be construed as to require the Department of Finance and Administration to establish a 1-900 toll service for the purposes specified herein if an appropriation is not enacted to authorize the expenditure of funds generated by such service for its support.”

Amendments. The 2009 amendment by No. 445 deleted (a)(4); and added (h).

The 2009 amendment by No. 483 substituted “A court of this state shall not have” for “No court of this state shall have” in (c)(2)(B)(iii).

The 2017 amendment added (a)(1)(B) and redesignated (a)(1) as (a)(1)(A); and added (a)(3)(B) and redesignated (a)(3) as (a)(3)(A).

27-14-2303. Disclosure requirements.

    1. When any dealer in this state offers for sale a motor vehicle which carries a title branded pursuant to this subchapter, the dealer shall disclose to any prospective buyer or purchaser prior to sale the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle on file with the Office of Motor Vehicle.
    2. The disclosure shall be on a buyer's notification form to be prescribed by the Consumer Protection Division of the Office of the Attorney General.
      1. The form shall be fully filled out and affixed to a side window of the motor vehicle with the title “Buyer's Notification” facing to the outside.
      2. The form may be removed temporarily from the window during any test drive, but it shall be replaced as soon as the test drive is over.
    1. When any motor vehicle owner who is not a dealer knowingly offers for sale or trade a motor vehicle which carries a title branded pursuant to this subchapter, the owner shall disclose to any prospective buyer or purchaser prior to the sale or trade the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle as on file with the Office of Motor Vehicle.
    2. The disclosure shall be on a buyer's notification form to be prescribed by the division.
    1. The form to be prescribed by the division shall have an acknowledgment section that the seller shall require the buyer to sign prior to completing a sales transaction on a motor vehicle that carries a branded title.
    2. The seller shall retain a copy of the signed notification form.
    1. Failure of the seller to procure the buyer's acknowledgment signature shall render the sale voidable at the election of the buyer.
    2. The election to render the sale voidable shall be limited to sixty (60) days after the sales transaction.
    3. The buyer's right to render voidable the purchase is in addition to any other right or remedy which may be available to the buyer. In the event that the seller makes full refund of the purchase price to the buyer within ten (10) days after receipt of the buyer's election to void the sales transaction, the seller shall be subject to no further liability in connection with the sales transaction.

History. Acts 1993, No. 614, § 3; 1995, No. 620, § 1; 1999, No. 1303, § 1; 1999, No. 1572, § 1.

Case Notes

Evidence.

A car buyer properly elected to void the sale of a car where the sellers violated this section by failing to furnish the buyer with a description of damage sustained to the car on a buyer's notification form and by failing to procure the buyer's acknowledgment signature on a buyer's notification form. Auto Connection, Inc. v. Gardner, 73 Ark. App. 154, 41 S.W.3d 417 (2001).

27-14-2304. Violations — Penalties.

  1. Any repairer, rebuilder, or restorer who pleads guilty or nolo contendere to or who is found guilty of failing to provide to a motor vehicle owner the sworn statement required by § 27-14-2302 to be submitted to the Office of Motor Vehicle, or, if the repairer, rebuilder, or restorer is the motor vehicle owner, failing to submit the sworn statement required by § 27-14-2302 to be submitted to the office, or any motor vehicle owner who conceals or attempts to conceal the fact that the motor vehicle has been damaged from any prospective buyer or transferee in violation of this subchapter shall be guilty of a Class A misdemeanor and shall be punished as provided by law.
  2. Any dealer who pleads guilty or nolo contendere to or who is found guilty of failing to disclose the information provided for in § 27-14-2302 or any motor vehicle owner who conceals or attempts to conceal the fact that the motor vehicle has been damaged from any prospective buyer or purchaser in violation of this subchapter shall be guilty of a Class A misdemeanor and shall be punished as provided by law.
  3. Any sale, attempted sale, or transfer of a motor vehicle in violation of the provisions of this subchapter shall constitute an unfair or deceptive act or practice under the provisions of the Deceptive Trade Practices Act, § 4-88-101 et seq.

History. Acts 1993, No. 614, § 4.

27-14-2305. Brand on motor vehicle title.

  1. The provisions of this subchapter shall not apply to motor vehicles more than seven (7) model years old before the calendar year of the occurrence.
  2. A title that is branded under this subchapter shall retain the brand on the title for the life of the motor vehicle.

History. Acts 1993, No. 614, § 5; 1999, No. 1572, § 2; 2007, No. 410, § 3; 2017, No. 651, § 2.

Amendments. The 2017 amendment substituted “Brand on motor vehicle title” for “Applicability of subchapter” in the section heading; inserted “motor” in (b); and made stylistic changes.

27-14-2306. Exemption from sales or use tax.

Any person licensed by the State of Arkansas as a dealer in motor vehicles who is required under the provisions of this subchapter to register and title a motor vehicle in the name of the dealership shall be exempt from the payment of sales or use taxes on the transaction.

History. Acts 1993, No. 614, § 6.

Cross References. Payment and collection of taxes on new and used motor vehicles, trailers, or semitrailers, § 26-53-126.

27-14-2307. Rules.

The Secretary of the Department of Finance and Administration shall promulgate necessary rules for the proper enforcement and administration of this subchapter.

History. Acts 1993, No. 614, § 7; 2019, No. 315, § 3109; 2019, No. 910, § 4626.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-2308. Alternative procedure to obtain title for a total loss settlement.

  1. If an insurance company makes a total loss settlement on a motor vehicle, the owner or lienholder of the motor vehicle shall forward the properly endorsed certificate of title to the insurance company within fifteen (15) days after receipt of the settlement funds.
    1. If an insurance company is unable to obtain the properly endorsed certificate of title within thirty (30) days after disbursing a total loss settlement payment for a motor vehicle that does not have a lien or encumbrance, the insurance company or its agent may request the Office of Motor Vehicle issue a salvage certificate of title or a parts-only certificate of title for the motor vehicle.
    2. The request shall:
      1. Be submitted on each form required by and provided by the office;
      2. Document that the insurance company has made at least two (2) written attempts to obtain the certificate of title and include the documentation with the request;
      3. Include any fees applicable to the issuance of a salvage certificate of title or a parts-only certificate of title; and
      4. Be signed under penalty of perjury.
    1. If an insurance company is unable to obtain the properly endorsed certificate of title within thirty (30) days after disbursing a total loss settlement payment for a motor vehicle that has a lien or encumbrance, the insurance company or its agent shall submit documentation to the office from the claims file that establishes the lienholder's interest was protected in the total loss indemnity payment for the claim.
    2. The documentation under subdivision (c)(1) of this section shall be:
      1. Submitted with a request for a salvage certificate of title or a parts-only certificate of title for the motor vehicle; and
      2. In addition to the requirements under subdivision (b)(2) of this section.
  2. Upon receipt of a properly endorsed certificate of title or a properly executed request under subsection (b) of this section, the office shall issue a salvage certificate of title or a parts-only certificate of title for the motor vehicle in the name of the insurance company.
  3. The office may promulgate rules and forms for the administration of this section.

History. Acts 2011, No. 285, § 1.

Subchapter 24 — Temporary Registration Exemption

27-14-2401 — 27-14-2404. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 448, § 1. The subchapter was derived from the following sources:

27-14-2401. Acts 1997, No. 452, § 1.

27-14-2402. Acts 1997, No. 452, § 2.

27-14-2403. Acts 1997, No. 452, § 3.

27-14-2404. Acts 1997, No. 452, § 4.

Chapter 15 Registration and Licensing — Special Uses

Publisher's Notes. This chapter and Chapter 14 of this title may be considered as the “Motor Vehicle Code” of Arkansas.

Cross References. Registration and licensing — Generally, § 27-14-101 et seq.

Special personalized prestige license plates generally, § 27-14-1101 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-15-101. Decal for deaf persons.

  1. The Department of Finance and Administration shall provide a motor vehicle license plate decal for deaf persons upon the payment of a fee of one dollar ($1.00) and satisfactory proof that the person's average loss in the speech frequencies of five hundred hertz to two thousand hertz (500 Hz-2,000 Hz) in the better ear is eighty-six decibels (86 dB) or worse by the International Organization for Standardization.
  2. The department shall design a decal to indicate that the operator of the motor vehicle may be deaf.
  3. The decals shall be made available beginning September 1, 1985.

History. Acts 1985, No. 116, § 1; A.S.A. 1947, § 75-297; Acts 2005, No. 2202, § 2.

27-15-102. [Repealed.]

Publisher's Notes. This section, concerning surviving spouses eligible for certain specialty license plates, was repealed by Acts 2005, No. 2202, § 2. The section was derived from Acts 2001, No. 1524, § 1.

Subchapter 2 — Handicapped Persons Generally [Repealed]

27-15-201 — 27-15-203. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1991, No. 656, § 14. The subchapter was derived from the following sources:

27-15-201. Acts 1979, No. 224, § 1; A.S.A. 1947, § 75-294.

27-15-202. Acts 1979, No. 224, § 3; A.S.A. 1947, § 75-294.2.

27-15-203. Acts 1979, No. 224, § 2; A.S.A. 1947, § 75-294.1.

Subchapter 3 — Access to Parking for Persons with Disabilities Act

Effective Dates. Acts 1985, No. 907, § 14: Apr. 15, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the providing of reasonable access to public and private buildings by handicapped persons is essential to the health, safety and welfare of such persons; that it is the public policy of this State that public buildings and buildings with public access meet architectural standards to accommodate the severely and permanently handicapped; and that the immediate passage of this Act is necessary to make reasonable and necessary provisions for providing parking facilities and access to public buildings and buildings of public accommodations by handicapped persons. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1292, § 4: January 1, 2014.

Acts 2017, No. 799, § 10: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017. “(b) Sections 3, 4, and 9 of this act are effective on and after January 1, 2019.”

27-15-301. Title.

This subchapter shall be known as the “Access to Parking for Persons with Disabilities Act”.

History. Acts 1985, No. 907, § 1; A.S.A. 1947, § 75-296.3; Acts 1991, No. 656, § 1; 2005, No. 2202, § 2.

27-15-302. Definitions.

As used in this subchapter:

  1. “Access aisle” means a ramp designed, constructed, and marked for access by a mobility-impaired person, a striped or marked passenger loading and unloading area, or a striped access area adjacent to a parking space designed and marked for access by mobility-impaired or sight-impaired persons;
  2. “Office” means the Office of Motor Vehicle;
    1. “Permanent disability” means a medically determined condition that is continuous without the possibility of improvement and that substantially impacts a person's mobility.
    2. “Permanent disability” includes:
      1. A spinal cord injury;
      2. A genetic ambulatory disorder;
      3. An amputation;
      4. Spina bifida;
      5. Multiple sclerosis;
      6. Chronic heart disease; or
      7. Any other medically determined permanent condition that substantially impacts a person's mobility;
  3. “Person with a disability” means any individual who, as determined by a licensed physician:
    1. Cannot walk one hundred feet (100') without stopping to rest;
    2. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;
    3. Is restricted by lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one liter (1 L), or the arterial oxygen tension is less than sixty millimeters of mercury (60 mmHg) on room air at rest;
    4. Uses portable oxygen; or
    5. Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;
  4. “Private agency” means any person, firm, association, organization, or entity, other than a public agency doing business with or providing accommodations for the public, whose customary and normal operations include the providing of parking spaces as a means of accommodating the general public or a select clientele or membership;
  5. “Public agency” means any department, office, or agency of the State of Arkansas or any city, county, school district, or other public agency of this state or of its political subdivisions; and
  6. “Van-accessible parking decal” means:
    1. A designated special decal to be affixed to a special license plate, special certificate, or temporary special certificate and displayed on a vehicle that is:
      1. Used to transport a person who has limited or no use of his or her legs; and
      2. Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and
    2. Indicia of authorization for the use of a van-accessible parking space.

History. Acts 1985, No. 907, § 2; A.S.A. 1947, § 75-296.4; Acts 1991, No. 656, § 2; 1999, No. 1503, § 1; 2005, No. 2202, § 2; 2007, No. 753, § 8; 2017, No. 799, § 1.

Amendments. The 2017 amendment added (7).

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-303. Applicability.

  1. The provisions of this subchapter shall apply only to:
    1. Passenger vehicles, including automobiles; and
    2. Light trucks, including vans, with a three-fourths (¾) ton or less manufacturer's rated capacity if the vehicle is specially adapted for use by persons with disabilities through the use of a lift, ramp, hand controls, etc.
  2. The provisions of this section may be waived if the applicant can document that a larger vehicle or special purpose vehicle would otherwise be eligible to display the special license plate or special certificate.

History. Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7; Acts 1991, No. 656, § 3; 2005, No. 2202, § 2.

27-15-304. Temporary special certificate.

    1. A person with a disability, which, as determined by a licensed physician, is temporary in nature as opposed to permanent, may apply to the Office of Motor Vehicle for a temporary person-with-a-disability special certificate, which may include a temporary van-accessible parking decal, and, upon request, one (1) additional temporary special certificate, which may include an additional van-accessible parking decal.
    2. Provided further, a person to whom has been issued a special license plate or a special certificate may obtain one (1) temporary special certificate.
    3. The intent in this section is to provide any person with a disability at least one (1), but not more than two (2), special indicia authorizing the use of parking spaces reserved exclusively for persons with disabilities.
  1. The temporary special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641.
  2. When the temporary special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the temporary special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a vehicle bearing a special license plate provided under § 27-15-308(a).
  3. The temporary special certificate shall be issued free of charge and shall expire three (3) months from the last day of the month in which it is issued.

History. Acts 1991, No. 656, § 8; 2005, No. 2202, § 2; 2017, No. 799, § 2.

Publisher's Notes. Former § 27-15-304, concerning the exclusion of temporary disability, was repealed by Acts 1991, No. 656, § 14. The former section was derived from Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7.

Amendments. The 2017 amendment, in (a)(1), inserted “which may include a temporary van-accessible parking decal” and “which may include an additional van-accessible parking decal”.

U.S. Code. Pub. L. No. 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-305. Penalties.

  1. Any individual who provides false information in order to acquire or who assists an unqualified person in acquiring the special license plate or the special certificate and any person who abuses the privileges granted by this subchapter shall be deemed guilty of a Class A misdemeanor.
    1. A motor vehicle found to be parked in an area designated for the exclusive use of a person with a disability, including the access aisle, may be impounded by a law enforcement agency if the motor vehicle:
      1. Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or
      2. Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not:
        1. A person with a disability who is authorized to park in the designated area; or
        2. Transporting a person with a disability who is authorized to park in the designated area.
      1. In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs.
      2. The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.
      1. Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months.
      2. The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver.
    1. Fifty percent (50%) of all fines collected under this section in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the section, for deposit into the Governor's Commission on People with Disabilities Fund to be used as follows:
      1. Thirty percent (30%) for scholarship awards to persons with disabilities; and
      2. Twenty percent (20%) towards educating the public about accessible parking, including without limitation:
        1. Public awareness campaigns;
        2. Public service announcements;
        3. Distribution of pamphlets; or
        4. Social media.
    2. Fifty percent (50%) of the fines collected in district court under this section shall be paid by the tenth day of each month to the city general fund of the town or city in which the violation occurred to assist that political subdivision in paying the expenses it incurs in complying with requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

History. Acts 1985, No. 907, § 12; A.S.A. 1947, § 75-296.14; Acts 1987, No. 59, § 5; 1991, No. 656, § 4; 1999, No. 1503, § 2; 2001, No. 609, § 1; 2003, No. 1765, § 33; 2005, No. 1934, § 18; 2005, No. 2202, § 2; 2017, No. 799, §§ 3, 4.

Amendments. The 2017 amendment rewrote (b)(1); added (b)(2)(B) and redesignated former (b)(2) as (b)(2)(A); in (b)(2)(A), substituted “two hundred fifty dollars ($250)” for “one hundred dollars ($100)” and “five hundred dollars ($500)” for “two hundred fifty dollars” ($250)” following the second occurrence of “not less than”; rewrote (c)(1); in (c)(2), substituted “Fifty percent (50%)” for “Seventy percent (70%)”, deleted “or city court” following “district court”, substituted “Pub. L. No. 101-336” for “42 U.S.C. 12101 et seq.” at the end; and made a stylistic change.

Effective Dates. Acts 2017, No. 799, § 10(b): Jan. 1, 2019. Effective date clause provided: “(b) Sections 3, 4, and 9 of this act are effective on and after January 1, 2019.”

27-15-306. Enforcement.

  1. Any law enforcement official in this state may enter upon any public parking space, public parking lot, or public parking facility in this state for the purpose of enforcing the provisions of this subchapter with respect to accessible parking for a person with a disability.
  2. Any law enforcement officer in this state may enter upon the parking space, parking lot, or parking facility of any private agency in this state for the purpose of enforcing the provisions of this subchapter with respect to accessible parking for a person with a disability.

History. Acts 1985, No. 907, § 11; A.S.A. 1947, § 75-296.13; Acts 1997, No. 208, § 30; 1999, No. 1503, § 3; 2005, No. 2202, § 2; 2007, No. 753, § 1.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

27-15-307. Administration.

The Office of Motor Vehicle shall:

  1. Develop an appropriate form, including provision for a sworn statement of disability, for use by an applicant to request issuance of the special license plate and the special certificate for a person with a disability;
  2. Distribute a copy of this subchapter to all appropriate law enforcement agencies charged with enforcement of the Motor Vehicle Code;
  3. Adopt procedures and promulgate rules to advise and inform the general public of the provisions of this subchapter and the availability of special license plates and special certificates;
  4. Request medical information directly related to determining the eligibility of the applicant for a special license plate or special certificate, which shall be held in strict confidence. The medical information shall be required only when the applicant is applying for the initial issuance of a special license plate or special certificate authorized under the provisions of § 27-15-308;
  5. Maintain accurate records of the annual number of special license plates and special certificates issued and in inventory;
  6. Enter into the permanent record of each applicant the special license number or special certificate number and type of allowable disability of the applicant in a manner that will allow retrieval of the information for statistical use;
  7. Include a notice with each application for a special license plate or special certificate informing the applicant and any other person driving for the applicant of the requirements of this subchapter and further specifically informing the applicant that the privilege to park in spaces reserved for persons with disabilities shall be available only when the person for whom the special plate or certificate was issued or a person with a disability is actually in the vehicle; and
  8. Include on the appropriate form for use by an applicant requesting issuance of a van-accessible parking decal a provision to:
    1. Obtain information to determine the eligibility of an applicant for a van-accessible parking decal; and
    2. Verify with a letter from a physician stating that the person for whom the van-accessible parking decal is issued is a person with a disability that requires the use of a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device that is commonly used to transport persons who have limited or no use of their legs.

History. Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7; Acts 1991, No. 656, § 5; 2001, No. 609, § 2; 2005, No. 2202, § 2; 2017, No. 799, § 5.

Publisher's Notes. For provisions of the Motor Vehicle Code, see A.C.R.C. Notes at the beginning of this chapter.

Amendments. The 2017 amendment added (8).

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-308. Special license plates and certificates.

    1. An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302.
      1. Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either:
        1. Applying for the special license plate; or
        2. Being transported by the vehicle for which the special license plate is issued.
      2. The photo identification card issued under this subsection shall be carried on the person for verification of identity.
      3. This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state.
      1. An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the office a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability.
      2. The photo identification card required in this subsection must be renewed every four (4) years.
      1. An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the office for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business.
      2. The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection.
    1. The special license plate issued by the office shall contain the international symbol of access and shall not display the word “disabled”.
    2. The special license plate shall be issued at no additional charge.
    1. A person with a disability may apply to the office for a special person-with-a-disability certificate, subject to the photo identification card requirements of subsection (a) of this section.
    2. The special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641.
    3. When the special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a motor vehicle bearing a special license plate provided under subsection (a) of this section.
    4. The special certificate shall be issued free of charge and shall expire four (4) years from the last day of the month in which it is issued.
      1. If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the office.
      2. If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the office within thirty (30) days after the death of the person to whom the special certificate or plate was issued.
      1. The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued.
      2. The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration.
      3. The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      4. The transaction fee shall not be considered or credited to the division as direct revenue.
    1. In lieu of the photo identification card issued under this section, a person who holds a valid driver's license or identification card issued under the laws of this state may choose to have an endorsement on his or her driver's license or identification card that authorizes parking in areas designated as parking for a person with a disability.
    2. If a driver's license endorsement or identification card endorsement is chosen under this section, then the issuance and expiration of the driver's license shall correspond with the expiration date of the special person-with-a-disability certificate issued under this section.
      1. The office shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card.
      2. Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement.
    1. A person who is a resident of a facility that provides long-term medical care or personal care is not required to obtain a photo identification card that displays a photograph of the person with a disability but instead shall carry on the person documentation from the administrator of the facility attesting that the person is a resident of the facility.
    2. This subsection applies to the following facilities, including without limitation:
      1. A licensed nursing home;
      2. A licensed residential care facility; or
      3. A licensed assisted living facility.
    1. An owner of a motor vehicle described in § 27-15-303 may apply to the office for issuance of one (1) or more van-accessible parking decals to be affixed to each special license plate or special certificate, or temporary special certificate issued to the owner, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is a person with a disability that qualifies for van accessible parking privileges as defined in § 27-15-312(a)(2)(A).
    2. An applicant whose vehicle displays both a special license plate and special certificate is required to have a van-accessible parking decal affixed to the special license plate and special certificate.

History. Acts 1985, No. 907, §§ 3, 4; A.S.A. 1947, §§ 75-296.5, 75-296.6; Acts 1991, No. 656, § 6; 2001, No. 609, §§ 3, 4; 2005, No. 2202, § 2; 2007, No. 753, § 2; 2017, No. 799, § 6; 2019, No. 236, § 2.

A.C.R.C. Notes. Acts 2019, No. 236, § 3, provided: “A person who has been issued a special license plate displaying the word ‘disabled’ before the effective date of this act [July 24, 2019] is not required to return the special license plate to the Department of Finance and Administration nor required to apply for the issuance of a new special license plate that does not display the word ‘disabled’ until the renewal date of the special license plate”.

Amendments. The 2017 amendment added (f).

The 2019 amendment added “and shall not display the word ‘disabled’” in (b)(1).

U.S. Code. Pub. L. No. 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-309. [Repealed.]

Publisher's Notes. This section, concerning decals, was repealed by Acts 1991, No. 656, § 14. The section was derived from Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7.

27-15-310. Display of special license plate or certificate.

  1. No vehicle licensed by the State of Arkansas to operate on the public highways shall display a special license plate issued for a vehicle owned by a person with a disability, or a facsimile thereof, unless the owner or primary user of the vehicle meets the definition of person with a disability as defined in § 27-15-302.
  2. No vehicle shall display the special certificate unless the vehicle is being used for the purpose of transporting the person with a disability to whom the special certificate was issued.
  3. No vehicle shall display a special license plate with a van-accessible parking decal or a special certificate with a van-accessible parking decal unless the vehicle is being used for the purpose of transporting the person with a disability for whom the van-accessible parking decal was issued.

History. Acts 1985, No. 907, § 6; A.S.A. 1947, § 75-296.8; Acts 1991, No. 656, § 7; 2005, No. 2202, § 2; 2017, No. 799, § 7.

Amendments. The 2017 amendment added (c).

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-311. Reciprocity.

Any motor vehicle licensed in another state which exhibits a special license plate or other special authorized vehicle designations issued by licensing authorities of other states for vehicles used in the transportation of persons with disabilities shall be accorded the privileges as provided in this subchapter for similar vehicles licensed in this state, as is required under the provisions of Pub. L. No. 100-641, and rules issued pursuant thereto by the Secretary of Transportation.

History. Acts 1985, No. 907, § 6; A.S.A. 1947, § 75-296.8; Acts 1991, No. 656, § 9; 1995, No. 1296, § 91; 2005, No. 2202, § 2.

U.S. Code. Pub. L. No. 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

27-15-312. Parking privileges — Exceptions.

    1. A vehicle displaying a van-accessible parking decal, a special license plate, a special certificate, or a temporary special certificate and being used for the actual transporting of a person with a disability is permitted exclusive parking privileges in those areas designated for parking only by persons with the van-accessible parking decal, special license plate, or special certificate.
      1. Except as provided under subdivision (a)(2)(B) of this section, a parking space reserved for a person with a disability that is designated as “van accessible” shall be used exclusively by a vehicle that:
        1. Loads or unloads a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device that is commonly used to transport a person who has limited or no use of his or her legs; and
        2. Displays a van-accessible parking decal.
      2. If the parking lot or parking facility has only one (1) parking space reserved for a person with a disability, then the limitation of use under subdivision (a)(2)(A) of this section does not apply.
    1. The provisions of this subchapter pertaining to parking privileges for persons with disabilities shall supersede any local ordinances where they conflict.
    2. However, any county or municipality may enact local ordinances to provide for restrictions on parking privileges for all persons which also shall be applicable to persons with disabilities when the local ordinances apply:
      1. To zones where stopping, standing, or parking is prohibited for all vehicles;
      2. To the prohibition of parking during heavy traffic periods such as rush hours or where parking would clearly present a traffic hazard for the general public;
      3. To parking zones restricted as to the length of parking time permitted;
      4. To zones reserved for special types of vehicles, except for those zones authorized for exclusive use by emergency vehicles or ambulances, or authorized as bus stop areas or loading zones; and
        1. To any parking meter fees levied by any local ordinances of any political subdivision in this state.
        2. Provided, any county or municipality may by ordinance waive parking meter fees for a vehicle displaying a special license plate or special certificate and being used for the actual transporting of a person with a disability.

History. Acts 1985, No. 907, § 7; A.S.A. 1947, § 75-296.9; Acts 1987, No. 59, § 1; 1991, No. 656, § 10; 1995, No. 780, § 1; 1997, No. 124, § 1; 2003, No. 1353, § 1; 2005, No. 2202, § 2; 2007, No. 753, § 3; 2017, No. 799, § 8.

Amendments. The 2017 amendment, in (a)(1), inserted “a van-accessible parking decal”, inserted “or a temporary special certificate”, and substituted “the van-accessible parking decal, special license plate, or special certificate” for “disabilities” at the end; redesignated part of (a)(2)(A) as (a)(2)(A)(i); added (a)(2)(A)(ii); inserted “a four-wheeled walker with a seat” in (a)(2)(A)(i); and made stylistic changes.

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-313. [Repealed.]

Publisher's Notes. This section, concerning parking facilities on public property, was repealed by Acts 1999, No. 1503, § 6. The section was derived from Acts 1985, No. 907, § 8; A.S.A. 1947, § 75-296.10; Acts 1987, No. 59, § 2; 1991, No. 656, § 11.

27-15-314. Parking spaces by private agencies.

    1. Any business firm or other person licensed to do business with the public or owning or operating a business that provides parking access to the public may provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with disabilities who have been issued a special license plate or special certificate.
    2. Private businesses that provide parking access intended for use by the public that are constructed after January 1, 1992, and private businesses that undertake significant physical modifications or alterations of their premises after January 1, 1992, shall provide parking spaces in such number and otherwise in accordance with the standards set forth in rules promulgated by the Department of Finance and Administration that would be consistent with Pub. L. No. 100-641 and rules issued pursuant thereto by the United States Secretary of Transportation.
  1. The minimum number of parking spaces shall comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

History. Acts 1985, No. 907, § 9; A.S.A. 1947, § 75-296.11; Acts 1987, No. 59, § 3; 1991, No. 656, § 12; 1999, No. 1503, § 4; 2001, No. 609, § 5; 2005, No. 2202, § 2; 2019, No. 315, § 3110.

Amendments. The 2019 amendment substituted the first occurrence of “rules” for “regulations” in (a)(2).

U.S. Code. Public Law 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

27-15-315. Signs regulatory in nature.

  1. For the purposes of this subchapter and for the purposes of enforcing any law of this state relating to penalizing an owner or operator who parks a vehicle in a space designated for use by a person with a disability and whose vehicle does not properly and legally display a special license plate, a van-accessible parking decal, or a special certificate provided under this subchapter, it shall be presumed that:
    1. The identification of areas designated for use by persons with disabilities is regulatory in nature;
    2. The identified areas are intended for exclusive use by persons with disabilities whose vehicles are properly identified;
    3. Penalties shall be imposed on the owner or operator of a vehicle that is not properly identified and is parked in one (1) of those areas designated for parking only by persons with disabilities.
    1. Any of the following designations that are displayed on each parking space for persons with disabilities and visible to the driver's eye level shall be enforced as provided under this subchapter and are regulatory in nature:
      1. A sign that displays the blue and white international symbol of access accompanied by one (1) or more of the phrases referenced under subdivision (b)(1)(B) of this section;
      2. A sign that states any of the following:
        1. “Disabled Parking”;
        2. “Van Accessible”;
        3. “Handicapped Parking”;
        4. “Reserved for Handicapped”;
        5. “Reserved Parking” with the blue and white international symbol of access; or
        6. “Permit Required — Towing Enforced”; or
      3. A sign that is compliant with R7-8, R7-8a, or R7-8b of the Manual on Uniform Traffic Control Devices promulgated by the Federal Highway Administration.
    2. Corresponding pavement markings of the blue and white international symbol of access are preferred but not required for enforcement of this subchapter.

History. Acts 1985, No. 907, § 10; A.S.A. 1947, § 75-296.12; Acts 1987, No. 59, § 4; 1991, No. 656, § 13; 2005, No. 2202, § 2; 2007, No. 753, § 4; 2017, No. 799, § 9.

Amendments. The 2017 amendment rewrote (a).

Effective Dates. Acts 2017, No. 799, § 10(b): Jan. 1, 2019. Effective date clause provided: “(b) Sections 3, 4, and 9 of this act are effective on and after January 1, 2019.”

27-15-316. Disabled veterans.

  1. As used in this section, “disabled veteran” means a person who meets the definition of disabled veteran, disabled veteran — nonservice injury, or disabled veteran — World War I, under § 27-24-203.
  2. A vehicle that meets the following conditions is permitted parking privileges in those areas designated for parking only by a person with a disability under this subchapter:
    1. The vehicle must display a disabled veteran special license plate issued to a disabled veteran by the Department of Finance and Administration under § 27-24-204(a)(1), § 27-24-204(a)(2), or § 27-24-204(a)(3), or a valid disabled veteran license plate issued by another state; and
    2. The vehicle must be in use for the actual transporting of a disabled veteran.

History. Acts 2007, No. 349, § 1; 2013, No. 1292, § 1.

Amendments. The 2013 amendment rewrote (a).

27-15-317. Reporting misuse.

  1. The Office of Motor Vehicle may develop and implement a means by which a person may report, by telephone hotline or by submitting a form online or by mail, the alleged misuse of the privileges conferred by a:
    1. Special license plate;
    2. Special certificate; or
    3. Parking space designated exclusively for parking by persons with disabilities.
  2. The office shall promulgate rules for the proper implementation of this section.

History. Acts 2017, No. 1003, § 1.

Subchapter 4 — Disabled Veterans — In General [Repealed]

27-15-401 — 27-15-408. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-401. Acts 1969, No. 36, § 2; A.S.A. 1947, § 75-266.4.

27-15-402. Acts 1969, No. 36, § 5; A.S.A. 1947, § 75-266.7; Acts 1999, No. 1503, § 5.

27-15-403. Acts 1969, No. 36, § 1; A.S.A. 1947, § 75-266.3.

27-15-404. Acts 1969, No. 36, § 3; A.S.A. 1947, § 75-266.5.

27-15-405. Acts 1969, No. 36, § 4; 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, §§ 75-261.1, 75-266.6.

27-15-406. Acts 1969, No. 36, § 3; A.S.A. 1947, § 75-266.5.

27-15-407. Acts 1995, No. 310, § 1; 1997, No. 1327, § 1.

27-15-408. Acts 2003, No. 206, § 1.

Subchapter 5 — Disabled Veterans — License for Furnished Automobiles [Repealed]

27-15-501 — 27-15-506. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-501. Acts 1949, No. 7, § 7; A.S.A. 1947, § 75-266.

27-15-502. Acts 1949, No. 7, § 1; 1949, No. 322, § 1; A.S.A. 1947, § 75-261.

27-15-503. Acts 1949, No. 7, § 6; 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, §§ 75-261.1, 75-265.

27-15-504. Acts 1949, No. 7, § 3; A.S.A. 1947, § 75-263.

27-15-505. Acts 1949, No. 7, § 2; A.S.A. 1947, § 75-262.

27-15-506. Acts 1949, No. 7, § 5; A.S.A. 1947, § 75-264.

Subchapter 6 — Disabled Veterans — World War I [Repealed]

27-15-601 — 27-15-603. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-601. Acts 1969, No. 57, § 2; A.S.A. 1947, § 75-266.2.

27-15-602. Acts 1969, No. 57, § 1; A.S.A. 1947, § 75-266.1.

27-15-603. Acts 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, § 75-261.1.

Subchapter 7 — Disabled Veterans — Nonservice Injuries [Repealed]

27-15-701, 27-15-702. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-701. Acts 1979, No. 30, § 1; A.S.A. 1947, § 75-266.17; Acts 1997, No. 208, § 31.

27-15-702. Acts 1979, No. 30, § 2; A.S.A. 1947, § 75-266.18.

Subchapter 8 — Medal of Honor Recipients [Repealed]

27-15-801 — 27-15-807. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-801. Acts 1977, No. 207, § 1; A.S.A. 1947, § 75-266.8.

27-15-802. Acts 1977, No. 207, § 2; A.S.A. 1947, § 75-266.9.

27-15-803. Acts 1977, No. 207, § 4; A.S.A. 1947, § 75-266.11.

27-15-804. Acts 1977, No. 207, § 3; A.S.A. 1947, § 75-266.10.

27-15-805. Acts 1977, No. 207, § 4; A.S.A. 1947, § 75-266.11.

27-15-806. Acts 1977, No. 207, § 5; A.S.A. 1947, § 75-266.12.

27-15-807. Acts 1995, No. 310, § 2.

Subchapter 9 — Purple Heart Recipients [Repealed]

27-15-901 — 27-15-903. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-901. Acts 1985, No. 891, § 1; A.S.A. 1947, § 75-295.8; Acts 1989, No. 343, § 1; 1991, No. 377, § 1; 1997, No. 269, § 1.

27-15-902. Acts 1985, No. 891, § 2; A.S.A. 1947, § 75-295.9.

27-15-903. Acts 1985, No. 891, § 3; A.S.A. 1947, § 75-295.10.

Subchapter 10 — Ex-Prisoners of War [Repealed]

27-15-1001 — 27-15-1007. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1001. Acts 1979, No. 7, § 1; A.S.A. 1947, § 75-266.13.

27-15-1002. Acts 1979, No. 7, §§ 1, 2; A.S.A. 1947, §§ 75-266.13, 75-266.14; Acts 1995, No. 1296, § 92; 1997, No. 270, § 1.

27-15-1003. Acts 1979, No. 7, § 1; A.S.A. 1947, § 75-266.13.

27-15-1004. Acts 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, § 75-261.1.

27-15-1005. Acts 1979, No. 7, § 3; A.S.A. 1947, § 75-266.15.

27-15-1006. Acts 1979, No. 7, § 4; A.S.A. 1947, § 75-266.16.

27-15-1007. Acts 1987, No. 61, § 1.

Subchapter 11 — Military Reserve [Repealed]

27-15-1101 — 27-15-1107. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1101. Acts 1981, No. 475, § 4; A.S.A. 1947, § 75-295.3.

27-15-1102. Acts 1981, No. 475, §§ 1, 3; A.S.A. 1947, §§ 75-295, 75-295.2.

27-15-1103. Acts 1981, No. 475, § 2; A.S.A. 1947, § 75-295.1.

27-15-1104. Acts 1981, No. 475, § 3; A.S.A. 1947, § 75-295.2.

27-15-1105. Acts 1981, No. 475, § 1; A.S.A. 1947, § 75-295.

27-15-1106. Acts 1981, No. 475, § 1; A.S.A. 1947, § 75-295.

27-15-1107. Acts 1981, No. 475, § 3; A.S.A. 1947, § 75-295.2.

Subchapter 12 — United States Armed Forces Retired [Repealed]

27-15-1201 — 27-15-1204. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1201. Acts 1985, No. 157, § 4; A.S.A. 1947, § 75-295.7.

27-15-1202. Acts 1985, No. 157, §§ 1, 3; A.S.A. 1947, §§ 75-295.4, 75-295.6; Acts 1991, No. 31, § 1; 1991, No. 372, § 1; 1993, No. 613, § 1; 2001, No. 1269, § 1.

27-15-1203. Acts 1985, No. 157, § 2; A.S.A. 1947, § 75-295.5.

27-15-1204. Acts 1985, No. 157, § 3; A.S.A. 1947, § 75-295.6.

Subchapter 13 — Public Use Vehicles — Local Government [Repealed]

27-15-1301 — 27-15-1303. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1301. Acts 1943, No. 144, § 6; A.S.A. 1947, § 75-245.

27-15-1302. Acts 1943, No. 144, § 1; A.S.A. 1947, § 75-240.

27-15-1303. Acts 1943, No. 144, §§ 2, 3, 6; A.S.A. 1947, §§ 75-241, 75-242, 75-245.

27-15-1304. [Repealed.]

Publisher's Notes. This section, concerning payment of gross receipts tax required, was repealed by Acts 1995, No. 555, § 1. The section was derived from Acts 1943, No. 144, § 5; A.S.A. 1947, § 75-244.

27-15-1305. [Repealed.]

Publisher's Notes. This section, concerning term, design, and attachment of plates, was repealed by Acts 2005, No. 2202, § 2. The section was derived from Acts 1943, No. 144, § 4; A.S.A. 1947, § 75-243; Acts 1989, No. 278, § 1.

Subchapter 14 — Public Use Vehicles — State Government [Repealed]

27-15-1401. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1933, No. 92, §§ 3, 4; Pope's Dig., §§ 6616, 6617; A.S.A. 1947, §§ 75-246, 75-247.

Subchapter 15 — Public Use Vehicles — Federal Government [Repealed]

27-15-1501. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1929, No. 65, § 35; Pope's Dig., § 6635; A.S.A. 1947, § 75-248.

Subchapter 16 — Members of General Assembly [Repealed]

27-15-1601 — 27-15-1606. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1601. Acts 1955, No. 213, § 1; A.S.A. 1947, § 75-270.

27-15-1602. Acts 1955, No. 213, § 3; 1959, No. 11, § 1; A.S.A. 1947, § 75-272.

27-15-1603. Acts 1955, No. 213, § 2; 1963, No. 195, § 1; 1971, No. 253, § 1; A.S.A. 1947, § 75-271; Acts 1991, No. 1041, § 1.

27-15-1604. Acts 1955, No. 213, § 1; A.S.A. 1947, § 75-270.

27-15-1605. Acts 1955, No. 213, § 4; A.S.A. 1947, § 75-273; Acts 1991, No. 1041, § 2.

27-15-1606. Acts 1985, No. 140, §§ 1, 2; A.S.A. 1947, §§ 75-273.1, 75-273.2; Acts 1991, No. 1041, § 3.

Subchapter 17 — Game and Fish Commission [Repealed]

27-15-1701 — 27-15-1703. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1701. Acts 1985, No. 298, § 1; A.S.A. 1947, § 75-297.1.

27-15-1702. Acts 1985, No. 298, § 2; A.S.A. 1947, § 75-297.2.

27-15-1703. Acts 1985, No. 298, § 3; A.S.A. 1947, § 75-297.3.

Subchapter 18 — Volunteer Rescue Squads [Repealed]

27-15-1801 — 27-15-1805. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1801. Acts 1969, No. 315, § 2; A.S.A. 1947, § 75-290.

27-15-1802. Acts 1969, No. 315, § 1; A.S.A. 1947, § 75-289.

27-15-1803. Acts 1969, No. 315, § 1; A.S.A. 1947, § 75-289.

27-15-1804. Acts 1969, No. 315, § 1; A.S.A. 1947, § 75-289.

27-15-1805. Acts 1969, No. 315, § 3; A.S.A. 1947, § 75-291.

Subchapter 19 — Religious Organizations [Repealed]

27-15-1901 — 27-15-1906. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1901. Acts 1947, No. 45, § 3; A.S.A. 1947, § 75-213.

27-15-1902. Acts 1947, No. 45, § 6; A.S.A. 1947, § 75-216.

27-15-1903. Acts 1947, No. 45, §§ 1, 2; A.S.A. 1947, §§ 75-211, 75-212.

27-15-1904. Acts 1947, No. 45, §§ 2, 6; A.S.A. 1947, §§ 75-212, 75-216.

27-15-1905. Acts 1947, No. 45, § 4; A.S.A. 1947, § 75-214.

27-15-1906. Acts 1947, No. 45, § 5; A.S.A. 1947, § 75-215.

Subchapter 20 — Youth Groups [Repealed]

27-15-2001 — 27-15-2003. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2001. Acts 1965, No. 423, §§ 1, 2; A.S.A. 1947, §§ 75-283, 75-284.

27-15-2002. Acts 1975, No. 594, §§ 1, 2; A.S.A. 1947, §§ 75-284.1, 75-284.2.

27-15-2003. Acts 1959, No. 189, §§ 1, 2; A.S.A. 1947, §§ 75-279, 75-280.

Subchapter 21 — Orphanages [Repealed]

27-15-2101. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1959, No. 122, §§ 1, 2; A.S.A. 1947, §§ 75-277, 75-278.

Subchapter 22 — Historic or Special Interest Vehicles

Effective Dates. Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-15-2201. Definitions.

As used in this subchapter:

  1. “Collector” means the owner of one (1) or more motor vehicles of historic or special interest who collects, purchases, acquires, trades, or disposes of those vehicles, or parts thereof, for his or her own use in order to preserve, restore, and maintain a vehicle or vehicles for hobby purposes;
    1. “Historic or special interest vehicle” means a motor vehicle of age that is essentially unaltered from the original manufacturer's specifications and that, because of its significance, is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit.
    2. “Historic or special interest vehicle” shall include a motor vehicle sometimes referred to by the classification of:
      1. Antique;
      2. Horseless carriage;
      3. Classic; or
      4. Muscle car era.
      1. Vehicles with modifications or deviations from the original specifications may be permitted under this classification if the modifications or deviations are of historic nature and characteristic of the approximate era to which the vehicles belong or if they could be considered to be in the category of safety features.
      2. Safety-related modifications include hydraulic brakes, sealed beam headlights, and seat belts.
      3. Accessories acceptable under such classifications are those available in the era to which the vehicles belong; and
  2. “Parts car” means a motor vehicle generally in nonoperable condition which is owned by a collector to furnish parts that are usually not obtainable from normal sources, thus enabling a collector to preserve, restore, and maintain a historic or special interest vehicle.

History. Acts 1975, No. 334, § 1; A.S.A. 1947, § 75-201.8; Acts 2005, No. 2202, § 2; 2019, No. 368, § 1.

Amendments. The 2019 amendment inserted “motor” in (2)(A) and the introductory language of (2)(B); substituted “Muscle car era” for “action era” in (2)(B)(iv); and made stylistic changes.

27-15-2202. Registration — Fee.

    1. A person who is the owner of a historic or special interest vehicle that is forty-five (45) years of age or older at the time of making application for registration or transfer of title may, upon application:
      1. Register the motor vehicle as a historic or special interest vehicle, upon the payment of a fee of seven dollars ($7.00) for each historic or special interest vehicle; and
      2. Be furnished a special license plate of distinctive design to be displayed on each historic or special interest vehicle instead of the standard Arkansas license plate.
    2. A special license plate issued under subdivision (a)(1)(B) of this section shall have the same legal significance as a standard Arkansas license plate.
    3. In addition to the identification number, the special license plate issued under subdivision (a)(1)(B) of this section shall identify the motor vehicle as a historic or special interest vehicle owned by an Arkansas collector.
    4. The registration shall be valid while the historic or special interest vehicle is owned by the applicant without the payment of any additional fee, tax, or license if the owner provides the Department of Finance and Administration yearly proof of current insurance coverage on the historic or special interest vehicle as required under § 27-22-101 et seq.
    1. The numbering of these plates shall continue chronologically from the existing antique automobile registration lists, using the current design and emblem.
    2. Application for these plates shall be made to the Office of Motor Vehicle on special application forms prescribed by the Commissioner of Motor Vehicles.
  1. Upon selling or otherwise relinquishing ownership of a historic or special interest vehicle, a collector may retain possession of the vehicle plate and transfer its registration to another vehicle of the same category in his or her possession, upon payment of one-half (½) the fee prescribed in subsection (a) of this section.
    1. A motor vehicle manufactured as a reproduction or facsimile of a historic or special interest vehicle shall not be eligible for registration under this section unless it has been in existence for forty-five (45) years or more.
    2. The age shall be calculated from the date the motor vehicle was originally assembled as a facsimile.
  2. Collectors who, on or before July 24, 2019, have motor vehicles licensed as historic or special interest vehicles under current statutes are not required to register these motor vehicles or obtain new license plates for these motor vehicles.
  3. Each collector applying for a license plate under this subchapter shall:
    1. Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and
    2. Provide the office proof of ownership and registration as required under subdivision (f)(1) of this section.

History. Acts 1975, No. 334, § 2; 1979, No. 440, § 2; A.S.A. 1947, § 75-201.9; Acts 1999, No. 102, § 1; 2005, No. 2202, § 2; 2005, No. 2324, § 1; 2019, No. 368, §§ 2-4.

Amendments. The 2019 amendment rewrote (a); substituted “forty-five (45) years” for “twenty-five (25) years” in (d)(1); substituted “motor vehicle” for “vehicle” in (d)(1) and (d)(2); and rewrote (e) and (f).

27-15-2203. Affidavit — Vehicle restored to original specifications required.

  1. Any person making application for an antique motor vehicle license plate under § 27-15-2202 shall transmit to the Office of Motor Vehicle an affidavit signed by the applicant stating that the motor vehicle described in the application is restored to its original specifications as closely as is reasonably possible and that the applicant will relinquish the antique motor vehicle license plate in the event that the motor vehicle is altered from its original specifications, except to the extent authorized or required by law.
    1. Beginning on January 1, 2006, the office shall require the owner of any antique motor vehicle licensed under this subchapter to provide the office proof of conformity with this subchapter.
    2. If the office determines that the owner of an antique motor vehicle is in violation of this section, the antique motor vehicle license plate shall be seized by the office and the owner fined one hundred dollars ($100).

History. Acts 1983, No. 897, §§ 1, 2; A.S.A. 1947, §§ 75-201.9a, 75-201.9b; Acts 2005, No. 2202, § 2; 2005, No. 2324, § 2.

27-15-2204. Assemblage of vehicle.

      1. A collector who has assembled a vehicle meeting the specifications of this subchapter from parts obtained from a variety of different sources and at various different times shall be issued a title upon furnishing a bill or bills of sale for the components.
      2. In cases when that evidence by itself is deemed inadequate, the collector shall execute an affidavit in verification.
    1. To be considered adequate, bills of sale shall be notarized and shall indicate the source of the engine and body and shall list the identification or serial number of the engine and body for the chassis, if applicable.
  1. A person who purchases an assembled vehicle from a collector who has not obtained a title to the assembled vehicle as provided in subsection (a) of this section shall be issued a title to the vehicle only if the purchaser of the vehicle follows the process under § 27-14-409(c)(1). For the purposes of this subsection, the amount of the bond shall be an amount equal to the value of the vehicle as determined by the Office of Motor Vehicle.

History. Acts 1975, No. 334, § 4; A.S.A. 1947, § 75-201.13; Acts 2005, No. 2202, § 2; 2011, No. 826, § 1.

Amendments. The 2011 amendment added (b).

27-15-2205. Equipment.

  1. Unless the presence of equipment specifically named by Arkansas law was a prior condition for legal sale within Arkansas at the time the historic or special interest vehicle was manufactured for first use, the presence of the equipment shall not be required as a condition for current legal use.
  2. Any historic or special interest vehicle manufactured prior to the date that emission controls were standard equipment on that particular make or model of historic or special interest vehicle is exempted from statutes requiring the inspection and use of emission controls.
  3. Any safety equipment that was manufactured as part of the historic or special interest vehicle's original equipment must be in proper operating condition.

History. Acts 1975, No. 334, § 5; A.S.A. 1947, § 75-201.12; Acts 2005, No. 2202, § 2.

27-15-2206. Limitations on use.

    1. Historic or special interest vehicles may be used for the same purposes and under the same conditions as other motor vehicles of the same type except that, under ordinary circumstances, the historic or special interest vehicles may not be used to transport passengers for hire.
    2. At special events that are sponsored or in which participation is by organized clubs, the historic or special interest vehicles may transport passengers for hire only if money received is to be used for club activities or to be donated to a charitable nonprofit organization.
  1. Trucks of such classification may not haul material more than one thousand pounds (1,000 lbs.) nor be used regularly in a business in lieu of other vehicles with regular license plates.

History. Acts 1975, No. 334, § 3; A.S.A. 1947, § 75-201.10; Acts 2005, No. 2202, § 2.

27-15-2207. Storage regulation.

Subject to land use regulations of a county or municipality, a collector may store any vehicles, licensed or unlicensed, operable or inoperable, on his or her property if:

  1. The vehicles, parts cars, and any outdoor storage areas are maintained in such a manner that they do not constitute a health hazard; and
  2. The vehicles are located away from ordinary public view or are screened from ordinary public view by means of natural objects, fences, plantings, opaque covering, or other appropriate means.

History. Acts 1975, No. 334, § 4; A.S.A. 1947, § 75-201.11; Acts 2005, No. 2202, § 2.

27-15-2208. Sale or transfer.

Legal transfer of ownership of a motor vehicle, assembled motor vehicle, or parts car of historic or special interest shall not be contingent upon any condition that would require the vehicle or parts car to be in operating condition at the time of the sale or transfer of ownership.

History. Acts 1975, No. 334, § 6; A.S.A. 1947, § 75-201.13; Acts 2005, No. 2202, § 2; 2011, No. 826, § 2.

Amendments. The 2011 amendment deleted “The sale or trade and subsequent” at the beginning; and inserted “assembled motor vehicle.”

27-15-2209. Alternative license plates for antique motor vehicles — Definition.

  1. As used in this section, “antique license plate” means a license plate that:
    1. Is approved for issuance under subsection (e) of this section for a historic or special interest vehicle as defined in § 27-15-2201 that is more than forty-five (45) years of age instead of the special license plate issued under § 27-15-2202; and
    2. Was issued by and approved for use in the State of Arkansas in the same year as the model year of the vehicle that is being licensed.
  2. If a person is eligible for a special license plate for a historic or special interest vehicle, the person may choose to use an antique license plate under this section instead of a license plate that is currently issued under § 27-15-2202 by the Office of Motor Vehicle.
  3. An applicant who seeks to use an antique license plate under this section shall remit the following fees:
    1. The fee required by law for the registration and licensing of the motor vehicle; and
    2. A handling and administrative fee in the amount of ten dollars ($10.00).
  4. To renew an antique license plate under this section, the owner of the motor vehicle shall remit the fee required by law for the registration and licensing of the motor vehicle.
    1. An applicant who seeks to use an antique license plate other than the special license plate issued by the office under § 27-15-2202 shall be required to submit the license plate to the office for inspection to determine whether the antique license plate may be used.
    2. If the office determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate.
    3. The reasons for which the office may prohibit the use of an antique license plate include, but shall not be limited to:
      1. The antique license plate does not meet reasonable reflective and safety standards;
      2. The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and
      3. The administrative costs associated with recording and maintaining the antique license plate are prohibitive.
    4. The office may promulgate rules to administer the provisions of this section.
  5. Collectors who, on or before July 24, 2019, have vehicles licensed as historic or special interest vehicles under current statutes shall not be required to register these vehicles or obtain new license plates for these vehicles.
  6. Each collector applying for a license plate under this subchapter shall:
    1. Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and
    2. Provide the office proof of ownership and registration as required under subdivision (g)(1) of this section.

History. Acts 2005, No. 2240, § 1; 2019, No. 368, §§ 5, 6.

Amendments. The 2019 amendment, in (a)(1), substituted “forty-five (45) years” for “twenty-five (25) years” and substituted “defined in” for “defined under”; and added (f) and (g).

Subchapter 23 — Antique Motorcycles

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-15-2301. Definition.

  1. “Antique motorcycle” means a motorcycle that is at least twenty-five (25) years old and essentially unaltered from the original manufacturer's specifications and which is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit.
  2. Modifications or deviations from the original specifications may be permitted under this classification if the modifications or deviations are of an historic nature and characteristic of the approximate era to which the motorcycle belongs or if they could be considered to be in the category of safety features.

History. Acts 1979, No. 397, § 1; A.S.A. 1947, § 75-201.14; Acts 2005, No. 2202, § 2.

27-15-2302. Reproductions.

  1. A motorcycle manufactured as a reproduction or facsimile of an antique motorcycle shall not be eligible for registration under this subchapter unless it has been in existence for twenty-five (25) years or more.
  2. The age shall be calculated from the date the vehicle was originally assembled as a facsimile.

History. Acts 1979, No. 397, § 3; A.S.A. 1947, § 75-201.16; Acts 2005, No. 2202, § 2.

27-15-2303. Ownership requirement.

Each collector applying for an antique motorcycle license plate must own and have registered one (1) or more motorcycles with regular plates.

History. Acts 1979, No. 397, § 3; A.S.A. 1947, § 75-201.16; Acts 2005, No. 2202, § 2.

27-15-2304. Registration — Fee.

  1. Any person who is the owner of an antique motorcycle may, upon application to the Office of Motor Vehicle, register it as an antique motorcycle upon the payment of a fee of five dollars ($5.00) and be furnished a license plate of distinctive design to be displayed in lieu of the usual license plate.
  2. This plate, in addition to the identification number, shall identify the vehicle as an antique motorcycle owned by an Arkansas collector.
  3. The registration shall be valid while the motorcycle is owned by the applicant without the payment of any additional fee, tax, or license.

History. Acts 1979, No. 397, § 2; A.S.A. 1947, § 75-201.15; Acts 2005, No. 2202, § 2.

27-15-2305. Transfer of registration.

Upon selling or otherwise relinquishing ownership of an antique motorcycle, a collector may retain possession of the antique motorcycle license plate and transfer its registration to another antique motorcycle in his or her possession upon payment of one-half (½) of the fee prescribed in § 27-15-2304.

History. Acts 1979, No. 397, § 3; A.S.A. 1947, § 75-201.16; Acts 2005, No. 2202, § 2.

27-15-2306. Use.

Antique motorcycles may be used for the same purposes and under the same conditions as other motorcycles of the same type.

History. Acts 1979, No. 397, § 4; A.S.A. 1947, § 75-201.17; Acts 2005, No. 2202, § 2.

27-15-2307. Alternative license plates for antique motorcycles.

  1. As used in this section, “antique license plate” means a license plate that:
    1. Is approved for issuance under subsection (e) of this section for an antique motorcycle as defined under § 27-15-2301 that is more than twenty-five (25) years of age instead of the special license plate issued under § 27-15-2304; and
    2. Was issued by and approved for use in the State of Arkansas in the same year as the model year of the motorcycle that is being licensed.
  2. If a person is eligible for a special license plate for an antique motorcycle, the person may choose to use an antique license plate under this section instead of a license plate that is currently issued under § 27-15-2304 by the Office of Motor Vehicle.
  3. An applicant who seeks to use an antique license plate under this section shall remit the following fees:
    1. The fee required by law for the registration and licensing of the antique motorcycle; and
    2. A handling and administrative fee in the amount of ten dollars ($10.00).
  4. To renew an antique license plate under this section, the owner of the antique motorcycle shall remit the fee required by law for the registration and licensing of the antique motorcycle.
    1. An applicant who seeks to use an antique license plate other than the special license plate issued by the office under § 27-15-2304 shall be required to submit the license plate to the office for inspection to determine whether the antique license plate may be used.
    2. If the office determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate.
    3. The reasons for which the office may prohibit the use of an antique license plate include, but shall not be limited to:
      1. The antique license plate does not meet reasonable reflective and safety standards;
      2. The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and
      3. The administrative costs associated with recording and maintaining the antique license plate are prohibitive.
    4. The office may promulgate rules to administer the provisions of this section.

History. Acts 2005, No. 2240, § 2.

Subchapter 24 — Amateur Radio Operators

Preambles. Acts 1953, No. 146 contained a preamble which read:

“Whereas, amateur radio operators throughout the world, and especially in the United States, have in times of flood, ice, windstorm, and other emergencies when regular communication facilities were disrupted, rendered invaluable services in carrying on communications thereby saving lives and property and providing contact between relatives and friends; and

“Whereas, such operators construct, operate and maintain their stations at their own expense and are prohibited by Federal law from making any charge for any service performed; and

“Whereas, a distinctive automobile tag would be a great aid to the Highway Patrol, sheriffs, The American Red Cross, municipal police officers and the National Guard in locating these amateur operators at times of public, or private, need;

“Now, therefore … .”

Effective Dates. Acts 1953, No. 146, § 5: Approved Feb. 25, 1953. Emergency clause provided: “It is hereby ascertained and declared that there is a great need for providing amateur radio operators with distinctive motor vehicle license tags in order to make them easier to locate in times of emergency, and for this reason it is necessary for the preservation of the public peace, health, and safety that this Act become effective without delay. Now therefore, an emergency is declared and this Act shall be in full force and effect from and after its passage.”

Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-15-2401. Special license plates authorized.

    1. Each owner of a motor vehicle who is a resident of the State of Arkansas and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission shall be issued a license plate as prescribed by law for private passenger cars upon application and:
      1. Proof of ownership of an amateur radio station license;
      2. Compliance with the state motor vehicle laws relating to regulation and licensing of motor vehicles; and
      3. Payment of the regular license fee for plates as prescribed by law and the payment of an additional fee of two dollars ($2.00).
    2. Upon the plate, in lieu of the numbers as prescribed by law, shall be inscribed the official amateur station call sign of the applicant as assigned by the Federal Communications Commission.
  1. The motor vehicle owner may apply for and annually renew up to four (4) plates issued under this section for each amateur radio station license held by the motor vehicle owner for not more than four (4) vehicles.
    1. The Office of Driver Services may add additional characters to the call sign in sequential order to identify each additional plate issued for each amateur radio station license.
    2. The office may charge an additional fee of two dollars ($2.00) for each additional plate issued for each amateur radio station license.
    1. The additional fees remitted under subdivision (a)(1)(C) and subdivision (c)(2) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fees shall be credited as supplemental and in addition to all other funds deposited for the benefit of the division.
    3. The fees shall not be considered or credited to the division as direct revenue.

History. Acts 1953, No. 146, §§ 1, 4; A.S.A. 1947, §§ 75-267, 75-269n; Acts 2005, No. 2202, § 2; 2015, No. 737, § 1.

Amendments. The 2015 amendment inserted designations (a)(1)(A) through (a)(1)(C); rewrote (b); added (c) and (d); and made stylistic changes.

27-15-2402. Applications.

All applications for special license plates under this subchapter shall be made to the Secretary of the Department of Finance and Administration.

History. Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4627.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-2403. Nontransferable.

Special license plates issued under this subchapter shall be nontransferable.

History. Acts 1953, No. 146, § 1; A.S.A. 1947, § 75-267; Acts 2005, No. 2202, § 2.

27-15-2404. Rules.

The Secretary of the Department of Finance and Administration shall make such rules as are necessary to ascertain compliance with all state license laws relating to the use and operation of motor vehicles before issuing the special license plates under this subchapter in lieu of the regular license plates.

History. Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts 2005, No. 2202, § 2; 2019, No. 315, § 3111; 2019, No. 910, § 4628.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-2405. Lists for public information.

  1. On or before March 1 of each year, the Secretary of the Department of Finance and Administration shall furnish to the sheriff of each county in the state an alphabetically arranged list of the names, addresses, and amateur station call signs on the license plates of all persons to whom license plates are issued under the provisions of this subchapter.
  2. It shall be the duty of the sheriffs of the state to maintain, and keep current, these lists for public information and inquiry.

History. Acts 1953, No. 146, § 3; A.S.A. 1947, § 75-269; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4629.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Subchapter 25 — Pearl Harbor Survivors [Repealed]

27-15-2501 — 27-15-2505. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2501. Acts 1987, No. 883, § 2.

27-15-2502. Acts 1987, No. 883, § 1; 2003, No. 1454, § 1.

27-15-2503. Acts 1987, No. 883, § 2; 2003, No. 1454, § 2.

27-15-2504. Acts 1987, No. 883, § 2; 1989, No. 284, § 1.

27-15-2505. Acts 1987, No. 883, § 3.

Subchapter 26 — Merchant Marine [Repealed]

27-15-2601 — 27-15-2604. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1991, No. 837, § 1.

Subchapter 27 — Firefighters [Repealed]

27-15-2701 — 27-15-2704. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2701. Acts 1993, No. 569, § 1; 1997, No. 837, § 1.

27-15-2702. Acts 1993, No. 569, § 1; 1995, No. 1314, § 1; 1997, No. 837, § 2; 1999, No. 646, § 67.

27-15-2703. Acts 1993, No. 569, § 1.

27-15-2704. Acts 1993, No. 569, § 2.

For present law, see § 27-24-1303.

Subchapter 28 — Special License Plates for County Quorum Court Members [Repealed]

27-15-2801 — 27-15-2805. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1993, No. 1248, § 1.

Subchapter 29 — Special Collegiate License Plates [Repealed]

27-15-2901 — 27-15-2911. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2901. Acts 1993, No. 609, § 1.

27-15-2902. Acts 1993, No. 609, § 10; 1997, No. 208, § 32.

27-15-2903. Acts 1993, No. 609, §§ 2, 3.

27-15-2904. Acts 1993, No. 609, § 4.

27-15-2905. Acts 1993, No. 609, § 12.

27-15-2906. Acts 1993, No. 609, § 5.

27-15-2907. Acts 1993, No. 609, § 6; 2001, No. 999, § 1.

27-15-2908. Acts 1993, No. 609, § 7; 2001, No. 999, § 2.

27-15-2909. Acts 1993, No. 609, § 8.

27-15-2910. Acts 1993, No. 609, § 9.

27-15-2911. Acts 1993, No. 609, § 11.

Subchapter 30 — Special Civil Air Patrol License Plates [Repealed]

27-15-3001 — 27-15-3003. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3001. Acts 1995, No. 647, § 2.

27-15-3002. Acts 1995, No. 647, §§ 1, 3, 4; 1999, No. 1076, § 1.

27-15-3003. Acts 1995, No. 647, § 5.

Subchapter 31 — Search and Rescue Special License Plates

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-15-3101. Design of plates.

  1. The Department of Finance and Administration shall design a search and rescue license plate for motor vehicles.
  2. The license plates shall be numbered consecutively and shall contain the words “Search and Rescue”.

History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2.

27-15-3102. Eligibility.

  1. Every member of a search and rescue team who is a resident of this state and an owner of a motor vehicle may apply for a search and rescue license plate as provided in this subchapter.
    1. Upon submitting proof of eligibility and complying with the state laws relating to registration and licensing of motor vehicles and the payment of thirty-five dollars ($35.00) for the initial license plate the applicant shall be issued a search and rescue license plate under this subchapter.
    2. The thirty-five-dollar fee shall be deposited into the State Central Services Fund as a direct revenue for the support of the Department of Finance and Administration.
    3. Annual renewals of search and rescue license plates shall be at the same fee as is prescribed for regular motor vehicle license plates in § 27-14-601, and shall be disbursed accordingly.
    1. No person shall be issued more than one (1) search and rescue license plate.
    2. The search and rescue license plates issued under this subchapter are not transferable.

History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2.

27-15-3103. Rules.

The Department of Finance and Administration shall promulgate rules necessary to implement this subchapter.

History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2; 2019, No. 315, § 3112.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the section heading and in the text.

Subchapter 32 — Ducks Unlimited [Repealed]

27-15-3201 — 27-15-3209. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3201. Acts 1999, No. 23, § 1.

27-15-3202. Acts 1999, No. 23, §§ 2, 3.

27-15-3203. Acts 1999, No. 23, § 4.

27-15-3204. Acts 1999, No. 23, § 5; 2003, No. 90, § 1.

27-15-3205. Acts 1999, No. 23, § 6; 2003, No. 90, § 2.

27-15-3206. Acts 1999, No. 23, § 7.

27-15-3207. Acts 1999, No. 23, § 9.

27-15-3208. Acts 1999, No. 23, § 8.

27-15-3209. Acts 1999, No. 23, § 10.

Subchapter 33 — World War II Veterans, Korean War Veterans, Vietnam Veterans, and Persian Gulf Veterans [Repealed]

27-15-3301 — 27-15-3306. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3301. Acts 1999, No. 916, § 1.

27-15-3302. Acts 1999, No. 916, § 2.

27-15-3303. Acts 1999, No. 916, § 3.

27-15-3304. Acts 1999, No. 916, § 4.

27-15-3305. Acts 1999, No. 916, § 5.

27-15-3306. Acts 1999, No. 916, § 6.

Subchapter 34 — Additional Game and Fish Commission Plates [Repealed]

27-15-3401 — 27-15-3407. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3401. Acts 1999, No. 1566, § 1.

27-15-3402. Acts 1999, No. 1566, § 2.

27-15-3403. Acts 1999, No. 1566, § 3.

27-15-3404. Acts 1999, No. 1566, § 4.

27-15-3405. Acts 1999, No. 1566, § 5.

27-15-3406. Acts 1999, No. 1566, § 6.

27-15-3407. Acts 1999, No. 1566, § 7.

Subchapter 35 — Committed to Education License Plates [Repealed]

27-15-3501 — 27-15-3507. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3501. Acts 2001, No. 529, § 1.

27-15-3502. Acts 2001, No. 529, § 2; 2003, No. 1473, § 68.

27-15-3503. Acts 2001, No. 529, § 3.

27-15-3504. Acts 2001, No. 529, § 4.

27-15-3505. Acts 2001, No. 529, § 5.

27-15-3506. Acts 2001, No. 529, § 6.

27-15-3507. Acts 2001, No. 529, § 7.

Subchapter 36 — Armed Forces Veteran License Plates [Repealed]

27-15-3601 — 27-15-3607. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3601. Acts 2001, No. 725, § 1.

27-15-3602. Acts 2001, No. 725, § 2.

27-15-3603. Acts 2001, No. 725, § 3.

27-15-3604. Acts 2001, No. 725, § 4.

27-15-3605. Acts 2001, No. 725, § 5.

27-15-3606. Acts 2001, No. 725, § 6.

27-15-3607. Acts 2001, No. 725, § 7.

Subchapter 37 — Special Retired Arkansas State Trooper License Plates [Repealed]

27-15-3701 — 27-15-3706. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2001, No. 47, § 1.

Subchapter 38 — Distinguished Flying Cross [Repealed]

27-15-3801 — 27-15-3805. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2001, No. 566, § 1.

Subchapter 39 — Choose Life License Plate [Repealed]

27-15-3901 — 27-15-3908. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 344, § 1.

Subchapter 40 — Miscellaneous

Preambles. Acts 1963, No. 26 contained a preamble which read:

“Whereas, many motor vehicle dealers in this state loan new motor vehicles to public school districts to be used by such districts; and

“Whereas, such new motor vehicles are returned by the school district to the motor vehicle dealer who then sells the same; and

“Whereas, the use of such loaned motor vehicles by school districts saves such districts considerable tax funds and relieves the district of the necessity of purchasing such motor vehicles; and

“Whereas, school districts are now required to purchase motor vehicle licenses for such vehicles;

“Now, therefore … .”

Effective Dates. Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-15-4001. Buses converted to or equipped as campers.

  1. Any person in this state who owns a school bus or other bus which has been converted to or equipped as a camper and is used solely as a camper may register it and obtain special motor vehicle license plates for it upon application to the Secretary of the Department of Finance and Administration and upon the payment of an annual registration fee of thirteen dollars ($13.00).
  2. No more than one (1) family or six (6) persons, whichever shall be the greater number, shall be transported upon the public highways of this state in a camper bus licensed under the provisions of this section.
  3. Any person owning a camper bus registered and licensed pursuant to this section who shall use the bus or permit it to be used for any purpose other than as a camper bus or who shall operate or permit it to be operated in violation of this section shall be required to pay the annual registration fee prescribed by law for other vehicles of the same class as such vehicle, and in addition, shall pay a penalty in an amount equal to one-half (½) of the annual fee.

History. Acts 1965, No. 87, §§ 1, 2; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-285, 75-286; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4630.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-15-4002. Exemptions for new vehicles loaned by dealers to school districts.

  1. Whenever any dealer in new motor vehicles in this state shall lend any new motor vehicle to any public school district in this state to be used by the district and to be returned to the motor vehicle dealer within a specified time, the motor vehicle shall be exempt from all state, county, or municipal taxes and license fees during the time it is being used by the school district.
  2. The Secretary of the Department of Finance and Administration shall issue, without charge to the school district, the appropriate motor vehicle license plates for the vehicle.
  3. Upon any such motor vehicle's being returned to the motor vehicle dealer and upon the sale of the vehicle by the dealer, the appropriate gross receipts taxes, registration and license fees, and any other taxes due on the vehicle shall be due and payable in the manner provided by law.

History. Acts 1963, No. 26, § 1; A.S.A. 1947, § 75-281; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4631.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

27-15-4003. [Repealed.]

Publisher's Notes. This section, concerning street rods, was repealed by Acts 2007, No. 340, § 2. The section was derived from Acts 1999, No. 1327, §§ 1-4; 2005, No. 2202, § 2.

For present provisions see subchapter 15 of chapter 24 of this title.

27-15-4004. [Repealed.]

Publisher's Notes. This section, concerning minimum number of applications and discontinuance of license plates, was repealed by Acts 2005, No. 2202, § 2. The section was derived from Acts 2001, No. 1203, § 1; 2003, No. 371, § 1.

Subchapter 41 — Susan G. Komen Breast Cancer Education, Research, and Awareness License Plate [Repealed]

27-15-4101 — 27-15-4106. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. This subchapter was derived from Acts 2003, No. 1004, § 1.

Subchapter 42 — Division of Agriculture License Plate [Repealed]

27-15-4201 — 27-15-4207. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1040, § 1.

Subchapter 43 — Constitutional Officer License Plate [Repealed]

27-15-4301 — 27-15-4305. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 868, § 1.

Subchapter 44 — African-American Fraternity and Sorority License Plate [Repealed]

27-15-4401 — 27-15-4409. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1302, § 1.

Subchapter 45 — Boy Scouts of America License Plate [Repealed]

27-15-4501 — 27-15-4506. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. This subchapter was derived from Acts 2003, No. 1343, § 1.

Subchapter 46 — Arkansas Cattlemen's Foundation License Plate [Repealed]

27-15-4601 — 27-15-4606. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1150, § 1.

Subchapter 47 — Organ Donor Awareness License Plate [Repealed]

27-15-4701 — 27-15-4707. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1362, § 2.

Subchapter 48 — Operation Iraqi Freedom Veteran License Plate [Repealed]

27-15-4801 — 27-15-4808. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2007, No. 109, § 3. The subchapter was derived from Acts 2005, No. 185, § 1.

For current law related to Operation Iraqi Freedom Veteran special license plates, please see Title 27, Chapter 24, Subchapter 2.

Subchapter 49 — In God We Trust License Plate

Effective Dates. Acts 2005, No. 727, § 2: Mar. 9, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are insufficient resources being dedicated to the purchase of raw food for home-delivered meals for the elderly; that senior citizen centers have been forced to close due to lack of adequate funding; that senior citizens have been placed on waiting lists to receive home-delivered meals; and that this act is immediately necessary to promote the health and independent living of the senior citizens of the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-15-4901. In God We Trust license plate authorized.

The Secretary of the Department of Finance and Administration shall issue a special In God We Trust motor vehicle license plate in the manner and subject to the conditions prescribed in this subchapter.

History. Acts 2005, No. 727, § 1; 2019, No. 910, § 4632.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-4902. Design.

  1. The special In God We Trust motor vehicle license plates shall:
    1. Be designed by the Department of Finance and Administration;
    2. Contain the words “In God We Trust”; and
    3. Be numbered consecutively.
    1. Before the Secretary of the Department of Finance and Administration creates and issues a special license plate under this subchapter, one (1) of the following must occur:
      1. A fee in the amount of six thousand dollars ($6,000) to cover the cost of the initial order of each newly designed license plate is remitted to the Department of Finance and Administration by the Division of Aging, Adult, and Behavioral Health Services, a person, or other entity; or
      2. The Department of Finance and Administration receives a minimum of one thousand (1,000) applications for the special license plate.
      1. The fee collected under subdivision (b)(1)(A) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      2. The fee shall not be considered or credited to the division as direct revenues.
      3. The fee may be paid by any person or organization or by any combination of persons or organizations.

History. Acts 2005, No. 727, § 1; 2017, No. 913, § 130; 2019, No. 910, § 4633.

Amendments. The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Aging and Adult Services” in (b)(1)(A).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(1).

27-15-4903. Fees.

  1. Upon payment of the fee required by law for the registration of the vehicle, payment of twenty-five dollars ($25.00) to cover the design-use contribution fee, and payment of an additional ten-dollar handling and administrative fee for the issuance of the special In God We Trust license plate, the Department of Finance and Administration shall issue to the vehicle owner an In God We Trust license plate which shall bear the approved design.
      1. The handling and administrative fee of ten dollars ($10.00) shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
      2. The fee shall not be considered or credited to the division as direct revenues.
    1. The design-use contribution fee of twenty-five dollars ($25.00) shall be deposited as special revenues into the State Treasury to the credit of the In God We Trust License Plate Fund.

History. Acts 2005, No. 727, § 1.

27-15-4904. In God We Trust License Plate Fund.

  1. There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “In God We Trust License Plate Fund”.
    1. All moneys collected as design-use contribution fees under § 27-15-4903 shall be deposited into the State Treasury as special revenues to the credit of the fund.
    2. The fund shall also consist of any other revenues as may be authorized by law.
      1. The fund shall be used by the Division of Aging, Adult, and Behavioral Health Services to provide quarterly cash grants to each senior citizen center in a similar method as is used in the State of Arkansas's current system for distributing United States Department of Agriculture money to the senior citizen centers to purchase raw food.
      2. All moneys in the fund shall be used exclusively by the division as provided in subdivisions (c)(2) and (3) of this section.
        1. All moneys collected as design-use contribution fees under § 27-15-4903(a) shall be used exclusively by senior citizen centers for purchasing food for use in a home-delivered meal program.
        2. No moneys collected as design-use contribution fees under § 27-15-4903(a) shall be used for administration expenses by a state agency, senior citizen center, or any other nonprofit or for-profit organization.
      1. The division shall distribute the moneys collected under this subchapter as cash grant awards to senior citizen centers in the State of Arkansas.
      2. The cash grant awards shall be based on the average number of meals served each day for the prior quarter within the senior citizen center's respective geographic area.
    1. Each senior citizen center that receives a cash grant award under this subchapter shall use the moneys exclusively for purchasing food for use in a home-delivered meal program.

History. Acts 2005, No. 727, § 1; 2017, No. 913, § 131.

Amendments. The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Aging and Adult Services” in (c)(1)(A).

Cross References. In God We Trust License Plate Fund, § 19-6-807.

27-15-4905. Renewal.

    1. The special In God We Trust license plate issued under this subchapter may be renewed annually under the procedures in § 27-15-4004 [repealed] and under §§ 27-14-1012 and 27-14-1013.
    2. Registration may continue from year to year as long as it is renewed each year within the time and manner required by law.
  1. A motor vehicle owner who was previously issued a plate with the In God We Trust design authorized by this subchapter and who does not pay a design-use contribution fee of twenty-five dollars ($25.00) at the subsequent time of registration shall be issued a new plate which does not bear the In God We Trust design.
  2. Upon expiration, or if the special In God We Trust license plate is lost, the plate may be replaced with a regular license plate at the fee specified in § 27-14-602(b)(6).
  3. If the special In God We Trust license plate is replaced with a new In God We Trust license plate, the owner shall be required to pay the fees for the issuance of the license plate under § 27-15-4903.

History. Acts 2005, No. 727, § 1.

27-15-4906. Transfer to another vehicle.

The special In God We Trust license plate issued under this subchapter may be transferred from one (1) vehicle to another as provided in § 27-14-914.

History. Acts 2005, No. 727, § 1.

27-15-4907. Compliance with other laws.

The special In God We Trust license plate shall comply with all state motor vehicle laws relating to registration and licensing of motor vehicles unless specifically provided otherwise in this subchapter.

History. Acts 2005, No. 727, § 1; 2015, No. 1158, § 2.

Amendments. The 2015 amendment deleted (1); deleted designation (2); and substituted “all” for “All other.”

27-15-4908. Rules.

The Secretary of the Department of Finance and Administration shall promulgate reasonable rules and prescribe forms as the secretary determines to be necessary for effectively and efficiently carrying out the intent and purposes of this subchapter.

History. Acts 2005, No. 727, § 1; 2019, No. 315, § 3113; 2019, No. 910, § 4634.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

Subchapter 50 — Operation Enduring Freedom Veteran License Plate [Repealed]

27-15-5001 — 27-15-5008. [Repealed.]

Publisher's Notes. This subchapter, concerning the Operation Enduring Freedom Veteran License Plate, was repealed by Acts 2007, No. 109, § 2. The subchapter was derived from Acts 2005, No. 952, § 1.

For current law related to Operation Iraqi Freedom Veteran special license plates, please see Title 27, Chapter 24, Subchapter 2.

Subchapter 51 — Arkansas State Golf Association License Plate

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-15-5101. Arkansas State Golf Association license plate authorized.

The Secretary of the Department of Finance and Administration shall provide for and issue Arkansas State Golf Association special license plates in the manner and subject to the conditions under this subchapter.

History. Acts 2005, No. 1574, § 1; 2019, No. 910, § 4635.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-5102. Design — Numbered plates.

    1. The Arkansas State Golf Association special license plates shall be designed by the Arkansas State Golf Association.
    2. The design shall be submitted to the Secretary of the Department of Finance and Administration for design approval under rules of the secretary.
    3. The association may periodically submit a newly designed license plate for approval and issuance by the secretary with not more than one (1) new license plate design issued per calendar year.
    1. Upon approval of the design by the secretary, the association shall remit to the Department of Finance and Administration a fee in the amount of six thousand dollars ($6,000) to cover the cost of the initial order of each newly designed license plate.
    2. This fee shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenues.
  1. The secretary shall promulgate reasonable rules and prescribe any forms as the secretary determines to be necessary to carry out the intent and purposes of this subchapter.

History. Acts 2005, No. 1574, § 1; 2019, No. 315, § 3114; 2019, No. 910, §§ 4636-4638.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2); and substituted “secretary” for “director” throughout the section.

27-15-5103. Application for special Arkansas State Golf Association license plate — Fee — Disposition of fee.

  1. Any motor vehicle owner may apply for and renew annually an Arkansas State Golf Association special license plate.
    1. Upon payment of the fee required by law for registration of the motor vehicle, payment of twenty-five dollars ($25.00) to cover the design-use contribution, and payment of an additional handling and administrative fee of ten dollars ($10.00) for the special license plate, the Department of Finance and Administration shall issue to the vehicle owner a special license plate that bears the approved design.
      1. The handling and administrative fee of ten dollars ($10.00) shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited to the division as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      2. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    2. The design-use contribution of twenty-five dollars ($25.00) shall be remitted monthly to the association to be used for association purposes.

History. Acts 2005, No. 1574, § 1.

27-15-5104. Renewal.

    1. Arkansas State Golf Association special license plates issued under this subchapter may be renewed annually under the procedures set out in § 27-15-4903 in person, by mail, or by facsimile under §§ 27-14-1012 and 27-14-1013.
    2. Registration may continue from year to year so long as the license is renewed each year within the time and manner required by law.
    1. A motor vehicle owner who was previously issued a plate with a design authorized by this subchapter and who does not pay a design-use contribution of twenty-five dollars ($25.00) at a subsequent time of registration shall be issued a new plate, as otherwise provided by law, that does not bear the design.
    2. Upon expiration, the special license plate may be replaced with a conventional license plate, a personalized license plate, or a new special license plate.

History. Acts 2005, No. 1574, § 1.

27-15-5105. Transfer to another vehicle.

Arkansas State Golf Association special license plates issued under this subchapter may be transferred from one vehicle to another under § 27-14-914.

History. Acts 2005, No. 1574, § 1.

27-15-5106. Compliance with other laws.

The Arkansas State Golf Association special license plates shall comply with all other state motor vehicle laws relating to registration and licensing of motor vehicles, except as specifically provided otherwise in this subchapter.

History. Acts 2005, No. 1574, § 1; 2015, No. 1158, § 3.

Amendments. The 2015 amendment deleted “including the minimum number of license plate applications required under § 27-15-4004” following “motor vehicles.”

Subchapter 52 — Arkansas Fallen Firefighters' Memorial Special License Plate

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-15-5201. Arkansas Fallen Firefighters' Memorial special license plate authorized.

The Secretary of the Department of Finance and Administration shall provide for and issue Arkansas Fallen Firefighters' Memorial special license plates for motor vehicles in the manner provided in this subchapter.

History. Acts 2005, No. 1577, § 1; 2019, No. 910, § 4639.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-5202. Plate design.

    1. The special motor vehicle license plates shall be designed by the Arkansas Fallen Firefighters' Memorial Board.
    2. The design shall be submitted for design approval by the Secretary of the Department of Finance and Administration under rules of the secretary.
    3. The board may periodically submit a newly designed license plate for approval and issue by the secretary with not more than one (1) new license plate design issued per calendar year.
    1. Upon approval of the design by the secretary, the board shall remit to the Department of Finance and Administration a fee of six thousand dollars ($6,000) to cover the cost of the initial order of each newly designed license plate.
    2. This fee shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenues.
  1. The secretary shall promulgate reasonable rules and prescribe any forms as he or she determines to be necessary to carry out the intent and purposes of this subchapter.

History. Acts 2005, No. 1577, § 1; 2019, No. 910, §§ 4640-4642.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2); and substituted “secretary” for “director” throughout the section.

27-15-5203. Fees.

  1. The Department of Finance and Administration shall issue to a vehicle owner an Arkansas Fallen Firefighters' Memorial license plate that shall bear the approved design upon payment of the fee required by law for the registration of the vehicle, payment of five dollars ($5.00) to cover the design-use contribution, and payment of an additional handling and administrative fee of ten dollars ($10.00) for the issuance of the special license plate.
    1. The handling and administrative fee of ten dollars ($10.00):
      1. Shall be collected only for the first year the special license plates are issued;
      2. Shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
      3. Shall not be considered or credited to the division as direct revenues.
    2. The design-use contribution of five dollars ($5.00) shall be deposited to the Arkansas Fallen Firefighters' Memorial Board for the purpose of fund-raising.

History. Acts 2005, No. 1577, § 1.

27-15-5204. Renewal.

    1. Arkansas Fallen Firefighters' Memorial special license plates issued under this subchapter may be renewed annually under the procedures and upon payment of the fees under §§ 27-15-5203, 27-14-1012, and 27-14-1013.
    2. Registration may continue from year to year as long as the special license plate is renewed each year within the time and manner required by law.
    3. A motor vehicle owner who was previously issued a plate with the design authorized by this subchapter and who does not pay a design-use contribution of five dollars ($5.00) at the subsequent time of registration shall be issued a new plate that does not bear the design.
  1. Upon expiration or if the special license plate is lost, it may be replaced with a regular license plate at the fee specified in § 27-14-602(b)(6).

History. Acts 2005, No. 1577, § 1.

27-15-5205. Transfer to another vehicle.

An Arkansas Fallen Firefighters' Memorial special license plate issued under this subchapter may be transferred from one (1) vehicle to another under § 27-14-914.

History. Acts 2005, No. 1577, § 1.

27-15-5206. Compliance with other laws.

Except as specifically provided otherwise in this subchapter, the Arkansas Fallen Firefighters' Memorial special license plates shall comply with all other state motor vehicle laws relating to registration and licensing of motor vehicles.

History. Acts 2005, No. 1577, § 1; 2015, No. 1158, § 4.

Amendments. The 2015 amendment deleted “including the minimum number of license plate applications required under § 27-15-4004” following “motor vehicles.”

Subchapter 53 — Realtors License Plate [Repealed]

27-15-5301 — 27-15-5307. [Repealed.]

A.C.R.C. Notes. For current law related to eligibility requirements for a realtors special license plate, see § 27-24-1408.

Publisher's Notes. This subchapter was repealed by Acts 2007, No. 451, § 4. The former subchapter was derived from Acts 2005, No. 1889, § 1.

27-15-5302 — 27-15-5307. [Repealed.]

Research References

A.L.R.

Governmental immunity: improperly licensed driver. 41 A.L.R.4th 111.

Am. Jur. 7A Am. Jur. 2d, Auto., § 105 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 257 et seq.

Subchapter 1 — General Provisions

A.C.R.C. Notes. This act has been substantially modified, amended, and repealed by the Arkansas General Assembly so that it is questionable whether it is still uniform.

Effective Dates. Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-16-101. Title.

This chapter may be cited as the “Motor Vehicle Driver's License Act”.

History. Acts 1937, No. 280, § 44; Pope's Dig., § 6868; A.S.A. 1947, § 75-348; Acts 1993, No. 445, § 1; 2017, No. 448, § 18.

Amendments. The 2017 amendment deleted “Uniform” preceding “Motor Vehicle”.

27-16-102. Construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History. Acts 1937, No. 280, § 43; Pope's Dig., § 6867; A.S.A. 1947, § 75-347.

27-16-103. Provision of information.

    1. The Office of Motor Vehicle shall maintain on its website information to inform the citizens of the State of Arkansas of changes in the driving laws of the state.
    2. The office shall make the website address related to the information required under subdivision (a)(1) of this section available at all state revenue offices.
    1. The office shall by July 1 of each year prepare a list and explanation of the most-violated driving or traffic laws during the previous year.
    2. The office shall make the information required under subdivision (b)(1) of this section available at all state revenue offices and on its website.
  1. The office is authorized to promulgate rules to administer the provisions of this subchapter.

History. Acts 2005, No. 2118, § 2.

27-16-104. Definitions.

As used in this chapter:

  1. “Driver” means a person who is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
  2. “Farm tractor” means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;
  3. “Motor vehicle” means a vehicle that is self-propelled or that is propelled by electric power drawn from overhead trolley wires but is not operated upon stationary rails or tracks;
  4. “Nonresident” means a person who is not a resident of this state;
    1. “Owner” means a person who holds the legal title of a vehicle.
    2. In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter;
  5. “Person” means a natural person, firm, copartnership, association, or corporation;
    1. “Resident” means any person who:
      1. Remains in this state for a period of more than ninety (90) days;
      2. Resides in this state due to a change of abode; or
      3. Is domiciled in this state on a temporary or permanent basis.
    2. “Resident” does not include any person who is in this state as a student;
  6. “Revoke” means to terminate by formal action a driver's license or privilege to operate a motor vehicle on a public highway, which shall not be subject to renewal or restoration;
  7. “School bus” means a motor vehicle that is owned by a public or governmental agency and operated for the transportation of children to or from school or that is privately owned and operated for compensation for the transportation of children to or from school;
  8. “Street” or “highway” means the entire width between property lines of every way or place of whatever nature when any part of the way is open to the use of the public for purposes of vehicular traffic;
  9. “Suspend” means to temporarily withdraw by formal action a driver's license or privilege to operate a motor vehicle on a public highway, which shall be for a period specifically designated by the suspending authority; and
  10. “Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

History. Acts 1937, No. 280, §§ 1-6; Pope's Dig., §§ 6825-6830; Acts 1953, No. 85, § 1; 1959, No. 307, § 5; 1969, No. 300, § 1; A.S.A. 1947, §§ 75-301–75-306; Acts 1993, No. 445, §§ 2, 40; 2017, No. 448, § 19.

Publisher's Notes. The definitions in this section were formerly codified as § 27-16-201 et seq.

Case Notes

Formal Action Required.

Under Arkansas law, a driver's license is not automatically revoked or suspended by operation of law when grounds therefore arise, but only after formal action is taken to revoke or suspend the license. Mounts v. State, 48 Ark. App. 1, 888 S.W.2d 321 (1994).

Minors.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-51-201, 27-51-20827-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

Person.

Employer who caused truck which he had control of to be set in motion and to be operated was a “person” within the meaning of the provisions of § 27-37-205 prohibiting a person from operating a motor truck without flares and warning signals. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Suspension.

—Foreign State.

Suspensions in one state have the effect of precluding a driver from obtaining a license in other states; that is what happens in Arkansas, and recognition of foreign state suspensions is appropriate so long as those suspensions are effective for a fixed period of time. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Foreign state suspensions are not appropriate when they exist for indefinite periods without explanation or reason. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

—Temporary Withdrawal.

A suspension that continues for nine or ten years is not temporary under anyone's definition and certainly exceeds the one-year limitation set out under § 27-16-912. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Subchapter 2 — Definitions

27-16-201 — 27-16-207. [Repealed.]

Publisher's Notes. This subchapter, concerning definitions, was repealed by Acts 2017, No. 448, § 20.

For current law, see §§ 27-16-104, 27-16-303. The history notes of the former sections have been added to §§ 27-16-104 and 27-16-303, as appropriate.

Subchapter 3 — Penalties

Effective Dates. Acts 1939, No. 72, § 3: Approved Feb. 10, 1939.

Acts 1941, No. 370, § 3: Approved Mar. 26, 1941. Emergency clauses provided: “It is hereby determined that the State Police Department is in need for additional funds for the efficient operation of said department, and it is further determined that by this efficient operation of said department the death rate from motor vehicle accidents has been greatly reduced and that by employing additional police as members of the department, crime will be further deterred; therefore, an emergency is declared to exist, this act being necessary for the public peace, health, and safety shall be in force and effect from and after its passage.”

Acts 1955, No. 278, § 4: Mar. 16, 1955. Emergency clause provided: “It is hereby determined that the present laws pertaining to the responsibility of parents for minors under the age of 18 who drive automobiles is inadequately defined and would permit a parent who violates the law by failing to sign his child's drivers license application to thus escape liability for such child's acts while driving; and thus immediate passage of this Act is necessary to remedy such situation; and therefore an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-16-301. Penalty generally.

  1. In addition to any other penalties provided by the laws of this state and except as provided in subsection (b) of this section, a person who pleads guilty or nolo contendere to or has been found guilty of violating this chapter is guilty of a misdemeanor and shall be punished by:
    1. A fine not more than five hundred dollars ($500);
    2. Imprisonment of not more than ninety (90) days; or
    3. Both a fine and imprisonment as provided under this subsection.
  2. The penalty under this section does not apply if the violation is a felony or has a more serious penalty under this chapter or the laws of this state.

History. Acts 1937, No. 280, § 42; Pope's Dig., § 6866; Acts 1939, No. 72, § 2; 1941, No. 370, § 2; A.S.A. 1947, § 75-346; Acts 2001, No. 1802, § 1; 2013, No. 85, § 1.

Amendments. The 2013 amendment rewrote the section.

Case Notes

Civil Liability.

Parent who allows a minor child to drive without a license commits a misdemeanor, but violation of law does not make parent liable as a matter of law for negligence of child as result of a collision. Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), superseded by statute as stated in, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968).

Prosecution.

No grand jury action, indictment, or information was necessary to prosecute the defendant for driving without a license, since driving without a license is a misdemeanor and a misdemeanor may be charged by a citation. Satterlee v. State, 289 Ark. 450, 711 S.W.2d 827 (1986).

Cited: Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Cook v. State, 321 Ark. 641, 906 S.W.2d 681 (1995).

27-16-302. Unlawful use of license.

  1. It is a misdemeanor for a person:
    1. To display, or cause or permit to be displayed, or have in the person's possession a cancelled, revoked, suspended, fictitious, or fraudulently altered driver's license;
    2. To knowingly assist or permit another person to apply for or obtain through fraudulent application or other illegal means an Arkansas driver's license;
    3. To lend the person's driver's license to another person or knowingly permit its use by another;
    4. To display or represent as one's own a driver's license not issued to the person;
    5. To fail or refuse to surrender to the Office of Driver Services, upon its lawful demand, a driver's license that has been suspended, revoked, or cancelled;
    6. To use a false or fictitious name in an application for a driver's license, to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in an application;
    7. To permit an unlawful use of a driver's license issued to the person; or
    8. To do an act forbidden or fail to perform an act required by this chapter.
  2. The court in which a person is convicted under subsection (a) of this section shall send to the Office of Driver Services a record of the conviction within ten (10) days of the filing of the conviction with the court clerk.

History. Acts 1937, No. 280, § 35; Pope's Dig., § 6859; Acts 1969, No. 348, § 1; A.S.A. 1947, § 75-339; Acts 1993, No. 445, § 3; 2011, No. 194, § 1.

Amendments. The 2011 amendment redesignated the former undesignated introductory language as the introductory language of (a); and inserted (b).

27-16-303. Driving while license cancelled, suspended, or revoked.

    1. Any person whose driver's license or driving privilege as a resident or nonresident has been cancelled, suspended, or revoked as provided in this chapter and who drives any motor vehicle upon the highways of this state while the license or privilege is cancelled, suspended, or revoked is guilty of a misdemeanor.
    2. Upon conviction, an offender shall be punished by imprisonment for not less than two (2) days nor more than six (6) months, and there may be imposed in addition thereto a fine of not more than five hundred dollars ($500).
    1. The Office of Driver Services, upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of the person was suspended, shall extend the period of the suspension for an additional like period and, if the conviction was upon a charge of driving while a license was revoked, the office shall not issue a new license for an additional period of one (1) year from and after the date the person would otherwise have been entitled to apply for a new license.
    2. However, an application for a new license may be presented and acted upon by the office after the expiration of at least one (1) year after the date of revocation.

History. Acts 1937, No. 280, §§ 3, 37; Pope's Dig., § 6861; Acts 1959, No. 307, § 17; 1969, No. 300, § 1; A.S.A. 1947, §§ 75-303–75-341; Acts 1993, No. 445, § 4; 1999, No. 1018, § 1; 2017, No. 448, § 21.

Publisher's Notes. Subdivision (b)(2) of this section was formerly codified as part of § 27-16-206, now repealed.

Amendments. The 2017 amendment redesignated former (b) as (b)(1); and added (b)(2).

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Rev.

Bryan Altman, Comment: Improving the Indigent Defense Crisis Through Decriminalization, 70 Ark. L. Rev. 769 (2017).

Case Notes

Probable Cause.

Defendant's motion to suppress should have been granted because the officers lacked probable cause to arrest him for driving under a suspended or revoked driver's license, and consequently were precluded from inventorying his impounded vehicle in which 60 kilograms (130 pounds) of cocaine were discovered; therefore, conviction reversed on appeal in order to permit defendant to withdraw his guilty plea as provided for in ARCrP 24.3(b). Mounts v. State, 48 Ark. App. 1, 888 S.W.2d 321 (1994).

Suspension.

Suspensions in one state have the effect of precluding a driver from obtaining a license in other states; that is what happens in Arkansas, and recognition of foreign state suspensions is appropriate so long as those suspensions are effective for a fixed period of time. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

A suspension that continues for nine or ten years is not temporary under anyone's definition and certainly exceeds the one-year limitation set out under § 27-16-912. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Violation As Grounds for Revocation of Suspended Sentence.

Trial court did not err in finding that defendant committed two criminal violations by leaving the scene of the accident and driving with a suspended license, §§ 27-53-101, 27-53-103, and subdivision (a)(1) of this section, or in revoking defendant's suspended sentence, based on evidence that he struck a pedestrian and left the scene. Jordan v. State, 2009 Ark. App. 859 (2009).

Cited: Stevens v. State, 319 Ark. 640, 893 S.W.2d 773 (1995); Cook v. State, 321 Ark. 641, 906 S.W.2d 681 (1995); Brown v. State, 54 Ark. App. 44, 924 S.W.2d 251 (1996); Hazelwood v. State, 328 Ark. 602, 945 S.W.2d 365 (1997).

27-16-304. Permitting unauthorized person to drive.

No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her control to be driven upon any highway by any person who is not authorized under this chapter or is in violation of any of the provisions of this chapter.

History. Acts 1937, No. 280, § 39; Pope's Dig., § 6863; A.S.A. 1947, § 75-343.

Research References

Ark. L. Rev.

Negligent Entrustment Revisited: Developments 1966-76, 30 Ark. L. Rev. 288.

Case Notes

Cited: LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

27-16-305. Permitting minor to drive.

No person shall cause or knowingly permit his or her child or ward under eighteen (18) years of age to drive a motor vehicle upon any highway when the minor is not authorized under this chapter or is in violation of any of the provisions of this act.

History. Acts 1937, No. 280, § 38; Pope's Dig., § 6862; Acts 1955, No. 278, § 1; A.S.A. 1947, § 75-342.

Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

Case Notes

Cited: LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

27-16-306. Perjury.

  1. Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed, is guilty of perjury.
  2. Upon conviction, an offender shall be punishable by fine or imprisonment as other persons committing perjury are punishable.

History. Acts 1937, No. 280, § 36; Pope's Dig., § 6860; A.S.A. 1947, § 75-340.

Case Notes

Cited: Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Subchapter 4 — Office of Driver Services

Effective Dates. Acts 1965, No. 555, § 7: July 1, 1965.

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 1694, § 9: July 1, 2002.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-401. Definitions.

As used in this subchapter, unless the context otherwise requires:

  1. “Commissioner” means the Secretary of the Department of Finance and Administration acting in his or her capacity as Commissioner of Motor Vehicles of this state;
  2. “Director” means the Director of the Office of Driver Services;
  3. “Driver” means the same as provided in § 27-16-104;
  4. “Serious accident” means:
    1. A reportable accident in which the driver is found at fault; and
    2. The accident is placed on the driver's records by the Office of Driver Services; and
  5. “Serious traffic violation” means any violation where the driver's privilege to operate a motor vehicle has by court order or by administrative action been withdrawn or any violation in which a driver has been found guilty of:
    1. Any alcohol-related moving traffic violation;
    2. Any seat belt violation;
    3. Any commercial motor vehicle violation;
    4. Driving fifteen (15) or more miles per hour over the speed limit;
    5. Reckless driving;
    6. Negligent homicide;
    7. Using a vehicle to commit a felony;
    8. Failure to carry liability insurance;
    9. Leaving the scene of an accident;
    10. Evading arrest;
    11. Fleeing by use of an automobile;
    12. Unsafe driving;
    13. Hazardous driving;
    14. Prohibited passing;
    15. Passing stopped school bus;
    16. Careless or negligent driving;
    17. Failure to obey a traffic signal or device;
    18. Failure to obey a railroad crossing barrier;
    19. Racing on a highway;
    20. Driving with a suspended, revoked, or cancelled license; or
    21. Driving the wrong way down a one-way street.

History. Acts 1965, No. 555, § 1; A.S.A. 1947, § 75-353; Acts 1993, No. 445, § 5; 2001, No. 1694, § 10; 2019, No. 394, § 3; 2019, No. 910, § 4643.

Amendments. The 2019 amendment by No. 394 substituted “§ 27-16-104” for “§ 27-16-204” in (3).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (1).

27-16-402. Creation.

  1. There is established within the Department of Finance and Administration a separate office to be known as the “Office of Driver Services” which shall, acting under the direction and supervision of the Commissioner of Motor Vehicles, administer the provisions of this chapter and the other laws of this state regarding the licensing of motor vehicle drivers and the laws relating to the suspension and revocation of their licenses.
  2. The commissioner shall, upon approval of the Governor, appoint a director of the office, and the director shall, acting under the supervision of the commissioner, serve as the principal administrative officer of the office.

History. Acts 1965, No. 555, § 2; A.S.A. 1947, § 75-354; Acts 1993, No. 445, § 6.

27-16-403. [Repealed.]

Publisher's Notes. This section, concerning central record files and the reporting of convictions, was repealed by Acts 1995, No. 959, § 1. The section was derived from Acts 1965, No. 555, § 3; 1967, No. 294, § 1; A.S.A. 1947, § 75-355; Acts 1993, No. 445, § 7.

27-16-404. [Repealed.]

Publisher's Notes. This section, concerning issuance of operator's and chauffeur's licenses, was repealed by Acts 1989, No. 193, § 10. The section was derived from Acts 1965, No. 555, § 4; 1967, No. 337, § 1; A.S.A. 1947, § 75-356.

Subchapter 5 — Administration Generally

Effective Dates. Acts 1967, No. 205, § 3: Mar. 6, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are some persons who have been declared legally incompetent but who still possess a motor vehicle operator or chauffeur license to operate a motor vehicle on the roads and highways of this State; that this is a hazard to the safety of other motor vehicle operators; that such persons are not mentally capable of properly, safely and responsibly controlling the operation of a motor vehicle, and that in order to remedy this situation, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 78, § 2: Jan. 1, 2002 by its own terms.

Acts 2003, No. 1001, § 5: Apr. 1, 2003: Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state is experiencing severe revenue shortages which are affecting the operation of many state agencies; that the Department of Arkansas State Police has been hit hard by these shortages which have hampered its ability to replace worn out automobiles and other equipment, not to mention its ability to attract recruits because beginning salaries have remained below average; and that this act is immediately necessary because it provides some much needed additional monies to the Department of Arkansas State Police and should be given immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1992, § 6: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that currently there exists some confusion as to whether the fees collected for the reinstatement of a suspended or revoked driver's license should be collected for each offense or for each reinstatement; that due to the confusion, state agencies have not been allowed to collect the revenue that they anticipated for reinstatement fees which is causing a negative fiscal impact; and that this act is immediately necessary to clarify the law to prevent the impairment of agency operations due to a loss of anticipated revenue. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 1193, § 3: Jan. 1, 2016, until June 30, 2016.

Acts 2017, No. 915, § 3: Sept. 1, 2017, until Jan. 15, 2019.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-501. Records to be kept.

  1. The Office of Driver Services shall file every application for a license received by the office and shall maintain suitable indices containing:
    1. All applications denied and on each note the reasons for the denial;
    2. All applications granted; and
    3. The name of every licensee whose license has been suspended or revoked by the office and, after each name, note the reasons for the action.
  2. The office shall also file all accident reports and abstracts of court records of convictions received by the office under the laws of this state and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of the licensee and the traffic accidents in which he or she has been involved may be readily ascertainable and available for the consideration of the office upon any application for renewal of license at other suitable times.

History. Acts 1937, No. 280, § 24; Pope's Dig., § 6848; Acts 1969, No. 110, § 1; A.S.A. 1947, § 75-328.

27-16-502. Reporting of convictions and forwarding of licenses by courts.

  1. Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver's license of the person by the Office of Driver Services, the court in which the conviction is obtained shall require the surrender to the court of all driver's licenses then held by the person so convicted, and the court shall forward the driver's licenses together with a record of the conviction to the office.
  2. Every court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of motor vehicles on highways shall forward to the office a record of the conviction of any person in the court for a violation of any laws and may recommend the suspension of the driver's license of the person so convicted.
    1. As used in this section, the term “conviction” means a final conviction.
    2. For the purposes of this section, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which has not been vacated, shall be equivalent to a conviction.

History. Acts 1937, No. 280, § 28; Pope's Dig., § 6852; A.S.A. 1947, § 75-332; Acts 1993, No. 445, § 8.

Case Notes

Cited: City of Fayetteville v. Bell, 205 Ark. 672, 170 S.W.2d 666 (1943).

27-16-503. [Repealed.]

Publisher's Notes. This section, concerning report of chauffeur's conviction, was repealed by Acts 1993, No. 445, § 36. The section was derived from Acts 1947, No. 370, § 5; A.S.A. 1947, § 75-314.

27-16-504. Record of nonresident's conviction.

The Office of Driver Services is authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

History. Acts 1937, No. 280, § 26; Pope's Dig., § 6850; A.S.A. 1947, § 75-330.

27-16-505. Notification of incompetency.

When any person is declared incompetent by reason other than minority in any county in the State of Arkansas, the probate clerk of the circuit court shall promptly notify the Office of Driver Services on such forms as the office shall prescribe:

  1. The date the person was declared incompetent;
  2. The address of the incompetent;
  3. The person or institution having custody of the incompetent; and
  4. The name of the guardian.

History. Acts 1967, No. 205, § 1; A.S.A. 1947, § 75-357.

27-16-506. Notice of change of address or name.

  1. Whenever any person after applying for or receiving a driver's license shall move from the address named in the application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, the person shall within ten (10) days thereafter notify the Office of Driver Services in writing of his or her old and new addresses or of his or her former and new names and of the number of any license then held by him or her .
  2. An application submitted by a licensee to change the licensee's name on the licensee's driver's license must be accompanied by the original or a certified copy of one (1) of the following official documents that provides evidence of the change of the licensee's name:
    1. A recorded marriage license;
    2. A court order;
    3. A divorce decree; or
    4. Any other document, including a document issued by the Department of Homeland Security, that is deemed to be satisfactory by the office as evidence that the name change is in accordance with state and federal laws.

History. Acts 1937, No. 280, § 23; Pope's Dig., § 6847; A.S.A. 1947, § 75-327; Acts 1993, No. 445, § 9; 1999, No. 1077, § 2; 2007, No. 492, § 1.

27-16-507. Registration with selective service.

    1. Any United States male citizen or immigrant who is at least eighteen (18) years of age but less than twenty-six (26) years of age shall be registered for the Selective Service System when applying to the Department of Finance and Administration for the issuance, renewal, or a duplicate copy of:
      1. A driver's license;
      2. A commercial driver's license; or
      3. An identification card.
    2. This registration is in compliance with the requirements of section 3 of the Military Selective Service Act, 50 U.S.C. § 451 et seq.
  1. The department shall forward to the Selective Service System in an electronic format the necessary personal information required for registration of the applicants identified in this section.
  2. The applicant's submission of the application shall serve as an indication that the applicant has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration.
  3. The department shall notify the applicant on the receipt that his submission of the application for a license or identification card identified in this section will serve as his consent to be registered with the Selective Service System, if so required by federal law.
  4. The department shall attempt to enter into an agreement with the Selective Service System to share the cost and data necessary to implement this section.

History. Acts 2001, No. 78, § 1.

27-16-508. Fee for reinstatement — Definition.

    1. The Office of Driver Services of the Department of Finance and Administration shall collect a reinstatement fee of one hundred dollars ($100) to be multiplied by the number of administrative orders to suspend, revoke, or cancel a driver's license, other than:
      1. Orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808; and
      2. Orders entered under § 27-16-909.
      1. If a person's driving privileges are suspended or revoked solely as a result of outstanding driver's license reinstatement fees imposed under the laws of this state, the office shall permit the person to pay only one (1) reinstatement fee of one hundred dollars ($100) to cover all administrative orders to suspend, revoke, or cancel a driver's license for a person ordered to pay a reinstatement fee under § 27-16-808 or subdivision (a)(1) of this section if a district court or circuit court verifies to the office that the person has:
        1. Paid all other court costs, fines, and fees associated with the criminal offense that led to his or her driver's license suspension;
        2. Graduated from a specialty court program; and
        3. Provided the sentencing court with a reinstatement letter from the Department of Finance and Administration showing all outstanding suspension or revocation orders.
      2. Subdivision (a)(2)(A) of this section does not apply to:
        1. A reinstatement fee ordered under this section, § 5-65-119, § 5-65-304, or § 5-65-310; or
        2. A fee ordered to reinstate commercial driving privileges.
    2. A person may not avail himself or herself of the provisions of subdivision (a)(2) of this section more than one (1) time.
    3. Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section shall be set off against a taxpayer's state income tax refund.
    4. A court may only verify the completion of the requirements under subdivision (a)(2)(A) of this section to the office for a suspension or revocation that occurred as a result of a conviction or other action taken in that particular court or jurisdiction.
  1. The revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
  2. The fee under this section is supplemental to and in addition to any fee imposed under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808.
  3. As used in this section, “specialty court program” means a specialty court program as authorized by the Supreme Court under § 16-10-139.

History. Acts 2003, No. 1001, § 4; 2005, No. 1992, § 4; 2011, No. 194, § 2; ; 2015, No. 1193, § 3; 2017, No. 915, § 3; 2019, No. 803, § 4; 2019, No. 910, § 6038; 2019, No. 992, § 1.

A.C.R.C. Notes. Acts 2019, No. 992, § 3, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare an annual report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time this act is effective.

“(b) The Department of Finance and Administration shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1 of each year”.

The amendment of this section by Acts 2019, No. 992, supersedes the amendment by Acts 2019, No. 803. Acts 2019, No. 803, amended the version of § 27-15-508(a) effective after January 15, 2019, to read as follows:

“(a)(1) The Office of Driver Services shall collect a reinstatement fee of one hundred dollars ($100) to be multiplied by the number of administrative orders to suspend, revoke, or cancel a driver's license, other than orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808 and other than orders entered under § 27-16-909.

“(2) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.”

Amendments. The 2011 amendment substituted “§ 27-16-909” for “§ 27-16-907(a)(5)” in (a).

The 2015 amendment inserted designation (a)(1); and added (a)(2) and (a)(3).

The 2017 amendment redesignated (a) as (a)(1); added (a)(2) through (a)(4); and added (d).

The 2019 amendment by No. 803 added (a)(2) and redesignated former (a) as (a)(1).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b).

The 2019 amendment by No. 992 added “Definition” in the section heading; and rewrote the section.

27-16-509. Reciprocal agreements — Definition.

    1. As used in this section, “reciprocal agreement” means the Driver License Agreement or a similar proposed compact regarding the uniform transfer of driver's license information to prevent a person from having multiple driving records in multiple states or jurisdictions.
    2. “Reciprocal agreement” includes an agreement that:
      1. Provides a consistent method of sharing driving records and updating violations in multiple states or jurisdictions, including ticket and violation information; and
      2. Takes advantage of technological advances in the transmission of data.
  1. The purpose of this section is to allow the State of Arkansas to negotiate and consummate a reciprocal agreement with the duly authorized officials or representatives of the following:
    1. A state or territory of the United States;
    2. A state, territory, district, or province of Canada or Mexico; or
    3. The government of the United States, Canada, or Mexico.
    1. The Secretary of the Department of Finance and Administration may negotiate and consummate a reciprocal agreement as provided under this section.
    2. If the Secretary of the Department of Finance and Administration enters into a reciprocal agreement under this section, then he or she shall exercise due regard for the advantage and convenience of resident drivers and citizens of the State of Arkansas.
    3. The Secretary of the Department of Finance and Administration shall only enter into a reciprocal agreement that extends equal or greater privileges and exemptions to Arkansas motor vehicle drivers as compared to the privileges and exemptions provided to the other entity's motor vehicle drivers.
    1. The Secretary of the Department of Finance and Administration shall enter into a reciprocal agreement under this section by promulgating rules in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    2. The reciprocal agreement shall become effective as outlined in the reciprocal agreement.
      1. If the Secretary of the Department of Finance and Administration enters into a reciprocal agreement under this section, then he or she shall submit a report to the following:
        1. The cochairs of the Legislative Council;
        2. The Chair of the House Committee on Public Transportation and the Chair of the Senate Committee on Public Transportation, Technology, and Legislative Affairs; and
        3. The Director of the Bureau of Legislative Research.
      2. The report shall be submitted within sixty (60) days after the reciprocal agreement becomes effective but no later than one hundred twenty (120) days before the convening of the Eighty-Sixth General Assembly regardless of the effective date of the reciprocal agreement.
    1. The report under this subsection shall include the following:
      1. Drafts of legislation that make changes to the law that are necessary to comply with the reciprocal agreement;
      2. A report that explains the drafts of legislation;
      3. Background information related to the recommended changes in the law, including an explanation of how other states and governments are responding to the reciprocal agreement; and
      4. Any other information that is requested by the cochairs of the Legislative Council, the Chair of the House Committee on Public Transportation and the Chair of the Senate Committee on Transportation, Technology, and Legislative Affairs, or the Director of the Bureau of Legislative Research.

History. Acts 2005, No. 446, § 1; 2017, No. 448, §§ 22-24; 2019, No. 910, §§ 4644-4646.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “commissioner” throughout (c), (d), and (e); and inserted “Public” following “Senate Committee on” in (e)(1)(A)(ii).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” throughout (c), and in (d)(1) and (e)(1)(A).

Subchapter 6 — Licensing Requirements

Preambles. Acts 2015, No. 1199, contained a preamble which read:

“WHEREAS, injuries caused by motor vehicle accidents are the leading cause of death for children and adolescents in the United States and in Arkansas. Motor vehicle crashes rank first for injury-related deaths and disability, particularly for teenagers between fourteen (14) and nineteen (19) years of age, accounting for one-third (1/3) of teen deaths; and

“WHEREAS, the risk of motor vehicle accidents is highest when adolescents are learning to drive and within the first year after licensing. Adolescents represent the highest risk age group on the roads. Drivers sixteen (16) years of age are four (4) times more likely to be involved in a motor vehicle accident than drivers between the ages of twenty (20) and twenty-four (24); and

“WHEREAS, Arkansas has historically had much higher rates of teen driving crashes and fatalities than other states. As recently as 2008, Arkansas teens were dying at two (2) times the national average; and

“WHEREAS, motor vehicle death rates recently have decreased nationally and more dramatically in Arkansas, with a reduction of more than fifty percent (50%) in the past six (6) years; and

“WHEREAS, recent research has led to an improved understanding of the factors that make learning to drive and novice driving safer, including a three phase approach: the learner stage with supervised driving, the intermediate stage permitting solo driving with restrictions on high-risk situations, followed by granting a full license without driving restrictions; and

“WHEREAS, new research that focuses on supervised driver experience during the learner's period demonstrates the importance of having a licensed driver as a coach during the first twelve (12) months of driving experience while learning to negotiate the many demands of driving safely, reducing the likelihood of deaths and insurance claims for drivers sixteen (16) years of age by as much as twenty-six percent (26%); and

“WHEREAS, statistical research offered by the Arkansas Center for Health Improvement, in coordination with the Injury Prevention Center at Arkansas Children's Hospital, demonstrates that parental involvement, teen driver education, and enforcement of the principles of the graduated drivers licenses contained in Arkansas Code § 27-16-701, et seq., and Arkansas Code § 27-16-801, et seq., have reduced the loss of life and injuries to teen drivers; and

“WHEREAS, a demonstrated need exists for more parental education about the mechanics and procedures contained in the graduated drivers license laws to help Arkansas families procure drivers licenses for their teenagers; and

“WHEREAS, in rural Arkansas limited opportunities exist for teens to apply, take the written driving test, and take the drivers' skills test necessary to procure a drivers license; and

“WHEREAS, it is in the best interest of Arkansas's families to streamline the process to reduce time away from work for parents; and

“WHEREAS the Department of Arkansas State Police is the lead governmental agency in testing for drivers licenses and providing information about obtaining drivers licenses; and

“WHEREAS, the Department of Arkansas State Police is promulgating rules and conducting training to make drivers license testing consistent across the state; and

“WHEREAS, the Department of Arkansas State Police is taking steps to proliferate vital information about drivers education and licensing procedures; and

“WHEREAS, the Department of Finance and Administration dispenses the drivers' licenses after all prerequisites have been complied with by prospective teen drivers and their families through the Department of Arkansas State Police, NOW THEREFORE, ... .”

Effective Dates. Acts 1969, No. 142, § 8: July 1, 1969.

Acts 1989, No. 193, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh Arkansas General Assembly that Arkansas does not currently have any specific standards for testing the eyesight of motor vehicle and motorcycle operators; that after the initial eyesight test of an applicant for a motor vehicle or motorcycle operator's license, Arkansas does not require on renewal of the license any subsequent examination of any driver's eyesight; and therefore all drivers on the public streets and highways are endangered since many drivers with less than adequate visual acuity are able to receive or renew their motor vehicle or motorcycle operator's license. Further, it is found and determined that Arkansas driver's licenses can be renewed for a two year period or for a four year period; that this dual option for renewal of driver's licenses requires an excessive amount of administrative resources and therefore the renewal period for Arkansas driver's licenses should be limited to a single four year period for all drivers. In order to prevent any further endangerment of the driving public and to reduce the administrative cost of issuing driver's licenses, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force from and after July 1, 1989.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 1694, § 9: July 1, 2002.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-601. Driver's license to be carried and exhibited on demand.

  1. A licensee shall have his or her driver's license or a digital copy of the driver's license provided by the Office of Driver Services under § 27-16-801 in his or her immediate possession at all times when operating a motor vehicle and shall display the driver's license or a digital copy of the driver's license upon demand of a justice of the peace, a peace officer, or an employee of the office.
  2. No person charged with violating this section shall be convicted if he or she produces in court a driver's license issued to him or her and valid at the time of his or her arrest.

History. Acts 1937, No. 280, § 19; Pope's Dig., § 6843; A.S.A. 1947, § 75-323; Acts 1993, No. 445, § 10; 2017, No. 557, § 1.

Amendments. The 2017 amendment, in (a), substituted “A” for “Every”, inserted “or a digital copy of the driver's license provided by the Office of Driver Services under § 27-16-801”, substituted “driver's license or a digital copy of the driver's license” for “license”, and substituted “office” for “Office of Driver Services”.

Case Notes

Investigatory Stop of Vehicles.

Where a state police officer observed an automobile with out-of-state license plates which was traveling at a slow rate of speed on an interstate highway and which contained two occupants sitting low in the seat, he was justified in stopping the vehicle to investigate the reason for the slow speed and to determine the age of the operator who was demanded to exhibit his driver's license. Perez v. State, 260 Ark. 438, 541 S.W.2d 915 (1976).

Cited: Brenneman v. State, 264 Ark. 460, 573 S.W.2d 47 (1978).

27-16-602. Driver's license required.

  1. No person, except those expressly exempted, shall drive any motor vehicle upon a highway in this state unless the person has a valid driver's license under the provisions of this chapter.
    1. No person shall receive a driver's license unless and until he or she surrenders to the Office of Driver Services all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction.
    2. All surrendered licenses shall be returned by the office to the issuing department together with information that the licensee is now licensed in the new jurisdiction.
    3. No person shall be permitted to have more than one (1) valid driver's license at any time.
    1. No person shall drive a commercial motor vehicle as a commercial driver unless he or she holds a valid commercial driver's license.
    2. No person shall receive a commercial driver's license unless and until he or she surrenders to the office any noncommercial driver's license issued to him or her or an affidavit that he or she does not possess a noncommercial driver's license.
    3. Any person holding a valid commercial driver's license under this chapter need not procure a noncommercial driver's license.
  2. Any person licensed under this chapter may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipal, or local board or body having authority to adopt local police regulations.

History. Acts 1937, No. 280, § 7; Pope's Dig., § 6831; Acts 1959, No. 307, § 12; A.S.A. 1947, § 75-307; Acts 1993, No. 445, § 11.

Cross References. License required for motorcycles, etc., § 27-20-106.

Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Rev.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Case Notes

In General.

The state has the police power to promulgate regulations calculated to promote safety in the use of highways. Driving a motor vehicle on a public highway is a privilege, and not an unrestrained, natural right, and the state may require a license of those who exercise the privilege. Satterlee v. State, 289 Ark. 450, 711 S.W.2d 827 (1986).

Arrest.

Custodial arrest on an expired driver's license charge was not pretextual, and fruits of search made incident to the arrest need not have been excluded. Williams v. State, 23 Ark. App. 121, 743 S.W.2d 402, 1988 Ark. App. LEXIS 31 (1988).

Driving Without License.

No grand jury action, indictment, or information was necessary to prosecute the defendant for driving without a license, since driving without a license is a misdemeanor and a misdemeanor may be charged by a citation. Satterlee v. State, 289 Ark. 450, 711 S.W.2d 827 (1986).

Cited: Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Jones v. City of Newport, 29 Ark. App. 42, 780 S.W.2d 338 (1989); Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993).

27-16-603. Persons exempted from licensing.

The following persons are exempt from licensing under this chapter:

  1. A person who operates a motor vehicle for a military purpose:
    1. While in the service of the:
      1. United States Army, United States Air Force, United States Navy, United States Coast Guard, or United States Marine Corps; or
      2. National Guard and reserve components of the armed forces; or
    2. While serving as a National Guard military technician;
  2. Any person while operating or driving any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway;
  3. A nonresident who is at least sixteen (16) years of age and who has in his or her immediate possession a valid noncommercial driver's license issued to him or her in his or her home state or country may operate a motor vehicle in this state only as a noncommercial driver;
  4. A nonresident who is at least eighteen (18) years of age and who has in his or her immediate possession a valid commercial driver's license issued to him or her by his or her home state or country may operate a motor vehicle in this state as a noncommercial driver or may operate a commercial motor vehicle as provided by § 27-23-123; and
  5. Any nonresident who is at least eighteen (18) years of age whose home state or country does not require the licensing of noncommercial drivers may operate a motor vehicle as a noncommercial driver only, for a period of not more than ninety (90) days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of the nonresident.

History. Acts 1937, No. 280, § 8; Pope's Dig., § 6832; Acts 1981, No. 852, § 1; A.S.A. 1947, § 75-308; Acts 1993, No. 445, § 12; 2005, No. 879, § 3; 2009, No. 456, § 3.

Amendments. The 2009 amendment rewrote (1).

Case Notes

Cited: Jones v. City of Newport, 29 Ark. App. 42, 780 S.W.2d 338 (1989).

27-16-604. Persons not to be licensed.

  1. The Office of Driver Services shall not issue any license under this chapter to any person:
    1. As a noncommercial driver who is under eighteen (18) years of age, except that the Office of Driver Services may issue an intermediate license as provided to any person who is at least sixteen (16) years of age and a learner's permit license to any person who is at least fourteen (14) years of age. This age restriction does not apply to a person who is at least sixteen (16) years of age and:
      1. Married;
      2. Possesses a high school diploma;
      3. Has successfully completed a high school equivalency test; or
      4. Is enlisted in the United States military;
    2. As a commercial driver who is under eighteen (18) years of age;
    3. As a commercial or noncommercial driver whose:
      1. License to operate a motor vehicle has been suspended, in whole or in part, by this state or by any other state, during the suspension; or
      2. License has been revoked, in whole or in part, by this state or by any other state, until the expiration of one (1) year after the license was revoked;
    4. As a commercial or noncommercial driver who is a habitual drunkard, a habitual user of narcotic drugs, or a habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle;
    5. As a commercial or noncommercial driver who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
    6. As a commercial or noncommercial driver who is required by this chapter to take an examination, unless the person shall have successfully passed the examination;
    7. Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
    8. Who is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/70 in the better eye or if the total visual field of the person is less than one hundred five degrees (105°);
    9. Whose operation of a motor vehicle on the highways the Secretary of the Department of Finance and Administration has good cause to believe would be inimical to public safety or welfare;
    10. Who is making an initial application for an Arkansas driver's license and who is not lawfully within the United States;
    11. Who is a noncommercial driver between sixteen (16) and eighteen (18) years of age who has not possessed a restricted license, an instruction permit, or a combination of both a restricted license and an instruction permit for at least six (6) months;
    12. Who is making an initial application for an Arkansas driver's license and cannot provide the information required under § 27-16-1105(a); or
    13. Who is seeking an initial application or renewal of an Arkansas driver's license or photo identification and cannot show either an Arkansas driver's license or identification, two (2) primary documents, or one (1) primary and one (1) secondary document prescribed by the Department of Finance and Administration and updated as needed.
  2. The Office of Driver Services is authorized to secure from all state agencies involved the necessary information to comply with the provisions of this section.
  3. The department shall promulgate a list of documents acceptable under subdivision (a)(12) or subdivision (a)(13) of this section and post the list in each revenue office in the state.

History. Acts 1937, No. 280, § 9; Pope's Dig., § 6833; Acts 1959, No. 307, § 13; 1967, No. 339, § 1; 1969, No. 142, § 7; A.S.A. 1947, § 75-309; Acts 1989, No. 193, § 1; 1993, No. 445, § 13; 1997, No. 208, § 33; 1997, No. 1099, § 1; 1999, No. 25, § 1; 2001, No. 1694, § 1; 2001, No. 1812, §§ 2, 3; 2007, No. 444, § 1; 2015, No. 696, § 1; 2015, No. 1115, § 31; 2015, No. 1199, § 3; 2017, No. 448, § 25; 2019, No. 910, § 4647.

A.C.R.C. Notes. Acts 2001, No. 1812, § 1, provided:

“The purpose of this act is to clarify changes made by Act 1099 of 1997 in order to cure certain unintended consequences of the act which have had an adverse impact on individual citizens residing in the State of Arkansas.”

Acts 2015, No. 1199, § 1, provided: “Title. This act shall be known and may be cited as the ‘Arkansas Teen Driver and Parental Education Act of 2015’.”

Acts 2015, No. 1199, § 2, provided: “Duties of Department of Arkansas State Police.

The Department of Arkansas State Police shall:

“(1) Improve its official website in coordination with the Injury Prevention Center at Arkansas Children's Hospital to:

“(A) Become the repository of information regarding the mechanics and procedures for obtaining graduated drivers licenses; and

“(B) Include without limitation:

“(i) A parental checklist of steps needed to obtain a graduated drivers license;

“(ii) Specific information about documents needed to make application for a graduated drivers license; and

“(iii) Specific information regarding the times for the written driving tests and the driving skills tests in each county of the state;

“(2) In coordination with the Injury Prevention Center at Arkansas Children's Hospital, distribute information electronically, virtually, and through literature about the graduated drivers license application and procedures to:

“(A) Secondary schools throughout the state; and

“(B) Parents of prospective drivers;

“(3) Update the drivers manual in coordination with the Injury Prevention Center at Arkansas Children's Hospital; and

“(4)(A) File a report with the cochairs of the Legislative Council and the Director of the Bureau of Legislative Research within one hundred eighty (180) days of the effective date of this act.

“(B) The report shall include:

“(i) A detailed description of all steps taken to comply with this section; and

“(ii) Recommendations to improve drivers licensing practices and procedures, driver education, and driver safety in this state.”

Amendments. The 2015 amendment by No. 696 substituted “20/70” for “20/50” in (a)(8).

The 2015 amendment by No. 1115 substituted “high school equivalency test” for “General Educational Development test” in (a)(1)(C).

The 2015 amendment by No. 1199 inserted “an instruction permit, or a combination of both a restricted license and an instruction permit” in (a)(11).

The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a)(9).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(9).

Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

Case Notes

Minors.

Alleged negligence of parent in allowing minor child to drive car without a license is for the jury, but such fact alone does not show negligence per se on the part of the parent. Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), superseded by statute as stated in, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968).

Parent of minor child was guilty of negligence per se where he purchased automobile for him and allowed him to operate it in violation of this section. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

Where a state police officer observed an automobile with out-of-state license plates which was traveling at a slow rate of speed on an interstate highway and which contained two occupants sitting low in the seat, he was justified in stopping the vehicle to investigate the reason for the slow speed and to determine the age of the operator. Perez v. State, 260 Ark. 438, 541 S.W.2d 915 (1976).

Proximate Cause.

If a violation of this section by a defendant is not the direct and proximate cause of an accident, the defendant is not liable for the injury of which complaint is made. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

27-16-605. Duties of person renting motor vehicle to another.

  1. No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed under this chapter or, in the case of a nonresident, then duly licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that a driver be licensed.
  2. No person shall rent a motor vehicle to another until he or she has inspected the commercial or noncommercial driver's license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of the person written in his or her presence.
    1. Every person renting a motor vehicle to another shall keep a record of:
      1. The registration number of the motor vehicle so rented;
      2. The name and address of the person to whom the vehicle is rented;
      3. The number of the license of the person; and
      4. The date and place when and where the license was issued.
    2. This record shall be open to inspection by any police officer or officer or employee of the office.

History. Acts 1937, No. 280, § 41; Pope's Dig., § 6865; A.S.A. 1947, § 75-345; Acts 1993, No. 445, § 14.

27-16-606. When residents and nonresidents to obtain state registration and license.

  1. Within thirty (30) calendar days of becoming a resident, any person who is a resident of this state shall obtain an Arkansas driver's license in order to drive upon the streets and highways of this state.
  2. Any nonresident who has been physically present in this state for a period of six (6) months shall obtain an Arkansas driver's license in order to drive upon the streets and highways of this state.

History. Acts 1993, No. 445, § 43; 1999, No. 912, § 3.

Subchapter 7 — Application and Examination

Effective Dates. Acts 1943, No. 128, § 2: Feb. 26, 1943. Emergency clause provided: “This act being necessary for the preservation of the public peace, health and safety of the State, an emergency is hereby declared to exist and this act shall be in full force and effect immediately from and after its passage and approval.”

Acts 1961, No. 495, § 3: Mar. 17, 1961. Emergency clause provided: “It is hereby found and declared by the General Assembly that the present laws pertaining to the responsibility of parents for minors under the age of eighteen (18) years who drive automobiles is inadequately defined and that the immediate passage of this Act is necessary to remedy such situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety and welfare shall be in effect from and after the date of its passage and approval.”

Acts 1987, No. 274, § 5: Mar. 17, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that drivers' license numbers should be the same as Social Security numbers to the extent possible; that in order to accomplish this conversion approximately $150,000 will be required to cover the cost of the conversion; that this act levies an additional license renewal fee in order to generate these revenues; the additional fee should become effective at the beginning of the next fiscal year and unless this emergency clause is adopted this act may not go into effect until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 193, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh Arkansas General Assembly that Arkansas does not currently have any specific standards for testing the eyesight of motor vehicle and motorcycle operators; that after the initial eyesight test of an applicant for a motor vehicle or motorcycle operator's license, Arkansas does not require on renewal of the license any subsequent examination of any driver's eyesight; and therefore all drivers on the public streets and highways are endangered since many drivers with less than adequate visual acuity are able to receive or renew their motor vehicle or motorcycle operator's license. Further, it is found and determined that Arkansas driver's licenses can be renewed for a two year period or for a four year period; that this dual option for renewal of driver's licenses requires an excessive amount of administrative resources and therefore the renewal period for Arkansas driver's licenses should be limited to a single four year period for all drivers. In order to prevent any further endangerment of the driving public and to reduce the administrative cost of issuing driver's licenses, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force from and after July 1, 1989.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Identical Acts 1994 (2nd Ex. Sess.), Nos. 30 and 31, § 9: Aug. 24, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, meeting in Second Extraordinary Session, that under current law, sixteen and seventeen year olds can no longer enroll in adult education and attend a GED program, and the GED programs are more suitable than the public schools in meeting the educational needs of some sixteen and seventeen year olds. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 400, § 11: Mar. 7, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the immediate implementation of this Act is necessary to clarify testing requirements for home-schooled students and is further necessary to efficient operation of the Arkansas Department of Education. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1609, § 2: Apr. 16, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that under present law students who are sixteen or seventeen years of age may not obtain a driver's license unless they have maintained at least a ‘C’ average for the previous semester; that the law has proven to be too restrictive; that this act will allow a student with less than a ‘C’ average to obtain a restricted driver's license to drive to and from work; and that until this act goes into effect, some students may unnecessarily suffer an undue hardship. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1694, § 9: July 1, 2002.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-701. Application for license or instruction permit — Restricted permits — Definition.

    1. Every application for an instruction permit or for a commercial or noncommercial driver's license shall be made upon a form furnished by the Office of Driver Services, and every application shall be accompanied by the required fee.
    2. The commercial driver's license or noncommercial driver's license shall include the intermediate driver's license issued to persons who are less than eighteen (18) years of age and the learner's license issued to persons who are less than sixteen (16) years of age.
  1. Every application shall:
    1. State the full name, date of birth, sex, and residence address of the applicant;
    2. Briefly describe the applicant; and
    3. State whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for suspension, revocation, or refusal.
    1. Every application form for an instruction permit, a commercial or noncommercial driver's license, or any renewal of these licenses or permits shall include space for the applicant's Social Security number if he or she has been assigned such a number.
    2. Every applicant shall supply his or her Social Security number on the application form when he or she has been assigned such a number.
  2. Every application for an instruction permit or for a driver's license by a person less than eighteen (18) years of age on October 1 of any year shall be accompanied by:
    1. A check of the applicant's driving record to verify that the applicant for a learner's license or an intermediate driver's license has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months;
    2. An acknowledgment signed by the applicant of a learner's license that the student is aware that all passengers riding in the motor vehicle shall wear seat belts at all times and that the student is restricted to driving only when accompanied by a driver over twenty-one (21) years of age;
    3. An acknowledgment signed by the applicant for an intermediate driver's license that all passengers riding in the motor vehicle shall wear seat belts at all times;
    4. An acknowledgment signed by the applicant for a learner's license or an intermediate driver's license that the applicant is prohibited from using a cellular telephone or other interactive wireless communication device while operating a motor vehicle;
      1. An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the applicant is accompanied by a licensed driver who is twenty-one (21) years of age or older.
      2. As used in this section, “unrelated minor passenger” means a passenger who is under twenty-one (21) years of age and who is not:
        1. A sibling of the driver;
        2. A step-sibling of the driver; or
        3. A child who resides in the same household as the driver; and
    5. An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the applicant is:
      1. Accompanied by a licensed driver who is twenty-one (21) years of age or older;
      2. Driving to or from a school activity, church-related activity, or job; or
      3. Driving because of an emergency.
    1. In cases in which demonstrable financial hardship would result from the failure to issue a learner's permit or driver's license, the Department of Finance and Administration may grant exceptions only to the extent necessary to ameliorate the hardship.
    2. If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.
  3. The department shall have the power to promulgate rules to carry out the intent of this section.

History. Acts 1937, No. 280, § 12; Pope's Dig., § 6836; Acts 1969, No. 302, § 1; A.S.A. 1947, § 75-311; Acts 1987, No. 274, § 1; 1989, No. 8, § 1; 1991, No. 716, § 1; 1991, No. 831, § 1; 1993, No. 445, § 15; 1993, No. 971, § 1; 1994 (2nd Ex. Sess.), No. 30, § 3; 1994 (2nd Ex. Sess.), No. 31, § 3; 1997, No. 400, § 7; 1997, No. 1200, § 1; 2001, No. 1609, § 1; 2001, No. 1694, § 2; 2003, No. 836, § 1; 2009, No. 394, § 4; 2017, No. 806, §§ 1, 2; 2019, No. 315, § 3115; 2019, No. 617, § 1; 2019, No. 910, § 2408.

A.C.R.C. Notes. As enacted, the 1989 amendment to (c) began: “On and after January 1, 1989.”

As originally amended by Acts 1993, No. 445, § 15 and No. 971, § 1, subdivisions (d)(1)(A)(i), (d)(1)(A)(ii) and (d)(2)(B) began: “After July 1, 1993.”

The repeal of subsection (e) by Acts 2019, No. 617, supersedes the amendment of this section by Acts 2019, No. 910. Acts 2019, No. 910, § 2408, amended subsection (e) to read as follows: “(e) The Division of Elementary and Secondary Education shall develop guidelines for use by school districts to provide a certified exemption from the ‘C’ average requirement of subdivisions (d)(1)-(3) of this section to a student found to be performing at his or her fullest level of capability although that may be below a ‘C’ average.”

Publisher's Notes. Identical Acts 1994 (2nd Ex. Sess.), Nos. 30 and 31, § 5 provided: “The Department of Vocational Education shall promulgate emergency rules and regulations to implement the provisions of this act relative to adult education within ten (10) days from and after its passage and approval.”

Amendments. The 2009 amendment inserted (d)(7) through (d)(9).

The 2017 amendment rewrote (d)(1)(B); and repealed (d)(1)(C).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (g) [now (f)].

The 2019 amendment by No. 617 deleted former (d)(1) through (d)(3) and redesignated the remaining subdivisions of (d) accordingly; deleted former (e), (f)(1), and (f)(2); redesignated former (f)(3)(A) and (f)(3)(B) as (e)(1) and (e)(2); redesignated former (g) as (f); and deleted “and shall distribute to each public, private, and parochial school and each adult education program a copy of all rules and regulations adopted under this section” following “section” in (f).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e) [now deleted].

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.

27-16-702. Application of minor for instruction permit, learner's license, or intermediate driver's license — Definition.

      1. The original application of any person under eighteen (18) years of age applying to take the driver's license examination or applying for an instruction permit, a learner's license, an intermediate driver's license, or a motor-driven cycle or motorcycle license, shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if either is living and has custody.
      2. In the event that neither parent is living or has custody, then the application shall be signed by the person or guardian having custody or by an employer of the minor.
      3. In the event that there is no guardian or employer, then the application shall be signed by any other responsible person who is willing to assume the obligations imposed under this subchapter upon a person signing the application of a minor.
      4. For a person under eighteen (18) years of age in the custody of the Department of Human Services, the Director of the Division of Children and Family Services or his or her designee may authorize an employee of the Department of Human Services or any foster parent to sign the application.
    1. For purposes of this section, an oath required under subdivison (a)(1)(A) of this section may be administered within thirty (30) days before the application is submitted by the applicant, and the oath is not required to be administered at the Office of Driver Services.
    2. Duly authorized agents of the Secretary of the Department of Finance and Administration may administer oaths without charge.
    3. A person authorized to sign the application under subdivision (a)(1) of this section is not required to personally appear at the time the applicant submits the application.
    1. Except as provided under subdivision (b)(2) of this section, any negligence or willful misconduct of a minor under eighteen (18) years of age when driving a motor vehicle upon a highway shall be imputed to the person who signed the application of the minor for a permit or license, regardless of whether the person who signed was authorized to sign under subsection (a) of this section, which person shall be liable with the minor for any damages caused by the negligence or willful misconduct.
      1. For a person under eighteen (18) years of age in the custody of the Department of Human Services, any negligence or willful misconduct of the person when driving a motor vehicle upon a highway shall not be imputed to the authorized employee or authorized foster parent who signed the application of the minor for a permit or license.
      2. The authorized employee or authorized foster parent shall not be held liable in conjunction with the minor for any damages caused by the negligence or willful misconduct of the minor.
    1. If any person who is required or authorized by subsection (a) of this section to sign the application of a minor in the manner therein provided shall cause, or knowingly cause, or permit his or her child or ward or employee under eighteen (18) years of age to drive a motor vehicle upon any highway, then any negligence or willful misconduct of the minor shall be imputed to this person, and this person shall be liable with the minor for any damages caused by the negligence or willful misconduct.
    2. The provisions of this subsection shall apply regardless of the fact that a learner's license or an intermediate driver's license may or may not have been issued to the minor.
    3. As used in this section, “minor” means any person who has not attained eighteen (18) years of age.
  1. The provisions of this section shall apply in all civil actions, including, but not limited to, both actions on behalf of and actions against the persons required or authorized by subsection (a) of this section to sign the application in the manner therein provided.

History. Acts 1937, No. 280, § 13; Pope's Dig., § 6837; Acts 1961, No. 495, § 1; 1969, No. 302, § 2; A.S.A. 1947, § 75-315; Acts 1987, No. 409, § 1; 1993, No. 445, § 16; 1995, No. 959, §§ 3-5; 2001, No. 1694, § 3; 2007, No. 216, §§ 1-3; 2017, No. 448, § 26; 2019, No. 910, § 4648; 2019, No. 961, § 1.

Amendments. The 2017 amendment, in (a)(2), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “may” for “shall be authorized to”.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2) [now (a)(3)].

The 2019 amendment by No. 961 inserted “applying to take the driver's license examination or applying” in (a)(1)(A); inserted (a)(2), and redesignated former (a)(2) as (a)(3); deleted “For purposes of this section” from the beginning of (a)(3); added (a)(4); and made stylistic changes.

Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Torts, 6 U. Ark. Little Rock L.J. 211.

Case Notes

Purpose.

The statutory purpose of this section is to ensure financial responsibility for a minor's use of a vehicle, and it does not impose liability on a party signing the application for license where the law imposes none on the minor for whom the financial responsibility is assumed. Kyser v. Porter, 261 Ark. 351, 548 S.W.2d 128 (1977).

The intent of this section is to impute the negligence of a minor, whether such negligence is characterized as negligence, contributory negligence, or comparative negligence, to the parents. Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978).

Authority to Sign Application.

Only if neither parent is living is anyone else authorized to sign a minor's application for a driver's license. Jones v. Davis, 300 Ark. 130, 777 S.W.2d 582 (1989).

Minor's cousin, who signed his application for him even though he was not authorized to sign because the boy's mother was living and he did not have custody or guardianship of the minor, was properly found joint and severally liable for minor's negligence; the act of signing the application brought him within the purview of the statute and he could not say he should be excused from the liability incurred under the statutory provisions because he acted in a manner not authorized by that statute. Jackson v. Houchin, 85 Ark. App. 11, 144 S.W.3d 764 (2004).

Comparative Negligence.

Where a minor driving his parent's automobile was found to be a certain percent at fault in an accident, the minor's comparative negligence would be imputed to his parent. Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978).

Where a parent sues for damages on his own behalf and on behalf of a minor child in a cause of action arising out of the same negligent act, the child's contributory negligence may be asserted against the parent even though the negligence is not imputed to the parent, the parent's cause of action being deemed to be derivative and subject to the comparative negligence of the child. Kirkendoll v. Hogan, 267 Ark. 1083, 593 S.W.2d 498 (Ct. App. 1980).

Defenses of Minors.

In an action against the owner of an automobile for negligence or willful misconduct of a minor in possession of the automobile, this section does not transfer to the owner, as a bar against his own negligence, all of the defenses the minor driver may have. Garrison v. Williams, 246 Ark. 1172, 442 S.W.2d 231 (1969).

Since this section does not impose liability on a party signing the application for license where the law imposes none on a minor for whom the financial responsibility was assumed, defenses which the minor might have under the guest statute would also be available to the parent. Kyser v. Porter, 261 Ark. 351, 548 S.W.2d 128 (1977).

Highways.

Where a collision occurred upon a paved road on school grounds, the road leading from a parking area to the city street and being open for use by students and others having occasion to enter the school yard, it was held that such road was a highway, a “highway” being defined to be a “carriage way, a horse way, a foot way, or a navigable river.” Summerhill v. Shannon, 235 Ark. 617, 361 S.W.2d 271 (1962).

Instructions.

Where the trial court refused to give a model instruction, as requested by the plaintiff, to the effect that the parents of a defendant minor child who was operating a vehicle which struck the plaintiff's decedent were required by law to sign the minor's application for an operator's license and that if they knowingly permitted the minor to drive the vehicle and if the minor was negligent, then his negligence would be charged to his parents, the refusal by the trial court was not error, since no issue was presented as to whether the parents had signed the license application or whether they had permitted the minor to drive and also since the instruction could have been prejudicial because, as the plaintiff's attorney seemed to admit, such an instruction would have made it more likely for the jury to have determined that the minor was negligent, despite its irrelevancy to that conclusion. Andrews v. Springer, 268 Ark. 646, 594 S.W.2d 586 (Ct. App. 1980).

Liability of Parents.

As to parents held liable for negligence of minor children, see Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), superseded by statute as stated in, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968); Ross v. Vaught, 246 Ark. 1002, 440 S.W.2d 540 (1969); Garrison v. Williams, 246 Ark. 1172, 442 S.W.2d 231 (1969); Rogers v. Watkins, 258 Ark. 394, 525 S.W.2d 665 (1975); Rogers v. MFA Mut. Ins. Co., 262 Ark. 55, 554 S.W.2d 327 (1977).

Under the plain language of this section, the negligence of a minor cannot be imputed to the noncustodial parent. Garrison v. Aquino, 2017 Ark. App. 338, 523 S.W.3d 905 (2017).

Trial court properly entered summary judgment in favor of a father in a driver's action alleging that a son's negligence was imputed to the father because the father had no legal authority to permit his son to drive while he was in the mother's custody; as the noncustodial parent, the father had no legal or practical authority to “cause, knowingly cause, or permit” the son to drive while the son was in the mother's custody. Garrison v. Aquino, 2017 Ark. App. 338, 523 S.W.3d 905 (2017).

Driver lacked standing to allege a violation of the father's due-process right to parent his child because the driver was not a member of the class of persons regulated by this section; the father's inability to permit or prohibit his son's driving arose directly from the divorce decree, not this section. This section addresses only the imputed liability of a parent, it does not expand or narrow a parent's legal authority to allow his or her child to drive. Garrison v. Aquino, 2017 Ark. App. 338, 523 S.W.3d 905 (2017).

Cited: Elrod v. G & R Constr. Co., 275 Ark. 151, 628 S.W.2d 17 (1982); Jones v. Davis, 300 Ark. 130, 777 S.W.2d 582 (1989); LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

27-16-703. Release from liability.

  1. Any person who has signed the application of a minor for a license may thereafter file with the Office of Driver Services a verified written request that the license of the minor so granted be cancelled.
  2. The office shall cancel the license of the minor, and the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application, on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.

History. Acts 1937, No. 280, § 14; Pope's Dig., § 6838; A.S.A. 1947, § 75-316.

27-16-704. Examinations of applicants.

  1. Every applicant for a driver's license, except as otherwise provided in this chapter, shall be examined in accordance with the provisions of this section.
    1. The examination shall be held within not more than thirty (30) days from the date that application is made.
    2. The examination shall include a test of the applicant's eyesight, ability to read and understand the highway traffic laws of this state, an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle, and any further physical and mental examination deemed necessary by the Office of Driver Services to operate a motor vehicle safely upon the highways.
    3. The test of the applicant's eyesight shall examine his or her visual acuity to read road signs and identify objects at a distance.
    4. The applicant shall have a minimum uncorrected visual acuity of 20/40 for an unrestricted license and a minimum corrected visual acuity of 20/70 for a restricted license. The applicant's field of vision shall be at least one hundred forty degrees (140°) for a person with two (2) functional eyes and at least one hundred five degrees (105°) for a person with one (1) functional eye.
    5. Applicants who fail the eyesight test shall be instructed that they should have their eyes examined by an eye care professional and secure corrective lenses, if necessary.
    6. The test of the applicant's eyesight shall be made on an optical testing instrument approved under standards established by the Secretary of the Department of Finance and Administration and the Division of Arkansas State Police.
    7. In addition, the applicant for a learner's license and an intermediate driver's license shall have the student's driving record checked to verify that the student has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months.
    1. No applicant for an original license, that is, an applicant who has never been licensed previously by any jurisdiction, shall be permitted to demonstrate ability to operate a motor vehicle as required under the provisions of this chapter unless and until the applicant has in his or her possession a valid instruction permit properly issued not less than thirty (30) days prior to the date of application, unless otherwise determined by the office.
    2. The instruction permit required under this subchapter shall be issued in accordance with the provisions of this chapter.

History. Acts 1937, No. 280, § 16; Pope's Dig., § 6840; Acts 1969, No. 141, § 1; 1977, No. 863, § 1; A.S.A. 1947, § 75-318; Acts 1989, No. 193, § 2; 1993, No. 445, § 17; 2001, No. 1694, § 4; 2003, No. 217, § 1; 2015, No. 696, § 2; 2019, No. 910, § 4649.

Amendments. The 2015 amendment substituted “20/70” for “20/50” in (b)(4).

The 2019 amendment, in (b)(6), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “Division of Arkansas State Police” for “Department of Arkansas State Police”.

Cross References. Operator's examination, § 27-20-108.

27-16-705. Examiners.

  1. An examination as provided for in this subchapter shall be conducted by the Division of Arkansas State Police or by the duly authorized agents of the Secretary of the Department of Finance and Administration.
  2. No examination shall be conducted by local law enforcement officers or local citizens.
  3. The division may promulgate any necessary rules to implement, administer, and enforce this subchapter concerning examinations.

History. Acts 1937, No. 280, § 17; Pope's Dig., § 6841; Acts 1943, No. 128, § 1; A.S.A. 1947, § 75-319; Acts 2011, No. 1022, § 1; 2019, No. 910, § 4650.

Amendments. The 2011 amendment added (c).

The 2019 amendment, in (a), substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-16-706. Written test — Contents.

The driver's license test shall include written questions concerning:

  1. The effects of the consumption of alcoholic beverage products and the use of illegal drugs, prescription drugs, and nonprescription drugs on the ability of a person to operate a motor vehicle;
  2. The legal and financial consequences resulting from violations of the state's laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs;
  3. Accessible parking for a person with a disability;
  4. Penalties for the unauthorized use of parking designated for the exclusive use of a person with a disability; and
  5. Traffic stop safety guidelines for drivers and passengers developed by the Division of Arkansas State Police.

History. Acts 1995, No. 711, § 1; 1995, No. 1105, § 1; 2007, No. 753, § 5; 2017, No. 490, § 2.

A.C.R.C. Notes. Acts 2017, No. 490, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) Every traffic stop, even for the most common traffic violation, may potentially be dangerous for the driver, passenger, or law enforcement officer;

“(2) While law enforcement officers are thoroughly trained in traffic stop safety, drivers and passengers are often not; and

“(3) It is necessary to establish standard traffic stop safety guidelines for drivers and passengers to help ensure the safety of drivers and passengers.”

Acts 2017, No. 490, § 4, provided: “The traffic stop safety guidelines for drivers and passengers developed by the Department of Arkansas State Police are not required to be included in the driver's instruction manual and driver's license written test until the next time the department revises the driver's instruction manual and driver's license written test.”

Amendments. The 2017 amendment added (5).

Subchapter 8 — Issuance of Licenses and Permits

Preambles. Acts 2015, No. 1199, contained a preamble which read:

“WHEREAS, injuries caused by motor vehicle accidents are the leading cause of death for children and adolescents in the United States and in Arkansas. Motor vehicle crashes rank first for injury-related deaths and disability, particularly for teenagers between fourteen (14) and nineteen (19) years of age, accounting for one-third (1/3) of teen deaths; and

“WHEREAS, the risk of motor vehicle accidents is highest when adolescents are learning to drive and within the first year after licensing. Adolescents represent the highest risk age group on the roads. Drivers sixteen (16) years of age are four (4) times more likely to be involved in a motor vehicle accident than drivers between the ages of twenty (20) and twenty-four (24); and

“WHEREAS, Arkansas has historically had much higher rates of teen driving crashes and fatalities than other states. As recently as 2008, Arkansas teens were dying at two (2) times the national average; and

“WHEREAS, motor vehicle death rates recently have decreased nationally and more dramatically in Arkansas, with a reduction of more than fifty percent (50%) in the past six (6) years; and

“WHEREAS, recent research has led to an improved understanding of the factors that make learning to drive and novice driving safer, including a three phase approach: the learner stage with supervised driving, the intermediate stage permitting solo driving with restrictions on high-risk situations, followed by granting a full license without driving restrictions; and

“WHEREAS, new research that focuses on supervised driver experience during the learner's period demonstrates the importance of having a licensed driver as a coach during the first twelve (12) months of driving experience while learning to negotiate the many demands of driving safely, reducing the likelihood of deaths and insurance claims for drivers sixteen (16) years of age by as much as twenty-six percent (26%); and

“WHEREAS, statistical research offered by the Arkansas Center for Health Improvement, in coordination with the Injury Prevention Center at Arkansas Children's Hospital, demonstrates that parental involvement, teen driver education, and enforcement of the principles of the graduated drivers licenses contained in Arkansas Code § 27-16-701, et seq., and Arkansas Code § 27-16-801, et seq., have reduced the loss of life and injuries to teen drivers; and

“WHEREAS, a demonstrated need exists for more parental education about the mechanics and procedures contained in the graduated drivers license laws to help Arkansas families procure drivers licenses for their teenagers; and

“WHEREAS, in rural Arkansas limited opportunities exist for teens to apply, take the written driving test, and take the drivers' skills test necessary to procure a drivers license; and

“WHEREAS, it is in the best interest of Arkansas's families to streamline the process to reduce time away from work for parents; and

“WHEREAS the Department of Arkansas State Police is the lead governmental agency in testing for drivers licenses and providing information about obtaining drivers licenses; and

“WHEREAS, the Department of Arkansas State Police is promulgating rules and conducting training to make drivers license testing consistent across the state; and

“WHEREAS, the Department of Arkansas State Police is taking steps to proliferate vital information about drivers education and licensing procedures; and

“WHEREAS, the Department of Finance and Administration dispenses the drivers' licenses after all prerequisites have been complied with by prospective teen drivers and their families through the Department of Arkansas State Police, NOW THEREFORE, ... .”

Effective Dates. Acts 1939, No. 72, § 3: Approved Feb. 10, 1939.

Acts 1941, No. 370, § 3: Approved Mar. 26, 1941. Emergency clause provided: “It is hereby determined that the State Police Department is in need of additional funds for the efficient operation of said department, and it is further determined that by this efficient operation of said department the death rate from motor vehicle accidents has been greatly reduced and that by employing additional police as members of the department, crime will be further deterred; therefore, an emergency is declared to exist, this act being necessary for the public peace, health, and safety shall be in force and effect from and after its passage.”

Acts 1957, No. 24, §§ 1, 3: Jan. 1, 1958. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (1) that traffic accidents resulting in injuries and deaths to persons and damages to property are increasing at an alarming rate, due in part to increased use of the highways; (2) that present appropriations and revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (3) that only the provisions of this act will provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidents of highway accidents. It has also been found and is hereby declared by the General Assembly that in order for the Department of Arkansas State Police to properly plan its program of operation in the light of the additional revenues to be derived under the provisions of this act, and in order that the necessary driver's license forms may be prepared, printed and made available for distribution, this act take effect without delay. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force from and after the date of its passage and approval.” Approved February 8, 1957.

Acts 1963, No. 147, § 2: Mar. 4, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is no provision in the Arkansas law authorizing the issuance of driver's licenses without examination to persons holding a license issued by another state or the armed services; that the lack of such provision creates a hardship on new residents of this state and on persons returning to the state after serving their country in the armed services of the United States, and that this situation should be corrected immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1965, No. 493, § 10: Mar. 20, 1965. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (a) that traffic accidents resulting in injuries and deaths of persons and damages to property are increasing at an alarming rate; (b) that present revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (c) that only the provisions of this act will tend to provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force on and after its passage and approval.”

Acts 1969, No. 276, § 5: Mar. 18, 1969. Emergency clause provided: “It is hereby found and is hereby determined by the General Assembly of the State of Arkansas that traffic accidents resulting in injuries and deaths to persons and damage to property are increasing at an alarming rate, due in part to increased use of the highways; that present appropriations and revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and, that only the provisions of this act will provide funds in an amount sufficient to employ necessary personnel to patrol the highways and thereby reduce the incidents of highway accidents. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 274, § 5: Mar. 17, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that drivers' license numbers should be the same as Social Security numbers to the extent possible; that in order to accomplish this conversion approximately $150,000 will be required to cover the cost of the conversion; that this act levies an additional license renewal fee in order to generate these revenues; the additional fee should become effective at the beginning of the next fiscal year and unless this emergency clause is adopted this act may not go into effect until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 193, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh Arkansas General Assembly that Arkansas does not currently have any specific standards for testing the eyesight of motor vehicle and motorcycle operators; that after the initial eyesight test of an applicant for a motor vehicle or motorcycle operator's license, Arkansas does not require on renewal of the license any subsequent examination of any driver's eyesight; and therefore all drivers on the public streets and highways are endangered since many drivers with less than adequate visual acuity are able to receive or renew their motor vehicle or motorcycle operator's license. Further, it is found and determined that Arkansas driver's licenses can be renewed for a two year period or for a four year period; that this dual option for renewal of driver's licenses requires an excessive amount of administrative resources and therefore the renewal period for Arkansas driver's licenses should be limited to a single four year period for all drivers. In order to prevent any further endangerment of the driving public and to reduce the administrative cost of issuing driver's licenses, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force from and after July 1, 1989.”

Acts 1991, No. 782, § 6: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the effectiveness of this Act on July 1, 1991 is essential to the operation of the Arkansas State Police and the Department of Finance and Administration and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 1500, § 2: May 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly that the State Police Insurance System is under-funded; that the failure of this act to provide immediate additional revenue for the system will disrupt the proper administration of the State Police Insurance System, and such a disruption could work irreparable harm upon the proper administration and coverage of essential insurance protection provided to officers of the Department of Arkansas State Police. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on May 1, 2001.”

Acts 2001, No. 1694, § 9: July 1, 2002.

Acts 2003, No. 1001, § 5: Apr. 1, 2003: Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state is experiencing severe revenue shortages which are affecting the operation of many state agencies; that the Department of Arkansas State Police has been hit hard by these shortages which have hampered its ability to replace worn out automobiles and other equipment, not to mention its ability to attract recruits because beginning salaries have remained below average; and that this act is immediately necessary because it provides some much needed additional monies to the Department of Arkansas State Police and should be given immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2 If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1992, § 6: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that currently there exists some confusion as to whether the fees collected for the reinstatement of a suspended or revoked driver's license should be collected for each offense or for each reinstatement; that due to the confusion, state agencies have not been allowed to collect the revenue that they anticipated for reinstatement fees which is causing a negative fiscal impact; and that this act is immediately necessary to clarify the law to prevent the impairment of agency operations due to a loss of anticipated revenue. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 839, § 10: Apr. 3, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the donation of parts of human bodies provides a significant source for protecting the health and safety of the citizens of Arkansas; and that continuous advances in the technology of human transplants and the inherent limitations incident to transplantation from dead bodies require that this act become effective immediately. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 308, § 6: June 30, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will improve the safety and health of Arkansans; that the changes to the law will qualify the state to receive approximately nine million five hundred thousand dollars ($9,500,000) in federal grant funds to implement highway safety programs; that the deadline for the state to have a primary seatbelt law in place that is effective and enforceable to qualify for the federal grant program is June 30, 2009; and that this act is immediately necessary to secure substantial federal funding and make the roads and highways safer in the state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on June 30, 2009.”

Acts 2011, No. 12, § 3: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that a person's status as a veteran can easily be included on a driver's license; that this information can be helpful for the veteran to secure benefits more easily; that having this information on driver's licenses can be helpful to law enforcement, especially when the veteran has recently returned from combat, as many of our young veterans have; and that this act is immediately necessary because it will streamline administrative procedures for veterans and assist law enforcement. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2015, No. 343, § 5: Jan. 1, 2016.

Acts 2015, No. 856, § 10: Mar. 31, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that certain driver license fees are needed to provide vital services to the Department of Arkansas State Police; that this act will allow the use of those fees; and that this act is immediately necessary to provide a source of revenues to the department. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 895, § 48(b): Jan. 1, 2016. Effective date clause provided: “Sections 46 and 47 of this act are effective on and after January 1, 2016.”

Acts 2015, No. 1193, § 3: Jan. 1, 2016, until June 30, 2016.

Acts 2017, No. 366, § 2: Nov. 13, 2017.

Acts 2017, No. 460, § 4: Nov. 13, 2017.

Acts 2017, No. 915, § 3: Sept. 1, 2017, until Jan. 15, 2019.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-801. Licenses generally — Validity periods — Contents — Fees — Disposition of moneys — Definitions.

      1. In a manner prescribed by the Secretary of the Department of Finance and Administration, the Office of Driver Services shall issue:
        1. Except as provided in subdivision (a)(1)(B) of this section, a Class D license or a Class M license to each qualified applicant eighteen (18) or more years of age, for a period of eight (8) years, upon payment of twenty-four dollars ($24.00);
        2. An intermediate Class D license or an intermediate Class M license to each applicant between sixteen (16) and eighteen (18) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00);
        3. A learner's Class D license to each applicant between fourteen (14) and sixteen (16) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); and
        4. A Class MD license to each qualified applicant, for a period of not more than two (2) years, upon payment of two dollars ($2.00).
      2. A Class D license or a Class M license shall be issued for a period to be elected by the applicant of either four (4) years upon payment of twelve dollars ($12.00) or eight (8) years upon payment of twenty-four dollars ($24.00) to a qualified applicant who:
        1. Is seventy (70) or more years of age; and
        2. Has an expired Class D license or Class M license.
      1. Each applicant for a Class D license, Class M license, 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 each written examination taken.
      2. The examination fee shall be remitted in a manner prescribed by the commissioner.
    1. Each license shall include:
      1. A distinguishing number assigned to the licensee;
        1. Except as provided under subdivisions (a)(3)(B)(ii) and (iii) of this section, the name, residence address, date of birth, and a brief description of the licensee.
        2. 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:
          1. If the licensee is a law enforcement officer; or
          2. If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811.
        3. If the licensee is an elected prosecuting attorney, a duly appointed deputy prosecuting attorney, or a public defender, he or she may use a post office box address or his or her office address instead of his or her residence address; and
      2. A space upon which the licensee may affix his or her signature.
    2. The licensee shall affix his or her signature in ink in the space provided, and no license shall be valid until it shall have been so signed by the licensee.
    3. 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 secretary.
      1. The office may offer an applicant with a valid Arkansas driver's license an additional option to view a digital copy of his or her driver's license on a mobile device or personal computer upon payment of ten dollars ($10.00).
      2. The digital copy of the driver's license shall be available for view at any time until the expiration of the driver's license issued under subdivision (a)(1) of this section.
      1. All licenses, as described in subsection (a) of this section, shall include a color photograph of the licensee, and the photograph shall be made a part of the license at the time of application.
        1. 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.
        2. If the licensee is 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.
    1. 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.
      1. If a licensee has an illness that causes hair loss or is undergoing treatment for an illness that causes hair loss, the office shall give the licensee the option to use the photograph from the most recent driver's license on file with the office instead of having a new photograph taken if the licensee establishes that his or her hair loss is related to that illness or treatment.
      2. To establish the relationship between the licensee's illness or treatment and the resulting hair loss, the licensee shall provide a statement from his or her treating physician.
      3. This option can only be provided for one (1) renewal of the license to prevent obsolete photographs from being used.
    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. The penalty shall be in addition to any other penalty that may be prescribed by law.
    1. Except as provided in subdivision (d)(2) of this section, all license fees collected under subsection (a) of this section shall be cash funds restricted in their use and shall be deposited into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund.
    2. The fees collected under subdivision (a)(6)(A) of this section shall be deposited into the State Treasury to the credit of the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration to defray the cost of administering a digital copy of a driver's license under subdivision (a)(6) of this section.
    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 two dollars ($2.00) 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 chapter shall be charged the additional fee of one dollar ($1.00).
      1. A person required to have his or her eyesight tested before initial licensing or upon subsequent license renewal as provided for in this chapter shall be charged an additional fee for a license validity period of either:
        1. Four (4) years, in the amount of one dollar ($1.00); or
        2. Eight (8) years, in the amount of two dollars ($2.00).
      2. An eyesight test for an applicant's subsequent license renewal shall be required every:
        1. Eight (8) years if an applicant elects a license validity period of four (4) years; or
        2. Sixteen (16) years if a person elects a license validity period of eight (8) years.
    4. Each learner's license and intermediate driver's license issued shall be distinctive from the regular driver's license issued to a person eighteen (18) years of age or older.
  1. 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 into 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.
    1. In addition to the license fees imposed in subsections (a) and (e) of this section, a fee shall be charged for the issuance or renewal of a Class D, Class M, or Class MD license for a period of either:
      1. Four (4) years, in the amount of six dollars ($6.00); or
      2. Eight (8) years, in the amount of twelve dollars ($12.00).
    2. 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 Division of Arkansas State Police Fund, to be used for the payment of health insurance premiums for uniformed employees of the Division of Arkansas State Police.
    1. As used in this subsection:
      1. “Custody” means:
        1. Being an inmate of the Division of Correction and housed in a facility operated by the Division of Correction; or
        2. Being an inmate of the Division of Community Correction and housed in a detention facility; and
      2. “Eligible person” means a person who:
        1. Is within one hundred eighty (180) days of release from custody; or
        2. Has been released from custody within the previous six (6) months.
      1. The office shall issue an identification card to an eligible person who has previously been issued an:
        1. Arkansas identification card; or
        2. Arkansas driver's license and the driving privileges of the eligible person are suspended or revoked.
      2. The office shall issue a driver's license to an eligible person who has previously been issued an Arkansas driver's license if the driving privileges of the eligible person are:
        1. Not suspended or revoked; or
        2. Suspended or revoked solely as a result of an outstanding driver's license reinstatement fee imposed under the laws of this state.
    2. The Division of Correction and the Division of Community Correction shall identify eligible persons to apply for a replacement or renewal driver's license or identification card.
    3. Any fees for a replacement identification card under § 27-16-805 shall be waived for an eligible person.
    4. If the office issues a driver's license to an eligible person under subdivision (h)(2)(B)(ii) of this section, the office shall waive the reinstatement fee.

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; 2009, No. 483, § 2; 2009, No. 1486, § 1; 2015, No. 343, §§ 1-3; 2015, No. 397, § 1; 2015, No. 856, §§ 8, 9; 2015, No. 895, § 46; 2015, No. 1289, § 1; 2017, No. 448, §§ 27-29; 2017, No. 460, §§ 1-3; 2017, No. 557, §§ 2, 3; 2017, No. 976, § 1; 2017, No. 1012, § 1; 2019, No. 69, § 1; 2019, No. 910, §§ 4651-4657; 2019, No. 1031, § 1.

A.C.R.C. Notes. 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.”

Acts 2015, No. 895, § 1, provided: “Legislative intent. It is the intent of the General Assembly to implement wide-ranging reforms to the criminal justice system in order to address prison overcrowding, promote seamless reentry into society, reduce medical costs incurred by the state and local governments, aid law enforcement agencies in fighting crime and keeping the peace, and to enhance public safety.”

Amendments. The 2009 amendment by No. 483 redesignated (a)(1), and made minor stylistic changes.

The 2009 amendment by No. 1486, in (b), subdivided (b)(1), inserted (b)(3), and made a minor stylistic change.

The 2015 amendment by No. 343, in (a)(1)(A), substituted “eight (8)” for “four (4)” and “twenty-four dollars ($24.00)” for “twelve dollars ($12.00)”; substituted “two dollars ($2.00)” for “one dollar ($1.00)” in (e)(2); substituted “two dollars ($2.00)” for “one dollar ($1.00)” in (e)(4); and substituted “twelve dollars ($12.00)” for “six dollars ($6.00)” in (h)(1).

The 2015 amendment by No. 397 inserted (a)(2)(B)(iii).

The 2015 amendment by No. 856 rewrote (d); and deleted (g).

The 2015 amendment by No. 895 added (i).

The 2015 amendment by No. 1289 rewrote (a)(1)(C)(i).

The 2017 amendment by No. 448 substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in the introductory language of (a)(1); and substituted “director” for “commissioner” in (a)(2)(B), (a)(5), and (b)(2).

The 2017 amendment by No. 460 redesignated former (a)(1) as (a)(1)(A); added “Except as provided in subdivision (a)(1)(B) of this section” in (a)(1)(A)(i); added (a)(1)(B); and rewrote (e)(4) and (g)(1).

The 2017 amendment by No. 557 added (a)(6); redesignated former (d) as (d)(1); added “Except as provided in subdivision (d)(2) of this section” in (d)(1); and added (d)(2).

The 2017 amendment by No. 976 inserted “or a public defender” in (a)(3)(B)(iii).

The 2017 amendment by No. 1012 redesignated (h)(1) as the introductory language of (h)(1) and (h)(1)(B); added (h)(1)(A); and substituted “one hundred eighty (180) days” for “one hundred twenty (120) days” in (h)(1)(B).

The 2019 amendment by No. 69, rewrote (h)(1)(B); and substituted “person” for “inmate” throughout (h)(2) through (h)(5).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1)(A); substituted “secretary” for “director” in (a)(5); substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (d)(1) and twice in (g)(2); and, throughout (h), substituted “Division of Correction” for “Department of Correction” and “Division of Community Correction” for “Department of Community Correction”.

The 2019 amendment by No. 1031 rewrote (e)(4).

Cross References. Motorcycle operator's license, § 27-20-107.

Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq.

Effective Dates. Acts 2015, No. 343, § 5: Jan. 1, 2016.

Acts 2015, No. 895, § 48(b): Jan. 1, 2016. Effective date clause provided: “Sections 46 and 47 of this act are effective on and after January 1, 2016.”

Acts 2017, No. 460, § 4: Nov. 13, 2017.

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.

27-16-802. Instruction permits.

    1. Any person who is at least fourteen (14) years of age may apply to the Division of Arkansas State Police for an instruction permit.
      1. After the applicant has successfully passed the written examination, the division may, in its discretion, issue to the applicant an instruction permit which shall entitle the applicant while having the permit in his or her immediate possession to drive a motor vehicle upon the public highways for a period of twelve (12) months when accompanied by a licensed driver who is at least twenty-one (21) years of age and who is occupying a seat beside the driver, except in the event that the permittee is operating a motorcycle.
      2. Six (6) months after an instruction permit is issued under subdivision (a)(2)(A) of this section, a driver who is at least sixteen (16) years of age and has passed the driving test is no longer subject to the driving restrictions under subdivision (a)(2)(A) of this section.
      3. A passing score on the written examination required under subdivision (a)(2)(A) of this section shall be valid for a period of twenty-four (24) months.
    2. Any passengers riding in the motor vehicle while a permittee is driving shall wear seat belts at all times.
    1. The division, upon receiving proper application, in its discretion, may issue a restricted instruction permit effective for a school year or a more restricted permit to an applicant who is enrolled in a driver education program that includes practice driving and that is approved by the division even though the applicant has not reached the legal age to be eligible for a noncommercial license.
    2. The instruction permit shall entitle the permittee when he or she has the permit in his or her immediate possession to operate a motor vehicle only on a designated highway or within a designated area but only when an approved instructor is occupying a seat beside the permittee.

History. Acts 1937, No. 280, § 11; Pope's Dig., § 6835; Acts 1959, No. 307, § 14; A.S.A. 1947, § 75-310; Acts 1993, No. 445, § 20; 1997, No. 478, § 1; 1999, No. 25, § 2; 2001, No. 1694, § 6; 2015, No. 1049, § 1; 2015, No. 1199, §§ 4, 5; 2019, No. 617, § 2.

A.C.R.C. Notes. Acts 2001, No. 1694, § 9, provided: “This act shall be effective July 1, 2002.”

Acts 2015, No. 1199, § 1, provided: “Title. This act shall be known and may be cited as the ‘Arkansas Teen Driver and Parental Education Act of 2015’.”

Acts 2015, No. 1199, § 2, provided: “Duties of Department of Arkansas State Police.

“The Department of Arkansas State Police shall:

“(1) Improve its official website in coordination with the Injury Prevention Center at Arkansas Children's Hospital to:

“(A) Become the repository of information regarding the mechanics and procedures for obtaining graduated drivers licenses; and

“(B) Include without limitation:

“(i) A parental checklist of steps needed to obtain a graduated drivers license;

“(ii) Specific information about documents needed to make application for a graduated drivers license; and

“(iii) Specific information regarding the times for the written driving tests and the driving skills tests in each county of the state;

“(2) In coordination with the Injury Prevention Center at Arkansas Children's Hospital, distribute information electronically, virtually, and through literature about the graduated drivers license application and procedures to:

“(A) Secondary schools throughout the state; and

“(B) Parents of prospective drivers;

“(3) Update the drivers manual in coordination with the Injury Prevention Center at Arkansas Children's Hospital; and

“(4)(A) File a report with the cochairs of the Legislative Council and the Director of the Bureau of Legislative Research within one hundred eighty (180) days of the effective date of this act.

“(B) The report shall include:

“(i) A detailed description of all steps taken to comply with this section; and

“(ii) Recommendations to improve drivers licensing practices and procedures, driver education, and driver safety in this state.”

Publisher's Notes. Prior to the 2001 amendment, subdivision (a)(2) contained the phrase “eighteen (18) years of age or older” after the phrase “accompanied by a licensed driver.” The omitted language was neither set out in nor specifically deleted from Acts 2001, No. 1694, § 6.

Amendments. The 2015 amendment by No. 1049 substituted “twelve (12) months” for “six (6) months” in (a)(2); deleted (a)(3); and redesignated former (a)(4) as (a)(3).

The 2015 amendment by No. 1199 substituted “Department of Arkansas State Police” for “Office of Driver Services” in (a)(1); added designation (a)(2)(A); in (a)(2)(A), substituted “department” for “office” and “twelve (12) months” for “six (6) months”; added (a)(2)(B); deleted (a)(3) and redesignated former (a)(4) as (a)(3); and made stylistic changes.

The 2019 amendment substituted “the written examination” for “all parts of the examination other than the driving test” in (a)(2)(A); deleted “all parts of the written examination and” following “passed” in (a)(2)(B); and added (a)(2)(C).

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Cited: Boyd v. Connell, 293 Ark. 531, 739 S.W.2d 536 (1987).

27-16-803. [Repealed.]

Publisher's Notes. This section, concerning temporary permits, was repealed by Acts 2009, No. 456, § 4. The section was derived from Acts 1937, No. 280, § 11; Pope's Dig., § 6835; Acts 1959, No. 307, § 14; 1983, No. 514, § 1; A.S.A. 1947, § 75-310; Acts 1989, No. 707, §§ 1, 2; 1993, No. 445, § 21.

27-16-804. Restricted licenses, learner's licenses, and intermediate licenses — Definitions.

  1. The Office of Driver Services, upon issuing any driver's license, shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the office may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
    1. The office may either issue a special restricted license or may set forth restrictions upon the usual license form.
        1. Upon the showing of need, the office may waive any age restriction set forth in this chapter.
        2. However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section.
        1. A license shall be issued only to an applicant with a valid instruction permit or learner's license who:
          1. Is at least fourteen (14) years of age; and
          2. Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months.
        2. A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the vehicle wears his or her seat belts.
        3. The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), “emergency purpose” means the driver:
          1. Has reason to fear for his or her life, safety, or property;
          2. Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or
          3. Is reporting:
            1. A fire;
            2. A traffic accident;
            3. A serious road hazard;
            4. A medical emergency;
            5. A hazardous materials emergency;
            6. Another driver who is recklessly, carelessly, or unsafely driving; or
            7. Another driver who appears to be driving under the influence of drugs or alcohol.
        4. A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, “unrelated minor passenger” means a passenger who is under twenty-one (21) years of age and who is not:
          1. A sibling of the driver;
          2. A step-sibling of the driver; or
          3. A child who resides in the same household as the driver.
        5. The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is:
          1. Accompanied by a licensed driver who is twenty-one (21) years of age or older;
          2. Driving to or from a school activity, church-related activity, or job; or
          3. Driving due to an emergency.
      1. The waiver of the age restrictions for need is subject to review upon a complaint from certain officials under subsection (d) of this section.
  2. All licensees who have a tested uncorrected visual acuity of less than 20/40 shall be restricted to the operation of a motor vehicle, motorcycle, or motor-driven cycle only while they are wearing corrective lenses. No person shall be allowed to operate a motor vehicle, motorcycle, or a motor-driven cycle if he or she has a tested corrected visual acuity of less than 20/70 or if he or she has a field of vision less than one hundred forty degrees (140°) with two (2) functioning eyes or less than one hundred five degrees (105°) with one (1) functioning eye.
    1. The office may, upon receiving satisfactory evidence of any violation of the restrictions of a license, suspend or revoke the license, but the licensees shall be entitled to a hearing as upon a suspension or revocation under this chapter.
      1. Upon receiving a complaint from a prosecuting attorney, a city attorney, or a certified law enforcement officer, the office shall review the validity of any waiver of age restrictions based on need and any violations of restrictions placed on a license.
      2. The licensee is entitled to a hearing, which the complaining official may attend, to review the need of the waiver or any violations of the restrictions of the license.
      3. The office shall suspend or revoke the waiver if there is evidence that the need for the waiver has changed or is no longer valid or that the licensee violated any of the restrictions of the license.
  3. It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her.
    1. The office shall have authority to issue a restricted driver's license, to be known as a “learner's license”, to those persons under sixteen (16) years of age.
    2. The learner's license shall be issued only to an applicant with a valid instruction permit who is at least fourteen (14) years of age, who has remained free of a serious accident and conviction of a serious traffic violation in the previous six (6) months, and who meets all other licensing examinations requirements of this chapter.
    3. The driver with a learner's license shall operate the motor vehicle on the public streets and highways only when:
      1. All passengers in the vehicle are wearing their seat belts at all times; and
      2. The driver with a learner's license is being accompanied by a driver over twenty-one (21) years of age.
      1. A driver with a learner's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose.
      2. As used in this subdivision (f)(4), “emergency purpose” means the driver:
        1. Has reason to fear for his or her life, safety, or property;
        2. Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or
        3. Is reporting:
          1. A fire;
          2. A traffic accident;
          3. A serious road hazard;
          4. A medical emergency;
          5. A hazardous materials emergency;
          6. Another driver who is recklessly, carelessly, or unsafely driving; or
          7. Another driver who appears to be driving under the influence of drugs or alcohol.
      3. This subdivision (f)(4) is not retroactive and applies only to a person who:
        1. Applies for a learner's license after July 1, 2002; and
        2. Is issued a learner's license after July 1, 2002.
      1. The office shall have authority to issue to those persons under eighteen (18) years of age a restricted driver's license to be known as an “intermediate driver's license”.
      2. The intermediate driver's license shall be issued only to an applicant with a valid instruction permit or a learner's license who is at least sixteen (16) years of age, who has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months, and who meets all other licensing examination requirements of this chapter.
      3. The driver with an intermediate driver's license shall operate the motor vehicle on the public streets and highways only when all passengers in the vehicle are wearing their seat belts.
        1. A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose.
        2. As used in this subdivision (g)(1)(D), “emergency purpose” means the driver:
          1. Has reason to fear for his or her life, safety, or property;
          2. Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or
          3. Is reporting:
            1. A fire;
            2. A traffic accident;
            3. A serious road hazard;
            4. A medical emergency;
            5. A hazardous materials emergency;
            6. Another driver who is recklessly, carelessly, or unsafely driving; or
            7. Another driver who appears to be driving under the influence of drugs or alcohol.
        1. A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle.
        2. As used in this section, “unrelated minor passenger” means a passenger who is under twenty-one (21) years of age and who is not:
          1. A sibling of the driver;
          2. A step-sibling of the driver; or
          3. A child who resides in the same household as the driver.
      4. A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is:
        1. Accompanied by a licensed driver who is twenty-one (21) years of age or older;
        2. Driving to or from a school activity, church-related activity, or job; or
        3. Driving because of an emergency.
    1. Subdivisions (g)(1)(D)-(F) of this section are not retroactive and apply only to a person who:
      1. Applies for an intermediate license after July 1, 2002; and
      2. Is issued an intermediate license after July 1, 2002.

History. Acts 1937, No. 280, § 20; Pope's Dig., § 6844; Acts 1969, No. 350, § 1; 1977, No. 863, § 2; A.S.A. 1947, § 75-324; Acts 1989, No. 193, § 4; 1993, No. 445, § 22; 1997, No. 478, § 2; 2001, No. 1694, § 7; 2003, No. 268, §§ 1, 2; 2009, No. 308, §§ 1, 4; 2009, No. 394, §§ 1–3; 2009, No. 807, § 1; 2015, No. 696, § 3.

A.C.R.C. Notes. Acts 2009, No. 308, § 1, provided:

“Legislative findings. The General Assembly finds:

“(1) In 2007, five hundred twenty-five (525) people died while riding in passenger vehicles in Arkansas and sixty-five percent (65%) of those who died were not wearing a seat belt;

“(2) In 2007, sixty-one (61) people died after being ejected from their vehicles during a rollover crash because they were not wearing their seat belts; and

“(3) By adopting a primary seat belt law, Arkansas can expect an increase in the use of seat belts by motorists of approximately twelve percent (12%); and

“(4) Adopting a primary seat belt law could save as many as forty-seven (47) lives each year, prevent approximately five hundred four (504) serious injuries each year, and save an estimated one hundred four million dollars ($104,000,000) in economic costs each year; and

“(5) The adoption of the primary seat belt law will entitle the State of Arkansas to receive approximately nine million five hundred thousand dollars ($9,500,000) in federal grant funds to implement highway safety programs.”

Amendments. The 2009 amendment by No. 308 deleted (h).

The 2009 amendment by No. 394, in (f), substituted “license” for “permit” in (f)(3)(B) and inserted (f)(4); in (g), redesignated (g)(1) and inserted (g)(1)(D), (E), and (F); and deleted (h).

The 2009 amendment by No. 807 rewrote (b)(2).

The 2015 amendment substituted “20/70” for “20/50” in (c).

27-16-805. Identification purposes only.

    1. The Office of Driver Services may issue an identification card to those Arkansas residents five (5) years of age or older who are not licensed drivers.
    2. The fee for the card shall be five dollars ($5.00).
      1. For those persons under sixty (60) years of age, the card shall be valid for either four (4) years or two (2) years, depending on the person's age, and is renewable upon expiration.
      2. For persons fourteen (14) years of age and older, the card shall be valid for four (4) years from the date of issue.
        1. For persons five (5) to thirteen (13) years of age, the card shall be valid for two (2) years from the date of issue, and a parent, legal guardian, grandparent, or sibling over eighteen (18) years of age must accompany the applicant to the issuing location and sign the electronic application.
          1. For persons issued a card under this subdivision (b)(1)(C), up to three (3) cards may be issued at the request of a parent, legal guardian, grandparent, or sibling over eighteen (18) years of age.
          2. The request for more than one (1) card shall be made on the date the initial identification card is issued.
          3. The fee for each card shall be five dollars ($5.00).
    1. Those persons who are sixty (60) years of age or older who qualify for this card shall be issued the card to be valid for the life of the holder.
  1. Each card shall contain:
    1. A color photograph of the applicant;
    2. A physical description;
    3. The birthdate;
    4. The address;
    5. The date of issue; and
    6. The expiration date.
    1. Any person who applies for a card shall be required to show proof of identity.
    2. Refusal of an applicant to show proof shall result in denial of the application.

History. Acts 1937, No. 280, § 21; 1977, No. 311, § 2; 1985, No. 1039, § 1; A.S.A. 1947, § 75-325; Acts 1989, No. 385, § 1; 2003, No. 211, § 1; 2011, No. 193, § 1; 2013, No. 986, § 1.

Amendments. The 2011 amendment inserted “grandparent, or sibling over eighteen (18) years of age” in (b)(1)(C).

The 2013 amendment inserted the (b)(1)(C)(i) designation, and added (b)(1)(C)(ii).

27-16-806. Duplicates or substitutes.

  1. In the event that an instruction permit or driver's license issued under the provisions of this chapter is lost or destroyed, the person to whom it was issued may obtain a duplicate or substitute upon payment of five dollars ($5.00) and upon furnishing proof satisfactory to the Office of Driver Services that the permit or license has been lost or destroyed.
  2. Moneys collected under the provisions of this section shall be deposited into 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 color photograph driver license program, which shall be payable therefrom.
  3. In addition to the fee imposed in subsection (a) of this section, an additional fee of five dollars ($5.00) shall be collected and deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
  4. When a duplicate driver's license is issued at the end of a period of license suspension pursuant to § 27-16-911, the fees imposed in subsections (a) and (c) of this section shall be collected and deposited in accordance with this section.

History. Acts 1937, No. 280, § 21; Pope's Dig., § 6845; Acts 1977, No. 311, § 2; A.S.A. 1947, § 75-325; Acts 1989, No. 385, § 2; 1993, No. 445, § 23; 2003, No. 1001, § 2; 2015, No. 176, § 1.

Amendments. The 2015 amendment added (d).

27-16-807. Issuance to nonresident and military licensees.

    1. A person sixteen (16) years of age or older who shall present to the Office of Driver Services, or an authorized agent thereof, a valid driver's license issued to the person by another state or by a branch of the armed services of the United States that is currently valid or that expired not more than thirty-one (31) days prior to the date presented shall be issued an Arkansas driver's license if he or she:
      1. Surrenders the license to the office;
      2. Pays the license fee prescribed in § 27-16-801(a);
      3. Pays the other fees required by § 27-16-801(e);
      4. Pays a transfer fee of five dollars ($5.00); and
      5. Is tested and passes the minimum requirements of the eyesight test prescribed in this chapter.
    2. A person sixteen (16) years of age or older who shall present to the office a driver's license issued to the person by another state or by a branch of the United States Armed Forces that expired more than thirty-one (31) days prior to the date presented shall be issued an Arkansas driver's license if he or she:
      1. Is the spouse of a member of the military who was living outside of the United States due to a military duty assignment of the person's spouse when the license expired;
      2. Surrenders the license to the office;
      3. Pays the license fee prescribed in § 27-16-801(a);
      4. Pays the other fees required by § 27-16-801(e);
      5. Pays a transfer fee of five dollars ($5.00); and
      6. Is tested and passes the minimum requirements of the eyesight test prescribed in this chapter.
  1. The five dollar ($5.00) transfer fee is to be paid in lieu of the fees prescribed by § 27-16-801(a)(1)(C), but shall be collected and deposited in the same manner as prescribed by § 27-16-801(d).

History. Acts 1963, No. 147, § 1; A.S.A. 1947, § 75-352; Acts 1989, No. 193, § 5; 1995, No. 413, § 1; 2005, No. 235, § 1.

27-16-808. Reinstatement charge — Definitions.

  1. The Office of Driver Services shall charge a fee to be calculated as provided under subsection (c) of this section for reinstating a driver's license suspended because of a conviction for any violation or offense.
  2. All proceeds remitted to the office under this section shall be deposited as follows:
    1. Twenty-five percent (25%) to the State Police Retirement Fund; and
    2. Seventy-five percent (75%) to the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
    1. The reinstatement fee under this section shall be calculated by multiplying one hundred dollars ($100) by each separate occurrence of offenses under any other provision of the law resulting in:
      1. A court order directing the office to suspend the driving privileges of the person; or
      2. The office's entering a suspension order.
      1. If a person's driving privileges are suspended or revoked solely as a result of outstanding driver's license reinstatement fees imposed under the laws of this state, the office shall permit the person to pay only one (1) reinstatement fee of one hundred dollars ($100) to cover all administrative orders to suspend, revoke, or cancel a driver's license for a person ordered to pay a reinstatement fee under § 27-16-508(a)(1) or subdivision (c)(1) of this section if a district court or circuit court verifies to the office that the person has:
        1. Paid all other court costs, fines, and fees associated with the criminal offense that led to his or her driver's license suspension;
        2. Graduated from a specialty court program; and
        3. Provided the sentencing court with a reinstatement letter from the Department of Finance and Administration showing all outstanding suspension or revocation orders.
      2. Subdivision (c)(2)(A) of this section does not apply to:
        1. A reinstatement fee ordered under this section, § 5-65-119, § 5-65-304, or § 5-65-310; or
        2. A fee ordered to reinstate commercial driving privileges.
    2. A person may not avail himself or herself of the provisions of subdivision (c)(2) of this section more than one (1) time.
    3. Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section shall be set off against a taxpayer's state income tax refund.
    4. A court may only verify the completion of the requirements under subdivision (c)(2)(A) of this section to the office for a suspension or revocation that occurred as a result of a conviction or other action taken in that particular court or jurisdiction.
  3. As used in this section:
    1. “Occurrence” means each separate calendar date when an offense or offenses take place; and
    2. “Specialty court program” means a specialty court program as authorized by the Supreme Court under § 16-10-139.

History. Acts 1995, No. 730, § 1; 2003, No. 1001, § 3; 2005, No. 1992, § 3; 2015, No. 1193, § 3; 2017, No. 915, § 3; 2019, No. 803, § 5; 2019, No. 910, § 6039; 2019, No. 992, § 2.

A.C.R.C. Notes. Acts 2015, No. 1193, § 4, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare a report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time the act is effective.

“(b) The department shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1, 2016.”

Acts 2017, No. 915, § 4, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare an annual report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time this act is effective.

“(b) The Department of Finance and Administration shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1 of each year while the act is in effect.”

Acts 2019, No. 992, § 3, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare an annual report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time this act is effective.

“(b) The Department of Finance and Administration shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1 of each year”.

The amendment of this section by Acts 2019, No. 992, supersedes the amendment by Acts 2019, No. 803. Acts 2019, No. 803, amended the version of § 27-15-808(c) effective after January 15, 2019, to insert a new subdivision (c)(3) and redesignate former (c)(3) as (d), as follows:

“(c)(1) The reinstatement fee under this section shall be calculated by multiplying one hundred dollars ($100) by each separate occurrence of offenses under any other provision of the law resulting in:

“(A) A court order directing the office to suspend the driving privileges of the person; or

“(B) The office's entering a suspension order.

“(2) The fee under this section is supplemental to and in addition to any fee imposed under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-508.

“(3) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.

“(d) As used in this section, ‘occurrence’ means each separate calendar date when an offense or offenses take place.”

Amendments. The 2015 amendment redesignated former (c)(1) through (c)(3) as present (c)(1)(A) through (c)(1)(C); and added present (c)(2) through (c)(4).

The 2017 amendment redesignated former (c)(1) and (2) as (c)(1)(A) and (B); added present (c)(2) through (c)(4); redesignated former (c)(3) as the introductory language of (d) and (d)(1); and added (d)(2).

The 2019 amendment by No. 803 inserted (c)(3) and redesignated former (c)(3) as (d).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police Fund” for “Department of Arkansas State Police Fund” in (b)(2).

The 2019 amendment by No. 992 added “Definitions” in the section heading; substituted “under this section” for “pursuant to the provisions of this section” in the introductory language of (b); deleted former (c)(2) and (c)(3); and added present (c)(2) through (c)(5) and (d).

Effective Dates. Acts 2015, No. 1193, § 3: Jan. 1, 2016, until June 30, 2016.

Acts 2017, No. 915, § 3: Sept. 1, 2017, until Jan. 15, 2019.

27-16-809. Reciprocal recognition of foreign licenses.

The Department of Finance and Administration is authorized to enter into driver license agreements or other cooperative arrangements with foreign countries for the reciprocal recognition of driver's licenses.

History. Acts 1997, No. 1100, § 1.

27-16-810. [Repealed.]

Publisher's Notes. This section, concerning voluntary contributions to organ donor awareness education trust fund, was repealed by Acts 2005, No. 896, § 1. The section was derived from Acts 2003, No. 1362, § 3[6].

27-16-811. Exception to disclosing residence address — Address confidentiality program — Definition.

  1. As used in this section, “licensee” means a person who is applying for, renewing, or requesting a change to his or her driver's license issued or to be issued under this chapter and who is:
    1. The victim of domestic violence; or
    2. The dependent of a victim of domestic violence.
  2. A licensee shall qualify for the exception for disclosing a residence address under this section if he or she:
    1. Presents a valid order of protection issued under the Domestic Abuse Act of 1991, § 9-15-101 et seq.;
    2. Presents an affidavit in which the licensee states that he or she:
      1. Is a victim of domestic violence, or is the dependent of a victim of domestic violence; or
      2. Fears further acts of domestic violence, or resides with the victim of domestic violence and fears further acts of domestic violence against his or her parent, custodian, or guardian; and
    3. Agrees to the terms of participation in the address confidentiality program.
    1. A licensee who participates in the address confidentiality program under this section shall be issued a driver's license that discloses a post office box address in lieu of his or her residence address.
      1. The licensee shall provide to the Department of Finance and Administration his or her residence address, which shall be kept on file with the department for as long as the licensee holds a license that displays a post office box in lieu of a residence address.
      2. The licensee shall update his or her residence address and post office box address with the department if a change occurs.
      1. The department shall only disclose the residence address to a person who:
        1. Presents a compelling reason for access to the residence address in an affidavit;
        2. Presents valid identification to the department; and
        3. Is not a person against whom the order of protection has been entered or who is related by blood or marriage to the person against whom the order of protection has been entered.
      2. The department shall maintain a record of each and every person to whom the department discloses the residence address.
      3. The department shall provide written notice to the licensee that advises him or her of a disclosure to a third party.
        1. The department shall accept complaints from the licensee if the licensee objects to the disclosure to a third party.
        2. The department shall refer a complaint to the prosecuting attorney for prosecution for perjury or another offense relating to judicial or other official proceedings under § 5-53-101 et seq. related to a false compelling reason stated in an affidavit under subdivision (c)(3)(A)(i) of this section.
  3. The Secretary of the Department of Finance and Administration shall promulgate rules and forms to administer the address confidentiality program under this section.

History. Acts 2005, No. 1233, § 1; 2019, No. 910, § 4658.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d).

27-16-812. Veteran designation.

    1. A person may apply to the Office of Driver Services to obtain a veteran designation on a driver's license or identification card issued under this subchapter by providing:
      1. A military discharge document that shows a discharge status of “honorable” or “general under honorable conditions” and establishes the person's service in the United States Armed Forces, including without limitation a:
        1. United States Department of Defense DD Form 214 Certificate of Release or Discharge from Active Duty;
        2. National Guard Bureau NGB Form 22 Report of Separation and Record of Service;
        3. Veteran Identification Card issued by the United States Department of Veterans Affairs;
        4. United States Department of Defense Form DD 256;
        5. United States Department of Defense Form DD 257;
        6. United States Department of Defense Form DD 2, Retired; or
        7. United States Department of Defense Form DD 2, Reserve Retired; and
      2. Payment of the fee for the driver's license or identification card authorized under this chapter.
    2. If the person is seeking a duplicate or substitute driver's license with the veteran designation and his or her driver's license has not expired, the fee shall be as provided under § 27-16-806.
  1. The Office of Driver Services may:
    1. Determine the appropriate placement of the veteran designation on the driver's licenses and identification cards authorized under this section; and
    2. Promulgate the necessary rules for the administration of this section.

History. Acts 2011, No. 12, § 2; 2019, No. 66, § 1.

A.C.R.C. Notes. Acts 2011, No. 12, § 1, provided: “This act shall be known and may be cited as the ‘Nick Bacon Remembrance Act’.”

Amendments. The 2019 amendment, in the introductory language of (a)(1)(A), substituted “military discharge document” for “Department of Defense discharge document, otherwise known as a DD Form 214”, substituted “and” for “that”, and added “including without limitation a”; and added (a)(1)(i) through (a)(1)(vii).

27-16-813. Medical exemption designation for seat belt use.

    1. A person may apply to the Office of Driver Services to obtain a medical exemption designation for seat belt use on a driver's license or identification card issued under this subchapter by providing:
      1. Documentation from a physician as provided under § 27-37-702(b)(2); and
      2. Payment of the fee for the driver's license or identification card authorized under this chapter.
    2. If the person seeks a duplicate or substitute driver's license with the medical exemption designation and his or her driver's license has not expired, the fee shall be as provided under § 27-16-806.
  1. The office may:
    1. Determine the appropriate placement of the medical exemption designation on a driver's license or identification card authorized under this section; and
    2. Promulgate the necessary rules for the administration of this section.
  2. This section does not require a person who has a medical condition that contraindicates the use of a seat belt under § 27-37-702(b)(2) to obtain a driver's license or identification card under this section with a medical exemption designation.

History. Acts 2011, No. 601, § 1.

27-16-814. Living will designation.

    1. A person may apply to the Office of Driver Services to obtain a living will designation on a driver's license or identification card issued under this subchapter by providing:
      1. A signed form stating that he or she has executed a living will; and
      2. Payment of the fee for the driver's license or identification card authorized under this chapter.
    2. If the person seeks a duplicate or substitute driver's license with the living will designation and his or her driver's license has not expired, the fee shall be as provided under § 27-16-806.
  1. The office may:
    1. Determine the appropriate placement of the living will designation on a driver's license or identification card authorized under this section; and
    2. Promulgate the necessary rules for the administration of this section.
  2. This section does not require a person to have a living will or to have a living will designation on his or her driver's license.

History. Acts 2011, No. 729, § 1.

27-16-815. Communication impediment designation and decal.

    1. A person, or the parent or guardian of a person, who meets the requirements of this section may apply to the Office of Driver Services for a communication impediment designation on the driver's license or identification card of the person by providing:
      1. Documentation from a physician that the person meets the requirements of this section; and
      2. Payment of the fee for the driver's license or identification card authorized under this chapter.
    2. If the person seeks a duplicate or substitute driver's license or identification card with the communication impediment designation and his or her driver's license or identification card has not expired, the fee shall be as provided under § 27-16-806.
    1. A person who qualifies for the issuance of a communication impediment designation, or his or her parent or guardian, may purchase a communication impediment decal for his or her license plate for a fee of one dollar ($1.00).
    2. The Department of Finance and Administration shall design a decal to indicate that a person present in a motor vehicle displaying a license plate with a communication impediment decal under subdivision (b)(1) of this section has a medical condition that may impede his or her ability to communicate.
    3. The fee of one dollar ($1.00) authorized by subdivision (b)(1) of this section shall be used by the department to defray the cost of administering this section.
  1. The purpose of the communication impediment designation and decal is to facilitate communication during an encounter between a law enforcement officer, an emergency medical service provider, or a firefighter and a person present in a motor vehicle who has a medical condition that may impede his or her ability to communicate, including without limitation the following medical conditions:
    1. Alzheimer's disease;
    2. Autism spectrum disorders; or
    3. Down syndrome.
  2. The office may:
    1. Determine the appropriate placement of the communication impediment designation on a driver's license or identification card authorized under this section; and
    2. Promulgate the necessary rules for the administration of this section.
  3. This section does not require a person who has a communication impediment to obtain a driver's license or identification card with a communication impediment designation.

History. Acts 2017, No. 366, § 1.

Effective Dates. Acts 2017, No. 366, § 2: Nov. 13, 2017.

27-16-816. Probationer and parolee restricted permits.

    1. If a person is on probation or parole, or is within ninety (90) days of release on probation or parole, for an offense that did not involve the operation of a motor vehicle and he or she has his or her license suspended for a reason not listed under § 27-16-915(b)(2)(C), the person may be eligible for a restricted driving permit under this section that permits the holder to drive a motor vehicle directly to and directly home from:
      1. A place where he or she is employed;
      2. A place where he or she, or his or her minor child, attends school;
      3. A scheduled meeting with his or her probation or parole officer; or
      4. Any place, location, or meeting that the person's probation or parole officer has directed the person on probation or parole to travel to or attend.
    2. This section does not apply to a person with an expired driver's license.
      1. The application for a restricted driving permit under this section by a person on probation or parole may be submitted electronically to the Department of Finance and Administration by a probation or parole officer employed by the Division of Community Correction.
      2. The department shall determine whether the restricted driving permit that allows a person on probation or parole to drive a motor vehicle to and from a place listed under subsection (a) of this section shall be issued.
      1. A restricted driving permit issued under this section shall be a standardized permit, and the person possessing a restricted driving permit under this section shall have the restricted driving permit in his or her possession at all times when the person is operating a motor vehicle until the person's driver's license is no longer suspended.
        1. A restricted driving permit shall include the address of the person's residence and the address of each location to and from where the person is permitted to drive under this section.
        2. The person's name and address on a restricted driving permit under this section shall match the person's name and address as listed on a valid state-issued identification in the person's possession.
    1. The department may revoke a restricted driving permit under this section at any time and for any reason.
  1. A person who knowingly creates a fraudulent restricted driving permit, the purpose of which is to be used as a restricted driving permit under this section upon conviction is guilty of a Class A misdemeanor.
  2. A motor vehicle liability insurance carrier may provide liability insurance for a person issued a restricted driving permit under this section but is not required to issue an insurance policy for a person who has been issued a restricted driving permit under this section.
    1. A person on probation or parole who has been issued a restricted driving permit under this section shall continue to have his or her driver's license suspended until the person has satisfied all the requirements necessary to remove his or her driver's license from suspension.
    2. Once the person on probation or parole has his or her driver's license removed from suspension, he or she shall be free from the restrictions placed on him or her under this section.
  3. A restricted driving permit issued under this section expires on the date on which the person is released from probation or parole supervision.
  4. The division and the department may promulgate rules to implement this section.

History. Acts 2017, No. 1012, § 2; 2019, No. 69, § 2.

Amendments. The 2019 amendment, in the introductory language of (a)(1), substituted “person is” for “person”, inserted “or is within ninety (90) days of release on probation or parole”, and inserted “and he or she”.

Subchapter 9 — Expiration, Cancellation, Revocation, or Suspension

Effective Dates. Acts 1969, No. 298, § 3: Mar. 21, 1969. Emergency clause provided: “It has been determined that servicemen returning to civilian status have been required to make application for a new driver's license because their previous license had expired while on active duty. In order to allow ex-servicemen to take immediate advantage of this act, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1983, No. 549, § 19: Mar. 21, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that the act of driving a motor vehicle while under the influence of intoxicating alcoholic beverages or drugs constitutes a serious and immediate threat to the safety of all citizens of this State, and that the increasing the penalty for this dangerous conduct may serve as a deterrent to such behavior. Further, it is found that increased income derived from the levying of such penalties can best be utilized to provide immediate alcohol and drug safety and rehabilitation and treatment programs both to prevent an increase in the use of intoxicating alcoholic beverages and drugs and to rehabilitate persons convicted of related offenses. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 976, § 6: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that hearings conducted by the Office of Driver Services should not be subject to the Arkansas Administrative Procedure Act and furthermore that a uniform method should be adopted for appeals from the decisions rendered by the Office of Driver Services concerning the denial, suspension, revocation or posting of security by a licensee or other interested party. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, this Act shall be in effect from the date of its passage and approval.”

Acts 1989, No. 193, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh Arkansas General Assembly that Arkansas does not currently have any specific standards for testing the eyesight of motor vehicle and motorcycle operators; that after the initial eyesight test of an applicant for a motor vehicle or motorcycle operator's license, Arkansas does not require on renewal of the license any subsequent examination of any driver's eyesight; and therefore all drivers on the public streets and highways are endangered since many drivers with less than adequate visual acuity are able to receive or renew their motor vehicle or motorcycle operator's license. Further, it is found and determined that Arkansas driver's licenses can be renewed for a two year period or for a four year period; that this dual option for renewal of driver's licenses requires an excessive amount of administrative resources and therefore the renewal period for Arkansas driver's licenses should be limited to a single four year period for all drivers. In order to prevent any further endangerment of the driving public and to reduce the administrative cost of issuing driver's licenses, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force from and after July 1, 1989.”

Acts 1989 (3rd Ex. Sess.), No. 93, § 6: Nov. 17, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that additional enforcement mechanisms are urgently needed to deter persons under 18 years of age from illegally using or dealing in drugs; that this Act provides an additional enforcement mechanism; and that this Act should go into effect immediately in order to grant law enforcement officers and courts greater flexibility in dealing with the illegal use and sale of drugs. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1109, § 7: Apr. 9, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that federal mandates require the loss of federal highway funds without implementation of a system of suspending the drivers' licenses of persons convicted of drug offenses and that additional enforcement mechanisms are urgently needed to deter persons illegally using or dealing in drugs; that this act will provide that additional enforcement mechanism; and that this act should go into effect immediately in order to meet the requirements of the federal law and to grant law enforcement officers and courts greater flexibility in dealing with the illegal use and sale of drugs. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1257, § 11: Apr. 20, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that federal mandates require the loss of federal highway funds without implementation of a system of suspending the driving privileges of persons holding such privileges granted by this State and found guilty of certain drug offenses, whether such finding occurred in this state or out-of-state, and that additional enforcement provisions are urgently needed to deter persons illegally using or dealing in drugs; that this Act will provide that additional enforcement mechanism; and that this Act should go into effect immediately in order to meet the requirements of the federal law and to grant law enforcement officers and courts greater flexibility in dealing with the illegal use and sale of drugs. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 483, § 5: Feb. 28, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the statutory provisions of the driver's licensing laws, as they pertain to the authority of the Arkansas Department of Finance and Administration, Office of Driver Services, to suspend or revoke the original license of a licensee who is found in possession of an invalid license, or who has caused or assisted in obtaining issuance of an invalid license, lack clarity and have resulted in confusion and uncertainty in the trial courts of this state; that such confusion and uncertainty has impeded the proper administration of these licensing laws in a uniform and consistent manner; and that the immediate implementation of this act is necessary to eliminate such uncertainty and confusion and to reconfirm the authority of the Arkansas Department of Finance and Administration to act upon the original license of a licensee who is found in possession of an invalid license, or who causes or assists in the issuance of an invalid license. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2001, No. 1694, § 9: July 1, 2002.

Acts 2015, No. 343, § 5: Jan. 1, 2016.

Acts 2017, No. 131, § 2: Nov. 13, 2017.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

A.L.R.

Legislation authorizing revocation or suspension of operator's license for “habitual,” “persistent,” or “frequent” violations of traffic regulations. 48 A.L.R.4th 367.

27-16-901. Expiration and renewal of licenses.

      1. Except for the intermediate driver's license and the learner's license, every driver's license shall expire at the end of the month in which it was issued eight (8) years from its date of initial issuance unless the Secretary of the Department of Finance and Administration provides by rule for some other staggered basis of expiration.
        1. A learner's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching sixteen (16) years of age.
        2. Any person sixteen (16) years of age may apply for an intermediate driver's license, provided that his or her driving record is free of a serious accident and conviction of a serious traffic violation for the most recent six-month period.
      2. An intermediate driver's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching eighteen (18) years of age and may be renewed at that time or within thirty (30) days following the expiration date of the intermediate driver's license as a regular driver's license for eight (8) years, so long as the intermediate driver has been free of a serious accident and conviction of a serious traffic violation for at least twelve (12) months before arriving at his or her eighteenth birthday.
      1. The secretary may by rule shorten or lengthen the term of any driver's license period, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year.
        1. All drivers' licenses subject to change under this subsection shall also be subject to a pro rata adjustment of the license fee charged in § 27-16-801(a).
        2. The adjustment of the fee shall be carried out in the manner determined by the secretary by rule.
  1. Every driver's license shall be renewable on or before its expiration upon completion of an application, payment of the fees designated in § 27-16-801, and passage of the eyesight test required in § 27-16-704 and shall be renewed without other examination, unless the secretary has reason to believe that the licensee is no longer qualified to receive a license.

History. Acts 1937, No. 280, § 22; Pope's Dig., § 6846; A.S.A. 1947, § 75-326; Acts 1989, No. 193, § 6; 1993, No. 445, § 24; 2001, No. 1694, § 8; 2015, No. 343, § 4; 2017, No. 448, § 30; 2019, No. 596, § 1; 2019, No. 910, §§ 4659-4662.

Amendments. The 2015 amendment substituted “eight (8)” for “four (4)” in (a)(1)(A) and (a)(1)(C).

The 2017 amendment substituted “Director of the Department of Finance and Administration provides by rule” for “Commissioner of Motor Vehicles shall provide, by regulation” in (a)(1)(A); redesignated (a)(1)(B) as (a)(1)(B)(i) and (ii); substituted “The director may by rule” for “The commissioner shall have the authority, by regulation, to” in (a)(2)(A); substituted “director by rule” for “commissioner by regulation” in (a)(2)(B)(ii); and substituted “director” for “commissioner” in (b).

The 2019 amendment by No. 596 inserted “or within thirty (30) days following the expiration date of the intermediate driver's license” in (a)(1)(C).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1)(A); and substituted “secretary” for “director” in (a)(2)(A), (a)(2)(B)(ii), and (b).

Effective Dates. Acts 2015, No. 343, § 5: Jan. 1, 2016.

27-16-902. Extension of expiration date of licenses for military members — Definition.

  1. As used in this section, “military member” means an active duty member of:
    1. The Air National Guard, including a member on state active duty;
    2. The Army National Guard, including a member on state active duty;
    3. A reserve component of the United States Armed Forces; or
    4. A branch of the United States Armed Forces.
    1. Unless the driver's license is suspended, canceled, or revoked, a driver's license issued by this state to a military member shall not expire while the military member is not residing in this state if the military member applies for an official extension of the expiration date as required by the Office of Driver Services.
    2. A driver's license with an extended expiration date as authorized by this subsection shall remain valid until sixty (60) days after the military member separates or is honorably discharged from active duty military service.
  2. The Secretary of the Department of Finance and Administration may promulgate rules necessary for compliance with this section.

History. Acts 1969, No. 298, § 1; A.S.A. 1947, § 75-358; Acts 2017, No. 131, § 1; 2019, No. 462, § 21; 2019, No. 910, § 4663.

Amendments. The 2017 amendment substituted “members” for “personnel” in the section heading; and rewrote the section.

The 2019 amendment by No. 462 added “including a member on state active duty” in (a)(1) and (a)(2).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

Effective Dates. Acts 2017, No. 131, § 2: Nov. 13, 2017.

27-16-903. Authority to cancel licenses.

      1. The Office of Driver Services is authorized to cancel any driver's license or identification card upon determining that:
        1. The licensee was not entitled to the issuance of the driver's license or identification card under this chapter;
        2. The applicant failed to give the required or correct information in his or her application or committed any fraud in making the application; or
        3. The licensee possessed, used, or created a forged, altered, or fraudulent driver's license.
      2. Upon cancellation of any such license, the office may additionally suspend or revoke any validly issued license of any licensee found in possession of an invalid license or who has caused or assisted in the issuance of an invalid license.
    1. The decision to suspend or revoke the original license of the licensee shall be made in accordance with the provisions of § 27-16-907.
  1. Upon cancellation, the licensee must surrender the license so cancelled.
  2. The office shall not grant an application for a new license to any driver if the driver's previous license was cancelled, suspended, or revoked as a result of a determination that the applicant committed any fraud in making the application until the expiration of one (1) year after the cancellation, suspension, or revocation.

History. Acts 1937, No. 280, § 25; Pope's Dig., § 6849; Acts 1959, No. 307, § 16; A.S.A. 1947, § 75-329; Acts 1993, No. 445, § 25; 1995, No. 483, § 1; 1999, No. 1077, § 1; 2005, No. 879, § 4; 2011, No. 194, § 3.

Amendments. The 2011 amendment substituted “§ 27-16-907” for “§§ 27-16-907 and 27-16-912” in (a)(2).

27-16-904. Death of person signing minor's application.

  1. The Office of Driver Services, upon receipt of satisfactory evidence of the death of the person who signed the application of a minor for a license, shall cancel the license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter.
  2. This section shall not apply in the event the minor has attained eighteen (18) years of age.

History. Acts 1937, No. 280, § 15; Pope's Dig., § 6839; A.S.A. 1947, § 75-317.

27-16-905. Mandatory revocation for conviction of certain offenses.

The Office of Driver Services shall forthwith revoke the license of any driver upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:

  1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
  2. Any felony in the commission of which a motor vehicle is used;
  3. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
  4. Perjury or the making of a false affidavit or statement under oath to the office under this chapter or under any other law relating to the ownership or operation of motor vehicles; or
  5. Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months.

History. Acts 1937, No. 280, § 29; Pope's Dig., § 6853; Acts 1983, No. 549, § 18; A.S.A. 1947, § 75-333; Acts 1993, No. 445, § 26.

Cross References. Incorporation of § 27-16-905 in Driver License Compact, § 27-17-106.

Suspension of license for operation of motorcycle, motor scooter, or motor bicycle after conviction, § 27-20-113.

Research References

U. Ark. Little Rock L.J.

Legislation of the 1983 General Assembly, Criminal Law, 6 U. Ark. Little Rock L.J. 613.

27-16-906. [Repealed.]

Publisher's Notes. This section, concerning conviction in another state, was repealed by Acts 2011, No. 194, § 4. The section was derived from Acts 1937, No. 280, § 27; Pope's Dig., § 6851; Acts 1959, No. 307, § 15; A.S.A. 1947, § 75-331; Acts 1993, No. 445, § 27.

Cross References. Penalty for violation of this section, § 27-50-305.

27-16-907. Suspension or revocation of licenses.

  1. The Office of Driver Services may suspend the license of a driver for up to one (1) year upon a showing by its records or other sufficient evidence that the licensee is an habitual violator of the traffic laws.
  2. The Office of Driver Services may suspend the license of a driver for one (1) year upon a showing by its records or other sufficient evidence that the licensee:
    1. Has been involved as a driver in an accident resulting in the death or personal injury of another or in serious property damage;
    2. Is an habitually reckless or negligent driver of a motor vehicle;
    3. Has permitted an unlawful or fraudulent use of the licensee's license;
    4. Has been convicted of an offense in another state that if committed in this state would be grounds for suspension;
    5. Is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/50 in at least one (1) eye or if the total visual field of the person is less than one hundred five degrees (105°);
    6. Was found by the Office of Driver Services or its agent to have committed fraud in making an application for a driver's license or identification card issued under § 27-16-805;
    7. Was found by the Office of Driver Services or its agent to have used or attempted to use a driver's license or identification card issued under § 27-16-805 that was fraudulent, counterfeit, or altered; or
    8. Was found by the Office of Driver Services or its agent to have used or attempted to use the driver's license or identification card of another person by representing it as the licensee's own license or identification card issued under § 27-16-805.
  3. The Office of Driver Services may revoke the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
    1. Has been convicted of an offense in another state that if committed in this state would be grounds for revocation; or
      1. Is a person who is not lawfully present within the United States.
      2. The Office of Driver Services shall not grant a new application for a license to a driver revoked under subdivision (c)(2)(A) of this section unless the driver demonstrates to the Office of Driver Services that the driver is lawfully present within the United States.
      3. Notwithstanding the provisions of § 27-16-912, a driver whose license is revoked for failure to demonstrate legal presence may apply for a new license at any time during the year following revocation if the driver is able to demonstrate lawful presence at the time of the application for a new license.
  4. The Office of Driver Services may secure from all state agencies involved the necessary information to comply with this section.
    1. Upon the suspension or revocation of the license of a person under this section, the Office of Driver Services shall notify the licensee in writing.
    2. Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation.
      1. A hearing officer appointed by the Secretary of the Department of Finance and Administration shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for the hearings.
      2. The hearing shall be in the office of the Revenue Division in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call.
    3. Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license.
  5. Hearings conducted by the Office of Driver Services under this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  6. The secretary may promulgate rules for the administration of this section.

History. Acts 1937, No. 280, § 30; Pope's Dig., § 6854; Acts 1967, No. 340, § 1; A.S.A. 1947, § 75-334; Acts 1987, No. 976, § 1; 1989, No. 193, § 7; 1993, No. 445, § 28; 1997, No. 1099, § 2; 2001, No. 744, § 1; 2001, No. 1057, § 1; 2011, No. 194, § 5; 2019, No. 315, § 3116; 2019, No. 910, §§ 4664, 4665.

Amendments. The 2011 amendment rewrote (a); inserted present (b) and (c) and redesignated the remaining subsections accordingly; in (e)(1), substituted “Upon the suspension or” for “Upon denial, suspension, or” and deleted “as authorized” following “person”; substituted “notice of suspension or” for “denial, suspension, or” in (e)(2); subdivided (e)(3) into present (e)(3)(A) and (e)(3)(B); substituted “suspension or revocation” for “denial, suspension, or” in (e)(4); and inserted (g).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (g).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (e)(3)(A); and substituted “secretary” for “director” in (e)(3)(A), (e)(3)(B), and (g).

Cross References. Revocation of operator's license for any motor-driven cycle, § 27-20-113.

Case Notes

Evidence.

Evidence was sufficient for a conviction of driving with a suspended license pursuant to § 5-65-105 where defendant admitted to the police officer that had stopped him that he knew his license was suspended and the state produced a certified driving record at trial indicating that defendant's license was suspended for a DWI that had occurred in December 2002. Gorman v. State, 366 Ark. 82, 233 S.W.3d 622 (2006).

27-16-908. Nonresidents also subject to suspension or revocation.

The privilege of driving a motor vehicle on the highways of this state given to a nonresident under this chapter shall be subject to suspension or revocation by the office in like manner and for like cause as a driver's license issued under this act may be suspended or revoked.

History. Acts 1937, No. 280, § 26; Pope's Dig., § 6850; A.S.A. 1947, § 75-330; Acts 1993, No. 445, § 29.

27-16-909. Suspension or revocation of license for inability to drive.

    1. The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary.
      1. Upon the conclusion of the initial evaluation, the hearing officer shall determine:
        1. That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or
        2. That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation.
      2. If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation.
      3. Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license.
  1. Upon receipt by the Office of Driver Services of evaluations required under subsection (a) of this section, the Office of Driver Services may suspend or revoke the license of the person or may permit the person to retain his or her license or may issue a license subject to restrictions as permitted under § 27-16-804.
    1. The Office of Driver Services shall notify the licensee in writing of the suspension or revocation of the driver's license as authorized under this section.
    2. Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation.
      1. A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division designated by the secretary for hearings under this section.
      2. The hearing shall be in the office of the Revenue Division in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call.
    3. Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license.
    4. Hearings conducted by the Office of Driver Services under this section are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    1. The Office of Driver Services shall not reinstate the license of a person suspended under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.
    2. The Office of Driver Services shall not grant an application for a new license to a driver whose license has been revoked under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.
  2. The secretary may promulgate rules for the orderly and efficient administration of this section.

History. Acts 1937, No. 280, § 25; Pope's Dig., § 6849; Acts 1959, No. 307, § 16; A.S.A. 1947, § 75-329; Acts 1993, No. 445, § 30; 2011, No. 194, § 6; 2019, No. 315, § 3117; 2019, No. 910, §§ 4666-4668.

Amendments. The 2011 amendment rewrote (a); in (b), substituted “Upon receipt by the office of evaluations required under subsection (a) of this section” for “Upon the conclusion of the examination” and “the person” for “him or her”; rewrote (c); and inserted (d) and (e).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (e).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” throughout the section.

Cross References. Penalty for violation of this section, § 27-50-305.

27-16-910. Effect of suspension or revocation.

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this subchapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter.

History. Acts 1937, No. 280, § 33; Pope's Dig., § 6857; A.S.A. 1947, § 75-337; Acts 1993, No. 445, § 31.

27-16-911. Surrender and replacement of license.

  1. The Office of Driver Services, upon suspending or revoking a license, shall require that the license be surrendered to the office.
    1. At the end of the period of suspension, the office shall issue a duplicate driver's license upon:
      1. Proof that the licensee has satisfied all legal requirements for the re-issuance of a driver's license; and
      2. Payment of the fees imposed by § 27-16-806(d).
      1. If the end of the period of suspension falls within one (1) year of the date the driver's license is eligible to be renewed, the office, at the discretion of the licensee, may renew the suspended license upon receipt of a completed application for renewal, payment of fees imposed under § 27-16-801, and passage of the eyesight test required in § 27-16-704.
      2. If the driver elects to renew the suspended license instead of receiving a duplicate license, the driver shall not be required to pay the fees imposed by § 27-16-806(d).
  2. Payment of the fees imposed by § 27-16-806(d) shall not be required if the suspension or revocation of the license is reversed and the license is reinstated under § 5-65-402(d)(2)(B)(ii).

History. Acts 1937, No. 280, § 32; Pope's Dig., § 6856; A.S.A. 1947, § 75-336; Acts 1993, No. 445, § 32; 2015, No. 176, § 2.

Amendments. The 2015 amendment substituted “replacement” for “return” in the section heading; substituted “be surrendered to” for “shall be surrendered to and be retained by” in (a); redesignated (b) as (b)(1); substituted “the office shall issue a duplicate driver’s license upon” for “the license shall be returned to the licensee” in (b)(1); added (b)(1)(A) and (B); and added (b)(2) and (c).

27-16-912. Application for new license following revocation.

Except as provided in § 27-16-907(c)(2)(C), the Office of Driver Services shall not grant a person's application for a new license until the expiration of one (1) year after the revocation of the person's license.

History. Acts 1937, No. 280, § 31; Pope's Dig., § 6855; A.S.A. 1947, § 75-335; Acts 2011, No. 194, § 7.

Amendments. The 2011 amendment substituted “Except as provided in § 27-16-907(c)(2)(C), the Office of Driver Services shall not grant a person's” for “The Office of Driver Services shall not suspend a license for a period of more than one (1) year and upon revoking a license shall not in any event grant” and added “of the person's license” at the end.

Case Notes

Suspension.

A suspension that continues for nine or ten years is not temporary under anyone's definition and certainly exceeds the one-year limitation set out in this section. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Suspensions in one state have the effect of precluding a driver from obtaining a license in other states; that is what happens in Arkansas, and recognition of foreign state suspensions is appropriate so long as those suspensions are effective for a fixed period of time. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

27-16-913. Right of appeal to court of record.

    1. A person denied a license or whose license has been suspended, disqualified, or revoked by the Office of Driver Services, within thirty (30) days of receipt of the decision by the office to deny, suspend, disqualify, or revoke the license, may file a de novo petition of review in the Pulaski County Circuit Court or the circuit court in the county where the licensee or interested person resides.
    2. A copy of the decision of the office shall be attached to the petition.
    3. A copy of the petition shall be served upon the Secretary of the Department of Finance and Administration in accordance with the Arkansas Rules of Civil Procedure.
    4. A de novo petition to circuit court for review of a decision concerning a license under this section is not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  1. The filing of a petition of review shall not operate as an automatic stay of the decision of the hearing officer.
  2. If a court issues an order staying the decision or placing the decision in abeyance, the court shall transmit a copy of the order to the office in the same manner that convictions and orders relating to driving records are sent to the office under § 27-16-302.
    1. The circuit judge is vested with jurisdiction to determine whether the petitioner is entitled to a license or whether the decision of the hearing officer should be affirmed, modified, or reversed.
    2. At the hearing, the burden of proof is on the state, and the decision shall be based on a preponderance of the evidence.

History. Acts 1937, No. 280, § 34; Pope's Dig., § 6858; A.S.A. 1947, § 75-338; Acts 1987, No. 976, § 2; 2011, No. 194, § 8; 2019, No. 910, § 4669.

Amendments. The 2011 amendment redesignated former (a) as present (a)(1); inserted “disqualified” and “disqualify” in (a)(1); inserted (a)(2) through (a)(4); rewrote (c); redesignated former (d) as present (d)(1); and inserted (d)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(3).

Case Notes

Cited: Burdine v. Arkansas Dep't of Fin. & Admin., 2010 Ark. 455, 379 S.W.3d 476 (2010).

27-16-914. Suspension of driver's license of minor.

Upon receipt of an order of denial of driving privileges under § 5-65-116 or § 5-64-710, the Department of Finance and Administration shall:

  1. Suspend the motor vehicle operator's license of the minor for twelve (12) months, or until the minor reaches eighteen (18) years of age, whichever is longer;
  2. In the event the minor's driver's license is under suspension by the department for another offense or other violations, the minor's driver's license shall be suspended an additional twelve (12) months, or until the minor reaches eighteen (18) years of age, whichever is longer; or
  3. If the minor has not been issued a driver's license, the issuance of a license shall be delayed for an additional twelve (12) months after the minor applies for a license, or until the minor reaches eighteen (18) years of age, whichever is longer.

History. Acts 1989 (3rd Ex. Sess.), No. 93, § 2; 1993, No. 1257, § 3.

A.C.R.C. Notes. Acts 1993, No. 1257, § 7, provided:

“The Director of the Department of Finance and Administration is authorized to enter into any agreements or arrangements with other states and to take all action deemed necessary or proper, including the making and promulgation of rules and regulations, in order that the amendments contained in this Act may be effectuated.”

Pursuant to § 1-2-207, this section is set out above as amended by Acts 1993, No. 1257, § 3. This section was also amended by Acts 1993, No. 445, § 33 to read:

“Upon receipt of an order of denial of driving privileges under § 5-65-116 or § 5-64-710, the Department of Finance and Administration shall suspend the motor vehicle operator's license of the minor for twelve (12) months or until the minor reaches eighteen (18) years of age, whichever is longer.”

Research References

U. Ark. Little Rock L.J.

Survey, Criminal Law, 12 U. Ark. Little Rock L.J. 617.

Case Notes

Constitutionality.

The classification drawn at age eighteen in Acts 1989, No. 93 was reasonable and does not approach the level of irrationality or arbitrariness necessary to deem it unconstitutional. Carney v. State, 305 Ark. 431, 808 S.W.2d 755 (1991).

27-16-915. Suspension for conviction of controlled substances offense — Definitions.

  1. As used in this section:
    1. “Drug offense” has the meaning as provided in § 5-64-710; and
    2. “Specialty court” means one (1) of the following:
      1. A pre-adjudication program under § 5-4-901 et seq.;
      2. An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;
      3. A probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or
      4. A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program known as:
        1. A DWI court;
        2. A mental health court;
        3. A veteran's court;
        4. A juvenile drug court;
        5. A “HOPE” court; or
        6. A “smarter sentencing” court.
      1. When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term “commercial motor vehicle” is defined in § 27-23-103, or as similarly defined by the laws of any other state, for a period of one (1) year.
      2. Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the:
        1. Plea of guilty or nolo contendere;
        2. Finding of guilt; or
        3. Acceptance and enrollment in a specialty court.
      3. Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration.
      4. The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state.
      1. For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from:
        1. A mandatory court appearance;
        2. A mandatory random drug-testing appearance;
        3. A place of employment or as required in the scope of employment;
        4. A scheduled session or meeting of a support or counseling organization;
        5. An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution;
        6. A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances;
        7. A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or
        8. Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program.
        1. Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order.
        2. The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court.
      2. The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to:
        1. A revocation in the State of Arkansas or another state;
        2. A suspension wherein a court has prohibited the issuance of a restricted driving permit;
        3. A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or
        4. A suspension under:
          1. Section 5-65-104;
          2. Section 5-65-205;
          3. Section 5-65-304;
          4. Section 5-65-310;
          5. Section 9-14-239;
          6. Section 27-16-905;
          7. Section 27-16-907(b)(4)-(6);
          8. Section 27-16-908;
          9. Section 27-16-909;
          10. Section 27-19-610;
          11. Section 27-19-707, unless the judgment creditor has furnished written consent to allow a restricted driving permit; or
          12. The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.
      3. The court shall not issue a restricted permit to operate a commercial motor vehicle.
  2. Upon receipt of an order of denial of driving privileges under this section, the department shall:
    1. Suspend the driver's license of the person for six (6) months;
    2. In the event the person's driver's license is under suspension by the department for another offense or other violations, the person's driver's license shall be suspended an additional six (6) months; or
    3. If the person has not been issued a driver's license, the issuance of a license by the department shall be delayed for an additional six (6) months after the person applies for a license.
  3. Upon receipt of an order of denial of driving privileges under this section, which order concerns a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., the department, in addition to any actions taken pursuant to subsection (c) of this section, shall:
    1. Suspend the commercial driver's license of the person for one (1) year;
    2. In the event the person's commercial driver's license is under suspension by the department for another offense or other violations, the person's commercial driver's license shall, in addition to any penalties provided by the laws of this state, be suspended an additional one (1) year; or
    3. If the person has not been issued a commercial driver's license, the issuance of such a license by the department shall be delayed for an additional one-year period after the person applies for a license.
  4. Nothing contained in subsection (d) of this section shall require the issuance or reissuance of any commercial driver's license to any person following any suspension who is otherwise ineligible pursuant to other laws of this state to obtain such issuance or reissuance.
  5. Penalties prescribed in this section shall be in addition to all other penalties prescribed by law for the offenses covered by this section.

History. Acts 1991, No. 1109, §§ 1-3; 1993, No. 1257, § 4; 2015, No. 1246, § 1; 2019, No. 704, § 1; 2019, No. 910, § 4670.

A.C.R.C. Notes. Acts 1993, No. 1257, § 7, provided:

“The Director of the Department of Finance and Administration is authorized to enter into any agreements or arrangements with other states and to take all action deemed necessary or proper, including the making and promulgation of rules and regulations, in order that the amendments contained in this Act may be effectuated.”

Amendments. The 2015 amendment rewrote (a) and (b).

The 2019 amendment by No. 704 inserted “unless there are compelling circumstances warranting an exception” in (b)(1)(A); substituted “Unless there are compelling circumstances warranting an exception, courts” for “Courts” in the introductory language of (b)(1)(B) and in (b)(1)(C); and made a stylistic change.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(1)(C).

Research References

U. Ark. Little Rock L.J.

Survey — Criminal Law, 14 U. Ark. Little Rock L.J. 753.

Case Notes

Construction.

Section 5-65-116, the part of the criminal code passed in 1989 that provides for the suspension of driver's licenses of juveniles under 18 who commit offenses involving intoxicants, was not repealed by implication by this section, which was passed in 1991 and provides that any person, regardless of age, who illegally uses or possesses controlled drugs, as they are defined by the Controlled Substances Act (§ 5-64-101 et seq.), shall lose his driver's license. Manatt v. State, 311 Ark. 17, 842 S.W.2d 845 (1992), cert. denied, 507 U.S. 1005, 113 S. Ct. 1647, 123 L. Ed. 2d 268 (1993).

Subchapter 10 — Special Provisions Regarding Chauffeurs [Repealed]

27-16-1001 — 27-16-1004. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1993, No. 445, § 36. The subchapter was derived from the following sources:

§ 27-16-1001. Acts 1937, No. 280, § 40; Pope's Dig., § 6864; A.S.A. 1947, § 75-344.

§ 27-16-1002. Acts 1947, No. 370, §§ 1, 4; A.S.A. 1947, §§ 75-312, 75-313.

§ 27-16-1003. Acts 1947, No. 370, § 1; A.S.A. 1947, § 75-312.

§ 27-16-1004. Acts 1947, No. 370, § 2; A.S.A. 1947, § 75-322.

Subchapter 11 — Driver's License Security and Modernization Act

Effective Dates. Acts 2013, No. 1493, § 4: January 1, 2014.

Acts 2015, No. 895, § 48(b): Jan. 1, 2016. Effective date clause provided: “Sections 46 and 47 of this act are effective on and after January 1, 2016.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-1101. Title.

This subchapter shall be known and may be cited as the “Driver's License Security and Modernization Act”.

History. Acts 2005, No. 2210, § 1.

27-16-1102. Definitions.

As used in this subchapter:

  1. “Driver's license” means a motor vehicle operator's license, as defined in 49 U.S.C. § 30301, as in effect on February 1, 2005;
  2. “Identification card” means a personal identification card, as defined in 18 U.S.C. § 1028(d), as in effect on February 1, 2005, as issued by the State of Arkansas; and
  3. “State” means the State of Arkansas.

History. Acts 2005, No. 2210, § 1.

27-16-1103. Time limit for requirements to be met.

  1. The Office of Driver Services shall implement the changes required by this subchapter for all new driver's licenses issued or renewed on or after January 31, 2006.
    1. Except as provided under subdivision (b)(2) of this section and subsection (d) of this section, beginning four (4) years after August 12, 2005, a state agency may not accept for any purpose a driver's license or identification card that was not issued under the requirements of this subchapter.
    2. The limitation under subdivision (b)(1) of this section and other limitations under this subchapter shall not apply to members of the United States Armed Forces or their dependents under § 27-16-807, § 27-16-902, or other law.
  2. On or before January 31, 2006, the office shall obtain certification that it is in compliance with any and all federal laws regarding driver's license security and modernization.
  3. The Department of Human Services may accept a driver's license or identification card that was not issued under the requirements of this subchapter for the sole purpose of establishing the identity of an individual applying for or receiving food stamps when no other documentary evidence is readily available for that purpose.

History. Acts 2005, No. 2210, § 1.

27-16-1104. Minimum document requirements.

To meet the requirements of this subchapter, the Office of Driver Services shall include at a minimum the following information and features on each driver's license and identification card that it issues to a person:

  1. The person's full legal name;
  2. The person's date of birth;
  3. The person's gender;
  4. The person's driver's license or identification card number;
  5. A digital photograph of the person;
  6. The person's address of residence;
  7. The person's signature;
  8. Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes; and
  9. A common machine-readable technology with defined minimum data elements.

History. Acts 2005, No. 2210, § 1.

27-16-1105. Minimum issuance standards for driver's licenses.

    1. Except as provided under subdivisions (a)(2) and (3) and (b)(1) of this section regarding the renewal, duplication, or reissuance of a driver's license or identification card, to meet the requirements of this section the Office of Driver Services shall require at a minimum presentation of the following information before issuing a driver's license or identification card to a person:
      1. A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth;
      2. Documentation showing the person's date of birth;
      3. Proof of the person's Social Security account number or verification that the person is not eligible for a Social Security account number; and
      4. Evidence of legal status that includes valid documentary evidence that the person:
        1. Is a citizen of the United States;
        2. Is an alien lawfully admitted for permanent or temporary residence in the United States;
        3. Has conditional permanent resident status in the United States;
        4. Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
        5. Has a pending or approved application for asylum in the United States;
        6. Has entered into the United States in refugee status;
        7. Has a pending or approved application for temporary protected status in the United States;
        8. Has approved deferred action status;
        9. Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States;
        10. Has a pending extension Form I-129, Petition for a Nonimmigrant Worker or a pending Form I-539, Application to Extend/Change Nonimmigrant Status for dependents, as evidenced by a valid Form I-797C, Notice of Action; or
        11. Is a spouse or minor child described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, established by a valid employment authorization document issued by United States Citizenship and Immigration Services.
      1. If ten (10) or more driver's licenses are issued with the same address of residence, the applicant shall present documentation that establishes the person's address of residence.
      2. The documentation requirements under subdivision (a)(2)(A) of this section shall include, but not be limited to:
        1. A lease;
        2. A mortgage statement; or
        3. A utility bill.
        1. The office may establish by rule a written and defined exceptions process for a person who is unable to present all the necessary documents for a driver's license or identification card and who must rely upon alternate documents.
        2. The office shall accept alternate documents only to establish identity or date of birth of the person.
          1. An eligible inmate as defined under § 27-16-801(h)(1) may satisfy the identity document requirement under this section by submitting a sentencing order to the Office of Driver Services before his or her release from incarceration.
          2. The exception to the identity document requirement under subdivision (a)(3)(A)(iii)(a) of this section shall not be applicable to a first-time issuance of a driver's license or identification card nor may it be used to waive any documentation requirements for non-United States citizens.
      1. A person wishing to obtain a driver's license or identification card using alternate documents shall demonstrate to the office that the person is relying on alternate documents due to reasons beyond the person's control.
        1. The office shall determine whether the alternate documents presented possess reasonable indications of reliability.
        2. The alternate documents are subject to reasonable verification by the office.
    1. For purposes of subsection (a) of this section and except as provided in subdivision (b)(2) of this section, the office shall presume that any driver's license or identification card for which an application has been made for renewal, duplication, or reissuance has been issued in accordance with the provisions of subsection (a) of this section if at the time the application was made the driver's license or identification card had not been cancelled, suspended, or revoked.
    2. Subdivision (b)(1) of this section shall not apply to a renewal, duplication, or reissuance of a driver's license or identification card if the office is notified by a local, state, or federal government agency that the person seeking the renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.
  1. To meet the requirements of this section, the office shall implement the following procedures:
    1. The office shall not accept any foreign document other than an official passport to satisfy a requirement of subsection (a) or subsection (b) of this section; and
    2. No later than January 31, 2006, the Secretary of the Department of Finance and Administration shall enter into a memorandum of understanding with the United States Secretary of Homeland Security to routinely utilize the automated system known as the Verification Information System database of the Systematic Alien Verification for Entitlements Program, as provided by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, to verify the legal presence status of a person other than a United States citizen applying for a driver's license or identification card.

History. Acts 2005, No. 2210, § 1; 2011, No. 1212, §§ 1, 2; 2013, No. 1493, § 1; 2015, No. 895, § 47; 2017, No. 1012, § 3; 2019, No. 910, § 4671.

A.C.R.C. Notes. Acts 2015, No. 895, § 1, provided: “Legislative intent. “It is the intent of the General Assembly to implement wide-ranging reforms to the criminal justice system in order to address prison overcrowding, promote seamless reentry into society, reduce medical costs incurred by the state and local governments, aid law enforcement agencies in fighting crime and keeping the peace, and to enhance public safety.”

Amendments. The 2011 amendment inserted “(a)(3)” in the introductory language of (a)(1); and inserted (a)(3).

The 2013 amendment added (a)(1)(D)(x) and (a)(1)(D)(xi).

The 2015 amendment added (a)(3)(A)(iii).

The 2017 amendment substituted “§ 27-16-801(h)(1)” for “§ 27-16-801(i)(1)” in (a)(3)(A)(iii) (a)

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c)(2).

Effective Dates. Acts 2015, No. 895, § 48(b): Jan. 1, 2016. Effective date clause provided: “Sections 46 and 47 of this act are effective on and after January 1, 2016.”

RESEARCH REFERENCES

A.L.R.

Validity of state statutes, regulations, or other identification requirements restricting or denying driver's licenses to illegal aliens. 16 A.L.R.6th 131.

27-16-1106. Additional requirements.

To meet the requirements of this section regarding the issuance of driver's licenses and identification cards, the Secretary of the Department of Finance and Administration shall:

  1. Retain for a minimum of five (5) years paper copies or images of source documents presented;
  2. Subject each person applying for a driver's license or identification card to mandatory digital facial image capture;
    1. Confirm with the Social Security Administration a Social Security account number presented by a person using the full Social Security account number.
    2. In the event that a Social Security account number is already registered to or associated with another person to whom the Office of Driver Services has issued a driver's license or identification card, the office shall resolve the discrepancy and take appropriate action;
  3. Refuse to issue a driver's license or identification card to a person holding a driver's license issued by another state without retaining the license issued by another state;
  4. Ensure the physical security of locations where driver's licenses and identification cards are produced and the security of document materials and papers from which driver's licenses and identification cards are produced;
  5. Subject all persons authorized to manufacture or produce driver's licenses and identification cards to appropriate security clearance requirements to include, but not be limited to, criminal background checks; and
  6. Establish fraudulent document recognition training programs for the employees of the office who are engaged in the issuance of driver's licenses and identification cards.

History. Acts 2005, No. 2210, § 1; 2019, No. 910, § 4672.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language.

27-16-1107. Linking of databases.

  1. The Secretary of the Department of Finance and Administration shall ensure that the State of Arkansas is eligible to receive any grant or other type of financial assistance made available under federal law regarding driver's license security and modernization.
  2. The secretary shall implement and oversee a motor vehicle database that contains at a minimum the following information:
    1. All data fields printed on driver's licenses and identification cards issued by the Office of Driver Services; and
    2. Motor vehicle driver's histories, including motor vehicle violations, suspensions, and points on licenses.

History. Acts 2005, No. 2210, § 1; 2019, No. 910, §§ 4673, 4674.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-16-1108. Rules.

The Secretary of the Department of Finance and Administration shall promulgate rules to implement and administer this subchapter.

History. Acts 2005, No. 2210, § 1; 2019, No. 910, § 4675.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-16-1109. Applicability to Medicaid identification cards.

No provision of this subchapter shall apply to the issuance or production of Medicaid identification cards by either the Department of Human Services or the Office of Driver Services.

History. Acts 2005, No. 2210, § 1.

27-16-1110. Findings — Purpose of §§ 27-16-1111 and 27-16-1112.

  1. The General Assembly finds that:
    1. Currently, driver's licenses and identification cards are valid for a standard statutory period of time;
    2. An applicant for the issuance or renewal of a driver's license or identification card who is not a citizen of the United States may obtain a driver's license or identification card that is valid for a period that exceeds his or her authorization to be lawfully present in the United States;
    3. The federal government, specifically the United States Immigration and Customs Enforcement, an agency of the Department of Homeland Security, has authority over immigration matters and makes determinations on the length of time that a person who is not a citizen of the United States can remain in the United States; and
    4. A driver's license or identification card that is valid for a period that exceeds the time prescribed by the United States Immigration and Customs Enforcement, an agency of the Department of Homeland Security, can be used to circumvent federal law and cause confusion on the status of the individual to whom it is issued.
  2. The purpose of §§ 27-16-1111 and 27-16-1112 is to ensure that driver's licenses and identification cards issued by the state are not used to circumvent federal immigration laws or federal authority on immigration matters by preventing an applicant for the issuance or renewal of a driver's license or identification card from obtaining an identity document issued by the state that is valid for a period that exceeds the applicant's authorization to be lawfully present in the United States.

History. Acts 2009, No. 786, § 1.

27-16-1111. Expiration of driver's license when the applicant is not a United States citizen.

  1. If an applicant for a driver's license under this chapter is not a citizen of the United States as provided under § 27-16-1105(a)(1)(D)(ii)-(xi), the expiration date of the driver's license shall be the shortest of:
    1. The period provided for under § 27-16-901(a)(1)(A); or
    2. The last date the applicant may be present in the United States under federal immigration laws, as verified by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security according to:
        1. The status completion date on a United States Customs and Border Protection Form I-94, Arrival/Departure Record or admission stamp.
        2. If the applicant is the holder of a nonimmigrant visa as described in § 27-16-1105(a)(1)(D)(iv), an additional two hundred forty (240) days shall be allowed following the status completion date in subdivision (a)(2)(A)(i) of this section if the applicant presents a valid Form I-797C, Notice of Action; or
      1. If the applicant is a spouse or minor child as described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, the end date on the employment authorization document issued by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security for the bona fide student.
  2. The Office of Driver Services may renew the driver's license only if it is demonstrated that the applicant's continued presence in the United States is authorized under federal law.

History. Acts 2009, No. 786, § 1; 2013, No. 1493, § 2.

Amendments. The 2013 amendment rewrote (a).

27-16-1112. Expiration of identification card when the applicant is not a United States citizen.

  1. If an applicant for an identification card under this chapter is not a citizen of the United States as provided under § 27-16-1105(a)(1)(D)(ii)-(xi), the expiration date of the identification card shall be the shorter of:
    1. The period provided for under § 27-16-805(b); or
    2. The last date the applicant may be present in the United States under federal immigration laws, as verified by United States Immigration and Customs Enforcement of the Department of Homeland Security according to:
        1. The status completion date on a United States Customs and Border Protection Form I-94, Arrival/Departure Record or admission stamp.
        2. If the applicant is the holder of a nonimmigrant visa as described in § 27-16-1105(a)(1)(D)(iv), an additional two hundred forty (240) days shall be allowed following the status completion date in subdivision (a)(2)(A)(i) of this section if the applicant presents a valid Form I-797C, Notice of Action; or
      1. If the applicant is a spouse or minor child as described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, the end date on the employment authorization document issued by the Bureau of Citizenship and Immigration Services of the Department of Homeland Security for the bona fide student.
  2. The Office of Driver Services may renew the card only if it is demonstrated that the applicant's continued presence in the United States is authorized under federal law.
  3. This section shall not limit the office from issuing an identification card valid for the life of the applicant if he or she is sixty (60) years of age or older as provided under § 27-16-805(b)(2).

History. Acts 2009, No. 786, § 1; 2013, No. 1493, § 3.

Amendments. The 2013 amendment rewrote (a).

Effective Dates. Acts 2013, No. 1493, § 4: January 1, 2014.

Subchapter 12 — Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act

Effective Dates. Acts 2011, No. 350, § 2: June 30, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is in the interests of Arkansans to continue the issuance of enhanced security driver's licenses and identification cards; that it is sound public policy to extend the expiration of the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act; and that this act is necessary because without an extension of the expiration date, the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act will expire on June 30, 2011. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on June 30, 2011.”

Acts 2013, No. 487, § 2: June 30, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is in the interest of Arkansans to continue the issuance of enhanced security driver's licenses and identification cards; that it is sound public policy to extend the expiration of the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act; and that this act is necessary because without an extension of the expiration date, the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act will expire on June 30, 2013. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on June 30, 2013.”

Acts 2015, No. 173, § 2: Feb. 23, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that it is in the interest of Arkansans to continue the issuance of enhanced security driver's licenses and identification cards; that it is sound public policy to extend the expiration of the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act; and that this act is necessary because without an extension of the expiration date, the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act will expire on June 30, 2015. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2017, No. 464, § 2: Mar. 13, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that many citizens of this state rely upon the use of enhanced security driver's licenses, commercial driver's licenses, and identification cards; that these enhanced security licenses and identification cards are needed for airline travel and for business purposes; that unless this act is effective immediately the issuance of an enhanced security driver's license will be prohibited. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-16-1201. Title.

This subchapter shall be known and may be cited as the “Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act”.

History. Acts 2009, No. 1308, § 1.

27-16-1202. Purpose.

The purpose of this subchapter is:

  1. To ensure that as an alternative to a driver's license or identification card otherwise issued under this Title 27 of the Arkansas Code, Arkansas citizens may have the option of obtaining a driver's license or identification card with additional security features for enhanced identification purposes; and
  2. To ensure that holders of standard driver's licenses and identification cards otherwise issued under this chapter continue to enjoy all rights and privileges to which they are currently entitled under Arkansas law.

History. Acts 2009, No. 1308, § 1.

27-16-1203. Definitions.

As used in this subchapter:

  1. “Department” means the Department of Finance and Administration;
  2. [Repealed.]
  3. “Voluntary enhanced security commercial driver's license” means a commercial motor vehicle operator's license issued under this subchapter;
  4. “Voluntary enhanced security driver's license” means a motor vehicle operator's license issued under this subchapter; and
  5. “Voluntary enhanced security identification card” means a personal identification card described in this subchapter.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, § 4676.

Amendments. The 2019 amendment repealed (2).

27-16-1204. System development.

  1. Notwithstanding any other provision of law, the Secretary of the Department of Finance and Administration may perform any system development necessary to implement the requirements of this subchapter.
  2. As used in this section, “system development” includes without limitation the following:
    1. Acquisition of equipment and information technology systems and services;
    2. Modification, conversion, or upgrade of the Department of Finance and Administration's existing databases, equipment, and information technology systems;
    3. Establishment of electronic connectivity with any other state's motor vehicle department, federal agency, association, or business;
    4. Creation of a new design for driver's licenses, driver permits, and identification cards that will meet the minimum content, design, and security standards required by this subchapter;
    5. Collection, management, and retention of personal information and identity documents; and
    6. Development and implementation of a comprehensive security plan to ensure the security and integrity of the Department of Finance and Administration's:
      1. Employees;
      2. Facilities;
      3. Storage systems;
      4. Production of:
        1. Driver's licenses;
        2. Driver permits; and
        3. Identification cards; and
      5. Collection and retention of personal information and identity documents.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, § 4677.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-16-1205. Application of statutory provisions governing driver's licenses and identification cards.

    1. In addition to the requirements of this subchapter, the issuance, renewal, and use of a voluntary enhanced security driver's license shall be subject to the requirements and fees for obtaining, renewing, and using a driver's license otherwise issued under this Title 27 of the Arkansas Code.
    2. A voluntary enhanced security driver's license issued under this subchapter may be used for all state purposes authorized for driver's licenses otherwise issued under this Title 27 of the Arkansas Code.
    1. In addition to the requirements of this subchapter, the issuance, renewal, and use of a voluntary enhanced security identification card shall be subject to the requirements and fees for obtaining, renewing, and using an identification card otherwise issued under this Title 27 of the Arkansas Code.
    2. A voluntary enhanced security identification card issued under this subchapter may be used for all state purposes authorized for identification cards otherwise issued under this Title 27 of the Arkansas Code.
    1. In addition to the requirements of this subchapter, the issuance, renewal, and use of a voluntary enhanced security commercial driver's license shall be subject to the requirements and fees for obtaining, renewing, and using a driver's license and identification card otherwise issued under this Title 27 of the Arkansas Code.
    2. A voluntary enhanced security commercial driver's license issued under this subchapter may be used for all state purposes authorized for commercial driver's licenses otherwise issued under this Title 27 of the Arkansas Code.
  1. A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued under this subchapter is subject to this Title 27 or Title 5 of the Arkansas Code concerning the suspension, revocation, and reinstatement of other driver's licenses, commercial driver's licenses, or identification cards.
  2. In addition to the requirements of this subchapter, a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued under this subchapter shall be subject to all provisions of the Driver's License Security and Modernization Act, § 27-16-1101 et seq.
  3. If another provision of Arkansas law conflicts with the provisions of this subchapter, the provisions of this subchapter shall control.

History. Acts 2009, No. 1308, § 1.

27-16-1206. Application for voluntary enhanced security driver's license or identification card.

  1. As an alternative to applying for the standard driver's license, commercial driver's license, or identification card under other subchapters of this chapter, a person may apply for a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card under this subchapter.
  2. The Office of Driver Services of the Department of Finance and Administration shall not include an electronic chip or any type of radio frequency identification tag or chip in any driver's license or identification card or enhanced security driver's license or identification card issued by the Department of Finance and Administration.
  3. The office shall not collect the following biometric data from applicants for any driver's license, identification card, enhanced security driver's license, or enhanced security identification card issued by the department:
    1. Voice data used to compare live speech;
    2. Iris recognition data such as iris scans, texture patterns, or retinal scans;
    3. Keystroke dynamics that measure pressure applied to key pads;
    4. Hand geometry that measures hand characteristics, including the shape and length of fingers in three (3) dimensions; and
    5. Deoxyribonucleic acid or ribonucleic acid.

History. Acts 2009, No. 1308, § 1.

27-16-1207. Issuance standards — Proof of physical address.

  1. In addition to the information required under § 27-16-1105, an applicant for a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card under this subchapter must present two (2) of the following documents upon application or renewal that show the name and physical residential address of the applicant:
    1. Utility bill;
    2. Current lease or rental agreement;
    3. Bank statement;
    4. Mortgage statement;
    5. Telephone bill;
    6. Current insurance policy;
    7. State or federal tax return that is less than one (1) year old;
    8. On a formal letterhead, a letter from a bank manager, medical practitioner, accountant, or attorney that states that he or she has known the applicant for three (3) years and that confirms the applicant's physical residential address;
    9. Payslip or salary advice;
    10. Any of the above documents described in subdivisions (a)(1)-(9) of this section that contains the name of the spouse of the applicant, together with a certified copy of the applicant's marriage license or marriage certificate; or
    11. Any other documentation the Secretary of the Department of Finance and Administration determines to be adequate proof of physical address.
  2. The documentation furnished under subdivisions (a)(1)-(11) of this section must be less than six (6) months old unless otherwise specified under subsection (a) of this section.
  3. An Arkansas post office box address is not sufficient proof of physical address for purposes of this section.
  4. The secretary may require additional proof of physical address if the secretary questions the validity or authenticity of the proof of physical address submitted by the applicant.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, §§ 4678, 4679.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(11); and substituted “secretary” for “director” twice in (d).

27-16-1208. Evidence of lawful status.

The Secretary of the Department of Finance and Administration shall require before issuing a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card valid documentary evidence that the applicant:

  1. Is a citizen or national of the United States;
  2. Is an alien lawfully admitted for permanent or temporary residence in the United States;
  3. Has conditional permanent resident status in the United States;
  4. Has an approved application for asylum in the United States or has entered into the United States in refugee status;
  5. Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
  6. Has a pending application for asylum in the United States;
  7. Has a pending or approved application for temporary protected status in the United States;
  8. Has approved deferred action status; or
  9. Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, § 4680.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language.

27-16-1209. Expiration and renewal.

  1. A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, and voluntary enhanced security identification card issued to a United States citizen or United States national under this subchapter shall expire at the time provided for other driver's licenses, commercial driver's licenses, and identification cards issued under this title.
    1. Every voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued to an applicant other than a United States citizen or United States national shall expire on the date indicated in subdivision (b)(2) of this section if the applicant provides valid documentary evidence of legal status that the person:
      1. Is an alien lawfully admitted for permanent or temporary residence in the United States;
      2. Has conditional permanent resident status in the United States;
      3. Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
      4. Has a pending or approved application for asylum in the United States;
      5. Has entered into the United States in refugee status;
      6. Has a pending or approved application for temporary protected status in the United States;
      7. Has approved deferred action status; or
      8. Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
      1. If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status with no expiration date, the driver's license or identification card issued shall expire on the end of the month in which the driver's license or identification card was issued one (1) year from its date of initial issuance.
      2. If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status containing an expiration date, the driver's license or identification card issued shall expire on the earlier to occur of the following:
        1. The date of expiration indicated on the person's valid documentary evidence of legal status; or
        2. The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section.
    2. The Office of Driver Services shall verify the legal presence of an applicant for renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card of a person included in subdivision (b)(1) or subdivision (b)(2)(A) of this section by utilizing the automated system known as the Verification Information System database of the Systematic Alien Verification for Entitlements Program, as provided by section 404 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. No. 104-208.
  2. A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued under this section must be renewed at the end of the period specified in subsections (a) and (b) of this section and, to the extent applicable, other renewal provisions in this chapter.
  3. The Secretary of the Department of Finance and Administration may by rule shorten or lengthen the term of any driver's license or identification card period under this section, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, § 4681.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d).

27-16-1210. Enhanced security card issuance and renewal fees.

  1. The fee for the initial issuance of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card under this subchapter is the same as the fee for initial issuance of other driver's licenses, commercial driver's licenses, and identification cards listed in this Title 27 of the Arkansas Code.
  2. The fee for the renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card under § 27-16-1209(a) is the same as the fee for renewal of other driver's licenses, commercial driver's licenses, and identification cards listed in this Title 27 of the Arkansas Code.
  3. The fee for the renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card under § 27-16-1209(b) is the same as the fee for renewal of other driver's licenses, commercial driver's licenses, and identification cards listed in this chapter, subject to a pro rata reduction in the renewal fee for any shortened renewal period under § 27-16-1209(b).
  4. The renewal fee for a license or identification card that expires as provided in § 27-16-1209(b)(2) is an amount calculated by multiplying the amount of a renewal fee whose term is not shortened by a fraction whose numerator is the number of months for which the renewal license or identification card is issued and whose denominator is the number of months that would have applied had the renewal time not been shortened.

History. Acts 2009, No. 1308, § 1.

27-16-1211. Authority to promulgate rules.

The Secretary of the Department of Finance and Administration may promulgate any necessary rules to carry out this subchapter, subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, § 4682.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-16-1212. Implementation date.

This subchapter shall be effective and shall be implemented only if the Secretary of the Department of Finance and Administration:

  1. Determines that the voluntary enhanced identification and security features under this subchapter are necessary to ensure secure commerce and travel by Arkansas citizens within and throughout the State of Arkansas, the United States, and abroad;
  2. Determines that Congress has not repealed the REAL ID Act of 2005, Pub. L. No. 109-13; and
  3. Promulgates a rule specifying the date of implementation of this subchapter.

History. Acts 2009, No. 1308, § 1; 2019, No. 910, § 4683.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language.

27-16-1213. [Repealed.]

Publisher's Notes. This section, which concerned the possible expiration of the terms of the subchapter, was repealed by Acts 2017, No. 464, § 1. The section was derived from Acts 2009, No. 1308, § 1; 2011, No. 350, § 1; 2013, No. 487, § 1; 2015, No. 173, § 1.

Subchapter 13 — Emergency Contact Information System Act

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1301. Title.

This subchapter shall be known and may be cited as the “Emergency Contact Information System Act”.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 1.

Amendments. The 2017 amendment substituted “‘Emergency Contact Information System Act’” for “‘Arkansas Emergency Contact Information System Act’”.

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1302. Purpose.

The purpose of this subchapter is to create an emergency contact information system to assist law enforcement in notification of next of kin or other designated emergency contact of an eligible participant in times of emergency.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 2.

Amendments. The 2017 amendment substituted “an emergency contact information system” for “the Arkansas Emergency Contact Information System”.

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1303. System development.

The Division of Arkansas State Police in conjunction with other entities, including without limitation the Department of Finance and Administration, may establish an emergency contact information system.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 3.

Amendments. The 2017 amendment inserted “including without limitation the Department of Finance and Administration” and substituted “an emergency contact information system” for “the Arkansas Emergency Contact Information System”.

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1304. Definitions.

As used in this subchapter, “emergency”:

  1. Means a circumstance in which:
    1. A person:
      1. Sustains injuries that render him or her unable to independently communicate with emergency contacts; or
      2. Exhibits a symptom that renders him or her unable to independently communicate with emergency contacts, including without limitation:
        1. Memory loss;
        2. Loss of ability to understand or express speech;
        3. Disorientation; or
        4. Confusion and agitation;
    2. Contact information for next of kin or other designated emergency contact is not otherwise available; and
    3. Immediate communication with a next of kin or other designated emergency contact is necessary to support the provision of notification by law enforcement; and
  2. Includes without limitation:
    1. A motor vehicle accident;
    2. An accident involving another mode of transportation;
    3. A natural disaster; or
    4. Being a victim of a criminal act.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 3.

Amendments. The 2017 amendment substituted “Means a circumstance” for “Means an unforeseen circumstance” in the introductory language of (1); redesignated former (1)(A) as the introductory language of (1)(A) and (1)(A)(i); substituted “A person” for “A victim” in (1)(A); and added (1)(A)(ii).

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1305. Use of the information.

  1. Information in an emergency contact information system shall be accessible only to law enforcement for emergency notification purposes or by a court order and shall not be used in a criminal investigation or for any other purpose.
  2. Law enforcement may share information contained in the system with other law enforcement officers on the scene as needed to conduct emergency notifications.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 4.

Amendments. The 2017 amendment, in (a), substituted “an emergency contact information system” for “the Arkansas Emergency Contact Information System” and “by” for “pursuant to” preceding “a court order”.

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1306. Authority to promulgate rules.

The Division of Arkansas State Police, the Department of Finance and Administration, and any other entity that establishes an emergency contact information system may promulgate rules to implement and administer the purpose and intent of this subchapter.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 5.

Amendments. The 2017 amendment inserted “the Department of Finance and Administration, and any other entity that establishes an emergency contact information system” and substituted “may” for “is authorized to”.

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1307. [Repealed.]

Publisher's Notes. This section, concerning the timing of implementation following funding of the Arkansas Emergency Contact Information System, was repealed by Acts 2017, No. 626, § 6, effective January 29, 2018. The section was derived from Acts 2013, No. 590, § 1.

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1308. Voluntary participation.

  1. Participation in an emergency contact information system is voluntary.
  2. A person who holds a valid Arkansas driver's license or identification card is eligible to participate in the system.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 7.

Amendments. The 2017 amendment substituted “an emergency contact information system” for “the Arkansas Emergency Contact Information System” in (a).

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

27-16-1309. Responsibility for accuracy of information.

  1. Each participant has the exclusive responsibility for:
    1. Initiating, entering, modifying, and deleting emergency contact records in an emergency contact information system; and
    2. The accuracy and completeness of all information submitted.
  2. Emergency contact records shall otherwise not be modified and shall otherwise be deleted only when the driver's license or identification record no longer exists in Arkansas.
  3. All requests to add, modify, or delete a record in the system are confidential and shall be governed by § 12-12-211.

History. Acts 2013, No. 590, § 1; 2017, No. 626, § 8.

Amendments. The 2017 amendment substituted “an emergency contact information system” for “the Arkansas Emergency Contact Information System” in (a)(1).

Effective Dates. Acts 2017, No. 626, § 9: Jan. 29, 2018.

Chapter 16 Driver's Licenses Generally

Chapter 17 Driver License Compact

Effective Dates. Acts 1969, No. 142, § 8: July 1, 1969.

27-17-101. Adoption.

The Driver License Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

DRIVER LICENSE COMPACT

ARTICLE I Findings and Declaration of Policy

  1. The party states find that:
    1. The safety of their streets and highways is materially affected by the degree of compliance with the state and local ordinances relating to the operation of motor vehicles.
    2. Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
    3. The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
  2. It is the policy of each of the party states to:
    1. Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
    2. Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.

ARTICLE II Definitions

As used in this compact:

  1. “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
  2. “Home state” means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
  3. “Conviction” means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

ARTICLE III Reports of Conviction

The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connection therewith.

ARTICLE IV Effect of Conviction

  1. The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if such conduct has occurred in the home state, in the case of convictions for:
    1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
    2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
    3. Any felony in the commission of which a motor vehicle is used;
    4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
  2. As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give such effect to the conduct as is provided by the laws of the home state.
  3. If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.

ARTICLE V Applications for New Licenses

Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

  1. The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
  2. The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
  3. The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.

ARTICLE VI Applicability of Other Laws

Except as expressly required by the provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state.

ARTICLE VII Compact Administrator and Interchange of Information

  1. The head of the licensing authority of each party state shall be the administrator of this compact for his or her state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
  2. The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.

ARTICLE VIII Entry Into Force and Withdrawal

  1. This compact shall enter into force and become effective as to any state when it has enacted the same into law.
  2. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.

ARTICLE IX Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History. Acts 1969, No. 142, § 1; A.S.A. 1947, § 75-2201; Acts 1995, No. 1296, § 93.

A.C.R.C. Notes. In the second sentence of Article IX, Construction and Severability, the language “is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance” following “circumstance” near the end of the sentence was omitted by Acts 1969, No. 42, § 1, in enacting the Driver License Compact.

27-17-102. Licensing authority.

  1. As used in the compact, the term “licensing authority,” with reference to this state, shall mean the Office of Driver Services of the Department of Finance and Administration.
  2. The office shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact.

History. Acts 1969, No. 142, § 2; A.S.A. 1947, § 75-2202.

27-17-103. Executive head.

As used in the compact, with reference to this state, the term “executive head” shall mean the Governor.

History. Acts 1969, No. 142, § 4; A.S.A. 1947, § 75-2204.

27-17-104. Compensation of administrator.

The compact administrator provided for in Article VII of the compact shall not be entitled to any additional compensation on account of his or her service as such administrator but shall be entitled to expenses incurred in connection with his or her duties and responsibilities as the administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his or her office or employment.

History. Acts 1969, No. 142, § 3; A.S.A. 1947, § 75-2203.

27-17-105. Report of actions concerning drivers' licenses.

Any court or other agency of this state, or a subdivision thereof, which has jurisdiction to take any action suspending, revoking, or otherwise limiting a license to drive, shall report any such action and the adjudication upon which it is based to the Office of Driver Services of the Department of Finance and Administration within ten (10) days on forms furnished by the office.

History. Acts 1969, No. 142, § 5; A.S.A. 1947, § 75-2205.

27-17-106. Incorporation of similar statutes.

Subdivisions (1)-(3) and (5) of § 27-16-905 are substantially similar to the offenses described under Article IV, paragraphs 1, 2, 3, and 4, of this compact. In addition, subdivision (4) of § 27-16-905, regarding perjury or the making of a false affidavit or statement under oath to the Office of Driver Services, is also incorporated in and made a part of this compact.

History. Acts 1969, No. 142, § 6; A.S.A. 1947, § 75-2206.

Chapter 18 Driver Education Program

Cross References. Motorcycle, etc., operator instruction, § 27-20-109.

Preambles. Acts 1965, No. 531 contained a preamble which read:

“Whereas, currently available statistics reflect that thirty-six per cent (36%) of all American youths who die between the ages of 15 and 24 are killed in automobile accidents; and

“Whereas, virtually all of the leading insurance companies provide insurance premium discounts of 10 to 17½% for teenage boys and girls who have successfully completed a high-school driving course meeting national standards; and

“Whereas, in the last year for which statistics are available, there were 640 lives lost on Arkansas highways, more than 21,000 people were seriously injured, and property damage exceeded $11,000,000.00; and these deaths, injuries and property damage resulted in an economic loss to the State of Arkansas of more than $105,000,000.00;

“Now, therefore … .”

Acts 1979, No. 755 contained a preamble which read:

“Whereas, the present driver training and testing program administered by the Police Division of the Department of Public Safety is directed almost entirely toward training and testing in matters of safe driving; and

“Whereas, many of the licensed motor vehicle operators in the State have very limited knowledge regarding the conservation of fuel and the care and maintenance of automobiles; and

“Whereas, knowledge of fuel conservation and automobile maintenance and care would not only be beneficial to the individual automobile owner and driver but would also serve the best interests of the public;

“Now, therefore … .”

Effective Dates. Acts 1987, No. 598, § 4: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the practice of leaving a vehicle on a roadway after an accident can create a serious obstruction of traffic and can endanger the safety of persons traveling on our streets, roads and highways. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect upon passage and approval.”

27-18-101. Establishment.

    1. The Arkansas State Police Commission is authorized to establish a program of driver education for training, retraining, and testing of motor vehicle drivers and applicants for motor vehicle driver's licenses.
    2. In connection therewith, the commission shall promulgate reasonable rules, not inconsistent with law, for furthering the driver education program as authorized by this chapter.
  1. The driver education program, as established by the commission, shall be made available primarily to the various high schools of the state for the purposes set out by this chapter and secondarily for adults and nonschool participants for the same purposes.

History. Acts 1965, No. 531, § 1; A.S.A. 1947, § 75-1901; Acts 2019, No. 315, § 3118.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(2).

27-18-102. Interagency cooperation.

All agencies, boards, commissions, and schools supported from public or private funds are directed to cooperate and lend whatever assistance as may be required for establishing a driver education program under the auspices of the Arkansas State Police Commission.

History. Acts 1965, No. 531, § 4; A.S.A. 1947, § 75-1904.

27-18-103. Inclusion of conservation and maintenance materials.

  1. The Department of Arkansas State Police or any other agency of the state charged with the responsibility of administering a driver training and testing program shall include in any printed driver education materials prepared and distributed by the department a section on fuel conservation and automobile care and maintenance.
  2. The conservation section of the driver training and education manual shall include guidelines for obtaining the greatest fuel economy from motor vehicles, the proper care and maintenance of the body, engine, transmission, tires, brakes, and other mechanical equipment, and such other information as the department deems appropriate to better prepare a prospective vehicle driver or owner to operate the vehicle efficiently as well as safely.

History. Acts 1979, No. 755, § 1; A.S.A. 1947, § 75-1907.

27-18-104. Funding.

The costs of operating and maintaining the driver education course as authorized in this chapter shall be payable from the current appropriations and funds available to the Arkansas State Police Commission for its operation and maintenance, including such special revenues as collected and deposited under the provisions of this chapter.

History. Acts 1965, No. 531, § 3; A.S.A. 1947, § 75-1903.

27-18-105. Limitation on contracts and other obligations.

  1. No contracts may be awarded or obligations otherwise incurred in relation to the program described in this chapter in excess of the State Treasury funds actually available as provided by law.
  2. The Arkansas State Police Commission shall have the power to accept and use grants and donations, and to use its unobligated cash income or other funds available to it, for the purpose of supplementing the State Treasury funds for financing the entire cost of the program.

History. Acts 1965, No. 531, § 6; A.S.A. 1947, § 75-1905.

27-18-106. Fees.

    1. For any of the purposes set out in § 27-18-101, the Arkansas State Police Commission is authorized to charge a fee of five dollars ($5.00) for any student of:
      1. An accredited high school;
      2. A state or privately supported college, university, or junior college; and
      3. Any vocational-technical training school engaging in the driver education course.
    2. The commission is further authorized to charge a fee of ten dollars ($10.00) for any other person engaging in the driver education course for the purposes set out in § 27-18-101.
    3. Upon determination that a student or qualified prospective student of the driver education course is unable to pay the fee authorized by this section, the commission shall waive the fee, as it is the purpose and intent of this chapter to provide driver education for the citizens of Arkansas.
  1. Such fees as are collected shall be remitted monthly by the commission 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 and maintenance of the commission.

History. Acts 1965, No. 531, § 2; A.S.A. 1947, § 75-1902.

27-18-107. Instruction as to removal of vehicle from roadway.

The Department of Arkansas State Police shall include instruction within the driver's instruction manual of the Department of Arkansas State Police concerning the times when a driver involved in an accident must remove his or her vehicle from the roadway. The department shall include the subject on the examination for a driver's license.

History. Acts 1987, No. 598, § 2; 2013, No. 1073, § 37.

Amendments. The 2013 amendment deleted “Department of Education and the” preceding “Department of Arkansas State Police” and “Department of Education Driver Education and Training Program and the” preceding “Driver's Manual” in the first sentence, and substituted “department” for “Department of Arkansas State Police” in the second sentence.

27-18-108. Instruction manual.

The driver's instruction manual of the Department of Arkansas State Police issued to persons who are preparing to take a driver's license examination shall include information on driver and highway safety matters, including:

  1. The effects of the consumption of beverage alcohol products and the use of illegal drugs, prescription drugs, and nonprescription drugs on the ability of a person to operate a motor vehicle;
  2. The hazards of driving while under the influence;
  3. The penalties for driving while under the influence;
  4. The effect and hazards of discarding litter upon or along the public highways of Arkansas and the penalties for violations of the Litter Control Act, § 8-6-401 et seq.; and
  5. The effects and hazards of unsafe driving through highway work zones and the penalties for violations for driving unsafely through highway work zones.

History. Acts 1995, No. 711, § 1; 1995, No. 1105, § 1; 2001, No. 853, § 1.

27-18-109. Driver's instruction manual.

  1. The driver's instruction manual issued by the Department of Arkansas State Police shall include information related to organ and tissue donation education.
  2. The Department of Arkansas State Police may coordinate with the Department of Health and the Arkansas Regional Organ Recovery Agency in developing information to include in the manual.
  3. Information regarding organ donation education shall be included in the manual in the first reprinting and subsequent reprintings of the manual following passage of this section, § 6-16-501, and § 21-4-215.

History. Acts 2003, No. 546, § 2.

Publisher's Notes. In reference to the term “passage of this section,” in subsection (c), Acts 2003, No. 546, § 2 became effective on July 16, 2003.

27-18-110. Instruction on accessible parking for persons with disabilities.

  1. The driver's instruction manual issued by the Department of Arkansas State Police shall include information related to accessible parking for a person with a disability, including without limitation:
    1. The importance of accessible parking for a person with a disability; and
    2. The penalties for the unauthorized use of parking designated for the exclusive use of a person with a disability.
  2. The department may coordinate with the Arkansas Governor's Commission on People with Disabilities in developing information to include in the manual.

History. Acts 2007, No. 753, § 6.

27-18-111. Instruction on traffic stop safety.

  1. The driver's instruction manual issued by the Division of Arkansas State Police and the examination for a driver's license shall include information related to traffic stop safety guidelines for drivers and passengers developed by the division.
  2. The division may determine the most effective means to disseminate information regarding traffic stop safety guidelines, including without limitation posting information on the website of the division.

History. Acts 2017, No. 490, § 3.

A.C.R.C. Notes. Acts 2017, No. 490, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) Every traffic stop, even for the most common traffic violation, may potentially be dangerous for the driver, passenger, or law enforcement officer;

“(2) While law enforcement officers are thoroughly trained in traffic stop safety, drivers and passengers are often not; and

“(3) It is necessary to establish standard traffic stop safety guidelines for drivers and passengers to help ensure the safety of drivers and passengers.”

Acts 2017, No. 490, § 4, provided: “The traffic stop safety guidelines for drivers and passengers developed by the Department of Arkansas State Police are not required to be included in the driver's instruction manual and driver's license written test until the next time the department revises the driver's instruction manual and driver's license written test.”

Chapter 19 Motor Vehicle Safety Responsibility Act

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 190 et seq.

Ark. L. Rev.

Motor Vehicle Safety Responsibility, 5 Ark. L. Rev. 395.

Motor Vehicle Safety Responsibility Act, 7 Ark. L. Rev. 351.

Legislative Note: Uninsured Motorist Clause, 19 Ark. L. Rev. 377.

Procedure — Discovery — Amount of Adversary's Insurance, 20 Ark. L. Rev. 376.

Note, Shelter Mutual Insurance Co. v. Irvin — The Arkansas Supreme Court's Retroactive Application of the Amended Underinsured Motorist Act, 46 Ark. L. Rev. 737.

C.J.S. 60 C.J.S., Motor Veh., §§ 316-323.

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

Applicability.

Requirements of the financial responsibility law relating to conditions of insurance policies only apply to policies which are issued as proof of financial responsibility under this chapter. M.F.A. Mut. Ins. Co. v. Mullin, 156 F. Supp. 445 (W.D. Ark. 1957).

Insurance provisions of Arkansas Financial Responsibility Act apply only to persons who have been convicted of, or forfeited bail for, certain offenses under motor vehicle laws or have failed to pay judgments on causes of actions arising out of ownership, maintenance, or use of registrable vehicles. Aetna Cas. & Sur. Co. v. Simpson, 228 Ark. 157, 306 S.W.2d 117 (1957).

Recovery for Minimum Limit.

Where a plaintiff collects only a portion of the minimum from a joint tortfeasor or any other responsible persons or organization, he may collect the balance up to the minimum from his uninsured motorist carrier, since an individual is entitled to only one recovery for the minimum limit of the Financial Responsibility Act. Black v. Farm Bureau Mut. Ins. Co., 272 Ark. 406, 614 S.W.2d 937 (1981).

Taxicab Liability.

The provisions of this chapter did not repeal § 27-14-1501 relating to taxicab liability coverage requirements. Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

Cited: General Am. Cas. Co. v. Austin, 125 F. Supp. 721 (E.D. Ark. 1954); Swan v. Estate of Monette ex rel. Monette, 265 F. Supp. 362 (W.D. Ark. 1967); Pinkus v. Southern Farm Bureau Cas. Ins. Co., 292 F. Supp. 141 (E.D. Ark. 1968); Alexander v. Pilot Fire & Cas. Ins. Co., 331 F. Supp. 561 (E.D. Ark. 1971); Salley v. Central Ark. Transit Auth., 326 Ark. 804, 934 S.W.2d 510 (1996).

Subchapter 1 — General Provisions

Effective Dates. Acts 1987, No. 590, § 6: Apr. 4, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the escalating costs of automobile liability insurance premiums for the political subdivisions and municipalities of the State of Arkansas drains the financial resources of these local governments and that financial problems of local governments threaten the delivery of vital services to the citizens of this State and that by self-insuring their motor vehicles local governments may relieve themselves of this financial burden. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 1272, § 29: Apr. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the present insurance laws, and motor vehicle laws on the automobile assigned risk plan, are inadequate for the protection of the public; and the immediate passage of this Insurance Omnibus Act is necessary in order to provide for the protection of the public. Therefore, an emergency is hereby declared to exist and this Insurance Omnibus Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-19-101. Title.

This chapter may be cited as the “Motor Vehicle Safety Responsibility Act”.

History. Acts 1953, No. 347, § 94; A.S.A. 1947, § 75-1493.

A.C.R.C. Notes. This act has been substantially modified, amended, and repealed by the Arkansas General Assembly so that it is questionable whether it is still uniform legislation.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Changes to Motor Vehicle Safety Responsibility Act, 26 U. Ark. Little Rock L. Rev. 503, 509.

Case Notes

In General.

Motor Vehicle Liability Insurance Act, § 27-22-101, et seq., is supplemental to and cumulative to the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Trial court did not err when it dismissed a negligence suit brought by injured motorist against the owner of an uninsured motorcycle that was being driven by someone else at the time of the accident because the motorist had failed to state a claim under the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq., or the Motor Vehicle Liability Insurance Act, § 27-22-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Cited: Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989); Hawkins v. State Farm Fire & Cas. Co., 302 Ark. 582, 792 S.W.2d 307 (1990); City of Caddo Valley v. George, 340 Ark. 203, 9 S.W.3d 481 (2000); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-102. Construction.

  1. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
  2. Subchapter and section headings contained in this chapter shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any subchapter or section of this chapter.

History. Acts 1953, No. 347, §§ 85, 92; A.S.A. 1947, §§ 75-1485, 75-1492.

27-19-103. Civil actions not precluded.

Nothing in this chapter shall be construed as preventing the plaintiff in any civil action from relying for relief upon the other processes provided by law.

History. Acts 1953, No. 347, § 91; A.S.A. 1947, § 75-1491.

27-19-104. Provisions deemed supplemental.

This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.

History. Acts 1953, No. 347, § 89; A.S.A. 1947, § 75-1489.

Case Notes

Taxicab Liability.

This section did not repeal § 27-14-1501 relating to taxicab liability coverage requirements. Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

27-19-105. Nonapplicable to vehicles insured under other laws.

Except for §§ 27-19-501, 27-19-503, and 27-19-718, this chapter shall not apply with respect to any vehicle which is subject to the requirements of laws of this state requiring insurance or other security on motor vehicles.

History. Acts 1953, No. 347, § 87; A.S.A. 1947, § 75-1487.

Case Notes

Taxicab Liability.

This section did not repeal § 27-14-1501 relating to taxicab liability coverage requirements. Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

27-19-106. Assigned risk plans.

    1. After consultation with the insurance companies authorized to issue automobile liability policies or automobile physical damage policies in this state, the Insurance Commissioner shall approve a reasonable plan, fair to the insurers and equitable to their policyholders, for the apportionment among the companies of applicants for policies of automobile liability or automobile physical damage, who are in good faith entitled to but are unable to procure the policy or policies through ordinary methods.
    2. The commissioner may also include within the plan and require the insurance companies to provide those applicants referred to in this section with policies affording additional coverage for medical benefits up to five hundred dollars ($500) per occupant and uninsured motorist coverage in amounts as the commissioner may by plan prescribe, so as to afford a comprehensive minimum package of insurance coverage.
    3. When any such plan has been approved, all the insurance companies shall subscribe thereto and participate therein.
      1. Any applicant for such policy, any person insured under any such plan, and any insurance company affected, may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate the plan.
      2. At the conclusion, the plan shall prepare a memorandum of decision and a written transcript of its proceedings and deliberations as to the applicant, insured or insurer.
      3. Upon any subsequent appeal to the commissioner, he or she shall be furnished the written transcript of the proceedings before the plan and the written memorandum of decision.
      4. The commissioner shall, within thirty (30) days after submission of the transcript and memorandum of decision, render his or her decision on the appeal, which decision shall be based on the transcript and memorandum of decision submitted.
      5. The commissioner shall promptly notify the plan and the appellant applicant, insured or insurer, in writing of his or her decision on appeal.
      1. Any order or act of the commissioner under the provisions of this section shall be subject to review by appeal to the Pulaski County Circuit Court at the instance of any party in interest.
      2. The court shall determine whether the filing of the appeal shall operate as a stay of any order or act of the commissioner, and the court shall summarily hear the matter.
      3. The court may, in disposing of the issue before it, modify, affirm, or reverse the order or act of the commissioner in whole or in part.
  1. In the courts of this state, the plan may sue and be sued in its own name.

History. Acts 1953, No. 347, § 86; 1969, No. 401, § 1; 1971, No. 219, § 1; A.S.A. 1947, § 75-1486; Acts 1995, No. 1272, §§ 22, 23.

Case Notes

Cited: Manufacturers Cas. Ins. Co. v. Hughes, 229 Ark. 503, 316 S.W.2d 827 (1958).

27-19-107. Self-insurers.

  1. Any religious denomination which has more than twenty-five (25) members who own motor vehicles registered in this state and which prohibits its members from purchasing insurance of any form as being contrary to its religious tenets, or any person in whose name more than twenty-five (25) vehicles are registered in this state or any political subdivision or municipality of this state, individually or collectively, may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Office of Motor Vehicle as provided in subsection (b) of this section.
    1. The office may, in its discretion, upon the application of the religious denomination, person, political subdivision, or municipality, individually or collectively, issue a certificate of self-insurance when it is satisfied that the religious denomination, person, political subdivision, or municipality is possessed and will continue to be possessed of ability to pay judgments against them.
    2. The certificate may be issued authorizing a religious denomination, person, political subdivision, or municipality, individually or collectively, to act as a self-insurer for either property damage or bodily injury, or both.
    1. Upon not less than five (5) days' notice and a hearing pursuant to the notice, the office may, upon reasonable grounds, cancel a certificate of self-insurance.
    2. Failure to pay any judgment within thirty (30) days after the judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.

History. Acts 1953, No. 347, § 88; A.S.A. 1947, § 75-1488; Acts 1987, No. 590, § 4; 1989, No. 189, § 1.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

U. Ark. Little Rock L. Rev.

Oliver, None for the Road: Addressing the Problem of Uninsured Vehicles and Drivers in Arkansas, 21 U. Ark. Little Rock L. Rev. 167.

Case Notes

Cited: Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Subchapter 2 — Definitions

Effective Dates. Acts 1987, No. 590, § 6: Apr. 4, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the escalating costs of automobile liability insurance premiums for the political subdivisions and municipalities of the State of Arkansas drain the financial resources of these local governments and that financial problems of local governments threaten the delivery of vital services to the citizens of this State and that by self-insuring their motor vehicles local governments may relieve themselves of this financial burden. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-19-201. Definitions generally.

As used in this chapter, the words and phrases defined in this subchapter shall have the meanings respectively ascribed to them, unless the context otherwise requires.

History. Acts 1953, No. 347, § 1; A.S.A. 1947, § 75-1401.

27-19-202. Commissioner.

“Commissioner” means the Secretary of the Department of Finance and Administration acting in his or her capacity as Commissioner of Motor Vehicles of this state.

History. Acts 1953, No. 347, § 3; A.S.A. 1947, § 75-1403; Acts 2019, No. 910, § 4684.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-19-203. Chauffeur.

“Chauffeur” means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property except a person who operates a motor vehicle as a public or common carrier of persons over a regular route on a fixed schedule within the limits of any city or town or over a regular route on a fixed schedule between cities and towns where the boundaries between them are not more distant than five (5) miles.

History. Acts 1953, No. 347, § 2; 1959, No. 307, § 2; A.S.A. 1947, § 75-1402.

Case Notes

Cited: Hardin v. City of DeValls Bluff, 256 Ark. 480, 508 S.W.2d 559 (1974).

27-19-204. Driver.

“Driver” means every person who drives or is in actual physical control of a vehicle.

History. Acts 1953, No. 347, § 5; A.S.A. 1947, § 75-1405.

27-19-205. License.

“License” means any operator's or chauffeur's license or any other license or permit to operate a motor vehicle issued under the laws of this state, including:

  1. Any temporary license or instruction permit;
  2. The privilege of any person to drive a motor vehicle whether or not the person holds a valid license; and
  3. Any nonresident's operating privilege as defined in § 27-19-208.

History. Acts 1953, No. 347, § 6; A.S.A. 1947, § 75-1406.

27-19-206. Motor vehicle.

“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

History. Acts 1953, No. 347, § 7; A.S.A. 1947, § 75-1407.

Case Notes

Insurance.

Where an insurance policy definition limits “motor vehicle” to one “designed to be used” (not merely used) on public roads, such a definition is narrower than that contemplated by Arkansas's statutory law; a vehicle defined as a motor vehicle under Arkansas law may not come within the policy's definition of motor vehicle. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

Summary judgment was improperly granted in favor of a city and its employee in a negligence action based on governmental immunity where there was a genuine issue of material fact as to whether the operation of the loader on public roads was frequent and regular or merely incidental, and thus, whether the front-end loader was exempted from the statutory definition of “motor vehicle.” Spears v. City of Fordyce, 351 Ark. 305, 92 S.W.3d 38 (2002).

Motorcycles.

The word “automobile” does not include motorcycles in view of the legislative intent reflected in the Arkansas Motor Vehicle Safety Responsibility Act. Phillips ex rel. Phillips v. Midwest Mut. Ins. Co., 329 F. Supp. 853 (W.D. Ark. 1971).

Trail Vehicle.

A Trail 70 vehicle with a 70 cc engine is a motor vehicle (motor-driven cycle), and, when used upon public streets, is subject to Arkansas's registration and licensing laws. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

Cited: Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

27-19-207. Nonresident.

“Nonresident” means every person who is not a resident of this state.

History. Acts 1953, No. 347, § 8; A.S.A. 1947, § 75-1408.

27-19-208. Nonresident's operating privilege.

“Nonresident's operating privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by the person of a motor vehicle or the use of a vehicle owned by the person, in this state.

History. Acts 1953, No. 347, § 9; A.S.A. 1947, § 75-1409.

27-19-209. Office.

“Office” means the Office of Driver Services of this state.

History. Acts 1953, No. 347, § 4; A.S.A. 1947, § 75-1404.

27-19-210. Operator.

“Operator” means every person other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

History. Acts 1953, No. 347, § 10; A.S.A. 1947, § 75-1410.

27-19-211. Owner.

“Owner” means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

History. Acts 1953, No. 347, § 11; A.S.A. 1947, § 75-1411.

27-19-212. Person.

“Person” means every natural person, firm, copartnership, association, corporation, or any political subdivision of the State of Arkansas, individually or collectively, which shall include all counties, municipal corporations, public transit authorities, school districts, special improvement districts, and any other political subdivision.

History. Acts 1953, No. 347, § 12; A.S.A. 1947, § 75-1412; Acts 1987, No. 590, § 3.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

Cited: Salley v. Central Ark. Transit Auth., 326 Ark. 804, 934 S.W.2d 510 (1996).

27-19-213. Registration.

“Registration” means the registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.

History. Acts 1953, No. 347, § 13; A.S.A. 1947, § 75-1413.

27-19-214. Vehicle.

“Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

History. Acts 1953, No. 347, § 14; A.S.A. 1947, § 75-1414.

Subchapter 3 — Penalties and Administrative Sanctions

Effective Dates. Acts 1973, No. 585, § 7: Apr. 3, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments by courts, the revocation and suspension of motor vehicle operator and chauffeur licenses and vehicle licenses under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 1007, § 15: Apr. 22, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments, the suspension of driver's licenses and motor vehicle license under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-19-301. Penalty generally.

Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500) or imprisoned not more than ninety (90) days, or both.

History. Acts 1953, No. 347, § 84; A.S.A. 1947, § 75-1484.

27-19-302. Penalty for failure to report accident.

Failure to report a motor vehicle accident or to furnish additional information as required under §§ 27-19-501, 27-19-507, and 27-19-509, shall be punished by a fine not in excess of one hundred dollars ($100).

History. Acts 1953, No. 347, § 80; A.S.A. 1947, § 75-1480.

27-19-303. Penalty for erroneous report or forgery.

Any person who gives information required in a report or otherwise required for such purpose knowing or having reason to believe that the information is false or who shall forge, or, without authority, sign any evidence of proof of financial responsibility for the future or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both.

History. Acts 1953, No. 347, § 81; A.S.A. 1947, § 75-1481.

27-19-304. Penalty for operating motor vehicle when license or registration suspended or revoked.

Any person whose license or registration has been suspended or revoked under this chapter and who, during the suspension or revocation, drives any motor vehicle upon any highway or knowingly permits any vehicle of a type subject to registration under the laws of this state owned by the person to be operated by another upon any highway, except as permitted under this chapter, shall be fined not more than five hundred dollars ($500) or imprisoned not exceeding six (6) months, or both.

History. Acts 1953, No. 347, § 82; A.S.A. 1947, § 75-1482.

27-19-305. Penalty for failure to return license or registration.

Any person willfully failing to return license or registration as required in § 27-19-306 shall be fined not more than five hundred dollars ($500) or imprisoned not to exceed thirty (30) days, or both.

History. Acts 1953, No. 347, § 83; A.S.A. 1947, § 75-1483.

27-19-306. Surrender of license and registration.

  1. Any person whose license or registration shall have been suspended under any provisions of this chapter, or whose policy of insurance or bond, when required under this chapter shall have been cancelled or terminated, shall immediately return his or her license and registration to the Office of Driver Services.
  2. If any person shall fail to return to the office the license or registration as provided in this section, the office may direct any peace officer or person so designated by the office to secure possession thereof and to return it to the office.

History. Acts 1953, No. 347, § 79; 1973, No. 585, § 6; 1975, No. 1007, § 14; A.S.A. 1947, § 75-1479.

Case Notes

Power to Suspend or Revoke.

Commissioner of Motor Vehicles has absolute power to suspend or revoke the licenses of drivers involved in accidents without any showing of negligence on their part, and provisions of state or federal constitutions are not violated thereby. Franklin v. Scurlock, 224 Ark. 168, 272 S.W.2d 62 (1954).

27-19-307. Transfer of registration to defeat provisions prohibited.

  1. If an owner's registration has been suspended under this chapter, the registration shall not be transferred nor the vehicle in respect to which the registration was issued be registered in any other name until the Office of Driver Services is satisfied that the transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter.
  2. Nothing in this section shall in any wise affect the rights of any conditional vendor, chattel mortgagee, or lessor of a vehicle registered in the name of another as owner who becomes subject to the provisions of this chapter.
  3. The office shall suspend the registration of any vehicle transferred in violation of the provisions of this section.

History. Acts 1953, No. 347, § 78; A.S.A. 1947, § 75-1478.

Subchapter 4 — Administration

Effective Dates. Acts 1973, No. 46, § 3: Feb. 1, 1973. Emergency clause provided: “The General Assembly has determined that the U. S. Supreme Court Decision styled Bell vs. Burson requires hearings prior to suspension under the Financial Responsibility Law of this State; that there are no provisions for said hearings under the present Financial Responsibility Law of this State; and that, therefore, this has created doubt and confusion. The Department at present has no statutory authority to conduct said hearings. An emergency, therefore, is declared to exist and this Act shall take effect immediately from and after its passage and approval.”

Acts 1975, No. 1007, § 15: Apr. 22, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments, the suspension of driver's licenses and motor vehicle license under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 976, § 6: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that hearings conducted by the Office of Driver Services should not be subject to the Arkansas Administrative Procedure Act and furthermore that a uniform method should be adopted for appeals from the decisions rendered by the Office of Driver Services concerning the denial, suspension, revocation or posting of security by a licensee or other interested party. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, this Act shall be in effect from the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-19-401. Responsibility.

The Secretary of the Department of Finance and Administration shall administer and enforce the provisions of this chapter.

History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415; Acts 2019, No. 910, § 4685.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-19-402. Rules.

The Secretary of the Department of Finance and Administration may make rules necessary for the administration of this chapter.

History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415; Acts 2019, No. 315, § 3119; 2019, No. 910, § 4686.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-19-403. Forms.

The Secretary of the Department of Finance and Administration shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter.

History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415; Acts 2019, No. 910, § 4687.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-19-404. Procedure for suspension of license.

No suspension provided for under any of the provisions of this chapter shall be issued by the Office of Driver Services until the following provisions of this section have been complied with:

  1. The Office of Driver Services shall incorporate in its notice of security requirement or suspension a warning that the licensee has the right to a hearing if he or she desires a hearing prior to the suspension of his or her license;
  2. The only subject to be considered at this hearing shall be whether or not there is a reasonable possibility that a judgment could be rendered against the licensee in a lawsuit arising out of the accident;
  3. A hearing officer appointed by the Secretary of the Department of Finance and Administration shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for the hearings. The hearing shall be in the office of the Revenue Division in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call;
    1. The licensee may, if he or she wishes, submit his or her cause to the Office of Driver Services for determination upon the investigating officer's report, thereby waiving a formal hearing.
    2. The determination shall have all of the force and effect of a formal hearing;
  4. Any licensee desiring a hearing under the provisions of this section shall notify the Department of Finance and Administration in writing within twenty (20) days of receipt of the notice of security requirement or suspension. Hearings conducted under this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and
    1. The licensee may request a hearing after the twenty-day period has passed.
    2. If the hearing is requested after the order of suspension has gone into effect, the request will not operate as a stay of the order of suspension which will remain in effect and be terminated only in the event a decision favorable to the licensee is rendered at the hearing.

History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415; Acts 1987, No. 976, § 3; 2001, No. 1057, § 2; 2019, No. 910, § 4688.

Amendments. The 2019 amendment, in (3), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director” twice.

27-19-405. Requests of persons aggrieved.

The Secretary of the Department of Finance and Administration shall receive and consider any pertinent information upon request of persons aggrieved by his or her orders or acts under any of the provisions of this chapter.

History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415; Acts 2019, No. 910, § 4689.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-19-406. Operating record to be furnished.

  1. The Office of Driver Services shall, upon request, furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which shall include enumeration of any motor vehicle accidents in which the person has been involved and reference to any convictions of the person for violation of the motor vehicle laws as reported to the office, and a record of any vehicles registered in the name of the person.
  2. The office shall collect for each abstract the sum of fifty cents (50¢) for each page.

History. Acts 1953, No. 347, § 17; A.S.A. 1947, § 75-1417.

27-19-407. Public inspection of records.

All records of the Office of Driver Services shall be open to public inspection at any reasonable time.

History. Acts 1953, No. 347, § 17; A.S.A. 1947, § 75-1417.

27-19-408. Court review.

  1. Any order or act of the Secretary of the Department of Finance and Administration under the provisions of this chapter shall be subject to a de novo petition of review in the circuit court of the district in which any party of interest resides.
  2. The filing of a petition of review shall not operate as an automatic stay of any order or act of the secretary.
  3. A determination shall be made by the circuit judge on the issue of whether a stay should be granted.
  4. The circuit judge is vested with the jurisdiction to determine whether the petitioner is entitled to a license or whether the act or order of the secretary should be affirmed, modified, or reversed.

History. Acts 1953, No. 347, § 16; 1975, No. 1007, § 1; A.S.A. 1947, § 75-1416; Acts 1987, No. 976, § 4; 2019, No. 910, §§ 4690, 4691.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (d).

Case Notes

Cited: Larey v. Morris, 245 Ark. 453, 432 S.W.2d 861 (1968).

Subchapter 5 — Accident Reports

Effective Dates. Acts 1973, No. 585, § 7: Apr. 3, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments by courts, the revocation and suspension of motor vehicle operator and chauffeur licenses and vehicle licenses under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 1007, § 15: Apr. 22, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments, the suspension of driver's licenses and motor vehicle license under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-19-501. Report required.

The driver of a vehicle of a type subject to registration under the motor vehicle laws of this state that is in any manner involved in an accident within this state which accident has resulted in damage to the property of any one (1) person in excess of one thousand dollars ($1,000) or in bodily injury to or in the death of any person shall report the accident to the Office of Driver Services within thirty (30) days after the accident on an electronic or paper form approved by the Secretary of the Department of Finance and Administration subject to the exemptions provided in §§ 27-19-509 and 27-19-604.

History. Acts 1953, No. 347, § 18; 1973, No. 334, § 1; 1975, No. 1007, § 2; A.S.A. 1947, § 75-1418; Acts 1991, No. 721, § 1; 2001, No. 1156, § 1; 2005, No. 199, § 1; 2019, No. 910, § 4692.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Cross References. Report of vehicle accidents required, § 27-53-202.

Case Notes

Applicability.

Operator of a motor vehicle, not the owner of a motor vehicle, was the person responsible for reporting an accident and for filing proof of insurance, and the operator could be liable for penalties for his failure to do so; any action taken by an enforcement agency against an operator for non-compliance could not be used in a subsequent civil proceeding. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Cited: Davis v. Southern Farm Bureau Cas. Ins. Co., 231 Ark. 211, 330 S.W.2d 276 (1959); Halliman v. Stiles, 250 Ark. 249, 464 S.W.2d 573 (1971); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-502. Form of report.

The form of accident report prescribed by the Office of Driver Services shall contain information sufficient to enable the office to determine whether the requirements for the deposit of security under this chapter are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter.

History. Acts 1953, No. 347, § 19; 1963, No. 180, § 1; 1973, No. 585, § 1; A.S.A. 1947, § 75-1419.

Case Notes

In General.

This section provides an alternative method of protecting one's driving privilege and of satisfying the statutory requirements for the deposit of security when an accident occurs. Looney v. Allstate Ins. Co., 392 F.2d 401 (8th Cir. 1968).

27-19-503. Presumption of uninsured.

There shall be a presumption created that a motorist and the vehicle the motorist is operating are uninsured if the motorist has failed within ninety (90) days of the date of an accident to file or cause to be filed in his or her behalf a certificate proving that the motorist or the vehicle the motorist is operating is insured in at least minimum insurance limits as required by law, and any person alleging or contending that the motorist or the vehicle the motorist is operating is insured shall have the burden of proving that coverage.

History. Acts 1953, No. 347, § 18; 1973, No. 334, § 1; 1975, No. 1007, § 2; A.S.A. 1947, § 75-1418; Acts 2003, No. 1043, § 1.

Cross References. Accidents generally, § 27-53-101 et seq.

Case Notes

Constitutionality.

This section is not unconstitutional because there is a rational connection between the proof that a person has not filed a certificate of insurance as required by law and the presumption that the person is therefore uninsured. Throesch v. United States Fid. & Guar. Co., 100 F. Supp. 2d 934 (E.D. Ark. 2000), aff'd in part, reversed in part, 255 F.3d 551 (8th Cir. 2001).

Where defendant pointed to no rules of civil procedure which would conflict with the presumption of being uninsured created in this section by the Arkansas General Assembly, the section is not unconstitutional based on any separation of powers concerns. Throesch v. United States Fid. & Guar. Co., 100 F. Supp. 2d 934 (E.D. Ark. 2000), aff'd in part, reversed in part, 255 F.3d 551 (8th Cir. 2001).

In General.

This section creates a presumption of “uninsured” status which extends beyond the narrow purposes of the Motor Vehicle Safety Responsibility Act to the Uninsured Motorist Act. Throesch v. United States Fid. & Guar. Co., 100 F. Supp. 2d 934 (E.D. Ark. 2000), aff'd in part, reversed in part, 255 F.3d 551 (8th Cir. 2001).

Summary judgment was properly awarded to insurers in a motor vehicle passenger's action to recover uninsured motorist benefits after a car in which the passenger was riding was involved in an accident where Acts 2003, chapter 1043, amending this section, did not amend § 23-89-403. The law under this section remained that a plaintiff had to prove that the other vehicle was uninsured. Kelley v. USAA Cas. Ins. Co., 371 Ark. 344, 266 S.W.3d 734 (2007).

Construction.

The presumption created by this section addresses the insurance coverage of both the driver of the vehicle and the vehicle's owner. Throesch v. United States Fid. & Guar. Co., 100 F. Supp. 2d 934 (E.D. Ark. 2000), aff'd in part, reversed in part, 255 F.3d 551 (8th Cir. 2001).

This section does not create a presumption that a vehicle was uninsured; the statutory presumption applies only to motorists, not to vehicles. Throesch v. United States Fid. & Guar. Co., 255 F.3d 551 (8th Cir. 2001).

Where an unidentified vehicle that left the scene caused plaintiff motorist to run off the road and wreck but did not have physical contact with plaintiff's vehicle, the circuit court correctly followed case law by rejecting plaintiff's argument that failure to comply with this section created a presumption that the unidentified vehicle was uninsured for purposes of uninsured-vehicle insurance coverage, and the circuit court correctly declined to allow a jury to speculate that the other vehicle was uninsured merely because it left the scene. Konecny v. Federated Rural Elec. Ins. Exch., 2019 Ark. App. 452, 588 S.W.3d 349 (2019).

Policy Language.

Under language of the automobile insurance policy in question, the hit-and-run vehicle must “hit” the plaintiff for coverage under the hit-and-run provision of the policy to apply. Throesch v. United States Fid. & Guar. Co., 100 F. Supp. 2d 934 (E.D. Ark. 2000), aff'd in part, reversed in part, 255 F.3d 551 (8th Cir. 2001).

Cited: Davis v. Southern Farm Bureau Cas. Ins. Co., 231 Ark. 211, 330 S.W.2d 276 (1959); Halliman v. Stiles, 250 Ark. 249, 464 S.W.2d 573 (1971); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-504. Proof of insurance.

The existence of insurance must be proved by means of an insurance report, which shall be on an electronic or paper form approved by the Office of Driver Services.

History. Acts 1953, No. 347, § 19; 1963, No. 180, § 1; 1973, No. 585, § 1; A.S.A. 1947, § 75-1419; Acts 2001, No. 1156, § 2.

27-19-505. Insurance report.

Unless filed electronically, the insurance report must be signed in ink and forwarded to the Office of Driver Services by the liability insurance carrier or an authorized agent of the insurance carrier within fifty (50) days of the date of the accident.

History. Acts 1953, No. 347, § 19; 1963, No. 180, § 1; 1973, No. 585, § 1; A.S.A. 1947, § 75-1419; Acts 2001, No. 1156, § 3.

Case Notes

Effect of Filing.

The filing of an SR 21 form by an insurance company does not constitute an estoppel or waiver of any noncoverage defense it might have under the policy. Looney v. Allstate Ins. Co., 392 F.2d 401 (8th Cir. 1968).

Erroneous Filing.

The filing of an SR 21 form by an insurance company mistakenly believing it was liable under policy did not bind the company to provide coverage after it discovered it was not liable. Looney v. Allstate Ins. Co., 392 F.2d 401 (8th Cir. 1968).

27-19-506. Failure of insurance carrier to file reports.

When the Office of Driver Services has determined that an insurance carrier has failed to file insurance reports within the required fifty (50) days, the office shall, in its discretion, determine whether the insurance carrier is negligent in filing the required reports and may refuse to accept any further filings of proof of financial responsibility from the insurance carrier.

History. Acts 1953, No. 347, § 19; 1963, No. 180, § 1; 1973, No. 585, § 1; A.S.A. 1947, § 75-1419.

27-19-507. Additional information.

The driver or the owner of the vehicle involved in the accident shall furnish any additional revenue information as the Office of Driver Services may require.

History. Acts 1953, No. 347, § 21; A.S.A. 1947, § 75-1421.

27-19-508. Suspension for failure to report.

The Office of Driver Services is authorized, in its discretion, to suspend the license of any person who fails to report an accident or to give correct information in connection with the report as required by the office until the report has been filed and for a further period, not to exceed thirty (30) days, as the office may determine.

History. Acts 1953, No. 347, § 22; A.S.A. 1947, § 75-1422.

Case Notes

In General.

Operator of a motor vehicle, not the owner of a motor vehicle, was the person responsible for reporting an accident and for filing proof of insurance, and the operator could be liable for penalties for his failure to do so; any action taken by an enforcement agency against an operator for non-compliance could not be used in a subsequent civil proceeding. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-509. Incapacity to report.

  1. An accident report is not required under this subchapter from any person who is physically incapable of making a report during the period of incapacity.
  2. If any driver is physically incapable of making a required accident report and is not the owner of the vehicle involved in the accident, then the owner of the vehicle shall, within five (5) days after he or she learns of the accident, make the report not made by the driver.

History. Acts 1953, No. 347, § 20; A.S.A. 1947, § 75-1420.

Case Notes

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-510. Confidentiality of information.

Accident reports and supplemental information in connection therewith required under this subchapter may be examined by any person named in the report or his or her representative designated in writing but shall not be open to general public inspection, nor shall copying of lists of accident reports be permitted.

History. Acts 1953, No. 347, § 23; A.S.A. 1947, § 75-1423.

Subchapter 6 — Security Following Accident

Effective Dates. Acts 1973, No. 499, § 2: Mar. 29, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law requiring that security be deposited in all cases of motor vehicle accidents involving One Hundred Dollars ($100) or more property damage and providing for suspension of license for failure to deposit security, is unduly restrictive and places an unwarranted hardship on the citizens of this State, and that this situation should be corrected immediately by raising such One Hundred Dollar ($100) limitation to Two Hundred Fifty Dollars ($250). Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1973, No. 585, § 7: Apr. 3, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments by courts, the revocation and suspension of motor vehicle operator and chauffeur licenses and vehicle licenses under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 1007, § 15: Apr. 22, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments, the suspension of driver's licenses and motor vehicle license under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2007, No. 485, § 9: Jan. 1, 2008.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-19-601. Applicability generally.

The provisions of this subchapter requiring deposit of security and suspensions for failure to deposit security, subject to certain exemptions, shall apply to the driver and owner of any vehicle of a type subject to registration under the motor vehicle laws of this state which is in any manner involved in an accident within this state, which accident has resulted in bodily injury to or death of any person or damage to the property of any one (1) person in excess of five hundred dollars ($500).

History. Acts 1953, No. 347, § 24; 1973, No. 499, § 1; A.S.A. 1947, § 75-1424; Acts 1991, No. 721, § 2.

Case Notes

Cited: Davis v. Southern Farm Bureau Cas. Ins. Co., 231 Ark. 211, 330 S.W.2d 276 (1959); Looney v. Allstate Ins. Co., 392 F.2d 401 (8th Cir. 1968); Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989); Payne v. Farm Bureau Mut. Ins. Co., 298 Ark. 540, 768 S.W.2d 543 (1989); Automobile Club Inter-Insurance Exch. v. State Farm Mut. Auto. Ins. Co., 302 Ark. 78, 787 S.W.2d 237 (1990).

27-19-602. Applicability to nonresidents, unlicensed drivers, unregistered vehicles, and accidents in other states.

  1. In case the driver or the owner of a vehicle of a type subject to registration under the laws of this state involved in an accident within this state has no license or registration in this state, then the driver shall not be allowed a license, nor shall the owner be allowed to register any vehicle in this state until he or she has complied with the requirements of this subchapter, to the same extent that would be necessary if, at the time of the accident, he or she had held a license or been the owner of a vehicle registered in this state.
  2. When a nonresident's operating privilege is suspended pursuant to § 27-19-610, the Office of Driver Services shall transmit a certified copy of the record of the action to the official in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of the other state provides for action in relation thereto similar to that provided for in subsection (c) of this section.
    1. Upon receipt of certification that the operating privilege of a resident of this state has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the office to suspend a nonresident's operating privilege had the accident occurred in this state, the office shall suspend the license of the resident if he or she was the driver and all of his or her registrations if he or she was the owner of a motor vehicle involved in the accident.
    2. The suspension shall continue until the resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of the security.

History. Acts 1953, No. 347, § 36; A.S.A. 1947, § 75-1436.

27-19-603. Determination and notice of amount of security required.

    1. Within thirty (30) days after an accident has occurred, and provided the accident has been reported to the Office of Driver Services within thirty (30) days, the office shall determine the amount of security which shall be deposited to satisfy any judgment for damages resulting from the accident as may be recovered against each driver or owner based on an amount equal to the minimum limits specified in § 27-19-605. The amount of security required to be deposited shall be:
      1. If the accident resulted in bodily injury or death to one (1) person, twenty-five thousand dollars ($25,000);
      2. If the accident resulted in bodily injury or death to two (2) or more persons in any one (1) accident, fifty thousand dollars ($50,000);
      3. If the accident resulted in the injury to or the destruction of property of others in any one (1) accident, twenty-five thousand dollars ($25,000); or
      4. If the accident resulted in both bodily injury or death and in the destruction of property, a combination of the amounts specified in subdivisions (a)(1)(A)-(C) of this section.
    2. Determination shall not be made with respect to drivers or owners who are exempt under provisions of any other section of this chapter from the requirements as to security or suspension of motor vehicle registration and driving privilege.
    1. The office shall determine the amount of security deposit required of any person upon the basis of the reports or other information submitted. The office's determination shall be limited to whether the accident resulted in bodily injury or death to one (1) person or two (2) or more persons in any one (1) accident or to injury to or destruction of property of others in any one (1) accident, or a combination of these.
    2. In the event a person involved in an accident as described in this chapter fails to make a report or submit information indicating the existence of any injuries or damage to his or her property within thirty (30) days after the accident and the office has issued reasonable notice to the person if it is possible to give the notice, otherwise without notice, then the office shall not require any deposit of security for the benefit or protection of the person.
  1. The office, no sooner than fifty (50) days after the date of an accident as referred to in this chapter, and upon determining the amount of security to be required of any person involved in the accident or to be required of the owner of any vehicle involved in the accident, shall give written notice to every person of the amount of security required to be deposited by him or her and then an order of suspension will be made upon the expiration of twenty (20) days after the sending of the notice unless within that time security is deposited as required by the notice.

History. Acts 1953, No. 347, § 25; 1973, No. 585, § 2; 1975, No. 1007, § 3; A.S.A. 1947, § 75-1425; Acts 1993, No. 912, § 1; 1999, No. 1527, § 1.

Case Notes

Cited: Davis v. Southern Farm Bureau Cas. Ins. Co., 231 Ark. 211, 330 S.W.2d 276 (1959).

27-19-604. Exceptions to security requirement.

The requirements as to security and suspension in this subchapter shall not apply to:

  1. The driver or owner if the owner had in effect at the time of the accident an automobile liability policy or bond with respect to the vehicle and the driver's operation of the vehicle involved in the accident providing the minimum coverage required under § 27-22-104, except that a driver shall not be exempt under this subdivision (1) if at the time of the accident, the vehicle was being operated without the owner's permission, express or implied;
  2. The driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his or her driving of vehicles not owned by him or her;
  3. A driver or owner whose liability for damages resulting from the accident is, in the judgment of the Office of Driver Services, covered by any other form of liability insurance policy or bond;
  4. Any person qualifying as a self-insurer under § 27-19-107 or any person operating a vehicle for the self-insurer;
  5. The driver or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner;
  6. The driver or owner of a vehicle which at the time of the accident was parked, unless the vehicle was parked at a place where parking was at the time of the accident prohibited under any applicable law or ordinance;
  7. The owner of a vehicle if at the time of the accident the vehicle was being operated without his or her permission, express or implied, or was parked by a person who had been operating the vehicle without permission;
  8. The owner of a vehicle involved in an accident if at the time of the accident the vehicle was owned by or leased to the United States, this state, or any political subdivision of this state, or a municipality thereof, or the driver of the vehicle if operating the vehicle with permission; or
  9. The driver or the owner of a vehicle in the event at the time of the accident the vehicle was being operated by or under the direction of a police officer who, in the performance of his or her duties, shall have assumed custody of the vehicle.

History. Acts 1953, No. 347, § 26; A.S.A. 1947, § 75-1426; Acts 2007, No. 485, §§ 7, 9.

Case Notes

Public Vehicles.

The exclusion of subdivision (8) of this section does not render valid a similar exclusion in the uninsured motorist clause of an automobile insurance policy. Vaught v. State Farm Fire & Casualty Co., 413 F.2d 539 (8th Cir. 1969).

Cited: Looney v. Allstate Ins. Co., 392 F.2d 401 (8th Cir. 1968).

27-19-605. Requirements as to policy or bond.

  1. No policy or bond shall be effective under § 27-19-604 unless issued by an insurance company or surety company authorized to do business in this state except as provided in subsection (b) of this section, nor unless the policy or bond is subject, if the accident resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars ($25,000) because of bodily injury or death of one (1) person in any one (1) accident and subject to said limit for one (1) person, to a limit of not less than fifty thousand dollars ($50,000) because of bodily injury or death of two (2) or more persons in any one (1) accident, and if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one (1) accident.
  2. No policy or bond shall be effective under § 27-19-604 with respect to any vehicle which was not registered in this state or was a vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing the policy or bond is authorized to do business in this state, or if the company is not authorized to do business in this state, unless it shall execute a power of attorney authorizing the Secretary of the Department of Finance and Administration to accept service on its behalf of notice or process in any action upon the policy or bond arising out of an accident.
  3. The Office of Driver Services may rely upon the accuracy of the information in a required report of an accident as to the existence of insurance or a bond unless and until the office has reason to believe that the information is erroneous.

History. Acts 1953, No. 347, § 27; 1959, No. 307, § 18; 1981, No. 478, § 1; A.S.A. 1947, § 75-1427; Acts 1999, No. 1527, § 2; 2019, No. 910, § 4693.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Notes.

Copeland, A Brief Survey of Some Important 1990 Insurance Law Decisions, 1991 Ark. L. Notes 75.

Ark. L. Rev.

Legislative Note: Uninsured Motorist Clause, 19 Ark. L. Rev. 377.

Uninsured Motorist Coverage — A Suggested Approach to Consistency, 23 Ark. L. Rev. 167.

Insurance — The Burden of Proving Noninsurance Under Motorist Statute, 23 Ark. L. Rev. 292.

Insurance — Uninsured Motorist Coverage — Set-Off of Amounts Payable Under Medical Payments Coverage, 25 Ark. L. Rev. 548.

Uninsured Motorist Insurance Offset for Workmen's Compensation Benefits, 26 Ark. L. Rev. 570.

U. Ark. Little Rock L.J.

Strother, Survey of Insurance Law, 3 U. Ark. Little Rock L.J. 242.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Survey — Torts, 10 U. Ark. Little Rock L.J. 609.

Case Notes

Applicability.

The Central Arkansas Transit Authority is a common carrier as defined in § 23-16-301 and is therefore subject to the requirements of liability under this section and § 23-16-302. Salley v. Central Ark. Transit Auth., 326 Ark. 804, 934 S.W.2d 510 (1996).

Accumulation of Coverages.

Where the twelve premiums were paid for coverage insuring against personal injuries by uninsured motorists and the policy's “other insurance” clause was ambiguous as to whether it applied to other insurance with the same company, the separate uninsured motorist coverages were “stacked” or accumulated, thereby providing a greater award to the claimant under the policy. Dugal v. Commercial Std. Ins. Co., 456 F. Supp. 290 (W.D. Ark. 1978).

Double Coverage.

In an action by an insured to recover under an uninsured motorist policy, where motorist, who sustained injuries resulting in damage of more than $20,000 when the truck he was driving collided with an uninsured motorist's vehicle, recovered $10,000 under the uninsured motorist policy issued to the owner of the truck, he was then precluded from recovering under a similar policy that had been issued to him personally, even though the policy contained “other insurance” clause. Harris v. Southern Farm Bureau Cas. Ins. Co., 247 Ark. 961, 448 S.W.2d 652 (1970).

Clause in uninsured motorist coverage of liability policy that provided that any amount payable under that coverage because of bodily injury should have been reduced by amount payable under workmen's compensation law was void. Travelers Ins. Co. v. National Farmers Union Property & Cas. Co., 252 Ark. 624, 480 S.W.2d 585 (1972).

Minimum Limitation.

This section requires only that the amount for which a policy is issued shall be not less than the limit described and an insurance company may provide in its policies coverage in any sum above this minimum which it chooses to pay in the event of the liability of an uninsured motorist if the insured accepts such policies. Robey v. Safeco Ins. Co. of Am., 270 F. Supp. 473 (W.D. Ark. 1967), aff'd, Safeco Ins. Co. v. Robey, 399 F.2d 330 (8th Cir. 1968).

Right of Set-Off.

An automobile insurance carrier cannot, by policy language, set-off its medical payments, made on behalf of its insured to a third party, against its payment for the same insured to the injured party of the policy limit for bodily injury. State Farm Mut. Auto. Ins. Co. v. Sims, 288 Ark. 541, 708 S.W.2d 72 (1986).

Secondary Coverage.

Policy for “the limit of bodily injury liability required by the motor vehicle financial liability law“ is not excused from liability under the uninsured motorist clause of the policy by a partial payment of the damages suffered by the insured in that amount by another insurer, as the limits of this section are minimum and not maximum. Robey v. Safeco Ins. Co. of Am., 270 F. Supp. 473 (W.D. Ark. 1967), aff'd, Safeco Ins. Co. v. Robey, 399 F.2d 330 (8th Cir. 1968).

Where a claimant was covered by the uninsured motorist clause in both the primary policy on the car in which she was a passenger and the secondary policy on a car owned by her father, both policies having the same coverage limits, and the primary coverage was insufficient to pay all claims against it, the secondary carrier was entitled to credit under its “other insurance” clause only for so much of the primary coverage as remained after payment of other claims against it, and the claimant was under no obligation to join other claimants in their action against the primary carrier. Childers v. Southern Farm Bureau Cas. Ins. Co., 282 F. Supp. 866 (E.D. Ark. 1968).

Underinsured Motorist Coverage.

Where insured sued insurer seeking to have the provisions of her automobile insurance policy interpreted as providing underinsured liability coverage, but had paid premiums for uninsured motorist liability coverage, and, at the time she purchased her policy, insurer did not even offer underinsured motor vehicle coverage, insured's receipt of the very type of insurance for which she paid premiums did not reduce her coverage, did not give a windfall to the insurer, and was not against the public policy of the state. Hawkins v. State Farm Fire & Cas. Co., 302 Ark. 582, 792 S.W.2d 307 (1990).

Section 23-89-209 and this section clearly mandate that a minimum of $25,000 underinsured coverage be offered and not an amount equal to the liability insurance purchased by the insured; therefore, when underinsurance is implied by law under § 23-89-209, the insured will be limited to the minimum amount referred to in the statute. Ross v. United Servs. Auto. Ass'n, 320 Ark. 604, 899 S.W.2d 53 (1995).

Uninsured Motorist Coverage.

A provision in an automobile policy that an insurer should not be obligated to pay under uninsured motorist coverage for that part of the damages which the insured might be entitled to recover from the owner or operator of an uninsured automobile that represented expenses for medical services paid or payable under the medical payments coverage of policy was void and against public policy in that it reduced the minimum coverage of uninsured motorist protection prescribed and required by law. Heiss v. Aetna Casualty & Surety Co., 250 Ark. 474, 465 S.W.2d 699 (1971).

Cited: MFA Mut. Ins. Co. v. Wallace, 245 Ark. 230, 431 S.W.2d 742 (1968); Kennedy v. State Farm Mut. Auto. Ins. Co., 46 F.R.D. 12 (E.D. Ark. 1969); Allstate Ins. Co. v. Harrison, 307 F. Supp. 743 (W.D. Ark. 1969); Alexander v. Pilot Fire & Cas. Ins. Co., 331 F. Supp. 561 (E.D. Ark. 1971); Howard v. Grain Dealers Mut. Ins. Co., 342 F. Supp. 1125 (W.D. Ark. 1972); Aetna Ins. Co. v. Smith, 263 Ark. 849, 568 S.W.2d 11 (1978); Young v. Bailey, 294 Ark. 300, 742 S.W.2d 905 (1988); Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989); Spears v. City of Fordyce, 351 Ark. 305, 92 S.W.3d 38 (2002); .

27-19-606. Designation of persons covered.

Every depositor of security shall designate in writing every person in whose name the deposit is made and may at any time change the designation, but any single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.

History. Acts 1953, No. 347, § 28; A.S.A. 1947, § 75-1428.

27-19-607. Form and amount of security.

The security required under this subchapter shall be in such form as the Office of Driver Services may require and shall be in such amount equal to the minimum amounts specified in § 27-19-605 based on the determination of whether the accident resulted in bodily injury or death to one (1) or more people, or injury to or destruction of property of others, or both.

History. Acts 1953, No. 347, § 28; A.S.A. 1947, § 75-1428; Acts 1993, No. 912, § 2.

27-19-608. Reduction in premium for certain persons completing accident prevention course.

    1. Any schedule of rates or rating plan for automobile liability and physical damage insurance submitted to or filed with the Insurance Commissioner shall provide for an appropriate reduction in premium charges for those insured who are fifty-five (55) years of age and older for a three-year period after successfully completing a motor vehicle accident prevention course meeting the Office of Motor Vehicle's criteria.
    2. All insurance companies writing automobile liability and physical damage insurance in Arkansas shall allow an appropriate reduction in premium charges to all eligible persons subject to this section.
  1. The approved course shall be taught by an instructor approved by the office.
  2. There shall be no reduction in premiums for a self-instructed course or a course which does not provide for actual classroom or field driving instruction for a minimum number of hours as determined by the office.
  3. Upon successfully completing the approved course, each participant shall be issued by the course's sponsoring agency a certificate which shall be the basis of qualification for the discount on insurance.
  4. Each participant shall take an approved course each three (3) years to continue to be eligible for the discount on insurance.

History. Acts 1981, No. 718, §§ 1-5; A.S.A. 1947, §§ 75-1427.1 — 75-1427.5; Acts 1992 (1st Ex. Sess.), No. 12, § 1; 1992 (1st Ex. Sess.), No. 14, § 1.

27-19-609. Authority to adjust amount limited.

  1. The Office of Driver Services may adjust the amount of security ordered in any case within six (6) months after the date of the accident, but only if and limited to the extent it determines a mistake was made in determining whether the accident resulted in bodily injury or death to one (1) person or two (2) or more persons in any one (1) accident or to the injury to or the destruction of property of others in any one (1) accident, or a combination of these.
  2. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned to the depositor or his or her personal representative forthwith.

History. Acts 1953, No. 347, § 37; 1975, No. 1007, § 6; A.S.A. 1947, § 75-1437; Acts 1993, No. 912, § 3.

27-19-610. Suspension for failure to deposit security.

  1. In the event that any person required to deposit security under this subchapter fails to deposit the security within twenty (20) days after the Office of Driver Services has sent the notice as provided in § 27-19-603, the office shall thereupon suspend:
    1. The license of each driver in any manner involved in the accident;
    2. The registration of all vehicles owned by the owner of each vehicle of a type subject to registration under the laws of this state;
    3. If the driver is a nonresident, the privilege of operating within this state a vehicle of a type subject to registration under the laws of this state; and
    4. If the owner is a nonresident, the privilege of the owner to operate or permit the operation within this state of a vehicle of a type subject to registration under the laws of this state.
  2. Suspensions shall be made in respect to persons required by the office to deposit security who fail to deposit the security, except as otherwise provided under this subchapter.
  3. In the discretion of the office, the suspension of the motor vehicle registration and driving privilege shall not wholly deprive innocent persons of their livelihood.

History. Acts 1953, No. 347, § 29; 1973, No. 585, § 3; 1975, No. 1007, § 4; A.S.A. 1947, § 75-1429.

27-19-611. Duration of suspension.

Unless a suspension is terminated under other provisions of this subchapter, any order of suspension by the Office of Driver Services under this subchapter shall remain in effect and no license shall be renewed for or issued to any person whose license is so suspended and no registration shall be renewed for or issued to any person whose vehicle registration is so suspended until:

  1. The person shall deposit or there shall be deposited on his or her behalf the security required under this subchapter; or
    1. One (1) year shall have elapsed following the date of the suspension, and evidence satisfactory to the Office of Driver Services has been filed with it that during the period no action for damages arising out of the accident resulting in the suspension has been instituted.
      1. An affidavit of the applicant that no action at law for damages arising out of the accident has been filed against him or her or, if filed, that it is not still pending shall be prima facie evidence of that fact.
      2. The office may take whatever steps are necessary to verify the statement set forth in any affidavit.

History. Acts 1953, No. 347, § 35; A.S.A. 1947, § 75-1435.

27-19-612. Agreements for payment of damages.

  1. Any two (2) or more of the persons involved in, or affected by, an accident as described in § 27-19-601 may, at any time, enter into a written agreement for the payment of an agreed amount with respect to all claims of any of such persons because of bodily injury or death or property damage arising from the accident, which may provide for payment in installments, and may file a signed copy thereof with the Office of Driver Services.
  2. In the event any such written agreement is filed with the office, the office shall not require the deposit of security and shall terminate any prior order of suspension, or, if security has previously been deposited, the office shall immediately return the security to the depositor or his or her personal representative.
    1. In the event of a default in any payment under the agreement and upon notice of default within one (1) year, the office shall take action suspending the license or the registration or both the license and registration of the person in default as would be appropriate in the event of failure of the person to deposit security when required under this subchapter.
    2. The suspension shall remain in effect and the license or registration shall not be restored unless and until:
      1. Security is deposited as required under this subchapter in such amount as the office may then determine is required under this subchapter;
      2. When, following any such default and suspension, the person in default has paid the balance of the agreed amount; or
      3. One (1) year has elapsed following the effective date of the suspension, and evidence satisfactory to the office has been filed with the office that during that period no action at law upon the agreement has been instituted and is pending.

History. Acts 1953, No. 347, § 32; 1975, No. 1007, § 5; A.S.A. 1947, § 75-1432; Acts 1993, No. 912, § 4.

27-19-613. Release from liability.

  1. A person shall be relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident in the event he or she is released from liability by the other person.
  2. A covenant not to sue shall relieve the parties thereto as to each other from the security requirements of this subchapter.
  3. In the event the Office of Driver Services determines the injuries or damage to any minor is less than the amount required for depositing security for an accident under § 27-19-601, the office may accept, for the purposes of this subchapter only, evidence of a release from liability executed by a natural guardian or a legal guardian on behalf of the minor without the approval of any court or judge.

History. Acts 1953, No. 347, § 30; A.S.A. 1947, § 75-1430; Acts 1993, No. 912, § 5.

27-19-614. Adjudication of nonliability.

A person shall be relieved from the requirement for deposit of security in respect to a claim for injury or damage arising out of the accident in the event the person has been finally adjudicated not to be liable in respect to such claim.

History. Acts 1953, No. 347, § 31; A.S.A. 1947, § 75-1431.

27-19-615. Payment upon judgment.

The payment of a judgment arising out of an accident or the payment upon the judgment of an amount equal to the maximum amount which could be required for deposit under this subchapter shall, for the purposes of this subchapter, release the judgment debtor from the liability evidenced by the judgment.

History. Acts 1953, No. 347, § 33; A.S.A. 1947, § 75-1433.

27-19-616. Termination of security requirements.

  1. The Office of Driver Services, if satisfied as to the existence of any fact which under §§ 27-19-612 — 27-19-615 would entitle a person to be relieved from the security requirements of this subchapter, shall not require the deposit of security by the person so relieved from the requirements and shall terminate any prior order of suspension in regard to the person, or, if security has previously been deposited by the person, the office shall immediately return the deposit to him or her or to his or her personal representative.
  2. If any person under suspension has received a settlement from the adverse party or his or her liability insurance carrier reimbursing him or her for his or her property damages and personal injuries, then the office shall not suspend his or her license and registration, and if his or her license and registration have been suspended, they shall be reinstated, and, if any such person has deposited security with the office and a settlement is subsequently made, he or she shall be entitled to the return of his or her security deposit upon proof satisfactory to the office of the settlement.

History. Acts 1953, No. 347, § 34; 1959, No. 60, § 1; A.S.A. 1947, § 75-1434.

27-19-617. Disposition of security.

  1. Security provided under this subchapter shall be applicable and available only for:
    1. The payment of any settlement agreement covering any claim arising out of the accident upon instruction of the person who made the deposit; or
    2. The payment of a judgment rendered against the person required to make the deposit for damages arising out of the accident in an action at law begun not later than one (1) year after the deposit of the security, or within one (1) year after the date of deposit of any security following failure to make payments under an agreement to pay.
  2. Every distribution of funds from the security deposits shall be subject to the limits of the amounts required under this subchapter.

History. Acts 1953, No. 347, § 40; A.S.A. 1947, § 75-1440; Acts 1993, No. 912, § 6.

27-19-618. Return of deposit.

  1. Upon the expiration of one (1) year from the date of any deposit of security, any security remaining on deposit shall be returned to the person who made the deposit, or to his or her personal representative, if an affidavit or other evidence satisfactory to the Office of Driver Services has been filed with it that:
    1. No action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made; and
    2. There does not exist any unpaid judgment rendered against any person in such an action.
  2. Subsection (a) of this section shall not be construed to limit the return of any deposit of security under any other provision of this subchapter authorizing the return.

History. Acts 1953, No. 347, § 41; A.S.A. 1947, § 75-1441.

27-19-619. Forfeiture when not claimed within certain period.

    1. Whenever any person shall be required to deposit security for the payment of damages arising out of a motor vehicle accident as described in this chapter and the requirement for the depositing of the security is terminated, the Office of Driver Services shall, by ordinary mail at his or her last known address, notify the person within ninety (90) days that he or she may claim the deposit.
      1. If the person fails to claim the deposit within five (5) years from the date of the termination of the requirement for the deposit of the security, then the amount so deposited shall be forfeited to the State of Arkansas.
      2. Any and all amounts forfeited shall be deposited into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
    2. Not less than ninety (90) days before the expiration of the five-year period, the office shall notify the owner of the deposit by certified or registered mail at his or her last known address that unless he or she claims the deposit within ninety (90) days, it shall be forfeited to the state.
  1. If any person whose deposit of security is forfeited pursuant to this section makes request therefor and furnishes to the office satisfactory proof that he or she was an active member of the United States Armed Forces at the time of the forfeiture, the office shall by memorandum so notify the Auditor of State, and the amount of the forfeited deposit shall be paid to the depositor upon voucher and warrant drawn upon and payable from any funds appropriated for miscellaneous tax refunds.

History. Acts 1969, No. 296, § 1; 1975, No. 1007, § 9; A.S.A. 1947, § 75-1441.1.

27-19-620. Corrective administrative action.

  1. Whenever the Office of Driver Services has taken any action or has failed to take any action under this subchapter by reason of having received erroneous information or by reason of having received insufficient information, then correcting information may be submitted within one (1) year of the accident, if an accident report has been filed, whereupon the office shall take appropriate action to carry out the purposes and effect of this chapter.
  2. Subsection (a) of this section shall not, however, be deemed to require the office to either redetermine the amount of any deposit required under this subchapter or to act upon any accident report not filed pursuant to §§ 27-19-501 and 27-19-509.

History. Acts 1953, No. 347, § 38; 1975, No. 1007, § 7; A.S.A. 1947, § 75-1438; Acts 1993, No. 912, § 7.

27-19-621. Matters not to be evidence in civil actions.

The report required following an accident, the action taken by the Office of Driver Services pursuant to this chapter, the findings, if any, of the office upon which the action is based, and the security filed as provided in this chapter shall not be referred to in any way, and shall not be any evidence of the negligence or due care of either party, at the trial of any civil action to recover damages.

History. Acts 1953, No. 347, § 42; 1975, No. 1007, § 10; A.S.A. 1947, § 75-1442.

Case Notes

Actions for Non-Compliance.

Operator of a motor vehicle, not the owner of a motor vehicle, was the person responsible for reporting an accident and for filing proof of insurance, and the operator could be liable for penalties for his failure to do so; any action taken by an enforcement agency against an operator for non-compliance could not be used in a subsequent civil proceeding. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004); Kelley v. USAA Cas. Ins. Co., 371 Ark. 344, 266 S.W.3d 734 (2007).

Subchapter 7 — Proof of Future Financial Responsibility

Effective Dates. Acts 1973, No. 585, § 7: Apr. 3, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments by courts, the revocation and suspension of motor vehicle operator and chauffeur licenses and vehicle licenses under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 1007, § 15: Apr. 22, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State relative to the reporting of accidents, the deposit of security, report of judgments, the suspension of driver's licenses and motor vehicle license under the Motor Vehicle Safety Responsibility Law are inadequate to assure the proper and efficient enforcement and administration of the Motor Vehicle Safety Responsibility Law and that it is essential to public safety on the highways of this State that these laws be clarified immediately. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 506, § 54: Mar. 2, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the laws of this state as to insurance regulation and the Governmental Bonding Board, among others, are inadequate for the protection of the public, and the immediate passage of this act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-19-701. Definitions.

As used in this subchapter:

  1. “Judgment” means any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any vehicle of a type subject to registration under the laws of this state, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for damages;
    1. “Proof of financial responsibility for the future” means proof of ability to respond in damages for liability, on account of accidents occurring subsequently to the effective date of the proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident, and subject to the limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one (1) accident.
    2. Wherever used in this subchapter, the terms “proof of financial responsibility” or “proof” shall be synonymous with the term “proof of financial responsibility for the future”; and
  2. “State” means any state, territory, or possession of the United States, the District of Columbia, or any province or territory of Canada.

History. Acts 1953, No. 347, §§ 44, 45; 1959, No. 307, § 19; 1981, No. 478, § 2; A.S.A. 1947, §§ 75-1444, 75-1445; Acts 1999, No. 1527, § 3.

Case Notes

Cited: Smith v. Shelter Mut. Ins. Co., 327 Ark. 208, 937 S.W.2d 180 (1997).

27-19-702. Applicability.

The provisions of this subchapter requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply with respect to persons who have been convicted of or forfeited bail for certain offenses under motor vehicle laws or who have failed to pay judgments upon causes of action arising out of ownership, maintenance, or use of vehicles of a type subject to registration under the laws of this state.

History. Acts 1953, No. 347, § 43; A.S.A. 1947, § 75-1443.

Case Notes

In General.

This chapter does not provide for universal applicability throughout the state, as proof of financial responsibility for the future is required only of those drivers who come within the provisions of this section. Robey v. Safeco Ins. Co. of Am., 270 F. Supp. 473 (W.D. Ark. 1967), aff'd, Safeco Ins. Co. v. Robey, 399 F.2d 330 (8th Cir. 1968).

Applicability.

This section has no application to an insurance policy that has not been used as proof of financial responsibility in the future. Smith v. Shelter Mut. Ins. Co., 327 Ark. 208, 937 S.W.2d 180 (1997).

Cited: Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-703. Suspension or revocation of license for conviction or bail forfeiture — Exceptions.

  1. Whenever, under any law of this state, the license of any person is suspended or revoked by reason of a conviction or a forfeiture of bail, the Office of Driver Services shall suspend the registration of all vehicles registered in the name of the person as owner, except that:
    1. If the owner has previously given or shall immediately give and thereafter maintains proof of financial responsibility for the future with respect to all vehicles registered by the person as the owner, the office shall not suspend the registration unless otherwise required by law; or
    2. If a conviction arose out of the operation, with permission, of a vehicle owned by or leased to the United States, this state, or any political subdivision of this state, or a municipality thereof, the office shall suspend or revoke the license only with respect to the operation of vehicles not so owned or leased and shall not suspend the registration of any vehicle so owned or leased.
  2. The suspension or revocation required in subsection (a) of this section shall remain in effect and the office shall not issue to the person any new or renewal of license or register or reregister in the name of the person as owner any vehicle until permitted under the motor vehicle laws of this state, and not then unless and until the person shall give and thereafter maintain proof of financial responsibility for the future.

History. Acts 1953, No. 347, §§ 46, 47; A.S.A. 1947, §§ 75-1446, 75-1447.

27-19-704. Action as to unlicensed person.

If a person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license or for driving a motor vehicle upon the highways without being licensed to do so or for driving an unregistered vehicle upon the highways, no license shall be thereafter issued to the person and no vehicle shall continue to be registered or thereafter be registered in the name of the person as owner unless he or she shall give and thereafter maintain proof of financial responsibility for the future.

History. Acts 1953, No. 347, § 48; A.S.A. 1947, § 75-1448.

27-19-705. Action as to nonresidents.

  1. Whenever the Office of Driver Services suspends or revokes a nonresident's operating privilege by reason of a conviction or forfeiture of bail, the privilege shall remain so suspended or revoked unless the person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility for the future.
  2. If the defendant named in any certified copy of a judgment reported to the office is a nonresident, the office shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident.

History. Acts 1953, No. 347, §§ 49, 51; A.S.A. 1947, §§ 75-1449, 75-1451.

27-19-706. Courts to report nonpayment of judgments.

  1. Whenever any person fails within thirty (30) days to satisfy any judgment in excess of one thousand dollars ($1,000), then, upon the written request of the judgment creditor or his or her attorney, it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which the judgment is rendered within this state to forward to the Office of Driver Services a certified copy of the judgment.
  2. The certified copy shall contain information sufficient for the office to determine if the judgment shall apply to this subchapter.

History. Acts 1953, No. 347, § 50; 1973, No. 585, § 4; 1975, No. 1007, § 11; A.S.A. 1947, § 75-1450; Acts 1991, No. 721, § 3; 2007, No. 673, § 1.

Case Notes

Cited: Larey v. Morris, 245 Ark. 453, 432 S.W.2d 861 (1968).

27-19-707. Suspension for nonpayment of judgments — Exceptions.

  1. The Office of Driver Services, upon receipt of a certified copy of a judgment and a certificate of facts relative to the judgment, on a form provided by the office, shall forthwith suspend the license and registration, and any nonresident's operating privilege, of any person against whom the judgment was rendered, except as otherwise provided in this subchapter.
  2. The provisions of subsection (a) of this section shall not apply with respect to any judgment arising out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state, or any political subdivision of this state, or a municipality thereof.
  3. If the judgment creditor consents in writing, in such form as the office may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the office, in its discretion, for six (6) months from the date of consent and thereafter until consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments thereof prescribed in § 27-19-710, provided the judgment debtor furnishes proof of financial responsibility.
    1. No license, registration, or nonresident's operating privilege of any person shall be suspended under the provisions of this subchapter if the office shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this chapter but has not paid the judgment for any reason.
    2. A finding by the office that an insurer is obligated to pay a judgment shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this subsection.
    3. Whenever in any judicial proceedings it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay the judgment, the office, notwithstanding any contrary finding made by it, shall forthwith suspend the license and registration and any nonresident's operating privilege of any person against whom the judgment was rendered, as provided in this section.
    1. The license, registration, and nonresident's operating privilege shall remain so suspended and shall not be renewed, nor shall any license or registration be thereafter issued in the name of the person, including any person not previously licensed, unless and until every judgment is stayed, satisfied in full, or to the extent provided and until the person gives proof of financial responsibility subject to the exemptions stated in this section.
    2. Upon the expiration of ten (10) years following the date judgment is rendered, and provided no proof of renewal of judgment has been filed with the office, the office shall reinstate the driving privilege and motor vehicle registration privilege of any person who will provide proof of financial responsibility for the future as required under any section of this subchapter.

History. Acts 1953, No. 347, §§ 52-56; 1973, No. 585, § 5; 1975, No. 1007, § 12; A.S.A. 1947, §§ 75-1452 — 75-1456.

Case Notes

Insolvency of Insurer.

Where motorist, within 10 days after accident, filed a certificate of insurance with the Commissioner of Motor Vehicles, the commissioner, upon judgment being rendered against the motorist, could not suspend the license and registration of the motorist because the subsequent bankruptcy of the motorist's insurer rendered the judgment uncollectible. Larey v. Morris, 245 Ark. 453, 432 S.W.2d 861 (1968).

Legal Obligation.

In subsection (d) of this section, the words “obligated to pay a judgment” mean legally obligated and have no reference to the solvency of the insurer. Larey v. Morris, 245 Ark. 453, 432 S.W.2d 861 (1968).

27-19-708. Effect of discharge in bankruptcy.

Upon receipt by the Office of Driver Services of proper notification from the bankruptcy court, a discharge in bankruptcy following the rendering of any judgment shall relieve the judgment debtor from any of the requirements of this subchapter.

History. Acts 1953, No. 347, § 57; 1975, No. 1007, § 13; A.S.A. 1947, § 75-1457.

27-19-709. Payments sufficient to satisfy judgments.

  1. Judgments shall, for the purpose of this chapter only, be deemed satisfied when:
    1. Twenty-five thousand dollars ($25,000) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one (1) person as the result of any one (1) accident;
    2. Subject to a limit of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person, the sum of fifty thousand dollars ($50,000) has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two (2) or more persons as the result of any one (1) accident; or
    3. Twenty-five thousand dollars ($25,000) has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one (1) accident.
  2. Payments made in settlements of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this section.

History. Acts 1953, No. 347, § 58; 1959, No. 307, § 20; 1981, No. 478, § 3; A.S.A. 1947, § 75-1458; Acts 1999, No. 1527, § 4.

Cross References. Penalty for violation of this section, § 27-50-305.

27-19-710. Payment in installments.

  1. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
  2. The Office of Driver Services shall not suspend a license, registration, or nonresident's operating privilege and shall restore any license, registration, or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installments is not in default.
  3. In the event the judgment debtor fails to pay any installment as specified by the order, then, upon notice of default, the office shall forthwith suspend the license, registration, or nonresident's operating privilege of the judgment debtor until the judgment is satisfied, as provided in this chapter.

History. Acts 1953, No. 347, §§ 59, 60; A.S.A. 1947, §§ 75-1459, 75-1460.

27-19-711. Proof to be furnished for each vehicle.

  1. No vehicle shall be, or continue to be, registered in the name of any person required to file proof of financial responsibility for the future unless proof is furnished for the vehicle.
  2. Proof of financial responsibility when required under this chapter, with respect to the vehicle or with respect to a person who is not the owner of the vehicle, may be given by filing:
    1. A certificate of insurance as provided in § 27-19-712; or
    2. A certificate of self-insurance, as provided in § 27-19-107, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he or she will pay the same amounts that an insurer would have been obliged to pay under an owner's motor vehicle liability policy if it had issued such a policy to the self-insurer.

History. Acts 1953, No. 347, §§ 61, 62; A.S.A. 1947, §§ 75-1461, 75-1462; Acts 2013, No. 1142, § 3; 2015, No. 1158, § 5.

Amendments. The 2013 amendment repealed former (b)(3).

The 2015 amendment substituted “is furnished” for “shall be furnished” in (a); deleted former (b)(2); and redesignated former (b)(3) as present (b)(2).

Case Notes

In General.

Owner of a motorcycle was not civilly liable to a car driver for injuries sustained by the car driver when the owner of the motorcycle allowed a third party operator to drive the motorcycle, which was not insured. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-19-712. Certificate of insurance as proof.

    1. Proof of financial responsibility for the future may be furnished by filing with the Office of Driver Services the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility.
    2. The certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
    1. A nonresident may give proof of financial responsibility by filing with the office a written certificate of an insurance carrier authorized to transact business in the state in which the vehicle owned by the nonresident is registered, or in the state in which the nonresident resides, if he or she does not own a vehicle, provided the certificate otherwise conforms with the provisions of this subchapter.
    2. The office shall accept the certificate upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:
      1. The insurance carrier shall execute a power of attorney authorizing the Secretary of the Department of Finance and Administration to accept on its behalf service of notice or process in any action arising out of a motor vehicle accident in this state; and
      2. The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued therein.
  1. If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any such undertakings or agreements, the office shall not thereafter accept as proof any certificate of the carrier, whether theretofore filed or thereafter tendered, as proof, so long as the default continues.

History. Acts 1953, No. 347, §§ 63-65; A.S.A. 1947, §§ 75-1463 — 75-1465; Acts 2019, No. 910, § 4694.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(2)(A).

27-19-713. Motor vehicle liability policy.

  1. Certification. As used in this chapter, “motor vehicle liability policy” means an “owner's policy” or an “operator's policy” of liability insurance, certified as provided in § 27-19-712 as proof of financial responsibility for the future, and issued, except as otherwise provided in § 27-19-712 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
  2. Owner's Policy. The owner's policy of liability insurance shall:
    1. Designate by explicit description or by appropriate reference all vehicles with respect to which coverage is to be granted; and
    2. Insure the person named therein and any other person, as insured, using any vehicle or vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle or vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each vehicle, as follows: twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to said limit for one (1) person; fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident; and twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one (1) accident.
  3. Operator's Policy. The operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him or her by law for damages arising out of the use by him or her of any motor vehicle not owned by him or her, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.
  4. Required Statements in Policies. The motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this subchapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this subchapter.
  5. Policy Need Not Insure Workers' Compensation, etc. The motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
  6. Provisions Incorporated in Policy. Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
    1. The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs; the policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his or her behalf, and no violation of the policy, shall defeat or void the policy;
    2. The satisfaction by the insured of a judgment for the injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage;
    3. The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount shall be deductible from the limits of liability specified in subdivision (b)(2) of this section; and
    4. The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this subchapter shall constitute the entire contract between the parties.
  7. Excess or Additional Coverage. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and this excess or additional coverage shall not be subject to the provisions of this subchapter. With respect to a policy which grants the excess or additional coverage, the term “motor vehicle liability policy” shall apply only to that part of the coverage which is required by this section.
  8. Reimbursement Provision Permitted. Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this subchapter.
  9. Proration of Insurance Permitted. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
  10. Multiple Policies. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers which policies together meet these requirements.
  11. Binders. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for a policy.
    1. Extension of Coverage. Every motor vehicle liability insurance policy, every motor vehicle physical damage insurance policy, every motor vehicle uninsured and underinsured motorist insurance policy, and every motor vehicle insurance policy covering death or bodily injury insuring a motor vehicle licensed in this state or the occupants of the motor vehicle shall extend its liability, physical damage, uninsured and underinsured motorist, and death or bodily injury coverages to include any other motor vehicle, operated by the insured individual, and its occupants if the other motor vehicle is:
      1. Loaned by a duly licensed automobile dealer as a temporary substitute, with or without compensation, to the insured individual for use as a temporary substitute vehicle while the insured's vehicle is out of use because of a breakdown, repair, or servicing;
      2. Loaned by a duly licensed automobile dealer for use as a demonstrator vehicle; or
      3. Rented or leased from a rental company as defined in § 23-64-202(d)(2)(C).
    2. The extensions of liability, physical damage, uninsured and underinsured motorist, and death or bodily injury coverages under this subsection are primary to any insurance or self-insurance maintained by the duly licensed automobile dealer or rental company.

History. Acts 1953, No. 347, § 66; 1959, No. 307, § 21; 1981, No. 478, § 4; A.S.A. 1947, § 75-1466; Acts 1989, No. 896, § 1; 1991, No. 394, § 1; 1993, No. 1252, § 1; 1999, No. 1527, § 5; 2007, No. 373, § 2.

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 11 U. Ark. Little Rock L.J. 231.

Legislative Survey — Insurance, 16 U. Ark. Little Rock L.J. 141.

U. Ark. Little rock L. Rev.

Oliver, None for the Road: Addressing the Problem of Uninsured Vehicles and Drivers in Arkansas, 21 U. Ark. Little Rock L. Rev. 167.

Case Notes

Applicability.

Where pleadings failed to indicate that insurance policy had been used as proof of financial responsibility at time of happening of automobile accident, Arkansas Financial Responsibility Law had no applicability whatever to the insurance policy. Aetna Cas. & Sur. Co. v. Simpson, 228 Ark. 157, 306 S.W.2d 117 (1957).

This subchapter, and particularly subdivision (f)(1) of this section, has no applicability to an insurance policy where the pleadings fail to indicate that the policy in question had been used as proof of financial responsibility. Ramey v. State Farm Mut. Auto. Ins. Co., 54 Ark. App. 307, 924 S.W.2d 835 (1996).

Exclusionary Clauses.

An exclusionary clause, excluding coverage of bodily injury to the insured and members of his family and household, in a policy not used as proof of financial responsibility in the future did not violate this section. State Farm Mut. Auto. Ins. Co. v. Cartmel, 250 Ark. 77, 463 S.W.2d 648 (1971).

Governmental Tort Immunity.

Regardless of statutory governmental tort immunity, city which failed to purchase liability insurance as required by statute was responsible as self-insurer for injuries resulting from negligent operation of its vehicles up to amount equivalent to required policy limits stated in this section. Sturdivant v. Farmington, 255 Ark. 415, 500 S.W.2d 769 (1973).

Because there were two emergency vehicles involved in the accident, and each officer was found five percent at fault, the city, as a joint tortfeasor, would be jointly and severally liable in the amount of $25,000.00 for each of the city's vehicles, therefore, defendant should recover $50,000.00 against the city, and the trial court erred in ruling otherwise. City of Caddo Valley v. George, 340 Ark. 203, 9 S.W.3d 481 (2000).

Permission to Use Vehicles.

The provision in subsection (b) of this section that an owner's policy of liability insurance “shall insure the person named therein and any other person, as insured, using any vehicle or vehicles with the express or implied permission of such named insured” did not have the effect of extending liability policy to a person driving insured's automobile with the permission of insured's son where insured had forbidden son to allow anyone else to drive the automobile and where automobile was not being driven for the benefit of the son. Dodson v. Sisco, 134 F. Supp. 313 (W.D. Ark. 1955).

If permission to use automobile is initially given, recovery under automobile liability insurance policy may be had under subsection (b) of this section regardless of the manner in which the automobile is thereafter used. Thus the extent of route deviation by borrower in the driving of another's vehicle was immaterial with respect to coverage of automobile liability insurance policy. Commercial Union Ins. Co. v. Johnson, 294 Ark. 444, 745 S.W.2d 589 (1988).

Restrictive Indorsements.

When a statute provides for certain mandatory provisions in a policy of insurance, a restrictive indorsement rider diametrically opposed to such requirements has no effect. General Am. Cas. Co. v. Austin, 125 F. Supp. 721 (E.D. Ark. 1954).

Cited: Thompson v. Sanford, 281 Ark. 365, 663 S.W.2d 932 (1984); Helms v. Southern Farm Bureau Cas. Ins. Co., 281 Ark. 450, 664 S.W.2d 870 (1984); Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989); Liberty Mut. Ins. Co. v. Thomas, 58 Ark. App. 289, 951 S.W.2d 564 (1997); Spears v. City of Fordyce, 351 Ark. 305, 92 S.W.3d 38 (2002).

27-19-714. [Repealed.]

Publisher's Notes. This section, concerning cancellation or termination of a certified policy, was repealed by Acts 2003, No. 333, § 2. The section was derived from Acts 1953, No. 347, § 67; A.S.A. 1947, § 75-1467.

27-19-715. Other policies not affected.

  1. This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may be required by any other law of this state, and these policies, if they contain an agreement or are endorsed to conform with the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
  2. This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his or her behalf of vehicles not owned by the insured.

History. Acts 1953, No. 347, § 68; A.S.A. 1947, § 75-1468.

27-19-716. [Repealed.]

Publisher's Notes. This section, concerning bond as proof, was repealed by Acts 2005, No. 506, § 50. The section was derived from Acts 1953, No. 347, §§ 69-71; A.S.A. 1947, §§ 75-1469 — 75-1471.

27-19-717. [Repealed.]

Publisher's Notes. This section, concerning money or security as proof, was repealed by Acts 2013, No. 1142, § 4. The section was derived from Acts 1953, No. 347, §§ 72, 73; 1959, No. 307, § 22; 1983, No. 888, § 1; A.S.A. 1947, §§ 75-1472, 75-1473; Acts 2003, No. 333, § 3; 2005, No. 506, § 51.

27-19-718. Owner may give proof for others.

  1. The owner of a motor vehicle may give proof of financial responsibility on behalf of his or her employee or a member of his or her immediate family or household in lieu of the furnishing of proof by any person.
  2. The furnishing of proof shall permit the person to operate only a motor vehicle covered by the proof.
  3. The Office of Driver Services shall endorse appropriate restrictions on the face of the license held by the person or may issue a new license containing the restrictions.

History. Acts 1953, No. 347, § 74; A.S.A. 1947, § 75-1474.

27-19-719 — 27-19-721. [Repealed.]

Publisher's Notes. These sections, concerning proof of insurance, were repealed by Acts 2013, No. 1142, § 5. The sections were derived from:

27-19-719. Acts 1953, No. 347, § 75; A.S.A. 1947, § 75-1475; Acts 2005, No. 506, § 52.

27-19-720. Acts 1953, No. 347, § 76; A.S.A. 1947, § 75-1476.

27-19-721. Acts 1953, No. 347, § 77; A.S.A. 1947, § 75-1477; Acts 2003, No. 333, § 4; 2005, No. 506, § 53.

Chapter 20 Operation of Motorized Cycles and All-Terrain Vehicles

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., §§ 249, 250.

Subchapter 1 — Motorcycles, Motor-Driven Cycles, and Motorized Bicycles

Effective Dates. Acts 1959, No. 201, § 11: July 1, 1959.

Acts 1977, No. 797, § 2: Jan. 1, 1978.

Acts 1985, No. 972, § 7: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that this Act should go into effect on July 1, 1985, and that unless this emergency clause is adopted the Act will not go into effect until after that date. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1985.”

Acts 1987, No. 1019, § 6: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1236 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 193, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh Arkansas General Assembly that Arkansas does not currently have any specific standards for testing the eyesight of motor vehicle and motorcycle operators; that after the initial eyesight test of an applicant for a motor vehicle or motorcycle operator's license, Arkansas does not require on renewal of the license any subsequent examination of any driver's eyesight; and therefore all drivers on the public streets and highways are endangered since many drivers with less than adequate visual acuity are able to receive or renew their motor vehicle or motorcycle operator's license. Further, it is found and determined that Arkansas driver's licenses can be renewed for a two year period or for a four year period; that this dual option for renewal of driver's licenses requires an excessive amount of administrative resources and therefore the renewal period for Arkansas driver's licenses should be limited to a single four year period for all drivers. In order to prevent any further endangerment of the driving public and to reduce the administrative cost of issuing driver's licenses, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force from and after July 1, 1989.”

Acts 1989, No. 250, § 4: June 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that present laws inadequately regulate the registration of motorcycles and motor-driven cycles; that in order to prevent the loss of revenue to the State of Arkansas an extended registration period is necessary and should be given effect immediately. Therefore, an emergency is declared to exist. This Act, being necessary to the orderly administration of the law, to prevent loss of revenue, and to protect the public welfare, shall be in full force and effect on and after June 1, 1989.”

Acts 1993, No. 135, § 2: June 30, 1994.

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1257, § 11: Apr. 20, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that federal mandates require the loss of federal highway funds without implementation of a system of suspending the driving privileges of persons holding such privileges granted by this State and found guilty of certain drug offenses, whether such finding occurred in this state or out-of-state, and that additional enforcement provisions are urgently needed to deter persons illegally using or dealing in drugs; that this Act will provide that additional enforcement mechanism; and that this Act should go into effect immediately in order to meet the requirements of the federal law and to grant law enforcement officers and courts greater flexibility in dealing with the illegal use and sale of drugs. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2013, No. 991, § 4: Jan. 1, 2014.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-20-101. Definitions.

As used in this subchapter:

  1. “Motorcycle” means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces more than two hundred fifty cubic centimeters (250 cc);
  2. “Motor-driven cycle” means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces two hundred fifty cubic centimeters (250 cc) or less, but this definition shall not include a motorized bicycle;
    1. “Motorized bicycle” means a bicycle with an automatic transmission and a motor which does not displace in excess of fifty cubic centimeters (50 cc).
    2. “Motorized bicycle” does not include an electric bicycle as defined in § 27-51-1702; and
  3. “Street or highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

History. Acts 1959, No. 201, § 1; 1975, No. 206, § 1; 1977, No. 561, § 1; 1985, No. 972, § 1; A.S.A. 1947, § 75-1701; Acts 2005, No. 1942, § 1; 2017, No. 956, § 1.

Amendments. The 2017 amendment redesignated (3) as (3)(A), and added (3)(B); and substituted “a bicycle” for “every bicycle” in (3)(A).

Case Notes

Motorcycles.

A motorcycle is a “motor vehicle” as that term is defined in automobile insurance policies, since, under Arkansas law, a motorcycle is considered a motor vehicle. Carner v. Farmers Ins. Co., 3 Ark. App. 201, 623 S.W.2d 859 (1981).

Motor-Driven Cycle.

A Trail 70 vehicle with a 70 cc engine is a motor vehicle, specifically, a motor-driven cycle, and, when used upon public streets, is subject to Arkansas's registration and licensing laws. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

27-20-102. Penalty.

Any person violating the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days, or shall be both fined and imprisoned.

History. Acts 1959, No. 201, § 9; A.S.A. 1947, § 75-1709.

27-20-103. Prohibited sales to persons under age sixteen.

  1. It shall be unlawful for any person, firm, or corporation to sell to any person in this state under the age of sixteen (16) years any motor-driven cycle having less than two hundred fifty cubic centimeter (250 cc) displacement unless the person has a current valid license to operate the motor-driven cycle as authorized in this subchapter.
  2. It shall be unlawful for any person to sell or to offer for sale to any person in this state under sixteen (16) years of age any motorcycle or any motor-driven cycle having in excess of two hundred fifty cubic centimeter (250 cc) displacement.

History. Acts 1959, No. 201, § 7; 1975, No. 206, § 4; A.S.A. 1947, § 75-1707.

27-20-104. Standard equipment required.

  1. After July 5, 1977, all motor-driven cycles and all motorcycles used upon the public streets and highways of this state shall be equipped with the following standard equipment:
    1. At least one (1), but not more than two (2), headlights that in the dark emit a white light visible from a distance of at least five hundred feet (500') in front;
    2. A red reflector on the rear that is visible from a distance of three hundred feet (300') to the rear when directly in front of a lawful upper-beam headlamp of a motor vehicle;
    3. A lamp that emits a red light visible from a distance of five hundred feet (500') to the rear must be used in addition to the red reflector provided above;
    4. Good hand or foot brakes;
    5. A horn in good working order, but no bell, siren, or whistle shall be permitted;
    6. A standard muffler;
    7. Handholds and support for the passenger's feet when designed to carry more than one (1) person, unless it is equipped with a sidecar; and
    8. Electrical turn signals that meet the requirements of § 27-36-216(b).
  2. All passengers and operators of motorcycles, motor-driven cycles, and motorized bicycles used upon the public streets and highways of this state shall be equipped with the following equipment under standards set forth by the Office of Motor Vehicle:
    1. Protective headgear unless the person is twenty-one (21) years of age or older; and
    2. Protective glasses, goggles, or transparent face shields.
  3. The provisions of this section shall not apply to three-wheel motorcycles equipped with a cab and a windshield which do not exceed twenty horsepower (20 hp) when the motorcycles are used by municipal police departments.
  4. After July 5, 1977, all motorized bicycles used upon the public streets of this state shall be equipped with the following standard equipment:
    1. At least one (1), but not more than two (2), headlights that in the dark emit a white light visible from a distance of at least two hundred fifty feet (250') in front;
    2. A red reflector on the rear that is visible from a distance of one hundred fifty feet (150') to the rear when directly in front of a lawful upper-beam headlamp of a motor vehicle;
    3. A lamp emitting a red light visible from a distance of two hundred fifty feet (250') to the rear must be used in addition to the red reflector provided above;
    4. Good hand or foot brakes;
    5. A horn in good working order, provided that no bell, siren, or whistle shall be permitted;
    6. A standard muffler; and
    7. Electrical turn signals that meet the requirements of § 27-36-216(b).

History. Acts 1959, No. 201, § 3; 1967, No. 296, § 1; 1973, No. 78, § 1; 1977, No. 561, § 2; 1985, No. 972, § 6; A.S.A. 1947, § 75-1703; Acts 1997, No. 453, § 1; 2005, No. 1762, § 2; 2011, No. 759, §§ 1, 2.

Amendments. The 2011 amendment inserted (a)(8) and (d)(7).

Cross References. Brakes on motorcycles and motor-driven cycles, § 27-37-501.

Headlamps on motorcycles, § 27-36-209.

Horns, requirements, § 27-37-202.

Mufflers, requirement, § 27-37-601.

Case Notes

Constitutionality.

Since this section bears a reasonable, real, and substantial relation to the public health, safety, and welfare, it is constitutional as a valid exercise of the police power of the state. Penney v. City of North Little Rock, 248 Ark. 1158, 455 S.W.2d 132 (1970).

Cited: Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

27-20-105. Registration — Renewal periods.

  1. The Secretary of the Department of Finance and Administration shall establish a system for the registration of motorcycles and motor-driven cycles on a monthly series basis to distribute the work of registering motorcycles and motor-driven cycles as uniformly as practicable throughout the twelve (12) months of the calendar year.
  2. When a person applies for the registration of a motorcycle or motor-driven cycle and the issuance of a permanent license plate, the decals issued by the secretary for attachment to the permanent license plate to evidence the registration period shall be decals for the current month in which application is made for registration, regardless of the day of the month on which application is made.
  3. The secretary shall, upon request, assign to any owner of two (2) or more vehicles the same registration period.
  4. The registration shall be valid for one (1) year from the date thereof and shall continue from year to year thereafter.

History. Acts 1977, No. 797, § 1; A.S.A. 1947, § 75-1715; Acts 1989, No. 250, § 1; 1993, No. 135, § 1; 2019, No. 910, § 4695.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

Cross References. Licensing of antique motorcycles, § 27-15-2301 et seq.

Registration fee, § 27-14-601.

Research References

Ark. L. Notes.

Laurence, Some Practical Advice on How to Perfect a Security Interest in an All-Terrain Vehicle, 1996 Ark. L. Notes 59.

Case Notes

Cited: Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

27-20-106. Operator's license required — Special license.

  1. No person who is sixteen (16) years of age or older shall operate a motorcycle, motor-driven cycle, or similarly classified motor vehicle which is subject to registration in this state upon the public streets and highways of this state unless the person holds a current valid motorcycle operator's license.
    1. It shall be unlawful for any person to operate a motorcycle or motor-driven cycle in this state unless the person has a current valid motorcycle operator's license. However, any person fourteen (14) years of age or older who is under the lawful age to obtain a motorcycle operator's license may operate a motor-driven cycle if that person has obtained a special license provided for in this section.
      1. Any person fourteen (14) years of age, but under sixteen (16) years of age, may obtain a license to operate a motor-driven cycle if the motor of the motor-driven cycle displaces two hundred fifty cubic centimeters (250 cc) or less. This license shall expire upon the licensee's sixteenth birthday.
        1. All such licenses shall be issued by the Office of Driver Services.
          1. Before any such license may be issued, the applicant shall furnish the office a copy of a certificate issued by the Department of Arkansas State Police showing that the applicant has taken and passed an examination given by the department to determine the applicant's eligibility for a license.
          2. The department shall prescribe a written examination and a road test examination which shall be satisfactorily completed by each applicant for a special license before any such license may be issued to the applicant by the office.
          1. The office shall charge a fee of two dollars ($2.00) for each such special license issued.
          2. Proceeds from the fees charged for these special licenses shall be deposited into the State Treasury as special revenues and shall be credited to the Department of Arkansas State Police Fund.

History. Acts 1975, No. 176, § 1; 1975 (Extended Sess., 1976), No. 1236, § 1; 1985, No. 972, § 3; A.S.A. 1947, §§ 75-1709.1, 75-1710; reen. Acts 1987, No. 1019, § 1.

A.C.R.C. Notes. Subsection (a) of this section was reenacted by Acts 1987, No. 1019, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

27-20-107. Application for and issuance of motorcycle operator's license.

  1. Any person desiring to obtain a motorcycle operator's license shall make an application to the Office of Driver Services for the issuance of the license.
  2. Evidence that a person has applied for and satisfactorily qualified for a motorcycle operator's license as required in this section shall be a certificate issued by the Division of Arkansas State Police that the applicant for a motorcycle operator's license has satisfactorily passed all phases of the motorcycle operator's examination as required in § 27-20-108, if the applicant is sixteen (16) years of age or older.
  3. The license issued by the office may be a license limiting the named licensee to motorcycles, motor-driven cycles, or similarly classified motor vehicles, or, in the case where an applicant is sixteen (16) years of age or older and holds a current valid Class A, Class B, Class C, or Class D license, the office may endorse that license as evidence of proper qualification for the license as provided for by this subchapter.
      1. A motorcycle operator's license shall be issued for a period of four (4) years, and the fee for the license shall be the same as provided in § 27-16-801.
      2. The office shall have the authority, by rule, to shorten or lengthen the term of any motorcycle operator's license period, as necessary, and to make a pro rata adjustment of the fee charged.
    1. No fee will be required if the application is submitted at the time the applicant's Class A, Class B, Class C, or Class D license is renewed and the applicant has complied with all other provisions of this subchapter.

History. Acts 1975, No. 176, § 2; 1975 (Extended Sess., 1976), No. 1236, § 2; 1985, No. 972, § 2; A.S.A. 1947, § 75-1711; reen. Acts 1987, No. 1019, § 2; Acts 1989, No. 193, § 8; 1993, No. 445, § 34; 2019, No. 315, § 3120.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 1019, § 2. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2019 amendment substituted “rule” for “regulation” in (d)(1)(B).

Cross References. Issuance of operator's licenses, § 27-16-801.

27-20-108. Operator's examination.

  1. The Division of Arkansas State Police shall prescribe an appropriate examination to be taken by a person who desires to obtain a motorcycle operator's license as required by this subchapter.
  2. The examination shall include:
    1. A written examination designed to determine the applicant's knowledge of traffic laws, ordinances, rules, and regulations and other matters necessary to determine the applicant's knowledge of the operation of these motor vehicles;
    2. A vision test under standards established in § 27-16-704 to determine whether the applicant's eyesight is adequate to safely operate the vehicle;
    3. An actual road test designed to determine the applicant's familiarity with the controls of the motor vehicle and the applicant's ability to safely operate the motor vehicle both in and out of traffic. However, the road test shall be waived for applicants who have successfully completed the Motorcycle Safety Foundation's motorcycle rider course, Riding and Street Skills, or any successor curriculum. In order to qualify for this waiver, the applicant must submit proof of the course completion dated within ninety (90) days prior to the date of license application; and
    4. Such other tests as the division may deem necessary to assure safe operations on the streets and highways of this state.

History. Acts 1975, No. 176, § 3; 1975 (Extended Sess., 1976), No. 1236, § 3; 1985, No. 972, § 2; A.S.A. 1947, § 75-1712; reen. Acts 1987, No. 1019, § 3; Acts 1989, No. 193, § 9; 2001, No. 908, § 1; 2019, No. 315, § 3121.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 1019, § 3. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2019 amendment inserted “rules” in (b)(1).

27-20-109. Operator instruction.

  1. The Division of Elementary and Secondary Education is authorized to prescribe and offer a course in motorcycle and motor-driven cycle operator instruction to be conducted as a part of the driver education program.
    1. The course in motorcycle and motor-driven cycle operation may be conducted both at the elementary and high school levels.
    2. The course should include classroom instruction, actual operation of a motorcycle or motor-driven cycle, and other matters that the division may determine to be necessary to properly equip the student to safely operate a motorcycle.

History. Acts 1975, No. 176, § 4; 1975 (Extended Sess., 1976), No. 1236, § 4; A.S.A. 1947, § 75-1713; reen. Acts 1987, No. 1019, § 4; 2019, No. 910, § 2409.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 1019, § 4. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2019 amendment substituted “Division of Elementary and Secondary Education” for “Department of Education” in (a); and substituted “division” for “department” in (b)(2).

Cross References. Driver education program, § 27-18-101 et seq.

27-20-110. Manner of riding.

It shall be unlawful for any person in the State of Arkansas:

  1. To ride any motor-driven cycle other than upon or astride a permanent or regular seat attached thereto;
  2. For any motor-driven cycle to be used to carry more than one (1) person unless it is equipped with a sidecar or an extra seat and supports for the passenger's feet;
  3. For more than two (2) persons to ride on any motor-driven cycle; and
  4. For any person under sixteen (16) years of age to carry another person as a passenger upon a motor-driven cycle or motorized bicycle.

History. Acts 1959, No. 201, § 2; 1975, No. 206, § 2; A.S.A. 1947, § 75-1702; Acts 2005, No. 1762, § 1.

27-20-111. Operation of motorized bicycles regulated — Certificate.

  1. The operators of motorized bicycles shall be subject to all state and local traffic laws, ordinances, rules, and regulations.
  2. It shall be unlawful for any person to operate a motorized bicycle upon interstate highways, limited access highways, or sidewalks.
      1. It shall be unlawful for any person to operate a motorized bicycle upon a public street or highway within this state unless the person has a certificate to operate such a vehicle.
      2. Any person who has a motor-driven cycle license or motorcycle license or a Class A, Class B, Class C, or Class D license shall qualify to operate a motorized bicycle and is not required to obtain a certificate from the Division of Arkansas State Police for the operation of a motorized bicycle.
        1. All motorized bicycle certificates shall be issued by the division.
        2. No certificate shall be issued to a person under fourteen (14) years of age.
        3. A person under fourteen (14) years of age shall not operate a motorized bicycle within a municipality with a population of ten thousand (10,000) or more.
      1. Prior to being issued a certificate to operate a motorized bicycle, the applicant shall take and pass an examination pertaining to the rules of the road, a vision test, and a road test.
        1. The division shall charge a fee of two dollars ($2.00) for each certificate issued.
        2. The proceeds from these fees shall be deposited into the State Treasury as special revenues and credited to the Division of Arkansas State Police Fund.

History. Acts 1977, No. 561, § 3; 1985, No. 972, § 4; A.S.A. 1947, §§ 75-1714, 75-1714.1; Acts 1987, No. 410, § 1; 1993, No. 445, § 35; 2011, No. 1221, § 1; 2019, No. 315, § 3122.

Amendments. The 2011 amendment substituted “fourteen (14)” for “ten (10)” in (c)(2)(A)(ii); and inserted (c)(2)(A)(iii).

The 2019 amendment inserted “rules” in (a).

27-20-112. Report of convictions required.

    1. Every court in the State of Arkansas, immediately upon the conviction of any license holder under this subchapter, shall report to the Department of Arkansas State Police the fact of the conviction, the date of the conviction, the date of the offense, the ordinance or law violated, the penalty inflicted, and whether or not an appeal has been taken.
    2. In any case where an appeal has been taken, the conviction shall not be charged against the license holder until the disposition of the case on appeal.
  1. The failure of the clerk of the court to report as provided in this section shall be construed as nonfeasance in office and shall be grounds for the removal of the clerk.

History. Acts 1959, No. 201, § 6; A.S.A. 1947, § 75-1706.

27-20-113. Suspension of license.

  1. Whenever the operator of any motorcycle, motor-driven cycle, or motorized bicycle in this state shall have been convicted of three (3) or more moving traffic violations in any twelve-month period, any license issued under this subchapter to that person shall be suspended for not less than six (6) months.
  2. Upon receipt of an order of denial of driving privileges under § 5-64-710 or § 5-65-116, the Department of Finance and Administration shall:
    1. Suspend any license issued the minor under this subchapter for twelve (12) months, or until the minor reaches eighteen (18) years of age, whichever is longer;
    2. In the event any license issued the minor under this subchapter is under suspension by the department for another offense or other violations, that license shall be suspended an additional twelve (12) months, or until the minor reaches eighteen (18) years of age, whichever is longer; or
    3. If the minor has not been issued a license under this subchapter, the issuance of a license shall be delayed for an additional twelve (12) months after the minor applies for a license, or until the minor reaches eighteen (18) years of age, whichever is longer.
  3. Upon receipt of an order of denial of driving privileges under § 27-16-915, the department shall:
    1. Suspend any license issued the person under this subchapter for twelve (12) months;
    2. In the event any license issued the person under this subchapter is under suspension by the department for another offense or other violations, that license shall be suspended an additional twelve (12) months; or
    3. If the person has not been issued a license under this subchapter, the issuance of a license shall be delayed for an additional twelve (12) months after the person applies for such a license.
  4. Penalties prescribed in this section shall be in addition to all other penalties prescribed by law for offenses covered by this section.

History. Acts 1959, No. 201, § 5; A.S.A. 1947, § 75-1705; Acts 1993, No. 1257, § 5.

A.C.R.C. Notes. Acts 1993, No. 1257, § 7, provided:

“The Director of the Department of Finance and Administration is authorized to enter into any agreements or arrangements with other states and to take all action deemed necessary or proper, including the making and promulgation of rules and regulations, in order that the amendments contained in this Act may be effectuated.”

27-20-114. Rules.

The Department of Finance and Administration is authorized to adopt such rules and practices not inconsistent with this subchapter as it deems necessary or appropriate to carry out the purposes of this subchapter.

History. Acts 1977, No. 797, § 3; A.S.A. 1947, § 75-1716; Acts 2019, No. 315, § 3123.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the text.

27-20-115. Local regulations.

    1. The provisions of this subchapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities.
    2. No local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of this subchapter.
  1. Local authorities may adopt additional traffic regulations which are not in conflict with the provisions of this subchapter.

History. Acts 1959, No. 201, § 8; A.S.A. 1947, § 75-1708.

27-20-116. Exemptions.

Persons who operate vehicles described in § 27-20-101, when operation of the vehicle shall be on a farm, private property, or specifically for moving to a farm, shall be exempt from the provisions of this subchapter.

History. Acts 1985, No. 972, § 5; A.S.A. 1947, § 75-1701.1.

27-20-117. Automatic issuance of operator's license.

Notwithstanding any provision of this subchapter or any other laws to the contrary, when a person holding a valid motor-driven cycle operator's license reaches sixteen (16) years of age, he or she shall automatically be issued a motorcycle operator's license and shall not be required to submit to the examinations prescribed by § 27-20-108.

History. Acts 1991, No. 614, § 1.

A.C.R.C. Notes. References to “this subchapter” in §§ 27-20-10127-20-116 may not apply to this section, which was enacted subsequently.

27-20-118. Restrictions on young children.

  1. Except as provided under subsection (b) of this section, it is unlawful for the driver of a motorcycle to allow a child to ride as a passenger on a motorcycle on a street or highway unless the child is at least eight (8) years of age.
  2. This section shall not apply to the driver of a motorcycle who is a participant in a parade.

History. Acts 2005, No. 1942, § 2.

27-20-119. [Repealed.]

Publisher's Notes. This section, concerning autocycles, was repealed by Acts 2017, No. 689, § 1. The section was derived from Acts 2009, No. 636, § 2.

27-20-120. Veterans of Foreign Wars motorcycle license plates — Definitions.

  1. As used in this section:
    1. “Eligible applicant” means a person who establishes by membership card or Life Member card upon initial application that he or she is a member of the:
      1. Veterans of Foreign Wars;
      2. Ladies Auxiliary to the Veterans of Foreign Wars;
      3. Men's Auxiliary to the Veterans of Foreign Wars;
      4. Auxiliary to the Veterans of Foreign Wars;
      5. Junior Girls of the Ladies Auxiliary to the Veterans of Foreign Wars; or
      6. Sons of the Veterans of Foreign Wars; and
    2. “Special motorcycle license plate” means a special license plate issued under this section for a motorcycle as defined under § 27-20-101.
  2. The Department of Finance and Administration is authorized to issue a special motorcycle license plate to an eligible applicant.
  3. The Department of Finance and Administration shall design the special license plate issued under this section in consultation with the Department of Arkansas Veterans of Foreign Wars.
    1. An applicant who qualifies for a special motorcycle license plate under subdivision (a)(1)(A) of this section:
      1. Shall pay:
        1. A fundraising fee of ten dollars ($10.00) for the issuance and renewal of his or her first special motorcycle license plate; and
        2. An annual fee not to exceed one dollar ($1.00) that the Department of Finance and Administration may charge for the issuance and renewal of the first special license plate; and
      2. May obtain and renew additional special motorcycle license plates upon payment of a fundraising fee in the amount of ten dollars ($10.00) and the fee for licensing a motorcycle under § 27-14-601.
    2. An applicant who qualifies for a special motorcycle license plate under subdivisions (a)(1)(B)-(F) of this section shall, for the issuance and renewal of any license plate issued under this subsection, pay:
      1. A fundraising fee of ten dollars ($10.00); and
      2. The fee for licensing a motorcycle as provided in § 27-14-601.
    3. The fundraising fee of ten dollars ($10.00) paid by any applicant on issuance or renewal of a special motorcycle license plate under this section shall be remitted monthly to the Nick Bacon VFW Special Veterans Scholarship Fund.
  4. The registration of a special motorcycle license plate under this section may continue from year to year if it is renewed each year within the time and manner required by law.

History. Acts 2013, No. 991, § 1; 2015, No. 698, § 1.

Amendments. The 2015 amendment rewrote (d).

Subchapter 2 — Three-Wheeled, Four-Wheeled, and Six-Wheeled All-Terrain Vehicles

Cross References. All-terrain vehicles, § 27-21-101 et seq.

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-20-201. Penalty.

Any owner of a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle failing to register it within thirty (30) calendar days after the transfer date or the date of release of a lien by a prior lienholder, whichever is greater, shall be assessed an additional penalty of three dollars ($3.00) for each ten-calendar-day period or fraction thereof for which he or she fails to properly register the vehicle until the penalty reaches the same amount as the registration fee of the cycle to be registered.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 1997, No. 809, § 2; 2001, No. 462, § 1; 2007, No. 305, § 2.

27-20-202. Registration required.

  1. All owners of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles that are not otherwise required to be registered by law shall register them with the Secretary of the Department of Finance and Administration within thirty (30) calendar days of acquiring them.
    1. The owners shall offer proof of ownership satisfactory to the Department of Finance and Administration.
        1. If the person seeking to register the all-terrain vehicle cannot offer satisfactory proof of ownership, the department may register it if the person seeking registration posts a bond equal to at least one and one-half (1½) times the market value of the all-terrain vehicle.
        2. The bond shall be a cash bond, a letter of credit, a surety bond issued by a fidelity or surety company authorized to do business in Arkansas, or a personal bond signed by at least two (2) property owners in this state.
        3. The bond shall be for a period of three (3) years and made payable to the department to be used by the department to pay any valid claim arising from the disputed ownership of the all-terrain vehicle.
        1. If the three-wheeled or four-wheeled all-terrain vehicle was manufactured on or before December 31, 1992, then proof of ownership shall not be required to obtain registration, and a statement of ownership shall be accepted as proof of ownership.
        2. The statement of ownership may be prepared by the person and shall contain the following information:
          1. The person's name;
          2. A description of the vehicle;
          3. A statement that the vehicle was manufactured on or before December 31, 1992;
          4. A statement of ownership; and
          5. The person's signature.
        3. The provisions of this subdivision (b)(2)(B) shall not apply to six-wheeled all-terrain vehicles.
  2. The cost of registration shall be five dollars ($5.00).

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 1993, No. 1308, § 1; 2001, No. 462, § 2; 2003, No. 845, § 1; 2007, No. 305, § 3; 2019, No. 910, § 4696.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-20-203. No equipment or inspection requirements.

There shall be no equipment requirement or safety inspection requirement as a precondition to registration of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 4.

27-20-204. Taxes to be paid.

The tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., on the sale of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles shall be collected by the seller of the vehicle as required by § 26-52-513.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 5.

Cross References. Gross receipts tax, sales of motor-driven and all-terrain cycles, § 26-52-513.

27-20-205. Certificate of title.

  1. The Secretary of the Department of Finance and Administration shall issue a certificate of title to the owner of a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle that has been registered with the Department of Finance and Administration.
  2. The certificate shall identify the owner's name and address, the vehicle manufacturer, model, year, identification number, seller, date of sale, lienholder, and lienholder's address.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 6; 2019, No. 910, § 4697.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-20-206. Numbered license decal.

The Secretary of the Department of Finance and Administration shall furnish the owners of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles that have been registered with the Department of Finance and Administration a numbered license decal that shall be attached to the left front side of the vehicle.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 7; 2019, No. 910, § 4698.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-20-207. No renewal of registration.

No renewal of registration of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles shall be required.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 8.

27-20-208. Rules.

The Secretary of the Department of Finance and Administration may promulgate such rules as necessary to implement this subchapter.

History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2019, No. 315, § 3124; 2019, No. 910, § 4699.

Amendments. The 2019 amendment by No. 315 substituted “Rules” for “Regulations” in the section heading; and deleted “and regulations” following “rules” in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 3 — Autocycle Act

27-20-301. Title.

This subchapter shall be known and may be cited as the “Autocycle Act”.

History. Acts 2009, No. 636, § 1; 2017, No. 689, § 2.

Amendments. The 2017 amendment substituted “‘Autocycle Act’” for “‘Electric Autocycle Act’”.

27-20-302. Purpose.

The purpose of this subchapter is to:

  1. Allow the registration and licensing of autocycles as an environmentally friendly option for Arkansans to provide an affordable transportation option that will reduce our dependency on foreign oil; and
  2. Provide economic stimulus to the emerging industry of autocycles.

History. Acts 2009, No. 636, § 1.

27-20-303. Definition — Regulations.

  1. As used in this subchapter, “autocycle” means a motorcycle as defined in § 27-49-114(9) that is equipped with:
    1. Three (3) tires;
    2. A steering wheel;
    3. Seating that does not require the operator to straddle or sit astride the seat;
    4. Headlights as required under § 27-20-104(a)(1);
    5. Tail lamps as required under § 27-20-104(a)(3);
    6. Brakes as required under § 27-20-104(a)(4);
    7. A working horn as required under § 27-20-104(a)(5); and
    8. Signal lamps as provided under § 27-36-216.
  2. An autocycle that is operated by electricity shall not be required to have a muffler.
  3. An autocycle is a motor vehicle for the purposes of minimum insurance liability under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.
  4. An autocycle is not an all-terrain vehicle under § 27-20-201 et seq. or § 27-21-101 et seq.

History. Acts 2009, No. 636, § 1; 2017, No. 689, § 3.

Amendments. The 2017 amendment rewrote the section heading and the section.

Cross References. Motor vehicle liability insurance, § 27-22-101 et seq.

27-20-304. Registration and licensing — Fees.

  1. The owner of an autocycle may register and license it as a motorcycle under § 27-20-105.
  2. In addition to the application to register the autocycle, the owner of an autocycle shall provide proof of insurance as required under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.
  3. The fee for registering and licensing an autocycle shall be five dollars ($5.00).

History. Acts 2009, No. 636, § 1.

Cross References. Motor vehicle liability insurance, § 27-22-101 et seq.

27-20-305. Rules of the road applicable.

The operator of an autocycle that is registered and licensed under this section shall comply with and is subject to the same penalties for violating the rules of the road as provided under § 27-51-101 et seq.

History. Acts 2009, No. 636, § 1.

27-20-306. Operation requirements — Passengers.

    1. If the operator of an autocycle is eighteen (18) years of age or older, the operator shall have a valid driver's license and shall not be required to have the motorcycle endorsement required under § 27-20-106.
      1. If the operator of an autocycle is under eighteen (18) years of age, the operator shall have a valid instruction permit, learner's license, or intermediate license.
      2. An operator of an autocycle under eighteen (18) years of age shall comply with all requirements concerning the permit or license that he or she holds.
  1. The mandatory seat belt use under § 27-37-701 et seq. shall apply to the operator and all passengers in the autocycle.
  2. Unless an autocycle is equipped with a fully enclosed metal or metal-reinforced cab with safety glass that complies with 49 C.F.R. § 571.205 and 49 C.F.R § 571.205(a), in effect on January 1, 2019, and mirrors that comply with 49 C.F.R. § 571.111, in effect on January 1, 2019, the operator of or passenger in an autocycle shall comply with § 27-20-104(b) requiring:
    1. Protective headgear; and
    2. Protective glasses, goggles, or transparent face shields.
    1. An operator of the autocycle shall have no more passengers than the number of seats provided by the manufacturer of the autocyle.
    2. The requirements of § 27-20-110 shall not apply to autocycles.
  3. A child may be a passenger in an autocycle if the autocycle is equipped with a fully enclosed metal or metal-reinforced cab with safety glass that complies with 49 C.F.R. § 571.205 and 49 C.F.R § 571.205(a), in effect on January 1, 2019, and mirrors that comply with 49 C.F.R. § 571.111, in effect on January 1, 2019.
  4. Section 27-20-118 shall apply to autocycles.

History. Acts 2009, No. 636, § 1; 2017, No. 689, § 4; 2019, No. 394, §§ 4, 5.

Amendments. The 2017 amendment rewrote (c); substituted “no more passengers than the number of seats provided by the manufacturer of the autocycle” for “not more than three (3) passengers in the autocycle” in (d)(1); rewrote (e); and added (f).

The 2019 amendment, in the introductory language of (c) and in (e), substituted “safety glass” for “glass”, inserted “that complies with 49 C.F.R. § 571.205 and 49 C.F.R. § 571.205(a), in effect on January 1, 2019”, and substituted “that comply with 49 C.F.R. § 571.111, in effect on January 1, 2019” for “that complies with § 27-37-301 et seq. [repealed] regarding safety glass and mirrors”; and made stylistic changes.

27-20-307. Operation limitations.

An autocycle that is operated by electricity shall not be operated on:

  1. An interstate highway; or
  2. A road or highway if:
    1. The operation of autocycles or motorcycles is prohibited;
    2. The road is a controlled-access highway;
    3. The posted speed limit is more than fifty-five miles per hour (55 m.p.h.); or
    4. The autocycle cannot maintain a speed equal to the posted speed limit.

History. Acts 2009, No. 636, § 1; 2017, No. 689, § 5.

Amendments. The 2017 amendment inserted “that is operated by electricity” in the introductory language; rewrote former (a) as (1); rewrote former (b) as (2); and made stylistic changes.

27-20-308. Rules.

The Department of Finance and Administration may adopt rules for the implementation and administration of this subchapter.

History. Acts 2009, No. 636, § 1.

Chapter 21 All-Terrain Vehicles

Publisher's Notes. Former chapter 21, which also concerned the operation of all-terrain vehicles on public streets and highways, was repealed by Acts 1987, No. 804, § 8. The chapter was derived from the following sources:

27-21-101. Acts 1985, No. 1011, § 1; A.S.A. 1947, § 75-1061.

27-21-102. Acts 1985, No. 1011, § 4; A.S.A. 1947, § 75-1064.

27-21-103. Acts 1985, No. 1011, § 2; A.S.A. 1947, § 75-1062.

27-21-104. Acts 1985, No. 1011, § 3; A.S.A. 1947, § 75-1063.

Cross References. Registration of all-terrain vehicles, § 27-20-202.

Effective Dates. Identical Acts 2018 (2nd Ex. Sess.), Nos. 2 and 11, § 2: Mar. 19, 2018. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Arkansas offers an abundance of all-terrain vehicle parks and trails which attract nationwide all-terrain vehicle tourism to the state; that riding all-terrain vehicles is one of the fastest growing recreational uses of the state's national forests; that there are small businesses that rely heavily on the all-terrain vehicle tourism generated by the state's all-terrain vehicle parks and trails; and that the current restriction imposed by Acts 2017, No. 272, limiting the operation of an all-terrain vehicle upon a public street or highway is detrimental to the economic well-being of small businesses catering to all-terrain vehicle tourism and to the overall all-terrain vehicle tourism of the state. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Notes.

Laurence, Some Practical Advice on How to Perfect a Security Interest in an All-Terrain Vehicle, 1996 Ark. L. Notes 59.

Case Notes

Motor Vehicles.

An all-terrain vehicle meets the definition of a motor vehicle as set out in § 27-14-207, since all-terrain vehicles are self-propelled and do not require rails; the term motor vehicle, as used in § 5-65-103, also includes all-terrain vehicles. Fitch v. State, 313 Ark. 122, 853 S.W.2d 874 (1993).

27-21-101. Purpose.

It is the intent and purpose of this chapter to regulate the use of recreational all-terrain vehicles by restricting their use on the public streets and highways of this state. This law seeks to ensure the safety and general welfare of the citizens of Arkansas by limiting the situations where all-terrain vehicles are permitted to be used in a dangerous and unsafe fashion.

History. Acts 1987, No. 804, § 1.

27-21-102. Definitions.

As used in this chapter:

    1. “All-terrain vehicle” means a vehicle that:
      1. Has three (3), four (4), or six (6) wheels;
      2. Is fifty inches (50") or less in width;
      3. Is equipped with nonhighway tires;
      4. Is designed primarily for off-road recreational use; and
      5. Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).
    2. “All-terrain vehicle” includes a recreational off-highway vehicle.
    3. “All-terrain vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor;
  1. “Nonhighway tire” means a pneumatic tire:
    1. Six inches (6") or more in width;
    2. Designed for use on a wheel with a rim diameter of fourteen inches (14") or less; and
    3. That uses an operating pressure of twenty pounds per square inch (20 psi) or less as recommended by the vehicle manufacturer;
  2. “Public streets and highways” means the part of the street, road, or highway, including the improved road shoulder, that is open to vehicular traffic and that is maintained by the state or by a political subdivision of the State of Arkansas and includes any federal highways; and
    1. “Recreational off-highway vehicle” means a vehicle that:
      1. Has four (4) or six (6) wheels;
      2. Is seventy-five inches (75") or less in width;
      3. Is equipped with nonhighway tires;
      4. Is designed primarily for off-road recreational use; and
      5. Has an engine displacement of no more than one thousand cubic centimeters (1,000 cc).
    2. “Recreational off-highway vehicle” includes a:
      1. Multipurpose off-highway utility vehicle; and
      2. Utility task vehicle.
    3. “Recreational off-highway vehicle” does not include a golf cart, riding lawnmower, or lawn or garden tractor.

History. Acts 1987, No. 804, § 2; 2007, No. 305, § 9; 2011, No. 583, § 1; 2017, No. 272, § 1.

Amendments. The 2011 amendment subdivided (1); added “a vehicle that” at the end of (1)(A); substituted “Has three (3), four (4), or (6) wheels” for “every three-wheeled, four-wheeled, or six-wheeled vehicle” in (1)(A)(i); substituted “Is fifty inches (50")” for “seventy-five (75")” in (1)(A)(ii); substituted “nonhighway” for ”low pressure” in (1)(A)(iii); inserted (1)(B); subdivided part of (2); substituted “Nonhighway tire” for “Low pressure tire” in (2); substituted “fourteen inches (14")” for “twelve inches (12")” in (2)(B); in (2)(C), substituted “twenty” for “ten” and “(20 psi)” for “(10 psi)”; and added (4).

The 2017 amendment inserted (4)(B); and redesignated former (4)(B) as (4)(C).

27-21-103. Construction.

Nothing in this chapter shall be construed to require an all-terrain vehicle to be registered as a motor vehicle, motorcycle, or motor-driven cycle for operation on the public streets and highways.

History. Acts 1987, No. 804, § 5.

27-21-104. Penalty.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) or imprisoned not more than thirty (30) days, or shall be both fined and imprisoned.

History. Acts 1987, No. 804, § 7.

Case Notes

Cited: Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993).

27-21-105. Enforcement.

The officers and employees of the Department of Agriculture shall have no authority to enforce the provisions of this chapter.

History. Acts 1987, No. 804, § 6; 2015, No. 724, § 1; 2019, No. 910, § 125.

Amendments. The 2015 amendment deleted “Arkansas State Game and Fish Commission, the Arkansas State Highway and Transportation Department, and the” preceding “Arkansas Forestry.”

The 2019 amendment substituted “Department of Agriculture” for “Arkansas Forestry Commission”.

27-21-106. Operation on public streets and highways unlawful — Exceptions — Definition.

  1. It is unlawful for a person to operate an all-terrain vehicle on a public street or highway of this state, even if the all-terrain vehicle otherwise meets the equipment standards of § 27-20-104, except under the following conditions and circumstances:
    1. A person may operate an all-terrain vehicle on a public street or highway if the all-terrain vehicle is:
      1. Used in farming or hunting operations; and
      2. Operated on a public street or highway in order to get from one field to another;
      1. An all-terrain vehicle may be operated on a public street or highway if:
        1. The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and
        2. The all-terrain vehicle:
          1. Comes to a complete stop before making the direct crossing;
          2. Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and
          3. Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway.
        1. An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway.
        2. In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on;
      1. A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following:
        1. A nonhard-surfaced road;
        2. The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or
        3. A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one off-road trail to another off-road trail or from his or her private property to an off-road trail.
      2. An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking disability shall be equipped with a red flag at least six inches (6") wide and twelve inches (12") long on a pole or staff extending at least thirty-six inches (36") above the level of the seat
      3. For the purposes of this subdivision (a)(3), “serious walking disability” means any walking disability certified as serious by a licensed physician.
      4. A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the all-terrain vehicle the physician's certificate certifying that the person has a serious walking disability.
      5. A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the interstate highway system or on a fully controlled access highway;
      1. An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on a public street or highway.
      2. A municipal on-duty firefighter or a person performing an official firefighting function may operate an all-terrain vehicle on a public street or highway.
      3. An on-duty emergency medical technician or a person performing an official emergency medical technician function may operate an all-terrain vehicle on a public street or highway;
    2. An employee of a utility, telecommunications, or cable company working during a time of emergency or severe weather may operate an all-terrain vehicle on a public street or highway; and
    3. An employee of the Department of Parks, Heritage, and Tourism may operate a department-owned all-terrain vehicle on a public street or highway to access contiguous areas of a state park in order to perform his or her duties as an employee of the department.
  2. When two (2) or more all-terrain vehicles are operating together on a public street or highway as permitted under this chapter, each all-terrain vehicle shall operate in single file except while overtaking another all-terrain vehicle. The operator of an all-terrain vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left until safely clear of the overtaken vehicle. This subsection shall not prohibit an operator of an all-terrain vehicle from overtaking and passing upon the right another vehicle that is making or about to make a left turn if the overtaking and passing is accomplished in accordance with Arkansas law.

History. Acts 1987, No. 804, § 3; 1987, No. 1029, §§ 1, 2; 2007, No. 305, § 10; 2009, No. 701, § 1; 2011, No. 13, § 1; 2011, No. 704, § 1; 2013, No. 69, § 1; 2019, No. 1048, § 1.

Amendments. The 2009 amendment, in (a)(3), inserted (a)(3)(A)(iii) and redesignated the remaining text accordingly; rewrote (a)(3)(A)(ii); substituted “An all terrain vehicle used as provided under subdivision (a)(3)(A) of this section” for “Each vehicle, while being ridden on a non-hard surfaced road or on the right-of-way of a state or federal highway as authorized in this subdivision” in (a)(3)(B); substituted “A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section” for “Any person operating an all-terrain vehicle on a non-hard surfaced road or on the right-of-way of a state or federal highway pursuant to the authority granted in this subdivision (a)(3)” in (a)(3)(D); inserted (a)(3)(E); and made related and minor stylistic changes.

The 2011 amendment by No. 13 subdivided (a)(1) and (2); substituted “A person may operate an all-terrain vehicle“ for “an all-terrain vehicle may be operated” in the introductory language of (a)(1); and added (a)(4).

The 2011 amendment by No. 704 added (a)(5).

The 2013 amendment substituted “a public street or highway” and “a public street or road” for “the public streets and highways” and “public streets and roads,” substituted “disability” for “handicap” and inserted “all-terrain vehicle” throughout the section; inserted “before making the direct crossing” in (a)(2)(A)(ii) (a) ; substituted “An all-terrain vehicle may cross a divided highway” for “In crossing divided highways, the crossing may be made” in (a)(2)(B)(i); rewrote (a)(3)(A); inserted the (a)(4)(A) designation and added (a)(4)(B) and (C); and rewrote (b).

The 2019 amendment added (a)(6).

27-21-107. Operation by minors — Manner of operation.

    1. A person twelve (12) years of age or older shall be entitled to operate an all-terrain vehicle in this state if the use is in compliance with all other provisions of this chapter.
    2. A person less than twelve (12) years of age shall be entitled to operate an all-terrain vehicle in this state only if he or she is under the direct supervision of a person who is at least eighteen (18) years of age or if he or she is on land owned by, leased, rented, or under the direct control of his or her parent or legal guardian, or if he or she is on land with the permission of the owner.
  1. A person shall not operate an all-terrain vehicle in this state:
    1. At a rate of speed greater than is reasonable and proper under the conditions then existing; and
    2. During the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise without displaying a lighted headlight and a lighted taillight.

History. Acts 1987, No. 804, § 4.

27-21-108. Equipment.

  1. Every all-terrain vehicle operated in this state shall be equipped with an adequate muffler system in good working condition. Every all-terrain vehicle operated in this state shall be equipped with a United States Forest Service-qualified spark arrester.
  2. No person shall:
    1. Equip the exhaust system of an all-terrain vehicle with a cutout, bypass, or similar device;
    2. Operate an all-terrain vehicle with an exhaust system equipped with a cutout, bypass, or similar device; or
    3. Operate an all-terrain vehicle with the spark arrester removed or modified except for use in closed-course competition events.

History. Acts 1987, No. 804, § 4.

27-21-109. Defenses to prosecution — Definition.

  1. It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.
  2. It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that:
    1. The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;
    2. The public street or highway was not an interstate highway;
    3. Traveling on the public street or highway was the most reasonable route of access available to him or her from:
      1. One off-road trail to another off-road trail; or
      2. His or her private property to an off-road trail; and
    4. His or her purpose for riding on the public street or highway was to get from:
      1. One off-road trail to another off-road trail; or
      2. His or her private property to an off-road trail.
  3. As used in this section, “his or her private property” means real property that an operator of an all-terrain vehicle:
    1. Owns;
    2. Leases;
    3. Resides at with the owner or lessee of the real property; or
    4. Is staying at for a specific period of time as an invitee, including without limitation a:
      1. Vacation resort;
      2. Rental cabin;
      3. Deeded timeshare; or
      4. Right-to-use timeshare.

History. Acts 1987, No. 804, § 4; 2003, No. 543, § 1; 2017, No. 272, §§ 2, 3; 2018 (2nd Ex. Sess.), No. 2, § 1; 2018 (2nd Ex. Sess.), No. 11, § 1.

Amendments. The 2017 amendment rewrote (b)(3) and (b)(4); and added (c) and (d).

The 2018 (2nd Ex. Sess.) amendment by identical acts Nos. 2 and 11 deleted “Definition” from the end of the section heading; substituted “not a” for “no” in (a); in (b), substituted “is” for “shall be” and “a public street or highway” for “the public streets or highways”; in (b)(3)(A), substituted “One” for “The” and deleted “where he or she parked the motor vehicle used to transport the all-terrain vehicle” following the first occurrence of “trail”; deleted “or to a tract of land that is private property” following “trail” in (b)(3)(B); rewrote (b)(4); and deleted (d).

27-21-110. Liability for all-terrain vehicle use on private property — Definitions.

  1. As used in this section:
    1. “All-terrain vehicle use” means riding an all-terrain vehicle on a road, trail, path, or other surface on private property;
    2. “Inherent risk of all-terrain vehicle use” means the dangers or conditions that are an integral part of all-terrain vehicle use on roads, trails, paths, or other surfaces, including without limitation:
      1. Injury or death caused by:
        1. A change or variation in the surface that may cause a participant to lose control, lose his or her balance, or crash the all-terrain vehicle; or
        2. A collision with a natural or man-made object;
      2. Operator error, including equipment failure due to operator error;
      3. Attack or injury by an animal; and
      4. The aggravation of an injury, illness, or condition because the injury, illness, or condition occurred in a remote place where medical facilities are not available;
    3. “Owner of private property” means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or organized agent, that sponsors, organizes, rents, or provides to a participant the use of private property for all-terrain vehicle use; and
    4. “Participant” means an individual who rents, leases, or uses an all-terrain vehicle on private property whether or not a fee is paid.
      1. A participant assumes the inherent risk of all-terrain vehicle use by engaging in all-terrain vehicle use on private property.
      2. A participant or his or her representative shall not have a claim against, maintain an action against, or recover from an owner of private property for loss, damage, or injury to, or the death of, the participant resulting from the inherent risk of all-terrain vehicle use.
    1. An owner of private property is not liable for an injury to or the death of a participant resulting from the inherent risk of all-terrain vehicle use.
  2. This section does not:
    1. Apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.; or
    2. Prevent or limit the liability of an owner of private property that:
      1. Intentionally injures a participant;
      2. Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury to or the death of the participant;
      3. Provides an unsafe all-terrain vehicle to a participant and knew or should have known that the all-terrain vehicle was unsafe to the extent that it could cause an injury;
      4. Fails to use the degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
      5. Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.

History. Acts 2019, No. 794, § 1.

Chapter 22 Motor Vehicle Liability Insurance

Subchapter 1 — General Provisions

Cross References. Automobile liability insurance generally, § 23-89-201 et seq.

Proof of insurance, § 27-13-102.

Effective Dates. Acts 1991, No. 988, § 9: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that violation of the motor vehicle licensing law is epidemic in this state resulting in lost revenues to schools and the state and local governments; that the present enforcement mechanism is not a deterrent to the violation; that this act is an attempt to enhance the enforcement of the motor vehicle licensing law; that until this act goes into effect, the motor vehicle licensing law will continue to be violated resulting in lost revenue to schools and state and local governments; that enhancing penalties for repeat offenses of the liability insurance requirement is necessary to increase compliance with the law; and that this act is immediately necessary to provide efficient enforcement of the motor vehicle licensing law and motor vehicle liability insurance law. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 881, § 28: Mar. 25, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly of the State of Arkansas that the present funeral pre-need laws, employee leasing firm laws, and other insurance laws are inadequate to protect the public. In pertinent part, the changes to the Insurance Code needed to assure the stability of funding for the Fraud Investigation Division of the Department must be enacted in the laws of this state well before the new fiscal year beginning July 1, 1999. The changes to authorized appropriations, as well as changes to the disability (health) insurance laws on individuals to conform to the federal laws on group policies with guaranteed renewability require immediate adoption; and unless this emergency clause is adopted, this act might not become effective until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 998, § 4: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the lack of compliance with the motor vehicle liability insurance law is epidemic in this state; that the owners of motor vehicles that have not complied with mandatory insurance requirements increase the potential financial catastrophe to others involved in accidents with them; that this act is designed and intended to provide enforcement provisions and to ensure increased compliance with the motor vehicle liability insurance law of this state; and that the enactment of new and enhanced penalties and requirements will increase compliance with the motor vehicle liability insurance law. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Acts 2007, No. 485, § 9: Jan. 1, 2008.

Acts 2013, No. 282, § 17: March 6, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one-year period; that the effectiveness of this act as soon as possible is essential to the operation of the judiciary and the administration of justice; and that this act is immediately necessary because the delay in the effective date of this act could cause irreparable harm upon the proper administration of essential governmental programs. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on:

“(1) The date of its approval by the Governor;

“(2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or

“(3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 869, § 24. Contingent effective date clause provided: “Section 2 and Section 5 of this act are effective on and after the date the Director of the Department of Finance and Administration and the advisory group established under § 27-22-203: (1) Determine that the online insurance verification system established under the Arkansas Online Insurance Verification System Act, § 27-22-201 et seq. is fully operational; and (2) Notify the Legislative Council and the Director of the Bureau of Legislative Research that the first fifteen dollars ($15.00) of a fine assessed under § 27-22-103(a) or § 27-22-103(b) may be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-22-101. Legislative intent — Applicability.

  1. This chapter is not intended in any way to alter or affect the validity of any policy provisions, exclusions, exceptions, or limitations contained in a motor vehicle insurance policy required by this chapter.
  2. The provisions of this chapter shall not be applicable to state-owned vehicles nor to state employees while operating the state-owned vehicles.

History. Acts 1987, No. 442, §§ 4, 6; 1987, No. 474, § 2.

A.C.R.C. Notes. Acts 1987, No. 474, § 4, also enacted an exemption for state employees driving state-owned vehicles, which has not been codified since its language varies only slightly from that in subsection (b) of this section.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

In General.

Trial court did not err when it dismissed a negligence suit brought by injured motorist against the owner of an uninsured motorcycle that was being driven by someone else at the time of the accident because the motorist had failed to state a claim under the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq., or the Motor Vehicle Liability Insurance Act, § 27-22-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Based on the plain language and the legislative history of the provisions of the Motor Vehicle Liability Insurance Act, § 27-22-101, et seq., and the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., the Supreme Court of Arkansas declined to impose civil liability on a motor vehicle owner solely for failing to insure his or her motor vehicle. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Construction.

Motor Vehicle Liability Insurance Act, § 27-22-101, et seq., is supplemental to and cumulative to the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Common Law.

Arkansas compulsory insurance statutes have not abrogated the insurer's common law right to rescission when: (1) only the insurer and the insured are involved in a noncompulsory provision of the policy, and (2) the policy has been in existence less than 60 days, unless it is a renewal policy. Ferrell v. Columbia Mut. Ins. Cas. Co., 306 Ark. 533, 816 S.W.2d 593 (1991).

Exclusion.

This chapter would not render a clause in an automobile liability insurance policy, excluding coverage to the minor son of the insured, void as against public policy. Smith v. Shelter Mut. Ins. Co., 327 Ark. 208, 937 S.W.2d 180 (1997).

A named-insured exclusion clause, which stated that “no coverage is afforded by this policy while any vehicle is being used, driven, operated, or manipulated by, or under the care, custody or control of” a specified person, was not void as against public policy. Jordan v. Atlantic Cas. Ins. Co., 344 Ark. 81, 40 S.W.3d 254 (2001).

Legislature's intent is clear as stated in subsection (a) of this section, and that the compulsory insurance law of the Arkansas Code was not intended in any way to alter or affect the validity of any policy provisions, exclusions, exceptions, or limitations of automobile insurance policies; the trial court erred in granting the claimants' motions for summary judgment on grounds that the eluding lawful arrest exclusion violated public policy as set forth in the compulsory insurance law. Southern Farm Bureau Cas. Ins. Co. v. Easter, 374 Ark. 238, 287 S.W.3d 537 (2008).

Public Policy.

Grant of summary judgment in favor of the insurer and against the insured and his son was appropriate because the exclusionary clause was unambiguous, not in violation of public policy, and applicable to the undisputed facts. Under subsection (a) of this section, public policy was established by the legislature, and motor-vehicle insurance policy exclusions did not violate public policy. Hurst v. Southern Farm Bureau Cas. Ins. Co., 2011 Ark. App. 657 (2011).

Rescission.

Courts may sever compulsory provisions of an insurance policy from noncompulsory provisions and permit rescission only as to noncompulsory provisions. Ferrell v. Columbia Mut. Ins. Cas. Co., 306 Ark. 533, 816 S.W.2d 593 (1991).

Cited: Cook v. Wausau Underwriters Ins. Co., 299 Ark. 520, 772 S.W.2d 614 (1989); Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-22-102. Construction.

The provisions of this chapter shall be supplemental to and cumulative to the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

History. Acts 1987, No. 442, § 5.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-22-103. Penalty. [Effective until contingency in Acts 2019, No. 869, § 24 is met.]

  1. Except as provided in subsection (b) of this section, any person who operates a motor vehicle within this state shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) unless both the vehicle and the person's operation of the vehicle are covered by a certificate of self-insurance or an insurance policy as required under § 27-22-104(a)(1).
    1. Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the second offense, and the minimum fine shall be mandatory.
    2. Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or sentenced to one (1) year in jail, or both, for the third offense or for any subsequent offenses.
    3. Upon a showing that liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of arrest, the judge may dismiss the charge imposed under this act, and the penalties therefore shall not be imposed.
        1. If the person is unable to establish that liability coverage required by §§ 27-22-101 — 27-22-104 is in effect at the time of the disposition of the charge, the judge or clerk of the court shall prepare and transmit to the Office of Motor Vehicle an order suspending the registration of the motor vehicle involved in the violation until such time as the person presents proof of coverage to the Office of Motor Vehicle.
        2. The order shall include:
          1. The name and address of the person charged;
          2. The driver's license number, if any, of the person charged;
          3. The vehicle identification number or license plate number of the motor vehicle involved;
          4. The date of the hearing;
          5. The judgment of the court; and
          6. The amount of the fine.
        3. The judge or clerk of the court shall prepare and transmit an order under subdivision (b)(4)(A)(i) of this section within five (5) business days after the plea or judgment is entered.
        1. In order to reinstate the suspended registration for any suspended motor vehicle, the owner shall present proof of the requisite liability coverage to the Office of Motor Vehicle and shall pay to the Office of Motor Vehicle a fee of twenty dollars ($20.00) for reinstatement of the registration.
        2. The revenues derived from this reinstatement fee shall be deposited as a special revenue into the State Central Services Fund and credited as a direct revenue to be used by the Office of Motor Vehicle to offset the costs of administering this section.
        3. This fee shall be in addition to any other fines, fees, or other penalties for other violations of this subchapter.
  2. If the arresting officer is:
    1. An officer of the Division of Arkansas State Police, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Division of Arkansas State Police Fund to be used for the purchase and maintenance of state police vehicles;
    2. A county law enforcement officer, the fine collected shall be deposited into that county fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes; or
    3. A municipal law enforcement officer, the fine collected shall be deposited into that municipal fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes.

History. Acts 1987, No. 442, § 2; 1987, No. 474, § 1; 1989, No. 801, § 1; 1991, No. 988, §§ 3, 5; 1997, No. 991, § 1; 2001, No. 1408, § 3; 2003, No. 1765, § 34; 2007, No. 485, §§ 2, 9; 2011, No. 1046, § 1; 2019, No. 869, § 4.

A.C.R.C. Notes. Acts 1991, No. 988, § 1, provided:

“(a) It is hereby found and determined by the General Assembly that there is a large number of motor vehicles within this state which are not licensed; that this situation results in lost revenues to the state in the form of license fees not paid; that the owners of unlicensed motor vehicles most likely do not pay property taxes on such vehicles, thereby depriving local governments and school districts of vitally needed revenues; that it is probable that the owners of unlicensed new motor vehicles have not paid the sales tax on such new vehicles thereby depriving the state of a significant amount of tax revenues; that it is also probable that these owners have not complied with mandatory insurance requirements, thereby increasing the potential financial catastrophe to others involved in accidents with them; and that this act is designed to promote the enforcement of Arkansas' motor vehicle licensing laws.

“(b) It is further found and determined by the General Assembly that penalties for failure to obtain motor vehicle insurance are prescribed by Arkansas law; that enhancing penalties for second and third offenses of the liability insurance requirement will increase compliance with the requirement; therefore it is also the purpose of this act to enhance the penalties for repeat offenses of the liability insurance requirement.”

Publisher's Notes. For text of section effective when the contingency is met, see the following version.

Amendments. The 2011 amendment added (b)(4).

The 2019 amendment substituted “one hundred dollars ($100)” for “fifty dollars ($50.00)” in (a).

Meaning of “this act”. Acts 1991, No. 988, is codified as §§ 27-14-314, 27-22-103, and 27-22-104.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-22-103. Penalty. [Effective when contingency in Acts 2019, No. 869, § 24 is met.]

  1. Except as provided in subsection (b) of this section, any person who operates a motor vehicle within this state shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) unless both the vehicle and the person's operation of the vehicle are covered by a certificate of self-insurance or an insurance policy as required under § 27-22-104(a)(1).
    1. Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the second offense, and the minimum fine shall be mandatory.
    2. Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or sentenced to one (1) year in jail, or both, for the third offense or for any subsequent offenses.
    3. Upon a showing that liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of arrest, the judge may dismiss the charge imposed under this act, and the penalties therefore shall not be imposed.
        1. If the person is unable to establish that liability coverage required by §§ 27-22-101 — 27-22-104 is in effect at the time of the disposition of the charge, the judge or clerk of the court shall prepare and transmit to the Office of Motor Vehicle an order suspending the registration of the motor vehicle involved in the violation until such time as the person presents proof of coverage to the Office of Motor Vehicle.
        2. The order shall include:
          1. The name and address of the person charged;
          2. The driver's license number, if any, of the person charged;
          3. The vehicle identification number or license plate number of the motor vehicle involved;
          4. The date of the hearing;
          5. The judgment of the court; and
          6. The amount of the fine.
        3. The judge or clerk of the court shall prepare and transmit an order under subdivision (b)(4)(A)(i) of this section within five (5) business days after the plea or judgment is entered.
        1. In order to reinstate the suspended registration for any suspended motor vehicle, the owner shall present proof of the requisite liability coverage to the Office of Motor Vehicle and shall pay to the Office of Motor Vehicle a fee of twenty dollars ($20.00) for reinstatement of the registration.
        2. The revenues derived from this reinstatement fee shall be deposited as a special revenue into the State Central Services Fund and credited as a direct revenue to be used by the Office of Motor Vehicle to offset the costs of administering this section.
        3. This fee shall be in addition to any other fines, fees, or other penalties for other violations of this subchapter.
    1. The first fifteen dollars ($15.00) of a fine assessed under subsection (a) or subsection (b) of this section shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund.
    2. The Treasurer of State shall transfer the funds received under subdivision (c)(1) of this section to the Arkansas Citizens First Responder Safety Enhancement Fund by the end of each month.
  2. If the arresting officer is:
    1. An officer of the Division of Arkansas State Police, the remainder of the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by the Office of Administrative Services of the Department of Finance and Administration, for deposit into the Division of Arkansas State Police Fund to be used for the purchase and maintenance of state police vehicles;
    2. A county law enforcement officer, the remainder of the fine collected shall be deposited into that county fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes; or
    3. A municipal law enforcement officer, the remainder of the fine collected shall be deposited into that municipal fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes.

History. Acts 1987, No. 442, § 2; 1987, No. 474, § 1; 1989, No. 801, § 1; 1991, No. 988, §§ 3, 5; 1997, No. 991, § 1; 2001, No. 1408, § 3; 2003, No. 1765, § 34; 2007, No. 485, §§ 2, 9; 2011, No. 1046, § 1; 2019, No. 869, §§ 4, 5.

A.C.R.C. Notes. Acts 1991, No. 988, § 1, provided:

“(a) It is hereby found and determined by the General Assembly that there is a large number of motor vehicles within this state which are not licensed; that this situation results in lost revenues to the state in the form of license fees not paid; that the owners of unlicensed motor vehicles most likely do not pay property taxes on such vehicles, thereby depriving local governments and school districts of vitally needed revenues; that it is probable that the owners of unlicensed new motor vehicles have not paid the sales tax on such new vehicles thereby depriving the state of a significant amount of tax revenues; that it is also probable that these owners have not complied with mandatory insurance requirements, thereby increasing the potential financial catastrophe to others involved in accidents with them; and that this act is designed to promote the enforcement of Arkansas' motor vehicle licensing laws.

“(b) It is further found and determined by the General Assembly that penalties for failure to obtain motor vehicle insurance are prescribed by Arkansas law; that enhancing penalties for second and third offenses of the liability insurance requirement will increase compliance with the requirement; therefore it is also the purpose of this act to enhance the penalties for repeat offenses of the liability insurance requirement.”

Publisher's Notes. For text of section effective until the contingency is met, see the preceding version.

Amendments. The 2011 amendment added (b)(4).

The 2019 amendment substituted “one hundred dollars ($100)” for “fifty dollars ($50.00)” in (a); inserted (c); redesignated former (c) as (d); inserted “remainder of the” in (d)(1) through (d)(3); and substituted “the Office of Administrative Services” for “that office” following “provided by” in (d)(1).

Meaning of “this act”. Acts 1991, No. 988, is codified as §§ 27-14-314, 27-22-103, and 27-22-104.

Effective Dates. Acts 2019, No. 869, § 24. Contingent effective date clause provided: “Section 2 and Section 5 of this act are effective on and after the date the Director of the Department of Finance and Administration and the advisory group established under § 27-22-203: (1) Determine that the online insurance verification system established under the Arkansas Online Insurance Verification System Act, § 27-22-201 et seq. is fully operational; and (2) Notify the Legislative Council and the Director of the Bureau of Legislative Research that the first fifteen dollars ($15.00) of a fine assessed under § 27-22-103(a) or § 27-22-103(b) may be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund”.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Case Notes

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-22-104. Insurance required — Minimum coverage — Definitions.

    1. It is unlawful for a person to operate a motor vehicle within this state unless the motor vehicle and the person's operation of the motor vehicle are each covered by:
      1. A certificate of self-insurance under § 27-19-107; or
      2. An insurance policy issued by an insurance company authorized to do business in this state.
      1. There is a rebuttable presumption that the motor vehicle or its operation is uninsured if:
        1. The driver or the insured fails to present proof of current insurance coverage in the form of a proof-of-insurance card issued under § 23-89-213 at the time of the traffic stop or arrest; or
        2. The online insurance verification system fails to show current insurance coverage for the driver or the insured.
          1. A proof-of-insurance card or any temporary proof of insurance issued by the insurance company that meets the requirements of § 23-89-213 may be presented in either paper form or electronic form.
          2. As used in subdivision (a)(2)(B)(i)(a) of this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required under § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
        1. The presentment of proof of insurance in electronic form does not:
          1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
          2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
  1. The policy shall provide at a minimum the following coverage:
    1. Not less than twenty-five thousand dollars ($25,000) for bodily injury or death of one (1) person in any one (1) accident;
    2. Not less than fifty thousand dollars ($50,000) for bodily injury or death of two (2) or more persons in any one (1) accident; and
    3. If the accident results in damage to or destruction of property, not less than twenty-five thousand dollars ($25,000) for the damage to or destruction of property of others in any one (1) accident.
    1. For purposes of this subsection, “operating motor vehicle” means a motor vehicle that is actually driven out of the government-owned and government-operated storage facility under its own power.
    2. A government-owned and government-operated storage facility for motor vehicles may refuse to release an operating motor vehicle from the storage facility if the owner of the motor vehicle cannot establish that the motor vehicle is covered by insurance as required under this section.
    3. The following are exempt from the requirements of this subsection:
      1. A motor vehicle that is considered salvage;
      2. A motor vehicle when an insurer holds the title to the motor vehicle; and
      3. A motor vehicle that is not driven out of the government-owned and government-operated storage facility under its own power.

History. Acts 1987, No. 442, § 1; 1987, No. 474, § 1; 1991, No. 988, § 4; 1993, No. 357, § 1; 1997, No. 991, § 2; 1999, No. 1527, § 6; 2005, No. 2246, § 1; 2007, No. 485, §§ 3-5, 9; 2009, No. 313, § 1; 2011, No. 1046, § 2; 2013, No. 175, § 2; 2019, No. 869, § 6.

A.C.R.C. Notes. Acts 1991, No. 988, § 1, provided:

“(a) It is hereby found and determined by the General Assembly that there is a large number of motor vehicles within this state which are not licensed; that this situation results in lost revenues to the state in the form of license fees not paid; that the owners of unlicensed motor vehicles most likely do not pay property taxes on such vehicles, thereby depriving local governments and school districts of vitally needed revenues; that it is probable that the owners of unlicensed new motor vehicles have not paid the sales tax on such new vehicles thereby depriving the state of a significant amount of tax revenues; that it is also probable that these owners have not complied with mandatory insurance requirements, thereby increasing the potential financial catastrophe to others involved in accidents with them; and that this act is designed to promote the enforcement of Arkansas' motor vehicle licensing laws.

“(b) It is further found and determined by the General Assembly that penalties for failure to obtain motor vehicle insurance are prescribed by Arkansas law; that enhancing penalties for second and third offenses of the liability insurance requirement will increase compliance with the requirement; therefore it is also the purpose of this act to enhance the penalties for repeat offenses of the liability insurance requirement.”

Amendments. The 2009 amendment added (i).

The 2011 amendment rewrote (a)(1); substituted “damage” for “injury” in (b)(3); deleted former (c) through (h); and redesignated former (i) as present (c).

The 2013 amendment, in the introductory language of (a)(1), substituted “unless” for “if both,” and “are each” for “are not”; redesignated former (a)(2) as (a)(2)(A); inserted “a traffic stop or” in (a)(2)(A); and added (a)(2)(B).

The 2019 amendment rewrote (a)(2)(A).

Research References

Ark. L. Rev.

Recent Development: Arkansas Constitutional Law - Inventory Exception, 58 Ark. L. Rev. 753.

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

U. Ark. Little Rock L. Rev.

Oliver, None for the Road: Addressing the Problem of Uninsured Vehicles and Drivers in Arkansas, 21 U. Ark. Little Rock L. Rev. 167.

Chamberlin & Holt, Why Arkansas Should Overturn its Anti-Stacking Precedent: A Look at Aggregating Uninsured and Underinsured Motorist Coverage, 21 U. Ark. Little Rock L. Rev. 413.

Annual Survey of Case Law, Criminal Law. 28 U. Ark. Little Rock L. Rev. 698.

Case Notes

In General.

Trial court did not err when it dismissed a negligence suit brought by injured motorist against the owner of an uninsured motorcycle that was being driven by someone else at the time of the accident because the motorist had failed to state a claim under the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq., or the Motor Vehicle Liability Insurance Act, § 27-22-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

This section requires an officer to impound only the vehicle's license plate, not the car, in the event a driver is unable to present proof of insurance, and since Ark. R. Crim. P. 12.6 did not authorize the impoundment of a vehicle, but merely the search after a car had been properly impounded or retained, without an independent and proper basis for the impoundment itself, the authorization to search pursuant to that rule was inapplicable. State v. Kelley, 362 Ark. 636, 210 S.W.3d 93 (2005).

Failure to Present Proof of Insurance.

This section does not provide authority to impound the vehicle of an operator who cannot present proof of insurance; the section only calls for an officer to impound the vehicle's license plate. Howe v. State, 72 Ark. App. 466, 39 S.W.3d 467 (2001).

Circuit court properly denied defendant's motion to dismiss the charge of inadequate insurance during an accident, where the document he provided at the scene of the accident did not reflect coverage on the day of the collision, and the testimony established that defendant's policy had not been renewed by the date of the collision. Gill v. State, 2015 Ark. 421, 474 S.W.3d 77 (2015).

Named Driver Exclusion.

There was no violation of public policy where the appellant obtained a motor vehicle liability insurance policy which named his sister as a listed driver and which also excluded himself from coverage. Jordan v. Atlantic Cas. Ins. Co., 71 Ark. App. 372, 32 S.W.3d 755 (2000).

Liabilities of Insurance Carriers.

Insurance carrier and insureds did not agree that the insurance carrier could rid itself of the liabilities assumed by it, and contracted for by the insureds, by the carrier filing a lawsuit in federal court and dumping the policy limits into the registry of that court, thus abandoning the insureds. If the insurance carrier had intended that it have that option, it could have said so in plain and unmistakable terms so the insureds, and others like them, could determine whether they wanted to do business with that insurance carrier, or some other carrier, that would provide them with more meaningful protection. Emcasco Ins. Co. v. Davis, 753 F. Supp. 1458 (W.D. Ark. 1990).

An automobile insurance carrier may not shed itself of the duties which it contracted to provide its insured by paying the policy limits into the registry of the court. In so doing, it has not “exhausted” its limits by the payment of claims for which the insureds are “legally responsible because of an auto accident” as required by the terms of the very policy issued and written by the carrier. Included in those things that the insureds hired the carrier to do for them is the defense of expensive lawsuits necessary to determine whether they are “legally responsible” for particular claims made against them. Emcasco Ins. Co. v. Davis, 753 F. Supp. 1458 (W.D. Ark. 1990).

Probable Cause of Traffic Violation.

Lack of insurance information in the Vehicle Insurance Database was sufficient to provide the officer with probable cause to believe that a traffic violation had occurred, and it was irrelevant that defendant may have subsequently produced documents showing that he had insurance. The search of defendant's vehicle did not exceed the scope of the valid traffic stop, because the officer learned that defendant had a suspended driver's license and an active warrant for his arrest when the officer checked defendant's information as part of the traffic stop. Small v. State, 2018 Ark. App. 80, 543 S.W.3d 516 (2018).

Circuit court did not err in denying defendant's motion to suppress, as (1) the initial traffic stop, which occurred after the officer ran defendant's tags through the Vehicle Insurance Database, was not invalid because the lack of insurance information in the database was sufficient to provide the officer with probable cause to believe that a traffic violation had occurred; and (2) the purpose of the stop had not concluded by the time the officer deployed the drug dog since defendant had not produced his insurance paperwork and the encounter lasted less than eight minutes. Cagle v. State, 2019 Ark. App. 69, 571 S.W.3d 47 (2019).

Public Policy.

When a case involves only the insured and the insurer, and the loss involves the insured's property, there is no public policy reason to hold that the insurance company's common law right to rescission has been abrogated. Ferrell v. Columbia Mut. Ins. Cas. Co., 306 Ark. 533, 816 S.W.2d 593 (1991).

Owner of a motorcycle was not civilly liable to a car driver for injuries sustained by the car driver when the owner of the motorcycle allowed a third party operator to drive the motorcycle, which was not insured. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Cited: Stevens v. State, 319 Ark. 640, 893 S.W.2d 773 (1995); Southern Farm Bureau Cas. Ins. Co. v. Easter, 374 Ark. 238, 287 S.W.3d 537 (2008).

27-22-105. Inadequate insurance in an accident — Penalty.

  1. When the operator of any motor vehicle is involved in a motor vehicle accident in this state and the vehicle or the operator while driving the vehicle is found not to be adequately insured, as required by § 27-22-104(a)(1), the operator shall be deemed guilty of a Class A misdemeanor.
  2. In addition, if a person is convicted of driving an inadequately insured vehicle that has been involved in an accident under subsection (a) of this section, the court may order that the vehicle be impounded until proof of vehicle insurance coverage is made to the court. The owner of the vehicle impounded shall be responsible for all costs of impoundment.

History. Acts 1993, No. 411, § 1; 1997, No. 991, § 3; 2007, No. 485, §§ 6, 9.

Case Notes

In General.

Trial court did not err when it dismissed a negligence suit brought by injured motorist against the owner of an uninsured motorcycle that was being driven by someone else at the time of the accident because the motorist had failed to state a claim under the Motor Vehicle Safety Responsibility Act, § 27-19-101, et seq., or the Motor Vehicle Liability Insurance Act, § 27-22-101, et seq.Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Construction.

Legislature clearly intended to distinguish operators from owners of motor vehicles by imposing criminal liability solely on the operator of an uninsured motor vehicle that is involved in an accident, while the owner's responsibility is limited to paying the costs of impoundment; in distinguishing the operator from the owner, the legislature has recognized that an owner is not always the operator of the motor vehicle. Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

Evidence Sufficient to Sustain Conviction.

Circuit court properly denied defendant's motion to dismiss the charge of inadequate insurance during an accident, where the document he provided at the scene of the accident did not reflect coverage on the day of the collision, and the testimony established that defendant's policy had not been renewed by the date of the collision. Gill v. State, 2015 Ark. 421, 474 S.W.3d 77 (2015).

Cited: Branscumb v. Freeman, 360 Ark. 171, 200 S.W.3d 411 (2004).

27-22-106. Cancellation of policy or contract — Administrative revocation or suspension of license.

No policy or contract of insurance covering a motor vehicle may be cancelled solely because of the administrative revocation or suspension of the driver's license of the owner or operator of the motor vehicle under § 5-65-104.

History. Acts 1997, No. 932, § 1; 1999, No. 881, § 24.

27-22-107. Motor vehicle insurance reporting.

    1. Each insurance company providing motor vehicle liability insurance coverage required under § 27-22-104(a), shall provide before the seventh day of each calendar month to the Revenue Division of the Department of Finance and Administration a record of each motor vehicle insurance policy in effect as of the previous month that was issued by the insurance company. The reports shall be provided to the division through any means of electronic or electromagnetic medium available to and approved by the Department of Finance and Administration, unless the insurance company qualifies for an exception to this electronics reporting requirement as a result of being a small or low-volume insurer as may otherwise be provided for under rules promulgated by the department.
        1. The Secretary of the Department of Finance and Administration may choose a vendor to provide an online insurance verification system which will comply with the industry standards as recommended by the Insurance Industry Committee on Motor Vehicle Administration when there are two (2) or more vendors that demonstrate to the department the ability to meet the Insurance Industry Committee on Motor Vehicle Administration standard.
        2. The department shall notify each insurance company in writing of the chosen vendor. If the insurance company elects to participate in the online insurance verification system that complies with the industry standards, the company may then work with the vendor and the department on an agreeable schedule to convert to the new system.
        3. If an insurance company elects to participate in the online insurance verification system, then the insurance company will be exempt from providing the report before the seventh day of each calendar month as the department and law enforcement will be able to obtain data online in real time.
      1. If the secretary certifies that seventy percent (70%) or more of the motor vehicle insurance policies in effect on a specific date are being accessed according to the industry standards in the online insurance verification system, each insurance company shall provide access to the data through the online insurance verification system.
      2. At the discretion of the department, rules may be established to offer insurers who write fewer policies an alternative method for reporting insurance policy data.
      3. The department shall select a vendor under the Arkansas Procurement Law, § 19-11-201 et seq.
    1. The reports shall include:
      1. The name and the address of the named insured;
      2. The make, year, and vehicle identification number of each insured vehicle; and
      3. The policy number, effective date, and expiration date of each policy and the National Association of Insurance Commissioners company code number.
    2. The reports may include:
      1. The date of birth of each insured owner or operator; and
      2. The driver's license number of each insured owner or operator.
  1. The department may, following procedures set forth in rules promulgated by the department, assess a penalty against each insurance company of up to two hundred fifty dollars ($250) for each day the insurance company fails to comply with this section. If an insurance company shows that the failure to comply with this section was inadvertent, accidental, outside of the control of the company, or the result of excusable neglect, the secretary may excuse the penalty. The moneys collected from these penalties shall be deposited as a special revenue into the State Central Services Fund, and the net amount shall be credited as a direct revenue to be used by the department to offset the costs of administering this section.
  2. The department shall promulgate necessary rules for the administration of this section.

History. Acts 1997, No. 991, § 4; 2007, No. 485, §§ 8, 9; 2009, No. 476, § 2; 2019, No. 315, §§ 3125-3127; 2019, No. 869, § 7; 2019, No. 910, §§ 4700-4702.

Amendments. The 2009 amendment, in (a), inserted (a)(2), redesignated the remaining text accordingly, deleted “Beginning January 1, 1998,” at the beginning of (a)(1), and made related and minor stylistic changes.

The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a)(1) and (c); and deleted “and regulations” following “rules” in (a)(2)(C) and (d).

The 2019 amendment by No. 869 substituted “and the National Association of Insurance Commissioners company code number” for “National Association of Insurance Carriers code number, and the name of each driver excluded from coverage” in (b)(1)(C).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2)(A) and the second sentence of (c); substituted “secretary” for “director” in (a)(2)(B); and made a stylistic change.

27-22-108. [Repealed.]

Publisher's Notes. This section, concerning motor vehicle insurance comparison and registration, revocation, and reinstatement procedures, was repealed by Acts 2003, No. 998, § 2. The section was derived from Acts 2001, No. 1433, § 1.

27-22-109. Impounding motor vehicle for violation.

    1. If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if the officer issues a citation for a traffic violation that is classified as an offense under § 27-50-302 and the operator has:
      1. Received three (3) or more warnings for a violation of § 27-22-104;
      2. Pleaded guilty or nolo contendere to or been found guilty of three (3) or more violations of § 27-22-104; or
      3. Received a total of three (3) or more warnings for a violation of § 27-22-104 or convictions for a violation of § 27-22-104.
    2. If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur:
      1. The driver is operating a motor vehicle on a cancelled, suspended, or revoked driver's license in violation of § 27-16-303;
      2. The driver is operating the motor vehicle without a driver's license in violation of § 27-16-602; or
      3. The driver is operating a motor vehicle:
        1. Without a license plate in violation of § 27-14-304;
        2. With an unofficial license plate in violation of § 27-14-305;
        3. With improper use of evidence of registration in violation of § 27-14-306; or
        4. With false evidences of title or registration in violation of § 27-14-307.
  1. If a motor vehicle is impounded under this section:
    1. The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable;
    2. The provisions of § 27-50-1201 et seq. regarding the towing and storage of motor vehicles shall apply;
    3. An inventory of the contents of the motor vehicle shall be taken; and
    4. The owner, operator, or other person in charge of the vehicle:
      1. Has the right to contest the impoundment; and
      2. Shall be given notice at the time of impoundment of the right to contest the impoundment consistent with § 27-50-1207.
    1. If a motor vehicle is properly and lawfully impounded under this section, the following are responsible for all reasonable towing, recovery, storage, and other incidental costs:
      1. The operator of the vehicle;
      2. The owner of the vehicle; or
      3. Both the owner and the operator of the vehicle.
    2. This subsection applies even if the owner has insurance but fails to present proof of insurance.

History. Acts 2011, No. 1046, § 3.

27-22-110. Hold on release from storage facility authorized.

  1. For purposes of this section:
    1. “Operational motor vehicle” means a motor vehicle that is driven under its own power out of a storage facility; and
    2. “Proof of compliance” means:
      1. An order of a court of competent jurisdiction issued under § 27-22-103(b);
      2. A certificate of self-insurance under § 27-19-107; or
      3. An insurance policy that meets the requirements of § 27-22-104.
    1. A law enforcement agency that impounds a motor vehicle under § 27-22-109 may place a hold on the release of an operational motor vehicle from a storage facility consistent with § 27-50-1206(a)(3) until the owner or operator of the motor vehicle provides proof of compliance to the law enforcement agency.
    2. If the owner or operator provides proof of compliance to the law enforcement agency, the law enforcement agency shall release the hold on the vehicle and notify the storage facility in writing of the release.
  2. The following vehicles are exempt from a hold on release under this section:
    1. A salvage vehicle as defined under § 27-14-2301 that is acquired by an insurance company;
    2. A motor vehicle that is incapable of being driven out of the storage facility under its own power and is removed by a towing firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board;
    3. A motor vehicle acquired by a lienholder if the lienholder provides to the law enforcement agency:
      1. A sworn statement in the form of either a repossession title or an affidavit that the lienholder is entitled to take immediate possession of the vehicle; and
      2. If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104; or
    4. A motor vehicle acquired subsequent to impounding by a transferee if the transferee provides to the law enforcement agency:
      1. A sworn statement in the form of an affidavit that the transferee has obtained all right, title, and interest in the vehicle;
      2. A copy of the document transferring ownership of the vehicle; and
      3. If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104.

History. Acts 2011, No. 1046, § 3.

27-22-111. Fine for failure to present proof of insurance at time of traffic stop.

  1. After a traffic stop has been completed, if an operator of a motor vehicle proves that the liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of the traffic stop, the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished by a fine of twenty-five dollars ($25.00).
  2. Court costs under § 16-10-305 shall be assessed, but other costs or fees shall not be assessed under this section.
  3. The fines collected under this section shall be distributed as follows:
    1. Eighty percent (80%) shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund by the tenth day of each month; and
    2. Twenty percent (20%) shall be retained by the court that tries the offense.
  4. If an operator of a motor vehicle is unable to prove that the liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of the traffic stop, the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished as provided under § 27-22-103.

History. Acts 2011, No. 1046, § 3; 2013, No. 282, § 15; 2019, No. 869, § 8.

Amendments. The 2013 amendment substituted “shall be assessed, but” for “or” in (b).

The 2019 amendment inserted “by the tenth day of each month” in (c)(1).

Subchapter 2 — Arkansas Online Insurance Verification System Act

A.C.R.C. Notes. Acts 2019, No. 869, § 22, provided: “The Department of Finance and Administration shall implement the terms of the online insurance verification system established under the Arkansas Online Insurance Verification System Act, § 27-22-201 et seq., by January 1, 2020”.

Acts 2019, No. 869, § 23, provided: “Until the online insurance verification system goes into effect on January 1, 2020, an insurer required to submit motor vehicle insurance information under the Arkansas Online Insurance Verification System Act, § 27-22-201 et seq., shall continue to submit the required information as presently required by the Department of Finance and Administration”.

Effective Dates. Acts 2017, No. 1016, § 3: Jan. 1, 2019.

27-22-201. Title.

This subchapter shall be known and may be cited as the “Arkansas Online Insurance Verification System Act”.

History. Acts 2017, No. 1016, § 2.

27-22-202. Definitions.

As used in this subchapter:

  1. “Certificate of Insurance” means a document issued by an insurer or its authorized representative showing that a specific vehicle is insured as required under § 27-22-104;
  2. “Commercial automobile liability insurance policy” means an insurance policy:
    1. That is written on either a commercial coverage or other commercially rated personal policy form, including without limitation a commercial auto, garage, or truckers form, and that is not dependent on the type, number, or ownership of vehicle or entity covered or insured; and
    2. That insures vehicles not identified individually by a vehicle identification number on the policy;
  3. “Dealer” means a person dealing in buying, selling, exchanging, advertising, or negotiating the sale of motor vehicles and licensed under §§ 27-14-104 and 27-14-601; and
  4. “Insurer” means a motor vehicle insurance company licensed or authorized to do business in this state.

History. Acts 2017, No. 1016, § 2; 2019, No. 869, § 9.

Amendments. The 2019 amendment deleted “is” preceding “is not” in (2)(A).

27-22-203. Online insurance verification system.

  1. The Department of Finance and Administration shall establish an advisory group consisting of representatives of the State Insurance Department, insurance companies, the Division of Arkansas State Police, and other agencies or entities to:
    1. Facilitate the implementation of the online insurance verification system;
    2. Develop a guide for insurers providing data and other information necessary for compliance along with other necessary rules;
    3. Coordinate and conduct a testing phase;
    4. Identify necessary changes during the testing phase; and
    5. Issue recommendations based on periodic reviews of the online insurance verification system.
  2. The Department of Finance and Administration shall:
    1. Cooperate with insurers in implementing the online insurance verification system;
    2. Establish the online insurance verification system framework necessary to assist insurers using multiple keys for greater matching accuracy, including without limitation:
      1. National Association of Insurance Commissioners company code numbers;
      2. Vehicle identification numbers;
      3. Policy numbers; and
      4. Other key or keys specified by the advisory group; and
    3. Be responsible for keeping the advisory group informed on implementation status.
  3. Each insurer shall cooperate with the Department of Finance and Administration in establishing the online insurance verification system.

History. Acts 2017, No. 1016, § 2; 2019, No. 315, § 312; 2019, No. 869, § 10.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a)(2).

The 2019 amendment by No. 869 substituted “company code” for “insurer” in (b)(2)(A); and substituted “Vehicle” for “Motor vehicle” in (b)(2)(B).

27-22-204. Functions of online insurance verification system.

The online insurance verification system shall:

  1. Be accessible to:
    1. Authorized personnel of the Department of Finance and Administration by direct inquiry;
    2. The courts, insurers, law enforcement, and offices of the licensing officials charged with motor vehicle registration and titling responsibilities through authorized personnel of the department; and
    3. Insurance companies on a limited basis as required to operate the online insurance verification system;
    1. Have the ability to verify, on a twenty-four-hours-per-day, seven-days-per-week basis, minus permitted down time for system maintenance as prescribed by the advisory group established under § 27-22-203, the insurance status of a motor vehicle via the internet, or similar electronic system consistent with the insurance industry and Insurance Industry Committee on Motor Vehicle Administration recommendations and the specifications and standards of the Insurance Industry Committee on Motor Vehicle Administration model updated January 3, 2017, or later models as recommended by the advisory group and adopted by the department.
    2. The online insurance verification system shall include any additional features required by Arkansas law which may not be included in the Insurance Industry Committee on Motor Vehicle Administration model;
  2. Be able to access insurers by using multiple keys for greater matching accuracy, including without limitation:
    1. The National Association of Insurance Commissioners company code number assigned by the National Association of Insurance Commissioners;
    2. The vehicle identification number;
    3. The policy number; and
    4. Other key or keys specified by the advisory group;
  3. Provide data security for the type of information transferred as prescribed by the advisory group; and
  4. Utilize open and agreed-upon data and data transmission standards and standard schema as specified by the advisory group.

History. Acts 2017, No. 1016, § 2; 2019, No. 869, §§ 11, 12.

Amendments. The 2019 amendment substituted “company code” for “insurer” in (3)(A); substituted “vehicle identification” for “motor vehicle identification” in (3)(B); and substituted “agreed-upon” for “agreed to” in (5).

27-22-205. Responsibilities of insurer.

  1. An insurer shall:
    1. Operate the online insurance verification system in cooperation with the Department of Finance and Administration;
    2. Maintain the data necessary to verify insurance status through the online insurance verification system for a period to be specified by the advisory group established under § 27-22-203, allowing for the printing of renewal notices, online multiyear renewals, and renewals at all state revenue offices;
    3. Maintain the web service as required under the online insurance verification system and as specified by the advisory group;
    4. Provide data security for the type of information transferred, as required by the advisory group, that does not violate state or federal privacy laws;
    5. Be immune from civil and administrative liability for good faith efforts to comply with the terms of this subchapter;
    6. Provide an insured motor vehicle under an automobile insurance liability policy with an insurance card clearly indicating that the motor vehicle is insured under an automobile liability insurance policy in accordance with § 27-22-104; and
    7. Allow access through the online insurance verification system to verify insurance status.
  2. This section shall not prohibit an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this subchapter.

History. Acts 2017, No. 1016, § 2; 2019, No. 869, §§ 13-15.

Amendments. The 2019 amendment made stylistic changes throughout (a).

27-22-206. Responsibilities of department.

  1. The Department of Finance and Administration shall:
    1. Cooperate with insurers and the advisory group established under § 27-22-203 in operating the online insurance verification system;
    2. Maintain the list of authorized requesting entities and individuals and make the list a part of the online insurance verification system;
    3. Maintain the online insurance verification system framework necessary for insurers using the key or keys under § 27-22-204;
      1. Provide data security for the type of information transferred as prescribed by the advisory group.
      2. Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws;
    4. Be responsible for keeping the advisory group informed on functionality and planned or unplanned service interruptions;
    5. Provide alternative methods of reporting for small insurers insuring no more than fifty (50) motor vehicles in the state as prescribed by the department;
    6. Work with the advisory group on issues as they emerge for an equitable resolution for all parties;
    7. Maintain records of online insurance verification system data for a period of time specified by the department;
    8. Provide a means to separately track or distinguish motor vehicles where the owner qualifies as self-insured and financial responsibility is provided by a certificate of insurance under § 27-19-107 or other method authorized by law;
    9. Administer and enforce this subchapter and propose reasonable rules concerning any matter administered in this subchapter;
    10. Provide suitable notices and forms necessary to carry out the provisions of this subchapter; and
    11. Suspend motor vehicle registrations under this subchapter.
  2. This section does not prohibit the department from using the services of a third-party vendor for facilitating the operation of the online insurance verification system required by this subchapter.

History. Acts 2017, No. 1016, § 2; 2019, No. 315, § 3129; 2019, No. 869, § 16.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(10).

The 2019 amendment by No. 869, in (b), inserted “the” preceding “online insurance”, and made a stylistic change.

27-22-207. Exemptions.

This subchapter shall not apply to any of the following motor vehicles or operators:

  1. Trailers as defined in § 27-14-1202, including without limitation semitrailers, travel trailers, boat trailers, pole trailers, and utility trailers;
  2. Implements of husbandry as defined in § 27-14-104;
  3. Any vehicle moved solely by animal power;
  4. Inoperable or stored motor vehicles that are not operated, as defined by the rules of the Department of Finance and Administration and not subject to the provisions of this subchapter;
  5. Motor vehicles owned by a licensed motor vehicle dealer, wholesaler, rebuilder, or reconditioner and held in inventory that are covered by a blanket liability insurance policy or commercial automobile liability insurance policy;
  6. Motor vehicles properly registered in another jurisdiction and not legally required to be registered under this subchapter;
  7. Motor vehicles owned by a bank, a subsidiary or affiliate of a bank, or finance company, acquired as an incident to their regular business, that are covered by a blanket liability insurance policy or commercial automobile liability insurance policy; or
  8. Motor vehicles as prescribed by the Insurance Commissioner that are covered by a blanket liability insurance policy or commercial automobile liability insurance policy.

History. Acts 2017, No. 1016, § 2; 2019, No. 315, § 3130.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (4).

27-22-208. Reporting violations.

  1. If an insurance company fails to consistently allow access through an online insurance verification system to verify coverage of motor vehicle liability insurance coverage, the Department of Finance and Administration shall notify the State Insurance Department of repeated violations that the Department of Finance and Administration is not able to resolve with the insurer.
  2. The Department of Finance and Administration shall provide the form and manner of transmission for the purposes of notifying the State Insurance Department and insurer under subsection (a) of this section.
  3. The State Insurance Department may impose a penalty or fine under § 23-60-108.

History. Acts 2017, No. 1016, § 2.

27-22-209. Suspension of registration.

    1. The Department of Finance and Administration shall suspend the motor vehicle registration of any motor vehicle determined to be in violation of § 27-22-104 or this subchapter.
    2. Suspension will occur regardless of whether:
      1. The owner of the motor vehicle acquires the required liability insurance policy after the date of verification; or
      2. The owner of the motor vehicle terminates ownership of the motor vehicle.
  1. The department or a designated third party will provide notification of the suspension to the owner of the motor vehicle.
  2. In the case of a violation, the department shall terminate the suspension upon payment by the owner of the motor vehicle of a reinstatement fee of one hundred dollars ($100) and submission of proof of current insurance as verified through the online insurance verification system.
  3. The reinstatement fee collected by the department shall be distributed under § 27-16-808.
  4. All officials authorized by law to register motor vehicles, issue motor vehicle license plates, and to perform other duties in connection with the issuance of motor vehicle license plates shall refuse to register or re-register a motor vehicle or refuse to transfer the license plates if the registration is suspended.
  5. Information regarding the motor vehicle registration suspension or reinstatement status of a person is confidential and shall be released only to the person who is the subject of a suspension or possible suspension, or to law enforcement agencies, courts, and other governmental entities, including officials responsible for the issuance of license plates, as necessary in the administration of the provisions of this chapter.

History. Acts 2017, No. 1016, § 2; 2019, No. 869, § 17.

Amendments. The 2019 amendment made stylistic changes in (b).

27-22-210. Penalties — Definitions.

  1. A person is guilty of a Class C misdemeanor upon conviction if he or she:
    1. Operates a motor vehicle without a liability insurance policy or proof of self-insurance in accordance with this chapter;
    2. Operates a motor vehicle with notice of cancellation, recession, abrogation, or termination of insurance or registers or attempts to register a motor vehicle;
    3. Operates a motor vehicle and, upon demand of a law enforcement officer, fails or refuses to present satisfactory evidence of insurance unless a law enforcement officer verifies motor vehicle liability insurance coverage through the online insurance verification system;
    4. Operates a motor vehicle the registration of which is suspended or revoked under this chapter; or
    5. Operates a motor vehicle and presents evidence of insurance when there is no valid insurance in effect on the motor vehicle as required by this chapter.
    1. A motor vehicle may be impounded at the discretion of a law enforcement officer if the operator fails to provide evidence of registration and insurance as required by § 27-22-104.
    2. Proof of registration and insurance may be verified through the online insurance verification system and other electronic means as necessary.
    1. For the purposes of this section, “operates a motor vehicle” or “operation of a motor vehicle” means that a motor vehicle has traveled any distance upon a public road or highway, even if a law enforcement officer has only observed the results of the distance traveled, including without limitation the motor vehicle's being stopped on or off the public road or highway after an accident.
    2. A law enforcement officer is not required to have witnessed the operation of a motor vehicle by a person in order to issue a citation to that person under this section.
  2. A person is guilty of a Class D felony if he or she knowingly:
    1. Alters, forges, or counterfeits an insurance card in either paper form or electronic form to make it appear valid; or
    2. Makes, sells, or otherwise makes available an invalid or counterfeit insurance card in either paper form or electronic form, or other evidence of insurance.
  3. As used in this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required by § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.

History. Acts 2017, No. 1016, § 2; 2019, No. 869, §§ 18, 19.

Amendments. The 2019 amendment rewrote (c); inserted “in either paper form or electronic form” in (d)(1) and (d)(2); and added (e).

27-22-211. Registration and licensing — Definition.

  1. The Department of Finance and Administration shall not register or reregister a motor vehicle or transfer the license plates if the registration is suspended under § 27-22-209.
  2. Notwithstanding the provisions of subsection (c) of this section, the department, upon the request of the registrant, shall reinstate a suspended registration at such time the registrant meets the provisions of reinstatement provided for by this chapter.
    1. A vehicle registration or renewal shall not be issued for a motor vehicle unless the department receives proof of insurance in either paper form or electronic form or verification of motor vehicle liability insurance through the online insurance verification system that provides the minimum motor vehicle insurance coverage required by § 27-22-104.
    2. As used in subdivision (c)(1) of this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required by § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
    3. The proof authorized under subdivision (c)(1) of this section shall be valid only if presented to the department within thirty (30) days from the date of issuance shown on the paper form or electronic form.

History. Acts 2017, No. 1016, § 2; 2019, No. 869, §§ 20, 21.

Amendments. The 2019 amendment added (c)(2) and (c)(3) and redesignated former (c) as (c)(1); inserted “in either paper form or electronic form” in (c)(1); and made stylistic changes.

27-22-212. Reporting of violation.

A court shall forward a report of the conviction of a person under § 27-22-104 to the Department of Finance and Administration within ten (10) calendar days in a form prescribed by the department.

History. Acts 2017, No. 1016, § 2.

Chapter 23 Commercial Driver License

Effective Dates. Acts 1989, No. 241, § 26: Jan. 1, 1990.

Acts 1991, No. 1042, § 3: July 1, 1992.

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1257, § 11: Apr. 20, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly that federal mandates require the loss of federal highway funds without implementation of a system of suspending the driving privileges of persons holding such privileges granted by this State and found guilty of certain drug offenses, whether such finding occurred in this state or out-of-state, and that additional enforcement provisions are urgently needed to deter persons illegally using or dealing in drugs; that this Act will provide that additional enforcement mechanism; and that this Act should go into effect immediately in order to meet the requirements of the federal law and to grant law enforcement officers and courts greater flexibility in dealing with the illegal use and sale of drugs. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 892, § 8: Mar. 27, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly of the State of Arkansas that the Arkansas Uniform Commercial Driver License Act is out of compliance with federal laws concerning the commercial driver licenses thereby threatening a certain amount of federal highway funds; that federal highway funding is critical to most of the highway construction projects and threatens the fiscal health and safety of Arkansas' highway programs; and that these clarifications in Arkansas' law should take effect immediately to prevent any possible loss of the critical federal highway funds. Therefore, in order to remove the conflicts in those laws, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved or vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 842, § 8: Jan. 1, 2005.

Acts 2003 (2nd Ex Sess.), No. 5, § 3: Dec. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current residency requirement for administering a commercial driver's license was adopted to conform to federal regulatory requirements; that the FMCSA does not regard this requirement as a safety issue that would jeopardize federal funding; that the FMCSA has indicated that future rulemaking may be promulgated to further clarify the education and testing of students who attend training schools in states other than where they live; that adoption is necessary to avoid placing an undue financial hardship on several Arkansas institutions of higher learning that currently provide educational training to students who enroll in Arkansas schools but reside in other states, as well as an economic hardship on Arkansas trucking companies that hire students subject to their completion of training at Arkansas schools. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 136, § 2: Feb. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the transportation of hazardous materials presents a terrorism, security, and safety risk to the citizens of the State of Arkansas; that to protect the safety and security of the citizens of the State of Arkansas, drivers who transport hazardous materials should be checked for prior criminal violations; that the Transportation Security Administration has the capability and resources to have such checks performed and to evaluate whether or not a driver presents a risk to the safety and security of the citizens of the State of Arkansas; and that this act is immediately necessary because performing such security checks are required under the USA Patriot Act and required for the State of Arkansas to remain eligible for significant federal funds. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 942, § 3: Mar. 18, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that third party administration of certain driving tests is necessary to ensure a adequate opportunity for qualified applicants to take the test; that there are qualified and trained students currently waiting to take the test; and that this act is immediately necessary to correct deficiencies in the current testing procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

U. Ark. Little Rock L.J.

Survey, Agricultural Law, 12 U. Ark. Little Rock L.J. 597.

Subchapter 1 — Arkansas Uniform Commercial Driver License Act

A.C.R.C. Notes. This act has been substantially modified, amended, and repealed by the Arkansas General Assembly so that it is questionable whether it is still uniform legislation.

Effective Dates. Acts 2003, No. 842, § 8: Jan. 1, 2005.

Acts 2013, No. 758, § 22: Effective date clause provided:

“(a) The following are effective on and after September 1, 2013:

“(1) Section 27-23-103(37)(J) as added by Section 8 of the bill;

“(2) Section 27-23-103(45) and (50) as added by Section 11 of the bill; and

“(3) Section 21 of the bill.

“(b) The following are effective on and after July 8, 2014:

“(1) Sections 1-7 of the bill;

“(2) Section 27-23-103(37)(A)-(I) as amended by Section 8 of the bill;

“(3) Sections 9 and 10 of the bill;

“(4) Section 27-23-103(42)-(49) as added by Section 11 of the bill; and

“(5) Sections 12-20 of the bill.”

Acts 2015, No. 578, § 8: May 18, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the receipt of federal highway funds by this state in the future is dependent upon the adoption of provisions of the Federal Motor Carrier Safety Regulations as provided in this act. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety is effective on and after May 18, 2015.”

Acts 2015, No. 702, § 7: Jan. 1, 2016.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-23-101. Short title.

This subchapter may be cited as the “Arkansas Uniform Commercial Driver License Act”.

History. Acts 1989, No. 241, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Changes to Uniform Commercial Driver License Act, 26 U. Ark. Little Rock L. Rev. 504.

27-23-102. Statement of intent and purpose.

  1. The purpose of this subchapter is to implement the Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
    1. Permitting commercial drivers to hold only one (1) license;
    2. Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and
    3. Strengthening licensing and testing standards for commercial drivers.
  2. This subchapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this subchapter conflicts with general driver licensing provisions, this subchapter prevails. Where this subchapter is silent, the general driver licensing provisions apply.

History. Acts 1989, No. 241, § 2.

A.C.R.C. Notes. The Commercial Motor Vehicle Safety Act of 1986, which was codified at 49 U.S.C. §§ 2701 et seq., has been repealed. For similar provisions, see 49 U.S.C. §§ 31100 et seq.

U.S. Code. The Commercial Motor Vehicle Safety Act of 1986, referred to in this section, is codified as 49 U.S.C. § 521.

27-23-103. Definitions.

As used in this subchapter:

  1. “Alcohol” or “alcoholic beverage” means:
    1. Ethyl alcohol, or ethanol;
    2. Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore;
    3. Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or
    4. Distilled spirits, alcoholic spirits, and spirits, which are defined as those substances known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced;
  2. “Blood alcohol concentration” means:
    1. The number of grams of alcohol per one hundred milliliters (100 ml) of blood;
    2. The number of grams of alcohol per two hundred ten liters (210 l) of breath; or
    3. Blood and breath quantitative measures in accordance with the current Arkansas Regulations for Alcohol Testing promulgated by the Department of Health;
  3. “Commerce” means:
    1. Trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; and
    2. Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subdivision (3)(A) of this section;
  4. “Commercial driver license” means a license issued in accordance with the requirements of this subchapter to an individual which authorizes the individual to drive a class of commercial motor vehicle;
  5. “Commercial Driver License Information System” means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;
  6. “Commercial driver license record” means the electronic record of an individual commercial driver license holder's driver status and history stored by the Office of Driver Services as part of the Commercial Driver License Information System established under 49 U.S.C. § 31309, as in effect on January 1, 2011;
    1. “Commercial learner's permit” means a permit issued in accordance with the requirements of 49 C.F.R. part 383, as in effect on January 1, 2013, to an individual, that, when carried with a valid driver license authorizes the person to operate a class of a commercial motor vehicle when accompanied by a holder of a valid commercial driver license for purposes of behind-the-wheel training.
    2. When issued to a commercial driver license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver license is not valid;
  7. “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
    1. Combination Vehicle (Group A) — having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater;
    2. Heavy Straight Vehicle (Group B) — having a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or
    3. Small Vehicle (Group C) that does not meet Group A or B requirements under subdivision (8)(A) and (B) of this section but that either:
      1. Is designed to transport sixteen (16) or more passengers, including the driver; or
      2. Is of any size and is used in the transportation of hazardous materials;
  8. “Controlled substance” means a drug, substance, or immediate precursor in Schedules I-VI of the Uniform Controlled Substances Act, § 5-64-101 et seq.;
  9. “Conviction” or “convicted” means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine, court cost, or court order, or violation of a condition of release without bail, regardless of whether or not the penalty was rebated, suspended, or prorated;
  10. “Disqualification” means any of the following three (3) actions:
    1. The suspension, revocation, or cancellation of a commercial driver license or commercial learner's permit by the office or jurisdiction of issuance;
    2. A withdrawal of a person's privileges to drive a commercial motor vehicle by the office or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control except for parking, vehicle weight, or vehicle defect violations; or
    3. A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle;
  11. “Downgrade” means the removal of commercial driving privileges from a commercial driver license or commercial learner's permit by the office;
  12. “Drive” means to drive, operate, or be in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic;
  13. “Driver” means any person who drives, operates, or is in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic;
  14. “Driver applicant” or “applicant” means any person who has applied to obtain, transfer, upgrade, or renew a commercial driver license or to obtain or renew a commercial learner's permit;
  15. “Driver license” means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle;
  16. “Driving a commercial motor vehicle while under the influence of alcohol” means committing any one (1) or more of the following acts in a commercial motor vehicle:
    1. Driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more;
    2. Driving or boating while intoxicated in violation of § 5-65-103; or
    3. Refusal to undergo such testing as is required by § 5-65-202;
  17. “Electronic device” means a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text;
  18. “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
  19. “Endorsement” means an authorization to a person's commercial learner's permit or commercial driver license required to permit the person to operate certain types of commercial motor vehicles;
  20. “Excepted interstate” means a driver or applicant who operates or expects to operate a commercial motor vehicle in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3, as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, as in effect on January 1, 2011, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45, as in effect on January 1, 2011;
  21. “Excepted intrastate” means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3, as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45, as in effect on January 1, 2011;
  22. “Fatality” means the death of a person as a result of a motor vehicle accident;
  23. “Felony” means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;
  24. “Foreign jurisdiction” means any jurisdiction other than a state of the United States;
    1. “Gross combination weight rating” means the greater of:
      1. The value specified by the manufacturer of the power unit, if such value is displayed on the federal motor vehicle safety standards certification label required by the National Highway Traffic Safety Administration; or
      2. The sum of the gross vehicle weight rating or the gross vehicle weight of the power unit and towed unit or units, or any combination thereof, that produces the highest value.
    2. The gross combination weight rating of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle;
  25. “Gross vehicle weight rating” means the value specified by the manufacturer as the loaded weight of a single vehicle;
  26. “Hazardous materials” means:
    1. Any material that:
      1. Has been designated as hazardous under 49 U.S.C. § 5103, as in effect on January 1, 2009; and
      2. Is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2009; or
    2. Any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as in effect on January 1, 2009;
  27. “Imminent hazard” means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment;
    1. “Manual transmission” means a transmission using a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.
    2. “Manual transmission” does not include semiautomatic transmissions or automatic transmissions that are considered automatic for the purposes of the standardized restriction code;
    1. “Medical examiner” means a person who is licensed, certified, or registered under applicable state laws and regulations to perform physical examinations.
    2. “Medical examiner” includes without limitation a doctor of medicine, a doctor of osteopathy, a physician's assistant, an advanced practice nurse, and a doctor of chiropractic;
  28. “Medical variance” means the receipt by a driver of one (1) of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:
    1. An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C, as in effect on January 1, 2011, or 49 C.F.R. § 391.64, as in effect on January 1, 2011; and
    2. A skill performance evaluation certificate permitting operation of a commercial motor vehicle under 49 C.F.R. § 391.49, as in effect on January 1, 2011;
    1. “Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3, as in effect on January 1, 2013.
    2. “Mobile telephone” does not include two-way or citizens band radio services;
  29. “Motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that the term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail;
  30. “Noncommercial driver license” or “non-CDL” means any other type of motor vehicle license, such as an automobile driver license, a chauffeur's license, or a motorcycle license;
  31. “Nondomiciled commercial learner's permit” or “nondomiciled commercial driver license” means a commercial learner's permit or commercial driver license, respectively, issued by a state or other jurisdiction under either of the following two (2) conditions:
    1. To a person domiciled in a foreign country meeting the requirements of 49 C.F.R. § 383.23(b)(1), as in effect on January 1, 2013; or
    2. To a person domiciled in another state meeting the requirements of 49 C.F.R. § 383.23(b)(2), as in effect on January 1, 2013;
  32. “Nonexcepted interstate” means a driver or applicant who:
    1. Operates or expects to operate a commercial motor vehicle in interstate commerce;
    2. Is subject to and meets the qualification requirements under 49 C.F.R. part 391, as in effect on January 1, 2011; and
    3. Is required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45, as in effect on January 1, 2011;
  33. “Nonexcepted intrastate” means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but does not engage exclusively in transportation or operations as provided in 49 C.F.R. §§ 390.3(f), 391.2, 391.68, or 398.3, as in effect on January 1, 2011, and is therefore required to obtain a medical examiner's certificate;
  34. “Out-of-service order” means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver or motor carrier is temporarily prohibited from operating a commercial motor vehicle pursuant to § 27-23-113 or compatible laws, or that a commercial motor vehicle may not be operated;
    1. “School bus” means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events.
    2. “School bus” does not include a bus used as a common carrier;
  35. “Serious traffic violation” means a conviction when operating a commercial motor vehicle of:
    1. Excessive speeding, involving a single offense for a speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit;
    2. Reckless driving as defined by state or local law or regulation, including without limitation offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;
    3. Improper or erratic traffic lane changes;
    4. Following the vehicle ahead too closely;
      1. A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation.
      2. Serious traffic violations shall not include weight or defect violations;
    5. Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver license;
      1. Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver license in the driver's possession.
      2. An individual who by the date the individual must appear in court or pay any fine for a violation under this subdivision (41)(G) provides proof to the enforcement authority that issued the citation that the individual held a valid commercial driver license on the date the citation was issued shall not be guilty of this offense;
    6. Driving a commercial vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported;
    7. Driving while texting; or
    8. Using a hand-held mobile telephone while driving;
  36. “State” means a state of the United States and also means the District of Columbia;
    1. “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rating capacity of more than one hundred nineteen gallons (119 gals.) and an aggregate rated capacity of one thousand gallons (1,000 gals.) or more that is either permanently or temporarily attached to the vehicle or chassis.
    2. “Tank vehicle” does not include a commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons (1,000 gals.) or more that is temporarily attached to a flatbed trailer;
    1. “Texting” means manually entering alphanumeric text into, or reading text from, an electronic device.
    2. “Texting” includes without limitation using a short message service, emailing, instant messaging, entering a command or request to access an internet page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication.
    3. “Texting” does not include:
      1. Pressing a single button to initiate or terminate a voice communication using a mobile telephone;
      2. Inputting, selecting, or reading information on a global positioning system or navigation system; or
      3. Using a device capable of performing multiple functions, including without limitation a fleet management system, a dispatching device, a smart phone, a citizens band radio, or a music player, for a purpose that is not otherwise prohibited in 49 C.F.R. parts 383 or 392;
  37. “Third-party skills test examiner” means a person employed by a third-party tester who is authorized by the Division of Arkansas State Police to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013;
    1. “Third-party tester” means a person authorized by the Division of Arkansas State Police to employ skills test examiners to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013.
    2. A “third-party tester” may include without limitation another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government;
  38. “United States” means the fifty (50) states and the District of Columbia; and
  39. “Use of a hand-held mobile telephone” means:
    1. Using at least one (1) hand to hold a mobile telephone to conduct a voice communication;
    2. Dialing or answering a mobile telephone by pressing more than a single button; or
    3. Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93, as in effect on January 1, 2013, and adjusted in accordance with the vehicle manufacturer's instructions.

History. Acts 1989, No. 241, § 3; 1991, No. 643, § 1; 1995, No. 921, §§ 1, 2; 1997, No. 892, §§ 1-3; 2003, No. 842, § 1; 2005, No. 879, § 2; 2007, No. 382, § 1; 2009, No. 456, §§ 5, 6; 2011, No. 352, §§ 1, 2; 2013, No. 758, §§ 1-11; 2015, No. 299, § 34; 2015, No. 578, §§ 1, 2; 2017, No. 463, §§ 1, 2; 2019, No. 738, § 1.

Amendments. The 2013 amendment rewrote the section.

The 2015 amendment by No. 299 inserted “or boating” in (16)(B) [now (17)(B)].

The 2015 amendment by No. 578 rewrote (7) [now (8)] and (24) [now (26)].

The 2017 amendment, in (3)(A), substituted “or” for “and” preceding “transportation”, “outside of that state” for “outside of the state”, and “outside of the United States” for “outside the United States”; substituted “described in subdivision (3)(A) of this section” for “within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States” in (3)(B); added “does not meet Group A or B requirements under subdivision (7)(A) and (B) of this section but that either” in the introductory language of (7)(C) [now (8)(C)]; deleted former (7)(C)(i); and redesignated the remaining subdivisions accordingly.

The 2019 amendment deleted “as in effect on January 1, 2013” following “49 C.F.R. parts 383 or 392” in (38)(C)(iii) [now (44)(C)(iii)] and made stylistic changes.

U.S. Code. The Commercial Motor Vehicle Safety Act of 1986, which was codified at 49 U.S.C. §§ 2701 et seq., has been repealed. For similar provisions, see 49 U.S.C. §§ 31100 et seq.

The Hazardous Materials Transportation Act, referred to in this section, was repealed. For similar provisions, see 49 U.S.C. § 5101 et seq.

27-23-104. Limitation on number of driver licenses.

No person who drives a commercial motor vehicle may have more than one (1) driver license.

History. Acts 1989, No. 241, § 4.

27-23-105. Notification required by driver.

  1. Notification of Convictions.
    1. Any driver of a commercial motor vehicle holding a driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state, other than parking violations, shall notify the Office of Driver Services in the manner specified by the office within thirty (30) days of the date of conviction.
    2. Any driver of a commercial motor vehicle holding a driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, must notify his or her employer in writing of the conviction within thirty (30) days of the date of conviction.
  2. Notification of Suspensions, Revocations, and Cancellations. Each driver whose driver license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, must notify his or her employer of the fact before the end of the business day following the day the driver received notice of that fact.
  3. Notification of Previous Employment.
    1. Each person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
      1. A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
      2. The dates between which the applicant drove for each employer; and
      3. The reason for leaving that employer.
    2. The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
  4. Prohibition from Driving for Certain Violations.
    1. Any person who once violates the provisions of this section shall be prohibited from driving a commercial motor vehicle in this state for a period of ninety (90) days.
    2. Any person who violates the provisions of this section a second time shall be prohibited from driving a commercial motor vehicle in this state for a period of one (1) year.
    3. Any person who violates the provisions of this section a third or subsequent time shall be prohibited from ever driving a commercial motor vehicle in this state.

History. Acts 1989, No. 241, § 5.

27-23-106. Employer responsibilities.

  1. Each employer must require the applicant to provide the information specified in § 27-23-105(c).
  2. No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
    1. In which the driver has a driver license suspended, revoked, or cancelled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle;
    2. In which the driver has more than one (1) driver license; or
    3. In which the employee, the motor carrier, the driver, or the vehicle operated by the employee or driver is subject to an out-of-service order.
    1. Any employer who once violates the provisions of subdivision (b)(1) or subdivision (b)(2) of this section shall, upon conviction, be fined a sum of five hundred dollars ($500), and each day's violation and each driver's violation shall constitute a separate offense and shall be punished as such. Any employer who violates the provisions of subdivision (b)(1) or (2) of this section a second or subsequent time shall, upon conviction, be fined a sum of one thousand dollars ($1,000), and each day's violation and each driver's violation shall constitute a separate offense and shall be punished as such.
    2. An employer convicted of a violation of subdivision (b)(3) of this section is subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) but not more than twenty-five thousand dollars ($25,000).
    3. An employer who knowingly allows, requires, permits, or authorizes a driver to operate a commercial motor vehicle in violation of federal, state, or local law or regulation pertaining to one (1) or more of the offenses listed in § 27-23-112(d) at a railroad-highway grade crossing is subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) but not more than ten thousand dollars ($10,000).

History. Acts 1989, No. 241, § 6; 1995, No. 921, § 3; 2005, No. 879, § 1; 2009, No. 456, § 7.

Amendments. The 2009 amendment substituted “but not more than twenty-five thousand dollars ($25,000)” for “nor more than eleven thousand dollars ($11,000)” in (c)(2); substituted “a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) but not more than ten thousand dollars ($10,000)” for “the civil penalties of subdivision (e)(2) of this section in addition to the disqualification provisions of § 27-23-112(e)” in (c)(3); and made minor stylistic changes.

27-23-107. Commercial driver license required.

    1. A person shall not operate a commercial motor vehicle unless the person has taken and passed written and driving tests for a commercial learner's permit or a commercial driver license that meet the federal vehicle groups and endorsements, required knowledge and skills, and testing standard, as required by this chapter, for the commercial motor vehicle that person operates or expects to operate.
    2. If a person possesses a commercial learner's permit, the person is authorized to operate a class of commercial motor vehicle if:
      1. The commercial learner's permit holder is at all times accompanied by the holder of a valid commercial driver license who has the proper commercial driver license group and endorsement or endorsements necessary to operate the commercial motor vehicle;
      2. The commercial driver license holder is at all times physically present in the front seat of the vehicle next to the commercial learner's permit holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and has the commercial learner's permit holder under observation and direct supervision;
      3. The commercial learner's permit holder holds a valid driver's license issued by the same jurisdiction that issued the commercial learner's permit;
      4. The commercial learner's permit holder has taken and passed a general knowledge test that meets the federal vehicle groups and endorsements, required knowledge and skills, and testing standards, as required by this chapter, for the commercial motor vehicle that the person operates or expects to operate; and
      5. The commercial learner's permit holder is eighteen (18) years of age or older.
  1. No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out-of-service order.
  2. Any person who violates any provisions of this section shall be cited for such violations and if found guilty shall be deemed to have committed a Class C misdemeanor.

History. Acts 1989, No. 241, § 7; 2013, No. 758, § 12.

Amendments. The 2013 amendment rewrote (a).

27-23-108. Commercial driver license qualification standards — Definitions.

  1. Testing.
      1. To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has:
        1. Passed a knowledge and skills test for driving a commercial motor vehicle that:
          1. Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or
          2. Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and
        2. Satisfied all other requirements imposed by state or federal law or regulation.
        1. The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section.
        2. The knowledge test administered by the division shall be given in electronic format.
        3. The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration.
      2. The Department of Finance and Administration shall set the length of time consistent with federal law that the commercial driver license is valid under this subdivision (a)(1).
    1. The division shall, by rules, authorize a person, including an agency of this state, an employer, a private driver training facility, another private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section pursuant to the requirements of 49 C.F.R. § 383.75, as in effect on January 1, 2013. These third-party testing regulations shall provide at a minimum that:
      1. A skills test given by a third-party tester is the same as a test that would otherwise be given by the division using:
        1. The same version of the skills test;
        2. The same written instructions for test applicants; and
        3. The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013;
      2. A third-party skills test examiner shall meet the requirements of 49 C.F.R. § 384.228, as in effect on January 1, 2013;
      3. The third-party tester shall enter into an agreement with the division that demonstrates compliance with all of the requirements of 49 C.F.R. § 383.75, as in effect on January 1, 2013;
      4. The division shall designate and provide to any third-party testers the evidence to be used to indicate to the Department of Finance and Administration that an applicant had successfully passed the skills test;
      5. The eligibility to become a third-party tester shall be open to qualified persons under the regulations at least two (2) times annually, provided there are sufficient numbers of qualified applicants to conduct classes;
      6. The third-party tester shall pay a third-party testing administration fee as may be determined by the Director of the Division of Arkansas State Police to recover the costs of administering the testing program and examination distribution expenses;
      7. The division shall issue each third-party skills test examiner a skills-testing certificate upon successful completion of a formal skills test examiner training course pursuant to 49 C.F.R. § 384.228, as in effect on January 1, 2013; and
      8. The division shall audit and monitor third-party testers and third-party skills test examiners pursuant to the requirements of 49 C.F.R. § 384.229, as in effect on January 1, 2013.
      1. A third-party tester shall obtain and maintain a bond to pay for the retesting of drivers in the following amounts:
        1. Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year;
        2. One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year;
        3. Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and
        4. Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year.
        1. A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year.
        2. Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year.
      2. A governmental entity including without limitation a school district, public university, or college that is authorized to perform third-party testing is not required to initiate and maintain a bond as required by this section.
      3. In the event that a third-party tester or one of its examiners is involved in fraudulent activities related to conducting skills testing that require a driver to be retested, the third-party tester's bond is liable to the division for payment of its actual costs to retest the driver.
  2. Waiver of Skills Test.
    1. The division may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R., § 383.77, as in effect on January 1, 2013.
      1. As used in this subdivision (b)(2), “valid military commercial driver license” means any commercial driver license that is recognized by any active or reserve component of any branch or unit of the United States Armed Forces as currently being valid or as having been valid at the time of the applicant's separation or discharge from the military that occurred within the twelve-month period prior to the date of application to the Office of Driver Services for a commercial driver license.
      2. The division shall waive the skills test specified in this section for any commercial driver license applicant who:
        1. Possesses a valid military commercial driver license;
        2. Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license:
          1. More than one (1) license except for a military license;
          2. A license suspended, disqualified, revoked, or cancelled;
          3. A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b), as in effect on January 1, 2013;
          4. A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c), as in effect on January 1, 2013;
          5. A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or
          6. A traffic accident in which the applicant was at fault; and
        3. Provides evidence and certifies that he or she:
          1. Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle;
          2. Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c), as in effect on January 1, 2013; and
          3. Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military.
      3. The division shall:
        1. Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and
        2. Return the application for a commercial driver license, along with the military commercial driver license, to the office for the issuance of the commercial driver license.
  3. Limitations on Issuance of License.
    1. A commercial driver license or commercial learner's permit may not be issued to a person:
      1. While the person is subject to a disqualification from driving a commercial motor vehicle;
      2. While the person's driver license is suspended, revoked, or canceled in any state; or
      3. For one (1) year after the end of:
        1. The disqualification under subdivision (c)(1)(A) of this section; or
        2. The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section.
    2. A commercial driver license shall not be issued to a person who has a commercial driver license or any other driver license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state or states for cancellation.
  4. Commercial Learner's Permit.
    1. A commercial learner's permit may be issued by the Department of Finance and Administration pursuant to the requirements of 49 C.F.R. part 383, subpart E, as in effect on January 1, 2013, to an individual who:
      1. Is domiciled in this state;
      2. Holds a valid driver's license;
      3. Has passed the knowledge tests and endorsement tests required by this section as applicable; and
      4. Has met all other requirements of the Department of Finance and Administration.
      1. A commercial learner's permit is valid for a period of one hundred eighty (180) days from the date of issuance and may be renewed for an additional one hundred eighty (180) days.
      2. If a commercial learner's permit holder has not been issued a commercial driver license while his or her commercial learner's permit is valid and the person wishes to obtain another commercial learner's permit, the person shall reapply for a commercial learner's permit and retake and pass the knowledge tests and endorsement tests, if applicable, as provided in this section.
    2. A commercial learner's permit shall contain only the following endorsements, as restricted by 49 C.F.R. § 383.25, as in effect on January 1, 2013:
      1. “P” — passenger;
      2. “S” — school bus; or
      3. “N” — tank vehicle.
      1. A commercial learner's permit holder with a passenger (“P”) endorsement shall have taken and passed the “P” endorsement knowledge test.
      2. A commercial learner's permit holder with a “P” endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder.
      3. A “P” endorsement is class-specific.
      1. A commercial learner's permit holder with a school bus (“S”) endorsement shall have taken and passed the “S” endorsement knowledge test.
      2. A commercial learner's permit holder with an “S” endorsement is prohibited from operating a school bus with passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder.
      1. A commercial learner's permit holder with a tank vehicle (“N”) endorsement shall have taken and passed the “N” endorsement knowledge test.
      2. A commercial learner's permit holder with an “N” endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.
    3. Other than the endorsements contained in subdivision (d)(3) of this section, no other endorsements may be contained on a commercial learner's permit.
  5. Human Trafficking Prevention Training.
    1. A person may be issued a Class A commercial driver license only if he or she:
      1. Completes a human trafficking prevention course administered by the division or by a third party approved by the division to present a human trafficking prevention course under regulations promulgated as provided in this section; or
      2. Becomes a Certified Trucker Against Trafficking by completing the online certification course offered by Truckers Against Trafficking and provides evidence of completion to the department with his or her application for a commercial driver license under § 27-23-110.
    2. A person who currently holds a Class A commercial driver license is not required to comply with this subsection when applying for renewal of the commercial driver license as required by § 27-23-111(g) so long as he or she has completed the human trafficking prevention training required under subdivision (e)(1) of this section at least once.

History. Acts 1989, No. 241, § 8; 1995, No. 654, § 1; 2003, No. 217,§ 2; 2003, No. 842, § 2; 2003 (2nd Ex. Sess.), No. 5, §§ 1, 2; 2005, No. 76, § 1; 2005, No. 879, § 5; 2005, No. 942, § 1; 2007, No. 584, § 1; 2013, No. 758, § 13; 2015, No. 578, §§ 3-6; 2017, No. 922, § 1; 2019, No. 366, § 1; 2019, No. 910, §§ 6040-6047.

Amendments. The 2013 amendment rewrote the section.

The 2015 amendment, in (a)(1)(C), deleted “promulgate the rules to” following “shall” and inserted “consistent with federal law that”; added (a)(3); substituted “twelve (12) months” for “ninety (90) days” in (b)(2)(B)(iii) (a) ; inserted designations (c)(1)(A) and (B); and added (c)(1)(C).

The 2017 amendment added (e).

The 2019 amendment by No. 366, in (e)(2), substituted “is not required to comply” for “must comply”, and added “so long as he or she has completed the human trafficking prevention training required under subdivision (e)(1) of this section at least once”.

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” or “division” for “Department of Arkansas State Police” throughout the section.

Case Notes

Transfer Properly Disqualified.

When a driver applied to transfer his commercial driver's license to the state, it was properly disqualified pursuant to subsection (c) of this section by a state agency as it discovered he had a DWI conviction in another state, and no prior action had been taken under the federal regulations. Thus, it was required under 49 C.F.R. § 384.206 to implement the disqualification. Burdine v. Arkansas Dep't of Fin. & Admin., 2010 Ark. 455, 379 S.W.3d 476 (2010), cert. denied, Burdine v. Weiss, 564 U.S. 1019, 131 S. Ct. 3027, 180 L. Ed. 2d 845 (2011).

27-23-109. [Repealed.]

Publisher's Notes. This section, concerning nonresident commercial driver licenses, was repealed by Acts 2007, No. 382, § 2. The section was derived from Acts 1989, No. 241, § 9.

27-23-110. Application for commercial driver license.

    1. The application for a commercial driver license or commercial learner's permit shall include the following:
      1. The full name and current residential address of the applicant;
      2. A physical description of the applicant, including the applicant's sex, height, weight, eye color, and hair color;
      3. The applicant's date of birth;
      4. The applicant's Social Security number;
      5. The applicant's signature;
      6. A consent to release driving record information;
      7. Certifications, including without limitation those required by 49 C.F.R. § 383.71, as in effect on January 1, 2013;
      8. Certification that the applicant is not subject to any disqualification under 49 C.F.R. § 383.51, as in effect on January 1, 2013, or any license suspension, revocation, or cancellation under state law and that the applicant does not have a driver license from more than one (1) state or jurisdiction;
      9. Certification that the applicant is or expects to be one (1) of the following types of drivers:
        1. Nonexcepted interstate;
        2. Excepted interstate;
        3. Nonexcepted intrastate; or
        4. Excepted intrastate;
      10. For an applicant for a commercial driver license only, the surrender of the applicant's noncommercial driver licenses to the state;
      11. The names of all states in which the applicant has previously been licensed to drive any type of motor vehicle during the previous ten (10) years;
      12. For an applicant that certifies as nonexcepted interstate or nonexcepted intrastate, the applicant shall provide the Office of Driver Services with a medical examiner's certificate and any waiver, exemption, or skills performance evaluation certificate required by the medical examiner's certificate as provided in § 27-23-129; and
      13. Any other information required by the office.
    2. The application for a commercial driver license shall be accompanied by an application fee of forty-one dollars ($41.00).
  1. When a licensee changes his or her name, an application for a duplicate license shall be made to the office.
  2. No person who has been a resident of this state for thirty (30) days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.
  3. The license application shall be accompanied by an examination fee for each knowledge and skills test, which shall be set by regulation of the Division of Arkansas State Police in an amount not to exceed fifty dollars ($50.00) for each examination and administration.
  4. The examination fee set in subsection (d) of this section shall be collected by the Revenue Division of the Department of Finance and Administration at the time of initial application for a commercial motor vehicle license and any subsequent applications for examination. The funds shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the cost of administering the examination of the knowledge and skills tests required in § 27-23-108.
  5. If the Office of Driver Services issues a commercial learner's permit to an applicant, the applicant may take the commercial driver license skills test no earlier than fourteen (14) calendar days following the date of issuance of the commercial learner's permit.

History. Acts 1989, No. 241, § 10; 1989 (3rd Ex. Sess.), No. 36, § 1; 1991, No. 164, § 1; 1991, No. 852, § 1; 1991, No. 1042, § 1; 2003, No. 842, § 3; 2007, No. 256, § 1; 2007, No. 382, § 3; 2011, No. 352, § 3; 2013, No. 758, § 14; 2017, No. 463, § 3.

Amendments. The 2011 amendment redesignated former (a) as (a)(1) and former (a)(1) through (a)(7) as (a)(1)(A) througth (G); substituted “applicant” for “person” in (a)(1)(A) and (B); inserted “27-23-110” in (a)(1)(B); substituted “The applicant's” for “Date” in (a)(1)(C); substituted “applicant's” for “person's” in (a)(1)(E); added “as in effect on January 1, 2011” at the end of (a)(1)(F); redesignated former (a)(8) as (a)(1)(H); inserted “as in effect on January 1, 2011” in (a)(1)(H); inserted (a)(1)(I); and redesignated former (a)(9) through (11) as (a)(1)(J) through (L).

The 2013 amendment substituted “learner's permit” for “driver instruction permit” in (a)(1); inserted “without limitation” and deleted “(a)” following “§ 383.71” in (a)(1)(G); substituted “2013” for “2011” in (a)(1)(G) and (H); deleted “Beginning on and after January 30, 2012” in (a)(1)(I); added “For an applicant for a commercial driver license only” in (a)(1)(J); inserted (a)(1)(L); substituted “office” for “Office of Driver Services” in (a)(1)(M); inserted “for a commercial driver license” in (a)(2); substituted “shall” for “must” throughout the section; and added (f).

The 2017 amendment deleted “or residential address” following “name” in (b).

27-23-111. Content of Commercial Driver License — Classifications — Expiration and renewal.

  1. Content of License. The commercial driver license must be marked “Commercial Driver License” or “CDL”, and must be, to the maximum extent practicable, tamperproof. It must include, but not be limited to, the following information:
    1. The name and residential address of the person;
    2. The person's color photograph;
    3. A physical description of the person, including sex and height;
    4. Date of birth;
    5. A license number which shall be a nine-digit number assigned to the person by the Commissioner of Motor Vehicles;
    6. The person's signature;
    7. The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions;
    8. The name of this state; and
    9. The dates between which the license is valid.
  2. Classifications, Endorsements, and Restrictions. Commercial driver licenses may be issued with the following Class A, Class B, or Class C classifications, as well as the following endorsements and restrictions; the holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued, and all lesser classes of vehicles except motorcycles and vehicles which require an endorsement, unless the proper endorsement appears on the license; all other driver licenses may be issued with the following Class D, Class M, or Class MD classifications:
    1. Commercial Classification.
      1. Class A. Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or more, provided that the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds (10,000 lbs.). No Class A license shall be issued to any person under the age of eighteen (18) years.
      2. Class B. Any single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or more, and any such vehicle towing a vehicle not in excess of ten thousand pounds (10,000 lbs.). No Class B license shall be issued to any person under eighteen (18) years of age.
      3. Class C.
        1. Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one pounds (26,001 lbs.) or any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds (10,000 lbs.) comprising:
          1. Vehicles designed to transport sixteen (16) or more passengers, including the driver; and (b) Vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under the Hazardous Materials Regulations, 49 C.F.R., part 172, subpart F.
        2. No Class C license shall be issued to any person under eighteen (18) years of age.
    2. Other Classifications.
        1. Class D. Any vehicle which is not a commercial vehicle, as defined by this chapter. No Class D license shall be issued to persons under the age of fourteen (14) years; provided, however, that no such licensee under the age of sixteen (16) years shall operate a vehicle unless accompanied in the front passenger seat of the vehicle by a licensed driver with at least one (1) year of driving experience.
        2. No Class D license shall be valid to carry passengers for hire without a “P” endorsement. No “P” endorsement shall be issued to any person under the age of eighteen (18) years.
        3. Notwithstanding the provisions of this or any other section of this subchapter, any person who on January 1, 1990, has a valid operator's, chauffeur's, or for-hire chauffeur's license shall be entitled to drive the vehicles authorized thereby until the date of expiration of such license, but not thereafter; provided, however, that any person driving a commercial motor vehicle as defined by this chapter on or after April 1, 1992, must first obtain a commercial driver license as required by this section.
      1. Class M. That license valid for the operation of any motorcycle which displaces more than two hundred fifty cubic centimeters (250 cc). No such license shall be issued to any person under sixteen (16) years of age.
      2. Class MD. That license valid for the operation of any motor-driven cycle which displaces two hundred fifty cubic centimeters (250 cc) or less. No such license shall be issued to any person under the age of fourteen (14) years. A Class MD license shall automatically expire upon the licensee's sixteenth (16th) birthday.
      1. Endorsements are:
        1. “H” — authorizes the driver to drive a vehicle transporting hazardous material;
        2. “T” — authorizes driving double and triple trailers;
        3. “P” — authorizes driving vehicles carrying passengers or carrying passengers for hire;
        4. “N” — authorizes driving tank vehicles;
        5. “X” — represents a combination of hazardous materials and tank vehicle endorsements;
        6. “M” — authorizes the driver to drive a motorcycle;
        7. “S” — authorizes the driver to operate a school bus; and
        8. “MD” — authorizes the driver to operate a motor driven cycle.
      2. Restrictions are:
        1. “L” — no air brake-equipped commercial motor vehicle;
        2. “Z” — no full air brake-equipped commercial motor vehicle;
        3. “E” — no manual transmission-equipped commercial motor vehicle;
        4. “O” — no tractor-trailer commercial motor vehicle;
        5. “M” — no Class A passenger vehicle;
        6. “N” — no Class A or Class B passenger vehicle;
        7. “K” — for intrastate only;
        8. “V” — indicates there is information about a medical variance on the commercial driver license record for commercial driver licenses issued on or after January 30, 2012, if the Office of Driver Services is notified according to 49 C.F.R. § 383.73(o), as in effect on January 1, 2013, that the driver has been issued a medical variance;
        9. “P” — no passengers in a commercial motor vehicle bus;
        10. “W” — only seasonal farm service vehicles;
        11. “X” — no cargo in commercial tank vehicle; and
        12. “7” — only diesel fuel and fertilizer vehicles.
      3. The restrictions contained in subdivisions (b)(3)(B)(ix) and (xi) of this section apply only to commercial learner's permits.
    1. Applicant Record Check. Before issuing a commercial driver license, the Office of Driver Services must obtain driving record information through the Commercial Driver License Information System, the National Driver Register, and from each state in which the person has been licensed.
    2. Criminal Background Check.
        1. After January 30, 2005, before issuing a commercial driver license with a hazardous materials or “H” endorsement, the office shall obtain from the Transportation Security Administration a criminal background check and evaluation which establish that the driver is not a security risk.
        2. After May 31, 2005, before renewing or accepting a transferred commercial driver license with a hazardous materials or “H” endorsement, the office shall obtain from the administration a criminal background check and evaluation which establish that the driver is not a security risk.
        1. If the office denies issuance of a commercial driver license with a hazardous materials or “H” endorsement based on the criminal background check and evaluation performed by the administration, any person disqualified from transporting hazardous material who wishes to appeal that finding shall file an appeal to the administration under the rules, regulations, and guidelines of that agency.
        2. The appeal process provided under federal law shall be the sole avenue to appeal the denial of the issuance of a commercial driver license under this section based upon the finding of the administration.
  3. Notification of License Issuance. Within ten (10) days after issuing a commercial driver license, the office must notify the Commercial Driver License Information System of that fact, providing all information required to ensure identification of the person.
  4. Expiration of License. All driver licenses issued on and after January 1, 1990, shall be issued for a period of four (4) years from the date of issuance.
  5. Authority to Adjust All Driver License Expiration Periods. The office, for whatever period of time is necessary, shall have the authority to promulgate rules and regulations to extend or shorten the term of any driver license period, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year. All driver licenses subject to change for the purpose of this chapter shall also be subject to adjustment of the license fee to ensure the proper license fee is assessed as set forth in this chapter and the change shall be carried out in a manner determined by the office.
  6. License Renewal Procedures. When applying for renewal of a commercial driver license, the applicant must complete the application form required by § 27-23-110(a) providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed.

History. Acts 1989, No. 241, § 11; 1989 (3rd Ex. Sess.), No. 36, § 2; 1991, No. 164, § 2; 1991, No. 852, § 2; 1993, No. 445, § 38; 2003, No. 836, § 3; 2003, No. 842, § 4; 2005, No. 136, § 1; 2007, No. 256, § 2; 2011, No. 352, § 4; 2013, No. 758, § 15; 2015, No. 578, § 7.

Amendments. The 2011 amendment added “‘V’ — indicates there is ... issued a medical variance” at the end of (b)(3).

The 2013 amendment inserted the (b)(3)(A) and (b)(3)(B) designations; deleted “and restrictions” following “Endorsements” in the introductory language of (b)(3)(A); deleted “ ‘K’ — restricts the driver to vehicles not equipped with airbrakes” in (b)(3)(A); inserted the “ ‘L’ ” through “ ‘K’ “ restrictions in (b)(3)(B); and substituted “49 C.F.R. § 383.73(o)” for “ 49 C.F.R. § 383.73(j)(3)” and “January 1, 2013” for “January 1, 2011” in the “ ‘V’ ” restriction in (b)(3)(B).

The 2015 amendment added (b)(3)(A)(viii); added (b)(3)(B)(ix) through (xii); and added (b)(3)(C).

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.

27-23-112. Disqualification and cancellation.

    1. A driver, holder of a commercial driver license, or a holder of a commercial learner's permit who is disqualified shall not drive a commercial motor vehicle.
    2. An employer shall not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle.
    3. A driver is subject to disqualification sanctions designated in this section if the holder of a commercial driver license or the holder of a commercial learner's permit drives a commercial motor vehicle or noncommercial motor vehicle and is convicted of violations.
    4. Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this section, each conviction for any offense listed in this section resulting from a separate incident, whether committed in a commercial motor vehicle or noncommercial motor vehicle, shall be counted.
      1. The Office of Driver Services may reinstate any driver disqualified for life for offenses described in subdivisions (b)(1)-(7) of this section after ten (10) years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the Department of Health.
      2. Any person who has been reinstated in accordance with subdivision (a)(5)(A) of this section and who is subsequently convicted of a disqualifying offense described in subdivisions (b)(1)-(7) of this section shall not be reinstated.
    5. Notwithstanding any other provision of law, an Arkansas court shall not grant a restricted driving permit to operate a commercial motor vehicle.
    6. A disqualification period imposed by this section or by 49 C.F.R. § 383.51, as in effect on January 1, 2013, is in addition to any other previous period of disqualification.
  1. Disqualification for major offenses. Depending upon the type of vehicle a driver required to have a commercial learner's permit or a commercial driver license is operating at the time of the violation, a driver shall be disqualified as follows:
    1. If a driver operates a motor vehicle and is convicted of being intoxicated by drugs or alcohol as provided by § 5-65-103 or an equivalent federal law or law of another state or refuses to submit to chemical testing as provided by § 5-65-202 or an equivalent federal law or law of another state, the driver shall be disqualified as follows:
      1. For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      2. For a first conviction or refusal to be tested while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      3. For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years;
      4. For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and
      5. For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life;
    2. If a driver operates a motor vehicle and is convicted of having a blood alcohol concentration in violation of § 27-23-114(a), the driver shall be disqualified as follows:
      1. For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      2. For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and
      3. For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and
    3. If a driver operates a motor vehicle and is convicted of leaving the scene of an accident, the driver shall be disqualified as follows:
      1. For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      2. For a first conviction while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      3. For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years;
      4. For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and
      5. For a second conviction in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life;
    4. If a driver operates a motor vehicle and is convicted of using the vehicle to commit a felony other than one described in subdivision (b)(7) of this section, the driver shall be disqualified as follows:
      1. For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a holder of a commercial learner's permit shall be disqualified from operating a commercial motor vehicle for one (1) year;
      2. For a first conviction while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      3. For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years;
      4. For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and
      5. For a second conviction in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life;
    5. If a driver operates a motor vehicle and is convicted of driving a commercial motor vehicle when the driver's commercial driver license or a commercial learner's permit is revoked, suspended, or canceled or if the driver is disqualified from operating a commercial motor vehicle as a result of prior violations committed while operating a commercial motor vehicle, the driver shall be disqualified as follows:
      1. For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      2. For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and
      3. For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life;
    6. If a driver operates a motor vehicle and is convicted of causing a fatality through the negligent operation of a commercial motor vehicle, including without limitation the crimes of murder, manslaughter, and negligent homicide, the driver shall be disqualified as follows:
      1. For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year;
      2. For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and
      3. For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and
    7. If a driver operates a motor vehicle and is convicted of using the vehicle in the commission of a felony involving delivering, manufacturing, or trafficking a controlled substance in violation of §§ 5-64-419 — 5-64-442 or the former § 5-64-401, or an equivalent federal law or law of another state, the driver shall be disqualified as follows:
      1. For a conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life and shall not be eligible for reinstatement after ten (10) years; and
      2. For a conviction while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life and shall not be eligible for reinstatement after ten (10) years.
  2. Disqualification for serious traffic violations, the offenses, and the periods for which a driver is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, shall be as follows:
    1. For a second conviction of any combination of serious traffic violations in a separate incident within a three-year period while operating a commercial motor vehicle or a suspension, revocation, or cancellation resulting from a conviction while operating a noncommercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for sixty (60) days; and
    2. For a third or subsequent conviction of any combination of serious traffic violations in a separate incident within a three-year period while operating a commercial motor vehicle or a conviction that results in suspension, revocation, or cancellation resulting from operating a noncommercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one hundred twenty (120) days.
  3. A driver shall be disqualified if the driver is convicted of operating a commercial motor vehicle in violation of federal, state, or local law or regulation because of the following railroad crossing violations:
    1. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
    2. For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear;
    3. For drivers who are always required to stop, failing to stop before driving onto the crossing;
    4. For all drivers failing to have sufficient space to drive completely through the crossing without stopping;
    5. For all drivers failing to obey a traffic control device or the directions of the enforcement official at the crossing; and
    6. For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.
  4. A driver convicted of an offense listed in subsection (d) of this section shall be disqualified:
    1. For at least sixty (60) calendar days for a first conviction;
    2. For at least one hundred twenty (120) calendar days for a second conviction within a three-year period; and
    3. For at least one (1) year for a third or subsequent conviction within a three-year period.
  5. A driver who violates an out-of-service order shall be disqualified as follows:
    1. If the driver operates a commercial motor vehicle and is convicted of violating a driver or vehicle out-of-service order while transporting nonhazardous materials, the driver shall be disqualified as follows:
      1. For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least one hundred eighty (180) days but not more than one (1) year;
      2. For a second conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least two (2) years but not more than five (5) years; and
      3. For a third or subsequent conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least three (3) years but not more than five (5) years; and
    2. If the driver operates a commercial motor vehicle and is convicted of violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, or while operating a vehicle designed to transport sixteen (16) or more passengers, including the driver, the driver shall be disqualified as follows:
      1. For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least one hundred eighty (180) days but not more than two (2) years;
      2. For a second conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least three (3) years but not more than five (5) years; and
      3. For a third or subsequent conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least three (3) years but not more than five (5) years.
  6. Any driver disqualified by the administration under 49 C.F.R. § 383.52, as in effect on January 1, 2013, shall be disqualified by the office. The disqualification shall be concurrent with the disqualification ordered by the administration and shall be entered as part of the driver's record.
  7. Convictions, disqualifications, and other licensing action for violations as provided in this section shall be noted and retained by the office on a person's commercial driver license or commercial learner's permit record for the periods of time required under 49 C.F.R. §§ 384.225(d) and 384.231(d), as in effect on January 1, 2013.
  8. The commercial driver license record released by the office to the employer or prospective employer of a commercial driver pursuant to 49 C.F.R. § 384.225(c) and (e)(4), as in effect on January 1, 2013, shall be a complete record that includes any convictions, disqualifications, and other licensing actions for violations required to be retained on a commercial driver license or commercial learner's permit record under 49 C.F.R. §§ 384.225(d) and 384.231(d), as in effect on January 1, 2013.

History. Acts 1989, No. 241, § 12; 1993, No. 1257, § 6; 1995, No. 921, § 4; 1999, No. 1077, §§ 3, 4; 2001, No. 216, § 1; 2003, No. 842, § 5; 2007, No. 370, § 1; 2009, No. 456, §§ 8, 9; 2011, No. 352, §§ 5, 6; 2011, No. 570, § 128; 2013, No. 758, § 16.

A.C.R.C. Notes. Acts 1993, No. 1257, § 7, provided:

“The Director of the Department of Finance and Administration is authorized to enter into any agreements or arrangements with other states and to take all action deemed necessary or proper, including the making and promulgation of rules and regulations, in order that the amendments contained in this Act may be effectuated.”

Acts 2011, No. 570, § 1, provided: “Legislative intent. The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Amendments. The 2009 amendment rewrote (e); and in (f), substituted “one hundred eighty (180)” for “ninety (90)” in (f)(1)(A), substituted “two (2) years” for “one (1) year” in (f)(1)(B), and made minor stylistic changes.

The 2011 amendment by No. 352 inserted (a)(6); and substituted “serious traffic violations” for “offenses listed in § 27-23-103(28) as serious traffic offenses” in (c)(1) and (2).

The 2011 amendment by No. 570, in (b)(7), inserted “delivering,” substituted “or trafficking” for “distributing, or dispensing,” and inserted “§§ 5-64-4195-64-442 or the former.”

The 2013 amendment rewrote the section.

27-23-113. Commercial drivers prohibited from operating with any alcohol in system.

  1. No person shall:
    1. Consume an intoxicating beverage, regardless of its alcoholic content, or be under the influence of an intoxicating beverage, within four (4) hours before going on duty or operating, or having physical control of, a commercial motor vehicle;
    2. Consume an intoxicating beverage regardless of its alcohol content, be under the influence of an intoxicating beverage, or have any measured alcohol concentration or any detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or
    3. Be on duty or operate a commercial motor vehicle while the driver possesses an intoxicating beverage, regardless of its alcohol content. However, this subdivision (a)(3) does not apply to possession of an intoxicating beverage which is manifested and transported as part of a shipment.
    1. Any driver who is found to be in violation of the provisions of subsection (a) of this section shall be placed out-of-service immediately for a period of twenty-four (24) hours.
    2. The twenty-four-hour out-of-service period will commence upon issuance of an out-of-service order.
    3. No driver shall violate the terms of an out-of-service order issued under this section.
  2. A driver convicted of violating an out-of-service order is subject to disqualification under § 27-23-112, in addition to a civil penalty of:
    1. Not less than two thousand five hundred dollars ($2,500) for a first conviction; and
    2. Not less than five thousand dollars ($5,000) for a second or subsequent conviction.

History. Acts 1989, No. 241, § 13; 2003, No. 842, § 6; 2009, No. 456, § 10.

Amendments. The 2009 amendment rewrote (c).

Case Notes

Cited: Ottens v. State, 316 Ark. 1, 871 S.W.2d 329 (1994); Frette v. State, 58 Ark. App. 81, 947 S.W.2d 15 (1997).

27-23-114. Commercial motor vehicle driving offenses and penalties — Definitions.

    1. It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term “intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, at such measurable level so that the driver's reactions, motor skills, and judgment are substantially altered, and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians.
    2. It is unlawful and punishable as provided in this subchapter for any person to operate or be in actual physical control of a commercial motor vehicle if at the time there was four-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood as determined by a chemical test of the person's blood or breath or other body substances. For the purpose of this subchapter, there is no presumption, as there is found in § 5-65-206, that a person is not under the influence of an intoxicating substance if the person's blood alcohol concentration is five-hundredths of one percent (0.05%) or less.
    3. It shall be unlawful and punishable as provided in this subchapter for any person operating a commercial motor vehicle to leave the scene of an accident involving the commercial motor vehicle and resulting in any injury to or death of any person, in any damage to another vehicle, whether attended or unattended, or in any damage to any fixture legally upon the highway or adjacent to a highway. The person operating a commercial motor vehicle involved in any such accident shall be under a duty to stop his or her vehicle at the scene of the accident and render the same aid and give the same information as required by § 27-53-103.
    4. It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to use a commercial motor vehicle in the commission of a felony.
    5. It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to refuse to submit to a chemical test to determine the person's blood alcohol concentration while driving a commercial motor vehicle. A person driving a commercial motor vehicle requested to submit to such a chemical test shall be warned by the law enforcement officer that a refusal to submit to the test will result in that person's being disqualified from driving a commercial motor vehicle.
  1. Any person convicted of a violation of driving a commercial motor vehicle while intoxicated, driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more, leaving the scene of an accident involving a commercial motor vehicle driven by the person, or using a commercial motor vehicle in the commission of any felony shall be deemed guilty of a Class B misdemeanor and shall be disqualified from driving a commercial motor vehicle as specified in § 27-23-112.
    1. A law enforcement officer having reasonable cause to believe the person to have been driving a commercial motor vehicle while intoxicated or driving a commercial motor vehicle while the person's blood alcohol concentration was four-hundredths of one percent (0.04%) or more shall have the authority to administer or have administered a chemical test to determine the person's blood alcohol concentration. The chemical test authorized shall be identical to and under the same standards of the test given to persons under the Omnibus DWI or BWI Act, § 5-65-101 et seq.
      1. At the time of an arrest under subdivision (a)(1), subdivision (a)(2), or subdivision (a)(5) of this section, the law enforcement officer shall seize the driver's license of the arrested person as provided by § 5-65-402, and the office shall disqualify the driving privileges of the arrested person as provided by § 27-23-112 under the procedure in § 5-65-402.
      2. The arrested person shall have the same right to administrative and judicial review provided in § 5-65-402.
    1. Every magistrate or judge of a court shall keep a record of every violation of this section presented to the court and shall keep a record of every official action taken by the court.
    2. Within five (5) days after a person has been found guilty, or pleaded guilty or nolo contendere on a charge of violating any provision of this section, every magistrate of the court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract, which shall be certified as true and correct, of the record of the court covering the case where a person was found guilty, or pleaded guilty or nolo contendere.
    3. The abstract shall be made on a form furnished by the office and shall include all items that the office shall determine as necessary.
  2. Any violation of the offenses found in subsection (a) of this section and the penalties and suspensions imposed for those violations shall be cumulative and in addition to the penalties and suspensions for any other offense or violation under a similar Arkansas motor vehicle traffic or criminal law.
  3. Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303, the court shall order an assessment of the driver's degree of repeated alcohol abuse and shall order treatment for alcohol abuse as a condition of sentencing if appropriate.
  4. Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303, the court may order the driver to perform no less than thirty (30) days of community service in lieu of imprisonment for a second offense or no less than sixty (60) days of community service in lieu of imprisonment for a third or subsequent offense.
      1. It is unlawful for a person to knowingly apply for or to obtain a commercial driver license through a fraudulent application or other illegal method.
      2. It is unlawful to knowingly assist or permit any other person to apply for or to obtain a commercial driver license through a fraudulent application or other illegal method.
      3. It is unlawful to knowingly enter false test scores or false information on any application for a commercial driver license.
      1. A person who violates this subsection is guilty of an unclassified offense and may be fined an amount not to exceed five thousand dollars ($5,000) or imprisoned up to one (1) year in jail, or both.
      2. Any fine collected under this subsection shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund.

History. Acts 1989, No. 241, § 14; 1991, No. 643, § 2; 1999, No. 1077, §§ 5-7; 2003, No. 217, § 3; 2005, No. 76, § 2; 2005, No. 942, § 2; 2015, No. 299, § 35; 2017, No. 463, § 4.

Amendments. The 2015 amendment inserted “or BWI” in (c)(1).

The 2017 amendment substituted “five (5) days” for “thirty (30) days” in (d)(2).

27-23-115. Implied consent requirements for commercial motor vehicle drivers.

  1. A person who drives a commercial motor vehicle within this state shall be deemed to have given consent to take a test or tests of that person's blood, breath, saliva, or urine for the purpose of determining that person's blood alcohol concentration or the presence of other drugs.
    1. One (1) or more chemical tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or a controlled substance in his or her system.
    2. It is unlawful and punishable as provided in this chapter for any person so stopped or detained to refuse to submit to the chemical test or tests to determine that person's blood alcohol concentration or the presence of a controlled substance.
  2. A person requested to submit to a chemical test as provided in subsection (a) of this section shall be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person's being disqualified from operating a commercial motor vehicle under §§ 5-65-402 and 27-23-112.
  3. If the person is under arrest and refuses testing, no test shall be given, and the person's commercial driver license or commercial learner permit shall be seized by the law enforcement officer. The officer shall immediately deliver to the person whose license or permit was seized a temporary commercial driving permit as provided by § 5-65-402 and shall cite the person for his or her refusal to submit to the test.
  4. The arresting officer shall remit the seized commercial driver license or commercial learner's permit to the Office of Driver Services as provided by § 5-65-402.
  5. The office shall disqualify the person from operating a commercial motor vehicle for a period specified in § 27-23-112 under the procedure set forth in § 5-65-402, and the disqualified person shall have the same right to administrative and judicial review provided by § 5-65-402.

History. Acts 1989, No. 241, § 15; 1991, No. 643, § 3; 1999, No. 1077, § 8; 2013, No. 361, § 20; 2013, No. 758, § 17.

Amendments. The 2013 amendment by No. 361 inserted “saliva” in (a).

The 2013 amendment by No. 758, in (a), deleted “subject to the provisions of § 5-65-202” following “given consent” and inserted “saliva”; inserted the (b)(1) and (b)(2) designations; in (b)(1), substituted “One (1) or more chemical tests” for “A test or tests” and inserted “or a controlled substance”; in (b)(2), inserted “chemical” preceding “test” and substituted “a controlled substance” for “other drugs”; inserted “chemical” preceding “test” in (c); inserted “or commercial learner's permit” in (d) and (e); and inserted “or permit” preceding “was seized” in (d).

27-23-116. Notification of traffic convictions.

Within ten (10) days after receiving a report of the conviction of any nonresident holder of a driver license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Office of Driver Services shall notify the driver licensing authority in the licensing state of the conviction.

History. Acts 1989, No. 241, § 16; 1995, No. 921, § 8.

27-23-117. Driving record information to be furnished.

Notwithstanding any other provision of law to the contrary, the Office of Driver Services must furnish full information regarding the driving record of any person:

  1. To the driver license administrator of any other state, or province or territory of Canada, requesting that information;
  2. To any employer or prospective employer upon request and payment of a fee of ten dollars ($10.00);
  3. To others, authorized to receive the information pursuant to § 27-50-906, upon request and payment of a fee of eight dollars and fifty cents ($8.50).

History. Acts 1989, No. 241, § 17; 2019, No. 586, § 3.

Amendments. The 2019 amendment substituted “eight dollars and fifty cents ($8.50)” for “seven dollars ($7.00)” in (3).

27-23-118. Distribution of fees.

  1. The fee set out in § 27-23-110(a) shall be deposited as special revenues into the State Treasury and distributed as follows:
    1. Twenty dollars ($20.00) shall be deposited to the credit of the Revenue Division of the Department of Finance and Administration into the Commercial Driver License Fund;
    2. One dollar ($1.00) of the fee shall be distributed in the same manner as set out in § 27-16-801(g); and
    3. The remaining twenty dollars ($20.00) of the fee shall be distributed in the same manner as set out in § 27-16-801(d).
  2. The fee set out in § 27-23-117(2) shall be deposited as special revenues into the State Treasury and distributed as follows:
    1. Four dollars ($4.00) of the fee shall be deposited to the credit of the Revenue Division of the Department of Finance and Administration into the Commercial Driver License Fund; and
    2. The remaining six dollars ($6.00) of the fee shall be deposited to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.
  3. The fee set out in § 27-23-117(3) shall be deposited as special revenues into the State Treasury and distributed as follows:
    1. One dollar ($1.00) of the fee shall be deposited to the credit of the Revenue Division of the Department of Finance and Administration into the Commercial Driver License Fund;
    2. Six dollars ($6.00) of the fee shall be deposited to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.; and
    3. The remaining one dollar and fifty cents ($1.50) of the fee shall be deposited to the credit of the Division of Arkansas State Police Fund.
  4. All fines, forfeitures, and penalties levied by any court for all offenses committed under this chapter shall be collected by the clerk of the court and remitted to the Revenue Division of the Department of Finance and Administration. They shall then be deposited as special revenues into the State Treasury to the credit of the Revenue Division of the Department of Finance and Administration in the Commercial Driver License Fund.

History. Acts 1989, No. 241, § 18; 1991, No. 1042, § 2; 2015, No. 702, § 1; 2019, No. 586, § 4.

Amendments. The 2015 amendment substituted “27-23-117(2)” for “27-23-117(b)” in the introductory language of (b); rewrote (b)(1) and (b)(2); and rewrote (c).

The 2019 amendment substituted “Six dollars ($6.00)” for “The remaining six dollars ($6.00)” in (c)(2); and added (c)(3).

Effective Dates. Acts 2015, No. 702, § 7: Jan. 1, 2016.

27-23-119. Exemption regulations.

In the event that it shall be determined by federal regulation that certain classes of drivers shall be exempt from the application of the Commercial Motor Vehicle Safety Act of 1986, Pub. L. No. 99-570, Title XII, the State Highway Commission shall have the authority to and shall promulgate rules to exempt those certain classes of drivers from the application of this subchapter.

History. Acts 1989, No. 241, § 19; 2015, No. 1158, § 6; 2019, No. 315, § 3131.

A.C.R.C. Notes. The Commercial Motor Vehicle Safety Act of 1986, which was codified at 49 U.S.C. §§ 2701 et seq., has been repealed. For similar provisions, see 49 U.S.C. §§ 31100 et seq.

Amendments. The 2015 amendment deleted “(CMVSA)” following “1986.”

The 2019 amendment deleted “and regulations” following “rules”.

U.S. Code. The Commercial Motor Vehicle Safety Act of 1986, referred to in this section, is codified as 49 U.S.C. § 521.

27-23-120. Rulemaking authority.

The Office of Driver Services and the Division of Arkansas State Police shall have the authority to adopt rules after consulting with, and with the concurrence of, the State Highway Commission and the Arkansas Highway Police Division of the Arkansas Department of Transportation, necessary to carry out the provisions of this subchapter.

History. Acts 1989, No. 241, § 20; 2017, No. 707, § 326; 2019, No. 315, § 3132.

Amendments. The 2017 amendment inserted “Division” following “Police”, and substituted “Department of Transportation” for “State Highway and Transportation Department”.

The 2019 amendment deleted “and regulations” following “rules”.

27-23-121. Authority to enter agreement.

The Office of Driver Services and the Department of Arkansas State Police shall have the authority to enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this subchapter.

History. Acts 1989, No. 241, § 21.

27-23-122. Enforcement.

The enforcement personnel of the State Highway Commission, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and any certified law enforcement officer shall have the authority to enforce the provisions of this subchapter.

History. Acts 1989, No. 241, § 22; 2017, No. 707, § 327.

Amendments. The 2017 amendment inserted “Division” following “Police”, and substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-23-123. Reciprocity.

Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver license issued by any state or province or territory of Canada, in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the person is not suspended, revoked, cancelled, or disqualified from driving a commercial motor vehicle, or subject to an out-of-service order.

History. Acts 1989, No. 241, § 23.

27-23-124. Commercial Driver License Fund.

  1. There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a fund to be known as the “Commercial Driver License Fund” of the Revenue Division of the Department of Finance and Administration. The Commercial Driver License Fund shall consist of special revenues as set out in § 27-23-118, to be used to establish and maintain the Arkansas Commercial Driver License Program, and for other related purposes as required by the Secretary of the Department of Finance and Administration in carrying out the functions, powers, and duties of the division.
  2. On July 1, 1989, a loan to the Commercial Driver License Fund shall be made from the Budget Stabilization Trust Fund, in an amount or amounts to be determined by the Chief Fiscal Officer of the State, for the purpose of establishing the Arkansas Commercial Driver License Program. Loans to the Commercial Driver License Fund during the fiscal year ending June 30, 1990, shall be repaid to the Budget Stabilization Trust Fund on or before June 30, 1991. Provided, further loans to the Commercial Driver License Fund from the Budget Stabilization Trust Fund may be made after July 1, 1989. However, the loans made after July 1, 1990, must be repaid on or before the fiscal year in which the loans were made.

History. Acts 1989, No. 241, § 24; 2019, No. 910, § 4703.

A.C.R.C. Notes. Acts 2015, No. 924, § 16, provided:

“COMMERCIAL DRIVER LICENSE FUND TRANSFER. The Chief Fiscal Officer of the State shall at each end of the fiscal year cause to be transferred into the State Central Services Fund the excess of the Commercial Driver License Fund funds over an amount equal to the three (3) most recent fiscal year budgets of the Commercial Driver License Fund to defray state support for related purposes, including but not limited to personal services and operating expenses, as required to carry out the functions, powers and duties of the Revenue Division of the Department of Finance and Administration pursuant to A.C.A. 19-6-459 and 27-23-124.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-23-125. Suspension of commercial driver license for delinquent child support.

All types of commercial driver licenses shall be subject to suspension for nonpayment of child support under § 9-14-239.

History. Acts 1993, No. 1241, § 1; 1995, No. 1184, § 23; 1997, No. 1296, §§ 39, 40; 2001, No. 1248, § 15.

27-23-126. Notification of out-of-service order.

The law enforcement officer issuing an out-of-service order to a commercial motor vehicle driver pursuant to § 27-23-113 or compatible law shall within thirty (30) days report the issuance to the Office of Driver Services.

History. Acts 1995, No. 921, § 6.

27-23-127. Disqualification of noncommercial driver license holder.

  1. The provisions of §§ 27-23-112 — 27-23-114 shall apply equally to drivers of a commercial motor vehicle who have not been issued a commercial driver license. Any person convicted of any of the listed offenses shall be prohibited from obtaining a commercial driver license during the disqualification period or periods provided in § 27-23-112.
  2. The disqualification of a noncommercial driver license driver pursuant to this section shall be recorded and reported by the Office of Driver Services in the same manner as a disqualification of a driver holding a commercial driver license.

History. Acts 1995, No. 921, § 7.

27-23-128. Deferment of sentence — Restrictions.

No circuit or district court judge may utilize § 5-4-321, § 16-90-115, § 16-90-904, §§ 16-93-30116-93-303, § 16-93-314, or § 27-50-701 or any other program to defer imposition of sentence or enter the person into a diversion program in instances in which the person holds a commercial driver license or a commercial learner's permit and is charged with violating any state or local traffic law other than a parking violation.

History. Acts 2003, No. 842, § 7; 2005, No. 1934, § 19; 2009, No. 456, § 11; 2011, No. 570, § 129; 2013, No. 758, § 18.

A.C.R.C. Notes. Acts 2011, No. 570, § 1, provided: “Legislative intent. The intent of this act is to implement comprehensive measures designed to reduce recidivism, hold offenders accountable, and contain correction costs.”

Amendments. The 2009 amendment inserted “or § 27-50-701” and made minor stylistic changes.

The 2011 amendment deleted “§ 5-4-311” following “utilize” and inserted “§ 16-93-314.”

The 2013 amendment rewrote the section.

27-23-129. Medical certification required — Downgrade of license for noncompliance — Denial or disqualification of license for fraud.

    1. An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013.
    2. Upon approval of the application, the office shall post a certification status of “certified” on the commercial driver license record for the driver applicant or driver.
  1. Before issuing a commercial driver license to a person who certifies as nonexcepted interstate or nonexcepted intrastate and has a valid commercial driver license from another state, the office shall:
    1. Verify from the commercial driver license record that the medical certification status of the driver is “certified”; or
      1. Obtain from the driver an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013.
      2. Upon approval of the transfer, the office shall post a certification status of “certified” on the commercial driver license record for the driver.
    1. Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license shall certify to the office that the driver is one of the following types of drivers:
      1. Nonexcepted interstate;
      2. Excepted interstate;
      3. Nonexcepted intrastate; or
      4. Excepted intrastate.
    2. The office shall post to the commercial driver license record the driver's certification.
    3. Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license that certifies as nonexcepted interstate or nonexcepted intrastate shall provide the office with an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013, and the office shall post a certification status of “certified” on the commercial driver license record for the driver.
    1. To maintain a medical certification status of “certified”, a commercial driver license holder or a commercial learner's permit holder shall provide the office with an unexpired original or a copy of each subsequently issued medical examiner's certificate.
    2. If a driver's medical certification or medical variance expires or if the Federal Motor Carrier Safety Administration notifies the office that a medical variance was removed or rescinded, the office shall:
      1. Post a certification status of “not certified” in the commercial driver license or commercial learner's permit record for the driver;
      2. Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and
      3. Notify the driver in writing that:
        1. The driver has a “not certified” medical-certification status; and
        2. The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.
    3. Beginning January 30, 2014, if a holder of a commercial driver license fails to provide the office with the certification required under subsection (c) of this section, the office shall:
      1. Post a certification status of “not certified” in the commercial driver license record for the driver;
      2. Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and
      3. Notify the driver in writing that:
        1. The driver has a “not certified” medical certification status; and
        2. The commercial driver license privilege will be downgraded unless the driver submits:
          1. The certification required by subsection (c) of this section; and
          2. A current medical certificate or medical variance, if applicable.
    4. Beginning January 30, 2014, if a holder of a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate fails to provide the office with a current medical examiner's certificate, the office shall:
      1. Post a certification status of “not certified” in the commercial driver license record for the driver;
      2. Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and
      3. Notify the driver in writing that:
        1. The driver has a “not certified” medical certification status; and
        2. The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.
  2. For each current medical examiner certificate received from a driver, the office shall:
    1. Date-stamp the medical examiner's certificate;
    2. Retain the original or a copy of the medical certificate of a driver for three (3) years beyond the date the certificate was issued; and
    3. Post the information from the medical examiner's certificate within ten (10) calendar days to the commercial driver license record, including:
      1. The medical examiner's name;
      2. The medical examiner's telephone number;
      3. The date of the medical examiner's certificate issuance;
      4. The medical examiner's license number and the state of issuance;
      5. The medical examiner's National Registry identification number if required by the National Registry of Medical Examiners, mandated by § 49 U.S.C. § 31149(d), as in effect on January 1, 2013;
      6. An indicator of medical certification status, that is, “certified” or “not certified”;
      7. The expiration date of the medical examiner's certificate;
      8. The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision;
      9. Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and
      10. The date the medical examiner's certificate information was posted to the commercial driver license record.
  3. The office, within ten (10) calendar days of a driver's medical certification status expiring or a driver's medical variance expiring or being rescinded, shall update the medical certification status of the driver as “not certified”.
  4. The office, within ten (10) calendar days of receiving information from the administration regarding issuance or renewal of a medical variance for a driver, shall update the commercial driver license record to include the medical variance information provided by the administration.
    1. If the office determines in its check of an applicant's license status and record before issuing a commercial driver license or commercial learner's permit that the applicant falsified information or a document required by this section, under 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall:
      1. Deny the person's pending application for a commercial driver license or commercial learner's permit; and
      2. Refuse to grant an application for a commercial driver license or commercial learner's permit for a period of one (1) year.
    2. If the office determines at any time after a commercial driver license or commercial learner's permit is issued that the driver falsified information or a document required by this section, by 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall disqualify the driver's commercial driver license or commercial learner's permit for a period of one (1) year.

History. Acts 2011, No. 352, § 7; 2013, No. 758, § 19.

A.C.R.C. Notes. The National Registry of Medical Examiners, referenced in (e)(3)(E), was replaced in 2014 by the National Registry of Certified Medical Examiners. See generally 49 C.F.R. § 390.101.

Amendments. The 2013 amendment deleted “Beginning January 30, 2012,” at the beginning of (a)(1), (b), (d)(2), (f), and (g); inserted “or commercial learner's license” throughout the section; substituted “January 1, 2011” for “January 1, 2013” in (a)(1), (b)(2)(A), and (c)(3); inserted “driver applicant or” in (a)(2); substituted “or a commercial learner's permit holder shall” for “must” in (d)(1); deleted “Certified” preceding “Medical Examiners” in (e)(3)(E); and rewrote (h).

27-23-130. Prohibition against texting — Definition.

    1. For purposes of this section, “driving” means operating a commercial motor vehicle with the motor running, including while temporarily stationary because of traffic, a traffic control device, or another momentary delay.
    2. For purposes of this section, “driving” does not include operating a commercial motor vehicle with or without the motor running when the driver moves the vehicle to the side of, or off, a highway, as defined in 49 C.F.R. § 390.5, as in effect on January 1, 2011, and halts in a location in which the vehicle can safely remain stationary.
    1. A driver of a commercial motor vehicle shall not engage in texting while driving.
    2. However, texting while driving is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service.
  1. A motor carrier shall not allow or require the motor carrier's drivers to engage in texting while driving.
  2. A person who is convicted of violating this section shall be:
    1. Guilty of a violation; and
    2. Fined not less than twenty-five dollars ($25.00).

History. Acts 2011, No. 352, § 7; 2013, No. 758, § 20; 2019, No. 738, § 2.

Amendments. The 2013 amendment substituted “who is convicted” for “who pleads guilty or nolo contendere to or is found guilty” in (d).

The 2019 amendment rewrote (d).

27-23-131. Prohibition against use of hand-held mobile telephone while driving commercial motor vehicle.

    1. For purposes of this section, “driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.
    2. For purposes of this section, “driving” does not include operating a commercial motor vehicle if the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
    1. A driver shall not use a hand-held mobile telephone while driving a commercial motor vehicle.
    2. However, use of a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service.
  1. A motor carrier shall not allow or require a driver to use a hand-held mobile telephone while driving a commercial motor vehicle.
  2. A person who is convicted of violating this section is guilty of a violation.

History. Acts 2013, No. 758, § 21.

Subchapter 2 — Commercial Driver Alcohol and Drug Testing Act

A.C.R.C. Notes. Acts 2007, No. 637, § 2, provided:

“Except for the penalty levied under § 27-23-209(a) of this act, this act shall apply to alcohol and drug testing beginning on January 1, 2008.”

27-23-201. Title.

This subchapter is known and may be cited as the “Commercial Driver Alcohol and Drug Testing Act”.

History. Acts 2007, No. 637, § 1.

27-23-202. Definitions.

  1. As used in this subchapter:
        1. “Consortium/third-party administrator” means a service agent that provides or coordinates the provision of drug and alcohol testing services to employers that are required to comply with the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.
        2. A consortium/third-party administrator performs tasks concerning the operation of an employer's drug and alcohol testing programs.
      1. “Consortium/third-party administrator” includes without limitation, groups of employers who join together to administer, as a single entity, the drug and alcohol testing programs of its members that are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.
      2. A consortium/third-party administrator is not an “employer” for purposes of this subchapter;
      1. “Employee” means a person who is a holder of an Arkansas commercial driver license and is subject to drug and alcohol tests under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.
      2. “Employee” includes an individual currently performing safety-sensitive transportation jobs and an applicant for employment in safety-sensitive transportation jobs subject to preemployment testing; and
      1. “Employer” means an Arkansas person or entity employing one (1) or more employees subject to the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.
      2. “Employer” includes:
        1. An individual who holds an Arkansas commercial driver license who is self-employed in a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009; and
        2. An Arkansas employer's officer, representative, or management personnel.
  2. Except as provided in this subchapter, the definition under 49 C.F.R. § 40.3, as in effect on January 1, 2009, applies to a term that is used in this subchapter if that term is defined under 49 C.F.R. § 40.3, as in effect on January 1, 2009.

History. Acts 2007, No. 637, § 1; 2009, No. 456, § 12.

Amendments. The 2009 amendment rewrote the section.

27-23-203. Applicability — Exemptions.

  1. This subchapter applies to:
    1. An Arkansas employer who is required to comply with the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009;
    2. An employee who holds an Arkansas commercial driver license and who either:
      1. Is employed by an Arkansas employer in a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009; or
      2. Has submitted an application for employment with an Arkansas employer for a safety-sensitive transportation job for which drug and alcohol tests are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009; and
    3. A consortium/third-party administrator that provides or coordinates the provision of drug and alcohol testing services to Arkansas employers that are required under the Federal Motor Carrier Safety Regulations, 49 C.F.R. pts. 350-399, as in effect on January 1, 2009.
  2. This subchapter does not apply to an individual who is exempt from holding a commercial driver license notwithstanding whether the individual holds a commercial driver license.

History. Acts 2007, No. 637, § 1; 2009, No. 456, § 13.

Amendments. The 2009 amendment, in (a), substituted “2009” for “2007” in three places, inserted “49 C.F.R. pts. 350-399” in (a)(1) and (a)(2)(B), rewrote (a)(3).

27-23-204. Testing.

An Arkansas employer shall test an employee for alcohol and drugs if this subchapter applies to both the Arkansas employer and employee under § 27-23-203(a)(1) and (2).

History. Acts 2007, No. 637, § 1; 2009, No. 456, § 14.

Amendments. The 2009 amendment inserted “Arkansas” twice and made minor stylistic changes.

27-23-205. Reporting test results.

  1. An Arkansas employer shall report to the Office of Driver Services within three (3) business days the results of an alcohol screening test that is performed on an employee who holds an Arkansas commercial driver license if:
    1. The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and
    2. One (1) of the following occurs regarding the alcohol screening test:
      1. A valid positive result; or
      2. The refusal to provide a specimen for an alcohol screening test.
  2. An Arkansas employer shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an employee who holds an Arkansas commercial driver license:
    1. A valid positive result on a drug test for any of the following drugs:
      1. Marijuana metabolites;
      2. Cocaine metabolites;
      3. Amphetamines;
      4. Opiate metabolites; or
      5. Phencyclidine;
    2. The refusal to provide a specimen for a drug test; or
    3. The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.
  3. A consortium/third-party administrator shall report to the office within three (3) business days the results of an alcohol screening test that is performed on an Arkansas employer or employee who holds an Arkansas commercial driver license if:
    1. The alcohol screening test is performed pursuant to 49 C.F.R. § 382.303 or § 382.305, as in effect on January 1, 2009; and
    2. One (1) of the following occurs regarding the alcohol screening test:
      1. A valid positive result; or
      2. The refusal to provide a specimen for an alcohol screening test.
  4. A consortium/third-party administrator shall report within three (3) business days to the office any of the following occurrences regarding a drug test result of an Arkansas employer or employee who holds an Arkansas commercial driver license:
    1. A valid positive result on a drug test for any of the following drugs:
      1. Marijuana metabolites;
      2. Cocaine metabolites;
      3. Amphetamines;
      4. Opiate metabolites; or
      5. Phencyclidine;
    2. The refusal to provide a specimen for a drug test; or
    3. The submission of an adulterated specimen, a dilute positive specimen, or a substituted specimen on a drug test performed.

History. Acts 2007, No. 637, § 1; 2009, No. 456, § 15.

Amendments. The 2009 amendment inserted “an Arkansas” preceding “commercial driver license” in (a) and (b); substituted “2009” for “2007” in (a)(1); substituted “An Arkansas employer” for “A medical review officer” in (b); added (c) and (d); and made related changes.

27-23-206. Maintenance of information — Confidentiality.

  1. The Office of Driver Services shall maintain the information provided under this section in a database to be known as the “Commercial Driver Alcohol and Drug Testing Database” for at least three (3) years.
  2. Notwithstanding any other provision of law to the contrary, personally identifying information of employees in the database is confidential and shall be released by the office only as provided under § 27-23-207.
  3. The use of one (1) report generated from the database to establish noncompliance for the imposition of a penalty under § 27-23-209 shall not subject the contents of the entire database to disclosure.

History. Acts 2007, No. 637, § 1.

27-23-207. Use of database by employers.

  1. An Arkansas employer shall submit a request for information from the Commercial Driver Alcohol and Drug Testing Database for each employee who is subject to drug and alcohol testing under this subchapter.
  2. The request for information shall be submitted to the Office of Driver Services by the Arkansas employer with an authorization that is signed by the employee.
      1. The fee for the request for information is a nominal fee not to exceed one dollar ($1.00) per employee per request.
      2. The office shall determine the amount of the fee.
      3. The office shall set the fee before implementation by rule.
    1. The fee shall be assessed to and paid by the Arkansas employer requesting the information.
  3. The Arkansas employer shall maintain a record of the report from the database that results from the request for information submitted under this section for at least three (3) years.

History. Acts 2007, No. 637, § 1; 2009, No. 456, § 16.

Amendments. The 2009 amendment inserted “Arkansas” in four places; and made a minor stylistic change.

27-23-208. Use of database by an employee.

  1. An employee who holds a commercial driver license may submit a request for information from the Commercial Driver Alcohol and Drug Testing Database for his or her report.
  2. The request for information shall be submitted with a signed authorization to the Office of Driver Services by the employee who holds a commercial driver's license.
    1. The fee for the request for information is one dollar ($1.00) per request.
    2. The fee shall be submitted with the signed authorization.

History. Acts 2007, No. 637, § 1.

27-23-209. Penalties.

    1. The penalty for an Arkansas employer who knowingly fails to check the Commercial Driver Alcohol and Drug Testing Database as required under this subchapter is one thousand dollars ($1,000).
    2. The penalty described in subdivision (a)(1) of this section shall be assessed beginning July 1, 2008.
    1. Except as provided under subdivision (b)(2) of this section, the penalty for an Arkansas employer who knowingly hires an employee with a record of a positive alcohol or drug test in the database is five thousand dollars ($5,000).
    2. This subsection does not apply to an employee who has completed a treatment program or an education program prescribed by a substance abuse professional and who has been found eligible to return to duty by the employer as provided under 49 C.F.R. §§ 40.281 — 40.313, as in effect on January 1, 2009.
  1. The penalty for an Arkansas employer who knowingly fails to report an occurrence regarding an alcohol or drug screening test as required under § 27-23-205(a) or § 27-23-205(b) is five hundred dollars ($500).
    1. The penalty for a consortium/third-party administrator who knowingly fails to report an occurrence regarding a drug or alcohol test result as required under § 27-23-205(c) or § 27-23-205(d) is five hundred dollars ($500).
    2. If the consortium/third-party administrator is out of state, the penalty under subdivision (d)(1) of this section shall be extended to the Arkansas employer that contracted with the consortium/third-party administrator.
  2. The penalties under this section do not apply to the State of Arkansas, an agency of the state, or a political subdivision of the state.
  3. Moneys collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund.

History. Acts 2007, No. 637, § 1; 2009, No. 456, § 17.

Amendments. The 2009 amendment inserted “Arkansas” in four places; substituted “2009” for “2007” in (b)(2); inserted “or drug” and “or § 27-23-205(b)” in (c); in (d), substituted “consortium/third-party administrator” for “medical review officer” in three places, and substituted “§ 27-23-205(c) or (d)” for “§ 27-23-205(b)” in (d)(1); and made minor stylistic changes.

27-23-210. Miscellaneous authority — Rules.

  1. The Office of Driver Services shall pursue grants available through the Department of Transportation or other entity to assist with the cost of this program.
  2. The office may:
    1. Adopt rules to administer this subchapter;
    2. Receive and expend any moneys arising from grants, contributions, or reimbursements from the Department of Transportation or other entity for performing its duties under this subchapter; and
    3. Contract with a third party to administer the Commercial Driver Alcohol and Drug Testing Database.

History. Acts 2007, No. 637, § 1.

27-23-211. Immunity from civil liability.

The state or any entity required to perform duties under this subchapter shall be immune from civil liability for performing the duties required under this subchapter.

History. Acts 2007, No. 637, § 1.

Chapter 24 Special License Plate Act of 2005

Subchapter 1 — General Provisions

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-101. Title.

This chapter shall be known and may be cited as the “Special License Plate Act of 2005”.

History. Acts 2005, No. 2202, § 1.

27-24-102. Purpose.

The purpose of this chapter is to:

  1. Implement a special license plate law that transfers the authority for approving special license plates to the Secretary of the Department of Finance and Administration;
  2. Continue the special license plates that existed before April 13, 2005; and
  3. Authorize the Department of Finance and Administration to administratively reissue each type of special license plate continued under this chapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4704.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (1).

27-24-103. Definitions.

As used in this chapter:

    1. “Motor vehicle” means a self-propelled vehicle that is classified as:
      1. A Class One, Class Two, or Class Three pleasure vehicle under § 27-14-601(a)(1); or
      2. A Class One truck under § 27-14-601(a)(3)(A).
    2. “Motor vehicle” shall only include the classes and types of vehicles stated in subdivision (1)(A) of this section as defined under § 27-14-601; and
  1. “Special license plate” means a license plate authorized under this chapter for use on a motor vehicle.

History. Acts 2005, No. 2202, § 1.

27-24-104. Reissuance.

  1. Every special license plate continued under this chapter shall be discontinued on April 7, 2007, unless an application that meets the criteria for issuance of the special license plate under the appropriate subchapter governing that type of plate is submitted and approved by the Secretary of the Department of Finance and Administration at least ninety (90) days prior to April 1, 2007.
  2. The secretary shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the duties of the Department of Finance and Administration under this chapter, including, but not limited to:
    1. Rules regarding the disposal of old design special license plates;
    2. The fee for the design-use contribution, which shall be based on the cost of initial orders of new designs for special license plates; and
    3. The number of applications that must be received in lieu of the payment of the design-use contribution fee to cover the cost of the initial orders of new designs for special license plates.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4705, 4706.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in the introductory language of (b).

27-24-105. Design.

  1. Unless otherwise provided in this chapter, the Secretary of the Department of Finance and Administration shall have the exclusive power to design or approve the design used on a special license plate authorized under this chapter.
  2. A special license plate created and issued under this chapter after April 13, 2005, shall be designed to allow adequate space for the placement of the number and letter characters so that law enforcement officers can readily identify the characters.
    1. A special license plate decal created and issued under this chapter after April 13, 2005, shall be placed across the bottom of the license plate in lieu of the legend “The Natural State” or any succeeding legend.
    2. A special license plate decal created and issued under this chapter shall be permanent.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4707.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-24-106. Change of design.

If the Department of Finance and Administration issues a special license plate under this subchapter and the entity requests a change of design, then the entity shall remit to the department an additional fee to cover the cost of the initial order of the newly designed special license plate that is a result of the change of design.

History. Acts 2005, No. 2202, § 1.

27-24-107. Appeals.

An appeal from a decision of the Secretary of the Department of Finance and Administration under this chapter shall be governed by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4708.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-108. Compliance with other laws.

Unless otherwise provided in this chapter, the issuance and renewal of special license plates under this chapter shall comply with all other laws and rules regarding the licensing and registration of motor vehicles.

History. Acts 2005, No. 2202, § 1.

27-24-109. Penalty.

  1. Except as otherwise provided in this chapter, it is unlawful for a person to:
    1. Evade or violate a provision of this chapter;
    2. Attempt to secure benefits under this chapter to which he or she is not entitled; or
    3. Obtain or use a special license plate issued under this chapter to which he or she is not entitled.
    1. A person who pleads guilty to, nolo contendere to, or is found guilty of a violation under subsection (a) of this section is guilty of a Class C misdemeanor.
    2. In addition to all other penalties authorized by this subsection, the court may sentence a person to make restitution to the Department of Finance and Administration for the normal license fee for license plates that are lawfully issued under the Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq.

History. Acts 2005, No. 2202, § 1.

27-24-110. Local fees prohibited.

A political subdivision of the State of Arkansas shall not levy a fee for the privilege of operating a motor vehicle on the roads, streets, or alleys within the political subdivision for motor vehicles that are licensed under this chapter.

History. Acts 2005, No. 2202, § 1.

27-24-111. Limitation on types of special license plates.

  1. The types of special license plates issued under this chapter by the Department of Finance and Administration is limited to the total types of special license plates in existence on January 1, 2014.
  2. A new type of special license plate may be created and issued under this chapter only if an existing type of special license plate is:
    1. Repealed; or
    2. Discontinued as authorized under § 27-24-1003.

History. Acts 2013, No. 1355, § 1; 2019, No. 578, § 1.

Amendments. The 2019 amendment deleted “a law authorizing” preceding “an existing type” in (b); added the (b)(1) designation; and added (b)(2).

Subchapter 2 — Military Service and Veterans

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 109, § 5: Feb. 14, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that due to conflicting laws from the 2005 Regular Session of the 85th General Assembly, persons who were eligible for the special Operation Iraqi Freedom Veteran license plate were charged a fee and other special license plate holders who were veterans were not charged a fee; that this was a mistake that must be corrected; and that this act is immediately necessary to ensure similar treatment of all veterans to prevent unequal treatment of all veterans regarding special license plates. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 473, § 2: Jan. 1, 2014.

Acts 2013, No. 495, § 3: Jan. 1, 2014.

Acts 2013, No. 619, § 2: Jan. 1, 2014.

Acts 2013, No. 991, § 4: Jan. 1, 2014.

Acts 2013, No. 1069, § 2: Jan. 1, 2014.

Acts 2013, No. 1292, § 4: Jan. 1, 2014.

Acts 2013, No. 1407, § 2: Jan. 1, 2014.

Acts 2017, No. 965, § 2: Nov. 13, 2017.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-201. Purpose.

The purpose of this subchapter is to continue military service and veterans special license plates that existed before April 13, 2005, and to transfer the authority to the Department of Finance and Administration to issue additional military service and veterans special license plates.

History. Acts 2005, No. 2202, § 1.

27-24-202. Legislative findings.

It is found and determined by the General Assembly of the State of Arkansas that the men and women who have served our country and risked their lives to secure our freedom should be honored by the issuance of free special license plates as provided under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-203. Definitions.

As used in this chapter:

  1. “Aid and attendance” means veterans benefits paid to a veteran who because of physical disability cannot take care of himself or herself and must be assisted by another person;
  2. “Disabled veteran” means an American veteran who:
    1. Is a citizen and resident of the State of Arkansas; and
    2. Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran who either:
      1. Is totally and permanently disabled and:
        1. Is the owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or
        2. Is issued a motor vehicle by the United States Department of Veterans Affairs under any public law; or
      2. Meets the following criteria:
        1. Is at least thirty percent (30%) disabled; and
        2. Is the owner of a motor vehicle that is used by or for the disabled veteran;
  3. “Disabled veteran — nonservice injury” means any American veteran who:
    1. Is a citizen and resident of the State of Arkansas;
    2. Uses a wheelchair as a result of a nonservice-connected catastrophic injury;
    3. Receives aid and attendance by the United States Department of Veterans Affairs; and
    4. Is either:
      1. The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or
      2. Furnished a motor vehicle by the United States Department of Veterans Affairs;
  4. “Disabled veteran — World War I” means a World War I veteran who:
    1. Received a disabling injury while serving in the United States Armed Forces during World War I; and
    2. Is either:
      1. The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or
      2. Furnished a motor vehicle by the United States Department of Veterans Affairs;
    1. “Merchant Marine” means a person who establishes that he or she:
      1. Served in the United States Merchant Marine during the period of October 1, 1940, through December 31, 1945; and
      2. Is qualified to receive all applicable veterans benefits.
    2. A person shall establish that he or she was a Merchant Marine under this subchapter by presenting a copy of the certificate of release or DD Form 214 with his or her application;
  5. “Retired member of the armed forces” means a person who presents proof of retirement in the form of retirement orders issued by one (1) of the following services of the United States Armed Forces:
    1. The United States Army;
    2. The United States Navy;
    3. The United States Marine Corps;
    4. The United States Air Force;
    5. The United States Coast Guard;
    6. The Army National Guard;
    7. The Air National Guard; or
    8. The reserve components of the United States Armed Forces;
  6. “Vietnam Era Veteran” means a veteran who can establish active-duty service during the time of the Vietnam War by presenting his or her military service discharge record in the form of the certificate of release or DD Form 214; and
  7. “Vietnam Veteran” means a veteran who can establish that he or she received the Vietnam Service Medal by presenting his or her military service discharge record in the form of the certificate of release or DD Form 214.

History. Acts 2005, No. 2202, § 1; 2009, No. 632, § 1; 2013, No. 495, § 1; 2013, No. 1292, §§ 2, 3; 2015, No. 703, §§ 1, 2.

Amendments. The 2009 amendment added (6), and made related changes.

The 2013 amendment by No. 495 added the definitions for “Vietnam Era Veteran” and “Vietnam Veteran.”

The 2013 amendment by No. 1292 inserted the definition for “Disabled American Veterans” and redesignated the remaining subdivisions accordingly; and rewrote the definition for “disabled veteran.”

The 2015 amendment repealed former (2); deleted former (3)(B)(ii) (b) ; and redesignated former (3)(B)(ii) (c) as (3)(B)(ii) (b) [now (2)(B)(ii) (b)

27-24-204. Military and veteran special license plates and decals generally.

  1. The following special license plates or license plates with permanent decals for members and veterans of the United States Armed Forces and similar entities that were in existence or authorized by enactment on or before April 13, 2005, shall continue to be issued by the Secretary of the Department of Finance and Administration to an eligible applicant:
    1. Disabled Veteran;
    2. Disabled Veteran — World War I;
    3. Disabled Veteran — Nonservice injury;
    4. Medal of Honor Recipient;
    5. Ex-Prisoner of War;
    6. Military Reserve;
    7. Pearl Harbor Survivor;
    8. Merchant Marine;
    9. World War II Veteran;
    10. Korean War Veteran;
    11. Vietnam Veteran;
    12. Persian Gulf Veteran;
    13. Armed Forces Veteran;
    14. Distinguished Flying Cross;
    15. Operation Iraqi Freedom Veteran; and
    16. Operation Enduring Freedom Veteran.
  2. Beginning January 1, 2014, the secretary shall create and issue a permanent decal for a Vietnam Era Veteran consistent with § 27-24-209 to an eligible applicant.
    1. The Purple Heart Recipient special license plate that existed before April 13, 2005, shall continue to be issued by the secretary to an eligible applicant.
    2. However, on the Purple Heart Recipient special license plates issued after April 13, 2005, the words “Purple Heart — Combat Wounded” shall appear.
  3. The secretary shall promulgate rules and forms to ensure that an owner of a motor vehicle who is issued a special license plate under this subchapter:
    1. Is eligible to be issued the particular special license plate based on his or her:
      1. Status as a disabled veteran or veteran of a foreign war;
      2. Status of being the recipient of a military honor;
      3. Status of being an ex-prisoner of war; or
      4. Past or present military service; and
    2. Either:
      1. Has an honorable record of military service; or
      2. Was honorably discharged from military service.

History. Acts 2005, No. 2202, § 1; 2007, No. 109, § 1; 2013, No. 495, § 2; 2019, No. 910, §§ 4709-4712.

Amendments. The 2013 amendment rewrote the section catchline; inserted (b), and redesignated the remaining subsections accordingly; and inserted “Either” in present (d)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (a); and substituted “secretary” for “director” throughout the section.

27-24-205. Additional special license plates.

The Secretary of the Department of Finance and Administration shall examine the following factors to determine whether to create and issue additional special license plates under this subchapter:

  1. Whether an application for the creation of an additional special license plate under this subchapter has been filed by either:
    1. The Adjutant General of the State of Arkansas for a special license plate related to members of the National Guard and reserve components of the armed forces; or
    2. The Secretary of the Department of Veterans Affairs for a special license plate related to veterans or any other branch of the United States Armed Forces; and
  2. Whether there has been a recent armed conflict or war in which members of the United States Armed Forces, the National Guard, or the reserve components of the armed services have served.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 6337.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language; substituted “Adjutant General of the State of Arkansas” for “Adjutant General for the State of Arkansas” in (1)(A); substituted “Secretary of the Department of Veterans Affairs” for “Director of the Department of Veterans Affairs” in (1)(B); and substituted “United States Armed Forces” for “armed forces of the United States” in (1)(B).

27-24-206. Fees and limitations.

    1. Except as provided in subdivisions (a)(2) and (b)(2) of this section and in § 27-24-213, special license plates created and issued under this subchapter shall be free of charge to an eligible applicant.
    2. To defray the cost of the issuance and renewal of the first special license plate under this subchapter, the Secretary of the Department of Finance and Administration may charge an annual fee for renewal not to exceed one dollar ($1.00).
    1. Except as provided in subsections (c) and (e) of this section, a person who is eligible to receive a special license plate under this chapter shall be limited to two (2) special license plates under this subchapter.
    2. Except as provided in subsection (c) of this section, a second special license plate under this section shall be issued upon payment of the fee for registering and licensing a motor vehicle under § 27-14-601.
  1. An eligible applicant for the issuance or renewal of any of the following special license plates may obtain one (1) additional special license plate under this subchapter upon payment of a fee not to exceed one dollar ($1.00):
    1. Pearl Harbor Survivor;
    2. Medal of Honor Recipient;
    3. Disabled Veteran;
    4. Disabled Veteran — World War I;
    5. Purple Heart Recipient; or
    6. A retired member of the United States Armed Forces under § 27-24-210.
    1. Notwithstanding any law to the contrary, a fee shall not be charged for issuance and renewal of an ex-prisoner of war special license plate.
    2. An eligible applicant for the issuance or renewal of an ex-prisoner of war special license plate may obtain one (1) additional special license plate under this subchapter at no additional charge.
  2. An eligible applicant for the issuance or renewal of a military or veteran special license plate under this subchapter may elect to receive a standard Arkansas license plate instead of a military or veteran special license plate upon payment of one dollar ($1.00).

History. Acts 2005, No. 2202, § 1; 2007, No. 101, § 1; 2007, No. 148, § 1; 2007, No. 239, § 1; 2009, No. 483, § 3; 2009, No. 632, § 2; 2013, No. 566, § 1; 2013, No. 619, § 1; 2013, No. 765, § 1; 2013, No. 991, § 2; 2017, No. 573, §§ 1, 2; 2019, No. 910, § 4713.

Amendments. The 2009 amendment by No. 483 deleted (c)(1) and (c)(2), redesignated (c)(3) as (c), and made a minor spelling correction in the introductory language of (c).

The 2009 amendment by No. 632, in (c), deleted (c)(1) and (c)(2), redesignated the remaining subdivisions accordingly, and made a minor stylistic change.

The 2013 amendment by No. 566 substituted “subdivisions (a)(2) and (b)(2)” for “subdivision (a)(2)” in (a)(1); substituted “the first special license plate” for “special license plates” in (a)(2); redesignated former (b) as (b)(1); substituted “two (2) special license plates” for “one (1) special license plate” in (b)(1); and added (b)(2).

The 2013 amendment by No. 619 added (c)(6).

The 2013 amendment by No. 765 deleted former (c)(1) and redesignated the remaining subdivisons accordingly; and added (d).

The 2013 amendment by No. 991 inserted “and in § 27-24-213” in (a)(1).

The 2017 amendment substituted “subsections (c) and (e)” for “subsection (c)” in (b)(1); and added (e).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2).

27-24-207. Transferability.

A special license plate issued under this subchapter shall not be transferred to any person who is not entitled to receive a special license plate under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-208. Surviving spouse.

    1. Except as provided in subdivisions (a)(2)-(4) of this section, a special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee for licensing a motor vehicle as provided under § 27-14-601.
    2. A special license plate issued to a disabled veteran under this subchapter may be reissued to the disabled veteran's surviving spouse upon payment of the fee under § 27-24-206(a).
    3. A Purple Heart Recipient special license plate issued under this subchapter may be reissued free of charge to the surviving spouse of a deceased person to whom the special license plate was issued.
    4. A Distinguished Flying Cross special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee under § 27-24-206(a).
  1. The surviving spouse of a deceased person who was entitled to receive a special license plate under this subchapter shall not be eligible for parking privileges in designated accessible parking spaces for persons with disabilities unless the surviving spouse is a person with a disability as defined in § 27-15-302.
    1. The Department of Finance and Administration is authorized to issue one (1) special license plate to an applicant who establishes that he or she is the surviving spouse of a deceased person who was entitled to receive any of the following special license plates:
      1. Medal of Honor Recipient;
      2. Purple Heart Recipient; or
      3. Distinguished Flying Cross.
    2. A decal stating “Surviving Spouse” will be affixed to a special license plate reissued under subdivision (a)(1) of this section or issued under subdivision (c)(1) of this section in lieu of the standard decal appearing on a special license plate issued under this subchapter.
    3. The department may issue a surviving spouse a special license plate with a decal stating “Surviving Spouse” as authorized under subdivisions (c)(1) and (2) of this section upon:
      1. Presentment of evidence that the applicant's deceased spouse was awarded the military decoration corresponding to the special license plate requested in the application; and
      2. Payment of the fee required under § 27-24-206(a).

History. Acts 2005, No. 2202, § 1; 2013, No. 1069, § 1; 2017, No. 965, § 1; 2019, No. 167, § 1; 2019, No. 915, § 1; 2019, No. 993, § 1.

A.C.R.C. Notes. The amendment of this section by Acts 2019, No. 915, adding subsection (c), supersedes the amendment of this section by Acts 2019, No. 167. Acts 2019, No. 167, § 1, also added (c), which read:

“(c) The surviving spouse of a deceased person who would have been entitled to receive a Purple Heart Recipient special license plate under this subchapter may apply for and be issued a Purple Heart Recipient special license plate by providing:

“(1) Proof of the deceased person's eligibility under § 27-24-204(d); and

“(2) Payment of the fee under § 27-24-206(a)(2) to defray the cost of the issuance and renewal of the Purple Heart Recipient special license plate.”

Amendments. The 2013 amendment added the (a)(1) designation; added “Except as provided in subdivision (a)(2) of this section” in (a)(1); and added (a)(2).

The 2017 amendment substituted “subdivisions (a)(2) and (3)” for “subdivision (a)(2)” in (a)(1); and added (a)(3).

The 2019 amendment by No. 167 added (c).

The 2019 amendment by No. 915 added (c).

The 2019 amendment by No. 993 substituted “subdivisions (a)(2)-(4) of this section” for “subdivisions (a)(2) and (3) of this section” in (a)(1); and added (a)(4).

Effective Dates. Acts 2017, No. 965, § 2: Nov. 13, 2017.

27-24-209. Redesign and simplification of military service and veterans special license plates.

  1. The Office of Motor Vehicle shall redesign and simplify all military service and veterans special license plates issued under this subchapter that are in existence on September 1, 2009.
    1. In place of the legend “The Natural State” at the bottom of the special license plate, a decal for a veteran of each conflict authorized under this subchapter shall be created.
    2. The design of the special license plate shall include a blank space that is sufficient for the branch decal under subsection (c) of this section or the medal decal under subsection (d) of this section.
    1. The office shall design a branch decal based on the official emblem for each of the following:
      1. The United States Army;
      2. The United States Army Reserve;
      3. The United States Navy;
      4. The United States Navy Reserve;
      5. The United States Marine Corps;
      6. The United States Marine Corps Reserve;
      7. The United States Air Force;
      8. The United States Air Force Reserve;
      9. The United States Coast Guard;
      10. The United States Coast Guard Reserve;
      11. The Army National Guard; and
      12. The Air National Guard.
      1. The office is to seek the advice and input of the Secretary of the Department of Veterans Affairs and the Adjutant General of the State of Arkansas on the design of the branch decal.
      2. The office shall comply with the provisions of 10 U.S.C. § 1057 and 10 U.S.C. § 7881.
    2. The branch decal shall be of a size to fit on the license plate next to the officially designated license plate number.
    3. The applicant shall establish that he or she served in the branch before the office issues the branch decal.
    4. If the applicant does not purchase a medal decal under subsection (d) of this section, an employee of the office shall affix the branch decal to the special license plate at the time of issuance to the applicant.
    5. There is no additional charge for a branch decal under this subsection.
      1. The office shall design and make available for issuance medal decals for no more than five (5) medals awarded by a branch of the United States Armed Forces by January 1, 2010.
      2. Every two (2) years following July 31, 2009, the office shall design and make available for issuance no more than five (5) additional medal decals awarded by a branch of the United States Armed Forces.
    1. The medal decal is to be designed based on the official medal that it represents.
    2. The office is to seek the advice and input of the secretary and the Adjutant General of the State of Arkansas on the design of the medal decal, which medal decals should be issued, and the timing of the issuance of the medal decals.
    3. The medal decal shall be of a size to fit on the license plate next to the officially designated license plate number.
    4. The applicant shall establish that he or she was awarded the medal before the office issues the medal decal.
    5. If an applicant purchases a medal decal under this subsection, an employee of the office shall affix the medal decal to the special license plate at the time of issuance to the applicant.
      1. A fee of ten dollars ($10.00) shall be charged for the medal decal under this subsection to be deposited to the credit of the Military Funeral Honors Fund.
      2. An additional handling and administrative fee of one dollar ($1.00) shall be added to the cost of the medal decal under this subsection for administrative costs.
    6. The medal decal under this subsection is optional, and if it is not purchased, the applicant will receive a branch decal as provided under subsection (c) of this section.
  2. An applicant for a redesigned special license plate under this section shall meet the requirements of this subchapter.
  3. Except as provided under subdivision (d)(7)(A) of this section, the fee for issuance and renewal of a redesigned special license plate under this section shall be as provided in § 27-24-206.
  4. Military service special license plates issued under this subchapter before July 31, 2009, shall be valid and are not required to be exchanged until requested by the office.
  5. The office may use special license plates that were created and purchased under this subchapter before July 31, 2009.

History. Acts 2009, No. 784, § 1; 2019, No. 910, §§ 6338, 6339.

Amendments. The 2019 amendment substituted “Secretary of the Department of Veterans Affairs” for “Director of the Department of Veterans Affairs” in (c)(2)(A); substituted “secretary” for “director” in (d)(3); and substituted “the Adjutant General of the State of Arkansas” for “The Adjutant General for the State of Arkansas” in (c)(2)(A) and (d)(3).

27-24-210. Retired members of armed forces.

  1. The Department of Finance and Administration shall continue the special license plate for retired members of the armed forces that existed before the July 31, 2009.
    1. The department shall design the special license plates issued under this section.
    2. In lieu of the legend “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words “U.S. Armed Forces Retired”.
  2. A retired member of the armed forces may apply for and annually renew a special license plate issued under this section as provided under § 27-24-206 (a) and (b).
  3. Upon the initial application of a special license plate issued under this section, a retired member of the armed forces shall provide adequate proof to the department that he or she is a retired member of the armed forces.
  4. The registration of a special license plate under this section may continue from year to year as long as it is renewed each year within the time and in the manner required by law.
  5. The Office of Motor Vehicle shall redesign and simplify the special license plates issued under this section to bring them into conformity with § 27-24-209.

History. Acts 2009, No. 632, § 3; 2011, No. 632, § 1.

Amendments. The 2011 amendment added (f).

27-24-211. Gold Star Family special license plates — Definitions.

  1. The purpose of this section is to honor the family members of a deceased service member.
  2. The Department of Finance and Administration is authorized to issue one (1) Gold Star Family special license plate to an applicant who establishes upon initial application that he or she is a family member of a deceased service member.
  3. There is no cost for the issuance or renewal of the Gold Star Family special license plate under this section.
    1. The Department of Finance and Administration shall design the Gold Star Family special license plates issued under this section as provided under this subsection.
    2. The design of the Gold Star Family special license plate shall include a large gold star on the left-hand side of the Gold Star Family special license plate and a decal at the bottom of the plate that states “Gold Star Family” in lieu of the legend “The Natural State” or any succeeding legend.
    3. An additional decal that states “combat-related death” may be placed on the Gold Star Family special license plate if the deceased service member was killed in action.
  4. A Gold Star Family special license plate is not transferable as provided under § 27-24-207.
  5. The registration of a Gold Star Family special license plate under this section may continue from year to year so long as it is renewed each year within the time and in the manner required by law.
    1. A family member applying for a Gold Star Family special license plate authorized by subsection (b) of this section shall provide the Department of Finance and Administration with:
      1. Documentation showing classification of death as listed by the United States Secretary of Defense;
        1. A Report of Casualty form, DD Form 1300, or a Serious Incident Report issued by the United States Armed Forces.
        2. If the person applying for the Gold Star Family special license plate is not listed on a report under subdivision (g)(1)(B)(i) of this section, additional documentation shall be required by the Department of Finance and Administration to verify familial status, including without limitation a birth certificate or obituary; or
      2. Verification of eligibility for Dependency and Indemnity Compensation through the United States Department of Veterans Affairs, or other documentation which identifies a service-connected illness or injury as the cause of death of the deceased service member.
      1. The Department of Finance and Administration may consult with the Department of the Military regarding supporting documentation that may be used by a family member to prove eligibility when applying for a Gold Star Family special license plate.
      2. However, the Department of Finance and Administration shall make the final decision as to whether or not the applicant is eligible to be issued a Gold Star Family special license plate.
  6. As used in this section:
    1. “Deceased service member” means a member of the United States Armed Forces who was killed or died in the honorable performance of his or her duty within one (1) year of receiving a service-connected injury or contracting a service-connected illness; and
    2. “Family member” means a spouse, parent, sibling, or child of a member of the United States Armed Forces, including without limitation:
      1. A birthmother or birthfather;
      2. A stepmother or stepfather;
      3. An adoptive parent;
      4. A biological child;
      5. An adopted child; or
      6. A stepchild.

History. Acts 2009, No. 685, § 1; 2017, No. 493, § 1; 2019, No. 635, § 1.

Amendments. The 2017 amendment added “Definitions” in the section heading; rewrote (a) and (b); and added (g) and (h).

The 2019 amendment inserted “Gold Star Family” throughout (d) and in (f); added (d)(3); rewrote (g) and (h); and made a stylistic change.

27-24-212. Disabled veteran motorcycle license plates.

  1. As used in this section:
    1. “Disabled veteran” means a person who meets the definition of disabled veteran, disabled veteran — nonservice injury, or disabled veteran — World War I, under § 27-24-203; and
    2. “Special motorcycle license plate” means a special license plate issued under this section for a motorcycle as defined under § 27-20-101.
  2. The Department of Finance and Administration shall issue a special motorcycle license plate under this section to an applicant who establishes upon initial application that he or she is a disabled veteran.
  3. The department shall design the special license plate issued under this section consistent with § 27-24-209.
    1. The special license plate created and issued under this section is free of charge to an eligible applicant.
    2. To defray the cost of the issuance and renewal of a special license plate under this section, the department may charge an annual fee for renewal not to exceed one dollar ($1.00).
  4. The registration of a special license plate under this section may continue from year to year if it is renewed each year within the time and manner required by law.

History. Acts 2013, No. 473, § 1.

27-24-213. Veterans of Foreign Wars.

  1. The purpose of this section is to honor the service of members of the Veterans of Foreign Wars by providing a special license plate that is available for issuance.
  2. It is found and determined by the General Assembly of the State of Arkansas that the men and women who have served our country overseas and risked their lives to secure our freedom should be honored by the issuance of a free special license plate as provided under this subchapter.
  3. The Department of Finance and Administration is authorized to issue a Veterans of Foreign Wars special license plate to an applicant who establishes upon initial application that he or she, by membership card or Life Member card, is a member of the:
    1. Veterans of Foreign Wars;
    2. Ladies Auxiliary to the Veterans of Foreign Wars;
    3. Men's Auxiliary to the Veterans of Foreign Wars;
    4. Auxiliary to the Veterans of Foreign Wars;
    5. Junior Girls of the Ladies Auxiliary to the Veterans of Foreign Wars; or
    6. Sons of the Veterans of Foreign Wars.
    1. The Department of Finance and Administration shall design the special license plate issued under this section in consultation with the Department of Arkansas Veterans of Foreign Wars.
    2. In place of the legend “The Natural State” at the bottom of the special license plate, a permanent decal shall be made available for a veteran of each conflict as authorized under § 27-24-204(a), upon proof as required under § 27-24-204 that the applicant is eligible to be issued the decal.
  4. An applicant who qualifies for a special license plate under subdivision (c)(1) of this section:
    1. Shall pay:
      1. A fundraising fee of ten dollars ($10.00) for the issuance and renewal of the first special license plate; and
      2. An annual fee not to exceed one dollar ($1.00) that the Secretary of the Department of Finance and Administration may charge for the issuance and renewal of the first special license plate; and
    2. May obtain and renew additional special license plates upon payment of a fundraising fee in the amount of ten dollars ($10.00) and the fee for licensing a motor vehicle under § 27-14-601.
  5. An applicant who qualifies for a special license plate under subdivisions (c)(2)-(6) of this section shall pay a fundraising fee of ten dollars ($10.00) and the fee for licensing a motor vehicle as provided in § 27-14-601 for the issuance and renewal of any license plate issued under this subsection.
  6. The fundraising fee of ten dollars ($10.00) paid by any applicant on issuance or renewal of a special license plate under this section shall be remitted monthly to the Nick Bacon VFW Special Veterans Scholarship Fund.

History. Acts 2013, No. 991, § 3; 2015, No. 698, § 2; 2019, No. 910, § 4714.

Amendments. The 2015 amendment substituted “§ 27-24-204(a)” for “§ 27-24-204(9)-(12), (15), and (16)” in (d)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (e)(1)(B).

27-24-214. Veterans of Operation Urgent Fury.

  1. The Department of Finance and Administration is authorized to issue one (1) special license plate under this section to an applicant who establishes upon initial application that he or she is a veteran of the armed forces who served in Grenada during Operation Urgent Fury.
    1. The department shall design the special license plates issued under this section according to § 27-24-209.
    2. In lieu of the legend “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words “Operation Urgent Fury”.
  2. A veteran of the armed forces who served in Grenada during Operation Urgent Fury may apply for and annually renew a special license plate issued under this section as provided under § 27-24-206(a) and (b).
  3. Upon the initial application for a special license plate issued under this section, a veteran of the armed forces who served in Grenada during Operation Urgent Fury shall provide adequate proof to the department that he or she meets the requirements of this section.
  4. The registration of a special license plate under this section may continue from year to year as long as it is renewed each year within the time and in the manner required by law.

History. Acts 2013, No. 1407, § 1.

27-24-215. Veterans of Lebanon Peacekeeping Mission.

  1. The Department of Finance and Administration is authorized to issue one (1) special license plate under this section to an applicant who establishes upon initial application that he or she is a veteran of the armed forces who served in Lebanon during the Lebanon Peacekeeping Mission.
    1. The department shall design the special license plates issued under this section according to § 27-24-209.
    2. In lieu of the legend “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the word “Lebanon”.
  2. A veteran of the armed forces who served in Lebanon during the Lebanon Peacekeeping Mission may apply for and annually renew a special license plate issued under this section as provided under § 27-24-206(a) and (b).
  3. Upon the initial application for a special license plate issued under this section, a veteran of the armed forces who served in Lebanon during the Lebanon Peacekeeping Mission shall provide adequate proof to the department that he or she meets the requirements of this section.
  4. The registration of a special license plate under this section may continue from year to year as long as it is renewed each year within the time and in the manner required by law.

History. Acts 2015, No. 1140, § 1.

Subchapter 3 — Public Use Vehicles — Local Government

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-24-301. Purpose.

The purpose of this subchapter is to:

  1. Continue the special license plates for counties, cities, towns, and members of county quorum courts;
  2. Transfer the authority to the Department of Finance and Administration to issue additional special license plates for counties, cities, towns, and members of county quorum courts; and
  3. Provide a mechanism for other public entities in the state to obtain special license plates.

History. Acts 2005, No. 2202, § 1; 2007, No. 536, § 1.

27-24-302. Application for counties.

  1. A county judge in the State of Arkansas may apply for special license plates under this subchapter.
  2. An application submitted under this section shall include the following:
    1. The payment of a sum of one dollar ($1.00) for each motor vehicle to be licensed; and
    2. An affidavit by the following that states that the motor vehicle to which the special license plate shall be attached is the property of the county and used exclusively for county business:
      1. The county judge;
      2. The county treasurer; and
      3. The county sheriff.

History. Acts 2005, No. 2202, § 1.

27-24-303. County quorum courts.

  1. An Arkansas resident who is an elected member of a county quorum court and who represents a quorum court district in Arkansas may apply for and renew a special license plate under this section.
    1. An application submitted under this section shall include the following:
      1. A copy of the justice of the peace's commission from the Secretary of State;
      2. The payment of all taxes and fees imposed by law for the issuance of registration and license plates on motor vehicles; and
      3. An application fee in the amount of ten dollars ($10.00).
    2. The application fee in the amount of ten dollars ($10.00) shall be deposited into the State Treasury as special revenue and credited to the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration to finance the issuance of the special license plates and decals provided under this section.
  2. A quorum court member may register one (1) motor vehicle and receive a justice of the peace special license plate decal.
  3. The special license plate shall be the standard color and design that is currently issued by the Department of Finance and Administration, except that in lieu of the legend “The Natural State” or any succeeding legend, it shall have placed across the bottom a permanent decal bearing the words “Justice of the Peace”.
  4. A person who is no longer eligible to use the special license plate and decal under this section shall promptly return the special license plate to the nearest office of the division and be issued a new regular license plate for the motor vehicle.
  5. For the purposes of this subchapter, it shall be presumed that a motor vehicle licensed under this section by a member of a county quorum court is used exclusively for business related to the member's official duties.
  6. The renewal of a license plate issued under this section shall require the payment of all taxes and fees imposed by law for the renewal of registration and license plates on motor vehicles.

History. Acts 2005, No. 2202, § 1.

27-24-304. Application for cities and incorporated towns.

  1. A mayor of a city or incorporated town in the state may apply for special license plates under this subchapter.
  2. An application submitted under this section shall include the following:
    1. The payment of a sum of one dollar ($1.00) for each motor vehicle to be licensed; and
    2. An affidavit by the following that states that the motor vehicle to which the special license plate shall be attached is the property of the city or incorporated town and used exclusively for the business of the city or incorporated town:
      1. The mayor; and
      2. The city clerk.

History. Acts 2005, No. 2202, § 1.

27-24-305. Validity.

  1. A special license plate issued under this subchapter shall be valid for as long as the motor vehicle to which the plate is attached is:
    1. Owned by the county, city, incorporated town, county quorum court member, or other public entity; and
    2. Used exclusively in the business of the county, city, incorporated town, or other public entity.
  2. A special license plate issued under § 27-24-302, § 27-24-304, or § 27-24-306 shall not be required to be renewed annually.

History. Acts 2005, No. 2202, § 1; 2007, No. 536, § 2.

27-24-306. Other public entities.

  1. The following public entities may apply for special license plates under this subchapter through their directors, chairs, or other authorized representatives:
    1. Regional airports authorized under the Regional Airport Act, § 14-362-101 et seq.; and
    2. Regional water distribution districts authorized under The Regional Water Distribution District Act, § 14-116-101 et seq.
  2. An application submitted under this section shall include the following:
    1. The payment of one dollar ($1.00) for each motor vehicle to be licensed; and
    2. An affidavit by the director, chair, or other authorized representative that states that:
      1. The public entity exists to serve a public purpose; and
      2. The motor vehicle to which the special license plate is attached is:
        1. Owned by the public entity; and
        2. Used exclusively for the business of the public entity.

History. Acts 2007, No. 536, § 3.

Subchapter 4 — Public Use Vehicles — State Government

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-401. Purpose.

The purpose of this subchapter is to continue the State Highway Commission's exemption from the requirement to display motor vehicle license plates issued by the Secretary of the Department of Finance and Administration and to transfer the authority to the commission to determine by minute order whether additional metal plates should be issued.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4715.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-402. Metal plates required on state highway vehicles.

  1. The State Highway Commission shall not be required to purchase a license plate from the Department of Finance and Administration for a motor vehicle, truck, or trailer owned or leased by the Arkansas Department of Transportation or as otherwise determined by minute order of the commission.
    1. The commission shall procure and place upon each vehicle owned or leased by the Arkansas Department of Transportation a metal plate that contains legible:
      1. Words that state that the vehicle upon which the plate is placed belongs to the Arkansas Department of Transportation; and
      2. Numbers that correlate with a list of all metal plates placed on vehicles that belong to the Arkansas Department of Transportation.
    2. The commission shall keep and maintain a complete list that includes:
      1. The number of all metal plates placed upon vehicles belonging to the Arkansas Department of Transportation; and
        1. A description of the vehicle on which each plate is placed.
        2. The description shall include the vehicle identification number, the motor number, the model number, or other unique identification of the vehicle.

History. Acts 2005, No. 2202, § 1; 2017, No. 707, § 328.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” throughout the section.

Subchapter 5 — Public Use Vehicles — Federal Government

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-501. Federal government exemption.

  1. A vehicle shall be exempt from the requirement to exhibit a state license plate if it:
    1. Belongs to the federal government; and
    2. Is used by the federal government exclusively for federal government business.
  2. A vehicle that is exempt under subsection (a) of this section is required to exhibit a special license plate that states that the vehicle is owned by the federal government.
  3. The Secretary of the Department of Finance and Administration shall approve the design and form of a special license plate used under this section.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4716.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

Subchapter 6 — Nominal Fee Plates

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-601. Purpose.

The purpose of this subchapter is to continue the miscellaneous nominal fee special license plates with the specific eligibility criteria that existed before April 13, 2005, and to transfer the authority to the Department of Finance and Administration to issue additional nominal fee plates in limited circumstances as provided under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-602. Definitions.

As used in this subchapter:

  1. “4-H club” means a club in this state that is a member of or affiliated with the 4-H Clubs of America;
  2. “Church bus” means a motor bus or van that is:
    1. Owned or exclusively leased by a religious organization; and
    2. Used exclusively for the functions of the religious organization;
  3. “Congregation” means the members of a religious organization;
  4. “Religious organization” means a church or other place of worship that:
    1. Is located in the state; and
    2. Provides religious services to its congregation;
  5. “Volunteer rescue squad” means a volunteer group that provides lifesaving, first aid, or other rescue activities in the state; and
  6. “Youth group” means a club in this state that is a member or affiliated with either the Boys and Girls Clubs of America.

History. Acts 2005, No. 2202, § 1.

27-24-603. Existing special license plates.

The miscellaneous nominal fee special license plates with the specific eligibility criteria that were in existence before April 13, 2005, and that are contained in this subchapter shall continue to be issued by the Secretary of the Department of Finance and Administration.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4717.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-604. Additional special license plates.

The Secretary of the Department of Finance and Administration may create and issue additional special license plates under this subchapter if:

  1. A nonprofit public service organization applies for the issuance of an additional nominal fee special license plate under this subchapter;
  2. The creation and issuance of the special license plate will have a minimal annual fiscal and budgetary impact as determined by the secretary; and
  3. The special license plate may only be obtained by a limited group of owners of motor vehicles who meet the specific eligibility criteria to obtain the special license plate for a purpose exclusively related to their eligibility.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4718, 4719.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language; and substituted “secretary” for “director” in (2).

27-24-605. Nominal fee.

An application for a special license plate under this subchapter shall be accompanied by a fee in the amount of one dollar ($1.00) for each special license plate issued to cover the administrative cost of issuing the special license plate.

History. Acts 2005, No. 2202, § 1.

27-24-606. Religious organizations.

    1. The pastor, minister, priest, rabbi, or other person in charge of a religious organization and the chair of the governing body of the religious organization may apply to the Secretary of the Department of Finance and Administration for the issuance of a church bus special license plate to be used exclusively on church buses owned and operated by the religious organization.
      1. The application for a special license plate under this section shall include an affidavit that:
        1. Is signed by each applicant; and
        2. States that the motor vehicle to which the special license plate shall be attached is a church bus as defined under this subchapter.
        1. If an application submitted under this section contains statements made with the intent to evade the provisions of this subchapter, then the affiant is guilty of perjury.
        2. If an affiant under this section pleads guilty to, pleads nolo contendere to, or is found guilty of perjury, then the affiant shall be punished as provided in any other conviction of perjury.
  1. This section shall not relieve a religious organization from the payment of gross receipts tax or compensating use tax on the purchase of a church bus.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4720.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-24-607. Youth groups.

  1. A civic club, person, or entity that furnishes to a youth group a motor vehicle that is used exclusively for youth group purposes may apply to the Secretary of the Department of Finance and Administration for the issuance of a youth group special license plate to be used exclusively on motor vehicles that are operated for the purposes of the youth group.
  2. A youth group that owns and operates a motor vehicle that is used exclusively for youth group purposes may apply to the secretary for the issuance of a youth group special license plate to be used exclusively on motor vehicles that are owned by the youth group and operated for the purposes of the youth group.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4721.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-24-608. 4-H clubs.

  1. A civic club, person, or entity that furnishes to a 4-H club a motor vehicle that is used exclusively for 4-H club purposes may apply to the Secretary of the Department of Finance and Administration for the issuance of a 4-H club special license plate to be used exclusively on motor vehicles that are operated for the purposes of the 4-H club.
  2. A 4-H club that owns and operates a motor vehicle that is used exclusively for 4-H club purposes may apply to the secretary for the issuance of a 4-H club special license plate to be used exclusively on motor vehicles that are owned by the 4-H club and operated for the purposes of the 4-H club.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4722.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-24-609. Volunteer rescue squads.

  1. A person or entity that owns a motor vehicle that is used exclusively by volunteer rescue squads may apply to the Secretary of the Department of Finance and Administration for the issuance of a volunteer rescue squad special license plate to be used exclusively on motor vehicles that are operated for the purposes of the volunteer rescue squad.
  2. A motor vehicle licensed under this section shall:
    1. Be painted a distinguishing color; and
    2. Clearly and conspicuously display the identity of the volunteer rescue squad in letters and figures not less than three inches (3") in height.
  3. A motor vehicle purchased for the exclusive use by a volunteer rescue squad shall be exempt from the gross receipts and compensating use tax.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4723.

A.C.R.C. Notes. The Arkansas Gross Receipts Act of 1941 is codified at § 26-52-101 et seq.

The Arkansas Compensating Tax Act of 1949 is codified at § 26-53-101 et seq.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-24-610. Boy Scouts of America.

A civic club, person, or entity that furnishes a bus or truck for exclusive use for Boy Scouts of America purposes may apply to the Secretary of the Department of Finance and Administration for the issuance of a motor vehicle special license plate to be used exclusively on motor vehicles that are operated for the purposes of the scouts.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4724.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-611. Civil Air Patrol.

  1. A person who is a member of the Civil Air Patrol, is a resident of the State of Arkansas, and is an owner of a motor vehicle may apply for a Civil Air Patrol special license plate under this subchapter.
  2. Upon submitting proof of eligibility and complying with the state laws relating to registration and licensing of motor vehicles, the applicant shall be issued a Civil Air Patrol special license plate under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-612. Orphanages.

  1. The head of an orphanage in the State of Arkansas may apply to the Secretary of the Department of Finance and Administration for the issuance of a motor vehicle special license plate to be used exclusively on motor vehicles that are operated for the purposes of the orphanage.
  2. The application shall include an affidavit on a form prescribed by the secretary that is signed by the applicant and which states that the motor vehicle to which the special license plate shall be attached is owned or exclusively leased by the orphanage and used exclusively for functions related to the orphanage.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4725.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

Subchapter 7 — Members of the General Assembly

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-701. Purpose.

The purpose of this subchapter is to continue the procedure which existed prior to April 13, 2005, for issuing special license plates to the elected members of the General Assembly. These special license plates are issued to honor the elected members of the General Assembly and to assist in making parking rules for the State Capitol more enforceable by the State Capitol Police.

History. Acts 2005, No. 2202, § 1.

27-24-702. Special license plates.

The Secretary of the Department of Finance and Administration shall furnish each member of the General Assembly a special license plate for his or her personal motor vehicle as provided in this subchapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4726.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-703. Members of Senate.

    1. The Secretary of the Department of Finance and Administration shall each year cause to be prepared thirty-nine (39) special license plates for members and selected staff of the Senate and deliver them to the Secretary of the Senate for distribution.
    2. The special license plates shall be numbered consecutively “1” — “37”.
  1. Upon each of the special license plates there shall appear the word “Senator” in addition to other identification information as the Secretary of the Department of Finance and Administration with the approval of the Senate Efficiency Committee and subject to the approval of the Senate.
    1. The special license plate numbered “1” shall be reserved for the President Pro Tempore of the Senate.
    2. On or before January 15 of each odd-numbered year, the Secretary of the Senate as directed by the Senate Efficiency Committee shall furnish the Secretary of the Department of Finance and Administration with a list of the names of members of the Senate and shall designate the special license plate number that shall be reserved for each member of the Senate.
      1. The words “President Pro Tem” shall appear on special license plate number “1”.
      2. [Repealed.]
      3. The words “Secretary of the Senate” shall appear on special license plate number “36”.
      4. The words “Senate Chief of Staff” shall appear on special license plate number “37”.
        1. The word “Senator” shall appear on the standard Senate special license plate numbers “1” through “35”.
        2. The assignment of the numbers “1” through “35” shall be made by the Senate Efficiency Committee.
  2. A member of the Senate who desires to obtain special license plates may obtain them by applying to the Secretary of the Department of Finance and Administration upon forms to be provided by him or her and upon the payment of all taxes and fees that may be due.

History. Acts 2005, No. 2202, § 1; 2017, No. 448, § 31; 2019, No. 910, §§ 4727-4730.

Amendments. The 2017 amendment repealed (c)(3)(B).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); substituted “Secretary of the Department of Finance and Administration” for “director” in (b), (c)(2), and (d); and substituted “Secretary of the Senate” for “secretary” in (c)(2).

27-24-704. Members of House of Representatives.

    1. The Secretary of the Department of Finance and Administration shall each calendar year cause to be prepared two (2) sets as deemed necessary by the House Management Committee of one hundred seven (107) special license plates for members of the House of Representatives and selected staff.
    2. In addition, there will be two (2) sets or the number of sets deemed necessary by the House Management Committee of one hundred (100) “Member” special license plates prepared for distribution.
    3. Upon receipt of the plates, the secretary shall deliver them to the Speaker of the House of Representatives for issuance.
    1. The background of the special license plate and the words, figures, and emblems shall be in the colors requested by the House of Representatives by resolution duly adopted by that body.
    2. Each special license plate shall also contain figures showing the calendar year for which the license is issued and other words, emblems, and identifying information.
    3. The special license plates issued under this section shall be numbered consecutively “0” through “100” and the words “House of Representatives” shall appear on the standard House of Representatives special license plates and on the “Member” special license plates.
    4. The following seven (7) special license plates shall be prepared as follows:
      1. The words “Speaker of the House” shall appear on special license plate “1”;
      2. The words “House Speaker Pro Tem” shall appear on special license plate “2”;
      3. The words “House Parliamentarian” shall appear on special license plate “3X”;
      4. The words “xHouse Parliamentarian” shall appear on the special license plate “x3x”;
      5. The words “House Chief of Staff” shall appear on special license plate “3”;
      6. The words “House Info Director” shall appear on special license plate “0”; and
      7. The words “Chaplain of the House” shall appear on special license plate “4”.
  1. On or before January 15 of each year, the Speaker of the House of Representatives shall furnish the secretary with a list of names of members of the House of Representatives designating:
    1. The special license plate number that shall be reserved for each member; and
    2. The number of vehicles to which the special license plate is to be attached, specifying each vehicle's regular license plate number issued by the Department of Finance and Administration and the vehicle identification number.
  2. Any member of the House of Representatives who desires to obtain a special license plate may obtain it by applying to the Speaker of the House of Representatives upon showing proof that the vehicle to which the special license plate is to be attached is properly registered and licensed in Arkansas.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4731-4733.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(3) and (c).

27-24-705. Taxes and fees.

A member of the General Assembly shall pay all taxes and fees imposed by law for the issuance of registration and license plates on each of his or her personal motor vehicles.

History. Acts 2005, No. 2202, § 1.

27-24-706. Issuance and transfer.

  1. All applications for special license plates issued under this subchapter must contain the following information:
    1. The number of vehicles to which the plate is to be attached; and
    2. The vehicle identification number and the vehicle's regular license plate number issued by the Department of Finance and Administration for each vehicle to which a special license plate is to be attached.
  2. A special license plate issued under this subchapter shall be issued only for a vehicle that is currently and properly registered and licensed in Arkansas.
    1. A special license plate issued under this subchapter may be transferred to another vehicle if the vehicle is properly registered and licensed in Arkansas and the Speaker of the House of Representatives or the President Pro Tempore of the Senate is notified of the transfer.
    2. The notice of transfer shall designate the vehicle to which the plate is to be transferred and the vehicle from which the plate is being transferred, identifying both vehicles by their respective vehicle identification numbers and regular license plate numbers issued by the department.
  3. The Speaker of the House of Representatives or the President Pro Tempore of the Senate shall:
    1. Notify the department of all special license plate transfers; and
    2. Provide the requisite vehicle information specified in subsection (a) of this section.

History. Acts 2005, No. 2202, § 1.

Subchapter 8 — Constitutional Officers

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-801. Purpose.

The purpose of this subchapter is to continue the Constitutional Officer special license plates that existed before April 13, 2005, to honor the elected members of each constitutional office in the State of Arkansas and to make the parking rules for the State Capitol more enforceable by the State Capitol Police.

History. Acts 2005, No. 2202, § 1.

27-24-802. Special license plates authorized.

The Secretary of the Department of Finance and Administration shall furnish each constitutional officer a Constitutional Officer special license plate for his or her personal motor vehicles under this subchapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4734.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-803. Constitutional Officer special license plate.

    1. The Secretary of the Department of Finance and Administration shall each year cause to be prepared seven (7) special license plates for the constitutional officers.
    2. The special license plates shall be numbered consecutively “01” — “07”.
    1. Upon each of the special license plates there shall appear the words “Constitutional Officer” in addition to the other identifying information as the Secretary of the Department of Finance and Administration shall determine.
    2. Each constitutional officer is entitled to the issuance of a special license plate for up to two (2) personal motor vehicles.
    1. The special license plate numbered “01” shall be reserved for the Governor.
    2. On or before January 15 of each odd-numbered year, the Governor shall furnish the Secretary of the Department of Finance and Administration with a list of the names of the constitutional officers, and each other officer shall furnish the Governor with the name of any other person who may display the special license plate.
      1. The number “01” shall appear on the special license plate for the Governor.
      2. The number “02” shall appear on the special license plate for the Lieutenant Governor.
      3. The number “03” shall appear on the special license plate for the Secretary of State.
      4. The number “04” shall appear on the special license plate for the Attorney General.
      5. The number “05” shall appear on the special license plate for the Treasurer of State.
      6. The number “06” shall appear on the special license plate for the Auditor of State.
      7. The number “07” shall appear on the special license plate for the Commissioner of State Lands.
  1. A constitutional officer who desires to obtain special license plates may obtain them by applying to the Secretary of the Department of Finance and Administration upon forms to be provided by the Secretary of the Department of Finance and Administration and by paying the taxes and fees that may be due.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4735-4738.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “Secretary of the Department of Finance and Administration” for “director” in (b)(1), (c)(2), and twice in (d).

27-24-804. Issuance and transfer.

  1. All applications for Constitutional Officer special license plates issued under this subchapter shall contain the following information:
    1. The number of vehicles to which the plate is to be attached; and
    2. The vehicle identification number and the vehicle's regular license plate number issued by the Department of Finance and Administration for each vehicle to which a special license plate is to be attached.
  2. A special license plate issued under this subchapter shall be issued only for a vehicle that is currently and properly registered and licensed in the State of Arkansas.
    1. A special license plate issued under this subchapter may be transferred to another vehicle provided that the vehicle is properly registered and licensed in the State of Arkansas and the Governor is notified of the transfer.
    2. The notice of transfer shall designate the vehicle to which the plate is to be transferred and the vehicle from which the plate is being transferred, identifying both vehicles by the respective vehicle identification numbers and regular license plate numbers issued by the department.
  3. The Governor shall notify the department of all special license plate transfers, providing the requisite vehicle information specified in subsection (a) of this section.

History. Acts 2005, No. 2202, § 1.

Subchapter 9 — Arkansas State Game and Fish Commission

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-901. Purpose.

The purpose of this subchapter is to:

  1. Continue the Arkansas State Game and Fish Commission specially designed license plates to be displayed on its motor vehicles;
  2. Continue the commission special license plates that existed before April 13, 2005;
  3. Continue to support the Game Protection Fund that is used by the commission for fish and wildlife conservation education and other purposes consistent with Arkansas Constitution, Amendment 35 and Arkansas Constitution, Amendment 75; and
  4. Transfer the authority to the Department of Finance and Administration to issue additional commission special license plates.

History. Acts 2005, No. 2202, § 1.

27-24-902. Continuation of existing special license plates for Arkansas State Game and Fish Commission vehicles.

  1. The Arkansas State Game and Fish Commission shall continue to be issued special license plates to be displayed on its motor vehicles in lieu of the regular motor vehicle license plates prescribed by law.
  2. The special license plates to be issued to the commission and displayed on its vehicles shall be designed by the commission with the approval of the Secretary of the Department of Finance and Administration.
  3. Nothing in this section shall exempt the commission from the payment of the annual fees prescribed by law for the registration of its motor vehicles.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4739.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

27-24-903. Existing special license plates.

  1. Except as provided in subsection (b) of this section, the Secretary of the Department of Finance and Administration shall continue the Arkansas State Game and Fish Commission special license plates that existed before April 13, 2005.
    1. The commission may request that the Department of Finance and Administration discontinue one (1) or more special license plates that existed before April 13, 2005.
    2. To request a discontinuance of one (1) or more special license plates under this subchapter, the commission shall present a resolution to the secretary stating which plates the department is to discontinue.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4740, 4741.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b)(2).

27-24-904. Additional special license plates.

    1. The Secretary of the Department of Finance and Administration shall accept requests from the Arkansas State Game and Fish Commission to create and issue additional special license plates under this subchapter.
    2. The commission shall submit with the request for an additional special license plate a proposed design for the approval of the secretary.
  1. When considering a request from the commission for an additional special license plate, the secretary shall consider the following factors:
    1. The current supply and demand of the existing commission special license plates;
    2. The administrative cost to the Department of Finance and Administration for issuance of an additional commission special license plate; and
    3. The estimated demand for the additional special license plate requested by the commission.
    1. If the request is approved, the secretary shall determine:
      1. The fee for the cost of initial orders of new designs for special license plates which shall be based on the cost of initial orders of new designs for special license plates;
      2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or
      3. The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of new designs for special license plates.
      1. The fee remitted under subdivision (c)(1) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
      2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      3. The fee shall not be considered or credited to the division as direct revenue.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4742-4744.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(2) and the introductory language of (b) and (c)(1).

27-24-905. Issuance — Renewal — Replacement.

  1. The owner of a motor vehicle who is a resident of the State of Arkansas may apply for and renew annually a special license plate under this subchapter.
  2. An applicant shall remit the following fees to obtain a special license plate issued under this subchapter for use on a motor vehicle:
    1. The fee required by law for the registration and licensing of the motor vehicle;
    2. A fee not to exceed twenty-five dollars ($25.00) to cover the design-use contribution by the Arkansas State Game and Fish Commission or for fund-raising purposes; and
    3. A handling and administrative fee in the amount of ten dollars ($10.00).
  3. To renew a special license plate issued under this subchapter, the owner of the motor vehicle shall remit the fees stated in subsection (b) of this section.
  4. To replace a special license plate issued under this subchapter:
    1. The owner of the motor vehicle shall remit the fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The owner of the motor vehicle shall remit the fees stated in subsection (b) of this section if the registration has expired.
  5. The fee remitted under subdivision (b)(2) of this section shall be deposited into the Game Protection Fund to be used by the commission for the following purposes:
    1. Sponsoring college scholarships related to the field of conservation;
    2. Funding land purchases for the benefit of the public; and
    3. Providing conservation education programs.
    1. The fee remitted under subdivision (b)(3) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  6. The registration of a special license plate under this subchapter may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  7. If an owner of a motor vehicle who was previously issued a special license plate under this subchapter fails to pay the fees required in subsection (b) of this section at the time of renewal, then the owner shall be issued a permanent license plate as provided under §§ 27-14-1007 and 27-14-1008.

History. Acts 2005, No. 2202, § 1.

27-24-906. License plate options.

A motor vehicle owner applying for a special license plate under this subchapter may:

  1. Have a license plate assigned by the Department of Finance and Administration as provided by law; or
    1. Apply for a special personalized prestige license plate pursuant to §§ 27-14-1101 and 27-14-1102.
    2. However, the use of letters and numbers on a personalized prestige license plate shall be limited to the rules of the Secretary of the Department of Finance and Administration.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4745.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (2)(B).

27-24-907. Transferability.

The special license plates issued under this subchapter may be transferred from one (1) vehicle to another pursuant to § 27-14-914.

History. Acts 2005, No. 2202, § 1.

Subchapter 10 — Colleges, Universities, and Arkansas School for the Deaf

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1001. Purpose.

The purpose of this subchapter is to:

  1. Continue the special license plates for colleges and universities that existed before April 13, 2005, to support higher education in the state by providing additional funding for academic or need-based scholarships and to transfer the authority to the Department of Finance and Administration to issue additional college and university special license plates; and
  2. Authorize a special license plate for the Arkansas School for the Deaf, which is accredited by an accrediting agency recognized by the United States Department of Education and has students up to twenty-one (21) years of age.

History. Acts 2005, No. 2202, § 1; 2011, No. 726, § 1; 2015, No. 865, § 14; 2015, No. 1158, § 7.

A.C.R.C. Notes. Acts 2015, No. 1158, § 14, provides that to the extent that Act 1158 conflicts with a substantive Act, Act 1158 is superseded.

Pursuant to Acts 2015, No. 1158, § 14, subdivision (2) is set out above as amended by Acts 2015, No. 865, § 14. Subdivision (2) was also amended by Acts 2015, No. 1158, § 7, to read as follows: “(2) Authorize a special license plate for the Arkansas School for the Deaf, which is accredited by the Higher Learning Commission and has students up to twenty-one (21) years of age.”

Amendments. The 2011 amendment subdivided part of the paragraph and added (2).

The 2015 amendment by No. 865 substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission of the North Central Association of Colleges and Schools” in (2).

27-24-1002. Definition.

As used in this subchapter, “college or university” means a public or private college or university that:

  1. Offers either a two-year or four-year degree program;
  2. Is located in the State of Arkansas;
  3. Is accredited by an accrediting agency recognized by the United States Department of Education;
  4. Certifies to the Division of Higher Education that its students are accepted for transfer at institutions accredited by an accrediting agency recognized by the United States Department of Education; and
  5. Does not discriminate against applicants, students, or employees on the basis of race, color, religion, sex, age, disability, or national origin in compliance with state and federal law.

History. Acts 2005, No. 2202, § 1; 2011, No. 595, § 1; 2015, No. 865, § 15; 2015, No. 1158, § 8.

A.C.R.C. Notes. Acts 2015, No. 1158, § 14, provides that to the extent that Act 1158 conflicts with a substantive Act, Act 1158 is superseded.

Pursuant to Acts 2015, No. 1158, § 14, subdivision (3) is set out above as amended by Acts 2015, No. 865, § 15. Subdivision (3) was also amended by Acts 2015, No. 1158, § 8, to read as follows: “(3) Is accredited by the Higher Learning Commission;”.

Amendments. The 2011 amendment inserted “either” and “two-year or” in (1); and substituted “Higher Learning Commission” for “Commission on Institutions of Higher Education” in (3).

The 2015 amendment by No. 865 substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission of the North Central Association of Colleges and Schools” in (3); and substituted “an accrediting agency recognized by the federal Department of Education” for “the commission” in (4).

27-24-1003. Existing special license plates.

  1. Except as provided in subsection (b) of this section, the Secretary of the Department of Finance and Administration shall continue the collegiate special license plates that existed before April 13, 2005.
    1. The board of trustees of a college or university may request that the Department of Finance and Administration discontinue the college's or university's special license plate.
    2. To request a discontinuance of a special license plate issued under this subchapter, the board of trustees of the college or university shall present a resolution to the secretary requesting the department to discontinue the college's or university's special license plate.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4746, 4747.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b)(2).

27-24-1004. Additional special license plates.

    1. The Secretary of the Department of Finance and Administration shall accept requests from the board of trustees of a college or university to create and issue a special license plate under this subchapter for the college or university.
    2. The board of trustees shall submit with the request for a special license plate a proposed design for the approval of the secretary.
  1. The secretary shall approve one (1) design for a special license plate for each college or university that requests a special license plate.
  2. The secretary shall determine:
    1. The fee for the cost of initial orders of new designs for special license plates which shall be based on the cost of initial orders of new designs for special license plates;
    2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or
    3. The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial orders of the new designs for special license plates.
  3. The secretary shall issue additional special license plates as provided under this subchapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4748.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” throughout the section.

27-24-1005. Issuance — Renewal — Replacement.

  1. The owner of a motor vehicle who is a resident of the State of Arkansas may apply for and renew annually a special license plate under this subchapter.
  2. An applicant for a special license plate under this subchapter shall remit the following fees:
    1. The fee required by law for the registration and licensing of the motor vehicle;
    2. A fee not to exceed twenty-five dollars ($25.00) to cover the design-use contribution by the college or university or the Arkansas School for the Deaf or for fund-raising purposes; and
    3. A handling and administrative fee in the amount of ten dollars ($10.00).
  3. To renew a special license plate issued under this subchapter, the owner of the motor vehicle shall remit to the Department of Finance and Administration the fees stated in subsection (b) of this section.
  4. To replace a special license plate issued under this subchapter:
    1. The owner of the motor vehicle shall remit the fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The owner of the motor vehicle shall remit the fees stated in subsection (b) of this section if the registration has expired.
    1. The department shall remit the fees collected under subdivision (b)(2) of this section on a monthly basis to the college or university or the Arkansas School for the Deaf depending on the school for which each special license plate was purchased.
    2. The department shall also provide to each participating college or university or the Arkansas School for the Deaf a list of persons who have paid for a special license plate under this subchapter relating to that entity.
    1. The fee remitted under subdivision (b)(3) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  5. The registration of a special license plate under this subchapter may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  6. If an owner of a motor vehicle who was previously issued a special license plate under this subchapter fails to pay the fees required in subsection (c) of this section at the time of renewal, then the owner shall be issued a permanent license plate as provided under §§ 27-14-1007 and 27-14-1008.
  7. Upon the expiration of the registration of a special license plate under this subchapter, the owner of the motor vehicle may replace the special license plate with:
    1. A permanent license plate under §§ 27-14-1007 and 27-14-1008;
    2. A personalized license plate;
    3. A different special license plate under this subchapter; or
    4. Any other special license plate that the person is entitled to receive under this chapter.

History. Acts 2005, No. 2202, § 1; 2011, No. 726, §§ 2, 3.

Amendments. The 2011 amendment inserted “or the Arkansas School for the Deaf” in (b)(2); inserted “or the Arkansas School for the Deaf depending on the school” in (e)(1); and, in (e)(2), inserted “or the Arkansas School for the Deaf” and added “relating to that entity” at the end.

27-24-1006. Transferability.

The special license plates issued under this subchapter may be transferred from one (1) motor vehicle to another pursuant to § 27-14-914.

History. Acts 2005, No. 2202, § 1.

27-24-1007. License plate options.

A motor vehicle owner applying for a special license plate under this subchapter may:

  1. Have a license plate assigned by the Department of Finance and Administration as provided by law; or
    1. Apply for a special personalized prestige license plate pursuant to §§ 27-14-1101 and 27-14-1102.
    2. However, the use of letters and numbers on a personalized prestige license plate shall be limited to the rules of the Secretary of the Department of Finance and Administration.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4749.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (2)(B).

27-24-1008. Use of funds by college or university.

      1. A participating college or university shall use eighty-five percent (85%) of the funds received from the design-use contribution fee authorized under § 27-24-1005(b)(2) solely for academic or need-based scholarships.
      2. Procedures and criteria used to determine the distribution of the scholarships shall be established and followed by the college or university distributing the funds derived from the collegiate special license plate program.
    1. The college or university shall use the remaining fifteen percent (15%) of the received funds for either academic or need-based scholarships or for the administration and promotion of the collegiate special license plate program.
  1. Funds received from the collegiate special license plate program are supplementary and shall not be considered or used as income for purposes of reducing the general revenue appropriation to the college or university.

History. Acts 2005, No. 2202, § 1.

27-24-1009. Limitation on remedies.

The universities and colleges participating in the collegiate special license plate program shall have no recourse against the Department of Finance and Administration if any collegiate special license plate is erroneously issued or renewed without the payment of the design-use contribution fee.

History. Acts 2005, No. 2202, § 1.

27-24-1010. Arkansas School for the Deaf.

  1. The Secretary of the Department of Finance and Administration shall issue a special license plate for the Arkansas School for the Deaf in the manner and subject to the conditions provided under this subchapter.
  2. The special Arkansas School for the Deaf motor vehicle license plate shall:
    1. Be designed by the Department of Finance and Administration in consultation with the Board of Trustees of the Arkansas School for the Blind and the Arkansas School for the Deaf;
    2. Contain the words “Arkansas School for the Deaf” and a picture showing the American Sign Language hand shape for “I Love You”; and
    3. Be numbered consecutively.
  3. The secretary shall determine the amount of the cost for the issuance of the special license plate under this section as follows:
    1. The fee for the cost of initial orders of the new design that shall be based on the cost of the initial order;
    2. The number of applications that must be received to cover the cost of the initial order of the new design; or
    3. The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.
  4. The department shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Arkansas School for the Deaf Foundation to be used for foundation purposes; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1005.
    2. However, the division shall remit the fees collected under § 27-24-1005(b)(2) on a monthly basis to the Arkansas School for the Deaf Foundation.

History. Acts 2011, No. 726, § 4; 2019, No. 910, §§ 4750, 4751.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in the introductory language of (c).

Subchapter 11 — Agriculture Education

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1101. Purpose.

The purpose of this subchapter is to continue the special license plates for the Division of Agriculture of the University of Arkansas that existed before April 13, 2005, and to transfer the authority to the Department of Finance and Administration to issue additional agriculture education special license plates upon application by a college or university.

History. Acts 2005, No. 2202, § 1.

27-24-1102. Definition.

As used in this subchapter, “college or university” means a public or private college or university that:

  1. Offers a four-year degree program in agriculture or agriculture-related studies;
  2. Is located in the State of Arkansas;
  3. Is accredited by an accrediting agency recognized by the United States Department of Education;
  4. Certifies to the Division of Higher Education that its students are accepted for transfer at institutions accredited by an accrediting agency recognized by the United States Department of Education; and
  5. Does not discriminate against applicants, students, or employees on the basis of race, color, religion, sex, age, disability, or national origin, in compliance with state and federal law.

History. Acts 2005, No. 2202, § 1; 2015, No. 865, § 16; 2015, No. 1158, § 9; 2019, No. 910, § 2410.

A.C.R.C. Notes. Acts 2015, No. 1158, § 14, provides that to the extent that Act 1158 conflicts with a substantive Act, Act 1158 is superseded.

Pursuant to Acts 2015, No. 1158, § 14, subdivision (3) is set out above as amended by Acts 2015, No. 865, § 16. Subdivision (3) was also amended by Acts 2015, No. 1158, § 9, to read as follows: “(3) Is accredited by the Higher Learning Commission;”.

Amendments. The 2015 amendment by No. 865 substituted “an accrediting agency recognized by the federal Department of Education” for “the Higher Learning Commission of the North Central Association of Colleges and Schools” in (3) and (4).

The 2019 amendment, in (4), substituted “Division of Higher Education” for “Department of Higher Education” and “United States” for “federal”.

27-24-1103. Existing special license plate.

The special license plate for the Division of Agriculture of the University of Arkansas that was in existence before April 13, 2005, shall continue to be issued by the Secretary of the Department of Finance and Administration.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4752.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-1104. Additional special license plates.

The Secretary of the Department of Finance and Administration shall accept requests for a special license plate for the agriculture division, department, or program of a college or university under this subchapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4753.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-1105. Design and approval procedure.

  1. The board of trustees of a college or university shall submit with its request for a special license plate for its agriculture program a proposed design for the approval of the Secretary of the Department of Finance and Administration.
  2. The secretary shall approve one (1) design for an agriculture-related special license plate for each college or university that requests or currently has a special license plate.
    1. If the secretary approves the request, the secretary shall determine:
      1. The fee for the cost of initial orders of new designs for special license plates which shall be based on the cost of initial orders of new designs for special license plates;
      2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or
      3. The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of the new designs for special license plates.
      1. The fee remitted under this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
      2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      3. The fee shall not be considered or credited to the division as direct revenue.
    1. A college or university may submit a newly designed special license plate for approval and issuance by the secretary not more than one (1) time in each period of five (5) years under this subchapter.
    2. If the secretary approves a request, then the secretary shall determine:
      1. The fee for the cost of initial orders of new designs for special license plates which shall be based on the cost of initial orders of new designs for special license plates;
      2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or
      3. The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of the new designs for special license plates.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4754-4757.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” throughout the section.

27-24-1106. Issuance — Renewal — Replacement.

  1. The owner of a motor vehicle who is a resident of the State of Arkansas may apply for and renew annually a special license plate under this subchapter.
  2. An applicant for a special license plate under this subchapter shall remit the following fees:
    1. The fee required by law for the registration and licensing of the motor vehicle;
    2. A fee not to exceed twenty-five dollars ($25.00) to cover the design-use contribution by the college or university or for fund-raising purposes; and
    3. A handling and administrative fee in the amount of ten dollars ($10.00).
  3. To renew a special license plate issued under this subchapter, the owner of the motor vehicle shall remit the fees stated in subsection (b) of this section.
  4. To replace a special license plate issued under this subchapter:
    1. The owner of the motor vehicle shall remit the fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The owner of the motor vehicle shall remit the fees stated in subsection (b) of this section if the registration has expired.
    1. The Department of Finance and Administration shall remit the fees collected under subdivision (b)(2) of this section on a monthly basis to the college or university for which each special license plate was purchased.
    2. The department shall also provide to each participating college or university a list of persons who have paid for a special license plate under this subchapter.
    1. The fee remitted under subdivision (b)(3) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  5. The registration of a special license plate under this subchapter may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  6. If an owner of a motor vehicle who was previously issued a special license plate under this subchapter fails to pay the fees required in subsection (c) of this section at the time of renewal, the owner shall be issued a permanent license plate as provided under §§ 27-14-1007 and 27-14-1008.
  7. Upon the expiration of the registration of a special license plate under this subchapter, the owner of the motor vehicle may replace the special license plate with:
    1. A permanent license plate under §§ 27-14-1007 and 27-14-1008;
    2. A personalized license plate;
    3. A different special license plate under this subchapter; or
    4. Any other special license plate that the person is entitled to receive under this chapter.

History. Acts 2005, No. 2202, § 1.

27-24-1107. Use of funds by college or university.

    1. A participating college or university shall use all moneys collected under § 27-24-1106(b)(2) exclusively for the purpose of sponsoring college scholarships, for education programs in the field of agriculture, and for the benefit of the public.
    2. Procedures and criteria used to determine the distribution of the moneys shall be established and followed by the college or university distributing the funds derived from the special license plate program under this subchapter.
  1. Funds received from the special license plate program under this subchapter are supplementary and shall not be considered or used as income for purposes of reducing the general revenue appropriation to the college or university.

History. Acts 2005, No. 2202, § 1.

27-24-1108. Transferability.

The special license plates issued under this subchapter may be transferred from one (1) motor vehicle to another pursuant to § 27-14-914.

History. Acts 2005, No. 2202, § 1.

Subchapter 12 — African-American Fraternities and Sororities

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1201. Purpose.

The purpose of this subchapter is to continue the special license plates for African-American fraternities and sororities that were authorized before April 13, 2005, and to transfer the authority to the Department of Finance and Administration to issue additional African-American fraternity and sorority special license plates.

History. Acts 2005, No. 2202, § 1.

27-24-1202. Definitions.

As used in this subchapter, “African-American fraternity or sorority” means any one (1) of the following historically African-American fraternities or sororities:

  1. Delta Sigma Theta;
  2. Alpha Kappa Alpha;
  3. Zeta Phi Beta;
  4. Sigma Gamma Rho;
  5. Omega Psi Phi;
  6. Alpha Phi Alpha;
  7. Phi Beta Sigma; or
  8. Kappa Alpha Psi.

History. Acts 2005, No. 2202, § 1.

27-24-1203. Authority continued.

The authority for the Department of Finance and Administration to create and issue the African-American fraternities and sororities special license plates that existed before April 13, 2005, shall continue.

History. Acts 2005, No. 2202, § 1.

27-24-1204. Additional special license plates.

The Secretary of the Department of Finance and Administration shall accept requests for a special license plate for an African-American fraternity or sorority that exists at a college or university in the State of Arkansas under this subchapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4758.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-1205. Design and approval procedure.

  1. The design for a special license plate issued under this subchapter that commemorates an African-American fraternity or sorority shall be designed by the African-American fraternity or sorority and shall be submitted for the approval of the Secretary of the Department of Finance and Administration.
  2. The secretary shall approve one (1) design for each participating African-American fraternity or sorority.
    1. If the secretary approves the design, the secretary shall determine:
      1. The fee for the cost of initial orders of new designs for special license plates which shall be based on the cost of initial orders of new designs for special license plates;
      2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or
      3. The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of the new designs for special license plates.
    2. This fee shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenues.
  3. The secretary shall promulgate reasonable rules and prescribe the forms necessary for effectively carrying out the intent and purposes of this subchapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 315, § 3133; 2019, No. 910, §§ 4759-4761.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” throughout the section.

27-24-1206. Issuance — Renewal — Replacement.

  1. An owner of a motor vehicle who meets the following criteria may apply for and annually renew a special license plate under this subchapter:
    1. Is a certified member or alumni member of the African-American fraternity or sorority for which he or she is seeking a special license plate;
    2. Is a resident of the State of Arkansas;
    3. Is otherwise eligible to license a motor vehicle in this state; and
    4. Pays the additional fees for the special license plate as required under this subchapter.
  2. An applicant for a special license plate under this subchapter shall remit the following fees:
    1. The fee required by law for the registration and licensing of the motor vehicle;
    2. A fee not to exceed twenty-five dollars ($25.00) to be determined by the Secretary of the Department of Finance and Administration to cover the design-use contribution by the African-American fraternity or sorority or for fundraising purposes; and
    3. A handling and administrative fee in the amount of ten dollars ($10.00).
  3. To renew a special license plate issued under this subchapter, the owner of the motor vehicle shall remit the fees under subsection (b) of this section.
  4. To replace a special license plate issued under this subchapter:
    1. The owner of the motor vehicle shall remit the fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The owner of the motor vehicle shall remit the fees stated in subsection (b) of this section if the registration has expired.
  5. The Revenue Division of the Department of Finance and Administration shall remit the fees collected under subdivision (b)(2) of this section on a monthly basis as provided under § 27-24-1207.
    1. The fee remitted under subdivision (b)(3) of this section shall be deposited into the State Central Services Fund for the benefit of the division.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  6. The registration of a special license plate issued under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  7. If an owner of a motor vehicle who was previously issued a special license plate under this subchapter fails to pay the fees required in subsection (c) of this section at the time of renewal, the owner shall be issued a permanent license plate as provided under §§ 27-14-1007 and 27-14-1008.
  8. Upon the expiration of the registration of a special license plate under this subchapter, the owner of the motor vehicle may replace the special license plate with:
    1. A permanent license plate under §§ 27-14-1007 and 27-14-1008;
    2. A personalized license plate;
    3. A different special license plate under this subchapter; or
    4. Any other special license plate that the person is entitled to receive under this chapter.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4762.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(2).

27-24-1207. Disposition of fee — List.

  1. Except for African-American fraternities and sororities, the Revenue Division of the Department of Finance and Administration shall remit the design-use contribution fee required under § 27-24-1206(b)(2) monthly to the endowment funds of the participating institutions of higher education in the State of Arkansas that have a chapter of the African-American fraternity or sorority on their campus on a pro-rata basis to be used for scholarships as provided in this subchapter.
    1. The division shall remit the design-use contribution fee collected for special license plates issued to African-American fraternities and sororities monthly as provided under subdivision (b)(2) of this section to the endowment funds of the following historically African-American institutions of higher education in the State of Arkansas:
      1. The University of Arkansas at Pine Bluff;
      2. Philander Smith College;
      3. Arkansas Baptist College; and
      4. Shorter College.
    2. The historically African-American institutions of higher education shall share in the funds in the following proportion:
      1. The University of Arkansas at Pine Bluff, forty percent (40%);
      2. Philander Smith College, twenty-five percent (25%);
      3. Arkansas Baptist College, twenty percent (20%); and
      4. Shorter College, fifteen percent (15%).
  2. The Department of Finance and Administration shall also provide to each participating African-American fraternity or sorority a list of persons who have paid for the special African-American fraternity or sorority license plates during the specified period.

History. Acts 2005, No. 2202, § 1.

27-24-1208. Use of funds.

  1. An institution of higher education in the state that receives funds under this subchapter from the design-use contribution fee shall use one hundred percent (100%) of the funds exclusively for academic or need-based scholarships.
  2. Procedures and criteria used to determine the distribution of the scholarships shall be established and followed by the endowment funds of the participating institutions of higher education that distribute the funds derived from the special license plates under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-1209. Limitation on remedies.

The African-American fraternities and sororities participating in this program shall have no recourse against the Department of Finance and Administration if any special license plate is erroneously issued or renewed without payment of the design-use authorization statement.

History. Acts 2005, No. 2202, § 1.

Subchapter 13 — Public and Military Service Recognition

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 639 § 4: May 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Fallen Firefighters Memorial Board has made great efforts to have fallen firefighters honored on the grounds of the State Capitol with a monument and memorial area; that additional funding is needed to make the monument and memorial area a reality in the near future; and that this act is necessary because an increase in the fees dedicated for fundraising purposes for the firefighter special license plates will allow construction to begin on the Fallen Firefighters monument and memorial area. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on May 1, 2011.”

Acts 2013, No. 569, § 2[4]: Jan. 1, 2014.

Acts 2013, No. 586, § 5: Jan. 1, 2014.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1301. Purpose.

The purpose of this subchapter is to:

  1. Continue the special license plates for the certain public service employees or public service retirees that existed before April 13, 2005, and to establish a procedure for other public service employees or retirees to obtain special license plates;
  2. Honor the service of Cold War veterans by providing a special license plate that is available for issuance;
  3. Honor those individuals who served in the armed forces, but did not serve during a conflict or long enough to retire, by providing a special license plate that is available for issuance; and
  4. To recognize those individuals who serve as constables in the state.

History. Acts 2005, No. 2202, § 1; 2009, No. 632, § 4; 2009, No. 651, § 1; 2011, No. 727, § 1; 2013, No. 569, § 1.

Amendments. The 2009 amendment by No. 632 deleted “or military service retirees” and made related changes.

The 2009 amendment by No. 651 inserted (2), redesignated the remaining text accordingly, and made related changes.

The 2011 amendment added (3).

The 2013 amendment added (4).

27-24-1302. Definitions.

As used in this subchapter:

  1. “Certified law enforcement officer” means any appointed or elected law enforcement officer or county sheriff employed by a law enforcement agency who:
    1. Is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of this state; and
    2. Has met the selection and training requirements for certification set by the Arkansas Commission on Law Enforcement Standards and Training;
  2. “Cold War veteran” means any current or former member of the armed forces of the United States who establishes service during the Cold War era from September 2, 1945 through December 26, 1991, by presenting his or her military service discharge record, the Certificate of Release or Discharge from Active Duty of the Department of Defense known as the DD Form 214;
  3. “Constable” means a person who is:
    1. Elected under Arkansas Constitution, Article 7, § 47, and the laws of this state to serve as constable; and
    2. Currently serving as a constable for and in the county of his or her residence;
  4. “Firefighter” means a person who is certified by the Arkansas Fire Protection Services Board as a certified firefighter or who has retired as a firefighter;
  5. “Law enforcement agency” means any public police department, county sheriff's office, or other public agency, force, or organization whose primary responsibility as established by law, statute, or ordinance is the enforcement of the criminal, traffic, or highway laws of this state;
  6. “Professional firefighter” means a person who is in good standing with the Arkansas Professional Fire Fighters Association;
  7. “Public service” means a service provided by a city, a county, or the state government that requires licensure or certification by the person who is providing the service; and
  8. “Retired state trooper” means a former employee of the Department of Arkansas State Police who is eligible for and is receiving retirement benefits related to the retiree's employment as a state trooper.

History. Acts 2005, No. 2202, § 1; 2007, No. 590, § 1; 2009, No. 632, § 5; 2009, No. 651, § 2; 2011, No. 986, § 1; 2013, No. 569, § 2; 2013, No. 586, § 2.

Amendments. The 2009 amendment by No. 632 deleted, “retired member of the armed forces of the United States,” redesignated the subsequent subdivision, and made related changes.

The 2009 amendment by No. 651 inserted former (1) and redesignated the subsequent subdivisions accordingly.

The 2011 amendment, in former (1), substituted “establishes” for “has received a Cold War Recognition Certificate from the United States Secretary of Defense for” and added “by presenting his or her military service discharge record, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense known as the DD Form 214.”

The 2013 amendment by No. 569 added the definition for “Constable.”

The 2013 amendment by No. 586 added the definition for “Certified law enforcement officer.”

27-24-1303. Firefighters.

  1. The Department of Finance and Administration shall continue the special license plate for firefighters that existed before April 13, 2005.
  2. The department shall seek the advice of the Arkansas Fire Protection Services Board before changing the design of the special license plate under this section.
    1. A firefighter may apply for and annually renew special license plates issued under this section.
    2. The fee for the initial application for a special license plate under this section is:
      1. The fee required by law for the registration and licensing of the motor vehicle;
      2. A handling and administrative fee in the amount of ten dollars ($10.00); and
      3. An additional fee of five dollars ($5.00) to be remitted monthly to the board.
    3. The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle and an additional fee of five dollars ($5.00) to be remitted monthly to the Arkansas State Firefighters Association.
    4. The replacement fee for a special license plate decal issued under this section is ten dollars ($10.00).
    1. Upon the initial application for a special license plate issued under this section, the firefighter shall provide adequate proof to the department that he or she is:
      1. Certified by the board as a firefighter; or
      2. Retired from active service as a firefighter at the time of applying for renewal.
    2. This subsection shall not require a person who has been issued a license plate under this section to present adequate proof of his or her status as a firefighter or retired firefighter to the department for the renewal of his or her license and registration.
    1. The fee remitted under subdivision (c)(2)(B) of this section shall be deposited into the State Central Services Fund as direct revenue to the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
    1. The department shall offer a banner or tape to be attached to the special license plates issued under this section that states “Retired”.
    2. The “Retired” banner or tape shall be made available to a license plate holder who establishes that he or she is a firefighter retired from active service as provided under this section.
    3. This subsection shall not be construed to require a person who has been issued a “Retired” banner or tape under this section to present adequate proof of his or her status as a retired firefighter for the renewal of his or her license and registration.

History. Acts 2005, No. 2202, § 1; 2011, No. 639, § 1; 2013, No. 66, § 1; 2015, No. 386, §§ 1, 2.

A.C.R.C. Notes. Acts 2011, No. 639, § 3, provided:

“(a) The Arkansas Fallen Firefighters Memorial Board shall submit to the director an application that includes the following:

“(1) A statement that the Arkansas Fallen Firefighters Memorial Board is:

“(i) A nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as in effect on January 1, 2011;

“(ii) Based, headquartered, or has a chapter in Arkansas; and

“(iii) For social, civic, entertainment, or other purposes;

“(2) A statement that the Arkansas Fallen Firefighters Memorial Board is not:

“(i) A political party;

“(ii) Created primarily to promote a specific political belief; and

“(iii) Promoting any specific religion, faith, or anti-religion as its primary purpose;

“(3) The Arkansas Fallen Firefighters Memorial Board's financial plan for the funds received from the special license plate under this act that specifies the charitable use for the proceeds; and

“(4) An affidavit signed by an official of the Arkansas Fallen Firefighters Memorial Board that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.

“(c) The Arkansas Fallen Firefighters Memorial Board shall submit the information required under subsection (b) of this section within one hundred twenty (120) days after the effective date of this act.

“(d) The Arkansas Fallen Firefighters Memorial Board may submit the documentation required under this act along with its submission related to the design-use contribution fee under § 27-15-5201 et seq.”

Amendments. The 2011 amendment, in (c)(2)(C), substituted “five dollars ($5.00)” for “one dollar ($1.00)” and “remitted monthly to the Arkansas Fallen Firefighters Memorial Board” for “deposited into the Fallen Firefighters' Memorial Fund.”

The 2013 amendment, in (c)(1), substituted “special license plates” for “a special license plate” and added “for not more than two (2) vehicles.”

The 2015 amendment deleted “for not more than two (2) vehicles” at the end of (c)(1); and substituted “Arkansas State Firefighters Association” for “board” in (c)(3).

27-24-1304. Retired state troopers.

  1. The Department of Finance and Administration shall continue the special license plate for retired state troopers that existed before April 13, 2005.
    1. The Department of Finance and Administration shall design the special license plates issued under this section.
    2. In lieu of the legend “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words “Retired Arkansas State Trooper”.
    1. A retired state trooper may apply for and annually renew a special license plate issued under this section.
    2. The fee for the initial application for a special license plate under this section is:
      1. The fee required by law for the registration and licensing of the motor vehicle; and
      2. A handling and administrative fee in the amount of ten dollars ($10.00).
    3. The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle.
    4. The replacement fee for a special license plate decal issued under this section is ten dollars ($10.00).
  2. Upon the initial application of a special license plate issued under this section, the retired state trooper shall provide adequate proof to the Department of Finance and Administration that he or she is a retired state trooper of the Department of Arkansas State Police.
    1. The fee remitted under subdivision (c)(2)(B) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  3. The registration of a special license plate under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.

History. Acts 2005, No. 2202, § 1.

27-24-1305. [Repealed.]

Publisher's Notes. This section, concerning license plates for retired members of the United States Armed Forces, was repealed by Acts 2009, No. 632, § 6. The section was derived from Acts 2005, No. 2202, § 1; 2007, No. 393, §§ 1, 2.

27-24-1306. Emergency medical services professionals.

  1. The Department of Finance and Administration shall create and issue a special license plate for emergency medical services professionals.
  2. The department shall design the special license plates issued under this section.
  3. Any one (1) of the following may apply for and annually renew a special license plate issued under this section if he or she is currently licensed in the State of Arkansas or certified with the National Registry of Emergency Medical Technicians and resides in this state as:
    1. An emergency medical technician;
    2. A paramedic;
    3. An advanced emergency medical technician;
    4. A first responder with the documented completion of forty (40) hours of curriculum approved by the National Highway Traffic Safety Administration; or
    5. Any other emergency medical services personnel, including without limitation:
      1. A dispatcher; or
      2. An emergency vehicle operator.
  4. An applicant shall remit the following fees to obtain a special license plate issued under this section for use on a motor vehicle:
    1. The fee required by law for the registration and licensing of the motor vehicle;
    2. A handling and administrative fee in the amount of ten dollars ($10.00); and
    3. An additional fee of fifteen dollars ($15.00) to be collected by the department and remitted monthly to the Arkansas Emergency Medical Services Foundation, Inc.
    1. The fee for the renewal of a special license plate under this section is the fee required under subsection (d) of this section.
    2. The replacement fee for a special license plate issued under this section is ten dollars ($10.00).
  5. Upon the initial application of a special license plate issued under this section, the emergency medical services professional shall provide adequate proof to the department that he or she is licensed in the State of Arkansas or certified with the National Registry of Emergency Medical Technicians and resides in this state as one (1) of the following:
    1. An emergency medical technician;
    2. A paramedic;
    3. An advanced emergency medical technician;
    4. A first responder with the documented completion of forty (40) hours of curriculum approved by the National Highway Traffic Safety Administration; or
    5. Any other emergency medical services personnel, including without limitation:
      1. A dispatcher; or
      2. An emergency vehicle operator.
    1. The fee remitted under subdivision (d)(2) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  6. The registration of a special license plate under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.

History. Acts 2005, No. 2202, § 1; 2017, No. 800, § 1.

Amendments. The 2017 amendment substituted “services professionals” for “technicians” in the section heading and in (a), and made a similar change in (f); in the introductory language of (c) and (f), substituted “licensed” for “certified” and inserted “or certified with the National Registry of Emergency Medical Technicians and resides in this state”; substituted “paramedic” for “emergency medical technician paramedic” in (c)(2) and (f)(2); in (c)(3) and (f)(3), inserted “advanced” and deleted “intermediate” following “technician”; substituted “National Highway Traffic Safety Administration” for “Department of Transportation” in (c)(4) and (f)(4); added (c)(5) and (f)(5); substituted “Arkansas Emergency Medical Services Foundation, Inc.” for “Arkansas EMT Association Benevolence and Scholarship Funds” in (d)(3); substituted “(d)(2)” for “(d)(2)(B)” in (g)(1); and made stylistic changes.

27-24-1307. Additional public service special license plates with decals.

  1. The Secretary of the Department of Finance and Administration shall accept requests from organizations that represent public service employees, retired public service employees, or retired military service members to create and issue a special license plate decal under this subchapter.
    1. The Department of Finance and Administration shall design the special license plate decal that is issued under this section.
    2. In lieu of the legend “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing words that describe the public service profession or the retired military service branch or organization for which the special license plate with a decal has been issued.
  2. If the request is approved, the secretary shall determine:
    1. The fee for the design-use contribution which shall be based on the cost of initial orders of new designs for special license plate decals;
    2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plate decals; or
    3. The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial orders of new designs for special license plate decals.
    1. If the secretary approves a request for an additional special license plate decal under this section, then a person who establishes with adequate proof that he or she is a member or retiree of the public service profession or military branch may apply for and annually renew a special license plate decal.
    2. The fee for the initial application for a special license plate decal under this section is:
      1. The fee required by law for the registration and licensing of the motor vehicle; and
      2. A handling and administrative fee in the amount of ten dollars ($10.00).
    3. The fee for the renewal of a special license plate decal under this section is the fee required by law for the registration and licensing of the motor vehicle.
    4. The replacement fee for a special license plate decal issued under this section is ten dollars ($10.00).
    1. The fees remitted under subdivisions (d)(2)(B) and (d)(4) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
    1. An organization that is eligible to request an additional public service license plate decal under this section may establish a fundraising fee not to exceed twenty-five dollars ($25.00) for the issuance and renewal of a special license plate with a permanent decal.
    2. If an organization establishes a fundraising fee under this subsection, then the organization shall provide:
      1. Its financial plan for the use of the proceeds from the special license plate decal; and
      2. An affidavit signed by an official of the organization that states the proceeds from the special license plate decal will be used according to the financial plan submitted with the application.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4763-4765.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in the introductory language of (c), and in (d)(1).

27-24-1308. Transferability.

The special license plates issued under this subchapter may be transferred from one motor vehicle to another pursuant to § 27-14-914 but shall not be transferred to a person who is not entitled to receive a special license plate under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-1309. Limitation.

A person who is entitled to receive a special license plate under this subchapter shall be limited to two (2) special license plates under this subchapter.

History. Acts 2005, No. 2202, § 1.

27-24-1310. Reporting of use of proceeds.

If an organization sponsors a special license plate or special license plate decal under this subchapter and collects a fund-raising fee, then the organization shall provide:

  1. Its financial plan for the use of the proceeds from the special license plate or special license plate with a permanent decal; and
  2. An affidavit signed by an official of the organization that states that the proceeds from the special license plate or special license plate permanent decal will be used according to the financial plan submitted with the application.

History. Acts 2005, No. 2202, § 1.

27-24-1311. Professional firefighters.

  1. The Department of Finance and Administration shall create and issue a special license plate for professional firefighters under this section.
    1. The department shall seek the advice of the Arkansas Professional Firefighters Association regarding the design of the special license plate under this section.
    2. The association may submit up to three (3) designs to the department for its consideration.
    1. A professional firefighter may apply for and annually renew special license plates issued under this section.
    2. The fee for the initial application for a special license plate under this section is:
      1. The fee required by law for the registration and licensing of the motor vehicle;
      2. A handling and administrative fee in the amount of ten dollars ($10.00); and
      3. An additional fee of five dollars ($5.00) to be remitted monthly to the association.
    3. The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle and an additional fee of five dollars ($5.00) to be remitted monthly to the Arkansas Fallen Firefighters' Memorial Board.
    1. Upon the initial application for a special license plate issued under this section, the professional firefighter shall provide adequate proof to the department that he or she is a member in good standing with the association.
    2. This subsection shall not require a person who has been issued a special license plate under this section to present adequate proof of his or her status as a professional firefighter to the department for the renewal of his or her license and registration.
    1. The fee remitted under subdivision (c)(2)(B) of this section shall be deposited into the State Central Services Fund as direct revenue to the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.

History. Acts 2007, No. 590, § 2; 2011, No. 639, § 2; 2013, No. 66, §§ 2, 3; 2015, No. 386, §§ 3, 4.

Amendments. The 2011 amendment, in (c)(2)(C) and (c)(3), substituted “five dollars ($5.00)” for “one dollar ($1.00)” and “remitted monthly to the Arkansas Fallen Firefighters Memorial Board” for “deposited into the Fallen Firefighters' Memorial Fund.”

The 2013 amendment, in (c)(1), substituted “special license plates” for “a special license plate” and added “for not more than two (2) vehicles”; and deleted former (e), and redesignated (f) as present (e).

The 2015 amendment deleted “for not more than two (2) vehicles” at the end of (c)(1); and substituted “Arkansas Professional Firefighters Association” for “Arkansas Fallen Firefighters’ Memorial Board” in (c)(2)(C).

27-24-1312. Cold War veterans.

  1. The Department of Finance and Administration shall create for issuance a special license plate that bears a decal that states “Cold War Veteran” to be issued to an eligible applicant as provided under this subchapter.
    1. The department shall design the special license plate that bears the decal issued under this section.
    2. In lieu of the legend, “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words “Cold War Veteran”.
    1. A Cold War veteran may apply for and annually renew a special license plate issued under this section.
    2. The fee for the initial application for a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle.
    3. The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle.
    4. The replacement fee for a special license plate issued under this section is five dollars ($5.00).
  2. Upon the initial application of a special license plate issued under this section, the Cold War veteran shall provide adequate proof to the department that he or she is a Cold War veteran.
  3. The registration of a special license plate under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  4. As long as the fee for the special license plate issued under this section is the fee required by law for the registration and licensing of the motor vehicle and not that for a nominal fee military service and veteran plate under § 27-24-201 et seq., a Cold War veteran may obtain multiple license plates, not to exceed the number of vehicles that he or she owns.

History. Acts 2009, No. 651, § 3; 2011, No. 986, § 2.

Amendments. The 2011 amendment added (f).

27-24-1313. United States veterans.

  1. The Department of Finance and Administration shall create for issuance a special license plate that bears a decal stating “U. S. Veteran” to be issued to an eligible applicant who establishes that he or she has served in the:
    1. United States Army;
    2. United States Navy;
    3. United States Marine Corps;
    4. United States Air Force;
    5. United States Coast Guard;
    6. Army National Guard; or
    7. Air National Guard.
    1. The special license plate shall be of the same basic design as military service and veterans special license plates issued under § 27-24-209, except that in lieu of the legend “The Natural State” at the bottom of the special license plate, the plate shall bear a decal stating “U. S. Veteran”.
    2. The special license plate shall include a decal showing the veteran's branch of service.
    1. A United States veteran may apply for and annually renew a special license plate issued under this section.
    2. The initial application and registration fee for the license plate created under this section is the full fee amount as specified in § 27-14-601(a).
    3. The fee for the renewal of a special license plate under this section is the amount specified in § 27-14-601(a).
    4. The replacement fee for a special license plate issued under this section is five dollars ($5.00).
  2. Upon the initial application for a special license plate issued under this section, the United States veteran shall provide adequate proof to the department that he or she is a United States veteran.
  3. The special license plate created under this section may be used only on a motor vehicle as defined and classified in § 27-24-103.
  4. The registration of a special license plate under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.

History. Acts 2011, No. 727, § 2.

27-24-1314. Constables.

  1. The Department of Finance and Administration shall create for issuance a special license plate that bears a decal stating “Constable” for constables to be issued to an eligible applicant who establishes that he or she is a constable and subject to the conditions provided under this subchapter.
  2. The department shall design the special license plate issued under this section to be the same basic design as the standard license plate, except that in lieu of the legend “The Natural State” or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the word “Constable”.
    1. A constable may apply for and annually renew a special license plate issued under this section.
    2. The fee for the initial application for a special license plate under this section is:
      1. The fee required by law for the registration and licensing of the motor vehicle; and
      2. A handling and administrative fee in the amount of ten dollars ($10.00).
    3. The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle.
    4. The replacement fee for a special license plate issued under this section is ten dollars ($10.00).
  3. Upon application and renewal of a special license plate issued under this section, the constable shall provide adequate proof to the department that he or she is at the time of application or renewal a constable.
    1. The fee remitted under subdivision (c)(2)(B) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  4. The registration of a special license plate under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under subsection (d) of this section and under §§ 27-14-1012 and 27-14-1013.

History. Acts 2013, No. 569, § 3.

27-24-1315. [Repealed.]

Publisher's Notes. This section, concerning a special license plate for certified law enforcement officers, was repealed by Acts 2017, No. 1050, § 2. The section was derived from Acts 2013, No. 586, § 3.

27-24-1316. Support of law enforcement.

    1. The Department of Finance and Administration shall create and issue a special license plate for support of law enforcement under this section.
    2. The procedures regarding costs under § 27-24-1404(c)(1)(A) shall apply.
    1. The department shall seek the advice of the Arkansas Municipal Police Association regarding the design of the special license plate under this section.
    2. The association may submit up to three (3) designs to the department for its consideration.
  1. Any motor vehicle owner may apply for and annually renew a special license plate created by this section.
    1. The department shall issue a special license plate under this section upon payment of:
      1. The fee required by law for registration of the motor vehicle;
      2. Twenty-five dollars ($25.00) to cover the design-use contribution; and
      3. A handling and administrative fee of ten dollars ($10.00).
      1. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      2. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    2. The department shall remit the design-use contribution fee required under subdivision (d)(1)(B) of this section monthly to the association.
    1. The special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the association.

History. Acts 2013, No. 1270, § 1.

Subchapter 14 — Special Interest License Plates

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 692, § 3: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the cat and dog populations in Arkansas are expanding exponentially, that animal shelters are overrun with unwanted cats and dogs, that municipalities and counties lack the funds to keep up with the expanding cat and dog populations, that the recent downturn in the economy is adding to the unwanted cat and dog problem, and that additional funds are drastically needed to contend with the ever-expanding cat and dog populations. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2013, No. 407, § 2: January 1, 2014.

Acts 2013, No. 545, § 3: January 1, 2014.

Acts 2013, No. 586, § 5: January 1, 2014.

Acts 2013, No. 711, § 2: January 1, 2014.

Acts 2013, No. 762, § 2: January 1, 2014.

Acts 2013, No. 1007, § 2: January 1, 2014.

Acts 2013, No. 1121, § 2: January 1, 2014.

Acts 2013, No. 1250, § 2: January 1, 2014.

Acts 2013, No. 1342, § 3: January 1, 2014.

Acts 2013, No. 1350, § 2: January 1, 2014.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1401. Purpose.

The purpose of this subchapter is to:

  1. Continue the special license plates for the certain special interests that existed before April 13, 2005;
  2. Establish an expedited administrative application procedure for organizations that represent a group of persons with a viewpoint that is different from the viewpoint expressed on a special license plate that existed before April 13, 2005; and
  3. Establish an administrative procedure for other organizations to apply to the Department of Finance and Administration for the creation and issuance of a special license plate that represents their special interests.

History. Acts 2005, No. 2202, § 1.

27-24-1402. Existing special license plates.

  1. The following special license plates that represent various special interests and that were in existence or authorized by law on or before April 13, 2005, shall continue to be issued by the Secretary of the Department of Finance and Administration to a motor vehicle owner who is otherwise eligible to license a motor vehicle in this state and who pays the additional fees for the special license plate unless other eligibility requirements are specifically stated in this subchapter:
    1. Ducks Unlimited;
    2. Committed to Education;
    3. Choose Life;
    4. Susan G. Komen Breast Cancer Education, Research, and Awareness;
    5. Boy Scouts of America;
    6. Arkansas Cattlemen's Foundation;
    7. Organ Donor Awareness; and
    8. Arkansas Realtors Association.
  2. The Department of Finance and Administration shall continue to collect the fee for the design-use contribution or for fundraising purposes, and the following organizations shall continue to receive funds and be authorized to use the funds from the fee for the design-use contribution for special license plates that were in effect before April 13, 2005, and that are continued under this subchapter:
    1. Ducks Unlimited, Inc., for the Ducks Unlimited special license plate;
    2. Arkansas Committed to Education Foundation for the Committed to Education special license plate;
    3. Arkansas Right to Life for the Choose Life special license plate;
    4. Arkansas Affiliate of the Susan G. Komen Foundation for the Susan G. Komen Breast Cancer Education, Research, and Awareness special license plate;
    5. Boy Scouts of America, Quapaw Area Council of Arkansas, for the Boy Scouts of America special license plate;
    6. Arkansas Cattlemen's Foundation for the Arkansas Cattlemen's Foundation special license plate; and
    7. Arkansas Regional Organ Recovery Agency for the Organ Donor Awareness special license plate.
    1. Within thirty (30) days after April 13, 2005, the secretary shall notify the organizations listed in subsection (b) of this section that received the funds or were authorized to use the funds from a design-use contribution fee for a special license plate that is continued under this chapter and that was in effect before April 13, 2005, and the State Highway Commission of a change in the law regarding special license plates.
      1. The organization shall submit to the secretary an application that includes the following:
        1. The organization's financial plan for the use of the proceeds from the special license plate; and
        2. An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.
        1. The organization shall submit the information required under this subsection within one hundred twenty (120) days after April 13, 2005.
        2. If the organization fails to comply with this subdivision (c)(2)(B) within one hundred twenty (120) days after April 13, 2005, then the secretary shall notify the organization that proceeds from the special license plate design-use contribution fee will no longer be remitted to the organization or the organization will no longer be able to use the proceeds until the organization complies with this subdivision (c)(2)(B).
      2. The department shall not remit funds to the organization or allow the organization to use the proceeds from the special license plate unless the organization complies with the provisions of this section.
  3. Every special license plate continued under this subchapter shall be discontinued on April 7, 2007, unless an application is submitted to and approved by the secretary ninety (90) days prior to April 1, 2007, that establishes the organization's compliance with the following conditions:
    1. The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code § 26 U.S.C. 501(c)(3), as in effect on January 1, 2005;
    2. The organization is based, headquartered, or has a chapter in Arkansas;
    3. The purpose of the organization is for social, civic, entertainment, or other purposes;
      1. Except as provided under subdivision (d)(4)(B) of this section, the name of the organization is not the name of a special product, a trademark, or a brand name.
      2. Subdivision (d)(4)(A) of this section shall not apply to a trademark if the organization or entity with control of the trademark has provided a written authorization for its use;
      1. Except as provided under subdivision (d)(5)(B) of this section, the name of the organization is not interpreted by the department as promoting a special product, a trademark, or a brand name.
      2. This condition shall not apply to a trademark if the organization or entity with control of the trademark has provided a written authorization for its use;
    4. The organization is not a political party;
    5. The organization was not created primarily to promote a specific political belief; and
    6. The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion.

History. Acts 2005, No. 2202, § 1; 2007, No. 451, § 1; 2019, No. 910, §§ 4766-4770.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (a); and substituted “secretary” for “director” throughout (c) and in the introductory language of (d).

27-24-1403. [Repealed.]

Publisher's Notes. This section, concerning the expedited application process for certain special license plates, was repealed by Acts 2015, No. 1158, § 10. The section was derived from Acts 2005, No. 2202, § 1.

27-24-1404. Application process for additional special interest license plate decals.

  1. A special interest organization may apply to the Secretary of the Department of Finance and Administration for the creation and issuance of a special license plate that bears a decal for the special interest group under this section beginning on July 1, 2006, and ending on November 1, 2006, and on the same dates each year thereafter.
    1. An application submitted under this section shall include the following:
      1. A proposed design of the special license plate decal that complies with § 27-24-105(c) and related rules;
      2. Documentation to support that the organization is a state agency or a nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2005;
      3. The organization's financial plan for the use of the proceeds from the special license plate decal; and
      4. An affidavit signed by an official of the organization that states that the proceeds from the special license plate decal will be used according to the financial plan submitted with the application.
    2. The secretary shall either approve or deny each application submitted during the fiscal year by July 1 of the following fiscal year.
      1. If the request is approved, the secretary shall determine:
        1. The fee for the cost of creating a special license plate, including without limitation the cost of:
          1. The initial order of a special license plate created under this subchapter;
          2. Creating a new design for a special license plate and any subsequent revisions to the design;
          3. The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system;
          4. Maintaining the computer system required under subdivision (c)(1)(A)(i)(c) of this section; and
          5. Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state;
        2. The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or
        3. The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate.
        1. The fee remitted under subdivision (c)(1)(A) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
        2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
        3. The fee shall not be considered or credited to the division as direct revenue.
      2. The fee required under subdivision (c)(1)(A) of this section does not apply to a special license plate in existence before January 1, 2019.
    1. If the secretary denies the application, then:
      1. The secretary shall give the applicant written notice of the reasons for the denial; and
      2. The applicant may proceed as provided under § 27-24-106.
    1. An organization that applies for the issuance of a special license plate under this section may establish a fee not to exceed twenty-five dollars ($25.00) for the design-use contribution or for fundraising purposes for the issuance and renewal of a special license plate.
    2. If an organization establishes a fee for the design-use contribution or fundraising purposes under this subsection, then the organization shall provide:
      1. Its financial plan for the use of the proceeds from the special license plate; and
      2. An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.
  2. An organization's application for a special license plate under this section shall establish the organization's compliance with the following conditions:
    1. The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as in effect on January 1, 2005;
    2. The organization is based, headquartered, or has a chapter in Arkansas;
    3. The purpose of the organization is for social, civic, entertainment, or other purposes;
    4. The name of the organization is not the name of a special product or a brand name;
    5. The name of the organization is not interpreted by the department as promoting a special product or a brand name;
    6. The organization is not a political party;
    7. The organization was not created primarily to promote a specific political belief; and
    8. The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion.

History. Acts 2005, No. 2202, § 1; 2019, No. 287, § 1; 2019, No. 910, §§ 4771-4775.

Amendments. The 2019 amendment by No. 287 rewrote (c)(1)(A); and added (c)(1)(C).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (a); and substituted “secretary” for “director” in (b)(2) and throughout (c).

27-24-1405. Issuance — Renewal — Replacement.

  1. The owner of a motor vehicle who is a resident of the State of Arkansas may apply for and annually renew a special license plate or a special license plate that bears a decal that is issued under this subchapter.
  2. An applicant for a special license plate or for a special license plate that bears a decal under this subchapter shall remit the following fees:
    1. The fee required by law for the registration and licensing of the motor vehicle;
    2. A fee to cover the design-use contribution or for fund-raising purposes by the special interest organization; and
    3. A handling and administrative fee in the amount of ten dollars ($10.00).
  3. To renew a special license plate or a special license plate that bears a decal issued under this subchapter, the owner of the motor vehicle shall remit the fees under subsection (b) of this section.
  4. To replace a special license plate or a special license plate that bears a decal issued under this subchapter:
    1. The owner of the motor vehicle shall remit the fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The owner of the motor vehicle shall remit the fees stated in subsection (b) of this section if the registration has expired.
  5. The Revenue Division of the Department of Finance and Administration shall remit the fees collected under subdivision (b)(2) of this section on a monthly basis to the special interest organization for which each special license plate was purchased.
    1. The fee remitted under subdivision (b)(3) of this section shall be deposited into the State Central Services Fund for the benefit of the division.
    2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  6. The registration of a special license plate or a special license plate that bears a decal issued under this section may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  7. If an owner of a motor vehicle who was previously issued a special license plate or a special license plate that bears a decal under this subchapter fails to pay the fees required in subsection (c) of this section at the time of renewal, the owner shall be issued a permanent license plate as provided under §§ 27-14-1007 and 27-14-1008.
  8. Upon the expiration of the registration of a special license plate or special license plate that bears a decal under this subchapter, the owner of the motor vehicle may replace the special license plate or special license plate that bears a decal with:
    1. A permanent license plate under §§ 27-14-1007 and 27-14-1008;
    2. A personalized license plate;
    3. A different special license plate under this subchapter; or
    4. Any other special license plate that the person is entitled to receive under this chapter.

History. Acts 2005, No. 2202, § 1.

27-24-1406. License plate options.

  1. A motor vehicle owner applying for a special license plate under this subchapter may:
    1. Have a license plate assigned by the Department of Finance and Administration as provided by law; or
    2. Apply for a special personalized prestige license plate pursuant to §§ 27-14-1101 and 27-14-1102.
    1. A motor vehicle owner who chooses to apply for a special personalized prestige license plate under subdivision (a)(2) of this section shall be required to pay an additional application and renewal fee not to exceed twenty dollars ($20.00).
    2. The use of letters and numbers on a personalized prestige license plate under this section shall be limited by the rules of the Secretary of the Department of Finance and Administration.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, § 4776.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(2).

27-24-1407. Annual report.

  1. A special interest organization that is the sponsor of a special license plate or a special license plate that bears a decal under this subchapter shall prepare and submit an annual accounting report to the Secretary of the Department of Finance and Administration by December 1 of each calendar year.
  2. The report shall include an accounting of the revenues and expenditures associated with the design-use contribution fee charged for the special license plate or the special license plate that bears a decal.
  3. If the special interest organization fails to comply with this section, then the secretary may:
    1. Suspend the issuance of a special license plate or special license plate that bears a decal under this subchapter; or
    2. Suspend the payment of the design-use contribution fee to the special interest organization.

History. Acts 2005, No. 2202, § 1; 2019, No. 910, §§ 4777, 4778.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in the introductory language of (c).

27-24-1408. Realtors special license plate.

  1. The purpose of this section is to continue the eligibility requirements for the issuance of a special license plate for Realtors under § 27-15-5303 [repealed].
    1. The Department of Finance and Administration shall require proof of eligibility for a Realtors special license plate issued under this subchapter.
    2. The applicant shall present proof that he or she is a member in good standing of the National Association of Realtors.
    3. To establish membership in the National Association of Realtors, the applicant shall present his or her membership card.

History. Acts 2007, No. 451, § 2.

27-24-1409. Support Animal Rescue and Shelters special license plate decal.

    1. The Secretary of the Department of Finance and Administration shall issue a special license plate that bears a decal that states “Support Animal Rescue and Shelters” in the manner and subject to the conditions provided under this subchapter.
    2. The procedures regarding costs under § 27-24-1404(c)(1)(A) shall apply.
  1. Any motor vehicle owner annually may apply for and renew a special license plate that bears the decal described in subdivision (a)(1) of this section.
    1. The Department of Finance and Administration shall issue a special license plate that bears the decal under this section upon payment of:
      1. The fee required by law for registration of the motor vehicle;
      2. Payment of twenty-five dollars ($25.00) to cover the design-use contribution; and
      3. Payment of a handling and administrative fee of ten dollars ($10.00).
      1. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      2. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    2. The design-use contribution of twenty-five dollars ($25.00) shall be remitted monthly to the Treasurer of State for deposit into the State Treasury as special revenues for the Animal Rescue and Shelter Trust Fund.
    1. The special license plate that bears a decal issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Treasurer of State for deposit into the State Treasury as special revenues for the Animal Rescue and Shelter Trust Fund.

History. Acts 2009, No. 692, § 2; 2019, No. 910, § 4779.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-24-1410. [Repealed.]

Publisher's Notes. This section, concerning a special license plate for prostate cancer awareness, was repealed by Acts 2015, No. 574, § 2. The section was derived from Acts 2011, No. 830, § 1.

27-24-1411. Little Rock Air Force Base.

  1. The Secretary of the Department of Finance and Administration shall issue a special license plate for the Little Rock Air Force Base in the manner and subject to the conditions provided for under this subchapter.
  2. The special Little Rock Air Force Base motor vehicle license plate shall be:
    1. Designed by the Department of Finance and Administration in consultation with Airpower Arkansas; and
    2. Numbered consecutively.
  3. The secretary shall determine the cost for the issuance of the special license plate under this section as follows:
    1. The fee for the cost of initial orders of the new design, which shall be based on the cost of the initial order;
    2. The number of applications that must be received to cover the cost of the initial order of the new design; or
    3. The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.
  4. The department shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. A fee not to exceed twenty-five dollars ($25.00) for the design-use contribution by Airpower Arkansas.
      2. The department shall remit the fees collected under this subdivision (d)(2) on a monthly basis to Airpower Arkansas; and
    2. A handling and administrative fee of ten dollars ($10.00) that is:
      1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration;
      2. Credited to the division as supplemental and in addition to all other funds deposited for the benefit of the division; and
      3. Not considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to Airpower Arkansas.

History. Acts 2013, No. 407, § 1; 2019, No. 910, §§ 4780, 4781.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in the introductory language of (c).

27-24-1412. Support of Court Appointed Special Advocates.

  1. The Secretary of the Department of Finance and Administration shall issue a special license plate for support of the Arkansas Court Appointed Special Advocates program in the manner and subject to the conditions provided for under this subchapter.
  2. The special motor vehicle license plate shall be:
      1. Designed by the Arkansas State CASA Association.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  3. The secretary shall determine the amount of the costs for the issuance of the special license plate under this section as follows:
    1. The fee for the cost of initial orders of the new design, which shall be based on the cost of the initial order;
    2. The number of applications that must be received to cover the cost of the initial order of the new design; or
    3. The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.
  4. The Department of Finance and Administration shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Arkansas Court Appointed Special Advocates Program Fund to be used for Arkansas Court Appointed Special Advocates Program Fund purposes; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Arkansas Court Appointed Special Advocates Program Fund.

History. Acts 2013, No. 545, § 1; 2019, No. 910, §§ 4782-4784.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b)(1)(B) twice, and in the introductory language of (c).

27-24-1413. [Repealed.]

Publisher's Notes. This section, concerning the Support Law Enforcement special license plate, was repealed by Acts 2017, No. 928, § 2. The section was derived from Acts 2013, No. 586, § 4.

27-24-1414. Arkansas Sheriffs' Association.

  1. The Secretary of the Department of Finance and Administration shall issue a special license plate for the Arkansas Sheriffs' Association in the manner and subject to the conditions provided for under this subchapter.
  2. The association motor vehicle special license plate shall be:
      1. Designed by the association.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The Department of Finance and Administration shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly in the following manner:
        1. Seventy-five percent (75%) shall be remitted to the association; and
        2. Twenty-five percent (25%) to the Fallen Law Enforcement Officers' Beneficiary Fund; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis as set forth in subdivision (d)(2)(B) of this section.

History. Acts 2013, No. 586, § 4; 2019, No. 910, §§ 4785, 4786.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B).

27-24-1415. Children's cancer research.

  1. The Secretary of the Department of Finance and Administration shall create and issue a children's cancer research motor vehicle special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The children's cancer research motor vehicle special license plate shall be:
      1. Designed by the children's cancer research advocates.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The Department of Finance and Administration shall issue a special license plate under this section to a motor vehicle owner upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Arkansas Children's Hospital Foundation Cancer Research Account to be used for research purposes; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the account.

History. Acts 2013, No. 762, § 1; 2019, No. 910, §§ 4787, 4788.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B).

27-24-1416. Arkansas Future Farmers of America.

  1. The Secretary of the Department of Finance and Administration shall create and issue a special license plate for the Arkansas Future Farmers of America Association in the manner and subject to the conditions provided for under this subchapter.
  2. The Arkansas Future Farmers of America motor vehicle special license plate shall be:
      1. Designed by the association.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The Department of Finance and Administration shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the association; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the Revenue Division as supplemental and in addition to all other funds that may be deposited for the benefit of the Revenue Division.
      3. The handling and administrative fee shall not be considered or credited to the Revenue Division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the Revenue Division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis as set forth in subdivision (d)(2)(B) of this section.

History. Acts 2013, No. 1007, § 1; 2019, No. 910, §§ 4789, 4790.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B).

27-24-1417. Arkansas Rice Council.

    1. The Department of Finance and Administration shall create and issue a special license plate for support of the Arkansas Rice Council under this section.
    2. The procedures regarding costs under § 27-24-1404(c)(1)(A) shall apply.
    1. The department shall seek the advice of the council regarding the design of the special license plate under this section.
    2. The council may submit up to three (3) designs to the department for its consideration.
  1. The owner of a motor vehicle may apply for and annually renew a special license plate created by this section.
    1. The department shall issue a special license plate under this section upon payment of:
      1. The fee required by law for registration of the motor vehicle;
      2. Twenty-five dollars ($25.00) to cover the design-use contribution; and
      3. A handling and administrative fee of ten dollars ($10.00).
      1. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      2. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    2. The department shall remit the design-use contribution fee required under subdivision (d)(1)(B) of this section monthly to the council.
    1. The special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the council.

History. Acts 2013, No. 1121, § 1.

27-24-1418. [Repealed.]

Publisher's Notes. This section, concerning the special license plate for pancreatic cancer awareness, was repealed by Acts 2015, No. 859, § 1. The section was derived from Acts 2013, No. 1197, § 1.

27-24-1419. Arkansas Tennis Association license plate.

  1. The Secretary of the Department of Finance and Administration shall issue a special license plate for the Arkansas Tennis Association in the manner and subject to the conditions provided for under this subchapter.
  2. The special association motor vehicle license plate shall be:
      1. Designed by the association.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  3. The secretary shall determine the costs for the issuance of the special license plate under this section as follows:
    1. The fee for the cost of initial orders of the new design, which shall be based on the cost of the initial order;
    2. The number of applications that must be received to cover the cost of the initial order of the new design; or
    3. The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.
  4. The Department of Finance and Administration shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the association to be used for association purposes; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the association.

History. Acts 2013, No. 1250, § 1; 2019, No. 910, §§ 4791-4793.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B) and once in (c).

27-24-1420. Fraternal Order of Police.

  1. The Secretary of the Department of Finance and Administration shall issue a special license plate for the Arkansas State Lodge Fraternal Order of Police in the manner and subject to the conditions provided for under this subchapter.
  2. The Arkansas State Lodge Fraternal Order of Police motor vehicle special license plate shall be:
      1. Designed by the fraternal order.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The Department of Finance and Administration shall issue a special license plate under this section to the owner of a motor vehicle upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the fraternal order; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis as set forth in subdivision (d)(2)(B) of this section.

History. Acts 2013, No. 711, § 1; 2019, No. 910, §§ 4794, 4795.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B).

27-24-1421. [Repealed.]

Publisher's Notes. This section, concerning Rotary International license plates, was repealed by Acts 2015, No. 1130, § 2. The section was derived from Acts 2013, No. 1342, § 2.

27-24-1422. Dr. Martin Luther King, Jr. license plate.

    1. The Secretary of the Department of Finance and Administration shall issue a special license plate in honor of Dr. Martin Luther King, Jr. in the manner and subject to the conditions provided for under this subchapter.
    2. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  1. The special Dr. Martin Luther King, Jr. motor vehicle license plate shall be:
      1. Designed by the Martin Luther King, Jr. Commission.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
    1. Numbered consecutively.
  2. The Department of Finance and Administration shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Fifty dollars ($50.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the commission to be used for commission purposes; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the commission.

History. Acts 2013, No. 1350, § 1; 2019, No. 910, §§ 4796, 4797.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B).

27-24-1423. Autism Awareness.

  1. The Secretary of the Department of Finance and Administration shall create and issue an Autism Awareness motor vehicle special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The Autism Awareness motor vehicle special license plate shall be:
    1. Designed by the Department of Finance and Administration, in consultation with the Arkansas Autism Resource Outreach Center; and
    2. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The department shall issue a special license plate under this section to a motor vehicle owner upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Arkansas Autism Resource Outreach Center to be used exclusively to promote autism awareness program expenses; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Arkansas Autism Resource Outreach Center.

History. Acts 2015, No. 574, § 1; 2019, No. 910, § 4798.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-24-1424. Hospice and palliative care special license plate.

  1. The Secretary of the Department of Finance and Administration shall issue a special motor vehicle license plate for support of hospice and palliative care subject to the conditions provided for under this subchapter.
  2. The special hospice and palliative care motor vehicle license plate shall be:
      1. Designed by the Hospice and Palliative Care Association of Arkansas.
      2. The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and
      1. Except as provided under subdivision (b)(2)(B) of this section, numbered consecutively.
      2. The Department of Finance and Administration may issue a special personalized prestige license plate for support of hospice and palliative care to a person making a request.
  3. The procedures concerning costs for issuance under § 27-24- 1404(c)(1)(A) shall apply to the issuance of a special license plate under this section.
  4. The department shall issue a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Hospice and Palliative Care Association of Arkansas; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis as set forth in subdivision (d)(2)(B) of this section.

History. Acts 2015, No. 859, § 2; 2019, No. 910, §§ 4799, 4800.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” twice in (b)(1)(B).

27-24-1425. Arkansas State Chapter of the National Wild Turkey Federation, Inc.

  1. The Secretary of the Department of Finance and Administration shall create and issue an Arkansas State Chapter of the National Wild Turkey Federation, Inc. special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The Arkansas State Chapter of the National Wild Turkey Federation, Inc. special license plate shall be:
    1. Designed by the Department of Finance and Administration, in consultation with the Board of Directors of the Arkansas State Chapter of the National Wild Turkey Federation, Inc.; and
    2. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The department shall issue a special license plate under this section to a motor vehicle owner upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Board of Directors of the Arkansas State Chapter of the National Wild Turkey Federation, Inc. to be used exclusively to promote the federation's mission in Arkansas; and
      1. A handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      2. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Board of Directors of the Arkansas State Chapter of the National Wild Turkey Federation, Inc.

History. Acts 2015, No. 1130, § 1; 2019, No. 910, § 4592.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-24-1426. Quail Forever special license plate.

  1. The Secretary of the Department of Finance and Administration shall create and issue a Quail Forever special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The Quail Forever special license plate shall be:
    1. Designed by the Department of Finance and Administration, in consultation with the Big Rock Chapter of Quail Forever, a division of Pheasants Forever, Inc.; and
    2. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The department shall issue a special license plate under this section to a motor vehicle owner upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Officer Committee of the Big Rock Chapter of Quail Forever, a division of Pheasants Forever, Inc., to be used exclusively in Arkansas to fund the conservation of quail through habitat improvements, public awareness, education, and land management policies and programs; and
      1. A handling and administrative fee of ten dollars ($10.00) shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the Revenue Division as supplemental and in addition to all other funds that may be deposited for the benefit of the Revenue Division.
      2. The handling and administrative fee shall not be considered or credited to the Revenue Division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the Revenue Division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Officer Committee of the Big Rock Chapter of Quail Forever, a division of Pheasants Forever, Inc.

History. Acts 2017, No. 928, § 1; 2019, No. 910, § 4801.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-24-1427. Little Rock Rangers Soccer Club.

  1. The Secretary of the Department of Finance and Administration shall create and issue a Little Rock Rangers Soccer Club special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The Little Rock Rangers Soccer Club special license plate shall be:
    1. Designed by the Department of Finance and Administration, in consultation with the Little Rock Rangers Soccer Club; and
    2. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The department shall issue a special license plate under this section to a motor vehicle owner upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Board of Directors of the Little Rock Rangers Soccer Club to be used exclusively to promote and support the Little Rock Rangers Soccer Club; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the board.

History. Acts 2017, No. 1050, § 1; 2019, No. 910, § 4802.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-24-1428. Grand Lodge of Arkansas special license plate.

  1. The Secretary of the Department of Finance and Administration shall create and issue a Grand Lodge of Arkansas special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The Grand Lodge of Arkansas special license plate shall be:
    1. Designed by the Department of Finance and Administration in consultation with the Grand Lodge of Arkansas, the ruling body of the Arkansas Masons; and
    2. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The department shall issue a special license plate under this section to a motor vehicle owner upon:
    1. Presentment of a current dues card issued to the motor vehicle owner by the Arkansas Masonic Lodge of Free and Accepted Masons showing he has paid his annual membership dues; and
    2. Payment of:
      1. The fee required by law for registration of the motor vehicle;
        1. Twenty-five dollars ($25.00) to cover the design-use contribution.
        2. The design-use contribution shall be remitted monthly to The Most Worshipful Grand Lodge, Free and Accepted Masons of the State of Arkansas, and its Masonic Jurisdiction to be used exclusively to promote and support the Grand Lodge of Arkansas and the Arkansas Masons; and
        1. A handling and administrative fee of ten dollars ($10.00).
        2. The handling and administrative fee of ten dollars ($10.00) shall be:
          1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
          2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
        3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to The Most Worshipful Grand Lodge, Free and Accepted Masons of the State of Arkansas, and its Masonic Jurisdiction.

History. Acts 2019, No. 578, § 2.

27-24-1429. Prince Hall Grand Lodge of Arkansas special license plate.

  1. The Secretary of the Department of Finance and Administration shall create and issue a Prince Hall Grand Lodge of Arkansas special license plate in the manner and subject to the conditions provided for under this subchapter.
  2. The Prince Hall Grand Lodge of Arkansas special license plate shall be:
    1. Designed by the Department of Finance and Administration in consultation with The Most Worshipful Prince Hall Grand Lodge Free and Accepted Masons, Arkansas Jurisdiction; and
    2. Numbered consecutively.
  3. The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.
  4. The department shall issue a special license plate under this section to a motor vehicle owner upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Most Worshipful Grand Lodge Community Outreach, Inc.; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee of ten dollars ($10.00) shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
    1. A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405.
    2. However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Most Worshipful Grand Lodge Community Outreach, Inc.

History. Acts 2019, No. 578, § 2.

Subchapter 15 — Street Rod Special License Plates

27-24-1501. Purpose.

The purpose of this subchapter is to:

  1. Continue the street rod special license plates that existed before July 31, 2007; and
  2. Make modifications that are necessary to the law because of industry advancements and the growing popularity of street rods.

History. Acts 2007, No. 340, § 1.

27-24-1502. Definitions.

As used in this subchapter:

  1. “Blue dot tail light” means a red lamp installed in the rear of a motor vehicle containing a blue or purple insert that is not more than one inch (1") in diameter;
  2. “Custom vehicle” means a motor vehicle that:
      1. Is at least twenty-five (25) years old and of a model year after 1948; or
      2. Was manufactured to resemble a vehicle twenty-five (25) or more years old and of a model year after 1948; and
      1. Has been altered from the manufacturer's original design; or
      2. Has a body constructed from non-original materials; and
  3. “Street rod” means a motor vehicle that:
    1. Is a 1948 or older vehicle or the vehicle was manufactured after 1948 to resemble a vehicle manufactured before 1949; and
    2. Has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials.

History. Acts 2007, No. 340, § 1.

27-24-1503. Application — Issuance — Renewal — Replacement.

    1. The owner of a street rod or a custom vehicle who is a resident of the State of Arkansas may apply for and annually renew a special license plate or a special license plate that bears a decal that is issued under this subchapter.
    2. The application for registration of a street rod or a custom vehicle under this subchapter shall include an affidavit to be completed by the owner of the street rod or custom vehicle which states that the street rod or custom vehicle:
      1. Will be maintained for occasional transportation, exhibitions, club activities, parades, tours, or similar uses; and
      2. Will not be used for general daily transportation.
    1. An applicant for a special license plate or for a special license plate that bears a decal under this subchapter shall remit to the Office of Motor Vehicle payment of a one-time initial fee of fifty dollars ($50.00) for each street rod or custom vehicle.
    2. An applicant for renewal of a special license plate issued under § 27-15-4003 [repealed] shall not be required to resubmit this initial fee.
  1. The office shall furnish to the owner of a street rod or custom vehicle who complies with the requirements of subsections (a) and (b) of this section a special license plate or special license plate that bears a decal to be displayed on the street rod or custom vehicle in lieu of the usual license plate.
  2. To renew a special license plate or a special license plate that bears a decal issued under this subchapter or under prior law, the owner of the street rod or custom vehicle shall remit an annual fee of twenty-five dollars ($25.00).
    1. To replace a special license plate or a special license plate that bears a decal issued under this subchapter, the owner of the street rod or custom vehicle shall remit to the office a fee of ten dollars ($10.00) if the registration has not expired.
    2. The owner of the street rod or custom vehicle shall remit to the office the fees stated in subsection (d) of this section if the registration has expired.
    1. The fee remitted to the office under subdivision (e) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
    2. The fee shall be credited as supplemental and in addition to all other funds deposited for the benefit of the division.
    3. The fee shall not be considered or credited to the division as direct revenue.
  3. The registration of a special license plate or a special license plate that bears a decal issued under this subchapter may:
    1. Continue from year to year as long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  4. A street rod or custom vehicle shall not be eligible for any other licensing of a motor vehicle except as provided in this subchapter.
  5. The office shall consult with the street rod community and custom vehicle community in the state before changing the design of the special license plate or special license plate decal issued under this subchapter.

History. Acts 2007, No. 340, § 1.

27-24-1504. Titling.

  1. The model year and the year of manufacture that are listed on the certificate of title of a street rod or custom vehicle shall be the model year and year of manufacture that the body of the street rod or custom vehicle resembles.
  2. If a street rod or custom vehicle is a replica or reproduction of an original production vehicle, the certificate of title shall include the term “Replica” in the remarks section.

History. Acts 2007, No. 340, § 1.

27-24-1505. Equipment.

  1. Unless the presence of the equipment was specifically required by the law of this state as a condition of sale in the year listed as the year of manufacture on the certificate of title, the presence of any specific equipment, including without limitation emission controls, is not required for the operation of a street rod or custom vehicle registered under this subchapter.
  2. A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors.

History. Acts 2007, No. 340, § 1.

Subchapter 16 — Department of Parks, Heritage, and Tourism

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1601. Purpose.

The purpose of this subchapter is to:

  1. Authorize the design and issuance of license plates featuring state parks for the Department of Parks, Heritage, and Tourism;
  2. Provide funding to a cash fund to be used by the Department of Parks, Heritage, and Tourism for sponsoring college scholarships in the state parks profession and the state parks education programs; and
  3. Authorize the Department of Finance and Administration to issue, renew, and replace the license plates authorized for the Department of Parks, Heritage, and Tourism.

History. Acts 2011, No. 292, § 1; 2019, No. 910, § 5720.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” throughout the section.

27-24-1602. Special license plates.

    1. The Secretary of the Department of Finance and Administration shall accept requests from the Department of Parks, Heritage, and Tourism to create and issue special license plates under this subchapter.
    2. The Department of Parks, Heritage, and Tourism shall submit with a request for a special license plate a proposed design for the approval of the secretary.
  1. When considering a request from the Department of Parks, Heritage, and Tourism for a special license plate, the secretary shall consider the following factors:
    1. The administrative cost to the Department of Finance and Administration for issuance of a Department of Parks, Heritage, and Tourism special license plate; and
    2. The estimated demand for the special license plate requested by the Department of Parks, Heritage, and Tourism.
    1. If a request submitted under subsection (a) of this section is approved, the secretary shall determine:
      1. The fee for the cost of initial orders of new designs for special license plates that shall be based on the cost of initial orders of new designs for special license plates;
      2. The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or
      3. The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of new designs for special license plates.
      1. The fee remitted under subdivision (c)(1) of this section shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      2. The fee remitted under subdivision (c)(1) of this section shall not be considered or credited to the division as direct revenue.

History. Acts 2011, No. 292, § 1; 2019, No. 910, §§ 4803, 4804.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” and “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” throughout the section.

27-24-1603. Issuance — Renewal — Replacement.

  1. A person who owns a motor vehicle and who is a resident of the state may apply for and renew annually a special license plate under this subchapter.
  2. An applicant shall remit the following fees to obtain a special license plate issued under this subchapter for use on a motor vehicle:
    1. The fee required by law for the registration and licensing of the motor vehicle;
      1. A fee not to exceed twenty-five dollars ($25.00) to cover the design-use contribution by the Department of Parks, Heritage, and Tourism or to cover contributions for fundraising purposes.
      2. The fee remitted under subdivision (b)(2)(A) of this section shall be deposited into a cash fund to be used by the Department of Parks, Heritage, and Tourism for the following purposes:
        1. Sponsoring college scholarships related to the field of conservation; and
        2. Providing conservation education programs; and
      1. A handling and administrative fee in the amount of ten dollars ($10.00).
      2. The fee remitted under subdivision (b)(3)(A) of this section shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
      3. The fee remitted under subdivision (b)(3)(A) of this section shall not be considered or credited to the division as direct revenue.
  3. To renew a special license plate issued under this subchapter, the owner of the motor vehicle shall remit the fees stated in subsection (b) of this section.
  4. To replace a special license plate issued under this subchapter, the owner of the motor vehicle shall remit:
    1. The fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The fees stated in subsection (b) of this section if the registration has expired.
  5. The registration of a special license plate under this subchapter may:
    1. Continue from year to year if it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided in § 27-14-1012.

History. Acts 2011, No. 292, § 1; 2019, No. 910, § 5721.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (b)(2)(A) and (b)(2)(B).

Subchapter 17 — Conservation Districts

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-24-1701. Authorization.

The Secretary of the Department of Finance and Administration shall issue a special license plate for conservation districts in the manner and subject to the conditions provided under this subchapter.

History. Acts 2011, No. 804, § 1; 2019, No. 910, § 4805.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-24-1702. Design — Cost.

  1. The special motor vehicle license plate for conservation districts shall:
    1. Be designed by the Department of Finance and Administration in consultation with the Arkansas Association of Conservation Districts; and
    2. Be numbered consecutively.
  2. The Secretary of the Department of Finance and Administration shall determine the amount of the costs for the issuance of the special license plate under this section as follows:
    1. The fee for the cost of initial orders of the new design that shall be based on the cost of the initial order;
    2. The number of applications that must be received to cover the cost of the initial order of the new design; or
    3. The combination of subdivisions (b)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.

History. Acts 2011, No. 804, § 1; 2019, No. 910, § 4806.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

27-24-1703. Issuance — Renewal — Replacement.

  1. A person who owns a motor vehicle and who is a resident of the state may apply for and renew annually a special license plate under this subchapter.
  2. The Department of Finance and Administration shall issue and renew a special license plate under this section upon payment of:
    1. The fee required by law for registration of the motor vehicle;
      1. Twenty-five dollars ($25.00) to cover the design-use contribution.
      2. The design-use contribution shall be remitted monthly to the Arkansas Association of Conservation Districts to be used to provide education and assistance to landowners concerning the conservation, maintenance, improvement, development, and use of land, soil, water, trees, vegetation, fish, wildlife, open spaces, and other renewable natural resources; and
      1. A handling and administrative fee of ten dollars ($10.00).
      2. The handling and administrative fee shall be:
        1. Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
        2. Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.
      3. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
  3. To replace a special license plate issued under this subchapter:
    1. The owner of the motor vehicle shall remit the fee stated in subdivision (b)(3) of this section if the registration has not expired; or
    2. The owner of the motor vehicle shall remit all fees stated in subsection (b) of this section if the registration has expired.
  4. The registration of a special license plate under this subchapter may:
    1. Continue from year to year so long as it is renewed each year within the time and manner required by law; and
    2. Be renewed as provided under §§ 27-14-1012 and 27-14-1013.
  5. If an owner of a motor vehicle who was previously issued a special license plate under this subchapter fails to pay the fees required in subsection (b) of this section at the time of renewal, the owner shall be issued a permanent license plate as provided under §§ 27-14-1007 and 27-14-1008.
  6. Upon the expiration of the registration of a special license plate under this subchapter, the owner of the motor vehicle may replace the special license plate with:
    1. A permanent license plate under §§ 27-14-1007 and 27-14-1008;
    2. A personalized license plate; or
    3. Any other special license plate that the person is entitled to receive under this chapter.

History. Acts 2011, No. 804, § 1.

27-24-1704. Rules.

The Secretary of the Department of Finance and Administration may promulgate rules for the administration of this subchapter.

History. Acts 2011, No. 804, § 1; 2019, No. 910, § 4807.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Chapters 25-31

[Reserved]

Subtitle 3. Motor Vehicles And Their Equipment

Chapter 32 Inspection of Motor Vehicles

Publisher's Notes. Former Chapter 32, concerning inspection of motor vehicles, was repealed by Acts 1997, No. 974, § 8, effective January 1, 1998. The former chapter was derived from the following sources:

27-32-101. Acts 1967, No. 638, § 1; A.S.A. 1947, § 75-2101; Acts 1989 (3rd Ex. Sess.), No. 86, § 4.

27-32-102. Acts 1967, No. 638, §§ 11, 16; 1969, No. 140, § 1; 1969, No. 143, § 1; 1977, No. 724, § 1; 1979, No. 23, § 1; A.S.A. 1947, §§ 75-2111, 75-2115.

27-32-103. Acts 1967, No. 638, § 9; 1969, No. 146, § 1; 1969, No. 193, § 1; A.S.A. 1947, § 75-2109.

27-32-104. Acts 1967, No. 638, § 2; A.S.A. 1947, § 75-2102.

27-32-105. Acts 1967, No. 638, § 14; 1971, No. 827, § 1; A.S.A. 1947, § 75-2114.

27-32-106. Acts 1967, No. 638, § 12; A.S.A. 1947, § 75-2112.

27-32-107. Acts 1967, No. 638, § 4; 1971, No. 827, § 1; A.S.A. 1947, § 75-2114.

27-32-108. Acts 1967, No. 638, § 13; A.S.A. 1947, § 75-2113; Acts 1995, No. 268, § 4.

27-32-109. Acts 1967, No. 638, § 3; 1969, No. 13, § 1; 1977, No. 729, § 1; A.S.A. 1947, § 75-2103.

27-32-110. Acts 1967, No. 638, §§ 4, 5, 10; 1977, No. 667, §§ 1, 2; A.S.A. 1947, §§ 75-2104, 75-2105, 75-2110; Acts 1989 (3rd Ex. Sess.), No. 86, §§ 5, 6.

27-32-111. Acts 1967, No. 638, § 6; A.S.A. 1947, § 75-2106.

27-32-112. Acts 1967, No. 638, § 5; 1977, No. 667, § 2; 1979, No. 138, § 1; A.S.A. 1947, § 75-2105; Acts 1989 (3rd Ex. Sess.), No. 86, § 7; 1993, No. 213, § 1; 1995, No. 614, § 1.

27-32-113. Acts 1967, No. 638, § 7; A.S.A. 1947, § 75-2107.

27-32-114. Acts 1967, No. 638, § 8; A.S.A. 1947, § 75-2108.

27-32-115. Acts 1967, No. 638, § 14; 1971, No. 827, § 1; A.S.A. 1947, § 75-2114.

27-32-116. Acts 1967, No. 638, § 4; 1977, No. 667, § 1; A.S.A. 1947, § 75-2104; Acts 1989 (3rd Ex. Sess.), No. 86, § 8.

27-32-117. Acts 1995, No. 614, § 2.

Effective Dates. Acts 1997, No. 974, § 21: Jan. 1, 1998.

Subchapter 1 — Motor Vehicle Safety

27-32-101. Vehicles to be in safe mechanical condition.

    1. No person shall drive or move any vehicle subject to registration on any highway in this state unless the equipment on the vehicle is in good working order and adjustment as required for the vehicle's safe operation and unless the vehicle is in safe mechanical condition as not to endanger the driver, other occupants of the vehicle, or any other person.
      1. Any law enforcement officer having reason to believe that a vehicle may have safety defects shall have cause to stop the vehicle and inspect for safety defects.
      2. Should the officer determine that the vehicle is defective, he or she shall issue to the operator a safety compliance summons directing the operator to have the defect corrected.
  1. Any certified police officer having reasonable cause to believe that a motor vehicle is unsafe or not equipped as required by law or that the motor vehicle equipment is not in proper adjustment or repair, may require the driver of the motor vehicle to stop and submit the vehicle to an inspection and test as may be appropriate.
  2. In the event that the use of a vehicle in its present condition would, in the reasonable judgment of the officer, endanger the life of any member of the public, the officer may issue to the operator a citation for operating an unsafe vehicle and may require the vehicle to be parked at the owner's expense and not operated until it is made safe.
  3. The intent of this section is to make the vehicle operator aware of any vehicle safety defects and to provide the operator a reasonable opportunity to make necessary repairs without requiring the issuance of a citation which may result in the levying of fines and court costs.

History. Acts 1997, No. 974, § 9; 2015, No. 1158, § 11.

Amendments. The 2015 amendment, in (b), substituted “having” for “upon”, substituted “the motor vehicle equipment” for “its equipment”, and inserted “may” preceding “require”.

Research References

Ark. L. Rev.

T.W. Brown, Recent Developments, Pursuant to the Arkansas Transportation Code, A Police Officer May Stop a Vehicle on the Basis of a Cracked Windshield, 66 Ark. L. Rev. 347 (2013).

Case Notes

Justifiable Stop.

Although § 27-36-216 merely requires at least two stop lamps on an automobile, police officer's stop of vehicle on which two left rear brake lights and one of the two right rear brake lights were functioning was justifiable and lawful. Enzor v. State, 262 Ark. 545, 559 S.W.2d 148 (1977) (decision under prior law).

Language in this section, which states that any law enforcement officer having reason to believe that a vehicle may have safety defects shall have cause to stop the vehicle and inspect for safety defects, indicates that this section concerns more than just “mechanical” deficiencies. Villanueva v. State, 2013 Ark. 70, 426 S.W.3d 399 (2013).

Motion to suppress was properly denied because a traffic stop based on this section was not improper; under the facts of the case, a windshield with a crack running from roof post to roof post across the driver's field of vision was the type of “safety defect” contemplated by subdivision (a)(2)(A) of this section. Moreover, there was nothing to suggest that the stop was based on profiling, deferential treatment was given to the trial court's determination of witness credibility, and the picture of the windshield showed a crack that ran completely across the vehicle from roof post to roof post that appeared to be in a position that would obstruct a driver's vision and impair the structural integrity of the vehicle. Villanueva v. State, 2013 Ark. 70, 426 S.W.3d 399 (2013).

27-32-102. Penalty for operating unsafe vehicle.

Any person found guilty of operating an unsafe vehicle shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250).

History. Acts 1997, No. 974, § 10.

Subchapter 2 — Commercial Use Vehicles [Repealed]

27-32-201. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2003, No. 217, § 4. The section was derived from Acts 1997, No. 974, § 11.

Chapter 33 Vehicle Equipment Safety Compact

27-33-101. Adoption of compact.

The Vehicle Equipment Safety Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

VEHICLE EQUIPMENT SAFETY COMPACT

ARTICLE I Findings and Purposes

  1. The party states find that:
    1. Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare.
    2. There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations, and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.
  2. The purposes of this compact are to:
    1. Promote uniformity in regulation of and standards for equipment.
    2. Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.
    3. To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.
  3. It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

ARTICLE II Definitions

As used in the compact:

  1. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
  2. “State” means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
  3. “Equipment” means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

ARTICLE III The Commission

  1. There is hereby created an agency of the party states to be known as the “Vehicle Equipment Safety Commission” hereinafter called the commission. The commission shall be composed of one (1) commissioner from each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the state which he or she represents. If authorized by the laws of his or her party state, a commissioner may provide for the discharge of his or her duties and the performance of his or her functions on the commission, either for the duration of his or her membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.
  2. The commissioners shall be entitled to one (1) vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.
  3. The commission shall have a seal.
  4. The commission shall elect annually from among its members, a chairman, a vice chairman, and a treasurer. The commission may appoint an executive director and fix his or her duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.
  5. Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.
  6. The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
  7. The commission may borrow, accept, or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.
  8. The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize, and dispose of the same.
  9. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
  10. The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.
  11. The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

ARTICLE IV Research and Testing

The commission shall have power to:

  1. Collect, correlate, analyze, and evaluate information resulting or derivable from research and testing activities in equipment and related fields.
  2. Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.
  3. Contract for such equipment research and testing as one (1) or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.
  4. Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations, or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.

ARTICLE V Vehicular Equipment

  1. In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission, upon due notice, shall hold a hearing or hearings at such place or places as it may determine.
  2. Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations, or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.
  3. Each party state obligates itself to give due consideration to any and all rules, regulations, and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.
  4. The commission shall send prompt notice of its action in issuing any rule, regulation, or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation, or code.
  5. If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation, or code. In such event, the commissioner of such party state shall submit any commission rule, regulation, or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.
  6. Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall, in accordance with its constitution or procedural laws adopt the rule, regulation, or code within six (6) months of the sending of the notice, and, upon such adoption, the rule, regulation, or code shall have the force and effect of law therein.
  7. The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation, or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation, or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.

ARTICLE VI Finance

  1. The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.
  2. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third (1/3) in equal shares and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.
  3. The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
  4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.
  5. The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
  6. Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VII Conflict of Interest

  1. The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale, or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigation, or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment, or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership or relinquishing of status as a member of the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.
  2. Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his or her control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.

ARTICLE VIII Advisory and Technical Committees

The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

ARTICLE IX Entry Into Force and Withdrawal

  1. This compact shall enter into force when enacted into law by any six (6) or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
  2. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE X Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

History. Acts 1965, No. 5, § 1; A.S.A. 1947, § 75-2001.

27-33-102. Executive head defined.

The term “executive head” as used in Article IX(b) of the Vehicle Equipment Safety Compact shall, with reference to this state, mean the Governor.

History. Acts 1965, No. 5, § 9; A.S.A. 1947, § 75-2009.

27-33-103. Legislative findings.

The General Assembly finds that:

  1. The public safety necessitates the continuous development, modernization, and implementation of standards and requirements of law relating to vehicle equipment, in accordance with expert knowledge and opinion;
  2. The public safety further requires that these standards and requirements be uniform from jurisdiction to jurisdiction, except to the extent that specific and compelling evidence supports variation; and
  3. The Commissioner of Motor Vehicles acting upon recommendations of the Vehicle Equipment Safety Commission and pursuant to the Vehicle Equipment Safety Compact, provides a just, equitable, and orderly means of promoting the public safety in the manner and within the scope contemplated by this chapter.

History. Acts 1965, No. 5, § 2; A.S.A. 1947, § 75-2002.

27-33-104. Compact commissioner — Alternate.

  1. The commissioner of this state on the Vehicle Equipment Safety Commission shall be the Commissioner of Motor Vehicles who shall serve during his or her continuance as commissioner.
    1. The commissioner of this state appointed pursuant to this section may designate an alternate from among the officers and employees of his or her agency to serve in his or her place and stead on the Vehicle Equipment Safety Commission.
    2. Subject to the provisions of the Vehicle Equipment Safety Compact and bylaws of the Vehicle Equipment Safety Commission, the authority and responsibilities of the alternate shall be as determined by the commissioner designating the alternate.

History. Acts 1965, No. 5, § 4; A.S.A. 1947, § 75-2004.

27-33-105. Cooperation by state entities.

  1. Within appropriations available therefor, the departments, agencies, and officers of the government of this state may cooperate with and assist the Vehicle Equipment Safety Commission within the scope contemplated by Article III(h) of the Vehicle Equipment Safety Compact.
  2. The departments, agencies, and officers of the government of this state are authorized generally to cooperate with the commission.

History. Acts 1965, No. 5, § 5; A.S.A. 1947, § 75-2005.

27-33-106. Submission of budget.

Pursuant to Article VI(a) of the Vehicle Equipment Safety Compact, the Vehicle Equipment Safety Commission shall submit its budgets to the Chief Fiscal Officer of the State.

History. Acts 1965, No. 5, § 7; A.S.A. 1947, § 75-2007.

27-33-107. Inspection of accounts.

Pursuant to Article VI(e) of the Vehicle Equipment Safety Compact, the Division of Legislative Audit is empowered and authorized to inspect the accounts of the Vehicle Equipment Safety Commission.

History. Acts 1965, No. 5, § 8; A.S.A. 1947, § 75-2008.

27-33-108. Filing of documents — Notices.

  1. Filing of documents as required by Article III(j) of the Vehicle Equipment Safety Compact shall be with the Secretary of State.
  2. Any and all notices required by commission bylaws to be given pursuant to Article III (j) of the compact shall be given to the commissioner of this state.

History. Acts 1965, No. 5, § 6; A.S.A. 1947, § 75-2006.

27-33-109. Approval required for rules and regulations.

Pursuant to Article V(e) of the Vehicle Equipment Safety Compact, it is the intention of this state, and it is provided that no rule, regulation, or code issued by the Vehicle Equipment Safety Commission in accordance with Article V of the compact shall take effect until approved by an act of the General Assembly.

History. Acts 1965, No. 5, § 3; A.S.A. 1947, § 75-2003.

Chapter 34 Child Passenger Protection Act

Effective Dates. Acts 1983, No. 749, § 9: Aug. 1, 1983.

Acts 2003, No. 1776, § 4: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that present law is unclear as to whether seatbelts and safety restraint systems must be properly secured to vehicles; that this law cures that ambiguity; and until this act goes into effect, the safety of children and disabled people riding in motor vehicles may be compromised. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 308, § 6: June 30, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will improve the safety and health of Arkansans; that the changes to the law will qualify the state to receive approximately nine million five hundred thousand dollars ($9,500,000) in federal grant funds to implement highway safety programs; that the deadline for the state to have a primary seatbelt law in place that is effective and enforceable to qualify for the federal grant program is June 30, 2009; and that this act is immediately necessary to secure substantial federal funding and make the roads and highways safer in the state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on June 30, 2009.”

Research References

A.L.R.

Validity of routine roadblocks by the state or local police for purpose of discovery of vehicular or driving violations. 37 A.L.R.4th 10.

U. Ark. Little Rock L.J.

Legislation of the 1983 General Assembly, Juvenile Law, 6 U. Ark. Little Rock L.J. 631.

Legislative Survey, Torts, 8 U. Ark. Little Rock L.J. 607.

27-34-101. Title.

This chapter shall be known as the “Child Passenger Protection Act”.

History. Acts 1983, No. 749, § 1; A.S.A. 1947, § 75-2601.

27-34-102. Legislative intent.

It is the legislative intent that all state, university, county, and local law enforcement agencies, as well as all physicians and hospitals, in recognition of the problems, including death and serious injury, associated with unrestrained children in motor vehicles, conduct a continuing safety and public awareness campaign so as to encourage and promote the use of child passenger safety seats.

History. Acts 1983, No. 749, § 7; A.S.A. 1947, § 75-2607.

27-34-103. Penalty.

  1. Any person who violates this chapter shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
  2. In determining the amount of fine to be assessed under this section, any court hearing the matter shall consider whether, if the offense is for failure to secure the child in a child passenger safety seat properly secured to the vehicle, the child was restrained by some alternative means such as seat safety belts properly secured to the vehicle.
  3. Upon satisfactory proof being presented to the court that the defendant has acquired, purchased, or rented an approved child passenger safety seat as described in § 27-34-104, the court shall assess no more than the minimum fine allowed.

History. Acts 1983, No. 749, § 4; A.S.A. 1947, § 75-2604; Acts 1995, No. 1274, § 1; 2003, No. 1776, § 2.

Cross References. Safety equipment generally, § 27-37-202 et seq.

27-34-104. Requirements.

  1. While operating a motor vehicle on a public road, street, or highway of this state, a driver who transports a child under fifteen (15) years of age in a passenger automobile, van, or pickup truck, other than one operated for hire, shall provide for the protection of the child by properly placing, maintaining, and securing the child in a child passenger restraint system properly secured to the vehicle and meeting applicable federal motor vehicle safety standards in effect on January 1, 1995.
  2. A child who is less than six (6) years of age and who weighs less than sixty pounds (60 lbs.) shall be restrained in a child passenger safety seat properly secured to the vehicle.
  3. If a child is at least six (6) years of age or at least sixty pounds (60 lbs.) in weight, a safety belt properly secured to the vehicle shall be sufficient to meet the requirements of this section.

History. Acts 1983, No. 749, § 2; A.S.A. 1947, § 75-2602; Acts 1995, No. 1274, § 2; 2001, No. 470, § 1; 2003, No. 1776, § 3; 2013, No. 224, § 1.

Amendments. The 2013 amendment rewrote (a).

Cross References. Safety equipment generally, § 27-37-202 et seq.

27-34-105. Exceptions to provisions.

The provisions of this chapter shall not apply when any one (1) of the following conditions exists:

  1. The motor vehicle is being used as an ambulance or other emergency vehicle;
  2. When an emergency exists that threatens:
    1. The life of any person operating a motor vehicle to whom this section otherwise would apply; or
    2. The life of any child who otherwise would be required to be restrained under this chapter; or
  3. If any child who would otherwise be required to be restrained under this chapter is physically unable because of medical reasons to use a child passenger safety seat system or seat safety belt and the medical reasons are certified by a physician who states the nature of the medical conditions as well as the reason the use of a child passenger safety seat system or seat safety belt is inappropriate.

History. Acts 1983, No. 749, § 3; A.S.A. 1947, § 75-2603; Acts 1995, No. 1274, § 3; 2009, No. 308, § 5.

A.C.R.C. Notes. Acts 2009, No. 308, § 1, provided:

“Legislative findings. The General Assembly finds:

“(1) In 2007, five hundred twenty-five (525) people died while riding in passenger vehicles in Arkansas and sixty-five percent (65%) of those who died were not wearing a seat belt;

“(2) In 2007, sixty-one (61) people died after being ejected from their vehicles during a rollover crash because they were not wearing their seat belts; and

“(3) By adopting a primary seat belt law, Arkansas can expect an increase in the use of seat belts by motorists of approximately twelve percent (12%); and

“(4) Adopting a primary seat belt law could save as many as forty-seven (47) lives each year, prevent approximately five hundred four (504) serious injuries each year, and save an estimated one hundred four million dollars ($104,000,000) in economic costs each year; and

“(5) The adoption of the primary seat belt law will entitle the State of Arkansas to receive approximately nine million five hundred thousand dollars ($9,500,000) in federal grant funds to implement highway safety programs.”

Amendments. The 2009 amendment added “to provisions” to the section heading and added “and the medical reasons ... safety belt is inappropriate” at the end of (3).

27-34-106. Effect of noncompliance.

  1. The failure to provide or use a child passenger safety seat shall not be considered, under any circumstances, as evidence of comparative or contributory negligence, nor shall failure be admissible as evidence in the trial of any civil action with regard to negligence.
  2. Neither shall the failure to provide or use a child passenger safety seat be considered, under any circumstances, as evidence in any prosecution for negligent homicide.

History. Acts 1983, No. 749, § 6; 1985, No. 551, § 1; A.S.A. 1947, § 75-2606.

Case Notes

Purpose.

Subsection (a) of this section embodies a policy choice by the legislature not to permit apportionment of damages for failure to use child safety seats. Potts v. Benjamin, 882 F.2d 1320 (8th Cir. 1989).

27-34-107. Arkansas Child Passenger Protection Fund.

    1. A special revenue fund is created which shall be known as the “Arkansas Child Passenger Protection Fund”.
    2. The Arkansas Child Passenger Protection Fund shall consist of:
      1. Seventy-five percent (75%) of all fines that are collected for violations of this chapter, which shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office, to be deposited into the Arkansas Child Passenger Protection Fund; and
      2. Other moneys that may be appropriated, allocated, or donated for the purpose of being placed in the Arkansas Child Passenger Protection Fund.
    1. The Arkansas Highway Safety Program shall earmark at least fifty percent (50%) of the annual expenditures from the Arkansas Child Passenger Protection Fund for the purchase of child passenger safety seats.
    2. If annual funds generated by the Arkansas Child Passenger Protection Fund support the expenditure and if the needs of the program justify the expenditure, the program shall maintain an annual expenditure of at least one hundred thousand dollars ($100,000) for child passenger safety seats.
    3. The child passenger safety seats purchased by the program shall be loaned or rented to hospitals or other groups or individuals, who may lend or rent the child passenger safety seats to others for the purpose of transporting children.
  1. After the expenditures described in subsection (b) of this section, the program shall earmark the balance of moneys in the Arkansas Child Passenger Protection Fund:
    1. To conduct continuing education and public awareness concerning child passenger safety;
    2. To encourage and promote proper use of child safety seats and safety belts; and
    3. For highway safety planning and administration.

History. Acts 1983, No. 749, § 5; A.S.A. 1947, § 75-2605; Acts 1995, No. 1274, § 4; 2003, No. 1765, § 35; 2005, No. 878, § 1; 2005, No. 1934, § 20; 2007, No. 827, § 235.

Cross References. Arkansas Child Passenger Protection Fund, § 19-6-443.

27-34-108. Public safety fund — Creation.

  1. A town or city that collects fines pursuant to this subchapter shall retain twenty-five percent (25%) of the fines collected and deposit them into a fund called the public safety fund, to be used solely for the promotion of public safety.
  2. A district court that is funded solely by the county and collects fines pursuant to this chapter shall retain twenty-five percent (25%) of the fines collected and deposit them into the fund, to be used solely for the promotion of public safety.

History. Acts 2007, No. 827, § 236.

Chapter 35 Size and Load Regulations

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 232 et seq.

C.J.S. 60 C.J.S., Motor Veh., §§ 43, 44.

Subchapter 1 — General Provisions

Effective Dates. Acts 1995, No. 851, § 10: Mar. 31, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly of the State of Arkansas that the current provisions of Arkansas law providing for penalties for overweight violations are wholly inadequate as a deterrent to unlawful movements of overweight vehicles and that only by the immediate implementation of new penalties by this act may this problem be solved. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 331, § 3: Mar. 6, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the economic recession has created an extremely competitive environment for transporting over-length loads of manufactured goods and commodities; that requiring two (2) escort vehicles for over-length loads and imposing additional registration requirements for escort vehicles increases transportation costs for Arkansas' manufacturers and shippers; that other provisions of Arkansas law authorize the Arkansas Highway and Transportation Department to impose escort vehicle requirements and specify escort vehicle standards when issuing and administering permits for loads restricted by law; and this act is immediately necessary because all transportation costs must be kept competitive to keep jobs in Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-35-101. Violations.

It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway, any vehicle of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter.

History. Acts 1937, No. 300, § 139; Pope's Dig., § 6799; Acts 1959, No. 307, § 53; A.S.A. 1947, § 75-801.

Cross References. Penalty for violation of this section, § 27-50-305.

27-35-102. Certain vehicles exempted — Definition.

  1. As used in this subchapter, “emergency vehicle” means a motor vehicle designed to be used under emergency conditions to:
    1. Transport personnel and equipment; and
    2. Support the suppression of fires and mitigation of other hazardous situations.
  2. The provisions of this subchapter governing size, weight, and load shall not apply to emergency vehicles, road machinery, or to implements of husbandry, including farm tractors, temporarily moved upon a highway, or to a vehicle operated under the terms of a special permit issued as provided in this chapter.

History. Acts 1937, No. 300, § 139; Pope's Dig., § 6799; Acts 1959, No. 307, § 53; A.S.A. 1947, § 75-801; Acts 2017, No. 619, § 2.

A.C.R.C. Notes. Acts 2017, No. 619, § 1, provided: “LEGISLATIVE INTENT. It is the intent of the General Assembly to amend current Arkansas law concerning certain size and weight provisions for commercial motor vehicles in order to align with the requirements of the Fixing America's Surface Transportation Act Pub. L. No. 114-94.”

Amendments. The 2017 amendment designated the existing language as (b); added (a); and substituted “emergency vehicles” for “fire apparatus” in (b).

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Applicability.

To the extent that there is a conflict between this section and § 27-35-210, that conflict is irreconcilable and results in a repeal by implication of this section for purposes of farm tractors traveling on highways at night. That is because the Arkansas General Assembly clearly took up the subject matter of permits for farm tractors anew in the more current statute. McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

Implements of Husbandry.

A well-drilling rig would not qualify for the exemption to weight limitations provided for implements of husbandry. Stuart v. State, 263 Ark. 54, 563 S.W.2d 398 (1978).

Conflict between this section and § 27-35-210 was irreconcilable and resulted in a repeal by implication of this section for purposes of farm tractors traveling on highways at night. Therefore, § 27-35-210 required that a permit be obtained for movement of an oversize field sprayer that exceeded the maximum width allowed on Arkansas highways without a permit at night, and the trial court erred in granting summary judgment to the owner of the sprayer on an accident victim's negligence claim against the owner and its employee. Mitchell v. Ramsey, 2011 Ark. App. 9, 381 S.W.3d 74 (2011).

27-35-103. Scope and effect of regulations.

  1. The maximum size and weight of vehicles specified in this chapter shall be lawful throughout this state, and local authorities shall have no power or authority to alter these limitations, except as provided in this chapter.
  2. Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles to be operated upon any highway, for a total period of not to exceed ninety (90) days in any one (1) calendar year, whenever the highway, by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.
    1. The local authority enacting any such ordinance or resolution shall erect, or cause to be erected and maintained, signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby.
    2. The ordinance or resolution shall not be effective unless and until signs are erected and maintained.
    1. Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may also prohibit the operation of trucks or other commercial vehicles or may impose limitations as to the weight thereof on designated highways.
    2. The prohibitions and limitations shall be designated by appropriate signs placed on such highways.
    1. The State Highway Commission shall likewise have authority as granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highways under the jurisdiction of the commission.
    2. The restrictions shall be effective when signs giving notice thereof are erected upon the highway or portion of any highway affected by such resolution.

History. Acts 1937, No. 300, § 139; Pope's Dig., § 6799; Acts 1959, No. 307, § 53; A.S.A. 1947, § 75-801; Acts 1995, No. 851, § 1.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Authority of Highway Engineers.

Position occupied by highway engineer carries with it implied authority to place warning signs limiting loads crossing bridges. Arkansas State Hwy. Comm'n v. Mode, 203 Ark. 179, 157 S.W.2d 53 (1941).

Absent evidence that placing of warning signs limiting loads crossing bridge was unauthorized, there is a presumption that the highway engineer had authority from the State Highway Commission. Arkansas State Hwy. Comm'n v. Mode, 203 Ark. 179, 157 S.W.2d 53 (1941).

Municipal Regulation.

Statutes relating to size and load do not prevent a city from regulating use of its streets by trucks. House v. City of Texarkana, 225 Ark. 162, 279 S.W.2d 831 (1955).

27-35-104. Riding in spaces not for passengers.

  1. No person shall ride on any vehicle upon any portion of the vehicle not designed or intended for the use of passengers.
  2. This section shall not apply to any employee engaged in the necessary discharge of a duty or to persons riding within bodies of trucks in space intended for merchandise.

History. Acts 1937, No. 300, § 141; Pope's Dig., § 6801; A.S.A. 1947, § 75-803.

27-35-105. Projecting loads on passenger vehicles.

No passenger-type vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle nor extending more than six inches (6") beyond the line of the fenders on the right side.

History. Acts 1937, No. 300, § 141; Pope's Dig., § 6801; A.S.A. 1947, § 75-803.

27-35-106. Extension of load beyond vehicle front.

The load upon any vehicle operated alone, or the load upon the front vehicle of a combination of vehicles, shall not extend more than three feet (3') beyond the front wheels of the vehicle or the front bumper of the vehicle if it is equipped with such a bumper.

History. Acts 1937, No. 300, § 142; Pope's Dig., § 6802; A.S.A. 1947, § 75-804.

Case Notes

Cited: C.J. Horner Co. v. Holland, 207 Ark. 345, 180 S.W.2d 524 (1944).

27-35-107. Registration of gross weight.

    1. Upon registering any vehicle under the laws of this state, which vehicle is designed and used primarily for the transportation of property or for the transportation of ten (10) or more persons, the Commissioner of Motor Vehicles may require such information and may make such investigation or test as necessary to enable him or her to determine whether the vehicle may safely be operated upon the highways in compliance with all the provisions of this chapter.
    2. The commissioner shall register every such vehicle for a permissible gross weight not exceeding the limitation set forth in this chapter.
    3. Every such vehicle shall be equipped with brakes as required in §§ 27-37-501 and 27-37-502.
    1. The commissioner shall insert in the registration card issued for every such vehicle the gross weight for which it is registered. If it is a motor vehicle to be used for propelling other vehicles, the commissioner shall separately insert the total permissible gross weight of that motor vehicle and other vehicles to be propelled by it.
    2. The commissioner may also issue a special plate with the gross weight or weights stated thereon which shall be attached to the vehicle and displayed at all times.
    3. A wrecker or tow vehicle shall be required to register only for the gross weight of that wrecker or tow vehicle without inclusion of the weight of the vehicle being towed by the wrecker or tow vehicle. In the registration card issued for a wrecker or tow vehicle, the commissioner shall only insert the total permissible gross weight of the wrecker or tow vehicle.
    1. It shall be unlawful for any person to operate any vehicle or combination of vehicles of a gross weight in excess of that for which registered by the commissioner or in excess of the limitations set forth in this chapter.
    2. In determining the gross weight of a wrecker or tow vehicle, only the gross weight of the wrecker or tow vehicle shall be considered without inclusion of the weight of the vehicle being towed.
  1. The commissioner shall implement rules and regulations issued by the Secretary of Transportation pertaining to federal use tax payments.

History. Acts 1937, No. 300, § 146; Pope's Dig., § 6806; Acts 1939, No. 340, § 1; 1983, No. 7, § 5; A.S.A. 1947, § 75-809; Acts 1995, No. 851, § 2; 2007, No. 1412, § 4.

27-35-108. Authority to weigh vehicles and require removal of excess loads.

    1. Any police officer having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing, by means of either portable or stationary scales, and may require that the vehicle be driven to the nearest public scales in the event the scales are within two (2) miles.
    2. The provisions of this section shall not be applicable to vehicles owned and operated by the State of Arkansas or any city or county of this state.
    1. Whenever an officer, upon weighing a vehicle and load as provided in subsection (a) of this section, determines that the weight is unlawful, the officer may require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of the vehicle to the limit permitted under this chapter.
    2. All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.
  1. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and otherwise comply with the provisions of this section, shall be guilty of a misdemeanor.
  2. It shall also be the duty of county sheriffs or any other state or local police officers to enforce, or to cooperate in enforcing, the weight limits specified in this chapter or authorized on any public way in this state and to prevent overloading of vehicles or other violations of the traffic laws upon the public highways within their respective jurisdictions.

History. Acts 1937, No. 300, § 147; Pope's Dig., § 6807; Acts 1939, No. 340, § 2; 1963, No. 274, § 1; A.S.A. 1947, § 75-810; Acts 1993, No. 1266, § 2; 1995, No. 435, § 1.

A.C.R.C. Notes. Acts 1993, No. 1266, § 1, provided:

“The purpose of this act is to protect our city streets, highways, and citizens of our state. The current number of landfills will be reduced sharply because of the cost and stringent regulations forthcoming. There will be more miles traveled on our streets and highways because of fewer landfills and more transfer stations. The General Assembly has concluded that the increased miles traveled by solid waste trucks must be traveled as safely as possible. Given these facts, the General Assembly also concluded that these safety factors will reduce wear and tear on our streets and highways by requiring solid waste truck chassis to have more tires on the pavement thereby reducing damage and enhancing safety.”

27-35-109. Liability for damage to highway or structure.

  1. Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any careless, negligent, or illegal operation, driving, or moving of that vehicle, object, or contrivance, or as a result of operation, driving, or moving of any vehicle, object, or contrivance of excessive width or weighing in excess of the maximum weight in this chapter, even though authorized by a special permit issued as provided in § 27-35-210.
  2. Any person driving any vehicle, object, or contrivance upon any highway shall be liable for all damages to structures spanning the highway, or a part of the highway, by reason of load heights in excess of that which the structure will permit, when the clearance height of the structure is posted, and in any event where the height of the vehicle and load is in excess of thirteen feet six inches (13' 6").
  3. Whenever the driver is not the owner of the vehicle, object, or contrivance, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage.
  4. Damage may be recovered in a civil action brought by the authorities in control of the highway or highway structure.

History. Acts 1937, No. 300, § 150; Pope's Dig., § 6809; A.S.A. 1947, § 75-812; Acts 1995, No. 851, § 3.

Case Notes

Bridges.

Where a truck driver deliberately ignored warning signs and drove on bridge, knowing that he had a load in excess of the maximum provided in the signs, his action in doing so was, in itself, negligence for which he and his employer would be liable for actual damage to the bridge. Arkansas State Hwy. Comm'n v. Mode, 203 Ark. 179, 157 S.W.2d 53 (1941).

The fact that others violated a load limit sign on bridge did not relieve defendant of liability for collapse of bridge due to excessive weight of truck. Arkansas State Hwy. Comm'n v. Mode, 203 Ark. 179, 157 S.W.2d 53 (1941).

The measure of damages for collapse of bridge due to overweight of truck in disregard of warning sign is not the cost of replacing the bridge but the actual damage to the old bridge. Arkansas State Hwy. Comm'n v. Mode, 203 Ark. 179, 157 S.W.2d 53 (1941).

Private Property.

In action for damages to overhanging sign in front of plaintiff's business, defendant could not defend on ground that subsection (b) of this section required the sign to be 12 feet 6 inches above the roadway and, therefore, action could not be brought under this section, since this section has no applicability to private property located away from the edge of the roadway. C.J. Horner Co. v. Holland, 207 Ark. 345, 180 S.W.2d 524 (1944).

27-35-110. Spilling loads on highways prohibited — Covers required for loads of sand, gravel, and rock — Exceptions.

  1. No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom.
  2. Sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.
  3. For a motor vehicle or a trailer with an open bed manufactured after September 30, 2001, no sand, gravel, or rock shall be transported on the paved public streets and highways of this state in a motor vehicle or trailer with an open bed unless the open bed is securely covered with a material which will prevent the load from dropping, sifting, leaking, or otherwise escaping therefrom. The cover shall be securely fastened to prevent the covering from becoming loose, detached, or in any manner a hazard to other users of the highway.
  4. For a motor vehicle or a trailer with an open bed manufactured on or before September 30, 2001, a vehicle with an open bed transporting sand, gravel, or rock is required to be covered as prescribed in subsection (c) of this section unless six inches (6") of freeboard is maintained at the perimeter of the load within the open bed of the vehicle or trailer carrying the load. Measurements are to be taken at the perimeter of the vehicle's or trailer's bed and measured from the top edge of the bed down to the sand, gravel, or rock being transported.

History. Acts 1937, No. 300, § 143; Pope's Dig., § 6803; A.S.A. 1947, § 75-805; Acts 1997, No. 425, § 1; 2001, No. 1706, § 1.

Case Notes

Instructions.

It was error to instruct the jury that a violation of this section, although not necessarily negligence, was evidence of negligence, to be considered by the jury along with all the other facts and circumstances of the case, where the injury complained of was caused by oil leaking from a tank truck and rendering the highway slippery and the evidence was that the leaking was caused not by the manner in which the truck was constructed or loaded but by the opening of the unloading valve. CRT, Inc. v. Dunn, 248 Ark. 197, 451 S.W.2d 215 (1970).

Railroads.

Since devices used exclusively upon stationary rails or tracks are excepted from the term “vehicle,” a pedestrian who slipped on a yellow substance similar to feed while he was walking along a state highway railroad crossing could not base an action against the railroad upon this section. Bowie v. Missouri Pac. R.R. Co., 262 Ark. 793, 561 S.W.2d 314 (1978).

27-35-111. Trailers and towed vehicles.

    1. When one (1) vehicle is towing another, the drawbar or other connection shall be of sufficient strength to pull all weight towed. The drawbar or other connection shall not exceed fifteen feet (15') from one (1) vehicle to the other, except the connection between any two (2) vehicles transporting poles, pipe, machinery, or other objects of structural nature which cannot readily be diminished.
    2. When one (1) vehicle is towing another, there shall be an additional connection between the vehicles sufficient to hold the vehicle being towed in the event the drawbar or other regular connection should break or become disconnected.
    3. When one (1) vehicle is towing another and the connection consists of a chain, rope, or cable, there shall be displayed upon the connection a white flag or cloth not less than twelve inches (12") square.
    4. The provisions of this subsection shall not apply to the drawbar or other connection between a motor vehicle and a pole or pipe dolly.
    1. No person shall operate a vehicle towing another when the towed vehicle swerves from side to side dangerously or unreasonably or fails to follow substantially in the path of the towing vehicle.
    2. No person shall occupy any house trailer while it is being moved upon the highway.

History. Acts 1937, No. 300, § 144; Pope's Dig., § 6804; Acts 1959, No. 307, § 39; A.S.A. 1947, § 75-806.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Cited: National Trailer Convoy, Inc. v. Chandler Trailer Convoy, Inc., 233 Ark. 887, 349 S.W.2d 672 (1961).

27-35-112. Towing vehicles licensed in other states.

    1. A vehicle licensed in another state for use as a wrecker or similar towing vehicle may be used to tow an automobile or truck in this state only if:
      1. The wrecker or similar towing vehicle licensed in another state is requested by the owner or operator of the vehicle to be towed;
      2. The vehicle is not being towed as a result of a collision that occurred within this state; and
      3. The vehicle is being towed:
        1. In either direction across the border between Arkansas and a neighboring state; or
        2. Through Arkansas in transit to another state.
    2. Subdivision (a)(1) of this section shall not apply to a vehicle used as a wrecker or similar towing vehicle if the vehicle:
      1. Is licensed in an incorporated city or town in a state adjoining an Arkansas city or incorporated town that is divided by a state line; and
      2. The city or town in the adjoining state is of greater population than the Arkansas city or town.
    1. The owner or operator of any wrecker or similar towing vehicle licensed in another state that is used to tow any automobile or truck in this state in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined at least one hundred dollars ($100) but not more than one thousand dollars ($1,000).
    2. Each violation shall constitute a separate offense.
  1. The Arkansas Towing and Recovery Board may promulgate rules for the enforcement of this section, including the imposition of civil penalties as set forth in § 27-50-1204.

History. Acts 1979, No. 430, § 1, 2; A.S.A. 1947, §§ 75-806.1, 75-806.2; Acts 2007, No. 607, § 1; 2017, No. 998, § 1; 2019, No. 315, § 3134.

Amendments. The 2017 amendment rewrote (a).

The 2019 amendment deleted “and regulations” following “rules” in (c).

27-35-113. [Repealed.]

Publisher's Notes. This section, concerning the regulation and registration of escort vehicles, was repealed by Acts 2003, No. 331, § 2. The section was derived from Acts 2001, No. 1483, § 2.

Subchapter 2 — Weights and Dimensions

Preambles. Acts 1971, No. 264 contained a preamble which read:

“Whereas, it is necessary to regulate the movement of all mobile home units moved on the highways, roads and streets of this State in excess of 8 feet in width in order to protect the traveling public; and

“Whereas, the interstate and intrastate movement of such mobile home units is now restricted to those mobile home units 12 feet wide or less; and

“Whereas, several manufacturing companies in the State of Arkansas are now manufacturing mobile homes which are wider than 12 feet;

“Now, therefore … .”

Effective Dates. Acts 1955, No. 98, § 11: Feb. 22, 1955. Emergency clause provided: “It has been found and determined by the General Assembly of the State of Arkansas that Act 152 of 1953 has been held unconstitutional and void by the Chancery Court of Pulaski County, Arkansas; that the previous laws relating to the subject of this Act are wholly inadequate to properly regulate and control the operation of large vehicles on the roads and highways of the State of Arkansas, and to properly protect said roads and highways; and that there is an immediate and urgent need for the regulation and control of such vehicles and the protection of said roads and highways. Therefore, an emergency is declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in full force from and after the date of its passage and approval.”

Acts 1955, No. 192, § 2: Mar. 14, 1955. Emergency clause provided: “It is hereby determined by the General Assembly that the charges established in Act 98 of 1955 for special overloading permits are wholly inadequate and inequitable, and that the immediate passage of this Act is necessary to establish a system of reasonable charges which will reimburse the State for the damage which is estimated to result to the State's highways as a result of such overloading. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1963, No. 78, § 6: Feb. 22, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws governing maximum vehicle length and maximum vehicle weights are imposing extreme hardships upon trade and commerce and are discriminating against Arkansas vehicles traveling in other states, thereby imposing financial hardship upon Arkansas residents; that the maximum weight laws presently in effect permit excessive loads on the front steering axle of vehicles thereby endangering the public safety, and that immediate action is necessary to correct the aforegoing situations. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1965, No. 17, § 4: Feb. 1, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of Subsection (c) of Section 5 of Act 98 of 1955 as amended by Section 3 of Act 78 of 1963, has worked an undue hardship upon a number of highway users in this State, and that considerable confusion has arisen over the enforcement of said subsection; and, that in order to clarify the provisions of said subsection, and in order that legitimate commerce shall not be stifled or handicapped in the enforcement of such Act, it is immediately necessary that correction thereof be made for the purpose of clarifying the enforcement of said Act, and the application thereof to many highway users in this State, therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1965 (1st Ex. Sess.), No. 45, § 3: June 10, 1965. Emergency clause provided: “It has been found and determined by the General Assembly of Arkansas that the exemption provided in Subsection (a) of Section 6 of Act 98 of 1955, as amended by Act 436 of 1965, from the requirement of a permit for the movement of overwidth farm machinery and equipment within a radius of fifty (50) miles, is contrary to certain federal regulations insofar as such exemption is applicable with respect to the movement of such machinery and equipment on the highways in this State designated and known as the National System of Interstate and Defense Highways; that since such exemption is contrary to certain federal regulations it may jeopardize certain federal funds which would otherwise be available for highway construction in this State; and, that it is immediately necessary that this exemption be restricted so as not to apply to the movement of such machinery and equipment on the National System of Interstate and Defense Highways in this State. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1967, No. 109, § 3: Feb. 20, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing laws of this State concerning the overall length of motor vehicles are inadequate and that immediate change in said law is necessary to prevent discrimination with respect to the length of vehicles using the highways of this State, and that the immediate passage of this Act is necessary to correct this situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 103, § 4: Feb. 25, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that many owners of trucks in this State are being subjected to severe penalties with respect to minor overloading of a particular axle or combination of axles on the vehicle; that because of the circumstances requiring the loading of many vehicles in the forest, on the farm, at mines, warehouses and other loading points where vehicular scales are not available, it is often difficult for vehicle operators to determine that the axle load is always within the strict limitations of the law; and that the immediate passage of this Act is necessary to establish lawful tolerances which shall be allowed in enforcement of the laws covering maximum axle loads thereby relieving truck operators in this State of undue harassment, fines and penalties. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 97, § 4: Feb. 15, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of Subsection (c) of Section 5 of Act 98 of 1955, as amended by Section 3 of Act 78 of 1963, has worked an undue hardship upon a number of users of special mobile equipment in this State and in order that such highway users not be unduly restricted in desirable and legitimate public and commercial enterprises the immediate passage of this Act is necessary to provide the needed change in the law relating to the maximum weights allowable on front steering axles under special permits. Therefore, an emergency is hereby declared to exist and this Act being necessary for the needed preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 264, § 11: became law without Governor's signature, Mar. 12, 1971. Emergency clause provided: “It has been found and it is declared by the General Assembly of Arkansas that the laws governing the movement of mobile home units interstate and intrastate are inadequate and place undue restrictions on the movement of such units, that the Highway Department should have the authority to designate the highways and specify conditions under which certain mobile home units may be moved in order to facilitate their movement in a safe manner and develop the mobile home industry in Arkansas; and that the immediate passage of this Act is necessary to provide needed changes in the law relating to the moving of mobile home units in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the needed preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 431, § 3: Mar. 16, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the fuel shortage in this country makes it desirable that goods be moved in the most economic manner feasible; that the extension of the maximum length of trucks used on highways of this State would promote fuel economy and would make the transportation of commodities more economical; that this Act is designed to authorize trucks of additional length to operate on public highways and to thereby promote fuel economy and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 304, § 3: Mar. 4, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present restriction of a maximum eight (8) foot width for passenger buses is inequitable and obsolete, and that this Act is immediately necessary to make the law conform to modern standards of passenger bus construction. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 807, § 3: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law relating to special permits for the movement of overlength cranes is unduly restrictive in that a separate permit must be requested for each movement or for any movements within a period of six (6) consecutive days, within the same county; that such restriction places a severe hardship on crane operators in that such equipment cannot be readily moved to accommodate urgent requests for use of the equipment; that this Act is designed to provide for the issuance of an annual permit for the movement of such cranes for a period of one (1) year, and within a thirty-five (35) mile radius of the point of origin of such movement, and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 7, § 7: Jan. 31, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present maximum weight limits for vehicles operated upon certain highways in the state are unduly restrictive and result in unnecessary costs for transportation of goods and in the unnecessary consumption of fuel; that this Act is designed to increase maximum weights for vehicles on those highways in the state that are designed to support the greater weight while at the same time protecting those highways that are not adequate to support the heavier vehicles; that the increase of maximum truck weights on the main arteries of commerce in the state is essential to the continued growth and development of the state and that this act should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after this bill is signed by the Governor.”

Acts 1983, No. 580, § 4: Mar. 21, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that vehicles hauling animal feed for consumption in this State should be permitted a variance above the allowable gross weight otherwise provided by law and that vehicles hauling sand, gravel, rock or crushed stone should be exempt from the Federal Bridge Formula on non-interstate highways and this Act is immediately necessary to grant such exemptions and variances. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 685, § 6: emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current highway-user tax and fee structure does not allocate highway costs in an equitable manner among the various classes of highway users, and that the increased weight limits enacted by this Assembly will jeopardize the investment in the State's highways necessitating the annual expenditure of additional monies to negate such damage; and that only by the immediate passage of this Act may highway-user taxes and fees be adjusted to more equitably equalize the allocation of highway costs among the various classes of highway users and provide vitally needed additional funds to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1983.”

Acts 1985, No. 337, § 3: Mar. 13, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that it should be lawful to transport round bales of hay if the load is not in excess of twelve (12) feet in width upon the public highways and roads of this State, and that this Act is immediately necessary to authorize the same. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 415, § 5: Mar. 19, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that considerable confusion and disagreement have arisen concerning eligibility of vehicles licensed as five axle natural resources vehicles for the eight percent (8%) variance authorized in subsection (g) of Section 5 of Act 98 of 1955, as amended; that it is the purpose and intent of this Act to clarify said subsection (g) in order to assure that such vehicles are eligible for the eight percent (8%) variance; and that some agencies of state government are interpreting Ark. Stat. Ann. 75-201(C)(8) differently than it was intended to be interpreted by the General Assembly and that it is necessary for the General Assembly to reaffirm its long standing policy of allowing natural resource licensees to haul natural resource products at the maximum gross loaded weights permitted to be hauled by any other type of licensee. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 278, § 3: Mar. 17, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present statute granting a weight variance for vehicles hauling unfinished and unprocessed farm products, forest products, and other products of the soil is being misinterpreted by some law enforcement officials; that in order to eliminate the confusion and misinterpretation, clarification of the statute is necessitated; that this act makes such clarification; and that until this act goes into effect, the misinterpretation may continue with the resulting unfair treatment of some farm products haulers. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987 (2nd Ex. Sess.), No. 3, § 12: Oct. 9, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Seventy-fourth General Assembly enacted legislation increasing the maximum weight limit on heavy trucks in this State from 73,280 pounds to 80,000 pounds, and also enacted a Highway Use Equalization Tax law designed to produce additional revenues to help offset the additional cost of constructing and maintaining the State highway system at standards to accommodate the increased truck weight; that a recent decision of the United States Supreme Court involving the axle tax in Pennsylvania has raised questions with respect to the constitutionality of the Highway Use Equalization Tax as imposed by the Seventy-fourth General Assembly; that the loss of such revenues in the event of an adverse court decision would jeopardize the investment in the State's highways, necessitating the annual expenditure of additional monies to negate the damage caused by the increased weight law; and that only by the immediate passage of this Act may Highway User taxes and fees be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 638, § 4: Mar. 17, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the current interpretation of law relating to the operation of five axle vehicles which are granted an eight percent variance under Arkansas Code § 27-35-203(g), when such vehicles are found to be overweight, the fines and penalties are assessed without giving consideration to the eight percent weight variance authorized by law; that this provision of law is inequitable in that less severe penalties are applied to other five axle vehicles which are found to be overweight; that this act is designed to correct this inequitable situation and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 219, § 10: Feb. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that many of the highways, roads and streets in this state are operationally inadequate and immediate steps must be taken to provide additional funds for the maintenance, construction and reconstruction of such highways, roads and streets; that proper maintenance, construction and reconstruction of such highways, roads and streets is essential to the public health, welfare and safety of the people of this state and that only by the immediate passage of this act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after the first day of the first month immediately following its passage and approval.”

Acts 1991, No. 704, § 5: Mar. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that special provisions providing for the permitting of overweight mobile cranes should be incorporated into the laws of this State; that current provisions of those laws result in an inequity as they pertain to the movement of such overweight mobile cranes and that only by the immediate passage of this act may such inequity be negated. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1031, § 6: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that unless subsections (b) and (e) of Arkansas Code § 27-35-203 are amended, thus insuring that Arkansas laws are compatible with federal laws and regulations, federal-aid highway funds accruing to this state will be withheld; that such federal-aid highway funds are essential to the highway, road, and street programs of this state; and that in the event of an extension of the 1991 Regular Session, the delay of the effective date of this act could work irreparable harm upon the proper administration and provision of these essential highway, road, and street programs. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 1231, § 6: Apr. 10, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that unless subsections (b) and (e) of Arkansas Code § 27-35-203 are amended, thus insuring that Arkansas laws are compatible with federal laws and regulations, federal-aid highway funds accruing to this state will be withheld; that such federal-aid highway funds are essential to the highway, road, and street programs in this state; and that in the event of an extension of the 1991 Regular Session, the delay of the effective date of this act could work irreparable harm upon the proper administration and provision of these essential highway, road, and street programs. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Identical Acts 1992 (1st Ex. Sess.), Nos. 68 and 69, § 10: Mar. 20, 1992. Emergency clause provided: “It is hereby found and determined by the General Assembly that a number of farmers in this state have recently purchased vehicles for the purposes of transporting compressed seed cotton from the farm to the market; that unfortunately many such vehicles exceed the current width and length laws of this state and when loaded with such compressed seed cotton at times exceed the current maximum weight laws; that unless the width, length and weight laws of this state are amended, such farmers will suffer a severe economic hardship; that the application for and securance of a special permit from the Arkansas State Highway Commission would result in an unduly cumbersome and burdensome process not only for the farmer but also for the state and that only by the immediate effectiveness of this Act may these problems be solved. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 851, § 10: Mar. 31, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly of the State of Arkansas that the current provisions of Arkansas law providing for penalties for overweight violations are wholly inadequate as a deterrent to unlawful movements of overweight vehicles and that only by the immediate implementation of new penalties by this act may this problem be solved. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 1026, § 6: Apr. 2, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that confusion and disagreement have arisen regarding the enforcement of the safety of operation and equipment regulations of the State Highway Commission with regard to the presentation of certain documents by operators of heavy commercial vehicles and the authority of the enforcement officers of the Commission to place out of service drivers who have either refused to present the required documents or have exceeded the maximum amount of driving time, without any type of rest, in violation of such rules and regulations and, consequently, unless placed out of service at that time, creating an extreme safety hazard to the traveling public; and that it is the purpose of this act to clarify the law to insure that this safety hazard is prevented and that until this act becomes effective such confusion may continue to arise. Additionally, it is hereby found and determined by the General Assembly that the owners and operators of certain types of equipment, which equipment is moved on the highways under special permit from the State Highway Commission generally in a limited number of counties for special uses, are frequently unable to cross county lines, even for a short distance, without procuring an additional permit from that Commission; that there are times when this has created a hardship to the welfare of the citizens of the state, particularly after the onset of severe storms or other disaster; that until this act becomes effective such hardship will continue to exist and it is the intent of this act to abate such hardships. It is further found and determined by the General Assembly that only by the immediate effectiveness of this act may such problems be solved or abated. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1571, § 5: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the movement in international commerce of sealed containerized cargo units from one mode of transportation to another at times necessitates the movement of such containers upon the highways; that the current law does not authorize the movement of such containers upon the highways of this state; that such movement is vital to the economic growth of this state by enhancing the availability of international markets and trade; that until this act becomes effective the citizens of this state will not be able to avail themselves of such markets and trade in a meaningful manner; and that only by the immediate passage and effectiveness of this act may this problem be solved. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 331, § 3: Mar. 6, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the economic recession has created an extremely competitive environment for transporting over-length loads of manufactured goods and commodities; that requiring two (2) escort vehicles for over-length loads and imposing additional registration requirements for escort vehicles increases transportation costs for Arkansas' manufacturers and shippers; that other provisions of Arkansas law authorize the Arkansas Highway and Transportation Department to impose escort vehicle requirements and specify escort vehicle standards when issuing and administering permits for loads restricted by law; and this act is immediately necessary because all transportation costs must be kept competitive to keep jobs in Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 493, § 2: Mar. 19, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the front or steering axle weight limit is too low; that raising the front or steering axle weight limit will enable truck owners and operators to haul loads more efficiently and obtain business that would not otherwise be obtainable; and that this act is immediately necessary to stimulate the economy and prevent the loss of jobs and hauling contracts. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015 (1st Ex. Sess.), Identical Acts Nos. 11 and 12, § 2: June 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that agriculture is one of Arkansas's most important industries; that farmers and other persons engaged in agricultural activities require use of the state highways and roadways to engage in those same agricultural activities; that highways and roadways have by law certain requirements for the motor vehicles that operate on them; that it is incumbent on the state to accommodate farmers and other persons engaged in agricultural activities as much as possible due to the enormous importance placed on the agricultural industries in the state; and that this act is necessary because certain parts of the roadway over the St. Francis Sunken Lands Wildlife Management Area, which may be designated in the future as part of the Interstate Highway System and other routes within the National Highway System, are used by farmers and persons engaged in agricultural activities. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on June 1, 2015.”

Case Notes

Municipal Regulation.

The provisions of this subchapter did not repeal or supersede §§ 14-54-103, 14-55-10114-55-103, or 14-301-101, and city was authorized under those sections to regulate the use of streets by trucks. House v. City of Texarkana, 225 Ark. 162, 279 S.W.2d 831 (1955).

27-35-201. Operating vehicle exceeding size or weight limitations unlawful.

Except as otherwise provided by this subchapter, it shall be unlawful for any person to drive, operate, or move, or for the owner to cause or permit to be driven or moved upon any road or highway within the state, any vehicle, or combination of vehicles, of a size or weight exceeding the limitations stated in this subchapter, or to transport over any road or highway within this state, whether paved or otherwise, any load or loads exceeding the weights or dimensions prescribed by this subchapter.

History. Acts 1955, No. 98, § 1; A.S.A. 1947, § 75-813.

27-35-202. Penalties for overweight vehicles.

    1. Any operator found violating the provisions of this subchapter or any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits an operator to violate these provisions shall be guilty of a misdemeanor.
      1. Upon first conviction, an offender shall be punished by a fine of not more than one hundred dollars ($100).
      2. For a second conviction within one (1) year, an offender shall be punished by a fine of not more than two hundred dollars ($200).
      3. For a third conviction and each successive conviction within one (1) year, an offender shall be punished by a fine of not more than five hundred dollars ($500).
    1. If the weight of the vehicle and load exceeds the maximum as prescribed by this subchapter or the gross weight as provided by a special permit, the operator or any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits such an operator to exceed the weight load provided in this subchapter or as provided by a special permit shall pay in addition a penalty to be computed as follows:
      1. Overweight one thousand pounds (1,000 lbs.) or less, a minimum penalty of ten dollars ($10.00) or a maximum penalty of twenty dollars ($20.00);
      2. Overweight more than one thousand pounds (1,000 lbs.) and not more than two thousand pounds (2,000 lbs.), a minimum penalty of one cent (1¢) per pound of excess weight or a maximum penalty of three cents (3¢) per pound of excess weight;
      3. Overweight more than two thousand pounds (2,000 lbs.) and not more than three thousand pounds (3,000 lbs.), a minimum penalty of two cents (2¢) per pound of excess weight or a maximum penalty of four cents (4¢) per pound of excess weight;
      4. Overweight more than three thousand pounds (3,000 lbs.) and not more than four thousand pounds (4,000 lbs.), a minimum penalty of three cents (3¢) per pound of excess weight or a maximum penalty of five cents (5¢) per pound for each pound of excess weight;
      5. Overweight more than four thousand pounds (4,000 lbs.) and not more than ten thousand pounds (10,000 lbs.), a minimum penalty of four cents (4¢) per pound of excess weight or a maximum penalty of six cents (6¢) per pound for each pound of excess weight; and
      6. Overweight more than ten thousand pounds (10,000 lbs.):
        1. A minimum penalty of eight cents (8¢) per pound of excess weight or a maximum penalty of ten cents (10¢) per pound of excess weight for the first offense during a calendar year;
        2. A minimum penalty of thirteen cents (13¢) per pound of excess weight or a maximum penalty of fifteen cents (15¢) per pound of excess weight for the second offense during a calendar year; and
        3. A minimum penalty of eighteen cents (18¢) per pound of excess weight or a maximum penalty of twenty cents (20¢) per pound of excess weight for the third and subsequent offense or offenses during a calendar year.
    2. Where the operator of an overloaded truck is found to have willfully avoided being weighed at a weigh station in this state, the penalty shall be computed by doubling the otherwise appropriate penalty set out in subdivision (b)(1) of this section.
    1. All fines and penalties shall be collected as provided by law.
    2. All penalties collected shall immediately be transmitted by the authority collecting them to the Treasurer of State.
    3. It shall be mandatory and not within the discretion of the court to assess the penalty provided for.
  1. When any vehicle is found to exceed any weight limitation imposed by this subchapter or the gross weight provided by special permit, the vehicle shall be stopped at a suitable place and remain standing until the overweight shall have been removed or an additional permit obtained as provided in this subchapter.

History. Acts 1955, No. 98, § 8; 1983, No. 685, § 4; A.S.A. 1947, § 75-819; Acts 1987 (2nd Ex. Sess.), No. 3, § 6; 1995, No. 851, § 4; 2005, No. 1934, § 21.

Case Notes

Constitutionality.

Former highway use equalization tax, former Acts 1983, No. 685, violated the Commerce Clause of the United States Constitution in that it cost other truckers more per mile than it cost those based in Arkansas, despite the option, available to all, to pay a flat or per-mile rate or a trip rate. American Trucking Ass'n v. Gray, 295 Ark. 43, 746 S.W.2d 377 (1988), aff'd in part, reversed in part, American Trucking Ass'ns v. Smith, 496 U.S. 167, 110 S. Ct. 2323, 110 L. Ed. 2d 148 (1990).

Refunds.

American Trucking Association class allowed a pro rata refund (after deduction for attorney's fees) of former Highway Use Equalization tax money paid into escrow since August 14, 1987, the date on which the Director of the Arkansas State Highway and Transportation Department was put on notice that the class's claims were likely to succeed. American Trucking Ass'n v. Gray, 295 Ark. 43, 746 S.W.2d 377 (1988), aff'd in part, reversed in part, American Trucking Ass'ns v. Smith, 496 U.S. 167, 110 S. Ct. 2323, 110 L. Ed. 2d 148 (1990).

27-35-203. Single and tandem axle load limits — Definition.

  1. Maximum Single Axle Load. The total gross load imposed on the highway by the wheels of any one (1) single axle of a vehicle shall not exceed twenty thousand pounds (20,000 lbs.).
    1. Maximum Tandem Axle Load. The total gross load imposed on the highway by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle, shall not exceed thirty-four thousand pounds (34,000 lbs.).
    2. No one (1) axle of any such group of two (2) or more consecutive axles shall exceed the load permitted for a single axle.
    1. Maximum Weight on Front or Steering Axle. The maximum weight imposed on the highway by the front or steering axle of a vehicle shall not exceed the amount of the manufacturer's axle weight rating for the front or steering axle or twenty thousand pounds (20,000 lbs.), whichever is less. If the vehicle has no plate attached by the manufacturer providing the axle and gross weight ratings, the maximum weight allowed for the front or steering axle shall be twelve thousand pounds (12,000 lbs.).
    2. The combined maximum weight imposed on the highway by a front or steering axle and any adjacent axle whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart shall not exceed twenty-four thousand pounds (24,000 lbs.).
    3. “Front or steering axle”, for the purposes of this subsection, shall be defined as an axle attached to the front of the vehicle and which is utilized to steer the vehicle on a given path or direction.
    1. Subject to the limit upon the weight imposed upon the highway through any one (1) axle as set forth in subsections (a)-(c) of this section, no vehicle, or combination of vehicles, shall be operated upon the highways of this state when the gross weight is in excess of eighty thousand pounds (80,000 lbs.).
    2. Greater gross weights than permitted may be authorized by special permit issued by competent authority as authorized by law, or lesser gross weights will be required when highways are posted.
    1. No vehicle, or combination of vehicles, shall operate upon any highway in this state when the total gross load imposed on the highway by the wheels of any one (1) single axle of such vehicle or combination exceeds eighteen thousand pounds (18,000 lbs.), nor when the total gross load imposed on the highway by two (2) or more consecutive axles of any such vehicle or combination of vehicles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle or combination of vehicles, exceeds thirty-two thousand pounds (32,000 lbs.), nor when the total gross weight of the vehicle, or combination of vehicles thereof, is in excess of seventy-three thousand two hundred eighty pounds (73,280 lbs.) unless the vehicle, or combination thereof, shall not exceed the value given in Table I corresponding to the distance in feet between the extreme axles of the group, measured longitudinally to the nearest foot.
      1. If the Federal Highway Administration or the United States Congress prescribes or adopts vehicle size or weight limits greater than those prescribed by the Federal-Aid Highway Act of 1956, which limits exceed, in full or in part, the provisions of subsection (a), subsection (b), subsection (c), subsection (d), or subsection (e) of this section, the State Highway Commission shall adopt size and weight limits comparable to those prescribed or adopted by the Federal Highway Administration or the United States Congress and shall authorize the limits to be used by owners or operators of vehicles while the vehicles are using highways within this state.
      2. No vehicle size or weight limit so adopted by the commission shall be less in any respect than those provided for in subsection (a), subsection (b), subsection (c), subsection (d), or subsection (e) of this section.
      1. Vehicles, or a combination of vehicles, transporting products commonly recognized in interstate commerce at gross weights exceeding seventy-three thousand two hundred eighty pounds (73,280 lbs.) shall be permitted direct access across any highway in this state to or from the nearest federal interstate highway or the nearest state primary highway.
      2. Vehicles, or combinations thereof, shall be subject to the limits set forth in subsections (a)-(e) and (g) of this section.
    1. Where more than one (1) highway in this state affords access to or from the point of shipment or receipt within this state, the commission may designate the access route to or from the nearest federal interstate highway or state-designated primary highway.
      1. Vehicles, or combinations of vehicles, which vehicles or combinations of vehicles have a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") used for hauling compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state shall be permitted an eight-thousand-pounds-per-axle variance above the maximum allowable gross axle weight for single and tandem axles set forth in subsections (a) and (b) and subdivision (c)(1) of this section; provided, no such variance for such vehicles from the formula prescribed in subsection (e) of this section, nor from the axle weight nor overall maximum gross weight shall be allowable on federal interstate highways. Provided, further, no vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has only three (3) axles, shall exceed a maximum overall gross weight of seventy thousand pounds (70,000 lbs.) and no such vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has four (4) or more axles, shall exceed a maximum overall gross weight of eighty thousand pounds (80,000 lbs.).
      2. Vehicles, or combinations of vehicles, with five (5) axles and used exclusively by the owner of livestock or poultry for hauling animal feed to the owner's livestock or poultry for consumption in this state shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. A maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.).
      3. Vehicles, or combinations of vehicles, used exclusively for hauling solid waste, as defined by rules promulgated by the commission, shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. However, the maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.).
      1. Vehicles, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall not be required to meet the tandem axle load limits of subsection (b) of this section if the vehicles, or combinations thereof, do not exceed the allowable gross weight permitted by the formula in subsection (e) of this section, plus any variance, and do not exceed a gross weight of eighty thousand pounds (80,000 lbs.).
        1. No tandem axle on any vehicle, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall exceed thirty-six thousand five hundred pounds (36,500 lbs.) under this subsection.
        2. No variance on gross weight or axle shall be permitted on federal interstate highways.
        3. When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall be computed only on the basis of the excess weight over and above the maximum weight for which the vehicle qualifies under the formula prescribed in subsection (e) of this section plus an eight-percent variance.
        4. When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(A) of this section shall be computed only on the basis of the excess weight over and above seventy thousand pounds (70,000 lbs.), including the variance, for a three-axle vehicle, or combination of vehicles, and only on the basis of the excess weight over and above eighty thousand pounds (80,000 lbs.), including the variance, for a vehicle, or combination of vehicles, with four (4) or more axles.
    1. When any axle, including any enforcement tolerance, is overloaded, but the total weight of all axles, including the steering axle, does not exceed the maximum total weight allowed for all axles, including the steering axle, the operator shall be permitted to unload a portion of the load or to shift the load if this will not overload some other axle, without being charged with violating this section and without being required to pay the penalties provided by law.
    2. The maximum axle load provided for in this section is subject to reduction as provided in §§ 27-35-101 — 27-35-103.
    1. A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone and vehicles or combinations of vehicles with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall be exempt from the federal bridge formula found in subsection (e) of this section on noninterstate highways in this state.
      1. A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone shall comply with a tandem axle limit of thirty-four thousand pounds (34,000 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty thousand pounds (80,000 lbs.).
      2. Vehicles, or combinations of vehicles, with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall comply with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty-five thousand pounds (85,000 lbs.).
      3. Provided, no tandem axle shall exceed thirty-four thousand pounds (34,000 lbs.) while operated on the federal interstate highways of this state.
    2. No vehicle, or combination of vehicles, meeting all of the requirements of this subsection, shall be allowed any variance on overall gross weight or axle weight while operating on the federal interstate highways.

Table I GROSS WEIGHTS ALLOWABLE UNDER THE FORMULA CONTAINED IN THE FEDERAL WEIGHT LAW ENACTED JANUARY 4, 1975, THAT ARE APPLICABLE TO VEHICLES OR COMBINATIONS THEREOF IN ARKANSAS Formula W=500 LN N-1 +12N+36 Except that two (2) consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds (34,000 lbs.) each, providing that the overall distance between the first and last axles of the consecutive sets of tandem axles is thirty-six feet (36') or more. W = maximum weight in pounds carried on any group of two (2) or more axles computed to the nearest five hundred pounds (500 lbs.). L = distance in feet between the extremes of any group of two (2) or more consecutive axles. N = number of axles in group under consideration. Distance in feet between the extremes of any group of 2 or more consecutive axles Maximum load in pounds carried on any group of 2 or more consecutive axles 4 axles 5 axles 6 axles 33 74,000 34 74,500 35 75,000 36 75,500 37 76,000 38 77,000 39 77,500 40 78,000 41 73,500 78,500 42 74,000 79,000 43 75,000 80,000 44 75,500 80,000 45 76,000 80,000 46 76,500 80,000 47 73,500 77,500 80,000 48 74,000 78,000 80,000 49 74,500 78,500 80,000 50 75,500 79,000 80,000 51 76,000 80,000 80,000 52 76,500 80,000 80,000 53 77,500 80,000 80,000 54 78,000 80,000 80,000 55 78,500 80,000 80,000 56 79,000 80,000 80,000 57 80,000 80,000 80,000

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History. Acts 1955, No. 98, § 5; 1963, No. 78, § 3; 1965, No. 17, § 1; 1969, No. 103, § 1; 1971, No. 97, § 1; 1973, No. 419, §§ 1, 2; 1983, No. 7, §§ 3, 4; 1983, No. 580, §§ 1, 2; 1985, No. 415, § 1; A.S.A. 1947, §§ 75-817, 75-817.1; Acts 1987, No. 278, § 1; 1987, No. 379, § 1; 1989, No. 638, § 1; 1991, No. 1031, §§ 1, 2; 1991, No. 1139, §§ 1, 4; 1991, No. 1231, §§ 1, 2; 1992 (1st Ex. Sess.), No. 68, §§ 5, 6; 1992 (1st Ex. Sess.), No. 69, §§ 5, 6; 1995, No. 851, §§ 5, 6; 2007, No. 640, §§ 1-4; 2009, No. 493, § 1; 2019, No. 315, § 3135.

Amendments. The 2009 amendment substituted “twenty-four thousand pounds (24,000 lbs.)” for “twenty thousand pounds (20,000 lbs.)” in (c)(2).

The 2019 amendment substituted “rules” for “regulations” in the first sentence of (g)(1)(C).

U.S. Code. The Federal-Aid Highway Act of 1956, referred to in this section, was codified in Title 23 of the United States Code; however, that title has been revised. For current law, see 23 U.S.C. § 101 et seq.

Research References

U. Ark. Little Rock L.J.

Legislation of the 1983 General Assembly, Taxation, 6 U. Ark. Little Rock L.J. 636.

Case Notes

Coal.

Coal is not a form of rock and therefore is not exempt under subsection (i) of this section. Bass v. State, 285 Ark. 341, 686 S.W.2d 441 (1985).

Formula.

Formula in subsection (e) of this section is merely a method by which to determine the maximum weight a given truck can carry legally and not a method by which to determine how much a given truck is carrying at a particular time. Marshall Trucking Co. v. State, 23 Ark. App. 110, 743 S.W.2d 16 (1988).

Violation of Load Limits.

Where two consecutive axles on defendant's rig had a combined weight of 41,500 pounds it was not necessary to charge the defendant under subsection (a) to find him guilty of having a single axle over 20,000 pounds under subsection (b). Taylor v. State, 299 Ark. 392, 773 S.W.2d 431 (1989).

27-35-204, 27-35-205. [Repealed.]

Publisher's Notes. These sections, concerning the compliance with tax on vehicles weighing more than 73,280 pounds and the annual tax on vehicles weighing more than 73,280 pounds, were repealed by Acts 1991, No. 219, § 9. The sections were derived from the following sources:

27-35-204. Acts 1987 (2nd Ex. Sess.), No. 3, § 1.

27-35-205. Acts 1987 (2nd Ex. Sess.), No. 3, §§ 3, 8.

27-35-206. Width of vehicles.

    1. Except as provided in § 27-35-210(p), a vehicle operated upon the highways of this state shall not have a total outside width, unladen or with load, in excess of one hundred two inches (102"), excluding certain safety devices as designated by the state, unless a greater width is authorized by special permit issued by competent authority as provided in § 27-35-210.
      1. Provided, vehicles as defined in § 27-14-104 utilized to transport compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may operate upon all highways of this state, with the exception of federal interstate highways, with widths not exceeding one hundred eight inches (108") without the special permit.
      2. However, the vehicles must be equipped and operated in compliance with the traffic laws of this state as well as all safety rules and regulations of the United States Department of Transportation and the State Highway Commission.
      3. The vehicles utilized to transport compacted seed cotton with widths exceeding one hundred two inches (102"), but not exceeding one hundred eight inches (108"), shall be equipped and operated with both front and rear bumpers if operated individually, or, if operated in combination with other vehicles, shall be equipped with a front bumper on the vehicle furnishing the motive power and with a rear bumper on the rear vehicle operated in that combination.
        1. The vehicles, when operated individually or in combination with other vehicles on the roads, highways, or streets of this state shall be equipped with a sign or placard on the front and on the rear of the vehicle when operated individually, or on the front of the vehicle furnishing the motive power and on the rear of the vehicle operated in combination with the vehicle furnishing the motive power, when operated in combination, indicating that vehicle or combination of vehicles is slow-moving.
        2. The signs or placards shall be of such a size, dimension, and color that it is readily apparent to the traveling public that the vehicle or combination is slow-moving and shall be in accordance with rules to be made and promulgated by the commission.
  1. Any person owning such a vehicle or combination of vehicles found operating the vehicle or combination on the highways, roads, or streets of this state without the required bumpers or without the required signs or placards shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum of not less than three hundred dollars ($300) and not more than three thousand dollars ($3,000).

History. Acts 1955, No. 98, § 2; 1977, No. 559, § 1; 1981, No. 304, § 1; 1983, No. 7, § 1; A.S.A. 1947, § 75-814; Acts 1992 (1st Ex. Sess.), No. 68, § 3; 1992 (1st Ex. Sess.), No. 69, § 3; 2017, No. 650, § 1; 2019, No. 315, § 3136.

Amendments. The 2017 amendment subdivided (a); added “Except as provided in § 27-35-210(p)” in (a)(1); deleted “Additionally” at the beginning of present (a)(2)(C); deleted “Furthermore” at the beginning of present (a)(D)(i); and made stylistic changes.

The 2019 amendment deleted “and regulations” following “rules” in (a)(2)(D)(ii).

Case Notes

Width Restriction.

Subsection (a) of this section provides that no vehicle shall be operated on state highways with a width in excess of 102 inches without a special permit as provided in § 27-35-210; this prohibition deals with width and is not limited to hauling cargo. McMickle v. Griffin, — Ark. —, 254 S.W.3d 729 (2007).

Conflict between §§ 27-35-102 and 27-35-210 was irreconcilable and resulted in a repeal by implication of § 27-35-102 for purposes of farm tractors traveling on highways at night. Therefore, § 27-35-210 required that a permit be obtained for movement of a field sprayer that exceeded the maximum width allowed on Arkansas highways without a permit at night, and the trial court erred in granting summary judgment to the owner of the sprayer on an accident victim's negligence claim against the owner and its employee. Mitchell v. Ramsey, 2011 Ark. App. 9, 381 S.W.3d 74 (2011).

Cited: McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

27-35-207. Height of vehicles.

No vehicle operated upon the highways of this state, unladen or with load, shall exceed a height of thirteen feet, six inches (13' 6"), unless a greater height is authorized by a special permit issued by competent authority as provided in § 27-35-210.

History. Acts 1955, No. 98, § 3; A.S.A. 1947, § 75-815.

27-35-208. Length of vehicles — Definitions.

    1. No single truck operated on the highways of this state, unladen or with load, shall have an overall length in excess of forty feet (40').
    2. Provided, any single truck, unladen or with load, utilized to transport compacted seed cotton from the farm to the first point at which the seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may be operated on the highways of this state with the exception of federal interstate highways with an overall length in excess of forty feet (40') but no more than fifty-five feet (55').
  1. No bus operated on the highways of this state shall have an overall length in excess of forty-five feet (45').
      1. No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer combination or a truck tractor-trailer combination shall have an overall length, unladen or with load, greater than those lengths that were in actual and lawful use in this state on December 1, 1982.
      2. The state shall not establish or enforce any rule which imposes a semitrailer or trailer length limitation of less than fifty-three feet six inches (53' 6") on a semitrailer or trailer unit operating in combination with a truck tractor unit.
      1. No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer-trailer combination shall have an overall length, unladen or with load, in excess of twenty-eight feet (28').
      2. Existing semitrailers or trailers of twenty-eight feet six inches (28' 6") that were in actual and lawful use on December 1, 1982, shall not be prohibited.
    1. The length limitations described in this subsection shall be exclusive of coupling devices, energy conservation devices, and safety devices as provided by federal regulations.
    1. These length limitations shall not apply to:
      1. Vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered; or
      2. Vehicles transporting objects operated at nighttime by a public utility or its agents or by electric or telephone cooperatives or their agents when required for emergency repair of public facilities or properties or when operated under special permit as provided by law.
    2. In respect to night transportation, every vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.
      1. Notwithstanding any other provisions of this subchapter, a combination of vehicles engaged in the transportation of automobiles or other motor vehicles shall be permitted a load extension of four feet (4') beyond the front and six feet (6') beyond the rear of the combination.
      2. This extension shall not be considered in determining the overall length of the combination of vehicles.
      3. The total length of a motor vehicle authorized under subdivision (e)(1)(A) of this section shall not exceed eighty feet (80').
    1. Clearance lights or reflectors on the transported vehicles shall be used to delineate the extension of the load when applicable.
  2. No motor vehicle shall be operated on the highways, roads, or streets of this state with more than two (2) trailing vehicles.
  3. Subsection (a) of this section does not apply to vehicles collecting garbage, rubbish, refuse, or recyclable materials which are equipped with front-end loading attachments and containers provided that the vehicle is actively engaged in the collection of garbage, rubbish, refuse, or recyclable materials. For the purposes of this subsection, the term “actively engaged” shall mean during the actual process of collecting garbage, rubbish, refuse, or recyclable materials with the front-end loading attachment or attachments in the downward position.
    1. The total length of a towaway trailer transporter combination shall not exceed eighty-two feet (82').
    2. As used in this subsection:
      1. “Towaway trailer transporter combination” means a combination of motor vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers that:
        1. Have a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and
        2. Carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers; and
      2. “Trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.

History. Acts 1955, No. 98, § 4; 1963, No. 78, §§ 1, 2; 1967, No. 109, § 1; 1973, No. 153, § 1; 1977, No. 431, § 1; 1983, No. 7, § 2; A.S.A. 1947, § 75-816; Acts 1992 (1st Ex. Sess.), No. 68, § 4; 1992 (1st Ex. Sess.), No. 69, § 4; 1993, No. 1021, § 1; 1997, No. 307, § 1; 2001, No. 1483, § 1; 2003, No. 331, § 1; 2003, No. 850, § 1; 2017, No. 619, §§ 3, 4; 2019, No. 315, § 3137.

A.C.R.C. Notes. Acts 2017, No. 619, § 1, provided: “LEGISLATIVE INTENT. It is the intent of the General Assembly to amend current Arkansas law concerning certain size and weight provisions for commercial motor vehicles in order to align with the requirements of the Fixing America's Surface Transportation Act Pub. L. No. 114-94.”

Amendments. The 2017 amendment, in (e)(1)(A), substituted “four feet (4')” for “three feet (3')” and “six feet (6')” for “four feet (4')”; added (e)(1)(C); and added (h).

The 2019 amendment substituted “rule” for “regulation” in (c)(1)(B).

27-35-209. Forestry machinery exemptions.

  1. Forestry machinery shall be exempt from the width and height limitations imposed by this subchapter, and all other statutes limiting the width and height of vehicles operating upon the state's highways.
  2. This section shall have no application to forest machinery traveling on federal interstate highways.

History. Acts 1981, No. 515, § 1; A.S.A. 1947, § 75-837.

27-35-210. Permits for special cargoes — Definition.

      1. The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight.
      2. The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible.
      3. No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section.
      4. The commission may delegate to other state agencies the authority given in this section to issue special permits.
      1. It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if:
        1. The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle;
        2. The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee;
        3. The vehicle or machinery is either:
          1. Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or
          2. Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and
        4. The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.
      2. Notwithstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, movement of the vehicle or machinery under subdivision (a)(2)(A) of this section is allowed if:
        1. The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015;
        2. The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and
        3. The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System.
      3. It shall not be unlawful nor shall it be necessary to obtain a special permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width.
      4. Notwithstanding the provisions of subdivision (a)(2)(A) of this section, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for farming operations to travel upon the state highways in excess of a fifty-mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements:
        1. The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations;
        2. The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel;
        3. Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless:
          1. The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015;
          2. The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and
          3. The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System;
        4. Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation;
        5. Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and “wide load” signs;
          1. Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy.
          2. Convoys shall pull off the highway at sufficient intervals to allow traffic to pass;
        6. A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and
        7. Permit fees shall be set by the commission.
        1. It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle.
        2. As used in this section, “appurtenance” means:
          1. Awnings and awning support hardware; and
          2. Any appendage that is intended to be an integral part of a motor home or camping trailer.
      1. Except as is otherwise provided for by law, no application shall include nor shall any permit be issued for more than a single continuous movement or operation by one (1) vehicle.
      2. An application may include a request for and a permit may be issued for two (2) or more consecutive movements or operations by a vehicle, all of which shall be executed or performed within six (6) consecutive days and which must be limited to two (2) contiguous counties within the state, which counties must be specified at the time of application.
        1. An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration.
        2. A permit may be issued at a fee of one thousand dollars ($1,000) per year.
        3. The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles.
        1. Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208, and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit.
        2. Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106, but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year.
        1. Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit.
          1. For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100).
          2. For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300).
      1. The permits authorized by this subsection may contain limitations on the speed of operation and the routes of operation as the director may deem necessary for safety to the traveling public.
    1. The permits authorized by this subsection for the overlength vehicle or vehicles shall not affect the other requirements of this section that special permits be obtained for vehicles exceeding other maximum size and weight limitations imposed by law.
  1. The application for any permit shall specifically describe:
    1. The vehicle and the load to be operated or moved;
    2. The origin and destination of the vehicle and load;
    3. The approximate dates within which the operation or movement is to be completed; and
    4. The particular highways for which a permit to operate is requested.
  2. Any agency authorized in this section to issue special permits is authorized:
    1. To issue or withhold the permit based upon the following factors:
      1. The condition and state of repair of the highway involved;
      2. The ability of the highways to carry the overweight or oversized vehicle;
      3. The danger to the traveling public from the standpoint of safety; or
      4. Findings of repeated violations of permits issued under this section as established by properly promulgated and adopted agency rules;
    2. To establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated;
    3. To otherwise limit or prescribe conditions of operation of the vehicles when necessary to assure against damage to the road foundation, surfaces, or structures; and
    4. To require a bond or other security as may be deemed necessary by the agency to compensate for any injury to any roadway or road structure arising out of the operation under the permit.
    1. A charge of seventeen dollars ($17.00) shall be made for each special permit.
    2. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or combination of vehicles, charges shall be made as follows:
    3. In addition to the fees prescribed in subdivisions (e)(1) and (2) of this section, a fee not to exceed five hundred dollars ($500) shall be charged for a vehicle, unladen or with load, whose gross weight is one hundred eighty thousand pounds (180,000 lbs.) or greater.
    1. Each permit shall be carried in the vehicle to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit.
    2. No person shall violate any of the terms or conditions of the special permit.
  3. It shall be the duty of the respective agencies authorized in this section:
    1. To issue the permits provided for in this section;
    2. To collect the fees therefor at the time of the issuance of the permits, except that any applicant may furnish a corporate surety bond guaranteeing the payment of fees for permits as may be issued during any period of time, in accordance with the rules promulgated by the issuing agency; and
    3. To transmit the fees to the Treasurer of State to be credited to the State Highway and Transportation Department Fund.
  4. No fee shall be charged to any federal, state, county, or municipal governmental agency for any permit issued under the provisions of this section when the vehicle involved is public property and the proposed movement is on official business.
    1. The commission is hereby authorized to issue permits for the movement of any overweight mobile construction vehicle or equipment upon highways under the commission's jurisdiction provided that the vehicle or equipment is equipped with pneumatic tires and has been reduced in size and weight until further reduction is impractical.
    2. A charge of seventeen dollars ($17.00) shall be made for each special permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or equipment, charges shall be made as follows:
    1. The commission may issue special permits authorizing the transport of round bales of hay on controlled highways under its jurisdiction provided that the load does not exceed ten feet (10') in width.
    2. The special permits shall be issued without a fee or other charge and shall expire three (3) days after the date of issuance.
    1. The commission is authorized to issue special permits at a charge of one hundred dollars ($100) for a one-year permit for the movement of cross ties from their first point of processing to the point at which they shall undergo creosote processing by five-axle vehicles registered and licensed pursuant to § 27-14-601(a)(3)(G)(ii) where the loaded weight on any tandem axle on the vehicles is greater than the allowable tandem axle limit of thirty-four thousand pounds (34,000 lbs.) provided that the one-way mileage for the trip is no greater than one hundred (100) miles, that no tandem axle weight exceeds thirty-six thousand five hundred pounds (36,500 lbs.), and that no portion of the trip is on any part of the federal interstate highways.
    2. The commission shall issue no more than five (5) special permits to the same person during the same calendar year.
  5. Notwithstanding a provision of law to the contrary and upon application and payment of a permit fee, the commission may issue a special permit per vehicle valid for one (1) single trip to be executed or performed within six (6) consecutive days of the issuance of the permit or for a one-year period along a specified route that authorizes the movement of sealed containerized cargo units upon highways under the commission's jurisdiction subject to the restrictions and conditions deemed appropriate by the commission as contained within this section and the following additional restrictions:
    1. The containerized cargo units must be part of international trade and be moved on the highways due to importation from or exportation to another country;
    2. A copy of the international bill of lading signed by a customs official or an international bill of lading with equipment interchange and inspection report must be submitted to the commission before a single-trip permit may be issued;
    3. For units issued a special permit valid for a one-year period, copies of the international bills of lading for each individual unit signed by a customs official or international bills of lading with equipment interchange and inspection reports for each individual unit must be submitted every thirty (30) days to the commission;
    4. The operators of the units shall at all times have in their possession a copy of the documents as described in subdivision (l)(2) of this section;
    5. All five-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of five (5) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety thousand pounds (90,000 lbs.);
    6. All six-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of six (6) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety-five thousand pounds (95,000 lbs.);
    7. A vehicle operating under a sealed containerized cargo unit permit shall not exceed the legal width, length, or height restrictions as set out in this subchapter;
    8. The payment of the charges for each single-trip special permit shall be ascertained in the manner set out in subsection (e) of this section; and
    9. The payment of the charges for each one-year special permit shall not exceed five thousand five hundred dollars ($5,500).
    1. The commission is authorized to issue special permits to towing businesses for the operation of wreckers or towing vehicles used as emergency vehicles under § 27-36-305(b) when the operation and movement of the vehicle or combination of vehicles exceed the maximum size and weight limitations imposed by law as provided under this subsection.
    2. Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee per wrecker or tow vehicle not to exceed five hundred dollars ($500), the commission, through the director, may issue a special permit valid for one (1) single trip or for a period of one (1) year that authorizes a towing business licensed under § 27-50-1203 to use a wrecker or tow vehicle permitted under this subdivision (m)(2) to move at any time of day or night a vehicle that is disabled or wrecked when that movement:
      1. Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and
      2. Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway rights-of-way to:
        1. The nearest point of storage or repair used by the towing or wrecker company;
        2. The nearest point of storage or repair used by the owner or operator of the vehicle; or
        3. The nearest authorized repair center for the vehicle.
  6. Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement of a semitrailer or trailer unit, unladen or with load, operating in combination with a truck tractor unit, which exceeds the length as provided in § 27-35-208, but not exceeding fifty-seven feet (57').
  7. Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement on state highways of a truck tractor and single semi-trailer combination with five (5) axles hauling animal feed to livestock or poultry, which exceeds the maximum gross weight as provided in § 27-35-203, with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.), and a total gross weight of eighty-five thousand pounds (85,000 lbs.).
    1. Except as provided in subdivision (a)(2)(A) of this section, the commission may issue a special permit valid for one (1) year authorizing the movement of a vehicle hauling farm machinery equipment that exceeds the maximum width authorized under § 27-35-206, but does not exceed twelve feet (12'), if a farm machinery equipment dealer:
      1. Applies to the commission for the special permit; and
      2. Pays a fee not to exceed five hundred dollars ($500) per vehicle authorized under this subdivision (p)(1).
    2. A farm machinery equipment dealer is responsible for the safe routing of a vehicle issued a permit under subdivision (p)(1) of this section, including without limitation ensuring the highways traveled by the vehicle are sufficiently wide for the safety of the vehicle and the traveling public.
    3. The commission may require that a farm machinery equipment dealer provide a bond or other security to compensate the Arkansas Department of Transportation in the event of:
      1. Damage to a highway or a highway structure caused by a vehicle issued a permit under subdivision (p)(1) of this section; or
      2. Costs related to the extrication of a vehicle issued a permit under subdivision (p)(1) of this section from a width-restricted highway or a highway construction or maintenance zone.
    4. A vehicle issued a permit under subdivision (p)(1) of this section shall not exceed the height, length, or weight restrictions required under this subchapter.
    1. The commission may issue a special permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.).
    2. A truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, issued a permit under subdivision (q)(1) of this section shall not exceed the height, length, or width restrictions required under this chapter.
    3. The Arkansas Department of Transportation in coordination with the Department of Agriculture shall promulgate rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit.

On Each Ton, Per Ton or Mileage to Be Traveled is: Fraction Thereof Not more than 100 miles $ 8.00 101 miles to 150 miles, inclusive 10.00 151 miles to 200 miles, inclusive 12.00 201 miles to 250 miles, inclusive 14.00 Over 251 miles 16.00

Click to view table.

Mileage to Be Traveled is: On First 5 Tons, Per Ton or Fraction Thereof On Next 5 Tons, Per Ton or Fraction Thereof On Any Additional Tonnage, Per Ton or Fraction Thereof Not more than 100 miles $1.25 $2.50 $3.75 101 miles to 150 miles, inclusive 2.00 3.50 5.00 151 miles to 200 miles, inclusive 2.50 4.50 6.25 201 miles to 250 miles, inclusive 3.25 5.50 7.50 Over 251 miles 3.75 6.25 8.75

Click to view table.

History. Acts 1955, No. 98, § 6; 1955, No. 192, § 1; 1965, No. 436, § 1; 1965 (1st Ex. Sess.), No. 45, § 1; 1971, No. 32, § 1; 1977, No. 457, § 1; 1981, No. 807, § 1; 1985, No. 337, § 1; A.S.A. 1947, § 75-818; Acts 1991, No. 219, § 5; 1991, No. 704, § 1; 1995, No. 873, § 1; 1997, No. 136, § 1; 1997, No. 1026, § 2; 1997, No. 1156, § 1; 1999, No. 1511, § 1; 1999, No. 1571, § 1; 2005, No. 276, § 1; 2005, No. 1412, § 1; 2007, No. 241, § 1; 2007, No. 639, §§ 1-4; 2009, No. 406, § 2; 2009, No. 567, § 1; 2009, No. 1396, § 1; 2013, No. 1092, § 1; 2013, No. 1267, § 1; 2013, No. 1362, §§ 2, 3; 2015, No. 740, § 1; 2015 (1st Ex. Sess.), No. 11, § 1; 2015 (1st Ex. Sess.), No. 12, § 1; 2017, No. 650, § 2; 2017, No. 707, § 329; 2017, No. 1085, § 1; 2019, No. 315, § 3138; 2019, No. 859, § 1.

A.C.R.C. Notes. Acts 1991, No. 219, § 6, provided:

“The permit fees and penalties collected pursuant to Sections 5 and 6 of this act, and the sections of Arkansas Code which they amend, shall be collected and deposited pursuant to the laws those sections are amending which provide that such fees and penalties be credited to the State Highway and Transportation Department Fund.” Former § 6 of this act was deleted in the legislative process. Sections 5 and 6 of Acts 1991, No. 219, as enacted are codified as §§ 27-35-210(e), 26-56-222(b), and 27-14-601(d), respectively.

Acts 1991, No. 219, § 9, provided:

“Provided, nothing in this act shall be construed to amend, abrogate, modify, or repeal any of the provisions of the ‘Petroleum Storage Tank Trust Fund Act’, Arkansas Code § 8-7-901 et seq., and the fees levied by that act on each gallon of motor fuel or distillate special fuels shall continue to be collected as provided by those Code sections in addition to all taxes and fees imposed by other sections of the Code on such fuel or fuels as well as those additional taxes and fees imposed by this act.”

Acts 2013, No. 1362, § 1, provided:

“(a) The Arkansas State Highway and Transportation Department regularly assesses fees for the issuance of permits, licenses, and for other administrative purposes as part of implementation and administration of statutory duties.

“(b) The purpose of this legislation is to ensure department compliance, to the extent necessary, with the requirements of Act 1159 of 2011 concerning the continuation of issuance of permits, licenses, and for other administrative purposes as part of implementation and administration of statutory duties.”

The 2015 Amendment by No. 740 in present (l)(7) changed “All vehicles” to a “A vehicle” and “must” to “shall” without benefit of mark-up.

Amendments. The 2009 amendment by No. 406 inserted (a)(2)(C)(vii), redesignated the subsequent subdivision accordingly, and made a related change.

The 2009 amendment by No. 567 added “or across one (1) county line” in (l)(2), and made minor stylistic changes.

The 2009 amendment by No. 1396 added (m).

The 2013 amendment by No. 1092 added (n).

The 2013 amendment by No. 1267 added (o).

The 2013 amendment by No. 1362 inserted designations (d)(1)(A) through (d)(1)(C); rewrote the introductory language of (d)(1); and added (d)(1)(D).

The 2015 amendment by No. 740 redesignated and rewrote former (l)(1) as (l); and deleted former (l)(2).

The 2015 amendment by identical Acts 2015 (1st Ex. Sess.), Nos. 11 and 12, rewrote (a)(2)(A); inserted present (a)(2)(B) and redesignated the remaining subdivisions accordingly; inserted “or lessors” in (a)(2)(D)(i); and rewrote (a)(2)(D)(iii).

The 2017 amendment by No. 650 added (p).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2)(D)(iv).

The 2017 amendment by No. 1085 added (q).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (g)(2).

The 2019 amendment by No. 859 inserted “or a truck tractor and semi-trailer-trailer combination” in (q)(1) and (q)(2).

Case Notes

Construction With Other Law.

To the extent that there is a conflict between § 27-35-102 and this section, that conflict is irreconcilable and results in a repeal by implication of § 27-35-102 for purposes of farm tractors traveling on highways at night. That is because the Arkansas General Assembly clearly took up the subject matter of permits for farm tractors anew in the more current statute. McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

Conflict between § 27-35-102 and this section was irreconcilable and resulted in a repeal by implication of § 27-35-102 for purposes of farm tractors traveling on highways at night. Therefore, this section required that a permit be obtained for movement of a field sprayer that exceeded the maximum width allowed on Arkansas highways without a permit at night, and the trial court erred in granting summary judgment to the owner of the sprayer on an accident victim's negligence claim against the owner and its employee. Mitchell v. Ramsey, 2011 Ark. App. 9, 381 S.W.3d 74 (2011).

Exceptions to Permit Requirement

Subdivision (a)(2)(A) of this section sets out exceptions to the permit requirement in § 27-35-206(a), including movement on the highways during daylight hours; subdivision (a)(2)(A) of this section is not limited to situations where cargo is being hauled. McMickle v. Griffin, — Ark. —, 254 S.W.3d 729 (2007).

Jury Instructions.

Decedent died when his vehicle hit the back of a farm tractor on a highway; on appeal, the administratrix of the decedent's estate argued that the tractor owner and the tractor driver failed to obtain a necessary permit. To the extent that this section conflicted with § 27-35-102, this section controlled, and the administratrix was entitled to a jury instruction based on this section. McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

27-35-211. Disposition of fees and penalties.

All fees and penalties collected under the provisions of §§ 27-35-202 and 27-35-210 shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that section for deposit into the State Highway and Transportation Department Fund.

History. Acts 1971, No. 264, § 7; A.S.A. 1947, § 75-834; Acts 2005, No. 1934, § 22; 2015, No. 594, § 1.

Amendments. The 2015 amendment substituted “that section” for “that office” and deleted “there to be used for the operation and maintenance of the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department” at the end.

27-35-212. [Repealed.]

Publisher's Notes. This section, concerning reimbursement for retaliatory tax, was repealed by Acts 1991, No. 219, § 9. The section was derived from Acts 1987 (2nd Ex. Sess.), No. 3, § 7.

27-35-213. Persons permitted to stop and direct traffic.

  1. In addition to the requirements on persons and payloads issued overweight or oversize permits to move on Arkansas highways under § 27-35-210, a person issued an overweight or oversize permit under this subchapter shall be authorized to temporarily stop or halt traffic and safely direct, control, and regulate traffic around the overweight or oversize payload while maneuvering his or her overweight or oversize payloads on or off the public streets or highways.
  2. Provided, however, that no overweight or oversize permitted payload shall ever halt or stop traffic on a public street or highway while maneuvering on or off the street or highway for more than three (3) minutes or stop or halt traffic within five hundred feet (500') from the crest of a hill.

History. Acts 1991, No. 918, § 1.

Subchapter 3 — Manufactured Homes and Houses

Preambles. Acts 1971, No. 264 contained a preamble which read:

“Whereas, it is necessary to regulate the movement of all mobile home units moved on the highways, roads and streets of this State in excess of 8 feet in width in order to protect the traveling public; and

“Whereas, the interstate and intrastate movement of such mobile home units is now restricted to those mobile home units 12 feet wide or less; and

“Whereas, several manufacturing companies in the State of Arkansas are now manufacturing mobile homes which are wider than 12 feet;

“Now, therefore … .”

Effective Dates. Acts 1971, No. 264, § 11: became law without Governor's signature, Mar. 12, 1971. Emergency clause provided: “It has been found and it is declared by the General Assembly of Arkansas that the laws governing the movement of mobile home units interstate and intrastate are inadequate and place undue restrictions on the movement of such units, that the Highway Department should have the authority to designate the highways and specify conditions under which certain mobile home units may be moved in order to facilitate their movement in a safe manner and develop the mobile home industry in Arkansas; and that the immediate passage of this Act is necessary to provide needed changes in the law relating to the moving of mobile home units in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the needed preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 399, § 3: Mar. 14, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the moving of houses upon the public highways of this State is essential in order to provide for the relocation of housing to accommodate the public of this State, and that the establishment of reasonable regulations for the movement of said houses is necessary to protect the public safety, and that the immediate passage of this Act is necessary to accomplish that purpose. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 153, § 8: Feb. 19, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that there has been a substantial increase in the number of manufactured homes being shipped both interstate and intrastate; that in order to alleviate the burden placed on the Department in meeting the demands of this increase, this Act is immediately necessary to authorize these new permit fees. Therefore, an emergency is declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 35, § 4: Nov. 8, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh General Assembly of the State of Arkansas meeting in the Third Extraordinary Session of 1989 that restricting the movement of manufactured homes on the public highways of Arkansas on most Saturdays does not provide the driving public with any greater measure of safety on the highways of Arkansas and serves as an unnecessary and costly burden on the manufactured home industry in Arkansas. Therefore, in order to remove an unnecessary burden on commerce, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

27-35-301. Definitions.

As used in this subchapter:

  1. [Repealed.]
  2. “Insurance” means a policy of liability insurance, the limits of which are one hundred thousand dollars ($100,000) for the first bodily injury or death, three hundred thousand dollars ($300,000) for bodily injury or death for each accident, and one hundred thousand dollars ($100,000) for property damage resulting from the accident;
  3. “Manufactured home unit” means a structure constructed for use as a dwelling, office, or classroom which is more than eight feet (8') in width or sixty feet (60') in length and is capable of being moved upon the highways when combined with a pulling vehicle;
  4. “Overlength” means any manufactured home unit in excess of sixty feet (60') in length;
  5. “Overwidth” means any manufactured home unit in excess of eight feet (8') in width;
  6. “Special permit” means a written permission to move manufactured home units interstate and intrastate on the highways of this state;
  7. “Structures” means a building, either portable or permanent, other than a manufactured home unit, which cannot be disassembled or reduced in size without substantial damage to the structure, and:
    1. Where any person lives or carries on a business or other calling;
    2. Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; or
    3. Which is customarily used for overnight accommodation of persons, whether or not a person is actually present. Each unit of a structure divided into separately occupied units is itself a structure;
  8. “Traveled way” means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes; and
  9. “Width” means the largest overall width of a manufactured home in the traveling mode, including bay windows, roof projections, overhangs, or eaves under which there is no interior space.

History. Acts 1971, No. 264, § 1; 1985, No. 153, § 1; A.S.A. 1947, § 75-828; Acts 1999, No. 780, §§ 1, 2; 2001, No. 990, § 1; 2017, No. 707, § 330.

Amendments. The 2017 amendment repealed (1).

27-35-302. Limitations on movement.

Manufactured home units eight feet (8') or less in width and sixty feet (60') or less in length may be moved on the highways of this state without the procurement of the special permit under this subchapter.

History. Acts 1971, No. 264, § 2; 1985, No. 153, § 2; A.S.A. 1947, § 75-829; Acts 1999, No. 780, § 3.

27-35-303. Rules.

The Arkansas Department of Transportation shall promulgate rules covering the application for, and issuance of, special permits for the safe movement of manufactured home units in accordance with the provisions of this subchapter.

History. Acts 1971, No. 264, § 8; 1985, No. 153, § 6; A.S.A. 1947, § 75-835; Acts 2017, No. 707, § 331; 2019, No. 315, § 3139.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the text.

27-35-304. Special permit to move — Fee.

    1. Manufactured home units may be lawfully moved interstate and intrastate on the highways, roads, and streets of this state by procuring a special permit issued by the Arkansas Department of Transportation.
    2. A permit shall be required for each single continuous movement of each manufactured home unit.
    3. Manufactured home units in excess of sixteen feet six inches (16' 6") in width may be moved upon the public highways of this state by obtaining an emergency permit approved by the department. Factors to be considered in approval of the emergency permit shall include, but not be limited to:
      1. Maximum overall width;
      2. Distance to travel;
      3. Condition of the highway; and
      4. The volume and type of traffic.
    4. No special permit shall be issued for any manufactured home unit exceeding eighteen feet (18') in width.
    1. The rules of the State Highway Commission, with respect to the movement of manufactured homes upon the highways of this state shall be equally applicable to the movement of manufactured homes upon city streets and county roads in this state.
    2. No municipality or county shall require local permits, bonds, fees, or licenses for the interstate or intrastate movement of manufactured homes permitted by the department.
    1. Special permits required under this subchapter may be obtained from any department weigh station or from the central offices of the department, and the department shall charge a fee of seventeen dollars ($17.00) for the permit, provided that the manufactured home unit to be moved does not exceed sixteen feet six inches (16' 6") in width.
    2. The department shall charge a fee of no more than one hundred fifty dollars ($150) if the manufactured home to be moved is greater than sixteen feet six inches (16' 6") in width but does not exceed eighteen feet (18') in width.

History. Acts 1971, No. 264, § 3; 1985, No. 153, § 3; A.S.A. 1947, § 75-830; Acts 1993, No. 1113, § 1; 1999, No. 780, § 4; 2007, No. 639, § 5; 2017, No. 707, § 332; 2019, No. 315, § 3140.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

The 2019 amendment deleted “and regulations” following “rules” in (b)(1).

27-35-305. Issuance of permits.

  1. Special permits shall be issued to any licensed carrier, dealer, or manufacturer who files with the Arkansas Department of Transportation evidence of acceptable insurance coverage.
    1. Persons moving their personal manufactured home units not over twelve feet (12') wide, exclusive of clearance lights, registered to such persons, and not for the purpose of sale, with a truck of not less than one-ton factory rated capacity, equipped with such devices and safety equipment and in compliance with safety regulations as required by the Interstate Commerce Commission as the pulling vehicle, when the driver of a pulling vehicle is experienced in such driving, shall be entitled to a special permit upon a showing of evidence that they have insurance acceptable to the department for, and title to, the manufactured home unit.
    2. The person applying for the permit will be allowed to move his or her manufactured home unit to the first point where a permit may be secured.

History. Acts 1971, No. 264, § 4; 1985, No. 153, § 4; A.S.A. 1947, § 75-831; Acts 2017, No. 707, § 333.

A.C.R.C. Notes. The Interstate Commerce Commission was abolished by the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, and its remaining powers were transferred to the Surface Transportation Board.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-35-306. Times and places for moving overwidth or overlength manufactured homes.

  1. Overwidth or overlength manufactured home units shall be moved on those highways, roads, and streets and at times and under conditions as may be designated by the Arkansas Department of Transportation.
  2. The department shall not issue any permits for the movement of a manufactured home unit over any highway, road, or street, which movement, in the opinion of the department, would endanger the traveling public or would potentially damage any structures or signs on or adjacent to any highway, road, or street.
  3. To the extent that the application of this section to highways which are a part of the national system of interstate and defense highways, as referred to in 23 U.S.C. § 103(d) [repealed], would cause the State of Arkansas to be deprived of any federal funds for highway purposes, then this subchapter, to such extent, shall not be applicable to highways which are a part of the national system of interstate and defense highways.
  4. The designated routes, times, and speeds for the movement shall be clearly shown in the permit.
  5. The acceptance of a permit by an applicant will be considered a clear commitment for compliance with all of the provisions of this subchapter and for compliance with the safety regulations prescribed by the department for such movement.
    1. Overwidth or overlength manufactured home units ten feet (10') or less in width shall not be moved on Sundays or such legal holidays as shall be specified by the department. Additionally, the units shall not be moved on Saturday afternoons, if it is determined by the department that the movement would endanger the safety of the traveling public due to anticipated traffic volumes being greater than normal on the particular highway or section of highway on which the movement is sought to be made, where traffic volumes are anticipated to be greater than normal due to a special event, including, but not limited to, college or university athletic events, or regional or state fairs scheduled for that particular Saturday.
    2. Overwidth or overlength manufactured home units ten feet (10') or more in width shall not be moved on Sundays or such legal holidays as shall be specified by the department. Additionally, the units shall not be moved on Saturdays, if it is determined by the department that the movement would endanger the safety of the traveling public due to anticipated traffic volumes being greater than normal on the particular highway or section of highway on which the movement is sought to be made, where traffic volumes are anticipated to be greater than normal due to a special event, including, but not limited to, college or university athletic events, or regional or state fairs scheduled for that particular Saturday.
    1. On any controlled-access, divided highway with four (4) or more lanes, any manufactured home in excess of fourteen feet nine inches (14' 9") in width shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel behind the manufactured home.
      1. On all other highways, the movement of manufactured homes in excess of twelve feet (12') in width through fourteen feet nine inches (14' 9") in width shall be accompanied by one (1) escort vehicle. The escort vehicle shall travel in front of the manufactured home.
      2. The movement of manufactured homes in excess of fourteen feet nine inches (14' 9") in width shall be accompanied by two (2) escort vehicles. One (1) escort vehicle shall travel in front of the manufactured home, and one (1) escort vehicle shall travel behind the manufactured home.

History. Acts 1971, No. 264, § 5; 1985, No. 153, § 5; A.S.A. 1947, § 75-832; Acts 1989 (3rd Ex. Sess.), No. 35, § 1; 1993, No. 1113, § 2; 1999, No. 780, § 5; 2015, No. 571, § 1; 2017, No. 707, § 334.

Amendments. The 2015 amendment substituted “fourteen feet nine inches (14' 9")” for “fourteen feet six inches (14' 6")” throughout (g).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-35-307. Payment of fees on monthly basis.

  1. Persons posting a surety bond with the Arkansas Department of Transportation in the amount of one thousand dollars ($1,000), payable on default to the State of Arkansas, shall be allowed to pay the fees accruing for permits on a monthly basis.
  2. Should the person fail to pay any sum owing to the department within thirty (30) days after due, the department may execute on the bond.

History. Acts 1971, No. 264, § 6; A.S.A. 1947, § 75-833; Acts 2017, No. 707, § 335.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-35-308. Disposition of fees.

  1. All fees collected under the provisions of this subchapter shall forthwith be deposited into the State Treasury as special revenues.
  2. The net amount shall be credited to the State Highway and Transportation Department Fund, there to be used for the operation and maintenance of the Arkansas Highway Police Division of the Arkansas Department of Transportation.

History. Acts 1971, No. 264, § 7; A.S.A. 1947, § 75-834; Acts 2017, No. 707, § 336.

Amendments. The 2017 amendment added the (a) and (b) designations; and substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-35-309. Transportation of houses and other structures.

  1. Qualified house or structural movers in this state who have met the financial responsibility requirements of the laws of this state and rules of the Arkansas Department of Transportation shall be authorized to move upon the public highways of this state houses and other structures up to and including twenty-eight feet six inches (28' 6") in width, exclusive of roof overhang, upon obtaining a permit as required by law.
    1. If determined to be in the best interest of the state and where special circumstances are shown to exist, houses and other structures having a width in excess of twenty-eight feet six inches (28' 6"), excluding roof overhang, may be moved upon the public highways of this state by obtaining a permit approved by the Director of State Highways and Transportation.
    2. Factors to be considered in approval of the special permit shall include:
      1. Maximum overall width;
      2. Distance to travel;
      3. Condition of the highway; and
      4. The volume or type of traffic.
    1. The State Highway Commission may issue such special rules for the movement of houses and other structures on the highways as the commission deems necessary for the protection of the public safety.
      1. The rules of the commission, with respect to the movement of overwidth, overheight, or overlength loads upon the highways of this state shall be equally applicable to the movement of houses and other structures upon city streets and county roads of this state.
      2. Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses and other structures on city streets and on county roads as they deem appropriate.
  2. The provisions of this section are supplemental to the existing laws of this state pertaining to the moving of houses and other structures upon the public highways of this state and shall repeal only laws, or parts of laws, specifically in conflict with this section.

History. Acts 1965, No. 394, §§ 1, 2; 1975, No. 399, §§ 1, 2; A.S.A. 1947, §§ 75-836, 75-836n, 76-135, 76-136; Acts 2001, No. 990, § 2; 2017, No. 707, § 337; 2019, No. 315, §§ 3141, 3142.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

The 2019 amendment substituted “rules” for “regulations” in (a) and (c)(1); and deleted “and regulations” following “rules” in (c)(2)(A).

27-35-310. Persons permitted to stop and direct traffic.

  1. In addition to the requirements on persons and payloads issued permits to move manufactured homes and houses on Arkansas highways under §§ 27-35-304 and 27-35-309, a person issued a permit to move manufactured homes or houses under this subchapter shall be authorized to temporarily stop or halt traffic and to safely direct, control, and regulate traffic around the manufactured home or house while maneuvering his or her payloads on or off the public streets, highways, or bridges.
  2. Provided, however, that no person moving a permitted manufactured home or house shall ever halt or stop traffic on a public street or highway while maneuvering a manufactured home or house on or off the street or highway for more than three (3) minutes or stop or halt traffic within five hundred feet (500') from the crest of a hill.

History. Acts 1991, No. 918, § 2; 1995, No. 1296, § 94; 1999, No. 780, § 6.

Publisher's Notes. Acts 1995, No. 1296, § 94, inadvertently designated § 27-35-510, rather than § 27-35-310, as the section being amended. Because no § 27-35-510 exists, Acts 1995, No. 1296, § 94 was treated as amending this section.

Chapter 36 Lighting Regulations

A.C.R.C. Notes. References to “this chapter” in subchapters 1 and 3 and §§ 27-36-20127-36-220 may not apply to § 27-36-222, which were enacted subsequently.

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 224 et seq.

Ark. L. Rev.

Torts — Negligence — Failure to Use Safety Devices on Mechanical Apparatus, 15 Ark. L. Rev. 212.

C.J.S. 60A C.J.S., Motor Veh., §§ 537-540.

Subchapter 1 — General Provisions

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

27-36-101. Violations.

It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles, which is in such unsafe condition as to endanger any person or which does not contain those parts, or which is not at all times equipped with lamps in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.

History. Acts 1937, No. 300, § 103; Pope's Dig., § 6760; A.S.A. 1947, § 75-701.

Publisher's Notes. Acts 1937, No. 300, § 103, is also codified as § 27-37-101.

Case Notes

Instructions.

It is not error for a court to tell a jury in the language of this section that it is a misdemeanor for a person to drive a vehicle in unsafe condition. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

It is not error for a court to tell a jury that a violation of this section is evidence of negligence. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

Probable Cause.

Because the law requires two working headlights, there was probable cause for the traffic stop, and the fact that the officer's report was wrong about which headlight was defective went to the weight of the evidence; thus, the trial court's denial of defendant's motion to suppress was not clearly against the preponderance of the evidence. Duff v. State, 2018 Ark. App. 112, 540 S.W.3d 738 (2018).

Unsafe Conditions.

The unsafe condition referred to in this section is not limited to a lack of equipment such as lights; it also includes the continued use of a vehicle whose engine the driver is aware has not been functioning properly. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976).

27-36-102. Exemptions from provisions.

The provisions of this chapter with respect to lamps on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable by this chapter.

History. Acts 1937, No. 300, § 103; Pope's Dig., § 6760; A.S.A. 1947, § 75-701.

Publisher's Notes. Acts 1937, No. 300, § 103, is also codified as § 27-37-102.

Case Notes

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976).

Subchapter 2 — Lighting Requirements Generally

Cross References. Equipment for motorcycles, etc., § 27-20-104.

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1955, No. 158, § 5: Mar. 8, 1955.

Acts 1957, No. 169, § 3: Mar. 6, 1957. Emergency clause provided: “It is hereby found and determined by the General Assembly of this State that the present law limits the number of head lamps on motor vehicles used in this State to two head lamps, that a number of new motor vehicles are being produced with more than two head lamps, that such additional head lamps offer improvements which promote greater visibility while driving at night and thereby reduce accidents, and that the immediate passage of this Act is necessary in order to make the use of such head lamps legal in this State and thereby promote the public peace, safety and welfare. Therefore an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 299, § 3: Mar. 21, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law does not clearly require vehicles manufactured or assembled prior to July 1, 1959 and operated on the highways to be equipped for highway safety and the proper enforcement of the traffic safety laws and regulations of this State. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

27-36-201 — 27-36-203. [Repealed.]

Publisher's Notes. These sections, concerning regulation of lighting devices, revocation of certificate of approval on lighting devices, and the sale or use of lamps and other devices, were repealed by Acts 2017, No. 448, § 32. The sections were derived from the following sources:

27-36-201. Acts 1937, No. 300, § 122; Pope's Dig., § 6782; Acts 1955, No. 158, § 4; A.S.A. 1947, § 75-720.

27-36-202. Acts 1937, No. 300, § 123; Pope's Dig., § 6783; A.S.A. 1947, § 75-721.

27-36-203. Acts 1937, No. 300, § 121; Pope's Dig., § 6781; Acts 1955, No. 158, § 3; A.S.A. 1947, § 75-719.

27-36-204. When lighted lamps required.

    1. Every vehicle, except motorcycles and motor-driven cycles, upon a highway within this state at any time from one-half (½) hour after sunset to one-half (½) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet (500') ahead shall display lighted lamps and illuminating devices as respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated.
      1. Every vehicle, except motorcycles and motor-driven cycles, upon a street or highway within this state shall display lighted lamps and illuminating devices, as respectively required for different classes of vehicles, during any period in which the vehicle's windshield wipers are being used for clearing or cleaning rain, snow, or other precipitation from the windshield because of inclement weather.
        1. No vehicle or the operator of the vehicle shall be stopped, inspected, or detained solely for violations of the requirements of subdivision (a)(2)(A) of this section.
        2. When any vehicle operator is stopped by a law enforcement officer and the law enforcement officer notes that the provisions of subdivision (a)(2)(A) of this section have not been violated, any fine levied against the vehicle operator as a result of being stopped shall be reduced by five dollars ($5.00) as an incentive to comply with the provisions of subdivision (a)(2)(A) of this section.
      2. Any person who violates the provisions of subdivision (a)(2)(A) of this section shall be subject to a fine not to exceed twenty-five dollars ($25.00), and, if a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for a violation hereof, no court costs or other costs or fees shall be assessed.
  1. Every motorcycle and every motor-driven cycle upon a street or highway within this state at any time shall display lighted lamps and illuminating devices as respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated.
  2. Whenever a requirement is declared as to distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, the provisions shall apply during the times stated in subsection (a) of this section in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions, unless a different time or condition is expressly stated.
  3. Whenever a requirement is declared as to the mounted height of lamps or devices, it shall mean from the center of the lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.

History. Acts 1937, No. 300, § 104; Pope's Dig., § 6761; Acts 1959, No. 307, § 41; 1967, No. 295, § 1; A.S.A. 1947, § 75-702; Acts 1995, No. 808, § 1; 1997, No. 356, § 1; 2013, No. 1142, § 6.

Amendments. The 2013 amendment deleted “During the period between sunrise and ending at sunset, the headlamp displayed by a motorcycle or motor-driven cycle may use either a continuous beam or a pulsating beam” at the end of (b).

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

Case Notes

Instructions.

In view of the evidence, it was proper for the court to instruct the jury as to defendant's duty under subsection (a) of this section. Hooten v. De Jarnatt, 237 Ark. 792, 376 S.W.2d 272 (1964).

Cited: Arkansas State Hwy. Comm'n v. Heirs of Ring, 247 Ark. 170, 444 S.W.2d 705 (1969).

27-36-205. Use of parking lights.

  1. No motor vehicle shall be operated on the public streets, highways, or roads of this state while the parking lights or lamps of the motor vehicle are on unless the headlamps are also on.
  2. This section shall not apply to a motor vehicle which is parked.

History. Acts 1991, No. 895, § 1.

Publisher's Notes. Former § 27-36-205, concerning use of parking lights, was repealed by Acts 1987, No. 257, § 1. The former section was derived from Acts 1969, No. 318, § 1; A.S.A. 1947, § 75-702.1.

27-36-206. Lamps on parked vehicles.

  1. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in § 27-36-204, the vehicle shall be equipped with one (1) or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of five hundred feet (500') to the front of the vehicle and a red light visible a distance of five hundred feet (500') to the rear.
  2. Local authorities may provide by ordinance or resolution that no lights need be displayed upon any vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five hundred feet (500') upon the highway.
  3. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

History. Acts 1937, No. 300, § 109; Pope's Dig., § 6769; Acts 1961, No. 7, § 1; A.S.A. 1947, § 75-707.

Case Notes

Evidence of Negligence.

Where truck driver, after engine failed to operate, was unable to move entire truck from highway, his action in turning off truck lights and thereby failing to comply with this section could be considered by jury in considering negligence. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

The jury could find that trailer truck driver's negligence in stopping on the highway created a hazard to oncoming traffic which was increased by his failure to comply with the lighting requirements of this section. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

Where oncoming vehicle strikes car parked off highway, failure of parked car to dim lights as required in subsection (c) of this section is evidence of negligence and can be considered by jury as proximate cause of accident. Riley v. Johnson, 239 Ark. 37, 386 S.W.2d 942 (1965).

27-36-207. Number of driving lamps required or permitted.

  1. At all times specified in § 27-36-204, at least two (2) lighted lamps shall be displayed, one (1) on each side at the front of every motor vehicle, except when the vehicle is parked subject to the regulations governing lights on parked vehicles.
  2. Whenever a motor vehicle equipped with headlamps as required in this subchapter is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of an intensity greater than three hundred candlepower (300 cp), not more than a total of four (4) of any lamps on the front of a vehicle shall be lighted at any one time when on a highway.

History. Acts 1937, No. 300, § 119; Pope's Dig., § 6779; A.S.A. 1947, § 75-717.

Case Notes

Probable Cause.

Because the law requires two working headlights, there was probable cause for the traffic stop, and the fact that the officer's report was wrong about which headlight was defective went to the weight of the evidence; thus, the trial court's denial of defendant's motion to suppress was not clearly against the preponderance of the evidence. Duff v. State, 2018 Ark. App. 112, 540 S.W.3d 738 (2018).

27-36-208. Special restrictions on lamps.

  1. Any lighted lamp or illuminating device upon a motor vehicle, other than headlamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than three hundred candlepower (300 cp) shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five feet (75') from the vehicle.
    1. No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red, blue, or green light visible from directly in front of the center thereof.
    2. This subsection shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this subchapter.
  2. Flashing lights are prohibited except on:
    1. An authorized emergency vehicle;
    2. A school bus;
    3. A funeral procession as provided in § 27-49-113;
    4. Any vehicle as a means of indicating a right or left turn; or
    5. Any vehicle as a means of indicating the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, or passing.

History. Acts 1937, No. 300, § 120; Pope's Dig., § 6780; Acts 1959, No. 307, § 50; A.S.A. 1947, § 75-718; Acts 2003, No. 539, § 1; 2017, No. 816, § 1.

Amendments. The 2017 amendment inserted (c)(3); redesignated part of former (c) as (c)(1), (c)(2), (c)(4), and (c)(5); and made stylistic changes.

Cross References. Penalty for violation of this section, § 27-50-305.

27-36-209. Headlamps.

    1. Every motor vehicle, other than a motorcycle or motor-driven cycle, shall be equipped with at least two (2) headlamps, with at least one (1) on each side of the front of the motor vehicle.
    2. The headlamps shall comply with the requirements and limitations set forth in this subchapter.
  1. Every motorcycle and every motor-driven cycle shall be equipped with at least one (1) and not more than (2) headlamps, which shall comply with the requirements and limitations of this subchapter.
  2. Every headlamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlamp of not more than fifty-four inches (54") nor less than twenty-four inches (24"), to be measured as set forth in § 27-36-204.
  3. A covering, coating, or any type of alteration that reduces the illumination intensity of a headlamp must be removed from the headlamp during any time that the use of headlamps is required.

History. Acts 1937, No. 300, § 105; Pope's Dig., § 6762; Acts 1957, No. 169, § 1; 1959, No. 307, § 42; A.S.A. 1947, § 75-703; Acts 2001, No. 623, § 1.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Cited: Arkansas State Hwy. Comm'n v. Heirs of Ring, 247 Ark. 170, 444 S.W.2d 705 (1969).

27-36-210. Multiple-beam road lighting equipment.

  1. Except as otherwise provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp, or combination thereof, on motor vehicles, other than motorcycles or motor-driven cycles, shall be so arranged that the driver may select at will between distributions of light projected to different elevations.
  2. The lamps may, in addition, be so arranged that the selection can be made automatically, subject to the following limitations:
    1. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet (350') ahead for all conditions of loading;
    2. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead; and
    3. On a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
    1. Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after July 1, 1955, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use and shall not otherwise be lighted.
    2. The indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped.

History. Acts 1937, No. 300, § 115; Pope's Dig., § 6775; Acts 1955, No. 158, § 1; A.S.A. 1947, § 75-713.

27-36-211. Use of multiple-beam road lighting equipment.

Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in § 27-36-204, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

    1. Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet (500'), the driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver.
    2. The lowermost distribution of light, or composite beam, specified in § 27-36-210(b)(2) shall be deemed to avoid glare at all times, regardless of road contour and loading; and
  1. Whenever the driver of a vehicle follows another vehicle within two hundred feet (200') to the rear, except when engaged in the act of overtaking and passing, the driver shall use a distribution of light permissible under this subchapter other than the uppermost distribution of light specified in § 27-36-210(b)(1).

History. Acts 1937, No. 300, § 116; Pope's Dig., § 6776; Acts 1955, No. 158, § 2; A.S.A. 1947, § 75-714.

Case Notes

Jury Questions.

Whether driver's failure to dim his lights constituted negligence under the circumstances was for the jury. Ward v. Walker, 206 Ark. 988, 178 S.W.2d 62 (1944).

Questions whether drivers using just lower beams in passing were negligent and whether pedestrian was contributorily negligent were for jury. Haralson v. Jones Truck Lines, 223 Ark. 813, 270 S.W.2d 892 (1954).

Failure of parked car to dim lights as required is evidence of negligence and can be considered by jury as proximate cause of accident. Riley v. Johnson, 239 Ark. 37, 386 S.W.2d 942 (1965).

Jury could have found driver's failure to see obstruction at distance less than illuminated by headlights indicated he was not keeping a proper lookout. Greyhound Lines v. Harmon, 239 Ark. 1031, 396 S.W.2d 291 (1965).

Valid Traffic Stop.

Because defendant did not dim his headlights at all for oncoming vehicles, an officer had probable cause to believe that a traffic violation had occurred under this section, and the officer's misstatement about the distance requirement of the statute made no legal difference in the establishment of probable cause for the traffic stop. Rodriguez v. State, 2009 Ark. App. 508, 324 S.W.3d 368 (2009).

27-36-212. [Repealed.]

Publisher's Notes. This section, concerning single-beam road lighting equipment, was repealed by Acts 2017, No. 448, § 33. The section was derived from Acts 1937, No. 300, § 117; Pope's Dig., § 6777; A.S.A. 1947, § 75-715.

27-36-213. [Repealed.]

Publisher's Notes. This section, concerning alternate road lighting equipment, was repealed by Acts 2001, No. 1713, § 1. The section was derived from Acts 1937, No. 300, § 118; Pope's Dig., § 6778; A.S.A. 1947, § 75-716.

27-36-214. Spot lamps, fog lamps, and auxiliary passing and driving lamps.

  1. Spot Lamps.
    1. Any motor vehicle may be equipped with not more than two (2) spot lamps.
    2. Every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet (100') ahead of the vehicle.
  2. Fog Lamps.
    1. Any motor vehicle may be equipped with not more than two (2) fog lamps mounted on the front at a height not less than twelve inches (12") nor more than thirty inches (30") above the level surface upon which the vehicle stands.
    2. The fog lamps shall be so aimed that when the vehicle is not loaded, none of the high-intensity portion of the light to the left of the center of the vehicle shall, at a distance of twenty-five feet (25') ahead, project higher than a level of four inches (4") below the level of the center of the lamp from which it comes.
    3. Lighted fog lamps meeting these requirements may be used with lower headlamp beams as specified in § 27-36-210(b)(2).
  3. Auxiliary Passing Lamps.
    1. Any motor vehicle may be equipped with not more than two (2) auxiliary passing lamps mounted on the front at a height not less than twenty-four inches (24") nor more than forty-two inches (42") above the level surface upon which the vehicle stands.
    2. The provisions of § 27-36-210 shall apply to any combination of headlamps and auxiliary passing lamps.
  4. Auxiliary Driving Lamps.
    1. Any motor vehicle may be equipped with not more than two (2) auxiliary driving lamps mounted on the front at a height not less than sixteen inches (16") nor more than forty-two inches (42") above the level surface upon which the vehicle stands.
    2. The provisions of § 27-36-210 shall apply to any combination of headlamps and auxiliary driving lamps.
  5. Ornamental Light-emitting Diodes White Lights. No motor vehicle may be equipped with more than two (2) ornamental light-emitting diodes white lights mounted on the front of the vehicle.

History. Acts 1937, No. 300, § 112; Pope's Dig., § 6772; Acts 1959, No. 307, § 46; A.S.A. 1947, § 75-710; Acts 2003, No. 1096, § 1.

Cross References. Penalty for violation of this section, § 27-50-305.

27-36-215. Tail lamps and reflectors.

    1. Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which, when lighted as required, shall emit a red light plainly visible from a distance of five hundred feet (500') to the rear.
    2. In the case of a train of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
    3. Every mentioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after June 11, 1959, shall be equipped with at least two (2) tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as required, shall comply with the provisions of this section.
  1. Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches (72") nor less than twenty inches (20").
      1. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible for a distance of fifty feet (50') to the rear.
      2. It shall be a violation of this subsection for any other color of light to be displayed around the registration plate or for white light to be excesssively used so as to render the registration plate illegible from a distance of less than fifty feet (50').
    1. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted.
    1. Every new motor vehicle sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two (2) red reflectors.
    2. Every motorcycle and every motor-driven cycle shall carry at least one (1) reflector, meeting the requirements of this section.
    3. Vehicles of the type mentioned in § 27-36-219 shall be equipped with reflectors as required in those sections applicable thereto.
    1. Every reflector shall be mounted on the vehicle at a height not less than twenty inches (20") nor more than sixty inches (60") measured as set forth in § 27-36-204 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet (350') to one hundred feet (100') from the vehicle when directly in front of lawful upper beams of headlamps.
    2. Visibility from a greater distance will be required of reflectors on certain types of vehicles.

History. Acts 1937, No. 300, § 106; Pope's Dig., § 6763; Acts 1959, No. 307, § 43; A.S.A. 1947, § 75-704; Acts 1997, No. 125, § 1.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Probable Cause for Stop.

Suppression was not warranted because a trooper had probable cause for a stop due to a cracked lens on a taillight, which caused the vehicle to display both white and red light; a person of reasonable caution could have believed that defendant had violated the red-light requirement or the prohibition against glaring lights. Robinson v. State, 2014 Ark. 101, 431 S.W.3d 877 (2014).

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976); Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997).

27-36-216. Signal lamps and signal devices.

    1. Any motor vehicle may be equipped, and when required under this subchapter shall be equipped, with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet (100') to the rear in normal sunlight.
    2. They shall be actuated upon application of the service or foot brake, which may, but need not, be incorporated with one (1) or more other rear lamps.
    1. Any motor vehicle may be equipped, and when required under this subchapter shall be equipped, with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or left.
    2. The lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less one hundred feet (100') to the front in normal sunlight.
    3. The lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet (100') to the rear in normal sunlight.
    4. When actuated, these lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made.
    1. Any motor vehicle, or combination of vehicles, eighty inches (80") or more in overall width and manufactured or assembled after July 1, 1959, shall be equipped with lamps showing to the front and rear for the purpose of indicating an intention to turn either to the right or the left.
    2. The lamps showing to the front shall be located on the same level and as widely spaced laterally as practicable and when in use shall display a white or amber light, or any shade of color between white and amber, visible from a distance of not less than five hundred feet (500') to the front in normal sunlight.
    3. The lamps showing to the rear shall be located at the same level and as widely spaced laterally as practicable and when in use shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than five hundred feet (500') to the rear in normal sunlight.
    4. When actuated, these lamps shall indicate the intended direction of turning by flashing the lights showing to the front and rear on the side toward which the turn is made.
      1. No person shall operate on the highways any motor vehicle registered in this state and manufactured or assembled after July 1, 1959, unless it is equipped with at least two (2) stop lamps meeting the requirements of this section.
      2. All motorcycles, motor-driven cycles, and truck tractors of whatever date manufactured or assembled and all motor vehicles registered in this state and manufactured or assembled prior to July 1, 1959, operated upon the highways shall be equipped with at least one (1) stop lamp meeting the requirements of this section.
      1. No person shall operate on the highways any motor vehicle, trailer, or semitrailer registered in this state and manufactured or assembled after July 1, 1959, unless it is equipped with electrical turn signals meeting the requirements of this section.
      2. No person shall operate on the highways any motorcycle, motor-driven cycle, or motorized bicycle that was manufactured or assembled after July 27, 2011, unless it is equipped with electrical turn signals that meet the requirements of this section.
  1. No stop lamp or signal lamp shall project a glaring light.

History. Acts 1937, No. 300, § 113; Pope's Dig., § 6773; Acts 1959, No. 307, § 48; 1969, No. 299, § 1; A.S.A. 1947, § 75-711; Acts 2011, No. 759, § 3.

Amendments. The 2011 amendment rewrote (d)(2)(B).

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

In General.

Police officer had reasonable suspicion to stop defendant's vehicle after he observed that the left taillight and brake light of the car was not functioning, which was a violation of subsections (a) and (b) of this section. Sims v. State, 356 Ark. 507, 157 S.W.3d 530 (2004).

Probable Cause for Stop.

Suppression was not warranted because a trooper had probable cause for a stop due to a cracked lens on a taillight, which caused the vehicle to display both white and red light; a person of reasonable caution could have believed that defendant had violated the red-light requirement or the prohibition against glaring lights. Robinson v. State, 2014 Ark. 101, 431 S.W.3d 877 (2014).

Stop Lamps.

Although this section merely requires at least two stop lamps on an automobile, a police officer's stop of a vehicle on which two left rear brake lights and one of the two right rear brake lights were functioning was justifiable and lawful. Enzor v. State, 262 Ark. 545, 559 S.W.2d 148 (1977).

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976); Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010).

27-36-217. Additional lighting equipment generally.

  1. Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit an amber or white light without glare.
  2. Any motor vehicle may be equipped with not more than one (1) running-board courtesy lamp on each side which shall emit a white or amber light without glare.
    1. Any motor vehicle may be equipped with not more than two (2) backup lamps, either separately or in combination with other lamps.
    2. Any backup lamp shall not be lighted when the motor vehicle is in forward motion.
      1. Any vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing.
      2. When so equipped, the warning lamps may be displayed in addition to any other warning signals required by this subchapter.
    1. The lamps used to display the warning to the front shall be mounted at the same level, and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber.
    2. The lamps used to display the warning to the rear shall be mounted at the same level, and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red.
    3. These warning lights shall be visible from a distance of not less than five hundred feet (500') under normal atmospheric conditions at night.
    1. Any commercial vehicle eighty inches (80") or more in overall width may be equipped with not more than three (3) identification lamps showing to the front, which shall emit an amber light without glare, and not more than three (3) identification lamps showing to the rear, which shall emit a red light without glare.
    2. The lamps shall be placed in a row and may be mounted either horizontally or vertically.

History. Acts 1937, No. 300, § 114; Pope's Dig., § 6774; Acts 1959, No. 307, § 49; A.S.A. 1947, § 75-712.

Cross References. Penalty for violation of this section, § 27-50-305.

27-36-218. Additional lamps and reflectors on buses, trucks, tractors, and trailers.

  1. In addition to other equipment required by this subchapter, the following vehicles shall be equipped as stated in this section:
    1. On every bus or truck, whatever its size, there shall be the following:
      1. On the rear, two (2) reflectors, one (1) at each side; and
      2. One (1) stop light;
    2. On every bus or truck eighty inches (80") or more in overall width, in addition to the requirements in subsection (a)(1):
      1. On the front, two (2) clearance lamps, one (1) at each side;
      2. On the rear, two (2) clearance lamps, one (1) at each side;
      3. On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear; and
      4. On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear;
    3. On every truck tractor:
      1. On the front, two (2) clearance lamps, one (1) at each side; and
      2. On the rear, one (1) stop light;
    4. On every trailer or semitrailer having a gross weight in excess of three thousand pounds (3,000 lbs):
      1. On the front, two (2) clearance lamps, one (1) at each side;
      2. On each side, two (2) side marker lamps, one (1) at or near the front and one (1) at or near the rear;
      3. On each side, two (2) reflectors, one (1) at or near the front and one (1) at or near the rear; and
      4. On the rear, two (2) clearance lamps, one (1) at each side, also two (2) reflectors, one (1) at each side, and one (1) stop light;
    5. On every pole trailer in excess of three thousand pounds (3,000 lbs.) gross weight:
      1. On each side, one (1) side marker lamp and one (1) clearance lamp, which may be in combination, to show to the front, side, and rear; and
      2. On the rear of the pole trailer or load, two (2) reflectors, one (1) at each side; and
    6. On every trailer, semitrailer, or pole trailer weighing three thousand pounds (3,000 lbs.) gross or less:
      1. On the rear, two (2) reflectors, one (1) on each side; and
      2. If any trailer or semitrailer is so loaded or is of dimensions as to obscure the stop light on the towing vehicle, then the vehicle shall also be equipped with one (1) stop light.
  2. The clearance lamps, side marker lamps, backup lamps, and reflectors required in subsection (a) of this section shall display or reflect the following colors:
    1. Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color;
    2. Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color; and
    3. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except:
      1. The stop light or other signal device, which may be red, amber, or yellow; and
      2. The light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber.
  3. Reflectors, clearance, and side marker lamps, when required by subsection (a) of this section, shall be mounted as follows:
        1. Reflectors, when required by subsection (a) of this section, shall be mounted at a height not less than twenty-four inches (24") and not higher than sixty inches (60") above the ground on which the vehicle stands.
        2. If the highest part of the permanent structure of the vehicle is less than twenty-four inches (24"), the reflector at such point shall be mounted as high as that part of the permanent structure will permit.
      1. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
      2. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but this reflector shall meet all the other reflector requirements of this subchapter; and
      1. Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof as practicable.
      2. Clearance lamps and side marker lamps may be mounted in combination, provided illumination is given as required in this section with reference to both.
  4. Visibility requirements for reflectors, clearance lamps, and side marker lamps, when required under subsection (a) of this section, shall be as follows:
      1. Every reflector upon any vehicle referred to in subsection (a) of this section shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within six hundred feet (600') to one hundred feet (100') from the vehicle when directly in front of lawful upper beams of headlamps.
      2. Reflectors required to be mounted on the sides of the vehicle shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear;
    1. Front and rear clearance lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required, at a distance of five hundred feet (500') from the front and rear, respectively, of the vehicle; and
    2. Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lights are required, at a distance of five hundred feet (500') from the side of the vehicle on which mounted.
    1. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp, except tail lamps, need not be lighted when that lamp by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination.
    2. This subsection shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.

History. Acts 1937, No. 300, § 107; Pope's Dig., §§ 6764-6767; Acts 1959, No. 307, § 44; A.S.A. 1947, § 75-705.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Clearance Lamps.

The requirement of clearance lights under Acts 1927, No. 223, § 48, was not limited to the width of the vehicle irrespective of the load carried where the truck was constructed so as to carry loads of varying widths. Hobbs-Western Co. v. Carmical, 192 Ark. 59, 91 S.W.2d 605 (1936) (decision under prior law).

Evidence of Negligence.

Operation of truck loaded with cross ties 96 inches long across its bed and without clearance lights at the front or rear, though not negligence per se, was evidence of negligence to be considered by the jury. Hobbs-Western Co. v. Carmical, 192 Ark. 59, 91 S.W.2d 605 (1936) (decision under prior law).

27-36-219. Lamps on farm tractors and equipment.

    1. Every farm tractor and every self-propelled farm equipment unit or implement of husbandry not equipped with an electric lighting system shall, at all times mentioned in § 27-36-204, be equipped with at least one (1) lamp displaying a white light visible when lighted from a distance of not less than five hundred feet (500') to the front of that vehicle.
    2. They shall also be equipped with at least one (1) lamp displaying a red light visible when lighted from a distance of not less than five hundred feet (500') to the rear of the vehicle.
  1. Every self-propelled unit of farm equipment not equipped with an electric lighting system shall, at all times mentioned in § 27-36-204, in addition to the lamps required in subsection (a) of this section, be equipped with two (2) red reflectors visible from all distances within six hundred feet (600') to one hundred feet (100') to the rear when directly in front of lawful upper beams of headlamps.
  2. Every combination of farm tractor and towed unit of farm equipment or implement of husbandry not equipped with an electric lighting system shall, at all times mentioned in § 27-36-204, be equipped with the following lamps:
    1. At least one (1) lamp mounted to indicate, as nearly as practicable, the extreme left projection of the combination and displaying a white light visible when lighted from a distance of not less than five hundred feet (500') to the front of the combination; and
    2. Two (2) lamps each displaying a red light visible when lighted from a distance of not less than five hundred feet (500') to the rear of the combination or, as an alternative, at least one (1) lamp displaying a red light visible when lighted from a distance of not less than five hundred feet (500') to the rear and two (2) red reflectors visible from all distances within six hundred feet (600') to one hundred feet (100') to the rear when illuminated by the upper beams of headlamps.
    1. Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry equipped with an electric lighting system shall, at all times mentioned in § 27-36-204, be equipped with two (2) single-beam or multiple-beam headlamps meeting the requirements of § 27-36-210 and at least one (1) red lamp visible when lighted from a distance of not less than five hundred feet (500') to the rear.
    2. Every self-propelled unit of farm equipment, other than a farm tractor, shall have two (2) red lamps or, as an alternative, one (1) red lamp and two (2) red reflectors visible from all distances within six hundred feet (600') to one hundred feet (100') when directly in front of lawful upper beams of headlamps.
  3. Every combination of farm tractor and towed farm equipment or towed implement of husbandry equipped with an electric lighting system shall at all times mentioned in § 27-36-204 be equipped with lamps as follows:
    1. The farm tractor element of every such combination shall be equipped as required in subsection (d) of this section;
    2. The towed unit of farm equipment or implement of husbandry element of the combination shall be equipped with two (2) red lamps visible when lighted from a distance of not less than five hundred feet (500') to the rear or, as an alternative, two (2) red reflectors visible from all distances within six hundred feet (600') to one hundred feet (100') to the rear when directly in front of lawful upper beams of headlamps; and
    3. These combinations shall also be equipped with a lamp displaying a white or amber light, or any shade of color between white and amber, visible when lighted from a distance of not less than five hundred feet (500') to the rear.
    1. The lamps and reflectors required in this section shall be so positioned as to show from front and rear, as nearly as practicable, the extreme projection of the vehicle carrying them on the side of the roadway used in passing the vehicle.
    2. If a farm tractor, or a unit of farm equipment, whether self-propelled or towed, is equipped with two (2) or more lamps or reflectors visible from the front or two (2) or more lamps or reflectors visible from the rear, the lamps or reflectors shall be so positioned that the extreme projections both to the left and to the right of the vehicle shall be indicated as nearly as practicable.
    1. Every vehicle, including animal-drawn vehicles and vehicles referred to in §§ 27-36-102 and 27-37-102 not specifically required by the provisions of this subchapter to be equipped with lamps or other lighting devices, shall, at all times specified in § 27-36-204, be equipped with at least one (1) lamp displaying a white light visible from a distance of not less than five hundred feet (500') to the front of the vehicle.
    2. Those vehicles shall also be equipped with two (2) lamps displaying a red light visible from a distance of not less than five hundred feet (500') to the rear of the vehicle or, as an alternative, one (1) lamp displaying a red light visible from a distance of not less than five hundred feet (500') to the rear and two (2) red reflectors, visible for distances of one hundred feet (100') to six hundred feet (600') to the rear when illuminated by the upper beams of headlamps.

History. Acts 1937, No. 300, § 111; Pope's Dig., § 6771; Acts 1959, No. 307, § 45; A.S.A. 1947, § 75-709; Acts 2019, No. 394, § 6.

Amendments. The 2019 amendment deleted “or § 27-36-212” following “§ 27-36-210” in (d)(1).

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Duty to Lookout.

The failure to attach tail lights to a buggy did not relieve a motorist of the duty to keep a proper lookout. Duckworth v. Stephens, 182 Ark. 161, 30 S.W.2d 840 (1930) (decision under prior law).

Instructions.

It was proper for the court to instruct the jury as to defendant's duty under subsection (d) of this section where the undisputed evidence was that defendant was operating his farm tractor on the highway without headlights and that it was dark and misting rain, although plaintiff struck defendant's tractor from the rear. Hooten v. De Jarnatt, 237 Ark. 792, 376 S.W.2d 272 (1964).

Decedent died when his vehicle hit the back of a farm tractor on a highway; this section required lighting on a farm tractor visible from the rear of that tractor. In a wrongful death action brought the decedent's administratrix, the circuit court abused its discretion in not allowing the jury to be instructed on whether this section was violated and whether, if so, that violation constituted some evidence of negligence. McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

Jury Questions.

Whether plaintiff driving a wagon not equipped with tail light which was struck from rear by a bus was guilty of contributory negligence was held for the jury. Missouri Pac. Transp. Co. v. Brown, 193 Ark. 304, 99 S.W.2d 245 (1936) (decision under prior law).

Cited: McMickle v. Griffin, — Ark. —, 254 S.W.3d 729 (2007).

27-36-220. Lamps on bicycles.

  1. Every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred feet (500') to the front and with a lamp on the rear exhibiting a red light visible from a distance of five hundred feet (500') to the rear.
  2. A red reflector meeting the requirements of § 27-36-215 may be used in lieu of a rear light.

History. Acts 1937, No. 300, § 110; Pope's Dig., § 6770; A.S.A. 1947, § 75-708.

27-36-221. Auxiliary driving lights.

It is unlawful to operate any motor vehicle on a public street or highway with any auxiliary driving lights on unless the lights are original equipment lighting installed by the vehicle manufacturer prior to the initial retail sale of the motor vehicle, fog lamps conforming to the provisions set forth in § 27-36-214(b), auxiliary driving or passing lamps conforming to the provisions set forth in § 27-36-214(c) and (d), or ornamental light-emitting diodes white lights conforming to the provisions set forth in § 27-36-214(e).

History. Acts 1997, No. 1146, § 1; 2003, No. 1096, § 2.

27-36-222. Penalty for violation of § 27-36-221.

Any person violating the provisions of § 27-36-221 shall be guilty of a violation and upon conviction shall be punished accordingly.

History. Acts 1997, No. 1146, § 2.

27-36-223. Motorcycle headlamp modulation systems.

  1. As used in this section, “motorcycle equipped with a headlamp modulation system” means a motorcycle that is wired to modulate either the upper or lower headlamp beam from its maximum intensity to a lesser intensity.
  2. The operator of a motorcycle equipped with a headlamp modulation system shall use the headlamp modulation system only during daylight hours.
  3. A person who pleads guilty or nolo contendere to or is found guilty of a violation of this section is guilty of a violation.

History. Acts 2011, No. 781, § 1.

27-36-224. Display of lighting devices generally.

A motor vehicle shall not be operated on a street, road, or highway with any type of covering over a headlamp or other lighting device required by law if the covering reduces the visibility of the headlamp or other lighting device when in use.

History. Acts 2013, No. 1003, § 1.

Subchapter 3 — Lights for Emergency Vehicles

Effective Dates. Acts 1969, No. 96, § 9: July 1, 1969.

27-36-301. Violations.

    1. It shall be unlawful for any person, firm, or corporation to exhibit a red or amber rotating or flashing light on any vehicle except as otherwise provided by this Code or to activate a flashing, rotating, or oscillating purple light except during a funeral procession.
    2. If any person affixes or has affixed any red or amber light on any vehicle, this fact shall be prima facie proof that this person did exhibit the light.
  1. Except as otherwise provided by this Code, it is unlawful for any person to install, activate, or operate a blue light in or on any vehicle in this state or to possess in or on any vehicle in this state a blue light that is not sealed in the manufacturer's original package. As used in this section, “blue light” means an operable blue light which:
    1. Is designed for use by an emergency vehicle, or is similar in appearance to a blue light designed for use by an emergency vehicle; and
    2. Can be operated by use of the vehicle's battery, the vehicle's electrical system, or a dry cell battery.
    1. A violation of subsection (b) of this section shall be a Class A misdemeanor.
    2. Violation of any other provision of this subchapter shall be considered a misdemeanor and shall be punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100) for each offense.

History. Acts 1969, No. 96, §§ 4, 5, 7; A.S.A. 1947, §§ 75-738, 75-739, 75-741; Acts 1997, No. 497, § 1; 2001, No. 322, § 2.

Cross References. Criminal impersonation, § 5-37-208.

Unlawful use of a blue light, § 5-77-201.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

27-36-302. Exempted devices.

Devices that may be used by the state, city, or municipal governments as automobile traffic control devices are exempt from this subchapter.

History. Acts 1969, No. 96, § 6; A.S.A. 1947, § 75-740.

27-36-303. Police vehicles.

All state, county, or city and municipal police agencies shall install, maintain, and exhibit blue rotating or flashing emergency lights upon all police motor vehicles which are equipped with emergency lighting and operated within the State of Arkansas.

History. Acts 1969, No. 96, § 1; A.S.A. 1947, § 75-735.

27-36-304. Fire department vehicles and ambulances.

  1. All state, county, city, and municipal or privately owned fire departments, funeral homes, or ambulance companies shall install, maintain, and exhibit red rotating or flashing emergency lights upon all fire department vehicles, automobiles used by firefighters, and ambulances which are equipped with emergency lighting and operated within Arkansas. Firefighters shall be allowed to use portable dash-mounted red rotating or flashing emergency lights on their privately owned automobiles when responding to a fire or other emergency.
  2. Emergency medical services personnel licensed by the Department of Health may install, maintain, and exhibit red rotating or flashing emergency lights upon a vehicle when responding to an emergency.

History. Acts 1969, No. 96, § 2; A.S.A. 1947, § 75-736; Acts 1993, No. 1010, § 1; 1995, No. 123, § 1; 2009, No. 689, § 19.

Amendments. The 2009 amendment substituted “Emergency medical services personnel licensed” for “Emergency medical technicians certified” in (b).

27-36-305. Other emergency vehicles.

  1. All state, county, and municipal agencies and private persons and businesses that operate any other type of vehicle in this state that is required or permitted to be equipped with flashing or rotating emergency or warning lights shall equip the vehicles with white or amber flashing or rotating emergency or warning lights only.
    1. In addition to amber flashing or rotating emergency or warning lights, wreckers or tow vehicles permitted or licensed under § 27-50-1203 that respond to traffic incidents may, but are not required to, be equipped with red flashing or rotating emergency or warning lights in addition to amber warning lights.
    2. Red flashing or rotating emergency or warning lights on a wrecker or tow vehicle shall be operated only at times the wrecker or tow vehicle is stopped on or within ten feet (10') of a public way and engaged in recovery or loading and hooking up an abandoned, an unattended, a disabled, or a wrecked vehicle. A wrecker or tow vehicle shall not operate forward-facing red flashing or rotating emergency or warning lights while underway, except as may be expressly authorized by law otherwise.

History. Acts 1969, No. 96, § 3; A.S.A. 1947, § 75-737; Acts 2003, No. 762, § 1; 2007, No. 1412, § 2.

27-36-306. Other nonemergency vehicles — Funeral processions.

    1. A funeral escort vehicle engaged in leading or escorting a funeral procession shall be equipped with flashing, rotating, or oscillating purple lights.
    2. Except as required by subdivision (a)(1) of this section, a motor vehicle that is a part of a funeral procession may be equipped with flashing, rotating, or oscillating purple lights. (3) The flashing, rotating, or oscillating purple lights allowed under subdivisions (a)(1) and (2) of this section shall not be activated except during a funeral procession.
  1. The flashing, rotating, or oscillating purple lights shall be a warning to other motorists of the approach of the funeral procession.

History. Acts 2001, No. 322, § 1; 2017, No. 816, § 2.

Amendments. The 2017 amendment rewrote (a); and substituted “The flashing, rotating, or oscillating purple” for “The purple flashing, rotating, or oscillating” in (b).

Chapter 37 Equipment Regulations

Research References

A.L.R.

Validity of roadblocks by state or local police for purpose of discovery of vehicular or driving violations. 37 A.L.R.4th 10.

Am. Jur. 7A Am. Jur. 2d, Auto., § 208 et seq.

Ark. L. Rev.

Torts — Negligence — Failure to Use Safety Devices on Mechanical Apparatus, 15 Ark. L. Rev. 212.

C.J.S. 60 C.J.S., Motor Veh., §§ 38-40.

60A C.J.S., Motor Veh., § 530 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

27-37-101. Violations.

It is a misdemeanor for any person to drive, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, or which does not contain those parts, or is not at all times equipped with equipment in proper condition and adjustment as required in this chapter or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.

History. Acts 1937, No. 300, § 103; Pope's Dig., § 6760; A.S.A. 1947, § 75-701.

Publisher's Notes. Acts 1937, No. 300, § 103, is also codified as § 27-36-101.

Case Notes

Instructions.

It is not error for a court to tell a jury in the language of this section that it is a misdemeanor for a person to drive a vehicle in unsafe condition. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

It is not error for a court to tell a jury that a violation of this section is evidence of negligence. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

Unsafe Conditions.

The unsafe condition referred to in this section is not limited to a lack of equipment such as brakes; it also includes the continued use of a vehicle whose engine the driver is aware has not been functioning properly. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976).

27-37-102. Exemptions from provisions.

The provisions of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable by this chapter.

History. Acts 1937, No. 300, § 103; Pope's Dig., § 6760; A.S.A. 1947, § 75-701.

Publisher's Notes. Acts 1937, No. 300, § 103, is also codified as § 27-36-102.

Case Notes

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976).

27-37-103. [Transferred.]

Publisher's Notes. Section 2 of Acts 2009, No. 103 stated “For administrative convenience, the Arkansas Code Revision Commission shall remove Arkansas Code § 27-37-103 including the amendment made in this act from Title 27 and recodify the provision under the ‘Arkansas Motor Vehicle Commission Act’, Arkansas Code § 23-112-101 et seq.”

Subchapter 2 — Safety and Emergency Equipment

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highway is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1971, No. 80, § 2: Feb. 12, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirements as to what flares and other warning devices certain vehicles must carry is too strict and places an undue and unwarranted burden upon the operators and owners of these vehicles; that modern emergency equipment used by such owners and operators is sufficient to notify passing motorists of any dangers existing; and that in order to remove these undue restrictions and to remedy this situation, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

27-37-201. [Repealed.]

Publisher's Notes. This section, prohibiting the sale of substandard seat belts, was repealed by Acts 2017, No. 448, § 34. The section was derived from Acts 1963, No. 115, §§ 1, 2; A.S.A. 1947, §§ 75-733, 75-734.

27-37-202. Horns and warning devices — Flashing lights on emergency vehicles.

      1. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet (200').
      2. No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
    1. When reasonably necessary to ensure safe operation, the driver of a motor vehicle shall give audible warning with his or her horn but shall not otherwise use the horn when upon a public street or highway.
    1. No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section.
    2. It is permissible, but not required, that commercial vehicles may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
      1. Every authorized emergency vehicle shall be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet (500') and of a type approved by the Arkansas Department of Transportation.
        1. Except as provided under § 27-51-906, the driver of an emergency vehicle shall sound a warning device:
          1. When necessary to warn pedestrians and other drivers that the emergency vehicle is approaching; and
          2. While the emergency vehicle is being operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law.
        2. The warning device shall not be used by the driver of an emergency vehicle except when the emergency vehicle is being operated as required under subdivision (b)(3)(B)(i) of this section.
    1. Every authorized emergency vehicle shall be equipped with signal lamps in addition to any other equipment and distinctive markings required by this subchapter. These lamps shall be mounted as high and be as widely spaced laterally as practicable. The vehicle shall be capable of displaying to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level.
    2. These lights shall have sufficient intensity to be visible at five hundred feet (500') in normal sunlight.
  1. A police vehicle, when used as an authorized emergency vehicle, may, but need not, be equipped with alternately flashing red lights specified in this section.
  2. The use of the signal equipment described in this section shall impose upon drivers of other vehicles the obligation to yield right-of-way and to stop as prescribed in § 27-51-901.

History. Acts 1937, No. 300, § 125; Pope's Dig., § 6785; Acts 1959, No. 307, § 47; A.S.A. 1947, § 75-725; Acts 2003, No. 1155, § 1; 2017, No. 707, § 338; 2017, No. 793, § 1.

Amendments. The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(3)(A).

The 2017 amendment by No. 793 rewrote (b)(3)(B).

Cross References. Flashing and rotating warning and emergency lights, § 27-36-301 et seq.

Horns on motorcycles, motor scooters, and motor bicycles, § 27-20-104.

Penalty for violation of this section, § 27-50-305.

Case Notes

Construction.

The requirements of subsections (b) and (c) of this section were insufficient as standards and guidelines to validate the delegation of authority in former subsection (d) of § 27-49-219 that permitted chiefs of police of cities to designate certain ambulances and other vehicles as emergency vehicles. Walden v. Hart, 243 Ark. 650, 420 S.W.2d 868 (1967).

Authorized Emergency Vehicles.

A police motorcycle was not “authorized emergency vehicle” within the meaning of this section where the only signal being given by the police officer on the motorcycle was a blowing of the horn, regardless of fact that he was responding to another officer's call for assistance. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).

Duty to Sound Horn.

The requirement that an automobile be equipped with a horn implies that it should be sounded when a reasonably prudent person would do so to insure the safety of pedestrians, those within the automobile, or other persons or property rightfully using the highway. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Instructions.

Refusal to give instruction setting out this section was not prejudicial error where appellants' own witnesses testified that the car was equipped with a proper horn and evidence was lacking to show that there was anything in the situation apparent to the young driver to warn him of such impending danger as to require the sounding of his horn as he approached an intersection. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

It is not necessary to instruct in the language of this section when there is no evidence at all relative to the type of horn on the vehicle. Ransom v. Weisharr, 236 Ark. 898, 370 S.W.2d 598 (1963).

Where policeman was injured while operating a police motorcycle and brought an action to recover for personal injuries sustained, the submission to the jury of instructions with respect to law applicable to emergency vehicles, though the only signal being given was a blowing of a horn by the policeman, was prejudicial error, even though comparative negligence, on which the court also submitted an instruction, was the basis of the jury verdict in the policeman's favor. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).

Pedestrians.

Even though a pedestrian is required to yield the right-of-way when crossing a highway at a point other than a marked crosswalk, failure to do so does not relieve the driver of an approaching vehicle of the obligation to exercise ordinary care to avoid colliding with the pedestrian and to give warning by the sounding of a horn, when necessary. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

The failure of a driver to sound his horn, or to take earlier diversionary action, or to sooner apply his brakes to avoid hitting a pedestrian are significant on the question of speed, control, and lookout. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Cited: Gookin v. Locke, 240 Ark. 1005, 405 S.W.2d 256 (1966); Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967); City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).

27-37-203. Vehicles transporting explosives.

  1. Any person operating any vehicle transporting any explosive or other dangerous articles as cargo upon a highway shall at all times comply with the requirements of the rules promulgated under this section.
  2. The State Highway Commission is authorized and directed to promulgate rules governing the transportation of explosives and other dangerous articles in vehicles upon the highways as it deems advisable for the protection of the public.

History. Acts 1937, No. 300, § 132; Pope's Dig., § 6792; A.S.A. 1947, § 75-723; Acts 2003, No. 849, § 1; 2019, No. 315, § 3143.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a) and (b).

27-37-204. Lamp or flag on projecting load.

  1. Whenever the load upon any vehicle extends to the rear four feet (4') or more beyond the bed or body of the vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in § 27-36-204, a red light or lantern plainly visible from a distance of at least five hundred feet (500') to the sides and rear.
  2. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle.
  3. At any other time, there shall be displayed at the extreme rear end of the load a red or fluorescent orange flag or cloth not less than sixteen inches (16") square.

History. Acts 1937, No. 300, § 108; Pope's Dig., § 6768; A.S.A. 1947, § 75-706; Acts 2001, No. 1482, § 1.

27-37-205. Certain vehicles to carry flares or other warning devices.

  1. No person shall operate any motor truck, passenger bus, truck tractor, or any motor vehicle towing a house trailer upon any highway outside the corporate limits of municipalities at any time from one-half (½) hour after sunset to one-half (½) hour before sunrise unless there shall be carried in the vehicle the following equipment except as provided in subsection (b) of this section:
      1. At least three (3) flares, three (3) red electric lanterns, or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet (600') under normal atmospheric conditions at nighttime;
        1. No flare, fuse, electric lantern, or cloth warning flag shall be used for the purpose of compliance with the requirements of this subsection unless the equipment is of a type which has been submitted to the commissioner and approved by him or her; and
        2. No portable reflector unit shall be used for the purpose of compliance with the requirements of this subsection unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within six hundred feet (600') to one hundred feet (100') under normal atmospheric conditions at night when directly in front of lawful upper beams of headlamps and unless it is of a type which has been submitted to the commissioner and approved by him or her;
    1. At least three (3) red-burning fusees, unless red electric lanterns or red portable emergency reflectors are carried;
    2. At least two (2) red cloth flags, not less than twelve inches (12") square, with standards to support the flags.
    1. At the time and under conditions stated in subsection (a) of this section, no person shall operate any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in the vehicle three (3) red electric lanterns or three (3) portable red emergency reflectors meeting the requirements of subsection (a) of this section.
    2. There shall not be carried in any such vehicle any flares, fusees, or signals produced by flame.

History. Acts 1937, No. 300, § 131; Pope's Dig., § 6791; Acts 1959, No. 307, § 52; 1971, No. 80, § 1; A.S.A. 1947, § 75-722.

A.C.R.C. Notes. The reference to “commissioner” in (a)(1)(B)(ii) is likely a reference to the Commissioner of Motor Vehicles, based upon the context as used in Acts 1937, No. 300.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Motor Truck.

A three-fourth ton pick-up truck is a “motor truck” within the meaning of this section. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Owner Loaning Vehicle.

Owner who loaned truck during daylight hours did not violate this section prohibiting operation of truck without flares and warning signals after dark. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Where the owner of a pick-up truck loaned to another is not shown to have knowingly consented to operation in violation of this section, he is not held responsible for the violation. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Person.

Employer who caused a truck of which he had control to be set in motion and to be operated by his employee was a “person” within the meaning of the provisions of this section prohibiting a person from operating a motor truck without flares and warning signals. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Cited: Billingsley v. Westrac Co., 365 F.2d 619 (8th Cir. 1966).

27-37-206. Display of warning devices when vehicle disabled.

  1. Whenever any motor truck, passenger bus, truck tractor, trailer, semitrailer, pole trailer, or any motor vehicle towing a house trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway, except as provided in subsection (b) of this section:
    1. A lighted fuse, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic; and
    2. As soon thereafter as possible, but in any event within the burning period of the fuse, which is fifteen (15) minutes, the driver shall place three (3) liquid-burning flares or pot torches, or three (3) lighted red electric lanterns, or three (3) portable red emergency reflectors on the traveled portion of the highway in the following order:
      1. One (1), approximately one hundred feet (100') from the disabled vehicle, in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;
      2. One (1), approximately one hundred feet (100') in the opposite direction from the disabled vehicle, in the center of the traffic lane occupied by the vehicle; and
        1. One (1) at the traffic side of the disabled vehicle, not less than ten feet (10') rearward or forward thereof, in the direction of the nearest approaching traffic.
        2. If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subdivision (a)(2)(A) of this section, it may be used for this purpose.
  2. Whenever any vehicle referred to in this section is disabled within five hundred feet (500') of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than one hundred feet (100') nor more than five hundred feet (500') from the disabled vehicle.
  3. Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (a) and (e) of this section shall be placed as follows:
    1. One (1), at a distance of approximately two hundred feet (200') from the vehicle, in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;
    2. One (1), at a distance of approximately one hundred feet (100') from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and
    3. One (1), at the traffic side of the vehicle and approximately ten feet (10') from the vehicle, in the direction of the nearest approaching traffic.
  4. Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside of any municipality at any time when the display of fusees, flares, red electric lanterns, or portable red emergency reflectors is not required, the driver of the vehicle shall display two (2) red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one (1) at a distance of approximately one hundred feet (100') in advance of the vehicle and one (1) at a distance of approximately one hundred (100') feet to the rear of the vehicle.
    1. Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this state at any time or place mentioned in subsection (a) of this section, the driver of the vehicle shall immediately display the following warning devices:
      1. One (1) red electric lantern or portable red emergency reflector, placed on the roadway at the traffic side of the vehicle; and
      2. Two (2) red electric lanterns or portable red reflectors, one (1) placed approximately one hundred feet (100') to the front and one (1) placed approximately one hundred feet (100') to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.
    2. Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection.
  5. The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of § 27-37-205.

History. Acts 1937, No. 300, § 131; Pope's Dig., § 6791; Acts 1959, No. 307, § 52; A.S.A. 1947, § 75-722.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Directed Verdicts.

Where evidence by plaintiff was to the effect that he failed to see flares placed by trucks of defendant parked along side of highway, as some of defendant's drivers were sitting on highway so as to conceal the flares, the defendant was not entitled to a directed verdict, and trial court did not err in submitting case to the jury. United Transports, Inc. v. Johnson, 215 Ark. 411, 220 S.W.2d 814 (1949).

In action for personal injuries and property damage resulting from nighttime collision between plaintiff's automobile and defendant's disabled truck that had been left on traveled portion of highway by driver while he went for help, evidence relating to flare behind truck was such that defendant was not entitled to directed verdict and that submission to jury of issues of negligence and contributory negligence was proper. Dixie Culvert Mfg. Co. v. Richardson, 218 Ark. 427, 236 S.W.2d 713 (1951).

Instructions.

A requested instruction by which it was proposed to tell the jury that if an employee of the State Highway and Transportation Department had placed flares in front of and behind the place where a truck was parked it was not incumbent upon the driver to place flares in the road and it would not be negligence for him to fail to do so should have been given, since the purpose of placing flares is to give warning and whether they are put out by the owner of the truck or by some one else is immaterial. H. L. Wilson Lumber Co. v. Koen, 202 Ark. 576, 151 S.W.2d 681 (1941).

Motor Truck.

A three-fourth ton pick-up truck is a “motor truck” within the meaning of this section. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Negligence.

Any negligence of employee truck driver because of failure to place flares when his truck stopped on highway at night in such a position as to block traffic in both directions is imputable to his employer. Wheaton Van Lines, Inc. v. Williams, 240 Ark. 280, 399 S.W.2d 258 (1966).

Where truck driver failed to set out flares when his truck stopped on highway at night in such a position as to block traffic in both directions, the jury alone could decide the fact question as to whether the actions or inactions of the truck driver constituted negligence proximately causing injuries. Wheaton Van Lines, Inc. v. Williams, 240 Ark. 280, 399 S.W.2d 258 (1966).

Cited: Billingsley v. Westrac Co., 365 F.2d 619 (8th Cir. 1966).

Subchapter 3 — Glass and Mirrors

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1993, No. 967, § 6: Apr. 9, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the proper regulation of equipment on motor vehicles is a proper and necessary function of state government, and the loss of life and property, and the protection of law enforcement officers enforcing our traffic laws creates an emergency. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 143, § 5: Feb. 13, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that the tinting of windshields of law enforcement vehicles should be permitted to the extent provided by this act; and that until this act goes into effect the prohibition of current law will be an undue restriction upon the law enforcement agencies of this state. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

27-37-301. [Repealed.]

Publisher's Notes. This section, concerning mandatory safety glass, was repealed by Acts 2017, No. 448, § 35. The section was derived from Acts 1937, No. 300, § 130; Pope's Dig., § 6790; Acts 1951, No. 110, § 1; A.S.A. 1947, § 75-732.

27-37-302. Windshields, etc., to be unobstructed.

No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, sidewings, side, or rear windows of the vehicle other than a certificate or other paper required to be so displayed by law if it obstructs the operator's view or the safe operation of the vehicle.

History. Acts 1937, No. 300, § 128; Pope's Dig., § 6788; A.S.A. 1947, § 75-730; Acts 1999, No. 1251, § 1.

Case Notes

Construction.

Neither this section nor § 27-37-304 provides citizens with adequate notice that hanging rosary beads or an air freshener from their rear view mirror violates the law. Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010).

Other Nontransparent Material.

The words “other nontransparent material” used in this section do not include frost or moisture, but are intended to relate to stickers. Wood v. Combs, 237 Ark. 738, 375 S.W.2d 800 (1964).

27-37-303. Windshield wipers required.

  1. The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield.
  2. This device shall be so constructed as to be controlled or operated by the driver of the vehicle.

History. Acts 1937, No. 300, § 128; Pope's Dig., § 6788; A.S.A. 1947, § 75-730.

27-37-304. Obstruction of interior prohibited.

      1. It is unlawful for any person to operate a motor vehicle which has any substance or material except rearview mirrors and decals required by law attached to the windshield at any point more than four and one-half inches (4½") above the bottom of the windshield if the substance or material obstructs the operator's view or the safe operation of the vehicle.
      2. It is unlawful for any person to operate a motor vehicle which has any substance or material attached to the window of either front door except substances or materials attached by the manufacturer if the substance or material obstructs the operator's view or the safe operation of the vehicle.
    1. The provisions of this section shall not apply to motorists driving motor vehicles registered in other states that have enacted legislation regulating the shading of windshields or windows of motor vehicles and who are driving on Arkansas roads and highways.
  1. Nothing in this section shall prohibit the shading or tinting of windows of newly manufactured automobiles so long as the newly manufactured automobiles comply with all federal laws pertaining thereto.
  2. Violation of this section shall constitute a Class C misdemeanor.

History. Acts 1983, No. 315, §§ 1-3; 1985, No. 1072, § 1; A.S.A. 1947, §§ 75-730.1 — 75-730.3; Acts 1999, No. 1251, § 2.

Cross References. Obstruction to driver's view, § 27-51-1401.

Case Notes

Construction.

Neither § 27-37-302 nor this section provides citizens with adequate notice that hanging rosary beads or an air freshener from their rear view mirror violates the law. Giron v. City of Alexander, 693 F. Supp. 2d 904 (E.D. Ark. 2010).

27-37-305. Mirrors.

  1. Every motor vehicle shall be equipped with a rearview mirror.
  2. Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror located so as to reflect to the driver a view of the highway for a distance of at least two hundred feet (200') to the rear of the vehicle.

History. Acts 1937, No. 300, § 127; Pope's Dig., § 6787; A.S.A. 1947, § 75-729.

27-37-306. Light transmission levels for tinting of motor vehicle windows.

  1. It shall be unlawful to operate a vehicle on the public highways if after-market tinting material, together with striping material, has been applied to any windows of the vehicle or if letters or logos larger than one-quarter inch (¼") have been applied to the windows of the vehicle.
  2. After-market tinting of vehicle windows shall be lawful only as follows:
    1. The glass immediately in front of the operator may have a strip of tinting material applied to the top edge, known in the industry as an “eyebrow”, but it may not extend downward more than five inches (5") from the top center of the windshield;
    2. On all 1994 model vehicles and later model vehicles, the side windows and side wings located on the immediate right or left of the driver or to the right or left immediately behind the driver may be covered with an after-market tinting material which results in at least twenty-five percent (25%) net light transmission, except that the side windows immediately behind the driver on any truck, bus, trailer, motor home, or multiple purpose passenger vehicle may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission; and
    3. On all 1994 model vehicles and later model vehicles, the rearmost window may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission.
  3. Any vehicle that is operated on Arkansas roads with after-market tinting material on any glass shall have attached to the front glass immediately to the operator's left a label containing the name and phone number of the company installing the tinting material and affirming that all tinting on the vehicle conforms to the requirements of this section.
  4. The provisions of this section shall not apply to motorists operating vehicles registered in other states that have enacted legislation regulating the shading of windshields or windows of motor vehicles who are driving on Arkansas roads and highways.
      1. A motorist is exempt from this section if the motorist is diagnosed by a physician as having a disease or disorder, including, but not limited to, albinism or lupus, for which the physician determines it is in the best interest of the motorist to be exempt from the requirements of this section. The motorist shall carry in his or her motor vehicle a physician's certification.
      2. The installation of tinted glass is exempt from this section if the tinted glass is installed in the motor vehicle of a person exempted under this subsection, as evidenced by a physician's certification.
      3. For vehicles tinted prior to August 16, 2013, this subdivision (e)(1) applies. Proof of the date of the application of the tint and the name and phone number of the company that applied the tinting shall be carried in the motor vehicle.
    1. After August 16, 2013, a motorist that provides a physician's certification attesting that it is in the best interest of the motorist to have such tinting may have window tinting performed as follows:
      1. The side windows and side wings located on the immediate right or left of the driver or to the right or left immediately behind the driver may be covered with an after-market tinting material which results in at least twenty percent (20%) net light transmission;
      2. The rearmost window may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission; and
      3. The front windshield may be covered with an after-market tinting material which results in at least fifty percent (50%) net light transmission.
    2. After August 13, 2013, a vehicle operated on Arkansas roads with after-market tinting material on the glass under this section shall have attached to the front glass immediately to the operator's left a label from the window tinting installer that:
      1. Provides the name and phone number of the company that installed the tinting material; and
      2. Affirms that all tinting on the vehicle conforms to the requirements of this section.
    3. A motorist utilizing the provisions of this section shall carry the physician's certification in the motor vehicle.
    4. Any physician certification issued in compliance with this subsection shall be valid for three (3) years from the date of issue.
    5. Upon transfer of a vehicle with window tinting under the medical waiver exemption, the transferor shall:
      1. Disclose that the window tinting is not within legal limits without a medical waiver; or
      2. Remove the tinting that was based on the medical waiver.
  5. The provisions of this section shall not be applicable to vehicles or operators of vehicles used exclusively or primarily for the transportation of dead human bodies.
  6. Any installer of motor vehicle glass tinting material who installs any glass tinting in violation of this section or otherwise violates the provisions of this section or any person operating any motor vehicle with glass tinting or other after-market alteration of the glass in the vehicle which is contrary to the provisions of this section shall be guilty of a Class B misdemeanor.
  7. The provisions of this section shall also apply to:
    1. All 1993 and older model vehicles which have not had after-market tinting material applied in accordance with Acts 1991, No. 563 [repealed], or Acts 1991, No. 1043 [repealed]; and
    2. At such time as the ownership of the same are transferred, all older model vehicles which have had after-market tinting material applied in accordance with Acts 1991, No. 563 [repealed], or Acts 1991, No. 1043 [repealed].
  8. Notwithstanding any other provision of this section or any other law to the contrary, windshields of law enforcement vehicles may be tinted to the extent that the windshield permits at least fifty percent (50%) net light transmission.
  9. This section does not apply to a sedan under § 27-37-307.

History. Acts 1993, No. 967, §§ 1, 2; 1997, No. 143, § 1; 2011, No. 1141, § 1; 2013, No. 293, § 1.

Publisher's Notes. Former § 27-37-306, concerning tinted windows, as amended by Acts 1991, No. 563, § 1 and Acts 1991, No. 1043, § 1, was repealed by Acts 1993, No. 967,§ 5. The former section was derived from Acts 1987, No. 450, §§ 1-5.

Amendments. The 2011 amendment added (j).

The 2013 amendment subdivided (e)(1) into present (e)(1)(A) - (e)(1)(C); and added present (e)(2) - (e)(6).

27-37-307. Window tinting on chauffeur-driven sedans.

    1. As used in this section, “sedan” means a motor vehicle that:
      1. Has been licensed as an automobile for hire under § 27-14-601(a)(2);
      2. Accommodates a minimum of three (3) rear passengers; and
      3. Is chauffeur-driven.
    2. A sedan is not a taxicab or van.
  1. A sedan that is licensed as an automobile for hire may have the following window tinting:
    1. On the rear passenger doors of the motor vehicle, tinting that results in at least fifteen percent (15%) net light transmission, and on the rear windshield of the motor vehicle, tinting that results in at least ten percent (10%) net light transmission;
    2. A strip of window tinting material applied to the top edge of the front windshield, known in the industry as an “eyebrow”, if the tinting results in at least ten percent (10%) net light transmission; and
    3. Window tinting on the front passenger doors that results in at least twenty-five percent (25%) net light transmission.
  2. A sedan in compliance with this section is exempt from § 27-37-306.
    1. Except as provided under subdivision (d)(2) of this section, a person or entity that owns a sedan with window tinting under this section shall remove the tinting allowed under this section and return it to compliance with § 27-37-306 when the sedan is:
      1. Sold to another person or entity that is not in the business of renting automobiles for hire; and
      2. No longer expected to be used as a sedan for hire.
    2. If the window tinting is not a film but an actual tinting of the glass, subsection (d)(1) of this section does not apply.

History. Acts 2011, No. 1141, § 2.

Subchapter 4 — Tires

Cross References. Width of tire regulated by city of the first class, § 14-57-103.

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

27-37-401. Only pneumatic rubber tires permitted — Exceptions — Special permits.

    1. The wheels of all motor vehicles, including trailers and semitrailers, shall be equipped with pneumatic rubber tires.
    2. Nonpneumatic or solid rubber tire mountings shall not be permitted.
  1. No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.
  2. No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, spike, or any other protuberances of any material except rubber which projects beyond the tread of the traction surface of the tire, with the following exceptions:
    1. It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway;
    2. It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety; and
    3. It shall be permissible to use metal studded tires as prescribed in § 27-37-402.
  3. The State Highway Commission and local authorities, in their respective jurisdictions and at their discretion, may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this subchapter.

History. Acts 1937, No. 300, § 129; Pope's Dig., § 6789; Acts 1969, No. 95, § 1; A.S.A. 1947, § 75-731.

27-37-402. Metal studded tires lawful during prescribed period.

  1. It is lawful to use metal studded tires with studs protruding not more than one-sixteenth inch (1/16") from the surface of the rubber tread on motor vehicles operated on the public highways of this state during the period from November 15 of each year until April 15 of the following year.
  2. If the United States Congress shall enact legislation, or if any agency of the federal government shall adopt regulations prohibiting the use of metal studded tires on motor vehicles operated on the public highways, the provisions of this section authorizing the use of metal studded tires shall terminate. Thereafter, it shall be unlawful to use metal studded tires on vehicles operated on the public highways of this state at any time.
    1. It is unlawful for any person to operate any motor vehicle equipped with metal studded tires upon the highways of this state at any time other than the period prescribed in subsection (a) of this section.
    2. Any person violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

History. Acts 1977, No. 94, §§ 1-3; A.S.A. 1947, §§ 75-731.1 — 75-731.3.

Subchapter 5 — Brakes

Cross References. Brakes on motorcycles, motor scooters, and motor bicycles, § 27-20-104.

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1965, No. 566, § 4: Mar. 24, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws governing and regulating safety devices such as brakes on motor vehicles are inadequate to properly protect the public interest and that immediate action is necessary to correct this situation and to preserve the public peace, health and safety on the highways of this State; therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-37-501. Equipment required.

    1. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of, and to stop and hold, the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels.
    2. If these two (2) separate means of applying the brakes are connected in any way, they shall be constructed so that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
  1. Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one (1) brake, which may be operated by hand or foot.
    1. Every trailer or semitrailer of a gross weight of three thousand pounds (3,000 lbs.) or more when operated upon a highway shall be equipped with brakes adequate to control the movement of, and to stop and to hold, the vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab.
    2. The brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle, the brakes shall be automatically applied.
      1. Every new motor vehicle, trailer, or semitrailer sold in the state and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle.
      2. Any semitrailer of less than one thousand five hundred pounds (1,500 lbs.) gross weight need not be equipped with brakes.
    1. Trucks and truck tractors having three (3) or more axles need not have brakes on the front wheels, except, when the vehicles are equipped with at least two (2) steerable axles, the wheels of one (1) axle need not be equipped with brakes.
    1. Every singly driven motor vehicle and every combination of motor vehicles shall, at all times, be equipped with a parking brake or brakes adequate to hold the vehicle or combination on any grade on which it is operated, under any conditions of loading, on a surface free from ice or snow.
      1. The parking brake or brakes shall, at all times, be capable of being applied in conformance with the requirements of subdivision (e)(1) of this section by either the driver's muscular effort, by spring action, or by other energy.
      2. If other energy is depended on for application of the parking brake, then an accumulation of the energy shall be isolated from any common source and used exclusively for the operation of the parking brake.
    2. The parking brake or brakes shall be so designed, constructed, and maintained that when once applied, they shall remain in the applied condition with the required effectiveness despite exhaustion of any source of energy or leakage of any kind and so that they cannot be released unless adequate energy is available upon release of the brake or brakes to make immediate further application with the required effectiveness.
  2. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
  3. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

History. Acts 1937, No. 300, § 124; Pope's Dig., § 6784; Acts 1959, No. 307, § 51; 1965, No. 566, §§ 1, 2; A.S.A. 1947, § 75-724.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

In General.

While this section does not require two separate braking systems, each capable of stopping the vehicle in substantially the same distance, it does require that the hand brake have stopping power. Yarnell Ice Cream Co. v. Williamson, 244 Ark. 893, 428 S.W.2d 86 (1968).

Hand Brake.

Hand brake required by this section not only must be capable of holding vehicle on grade but must have stopping power. Houston v. Adams, 239 Ark. 346, 389 S.W.2d 872 (1965).

Instructions.

An instruction as to the statutory duty to have an automobile equipped with proper brakes where there was no evidence that the car was not so equipped was abstract. Arkansas Power & Light Co. v. Cummins, 182 Ark. 1, 28 S.W.2d 1077 (1930) (decision under prior law).

The trial court erred when it refused to instruct the jury with regard to the statute where the defendant testified that he went through a stop sign, but that he had no alternative because his brakes did not work. Vann v. Cook, 70 Ark. App. 299, 17 S.W.3d 103 (2000).

Negligence.

Proof of violation of this section is evidence of negligence. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955); Beaty v. Buckeye Fabric Finishing Co., 179 F. Supp. 688 (E.D. Ark. 1959).

Where plaintiff's testimony in action against driver for personal injuries resulting from automobile wreck because of brake failure was to the effect that this section had been violated, question of negligence was for the jury. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955).

Violation of the provisions of this section requiring adequate brakes is evidence of negligence, and jury may find negligence on part of a driver whose brakes fail suddenly. Houston v. Adams, 239 Ark. 346, 389 S.W.2d 872 (1965).

Cited: Pitts v. Greene, 238 Ark. 438, 382 S.W.2d 904 (1964); Scott v. McClain, 296 Ark. 527, 758 S.W.2d 409 (1988); Southern Farm Bureau Cas. Ins. Co. v. Daggett, 354 Ark. 112, 118 S.W.3d 525 (2003).

27-37-502. Performance ability.

  1. Every motor vehicle or combination of vehicles, at all times and under all conditions of loading, upon application of the service or foot brake, shall be capable of:
    1. Developing a braking force that is not less than the percentage of its gross weight tabulated in this section for its classification;
    2. Decelerating in a stop from not more than twenty miles per hour (20 m.p.h.) at not less than the feet-per-second tabulated in this section for its classification; and
    3. Stopping from a speed of twenty miles per hour (20 m.p.h.) in not more than the distance tabulated in this section for its classification, the distance to be measured from the point at which movement of the service brake pedal or control begins.
  2. Tests for deceleration and stopping distance shall be made on a substantially level, which is not to exceed plus or minus one percent (1%) grade, and dry, smooth, hard surface that is free from loose material.

1 2 3 4 Classification of vehicles and combinations Braking force as a percentage of gross vehicle or combination weight Deceleration in feet per second Brake sys- tem applica- tion and braking per second Passenger vehicles, not including buses 52.8% 17 25 Single-unit vehicles with a manufacturer's gross vehicle weight rating of less than ten thousand pounds (10,000 lbs.) 43.5% 14 30 Single-unit two-axle vehicles with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or more, and buses not having a manufacturer's gross vehicle weight rating 43.5% 14 40 All other vehicles and combinations with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or more 43.5% 14 50

Click to view table.

History. Acts 1937, No. 300, § 124; Pope's Dig., § 6784; Acts 1959, No. 307, § 51; 1965, No. 566, § 1; A.S.A. 1947, § 75-724.

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Negligence.

Proof of violation of this section is evidence of negligence. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955).

A violation of this section constitutes evidence of negligence. Beaty v. Buckeye Fabric Finishing Co., 179 F. Supp. 688 (E.D. Ark. 1959).

Where plaintiff's testimony in action against driver for personal injuries resulting from automobile wreck because of brake failure was to the effect that this section had been violated, question of negligence was for the jury. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955).

Violation of the provisions of this section requiring adequate brakes is evidence of negligence, and jury may find negligence on part of a driver whose brakes fail suddenly. Houston v. Adams, 239 Ark. 346, 389 S.W.2d 872 (1965).

Proximate Cause.

The absence of adequate brakes was held to be the proximate cause of a collision where the driver first became aware of the presence of a train when 50 feet from the crossing while traveling at 15 miles per hour. Missouri Pac. R.R. v. Moore, 199 Ark. 1035, 138 S.W.2d 384, cert. denied, 311 U.S. 646, 61 S. Ct. 19, 85 L. Ed. 2d 412 (1940).

Stopping Power.

Where a truck knocked a stopped car 119 feet and stopped 180 feet beyond the point of collision although the driver applied the hand brake, the indication was that either the truck was traveling at a much greater speed than 25 miles per hour or the hand brake had practically no stopping power. Yarnell Ice Cream Co. v. Williamson, 244 Ark. 893, 428 S.W.2d 86 (1968).

Cited: Pitts v. Greene, 238 Ark. 438, 382 S.W.2d 904 (1964).

27-37-503. [Repealed.]

Publisher's Notes. This section, concerning the exemption of certain trailers from requirements, was repealed by Acts 1991, No. 32, § 1. The section was derived from Acts 1971, No. 141, § 1; A.S.A. 1947, § 75-724.1.

Subchapter 6 — Mufflers

Cross References. Mufflers required on motorcycles, motor scooters and motor bicycles, § 27-20-104.

Effective Dates. Acts 1927, No. 185, § 3: effective 90 days after passage. Approved Mar. 23, 1927.

Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

27-37-601. Noise or smoke producing devices prohibited.

  1. Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.
  2. No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

History. Acts 1937, No. 300, § 126; Pope's Dig., § 6786; Acts 1959, No. 219, § 1; A.S.A. 1947, § 75-726.

27-37-602. Cutouts prohibited.

  1. The sale or use of cutouts on any motor-driven vehicle while on the public roads, highways, streets, and alleys of Arkansas is prohibited.
  2. Any person found guilty in any court of Arkansas of violating this section, in whole or in part, shall be deemed guilty of a misdemeanor and subject to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500).

History. Acts 1927, No. 185, §§ 1, 2; Pope's Dig., §§ 3526, 3527; A.S.A. 1947, §§ 75-727, 75-728.

Subchapter 7 — Mandatory Seat Belt Use

A.C.R.C. Notes. Acts 1991, No. 562, § 9, provided:

“This act is supplemental and cumulative to the Child Passenger Protection Act.”

References to “this chapter” in subchapters 1-6 may not apply to this subchapter which was enacted subsequently.

Effective Dates. Acts 2003, No. 1776, § 4: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that present law is unclear as to whether seatbelts and safety restraint systems must be properly secured to vehicles; that this law cures that ambiguity; and until this act goes into effect, the safety of children and disabled people riding in motor vehicles may be compromised. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 308, § 6: June 30, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act will improve the safety and health of Arkansans; that the changes to the law will qualify the state to receive approximately nine million five hundred thousand dollars ($9,500,000) in federal grant funds to implement highway safety programs; that the deadline for the state to have a primary seatbelt law in place that is effective and enforceable to qualify for the federal grant program is June 30, 2009; and that this act is immediately necessary to secure substantial federal funding and make the roads and highways safer in the state. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on June 30, 2009.”

Acts 2013, No. 282, § 17: Mar. 6, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one-year period; that the effectiveness of this act as soon as possible is essential to the operation of the judiciary and the administration of justice; and that this act is immediately necessary because the delay in the effective date of this act could cause irreparable harm upon the proper administration of essential governmental programs. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-37-701. Definitions.

As used in this subchapter:

  1. “Motor vehicle” means any motor vehicle, except a school bus, church bus, and other public conveyance, which is required by federal law or regulation to be equipped with a passenger restraint system; and
  2. “Seat belt” means any passenger restraint system as defined by the Division of Arkansas State Police, except that, until such time as the division has promulgated rules defining “seat belt”, the term means any passenger restraint system which meets the federal requirements contained in 49 C.F.R. § 571.208.

History. Acts 1991, No. 562, § 1; 2019, No. 315, § 3144; 2019, No. 910, § 6048.

A.C.R.C. Notes. Acts 1991, No. 562, § 6, provided that the Director of the Department of Arkansas State Police shall promulgate regulations defining “seat belt” as soon as possible after July 15, 1991.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (2).

The 2019 amendment by No. 910, in (2), substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and “division” for “department”.

27-37-702. Seat belt use required — Applicability of subchapter.

  1. Each driver and front seat passenger in any motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened seat belt properly secured to the vehicle.
  2. This subchapter shall not apply to the following:
    1. Passenger automobiles manufactured before July 1, 1968, and all other motor vehicles manufactured before January 1, 1972;
    2. Passengers and drivers with a physical disability that contraindicates the use of a seat belt, and which condition is certified by a physician who states the nature of the disability as well as the reason the use of a seat belt is inappropriate;
    3. Children who require protection and are properly restrained under the Child Passenger Protection Act, § 27-34-101 et seq.; and
    4. Drivers who are rural letter carriers of the United States Postal Service while performing their duties as rural letter carriers.
  3. Except as provided in subdivision (b)(4) of this section, each driver or passenger who is seated in a wheelchair in a motor vehicle shall:
    1. Wear a properly adjusted and fastened seat belt properly secured to the wheelchair; and
    2. Have the wheelchair properly secured in the motor vehicle.

History. Acts 1991, No. 562, §§ 2, 3; 1997, No. 208, § 34; 2003, No. 764, § 1; 2003, No. 1776, § 1.

A.C.R.C. Notes. As to legislative intent, see § 22-4-408.

Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

Cross References. Medical exemption designation for seat belt use, § 27-16-813.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Seat Belt Law, 26 U. Ark. Little Rock L. Rev. 504.

27-37-703. Effect of noncompliance.

    1. The failure of an occupant to wear a properly adjusted and fastened seat belt shall not be admissible into evidence in a civil action.
    2. Provided, that evidence of the failure may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:
      1. The plaintiff has filed a products liability claim other than a claim related to an alleged failure of a seat belt;
      2. The defendant alleging noncompliance with this subchapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and
      3. Each defendant seeking to offer evidence alleging noncompliance has the burden of proving:
        1. Noncompliance;
        2. That compliance would have reduced injuries; and
        3. The extent of the reduction of the injuries.
    1. Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of such evidence in accordance with the provisions of this section and the rules of evidence.
    2. The finding of the trial judge shall not constitute a finding of fact, and the finding shall be limited to the issue of admissibility of such evidence.

History. Acts 1991, No. 562, § 5; 1993, No. 1086, § 1; 1995, No. 1118, § 1.

Research References

Ark. L. Rev.

Dorothy Vaughan Goodwin, Recent Developments: Section 27-37-703 of the Arkansas Code Violates Separation of Powers Under the Arkansas Constitution, Mendoza v. WIS Int’l, Inc., 69 Ark. L. Rev. 639 (2016).

U. Ark. Little Rock L.J.

Legislative Survey, Evidence, 16 U. Ark. Little Rock L.J. 127.

Case Notes

Constitutionality.

This section is procedural and therefore offends the principle of separation of powers and the powers specifically prescribed to the Supreme Court of Arkansas by Ark. Const. Amend. 80. Accordingly, in response to a certified question from the federal district court, the Supreme Court holds that this section violates separation of powers under Ark. Const., Art. 4, § 2, and Ark. Const. Amend. 80, § 3, and is therefore unconstitutional. Mendoza v. WIS Int'l, Inc., 2016 Ark. 157, 490 S.W.3d 298 (2016).

Admissibility.

—Improper.

Amendment to an answer was properly stricken where it alleged the failure of an injured party to wear a seat belt since any evidence of such failure was inadmissible in a civil proceeding under subdivision (a)(1) of this section. Allen v. Greenland, 347 Ark. 465, 65 S.W.3d 424 (2002).

Comparative Negligence.

Because § 16-64-122 defines comparative fault in terms of that which proximately causes damages, plaintiffs' failure to wear their seat belts was a failure to exercise ordinary care, and such failure is not considered “fault” for purposes of comparative fault, unless it was a proximate cause of plaintiffs' damages, in accidents occurring prior to the passage of this section. Plaintiffs' nonuse of their seat belts may be admissible as evidence of their comparative fault if such nonuse is a proximate cause of plaintiffs' injuries, which the defendant has the burden of proving. Baker v. Morrison, 309 Ark. 457, 829 S.W.2d 421 (1992).

Evidence.

In a rollover vehicle case in which the decedent allegedly did not wear a seat belt, the manufacturer did not adequately prove the elements relating to noncompliance and reduction in injury under this section, and therefore evidence that the decedent was not wearing his seat belt was properly excluded. The evidence was not rendered admissible under Ark. R. Evid. 404 merely because the survivor opened the door by introducing evidence that he was wearing his seat belt. Ford Motor Co. v. Washington, 2013 Ark. 510, 431 S.W.3d 210 (2013).

—Admissibility.

The issue regarding the admissibility of seat-belt evidence in relation to plaintiff's strict-liability crashworthiness claim was not decided because plaintiff failed to prove that she was prejudiced by the admission of the seat-belt evidence. Lovett ex rel. Lovett v. Union Pac. R.R., 201 F.3d 1074 (8th Cir. 2000).

—Improper.

In an action arising from a motor vehicle accident, the trial court erred when it permitted the introduction of evidence of inconsistent statements by the plaintiff regarding his use of a seatbelt, notwithstanding the court's instruction to the jury that such evidence was to be considered only in regard to the credibility of the plaintiff, since such an instruction could not cure the highly prejudicial effect of the introduction of seatbelt-nonuse evidence. Grummer v. Cummings, 336 Ark. 447, 986 S.W.2d 91 (1999).

Although this section as it existed at the time of the accident clearly prohibited evidence of seat belt non-use for plaintiff's negligence claim, both the statute and Arkansas case law at the time were silent on whether such evidence also was barred in strict-liability cases. Lovett ex rel. Lovett v. Union Pac. R.R., 201 F.3d 1074 (8th Cir. 2000).

—Sufficient.

Reports of the doctor that stated that plaintiff suffered from a 20 percent impairment and that the impairment was caused when the seat belt failed and he jammed his thighs up under the steering wheel, as well as other trial evidence, including the pictures of the wrecked truck and plaintiff's testimony concerning what happened during the accident, were sufficient for the jury to determine the extent to which the alleged absence of a functioning seat belt enhanced plaintiff's injuries. Newton v. Ryder Transp. Servs., 206 F.3d 772 (8th Cir. 2000).

Cited: State v. Havens, 337 Ark. 161, 987 S.W.2d 686 (1999).

27-37-704. [Repealed.]

Publisher's Notes. This section, concerning inspection for compliance, was repealed by Acts 2009, No. 308, § 2. The section was derived from Acts 1991, No. 562, § 4.

27-37-705. [Repealed.]

Publisher's Notes. This section, concerning the reduction of fine as an incentive to comply with seat belt law, was repealed by Acts 2015, No. 953, § 1. The section was derived from Acts 1991, No. 562, § 8; 1995, No. 1118, § 2; 2003, No. 1765, § 36; 2009, No. 633, § 22.

27-37-706. Penalties — Court costs.

    1. A person who violates this subchapter shall be subject to a fine not to exceed twenty-five dollars ($25.00), unless a local fine under § 16-17-129 has also been provided for by law.
    2. A person who chooses to pay the fine under this section and § 16-17-129, if applicable, before his or her first appearance under this subsection, is considered having pleaded nolo contendere to the violation.
  1. A person who does not plead nolo contendere to a violation of this subchapter by paying the fine under this section and § 16-17-129, if applicable, before his or her first appearance but who, after his or her first appearance, is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this subchapter, is responsible for court costs under § 16-10-305, but is not subject to additional costs or fees.

History. Acts 1991, No. 562, § 7; 2005, No. 1934, § 23; 2013, No. 282, § 16; 2019, No. 743, § 2.

Amendments. The 2013 amendment substituted “court costs under § 16-10-305 shall be assessed, but” for “no court costs pursuant to § 16-10-305 or” and “fees shall not be” for “fees shall be” in (b).

The 2019 amendment rewrote the section.

27-37-707. Traffic violation report and driver's license suspension.

The Office of Driver Services shall not:

  1. Include in the traffic violation report of any person any conviction arising out of a violation of this subchapter;
  2. Use or accumulate a violation of this subchapter to suspend or revoke the driver's license of any person as an habitual violator of traffic laws; or
  3. Use a violation of this subchapter in any other way under the administrative authority of the office to suspend or revoke a driver's license.

History. Acts 1995, No. 1118, § 3; 2009, No. 308, § 3.

A.C.R.C. Notes. Acts 2009, No. 308, § 1, provided:

“Legislative findings. The General Assembly finds:

“(1) In 2007, five hundred twenty-five (525) people died while riding in passenger vehicles in Arkansas and sixty-five percent (65%) of those who died were not wearing a seat belt;

“(2) In 2007, sixty-one (61) people died after being ejected from their vehicles during a rollover crash because they were not wearing their seat belts; and

“(3) By adopting a primary seat belt law, Arkansas can expect an increase in the use of seat belts by motorists of approximately twelve percent (12%); and

“(4) Adopting a primary seat belt law could save as many as forty-seven (47) lives each year, prevent approximately five hundred four (504) serious injuries each year, and save an estimated one hundred four million dollars ($104,000,000) in economic costs each year; and

“(5) The adoption of the primary seat belt law will entitle the State of Arkansas to receive approximately nine million five hundred thousand dollars ($9,500,000) in federal grant funds to implement highway safety programs.”

Amendments. The 2009 amendment inserted (2) and (3), redesignated the remaining text accordingly, and made related changes.

Subchapter 8 — Eric's Law: The Nitrous Oxide Prohibition Act

A.C.R.C. Notes. References to “this chapter” in subchapters 1-6 may not apply to this subchapter which was enacted subsequently.

27-37-801. Title.

This subchapter shall be known and may be cited as “Eric's Law: The Nitrous Oxide Prohibition Act”.

History. Acts 2005, No. 1568, § 1.

27-37-802. Definitions.

As used in this subchapter:

    1. “Motorcycle” means a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground.
    2. “Motorcycle” does not include a tractor;
  1. “Nitrous oxide” means a gas or liquid form of nitrous oxide that is used to increase the speed or performance of a motor vehicle or motorcycle; and
  2. “Street or highway” means the entire width between property lines of every way or place of whatever nature when any part of the street or highway is open to the use of the public as a matter of right for purposes of vehicular traffic.

History. Acts 2005, No. 1568, § 1.

27-37-803. Use prohibited.

    1. Except as provided under subdivision (a)(2) of this section, a person shall not operate a motor vehicle or motorcycle that is equipped to supply the engine with nitrous oxide on a street or highway.
    2. This section shall not prohibit:
      1. A person from operating a motor vehicle or motorcycle that is equipped to supply the engine with nitrous oxide if the system supplying nitrous oxide is made inoperative by:
        1. Disconnecting the line feeding nitrous oxide to the engine; or
        2. Removing the container or containers of nitrous oxide from the motor vehicle or motorcycle; or
      2. A person from operating a tow vehicle or a recreational vehicle that is equipped to supply the engine with nitrous oxide.
  1. A person who violates the provisions of this section is guilty of a Class C misdemeanor.

History. Acts 2005, No. 1568, § 1.

Chapter 38 Automotive Fluids Regulation

Subchapter 1 — Antifreeze

Cross References. Brakes generally, § 27-37-501 et seq.

Effective Dates. Acts 1931, No. 165, § 6: Mar. 25, 1931. Emergency clause provided: “Whereas the manufacture of the compound, the sale of which is herein regulated, is about to begin in this State, and whereas it is immediately necessary that the public be informed of its nature, an emergency is hereby declared and this act shall be in full force and effect from and after its passage and approval.”

27-38-101. Definitions.

As used in this subchapter:

  1. “Methanol” means the products commonly known as methanol and methyl alcohol, wood alcohol, wood naphtha, methyl hydroxide, and methyl hydrate; and
  2. “Person” means natural persons, partnerships, associations, and corporations.

History. Acts 1931, No. 165, § 4; Pope's Dig., § 3456; A.S.A. 1947, § 75-1304.

27-38-102. Penalty.

Any person violating any of the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction shall be fined any sum not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200).

History. Acts 1931, No. 165, § 5; Pope's Dig., § 3457; A.S.A. 1947, § 75-1305.

27-38-103. Certain sales exempted.

Nothing contained in this subchapter shall be construed to apply to sales of methanol by or to pharmacists or to sales by the manufacturer or dealer of methanol directly to other manufacturers for manufacturing purposes.

History. Acts 1931, No. 165, § 3; Pope's Dig., § 3455; A.S.A. 1947, § 75-1303.

27-38-104. Regulation of disposition — Markings required.

It shall be unlawful for any person to sell, offer for sale, give away, or transfer to another person any article commonly known as antifreeze containing in excess of ten percent (10%) methanol, unless the following provisions are complied with:

  1. It shall be distinctively colored, so that by its appearance it cannot be confused with potable alcohol;
  2. It shall contain an emetic or such warning substance or substances as the United States Public Health Service may recommend; and
  3. All containers of quantities less than tank car lots shall be plainly marked on the outside with a stencil or label securely attached, which bears the word “METHANOL” in red ink in letters at least one-half inch (½") in height, and below or adjacent to the word “METHANOL” shall also be in red ink the skull and crossbones symbol and the words “Poison, methanol is a violent poison, it cannot be made nonpoisonous. If taken internally may cause blindness and death.”

History. Acts 1931, No. 165, § 1; Pope's Dig., § 3453; A.S.A. 1947, § 75-1301.

27-38-105. Record of deliveries — Exception.

  1. It shall be unlawful for any person conducting a store, garage, filling station, or other place selling antifreeze mixtures or compounds at retail, or any of the employees of the persons, to sell, offer for sale, give away, or transfer to another person any antifreeze mixture or compound containing in excess of ten percent (10%) methanol or any ethyl alcohol, in quantities less than fifty-gallon drum lots, unless before delivery is made there is recorded in a book kept for that purpose:
    1. Date of sale;
    2. Name and address of person to whom sold;
    3. Article and quantity delivered;
    4. Purpose for which it is to be used; and
    5. Name of person making sale.
  2. The record is to be kept for inspection by the State Board of Health and its duly authorized representatives for a period of three (3) years from the date of the last record made of a sale.
    1. No record shall be necessary when the antifreeze mixture or compound shall be placed in an automobile radiator by the vendor at the time and place of sale and when it is apparent that the mixture or compound is intended for antifreeze purposes.
    2. An automobile radiator shall not be construed to mean a container under the provisions of this subchapter.

History. Acts 1931, No. 165, § 2; Pope's Dig., § 3454; A.S.A. 1947, § 75-1302.

Subchapter 2 — Brake Fluid

27-38-201 — 27-38-204. [Repealed.]

Publisher's Notes. This subchapter, concerning brake fluid, was repealed by Acts 2017, No. 448, § 36. The subchapter was derived from the following sources:

27-38-201. Acts 1957, No. 116, § 3; A.S.A. 1947, § 75-1308.

27-38-202. Acts 1957, No. 116, § 1; A.S.A. 1947, § 75-1306.

27-38-203. Acts 1957, No. 116, § 2; A.S.A. 1947, § 75-1307.

27-38-204. Acts 1957, No. 116, § 2; A.S.A. 1947, § 75-1307.

Chapters 39-48

[Reserved]

Subtitle 4. Motor Vehicular Traffic

Chapter 49 General Provisions

Research References

Am. Jur. 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 11 et seq., § 204 et seq.

C.J.S. 60 C.J.S., Motor Vehicles, § 14 et seq.

Subchapter 1 — Title, Applicability, and Construction Generally

Publisher's Notes. For Comments regarding the Uniform Vehicle Code, see Commentaries Volume B.

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1994 (2nd Ex. Sess.), No. 32, § 7: Aug. 25, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas meeting in the Second Extraordinary Session of 1994 that current Arkansas laws regarding the enforcement of traffic laws prevent law enforcement officers from issuing traffic tickets on private roadways; that, in some cases, the private road ownership exceeds several hundred miles of private roads and the private owners wish to have state and local traffic laws enforced on those private roads; and that a lack of law enforcement jurisdiction on private roads, especially where the ownership exceeds several hundred miles, presents a danger to the public safety. Therefore, in order to reduce the threat to the safety of the motoring public, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

27-49-101. Title.

This act may be cited as the “Uniform Act Regulating Traffic on Highways of Arkansas”.

History. Acts 1937, No. 300, § 162; Pope's Dig., § 6822; A.S.A. 1947, § 75-1015.

Publisher's Notes. In addition to statutes contained in this subtitle relating to traffic regulations, Acts. 1937, No. 300, also enacted provisions relating to size and load regulations (§ 27-35-101 et seq.), lighting regulations (§ 27-36-101 et seq.), and equipment regulations (§ 27-37-101 et seq.).

Meaning of “this act”. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

27-49-102. Applicability to operation on highways — Exceptions.

The provisions of this subtitle relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

  1. Where a different place is specifically referred to in a given section.
  2. The provisions of §§ 27-50-307, 27-50-308, 27-53-101 — 27-53-105, and 27-53-201 — 27-53-208 shall apply upon highways and elsewhere throughout the state.
  3. Where the owner of a private roadway within a planned community in Arkansas grants express permission for the state and local law enforcement authorities to enter on and to enforce the provisions of this subtitle and other traffic laws of the state or local authorities on those private roadways in the planned community.

History. Acts 1937, No. 300, § 20; Pope's Dig., § 6678; A.S.A. 1947, § 75-420; Acts 1994 (2nd Ex. Sess.), No. 32, § 1.

Cross References. Military forces unrestricted by traffic regulations, § 12-62-407.

Case Notes

Legislative Intent.

It is evident from the history of subdivision (2) of this section that the legislature intended that the offense of DWI not be restricted to the highways of this state; the legislature has consistently intended that DWI constitutes a criminal offense whether it occurs on highways or on private property. Hill v. State, 315 Ark. 297, 868 S.W.2d 44 (1993).

Parking Lots.

Inasmuch as a shopping center parking lot is not a highway, a person whose car collided with another vehicle as he was pulling out of a parking space could not be charged with the violation of failure to yield right-of-way. Hartson v. City of Pine Bluff, 270 Ark. 748, 606 S.W.2d 149 (1980).

27-49-103. Construction.

This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law.

History. Acts 1937, No. 300, § 161; Pope's Dig., § 6821; A.S.A. 1947, § 75-1014.

Meaning of “this act”. See note to § 27-49-101.

27-49-104. Penalty.

Unless otherwise declared in this act with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this act.

History. Acts 1937, No. 300, § 21; Pope's Dig., § 6679; A.S.A. 1947, § 75-421.

Cross References. Penalties and enforcement, § 27-50-101 et seq.

Meaning of “this act”. See note to § 27-49-101.

Case Notes

Cited: McKinney v. City of El Dorado, 308 Ark. 284, 824 S.W.2d 826 (1992).

27-49-105. Provisions to be uniform.

The provisions of this act shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein.

History. Acts 1937, No. 300, § 25; Pope's Dig., § 6683; A.S.A. 1947, § 75-425.

Meaning of “this act”. See note to § 27-49-101.

Case Notes

Municipal Regulation.

The provisions of this section do not prevent a city from regulating use of its streets by trucks. House v. City of Texarkana, 225 Ark. 162, 279 S.W.2d 831 (1955).

27-49-106. Powers of local authorities.

    1. No local authority shall enact or enforce any rule or regulation in conflict with the provisions of this subtitle unless expressly authorized in this subtitle.
    2. Local authorities may, however, adopt additional traffic regulations which are not in conflict with the provisions of this subtitle.
    3. Local authorities may enact and enforce traffic rules and regulations which are not in conflict with the provisions of this subtitle for private roadways but only after being granted express permission by the owner of the private roadway within the planned community.
  1. The provisions of this subtitle shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
    1. Regulating the standing or parking of vehicles, including the ability to establish districts for the purpose of limiting the time, place, and manner of public parking in designated areas;
    2. Regulating traffic by means of police officers or traffic control signals;
    3. Regulating or prohibiting processions or assemblages on the highways;
    4. Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
    5. Regulating the speed of vehicles in public parks;
    6. Designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection and requiring all vehicles to stop at one (1) or more entrances to the intersection;
    7. Restricting the use of highways as authorized in §§ 27-35-101 — 27-35-111; and
    8. Regulating or prohibiting the traffic from and use of mopeds, three-wheeled vehicles, and other similar vehicles.
  2. No ordinance or regulation enacted under subdivision (b)(1), (4), (5), (6), or (7) of this section shall be effective until signs giving notice of local traffic regulations are posted upon or at the entrances to the highways or parts affected, as may be most appropriate.
  3. No provision of this subtitle, of other state traffic laws, or of any local traffic ordinance or regulation enacted under authority of subdivision (a)(3) of this section shall be effective on a private roadway of a planned community until signs giving notice of the owner's grant of permission to enforce those state and local traffic regulations are posted upon or at the entrances to the planned community's private roadways or affected parts thereof.

History. Acts 1937, No. 300, §§ 25, 26; Pope's Dig., §§ 6683, 6684; Acts 1983, No. 405, § 1; A.S.A. 1947, §§ 75-425, 75-426; Acts 1994 (2nd Ex. Sess.), No. 32, § 2; 1999, No. 1199, § 1.

Publisher's Notes. Acts 1983, No. 405, § 2, provided that the purpose of the act was to grant to all cities and towns the authority to regulate or prohibit the traffic and use on the streets and highways under their jurisdiction of mopeds, three-wheeled vehicles, and other similar vehicles by ordinance.

Case Notes

State Highway Signs.

State Highway Commission has power to erect no parking signs on a part of the state highway system that is in city limits. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).

Use of Streets.

This subtitle did not repeal or supersede § 14-54-103, §§ 14-55-10114-55-103, or § 14-301-101, and a city is authorized under those sections to regulate the use of streets by trucks. House v. City of Texarkana, 225 Ark. 162, 279 S.W.2d 831 (1955).

27-49-107. Obedience to police officers required.

No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic.

History. Acts 1937, No. 300, § 22; Pope's Dig., § 6680; A.S.A. 1947, § 75-422.

Case Notes

Officer's Authority.

Trial court believed an officer's testimony that the encounter was no more than the officer trying to direct traffic and appellant's vehicle on a congested and dark street amidst a crime scene where officers’ safety was at issue, and while protecting the officers was a specific explanation for knocking on appellant's window, the odor of intoxicants and his appearance gave the required suspicion for an investigation into a potential driving while intoxicated offense; under Ark. R. Crim. P. 3.1 the officer then had a duty to investigate further because it is unlawful for any person who is intoxicated to operate or be in actual physical contract of a motor vehicle. Ward v. State, 2012 Ark. App. 649 (2012).

Even if the stop started when the officer knocked on appellant's window, the officer had reasonable suspicion that appellant was endangering other officers on the street, and the officer had authority to require appellant to stop; when the odor of alcohol became apparent, the officer had reasonable suspicion to ask appellant to get out of the vehicle, and as there was probable cause to arrest him for driving while intoxicated, the trial court did not err in denying appellant's motion to suppress. Ward v. State, 2012 Ark. App. 649 (2012).

27-49-108. Governmental personnel subject generally.

The provisions of this act applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of this state, subject to such specific exceptions as are set forth in this act with reference to authorized emergency vehicles.

History. Acts 1937, No. 300, § 23; Pope's Dig., § 6681; A.S.A. 1947, § 75-423.

Meaning of “this act”. See note to § 27-49-101.

27-49-109. Drivers of authorized emergency vehicles.

    1. The driver of any authorized emergency vehicle when responding to an emergency call upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past the red or stop sign or signal.
    2. At other times, drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal.
  1. A driver of any authorized emergency vehicle shall not assume any special privilege under this act except when:
    1. The authorized emergency vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law; and
    2. The driver of the authorized emergency vehicle is operating the vehicle's emergency lights and operating an audible warning device.
  2. The driver of an authorized emergency vehicle operated as a police vehicle is not required to operate a siren or flashing lights when operating the emergency vehicle as authorized under § 27-51-906.

History. Acts 1937, No. 300, § 23; Pope's Dig., § 6681; A.S.A. 1947, § 75-423; Acts 2017, No. 793, § 2.

Amendments. The 2017 amendment redesignated (a) as (a)(1) and (a)(2); redesignated former (b) as the introductory language of (b) and (b)(1); added (b)(2) and (c); and made stylistic changes.

Meaning of “this act”. See note to § 27-49-101.

Research References

Ark. L. Rev.

Torts — Duty of Emergency Vehicles, 21 Ark. L. Rev. 272 (1967).

Case Notes

Duty to Exercise Care.

Even if an ambulance is exempt from observing certain traffic regulations and has the right-of-way under appropriate circumstances, it does not follow that this is an exemption from the duty to exercise care commensurate with the circumstances for the safety of other travelers or persons. Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967).

The driver of an emergency vehicle is held to a standard of ordinary care. City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).

27-49-110. Persons working on highway surfaces.

The provisions of this act shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.

History. Acts 1937, No. 300, § 23; Pope's Dig., § 6681; A.S.A. 1947, § 75-423.

Meaning of “this act”. See note to § 27-49-101.

Case Notes

Negligence.

Operation of caterpillar motor grader on left-hand side of road while working surface of highway was not in itself sufficient to make operator guilty of negligence when collision occurred with oncoming truck. McMillin v. Bearden, 237 Ark. 673, 376 S.W.2d 665 (1964).

27-49-111. Use of animals.

A person riding an animal or driving any animal drawing a vehicle upon a highway has the rights and duties applicable to a driver of a vehicle.

History. Acts 1937, No. 300, § 24; Pope's Dig., § 6682; Acts 1981, No. 699, § 1; A.S.A. 1947, § 75-424; Acts 2017, No. 956, § 2; 2019, No. 650, § 2.

Amendments. The 2017 amendment inserted “electric bicycles” in the section heading and inserted “electric bicycle” in the section.

The 2019 amendment deleted “bicycles, electric bicycles, or” preceding “animals” in the section heading; and rewrote the section.

Meaning of “this act”. See note to § 27-49-101.

Case Notes

No Duty.

In a personal injury case, a trial court did not err by denying a driver's proffered jury instruction regarding a bicyclist's duty to signal prior to turning because § 27-51-403 did not apply to bicycles; therefore, the bicyclist did not have a duty to signal continuously for 100 feet. Sanson v. Allinson, 2014 Ark. App. 619, 447 S.W.3d 151 (2014) (decided prior to 2019 amendment which removed bicyclist).

27-49-112. No interference with rights of real property owners.

  1. Nothing in this subtitle shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel, by permission of the owner and not as matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this subtitle, or otherwise regulating such use as may seem best to such owner.
  2. Nothing in this subtitle shall be construed to prevent the owner of a private roadway in a planned community, having granted express permission for the state and local law enforcement authorities to enter on and to enforce the state and local traffic laws, from revoking the permission and notifying the state and local authorities of the revocation of the permission.

History. Acts 1937, No. 300, § 27; Pope's Dig., § 6685; A.S.A. 1947, § 75-427; Acts 1994 (2nd Ex. Sess.), No. 32, § 3.

27-49-113. Funeral processions — Right-of-way — Definitions.

  1. As used in this section:
    1. “Funeral escort vehicle” means a motor vehicle that leads or facilitates the movement of a funeral procession and is equipped as required by § 27-36-306(a)(1), including without limitation:
      1. A hearse;
      2. A motor vehicle owned by a funeral home or private funeral escort company; or
      3. A motorcycle owned by a funeral home or private funeral escort company;
    2. “Funeral procession” means a funeral escort vehicle and one (1) or more motor vehicles accompanying the body or cremated remains of a deceased person from a funeral home, church, or other location to the burial site or cemetery;
    3. “Immediate hazard” means any motor vehicle approaching so near or so quickly that a reasonably careful person would realize that there is a danger of collision or accident; and
    4. “Motor vehicle” means a vehicle that is self-propelled and used to transport a person or property upon a street or highway, including without limitation a motorcycle.
  2. Except as provided in subsection (c) of this section, a funeral procession may proceed through an intersection without stopping after a funeral escort vehicle has proceeded into the intersection in compliance with any official traffic control device governing the traffic in the intersection.
    1. A funeral procession has the right-of-way at an intersection as described under subsection (b) of this section, except that a funeral escort vehicle or a motor vehicle that is a part of a funeral procession shall yield the right-of-way:
      1. To an authorized emergency vehicle if the authorized emergency vehicle is displaying its rotating or flashing emergency lights;
      2. When directed to yield or stop by a law enforcement officer;
      3. To an approaching railroad train; or
      4. To oncoming traffic that constitutes an immediate hazard.
    2. If a motor vehicle that is a part of a funeral procession becomes separated from the funeral procession so that the funeral procession is no longer continuous, the driver of the motor vehicle shall:
      1. Proceed to his or her destination; and
      2. Obey all official traffic control devices and general rules of the road.
  3. A motor vehicle that is a part of a funeral procession shall:
    1. Display its lighted:
      1. Headlamps;
      2. Tail lamps; and
      3. Flashing lights as provided in § 27-36-208(c); and
    2. Follow the preceding motor vehicle in the funeral procession as closely as is reasonable and prudent to keep the motor vehicles in the funeral procession together.

History. Acts 2017, No. 816, § 3; 2019, No. 394, § 7.

A.C.R.C. Notes. The provisions of former § 27-49-219 relating to authorized emergency vehicles were transferred to present § 27-51-905 by Acts 2017, No. 448, § 39.

Amendments. The 2019 amendment deleted “as defined in § 27-49-219 [repealed]” following the first occurrence of “authorized emergency vehicle” in (c)(1)(A).

27-49-114. Definitions.

As used in this subchapter:

  1. “Business district” means the territory contiguous to and including a highway when fifty percent (50%) or more of the frontage along the highway for a distance of three hundred feet (300') or more is occupied by buildings in use for business;
  2. “Crosswalk” means:
    1. That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections; and
    2. Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface;
  3. “Driver” means a person who drives or is in actual physical control of a vehicle;
  4. “Explosives” means a chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb;
  5. “Flammable liquid” means a liquid which has a flash point of seventy degrees Fahrenheit (70° F) or less as determined by a Tagliabue closed-cup test device or its equivalent;
  6. “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;
  7. “Local authorities” means a county, municipal, or other local board or body having authority to adopt local police regulations under the Arkansas Constitution and the laws of this state;
  8. “Motor vehicle” means a vehicle that is self-propelled or that is propelled by electric power drawn from overhead trolley wires but not operated upon stationary rails or tracks;
    1. “Motorcycle” means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground.
    2. “Motorcycle” includes an autocycle as defined in § 27-20-303.
    3. “Motorcycle” does not include a tractor;
  9. “Official traffic control devices” means all signs, signals, markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic;
  10. “Official traffic control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed;
    1. “Owner” means a person who holds the legal title of a vehicle.
    2. In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this subchapter;
  11. “Pedestrian” means a person afoot;
  12. “Person” means a natural person, firm, copartnership, association, or corporation;
  13. “Pneumatic tire” means a tire in which compressed air is designed to support the load;
  14. “Police officer” means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or rules;
  15. “Private road or driveway” means a way or place in private ownership and used for vehicular travel by the owner and by those having express or implied permission from the owner;
  16. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;
  17. “Railroad sign or signal” means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;
  18. “Railroad train” means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;
  19. “Residence district” means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet (300') or more is substantially improved with residences or residences and buildings in use for business;
  20. “Right-of-way” means the privilege of the immediate use of the highway;
  21. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel;
  22. “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;
    1. “School bus” means a motor vehicle designed to carry more than ten (10) passengers that is:
      1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or
      2. Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities.
    2. “School bus” does not mean a motor vehicle designed to carry more than twenty-five (25) passengers if the motor vehicle is:
      1. Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or
      2. Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities;
  23. “Semitrailer” means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
  24. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians;
  25. “Street” or “highway” means the entire width between boundary lines of a roadway publicly maintained when any part of the roadway is open to the use of the public for purposes of vehicular travel;
  26. “Streetcar” means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality;
  27. “Through highway” means a highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this subtitle;
  28. “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, either singly or together, while using any highway for purposes of travel;
  29. “Trailer” means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle; and
  30. “Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

History. Acts 1937, No. 300, §§ 1-19; Pope's Dig., §§ 6659-6677; Acts 1959, No. 307, §§ 4, 6, 7; A.S.A. 1947, §§ 75-401–75-419; Acts 1995, No. 123, § 2; 2007, No. 999, § 5; 2011, No. 780, §§ 1-3; 2017, No. 448, § 37; 2017, No. 689, § 6; 2019, No. 315, § 3145.

Publisher's Notes. The definitions in this section were formerly codified as § 27-49-201 et seq.

Amendments. The 2017 amendment by Act 689 rewrote the definition of “motorcycle”.

The 2019 amendment added “or rules” in (16).

Case Notes

Bicycle.

In a personal injury case, a trial court did not err by denying a driver's proffered jury instruction regarding a bicyclist's duty to signal prior to turning because § 27-51-403 did not apply to bicycles; therefore, the bicyclist did not have a duty to signal continuously for 100 feet. Sanson v. Allinson, 2014 Ark. App. 619, 447 S.W.3d 151 (2014).

No Parking Signs.

State Highway Commission has power to erect no parking signs on a part of the state highway system that is in city limits. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).

Railroads.

Since devices used exclusively upon stationary rails or tracks are excepted from the term “vehicle,” a pedestrian who slipped on a yellow substance similar to feed while he was walking along a state highway railroad crossing could not base an action against the railroad upon § 27-35-110. Bowie v. Missouri Pac. R.R. Co., 262 Ark. 793, 561 S.W.2d 314 (1978).

Right-of-Way.

Inasmuch as a shopping center parking lot is not a highway, a person whose car collided with another vehicle as he was pulling out of a parking space could not be charged with the violation of failure to yield right-of-way. Hartson v. City of Pine Bluff, 270 Ark. 748, 606 S.W.2d 149 (1980).

Sidewalk.

The phrase, “intended for pedestrian use,” is merely descriptive and not directive, and thus the definition of “sidewalk” does not set out a rule for a pedestrian or motorist to follow. Williams v. First Sec. Bank, 293 Ark. 388, 738 S.W.2d 99 (1987).

Through Highway.

In order to have a through highway at any particular intersection, there must be erected a stop sign at the entrance of the intersection on the highway approaching the through highway. Watkins v. Bright, 225 Ark. 879, 286 S.W.2d 333 (1956).

Truck Tractor.

A truck tractor operating without a trailer is still a truck, and not a passenger vehicle; hence its operation is governed by the law relating to speed of trucks. Rapert v. State, 215 Ark. 768, 223 S.W.2d 192 (1949).

Subchapter 2 — Definitions

27-49-201 — 27-49-219. [Repealed.]

Publisher's Notes. This subchapter, concerning definitions, was repealed by Acts 2017, No. 448, § 38.

For current law, see §§ 27-49-114, 27-51-905.

Chapter 50 Penalties And Enforcement

Subchapter 1 — General Provisions

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

ALR.

Entrapment to commit traffic offense. 34 A.L.R.4th 1167.

Validity of routine roadblocks by state or local police for purpose of discovery of vehicular or driving violations. 37 A.L.R.4th 10.

Am. Jur. 7A Am. Jur. 2d, Auto., § 312 et seq., § 357 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 25, § 135, § 164.1 et seq.

61A C.J.S., Motor Veh., § 588 et seq.

27-50-101. Operation of vehicles contrary to law prohibited.

It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law.

History. Acts 1937, No. 300, § 153; Pope's Dig., § 6813; A.S.A. 1947, § 75-1006.

27-50-102. Parties guilty of acts declared to be crimes.

  1. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared in this act to be a crime, whether individually or in connection with one (1) or more other persons or as principal, agent, or accessory, shall be guilty of the offense.
  2. Every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this act is likewise guilty of the offense.

History. Acts 1937, No. 300, § 152; Pope's Dig., § 6812; A.S.A. 1947, § 75-1005.

Meaning of “this act”. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

Subchapter 2 — Enforcement Generally

Effective Dates. Acts 1963, No. 125, § 8: July 1, 1963.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-50-201. Provisions deemed cumulative.

This subchapter shall be cumulative to the laws in force relating to the functions and duties imposed upon the Department of Arkansas State Police and its successor entities under the provisions of Acts 1953, No. 122, and acts amendatory thereto. It shall also be cumulative to laws in effect that were in effect prior to the enactment of Acts 1953, No. 122, which imposed duties upon the Arkansas Department of Transportation and the Director of the Department of Finance and Administration, as well as their successor entities and officials, which were transferred to the Department of Arkansas State Police under the provisions of Acts 1953, No. 122, as amended.

History. Acts 1963, No. 125, § 2; A.S.A. 1947, § 75-1022.7; Acts 2017, No. 707, § 339; 2019, No. 910, § 4808.

A.C.R.C. Notes. Acts 1953, No. 122, is not codified.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” and made a stylistic change.

The 2019 amendment inserted “and its successor entities” in the first sentence and inserted “as well as their successor entities and officials” in the second sentence.

27-50-202. Arkansas Highway Police Division of the Arkansas Department of Transportation — Creation.

The Arkansas Highway Police Division of the Arkansas Department of Transportation is created.

History. Acts 1963, No. 125, § 1; 1979, No. 720, § 1; A.S.A. 1947, §§ 75-1022.6, 75-1022.10; Acts 2007, No. 827, § 237; 2017, No. 707, § 340.

Publisher's Notes. Acts 1963, No. 125, § 1, abolished the Weights and Standards Division of the Arkansas State Police and transferred all its powers, etc., to the Arkansas State Highway Department, which is now the Arkansas State Highway and Transportation Department, to be performed by a division created within it.

Section 3 of that act provided for the transfer of all property used in the weight stations and patrol units.

Amendments. The 2007 amendment rewrote the section.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in the section heading and the section.

Cross References. Size and load regulations, § 27-35-101 et seq.

27-50-203. Appointment of chief.

The Director of State Highways and Transportation shall appoint a Chief of the Arkansas Highway Police Division of the Arkansas Department of Transportation who shall serve at the pleasure of the director.

History. Acts 1963, No. 125, § 4; A.S.A. 1947, § 75-1022.9; Acts 2017, No. 446, § 1; 2017, No. 707, § 341.

Amendments. The 2017 amendment by No. 446 substituted “chief” for “director” in the section heading; and substituted “The Director of State Highways and Transportation” for “The State Highway Commission”, “a Chief” for “a Director”, and “director” for “commission.”

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-50-204. Division employees.

  1. The State Highway Commission shall establish rules governing employees of the Arkansas Highway Police Division of the Arkansas Department of Transportation.
  2. Employees of the division may be required to wear some type of regalia or uniform identifying the employees as members of the division.
  3. All moneys coming into the hands of the employees in the enforcement of revenue laws shall be subject to rules and procedures as the Secretary of the Department of Finance and Administration shall direct.

History. Acts 1963, No. 125, § 4; A.S.A. 1947, § 75-1022.9; Acts 2017, No. 448, § 40; 2017, No. 707, § 342; 2019, No. 315, §§ 3146, 3147; 2019, No. 910, § 4809.

Publisher's Notes. Acts 1963, No. 125, § 1, abolished the Weights and Standards Division of the Arkansas State Police and transferred all its powers, etc., to the Arkansas State Highway Department, which is now the Arkansas State Highway and Transportation Department, to be performed by a division created within it.

Amendments. The 2017 amendment by No. 448 repealed (a)(2).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a); and substituted “rules” for “regulations” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

27-50-205. Power and authority of division.

  1. The Arkansas Highway Police Division of the Arkansas Department of Transportation shall have the power and authority to enforce all laws pertaining to the unlawful operation of motor vehicles over the highways of this state.
  2. This responsibility shall include, but not be limited to, a full responsibility along with the Division of Arkansas State Police and the Arkansas Department of Transportation for enforcement of the Hazardous Materials Transportation Act of 1977, § 27-2-101 et seq., and the rules promulgated thereunder.

History. Acts 1979, No. 720, § 2; A.S.A. 1947, § 75-1022.11; Acts 2017, No. 446, § 2; 2017, No. 448, § 41, 2017, No. 707, § 343.

Publisher's Notes. Acts 1989 (1st Ex. Sess.), No. 153, § 2, provided, in part:

“Wherever the words ‘Arkansas Transportation Commission’ or ‘Transportation Safety Agency’ are used in any provision of the Code, the Acts of Arkansas or any statute, directive, rule or regulation, they shall be hereafter held and taken to mean the Arkansas State Highway and Transportation Department.”

Amendments. The 2017 amendment by No. 446 substituted “Arkansas Department of Transportation” for “Arkansas Transportation Commission” in (b).

The 2017 amendment by No. 448, in (b), substituted “Arkansas Department of Transportation” for “Arkansas Transportation Commission [abolished]” and deleted “and regulations” following “rules”.

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Subchapter 3 — Offenses and Penalties Generally

Cross References. Felonies, § 5-1-106.

Misdemeanors, § 5-1-107.

Effective Dates. Acts 1911, No. 134, § 20: effective on passage.

Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1953, No. 135, § 4: Feb. 24, 1953. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that a number of vehicles formerly used as school buses are now being used by private persons and are not being used in the transporting of children to and from schools and that these vehicles are painted a distinctive color used by schools for school buses, and/or have the words ‘School Bus’ marked thereon, therefore wrongfully causing motorists to believe these vehicles are school buses, and as a result causing the slowing and delay of traffic and endangering the safety of motorists. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in force from and after the date of its passage and approval.”

Acts 1955, No. 174, § 3: Mar. 8, 1955. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that the crime of negligent homicide is a lesser degree of the crime of involuntary manslaughter; that this Act is necessary to include this in the criminal laws of this State. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1955, No. 186, § 3: Mar. 10, 1955. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that general confusion exists among the judges and attorneys of this State as to the law concerning reckless driving; that this Act seeks to clear up that confusion. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1961, No. 143, § 2: approved Mar. 1, 1961. Emergency clause provided: “Whereas, the accident rate, as a result of traffic violations, is increasing and trial judges need adequate preventive restrictions to impose upon drivers, it is found that this Act is in the furtherance of the administration of justice and is necessary for the immediate preservation of the public peace, welfare, and safety, and an emergency is hereby declared and this Act shall be in force and effect from and after its passage.”

Acts 1981, No. 918, § 3: Mar. 30, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing statutes establishing criminal penalties for hit and run accidents are conflicting and duplicating and that this Act is immediately necessary to eliminate such confusion. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 549, § 19: Mar. 21, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly that the act of driving a motor vehicle while under the influence of intoxicating alcoholic beverages or drugs constitutes a serious and immediate threat to the safety of all citizens of this State, and that increasing the penalty for this dangerous conduct may serve as a deterrent to such behavior. Further, it is found that increased income derived from the levying of such penalties can best be utilized to provide immediate alcohol and drug safety and rehabilitation and treatment programs both to prevent an increase in the use of intoxicating alcoholic beverages and drugs and to rehabilitate persons convicted of related offenses. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-50-301. Applicability of criminal code.

Any moving traffic law violation not enumerated in § 27-50-302 shall be known as a violation as defined in §§ 5-1-105 and 5-1-108, and shall be punishable as provided under § 5-4-201.

History. Acts 1977, No. 417, § 1; A.S.A. 1947, § 75-1053; Acts 1993, No. 403, § 25.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

27-50-302. Classification of traffic violations.

  1. The following traffic law violations shall be known as offenses and classified as indicated:
    1. Racing on a public highway — Class A misdemeanor;
    2. Reckless driving — Class B misdemeanor;
    3. Driving with lights off to avoid detection, identification, or apprehension — Class B misdemeanor;
    4. Hazardous driving — Class C misdemeanor;
    5. Leaving the scene of an accident involving property damage only — Class C misdemeanor;
    6. Driving the wrong way on a one-way street — Class C misdemeanor;
    7. Speeding in excess of fifteen miles per hour (15 m.p.h.) over the posted speed limit — Class C misdemeanor;
    8. Using nitrous oxide in a motor vehicle or motorcycle on a street or highway as prohibited under § 27-37-803 — Class C misdemeanor; and
    9. Observing a drag race as a spectator on a public highway — Class B misdemeanor.
  2. More than three (3) violations in a twelve-month period — Class C misdemeanor.

History. Acts 1977, No. 417, § 3; 1981, No. 918, § 2; 1983, No. 549, § 18; 1985, No. 1078, § 2; A.S.A. 1947, § 75-1055; Acts 2005, No. 1568, § 2; 2009, No. 826, § 1.

Amendments. The 2009 amendment redesignated the introductory language as (a), inserted “public” in (a)(1), substituted “Driving the wrong way” for “Wrong way” in (a)(6), inserted (a)(9), and redesignated former (9) as (a)(10).

Research References

U. Ark. Little Rock L.J.

Legislation of the 1983 General Assembly, Criminal Law, 6 U. Ark. Little Rock L.J. 613.

Case Notes

Evidence.

Defendant's conviction for speeding in excess of 15 miles per hour over the speed limit, in violation of subdivision (a)(7) of this section, was overturned due to insufficient evidence because while the radar gun measured defendant's speed at 51 mph in a 35 mph zone, the evidence showed that even a properly calibrated radar gun could measure speed only within plus or minus one mph. Partne Kiesling Daugherty v. State, 2012 Ark. App. 512 (2012).

Legislative Intent.

The legislature has always considered DWI to be a traffic offense and only removed it from the list of traffic offenses under this section when DWI became the focus of an entire act within itself. Hill v. State, 315 Ark. 297, 868 S.W.2d 44 (1993).

Cited: McKinney v. City of El Dorado, 308 Ark. 284, 824 S.W.2d 826 (1992).

27-50-303. Violations involving drivers' licenses.

The following nonmoving traffic law violations shall be classified as follows:

  1. Possession of a counterfeit driver's license or a deliberately altered driver's license — Class A misdemeanor; and
  2. Making a false statement to the Secretary of the Department of Finance and Administration to obtain a driver's license — Class A misdemeanor as defined under § 5-53-103 of the Arkansas Criminal Code.

History. Acts 1977, No. 417, §§ 2, 4; A.S.A. 1947, §§ 75-1054, 75-1056; 2019, No. 910, § 4810

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (2).

Case Notes

Cited: McKinney v. City of El Dorado, 308 Ark. 284, 824 S.W.2d 826 (1992).

27-50-304. Penalties for misdemeanors.

  1. It is a misdemeanor for any person to violate any of the provisions of this act unless the violation is by this act or other law of this state declared to be a felony.
  2. Every person convicted of a misdemeanor for a violation of any of the provisions of this act for which another penalty is not provided shall:
    1. For a first conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ten (10) days;
    2. For a second conviction within one (1) year thereafter, the person shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment for not more than twenty (20) days, or by both fine and imprisonment; and
    3. Upon a third or subsequent conviction within one (1) year after the first conviction, the person shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

History. Acts 1937, No. 300, § 151; Pope's Dig., § 6810; A.S.A. 1947, § 75-1004.

Meaning of “this act”. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

Case Notes

Reckless Driving.

Reckless driving is a misdemeanor. Doty v. Goodwin, 246 Ark. 149, 437 S.W.2d 233 (1969).

27-50-305. Penalty for violation of 1959 amendatory act.

  1. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, unless the violation is by this act or other law of this state declared to be a felony.
  2. Upon conviction, an offender shall be punished:
    1. For a first conviction, by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ten (10) days;
    2. For a second conviction within one (1) year thereafter, by a fine of not more than two hundred dollars ($200) or by imprisonment for not more than twenty (20) days, or by both fine and imprisonment; and
    3. For a third or subsequent conviction within one (1) year after the first conviction, by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

History. Acts 1959, No. 307, § 54; A.S.A. 1947, § 75-1037.

Meaning of “this act”. Acts 1959, No. 307, codified as §§ 16-58-121, 27-14-207, 27-14-212, 27-14-80127-14-804, 27-14-909, 27-14-913, 27-14-2002, 27-14-2003, 27-16-204, 27-16-303, 27-16-602, 27-16-604, 27-16-802, 27-16-803 [repealed], 27-16-906, 27-16-909, 27-19-203, 27-19-605, 27-19-701, 27-19-709, 27-19-713, 27-19-717, 27-35-10127-35-103, 27-35-111, 27-36-204, 27-36-208, 27-36-209, 27-36-21427-36-219, 27-37-202, 27-37-205, 27-37-206, 27-37-501, 27-37-502, 27-49-212, 27-49-218, 27-50-305, 27-51-201, 27-51-208, 27-51-209, 27-51-307, 27-51-308, 27-51-503, 27-51-601, 27-51-702, 27-51-703, 27-51-705, 27-51-1002, 27-51-1301, 27-51-1303, 27-51-1306, 27-51-1307, 27-52-107.

Case Notes

Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976); Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988).

27-50-306. Additional penalties on conviction of moving traffic violations.

  1. In addition to the penalties provided by law, after the conviction of any person for any moving traffic violation, the sentencing court may in disposition and assessing penalty consider the previous traffic conviction record and impose the following penalties, or combination of penalties:
    1. Suspend the driver's license for any period not to exceed one (1) year;
    2. Suspend the driver's license for any period, not to exceed one (1) year, but grant a conditional permit to drive during the suspension, by imposing conditions and restrictions not to exceed one (1) year defining circumstances under which the violator will be allowed to drive while under suspension;
    3. Require the attendance of the violator at a driver's training school;
    4. Require the violator to retake the driver's test, or furnish proof of adequate sight or hearing necessary for driving, or produce proof of physical or mental capacity and ability to drive;
    5. Require minors to write themes or essays on safe driving; or
    6. Place a minor under probationary conditions, as determined by the court in its reasonable discretion, designed as a reasonable and suitable preventative and educational safeguard to prevent future traffic violations by the minor.
    1. Unless the offense is otherwise addressed under § 5-4-703, in addition to any other sentence, the sentencing court shall assess an additional fine of five dollars ($5.00) for reckless driving, § 27-50-308, or for speeding in excess of twenty miles per hour (20 m.p.h.) over the posted speed limit if the finder of fact determines that the traffic violation was committed while a person under eighteen (18) years of age was a passenger in the motor vehicle.
    2. A fine assessed and collected under this subsection shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund.

History. Acts 1961, No. 143, § 1; A.S.A. 1947, § 75-1038a; Acts 2017, No. 714, § 6.

Amendments. The 2017 amendment added the (a) designation and added (b); substituted “sentencing court” for “trial judge or magistrate” in the introductory language of (a); and made stylistic changes.

Case Notes

Driving While Intoxicated.

The court had authority to suspend the defendant's driver's license where the defendant was convicted on driving while intoxicated and speeding, notwithstanding the contention that, pursuant to § 5-65-104, only the Department of Finance and Administration can suspend a license for driving while intoxicated, since the court still had authority to suspend the defendant's driver's license for moving traffic violations. Cook v. State, 333 Ark. 22, 968 S.W.2d 589 (1998).

27-50-307. Negligent homicide.

  1. When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle in reckless or wanton disregard of the safety of others, the person operating the vehicle shall be guilty of negligent homicide.
  2. The Secretary of the Department of Finance and Administration shall revoke the operator's or chauffeur's license of any person convicted of negligent homicide under the provisions of this section.
  3. The offense of negligent homicide shall be included in and be a lesser degree of the offense of involuntary manslaughter.

History. Acts 1937, No. 300, § 48; Pope's Dig., § 6706; Acts 1955, No. 174, § 1; A.S.A. 1947, § 75-1001; Acts 2017, No. 448, § 42; 2019, No. 910, § 4811.

Publisher's Notes. The former offense of involuntary manslaughter is now included in manslaughter and negligent homicide, §§ 5-10-104 and 5-10-105, respectively.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “commissioner” in (b).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

Research References

Ark. L. Rev.

Negligent Homicide, 9 Ark. L. Rev. 388.

Criminal Law — Negligent Homicide Statutes — Requirement of Mens Rea, 11 Ark. L. Rev. 448.

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

Case Notes

Alternative Means of Prosecution.

Where party was killed as the result of the reckless driving of an automobile by the defendant, the defendant was properly charged with statutory offense of involuntary manslaughter, despite this section governing automobile homicide, as state could base its prosecution for negligent death under either statute. Campbell v. State, 215 Ark. 785, 223 S.W.2d 505 (1949).

If homicide resulted from operation of vehicle in a reckless or wanton disregard of safety of others, prosecution could have been under this section or involuntary manslaughter statute; but if homicide resulted from operation of vehicle in a willful disregard of safety of others, then offense could not have been negligent homicide but must have been at least involuntary manslaughter. Bentley v. State, 252 Ark. 642, 480 S.W.2d 346 (1972).

Elements of Offense.

For conviction under this section, it is not necessary that the defendant be guilty of willful or wanton negligence, but only that he be guilty of a reckless or wanton disregard for the safety of others. Baker v. State, 237 Ark. 862, 376 S.W.2d 673 (1964).

Evidence.

Where conviction for negligent homicide is based on surmise and conjecture and when the physical evidence at the scene of the accident is consistent with most any hypothesis, the judgment must be reversed. Ayers v. State, 247 Ark. 174, 444 S.W.2d 695 (1969).

Wrongful Death Actions.

Trial court did not err by granting a motion in limine to prohibit introduction of evidence, in wrongful death action brought after one passenger died in automobile accident, that both drivers pleaded nolo contendere to the charge of negligent homicide under this section and § 27-50-804 resulting from the collision. Patterson v. Odell, 322 Ark. 394, 909 S.W.2d 648 (1995).

Cited: Rickett v. Hayes, 251 Ark. 395, 473 S.W.2d 446 (1971).

27-50-308. Reckless driving.

  1. Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving.
      1. If physical injury to a person results, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than thirty (30) days nor more than ninety (90) days or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
      2. Otherwise, every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five (5) days nor more than ninety (90) days or a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500), or by both such fine and imprisonment.
      1. For a second or subsequent offense occurring within three (3) years of the first offense, every person convicted of reckless driving shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.
      2. However, if the second or subsequent offense involves physical injury to a person, the person convicted shall be punished by imprisonment for not less than sixty (60) days nor more than one (1) year or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

History. Acts 1937, No. 300, § 50; Pope's Dig., § 6708; Acts 1955, No. 186, § 1; A.S.A. 1947, § 75-1003; Acts 1987, No. 258, § 1.

Research References

Ark. L. Rev.

Reckless Driving, 9 Ark. L. Rev. 388.

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

Case Notes

Evidence.

Where the defendant in an action for damages pleads guilty to a criminal charge of reckless driving, it is not error to introduce testimony as to such plea as a declaration against interest of such defendant. Miller v. Blanton, 213 Ark. 246, 210 S.W.2d 293, 3 A.L.R.2d 203 (1948).

Lesser Included Offenses.

First-degree battery and aggravated assault are not lesser-included offenses of reckless driving and are not the same offenses for double jeopardy purposes. Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996).

Misdemeanor.

Reckless driving is a misdemeanor. Doty v. Goodwin, 246 Ark. 149, 437 S.W.2d 233 (1969).

Cited: Palmer v. Myklebust, 244 Ark. 5, 424 S.W.2d 169 (1968); Wright v. Burton, 279 Ark. 1, 648 S.W.2d 794 (1983).

27-50-309. Racing or observing a drag race as a spectator on a public highway.

  1. As used in this section:
    1. “Drag race” means:
      1. The operation of two (2) or more motor vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other; and
      2. The operation of one (1) or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the motor vehicle or motor vehicles within a certain distance or time limit;
    2. “Public highway” means a public road, county road, city street, or any paved or unpaved roadway that is owned or maintained by a public entity or municipality; and
    3. “Race” means the operation or use of one (1) or more motor vehicles traveling with excessive or at dangerous speeds in an attempt to:
      1. Outgain or outdistance another motor vehicle or motor vehicles;
      2. Arrive at a given destination ahead of another motor vehicle or motor vehicles; or
      3. Test the physical stamina or endurance of drivers over long-distance driving routes.
    1. A person commits the crime of racing on a public highway if he or she knowingly:
      1. Commits a violation of § 27-50-302(a)(1)-(9) and operates a motor vehicle in a race or drag race on a public highway;
      2. Participates in, promotes, solicits, or collects moneys at any location for any race or drag race on a public highway; or
      3. Rides as a passenger in or on a motor vehicle in any race or drag race on a public highway.
    2. Racing on a public highway is a Class A misdemeanor.
    1. A person commits the crime of observing a drag race as a spectator on a public highway if he or she with the purpose to observe a drag race on a public highway:
      1. Is knowingly present at and purposely observes the drag race or the preparation for the drag race; and
      2. Purposely demonstrates through active encouragement, assistance, facilitation, urging, or a request that the drag race commence.
    2. Observing a drag race is a Class B misdemeanor.

History. Acts 1911, No. 134, § 11, p. 94; C. & M. Dig., § 7427; Pope's Dig., § 6639; Acts 1965, No. 100, § 1; A.S.A. 1947, § 75-603; Acts 2005, No. 1568, § 3; 2009, No. 826, § 2.

Amendments. The 2009 amendment rewrote the section.

Cross References. Accidents, § 27-53-101 et seq.

Research References

ALR.

Criminal Liability for Street Racing (Drag Racing). 89 A.L.R.6th 565.

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

27-50-310. Use of officially designated school bus colors or words “school bus” unlawful.

  1. It shall be unlawful for any person to operate a motor vehicle that formerly was but is not now a school bus or a motor vehicle similar in shape and form to a school bus upon the public highways and roads of this state when the vehicle is painted with the officially designated school bus colors or has the words “SCHOOL BUS” marked thereon.
  2. Any person violating the provisions of subsection (a) shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100).

History. Acts 1953, No. 135, §§ 1, 2; A.S.A. 1947, §§ 75-1032, 75-1033.

27-50-311. Penalties for large trucks exceeding speed limits.

  1. The General Assembly has determined that the operation of trucks, as defined in subsection (b) of this section, at high speeds creates a unique threat to the public safety of Arkansas motorists and causes substantial damage to Arkansas highways. Through enacting this section, it is the intent of the General Assembly to deter such unsafe and damaging driving practices by providing severe penalties against those persons who are determined to be guilty of violating this section.
  2. For purposes of this section, the term “truck” means any vehicle with a registered gross weight of at least twenty thousand pounds (20,000 lbs.).
  3. When the operator of any truck as defined in subsection (b) of this section pleads guilty or nolo contendere to or forfeits bond for or is found guilty of operating such vehicle at a speed in excess of five miles per hour (5 m.p.h.) over the posted or legal speed limit, the operator shall be fined fifty dollars ($50.00) for each mile per hour in excess of five miles per hour (5 m.p.h.) over the posted or legal speed limit.
  4. The fine provided for in this section is in addition to all other fines and court costs levied for the violation.
    1. The circuit, district, and city courts levying and collecting the fines prescribed by this section may retain two percent (2%) of the fines as a collection fee. Any collection fee retained, pursuant to state accounting laws, shall be deposited by the tenth day of each month in the court automation fund as established by § 16-13-704 of the city or county to be used solely for court-related technology.
    2. After deducting the collection fee provided in subdivision (e)(1) of this section, the court shall remit the balance of the fines levied and collected under this section by the tenth day of each month to the Administration of Justice Fund Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit as general revenues of the state.
  5. The provisions of this section shall only apply to the operation of trucks on interstate highways or state highways that have a posted speed limit for trucks different from the posted speed limit for other motor vehicles.

History. Acts 1999, No. 1345, §§ 1-5; 2001, No. 740, § 1; 2001, No. 1809, § 7; 2003, No. 1765, § 37.

Subchapter 4 — Additional Penalty

A.C.R.C. Notes. References to “this subchapter” in §§ 27-50-40227-50-407 may not apply to § 27-50-408 which was enacted subsequently.

Publisher's Notes. Acts 1989, No. 935, § 5, provided: “It is the express intention of this act to authorize cities which have adopted coverage under LOPFI to collect the same three dollar ($3.00) fine on moving traffic violations, previously authorized for the benefit of Policemen's Pension and Relief Funds. In any municipality with a Policemen's Pension and Relief Fund, monies collected shall be deposited into the Relief Fund and not be used to defray the Arkansas Local Police and Fire Retirement System cost so long as there are active members in the Relief Fund.”

Effective Dates. Acts 1963, No. 257, § 8: Mar. 18, 1963. Emergency clause provided: “Whereas, the General Assembly recognizes the appalling increase in deaths, injuries and property loss brought about by motor vehicle traffic upon the highways and city streets of this state and of violations of criminal laws of this state; and, whereas, the General Assembly further recognizes that vigorous enforcement of the traffic laws and regulations and of the criminal laws can go far in reducing the number of automobile accidents and the crime ratio; and whereas, the General Assembly recognizes the recruitment, training and retention of competent police personnel in the respective cities of this state will go far in providing a competent police force to enforce the traffic laws and regulations of this state, and also the criminal laws and, whereas, the providing of an adequate pension and relief plan in the respective cities of this state will go far in encouraging the recruitment and retention of qualified police personnel, and whereas, the General Assembly recognizes that there is an immediate need for the providing of additional funds for proper operation of such policemen's funds, now, therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-50-401. [Repealed.]

Publisher's Notes. This section, concerning penalty collected on convictions of moving traffic violation or crime, was repealed by Acts 1995, No. 1256, § 20, as amended by Acts 1995 (1st Ex. Sess.), No. 13, § 4. The section was derived from Acts 1963, No. 257, § 1; 1965, No. 34, § 1; 1983, No. 849, § 1; A.S.A. 1947, § 75-1039; Acts 1991, No. 904, §§ 17, 20.

27-50-402 — 27-50-407. [Repealed.]

Publisher's Notes. These sections, concerning mandatory penalty, applicable only to certain cities, disposition of funds, penalties to be remitted monthly, failure to collect and remit, and annual audit, were repealed by Acts 2019, No. 394, § 8, effective July 24, 2019. The sections were derived from the following sources:

27-50-402. Acts 1963, No. 257, § 2; A.S.A. 1947, § 75-1040.

27-50-403. Acts 1963, No. 257, § 2; A.S.A. 1947, § 75-1040; Acts 1989, No. 935, § 1.

27-50-404. Acts 1963, No. 257, § 3; A.S.A. 1947, § 75-1041; Acts 1989, No. 935, § 2.

27-50-405. Acts 1963, No. 257, § 4; A.S.A. 1947, § 75-1042; Acts 1989, No. 935, § 3.

27-50-406. Acts 1963, No. 257, § 5; A.S.A. 1947, § 75-1043; Acts 1989, No. 935, § 4.

27-50-407. Acts 1963, No. 257, § 5; A.S.A. 1947, § 75-1043; Acts 2019, No. 910, § 4812.

Section 27-50-407 was also amended by Acts 2019, No. 910, § 4812, which would have substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” but was superseded by the provisions of Acts 2019, No. 394, § 8.

27-50-408. Fines for moving traffic violations in a highway work zone — Definitions.

  1. As used in this section, unless the context otherwise requires:
    1. “Construction personnel” means employees of the Arkansas Department of Transportation or the counties or the municipalities of this state or any contractors of the State Highway Commission or the counties or municipalities;
    2. “Conviction” means a formal declaration that a person is guilty of a violation of law determined when a person charged with a violation of law pleads guilty or nolo contendere, is found guilty, or forfeits a bond in lieu of a plea or trial; and
    3. “Highway work zone” means any area upon or adjacent to any highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress by employees of the department, the counties or the municipalities of this state, or any contractors of the State Highway Commission or the counties or municipalities.
        1. In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone.
        2. Equivalent additional court costs pursuant to § 16-10-305 shall not be assessed.
      1. Any bond posted pursuant to a charge of committing any moving traffic violation while in a highway work zone in this state shall include the additional equivalent fine in the amount of the bond otherwise required.
      1. All fines collected by the county or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts, district courts, or city courts of this state as a result of this section shall be paid by the collecting official to the county treasurer or town or city treasurer pursuant to law.
      2. All such amounts collected in circuit court shall be remitted to the county treasurer.
      3. All amounts collected pursuant to subdivision (b)(2)(A) of this section in district court shall be paid to the county or city treasurer pursuant to § 16-17-707.
      4. All amounts collected pursuant to subdivision (b)(2)(A) of this section in city court shall be paid to the treasurer of the town or city in which the city court is located.
      5. Amounts received by the county treasurer may be used for general county purposes, and amounts received by the city treasurer may be used for general city purposes.
    1. The additional fines and penalties shall not be assessed unless signs, either permanent or temporary, were present at the time of the violation in advance of the highway work zone warning the traveling public that fines are double in highway work zones.
    2. The signs shall be located no greater than one (1) mile nor less than one thousand five hundred feet (1,500') in advance of the highway work zone.
    3. Furthermore, the additional fines or penalties for speeding shall not be assessed unless signs, either permanent or temporary, are posted in advance of the highway work zone indicating the maximum speed limit to be obeyed while traveling through the highway work zone.
      1. All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices.
      2. The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the department in order that the signs shall be uniform throughout the state.
      3. The department is authorized to develop guidelines for the counties and municipalities to achieve uniformity.
  2. Nothing contained in this section shall be construed to abrogate any of the provisions of § 12-8-106 regarding the powers of the Division of Arkansas State Police.
  3. For purposes of this section, “moving traffic violation” shall include, but not be limited to:
    1. Careless or prohibited driving;
    2. Driving while intoxicated;
    3. Underage driving under the influence;
    4. Refusal to submit;
    5. Leaving the scene of an accident;
    6. Driving with lights off;
    7. Driving on an expired, suspended, or revoked license;
    8. Improper use of lighting equipment;
    9. Failure to obey traffic control devices and signs;
    10. Failure to operate a vehicle in accordance with the rules of the road;
    11. Failure to stop and render aid;
    12. Following too closely;
    13. Driving the wrong way on a one-way street;
    14. Hazardous driving;
    15. Impeding the flow of traffic;
    16. Improper backing;
    17. Improper lane change;
    18. Improper entrance or exit to avoid an intersection;
    19. Improper towing;
    20. Improper turning;
    21. Passing a stopped school bus;
    22. Racing on the highway;
    23. Reckless driving; and
    24. Exceeding the speed limit.

History. Acts 1995, No. 893, §§ 1-4; 2001, No. 1120, § 1; 2005, No. 1934, § 24; 2017, No. 707, § 344.

A.C.R.C. Notes. The operation of this section may be affected by the enactment of Acts 1995, No. 1256.

References to “this subchapter” in §§ 27-50-40227-50-407 may not apply to this section which was enacted subsequently.

Amendments. The 2017 amendment deleted former (a)(3) and redesignated former (a)(4) as (a)(3); substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1) and (a)(3); and rewrote (a)(2).

Subchapter 5 — Traffic Citations

Effective Dates. Acts 1969, No. 80, § 5: Feb. 21, 1969. Emergency clause provided: “It has been found by the General Assembly that state laws and municipal ordinances regulating motor vehicle operation are subject to constant abuse and flagrant violation by the lessees of automobile rental agencies and that this act is immediately necessary to alleviate this problem. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1971, No. 250, § 5: July 1, 1971.

Acts 2005, No. 1675, § 4: Apr. 5, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is confusion concerning the substance of the uniform traffic citation form; that the confusion has led to the dismissal of charges for traffic law violations; and that this act is immediately necessary to clarify that the uniform citation form may be altered to a substantially equivalent form for the use of law enforcement agencies. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-50-501. Uniform form to be used.

Every law enforcement officer in this state who is authorized to issue citations for traffic law violations shall use a uniform traffic citation form prescribed by the Department of Arkansas State Police or a substantially equivalent form.

History. Acts 1971, No. 250, § 1; A.S.A. 1947, § 75-1050; Acts 2005, No. 1675, § 1.

A.C.R.C. Notes. Acts 2005, No. 1675, § 3, provided:

“The provisions of this act shall apply to all previously issued citations for traffic law violations.”

27-50-502. Promulgation of form.

    1. The Department of Arkansas State Police is authorized and directed to promulgate a uniform traffic citation form.
    2. The form so promulgated or a substantially equivalent form shall be used exclusively by all law enforcement officers and agencies in this state in issuing citations for traffic law violations.
  1. Subsection (a) of this section shall not prohibit municipalities from promulgating uniform citation forms for use in enforcement of violations of their municipal code ordinances for offenses other than moving traffic law violations.

History. Acts 1971, No. 250, § 3; A.S.A. 1947, § 75-1052; Acts 2001, No. 331, § 1; 2001, No. 1484, § 1; 2005, No. 1675, § 2.

A.C.R.C. Notes. Acts 2005, No. 1675, § 3, provided:

“The provisions of this act shall apply to all previously issued citations for traffic law violations.”

27-50-503. Bulk purchasing authorized.

The Department of Arkansas State Police, in order to serve the convenience of local law enforcement officers, may establish procedures for the bulk purchasing of traffic forms to be sold to local law enforcement agencies at cost plus transportation charges in remitting them to local law enforcement agencies.

History. Acts 1971, No. 250, § 3; A.S.A. 1947, § 75-1052.

27-50-504. [Repealed.]

Publisher's Notes. This section, concerning the requirement that a copy of each citation be recorded, was repealed by Acts 2009, No. 456, § 18. The section was derived from Acts 1971, No. 250, § 2; A.S.A. 1947, § 75-1051; Acts 1995, No. 1296, § 95.

27-50-505. Information from owner regarding operation of motor vehicle ticketed for violation — Definition.

  1. As used in this section, unless the context otherwise requires, “police authority” means any municipal, county, or state police enforcement agency.
  2. When the registered owner of a motor vehicle receives notice from any police authority that the motor vehicle has been ticketed for a violation of any state law or municipal ordinance regulating motor vehicle operation or usage, the registered owner shall provide the notifying police authority with such information as he or she has available regarding the operation of the vehicle at the time it was ticketed, within fourteen (14) days of receipt of notice therefor.
  3. Failure or refusal of any registered owner of a motor vehicle to comply with the provisions of this section shall be a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00).

History. Acts 1969, No. 80, §§ 1-3; A.S.A. 1947, §§ 75-1047 — 75-1049; Acts 2011, No. 780, § 5.

Amendments. The 2011 amendment deleted (a)(1) and redesignated the remaining subdivision accordingly.

Subchapter 6 — Arrest and Release

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1981, No. 499, § 3: Mar. 16, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that, in many instances, residents of this State who are involved in minor traffic law violations have their driver's licenses picked up by the police officer who makes the arrest or issues the traffic law violation citation, and said practice of picking up driver's licenses before the persons are brought to trial, results in considerable inconvenience to the motoring public, and is an undue impairment of a person's driving privileges prior to trial of the alleged violation; and that the immediate passage of this Act is necessary to clarify the authority of law enforcement officers to pick up and withhold driver's licenses. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 417, § 8: Mar. 8, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the present laws on the regulation of the bail bond business and bail generally are confusing and have applied in an inconsistent manner; that there is an urgent need for the revision of laws pertaining to bail and that this Act is immediately necessary to eliminate deficiencies found in the present law. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-50-601. Procedure not exclusive.

The provisions of this subchapter shall govern all police officers in making arrests without a warrant for violations of this act for offenses committed in their presence, but the procedure prescribed in this subchapter shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense of like grade.

History. Acts 1937, No. 300, § 157; Pope's Dig., § 6817; A.S.A. 1947, § 75-1010.

Meaning of “this act”. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

27-50-602. Cases in which person arrested must be taken immediately before magistrate.

Whenever any person is arrested for any violation of this act punishable as a misdemeanor, the arrested person shall be immediately taken before a magistrate or other proper officer within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, in any of the following cases:

  1. When a person arrested demands an immediate appearance before a magistrate;
  2. When the person is arrested and charged with an offense under this act causing or contributing to an accident resulting in injury or death to any person;
  3. When the person is arrested upon a charge of negligent homicide;
  4. When the person is arrested upon a charge of driving while under the influence of intoxicating liquor or narcotic drugs;
  5. When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damage to property; or
  6. In any other event when the person arrested refuses to give his or her promise to appear in court as provided.

History. Acts 1937, No. 300, § 154; Pope's Dig., § 6814; A.S.A. 1947, § 75-1007; Acts 2011, No. 908, § 4.

Amendments. The 2011 amendment substituted “his or her promise” for “his written promise” in (6).

Meaning of “this act”. See note to § 27-50-601.

Case Notes

Cited: Hudgens v. State, 324 Ark. 169, 919 S.W.2d 939 (1996).

27-50-603. Release upon promise to appear.

  1. When a person is arrested for any violation of this act punishable as a misdemeanor and the person is not immediately taken before a magistrate as required, the arresting officer may issue an electronic citation or prepare in duplicate written notice to appear in court containing:
    1. The name and address of the person;
    2. The license number of his or her vehicle, if any;
    3. The offense charged; and
    4. The time when and place where the person shall appear in court, and if the officer is a bonded officer, he or she may require the person to post a bail bond and give receipt therefor.
  2. The time specified to appear must be at least five (5) days after the arrest unless the person arrested shall demand an earlier hearing.
  3. The place specified to appear shall be before a magistrate:
    1. Within the township or county in which the offense charged is alleged to have been committed; and
    2. Who has jurisdiction of the offense.
    1. If issued a written citation, the arrested person in order to secure release, as provided in this section, must give his or her written promise so to appear in court by signing in duplicate the written notice prepared by the arresting officer or post a bail bond as may be required by the arresting officer.
    2. If issued an electronic citation, the arrested person in order to secure release, as provided in this section, acknowledges receipt of the notice to appear in court and gives his or her promise to appear in court by acceptance of the electronic citation.
      1. The original of the notice to appear and of the receipt for bail shall be retained by the officer or electronically transmitted to the court, and the copy of each delivered to the person arrested.
      2. Thereupon, the officer shall forthwith release the person arrested from custody.
  4. An officer violating any of the provisions of this section shall be guilty of misconduct in office and shall be subject to removal from office.

History. Acts 1937, No. 300, § 155; Pope's Dig., § 6815; Acts 1961, No. 446, § 1; A.S.A. 1947, § 75-1008; Acts 2011, No. 908, § 5.

Amendments. The 2011 amendment inserted “issue an electronic citation or” in the introductory language of (a); inserted “or her” in (a)(2); inserted “If issued a written citation” in (d)(1); inserted present (d)(2) and redesignated the remaining subdivisions accordingly; and inserted “or electronically transmitted to the court” in present (d)(3)(A).

Meaning of “this act”. See note to § 27-50-601.

Case Notes

Cited: Russ v. Ratliff, 538 F.2d 799 (8th Cir. 1976); Thompson v. City of Little Rock, 264 Ark. 213, 570 S.W.2d 262 (1978); Brenneman v. State, 264 Ark. 460, 573 S.W.2d 47 (1978); Hudgens v. State, 324 Ark. 169, 919 S.W.2d 939 (1996).

27-50-604. [Repealed.]

Publisher's Notes. This section, concerning violation of promise to appear, was repealed by Acts 2009, No. 633, § 23. The section was derived from Acts 1937, No. 300, § 156; Pope's Dig., § 6816; A.S.A. 1947, § 75-1009.

27-50-605. Appearance by counsel.

A written promise to appear in court may be complied with by an appearance by counsel.

History. Acts 1937, No. 300, § 156; Pope's Dig., § 6816; A.S.A. 1947, § 75-1009.

27-50-606. Deposit of operator's license in lieu of bond — Issuance of receipt.

  1. Every person who is arrested for a violation of a traffic law, rule, or regulation punishable as a misdemeanor, who is not permitted to appear for trial on his or her own recognizance may in lieu of posting bond be admitted to bail upon depositing his or her current motor vehicle operator's or chauffeur's license.
    1. If the person is admitted to bail by depositing his or her current motor vehicle operator's or chauffeur's license with the arresting officer or clerk of the court, an official receipt shall be issued for the license, which shall be upon a form approved by the Director of the Office of Driver Services of the Department of Finance and Administration.
    2. The receipt shall serve in lieu of the operator's or chauffeur's license for the period of time and under the conditions provided in § 27-50-607.
  2. The motor vehicle operator's or chauffeur's license deposited as bail shall be retained by the clerk of the court before which the person is cited to appear for trial upon the charge.

History. Acts 1973, No. 246, § 1; A.S.A. 1947, § 75-1008.1.

Case Notes

Cited: Hudgens v. State, 324 Ark. 169, 919 S.W.2d 939 (1996).

27-50-607. Receipt to serve as license — Forfeiture of license.

  1. The official receipt received from the arresting officer shall serve in lieu of a driver's or operator's license for a time not in excess of twenty (20) days.
  2. If a defendant posts bail under the provisions of §§ 27-50-606 — 27-50-608 and upon an appearance to answer the charge or upon electing to plead guilty, the defendant's operator's or chauffeur's license shall be returned to him or her by the court clerk, unless revoked or suspended by a court of competent jurisdiction.
  3. If the defendant does not appear to answer the charge within twenty (20) days, or such later date as may be fixed by the court, then his or her motor vehicle operator's or chauffeur's license shall be determined to have been forfeited. The license shall be revoked by the court, or, in the event of a revocation or suspension of the motor vehicle operator's or chauffeur's license as a result of the trial of the case by the court, it shall be transmitted by the clerk of the court with a statement of the reason for the forfeiture, revocation, or suspension to the Director of the Office of Driver Services within one (1) day after the order or decision of the court revoking or suspending it.

History. Acts 1973, No. 246, § 2; A.S.A. 1947, § 75-1008.2.

27-50-608. Application for duplicate license after deposit unlawful.

  1. It shall be unlawful to make application for a duplicate license to operate a motor vehicle during the period when the original license is posted for an appearance in a court.
  2. Any person convicted thereof may be punishable by imprisonment of not less than seven (7) days nor more than six (6) months and by a fine of not more than five hundred dollars ($500), or both such fine and imprisonment.

History. Acts 1973, No. 246, § 3; A.S.A. 1947, § 75-1008.3.

27-50-609. Optional posting of bond or bond card — Exception.

  1. When any law enforcement officer in this state arrests or issues a citation for any traffic law violation or motor vehicle accident and the officer is authorized by law to take possession of and retain the operator's or chauffeur's license of the person so charged or cited, the person arrested or to whom the citation is issued shall have the option to either surrender his or her operator's or chauffeur's license or post a bond or a bond card to assure his or her appearance in court on the offense charged.
  2. The option to post a bond card shall not be available to a person charged with driving while intoxicated.
  3. As used in this section, the term “law enforcement officer” shall mean any member of the Arkansas State Police, a sheriff or a deputy sheriff, a member of a municipal police force, or a constable.

History. Acts 1981, No. 499, § 1; 1983, No. 411, § 1; A.S.A. 1947, § 75-1008.4.

Case Notes

Cited: Hudgens v. State, 324 Ark. 169, 919 S.W.2d 939 (1996).

27-50-610. Issuance of bond card.

A professional bail bond company as defined in § 17-19-101 et seq., a qualified surety pursuant to §§ 27-50-611 and 27-50-612, and an automobile club or association as defined in §§ 23-77-10123-77-109, may issue a bond card to a person licensed as an operator or chauffeur which shall constitute evidence of the undertaking of bond by the company to assure the appearance in court for the offense charged of a person arrested or issued a traffic citation for a motor vehicle accident or traffic law violation up to and including the amount in dollars stated upon the face of the bond card.

History. Acts 1983, No. 411, § 2; A.S.A. 1947, § 75-1008.5; Acts 1989, No. 417, § 4.

Publisher's Notes. The reference to the code section in Title 17 has been updated to reflect the 1995 realphabetization of the chapters in that title.

27-50-611. Right of qualified surety company to become surety with respect to guaranteed arrest bond certificates.

  1. Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed two hundred dollars ($200) with respect to any guaranteed arrest bond certificates issued in that year by an automobile club or association by filing with the Insurance Commissioner of this state an undertaking thus to become surety.
  2. Such undertaking shall be in form to be prescribed by the commissioner and shall state the following:
    1. The name and address of the automobile club or automobile association with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety;
    2. The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed two hundred dollars ($200) of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which the guaranteed arrest bond certificate was posted.
  3. The term “guaranteed arrest bond certificate”, as used in this section, means any printed card or other certificate issued by an automobile club or association to any of its members, which is signed by the member and contains a printed statement that the automobile club or association and a surety company guarantee the appearance of the person whose signature appears on the card or certificate and that they will, in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person in an amount not to exceed two hundred dollars ($200).

History. Acts 1955, No. 54, § 1; A.S.A. 1947, § 75-1035.

27-50-612. Guaranteed arrest bond certificates as cash bail.

  1. Any guaranteed arrest bond certificate with respect to which a surety company has become surety, as provided in § 27-50-611, when posted by the person whose signature appears thereon, shall be accepted in lieu of cash bail in an amount not to exceed two hundred dollars ($200) as a bail bond to guarantee the appearance of the person in any court, including district courts, in this state at such time as may be required by the court, when the person is arrested for violation of any motor vehicle law of this state or ordinance of any municipality in this state except for the offense of driving while intoxicated or for any felony when the violation is committed prior to the date of expiration shown on such guaranteed arrest bond certificates.
  2. Any guaranteed arrest bond certificate so posted as a bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds posted in criminal cases, and that any guaranteed arrest bond certificate posted as a bail bond in any municipal court in this state shall be subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular municipality pertaining to bail bonds posted.

History. Acts 1955, No. 54, § 2; A.S.A. 1947, § 75-1036.

Subchapter 7 — Trial and Judgment

Publisher's Notes. Acts 1985, No. 967, §§ 1, 2, are also codified as § 5-4-321.

27-50-701. Postponement of judgment.

In traffic misdemeanor cases, other than cases involving driving under the influence of alcohol or drugs, the judge shall have authority to postpone judgment for not more than one (1) year, during which period the defendant shall be in a probationary status, supervised or unsupervised, and shall remain in probationary status until judgment is entered.

History. Acts 1985, No. 967, § 1; A.S.A. 1947, § 75-1059.

27-50-702. Request for entry or postponement of judgment.

  1. At the request of the defendant, parent of a minor defendant, or counsel for the defense, judgment shall be entered as quickly as feasible and not more than ten (10) days following such request.
  2. At the request of the defendant, parent of a minor defendant, or counsel for the defense, probation may be continued and judgment postponed for more than one (1) year.

History. Acts 1985, No. 967, § 2; A.S.A. 1947, § 75-1060; Acts 1987, No. 457, § 1.

Subchapter 8 — Convictions

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1967, No. 92, § 3: Feb. 14, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that very often persons under the age of eighteen (18) years are convicted of moving traffic violations in this State, yet the parents, guardians and other persons responsible for such children have no knowledge of such conviction; and, in order that proper discipline and control may be exercised over the conduct of such children in the operation of motor vehicles, and in order to promote the public safety, the immediate passage of this Act is necessary. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health and safety, shall be in effect from and after the date of its passage and approval.”

Acts 1975, No. 276, § 2: Feb. 28, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the reporting of convictions for the offense of speeding when the speed was in excess of fifty-five miles per hour (55 mph) but less than the speed limit established prior to Public Law 93-239 is working an undue hardship upon the citizens of this State; that said conviction records are used by insurance companies to adjust premiums for motor vehicle coverage; and that under the circumstances as mentioned herein a speeding conviction should not adversely affect insurance premiums since such conviction is not related to safety, but is the result of legislation designed primarily for the purpose of conserving energy. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 834, § 2: Mar. 25, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that although the reporting of convictions for the offense of speeding in excess of fifty-five (55) miles per hour but less than the speed limit established prior to Public Law 93-239 works an undue hardship upon the people of this State because of the upward adjustment of insurance premiums for motor vehicle coverage when Public Law 93-239 was not passed for the purpose of promoting safety but energy conservation, it does provide some measure of safety to the public when chauffeurs are required by their employers to comply with the fifty-five (55) miles per hour speed limit thereby protecting not only the chauffeurs and their employers' property but also the public at large. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-50-801. [Repealed.]

Publisher's Notes. This section, concerning the requirement that convictions and forfeitures be reported, was repealed by Acts 2009, No. 456, § 19. The section was derived from Acts 1937, No. 300, § 160; Pope's Dig., § 6820; A.S.A. 1947, § 75-1013; Acts 2005, No. 1535, § 3.

27-50-802. Certain speeding convictions not included in report — Exception for chauffeurs.

  1. All courts in this state required by law to furnish records of convictions of all motor vehicle violations to the Office of Driver Services of the Department of Finance and Administration shall continue to furnish the records, but in compiling reports of convictions of traffic violations, the Office of Driver Services shall not include in the traffic violation report of any individual any conviction for the offense of speeding if the conviction is based on speeding upon a public highway in excess of fifty-five miles per hour (55 m.p.h.) speed limit as established pursuant to Public Law 93-239 of January 2, 1974, but less than seventy-five miles per hour (75 m.p.h.).
  2. The Office of Driver Services shall include in the traffic violation report of any person holding a chauffeur's license any conviction for the offense of speeding in excess of the fifty-five miles per hour (55 m.p.h.) speed limit as established pursuant to Public Law 93-239 of January 2, 1974, to the employer of the person and shall furnish the complete driver history record of the person pursuant to a written authorization as provided in § 27-50-908 to the employer of the person holding a chauffeur's license.

History. Acts 1975, No. 276, § 1; 1983, No. 834, § 1; A.S.A. 1947, § 75-1013.1; Acts 1987, No. 721, § 1.

U.S. Code. The relevant portions of Public Law 93-239, referred to in this section, have been repealed.

27-50-803. Notification when minor convicted.

Whenever any court in this state shall convict any person under the age of eighteen (18) years of any moving traffic violation under the laws of this state, or under any municipal ordinance, whether the fine and sentence imposed shall be collected or whether it may be suspended, the convicting court shall notify in writing the parents, guardian, or other person who signed the application of the person for an instructor's permit or operator's license as required by the provisions of § 27-16-702. If the convicted person does not have an instructor's permit or operator's license, the court shall notify the father or mother of the person, if living, or the guardian or other person having custody of the person of the conviction.

History. Acts 1967, No. 92, § 1; A.S.A. 1947, § 75-1044.

27-50-804. Records inadmissible in civil actions.

No record of the forfeiture of a bond or of the conviction of any person for any violation of this subtitle shall be admissible as evidence in any court in any civil action.

History. Acts 1937, No. 300, § 158; Pope's Dig., § 6818; Acts 1961, No. 216, § 1; A.S.A. 1947, § 75-1011.

Case Notes

Arrest Record.

A question pertaining to the arrest of a defendant is not incompetent under this section. Beene v. Youngblood, 247 Ark. 667, 447 S.W.2d 62 (1969).

Certified Copies.

A trial court in an action stemming from a traffic mishap was correct in refusing to allow the certified copy of the record of the municipal court in which an individual paid a fine for “failure to allow the right-of-way” to be introduced in evidence. Harbor v. Campbell, 235 Ark. 492, 360 S.W.2d 758 (1962).

Error in Testimony.

Where a party to a civil action was asked whether or not he had pleaded guilty to driving on the wrong side of the road and he answered, “Yes, I forfeited bond,” the error was that of the party so testifying and therefore not available to him as grounds for reversal. Midwest Bus Lines v. Williams, 243 Ark. 854, 422 S.W.2d 869 (1968).

Guilty Pleas.

While the municipal court record of a conviction for a traffic violation cannot be introduced because of this section, a plea of guilty as reflected in the records is competent as a declaration against interest. In addition, the arresting officer may testify as to what transpired in his presence, and if he is present in the court room at the time the case is heard, the officer may testify in a subsequent civil action as to any plea the defendant entered in his presence in the municipal court criminal action. MFA Mut. Ins. Co. v. Dixon, 243 F. Supp. 806 (W.D. Ark. 1965).

A plea of guilty to violation of a traffic law was an admission against interest, and a question in a civil action as to whether defendant so pleaded was proper. Midwest Bus Lines v. Williams, 243 Ark. 854, 422 S.W.2d 869 (1968).

Only proper evidence relating to a traffic violation conviction is a party's plea of guilty in open court. Dedman v. Porch, 293 Ark. 571, 739 S.W.2d 685 (1987).

Where probation contract was insufficient to support a finding that defendant had entered a guilty plea in open court, it was properly excluded by the trial court in a civil action. Ice v. Bramlett, 311 Ark. 157, 842 S.W.2d 29 (1992).

Trial court did not err by granting a motion in limine to prohibit introduction of evidence, in wrongful death action brought after one passenger died in automobile accident, that both drivers pleaded nolo contendere to the charge of negligent homicide under this section and § 27-50-307 resulting from the collision. Patterson v. Odell, 322 Ark. 394, 909 S.W.2d 648 (1995).

Where a driver sued another driver for negligence regarding a car accident, it was not an abuse of discretion to exclude evidence related to the other driver's traffic citation and resulting negotiated plea, because the other driver did not appear in court, and accordingly, did not enter a plea in open court. Nixon v. Chapman, 103 Ark. App. 222, 288 S.W.3d 266 (2008).

Harmless Error.

In a personal injury action, question about whether the defendant received a ticket for traffic violation was improper; however, where the trial court sustained objection to this question and promptly admonished the jury to disregard the question and answer and defendant neither moved for a mistrial nor made other evidence of disagreement, any prejudice arising from the question was removed. Breitenberg v. Parker, 237 Ark. 261, 372 S.W.2d 828 (1963).

Testimony of Court Officials.

Testimony of municipal court deputy clerk from the docket sheet of the various details of the case just as effectively introduced a record of conviction in the municipal court for violation of this section as if the docket sheet had been made an exhibit and thus violated this section. Garver v. Utyesonich, 235 Ark. 33, 356 S.W.2d 744 (1962).

Witness Statements.

A witness' statement that the police officer investigating the accident said he would have to take the driver to town was not evidence of a conviction, and thus does not violate this section. Fletcher v. Johnson, 231 Ark. 132, 328 S.W.2d 373 (1959).

Cited: Girard v. Kuklinski, 235 Ark. 337, 360 S.W.2d 115 (1962); Bearden v. J.R. Grobmyer Lumber Co., 331 Ark. 378, 961 S.W.2d 760 (1998); Dovers v. Stephenson Oil Co., 354 Ark. 695, 128 S.W.3d 805 (2003).

27-50-805. Credibility as witness not affected.

The forfeiture of a bond or the conviction of a person upon a charge of violating any provision of this act or other traffic regulation or rule less than a felony shall not affect or impair the credibility of the person as a witness in any civil or criminal proceeding.

History. Acts 1937, No. 300, § 159; Pope's Dig., § 6819; Acts 1961, No. 216, § 2; A.S.A. 1947, § 75-1012; Acts 2019, No. 315, § 3148.

Amendments. The 2019 amendment inserted “or rule”.

Meaning of “this act”. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

Research References

Ark. L. Rev.

Cross Examination and Impeachment, 15 Ark. L. Rev. 39.

Character, Corruption and Contradiction in Arkansas, 15 Ark. L. Rev. 50.

Conviction Upon Plea of Nolo Contendere as Impeaching Evidence, 21 Ark. L. Rev. 124.

Witnesses, 27 Ark. L. Rev. 229.

Case Notes

Admission.

Defendant's counsel's admission that his client had been drinking before an accident was not an invitation for the use of incompetent and prejudicial evidence that a police officer had placed a charge against defendant for driving while under the influence of intoxicants. Girard v. Kuklinski, 235 Ark. 337, 360 S.W.2d 115 (1962).

Inadmissible Testimony.

Testimony given by two police officers who investigated an accident, which was the basis of the personal injury action, that, in their opinion, the defendant was drunk was inadmissible, and the testimony of one of the police officers, given over objection, who had placed a charge against defendant for driving while under the influence of intoxicants was likewise incompetent, since there was no proof given that a conviction resulted. Girard v. Kuklinski, 235 Ark. 337, 360 S.W.2d 115 (1962).

Testing Credibility.

In action for personal injuries and property damage resulting from collision between plaintiffs' automobile and defendant's disabled truck, it was error for court to permit driver of truck to be questioned about conviction for speeding month after collision and in telling jury that conviction might be considered as bearing on driver's credibility. Dixie Culvert Mfg. Co. v. Richardson, 218 Ark. 427, 236 S.W.2d 713 (1951).

Questions on cross-examination about previous convictions of drunkenness are permissible to test credibility. Rickett v. Hayes, 251 Ark. 395, 473 S.W.2d 446 (1971).

Subchapter 9 — Central Driver's Records File

Publisher's Notes. Acts 1977, No. 465, § 11, provided that the act did not affect rights or duties that matured, liabilities or penalties that were incurred, or proceedings that were begun before July 6, 1977.

Effective Dates. Acts 1979, No. 1067, § 3: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that there is urgent need for additional funds for the construction, maintenance, and repair of State Highways and that the revenues normally considered highway revenues and available for such purposes are inadequate, that this Act is necessary to make additional revenue available for this purpose and should be given effect on July 1, 1979. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall take effect on July 1, 1979.”

Acts 1997, No. 892, § 8: Mar. 27, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly of the State of Arkansas that the Arkansas Uniform Commercial Driver License Act is out of compliance with federal laws concerning the commercial driver licenses thereby threatening a certain amount of federal highway funds; that federal highway funding is critical to most of the highway construction projects and threatens the fiscal health and safety of Arkansas' highway programs; and that these clarifications in Arkansas' law should take effect immediately to prevent any possible loss of the critical federal highway funds. Therefore, in order to remove the conflicts in those laws, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved or vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2015, No. 702, § 7: Jan. 1, 2016.

Acts 2017, No. 466, § 2: Mar. 13, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the law requiring notification to a licensed driver when a copy of his or her driving record is provided to another party is costly and cumbersome; that this requirement diverts resources away from other important state services and unless this requirement is eliminated some of these important state services will be reduced or eliminated; and that this act is immediately necessary to avoid state service reductions or cuts. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, heath, and safety shall be effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved or vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Public Law, 1 U. Ark. Little Rock L.J. 230.

27-50-901. Establishment.

The Office of Driver Services of the Department of Finance and Administration shall establish and maintain a central driver's records file on every driver who receives a conviction for a moving traffic violation while operating any motor vehicle subject to registration for highway use, whether such conviction occurred within this state or in another state.

History. Acts 1977, No. 465, § 1; A.S.A. 1947, § 75-1057.

27-50-902. Report from courts required.

  1. All courts in this state which have jurisdiction over such offenses shall report all final convictions to the Office of Driver Services utilizing the uniform traffic ticket as provided for under the provisions of §§ 27-50-501 and 27-50-504.
  2. In compiling and maintaining a central driver record file, the office shall ascertain to the best of its ability the authenticity of all final convictions reported to the office by requiring that all final dispositions by the courts dealing with these matters be signed by an official of the court.

History. Acts 1977, No. 465, §§ 1, 2; A.S.A. 1947, §§ 75-1057, 75-1057.1.

27-50-903. Responsibility to properly file conviction reports.

  1. It shall be the responsibility of the Office of Driver Services to properly file all traffic violation convictions received from the courts of this state or any other state and assign the conviction report to the named driver in the report.
  2. In the event a conviction report is improperly filed or reported, it shall be the responsibility of the office to correct the record and to notify the driver and any other party who has received the report of the incorrect filing and the fact that the record in question has been corrected.

History. Acts 1977, No. 465, § 3; A.S.A. 1947, § 75-1057.2.

27-50-904. Conviction for offense arising out of railroad accident.

The Office of Driver Services shall not include in the traffic violation report of a railroad engineer, conductor, fireman, or brakeman any conviction for an offense arising out of a railroad accident occurring while the engineer, conductor, fireman, or brakeman was performing duties as an engineer, conductor, fireman, or brakeman of a railroad.

History. Acts 1979, No. 393, § 1; A.S.A. 1947, § 75-1057.9.

27-50-905. Procedure for driver's right to contest entries.

    1. Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his driver's record.
    2. If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902.
    1. The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry.
    2. Within thirty (30) days after receipt of the notice, the office shall either remove the entry from the driver's record or notify the driver that the office finds the entry to be correct and that the entry shall remain a part of the driver's record.
    3. If the office finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.
    1. In the event the office finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the office that the entry was found to be correct to seek an order from the court requiring the office to change or delete the entry from the driver's record.
    2. The court's review of such an action shall be limited to a determination of whether the office had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the office acted in compliance with §§ 27-50-902 and 27-50-903.
    3. The burden of proof in the action shall be upon the driver instituting the action.
    1. If the court finds the entry to be incorrect, it shall order the office to amend the entry or delete the entry entirely.
      1. A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission.
      2. The claim shall be filed in the manner required by law.

History. Acts 1977, No. 465, § 4; A.S.A. 1947, § 75-1057.3.

Cross References. Arkansas State Claims Commission, filing of claim, § 19-10-201 et seq.

27-50-906. Furnishing of abstracts — Definition.

    1. The Office of Driver Services may furnish an abstract or driver confirmation record of any driver's record to:
      1. The driver on whom the record has been compiled;
      2. Any person who has been authorized in writing by the driver to obtain the driver's record;
      3. Any court having jurisdiction over traffic offenses;
      4. Any law enforcement officer, who shall use the report only in the line of duty in enforcing the traffic laws of this state;
      5. Employers of drivers, provided that the driver has given his or her written consent for the employer to obtain the driver's record;
      6. Any insurer licensed to do business in Arkansas or its agents, employees, or contractors in connection with the driving record or driver confirmation record of an insured or applicant and all licensed drivers in the household of the insured or applicant; and
      7. A governmental department or agency upon a showing of reasonable cause as to why the driver's record should be issued to the governmental department or agency in order for the governmental department or agency to effectively carry out its statutory duties.
      1. A driver's license status report shall be available to rental car companies who otherwise meet the requirements of this section for receiving an abstract of a driver's record upon the payment of one dollar ($1.00) for each license number checked. This fee shall be deposited to the State Treasury into the State Central Services Fund as a direct revenue to be used by the Revenue Division of the Department of Finance and Administration.
      2. The Information Network of Arkansas may charge an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for the service of transmitting this information electronically.
  1. For purposes of this section, “driver confirmation record” means information in the office concerning the name, date of birth, and current address of the licensed driver.
      1. The fee for an insured's or applicant's driver confirmation record shall be ten cents (10¢) per record.
      2. This fee shall be deposited into the fund as a direct revenue to be used by the division.
    1. The network may charge an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for the service of transmitting this information electronically.

History. Acts 1977, No. 465, § 1; A.S.A. 1947, § 75-1057; Acts 1999, No. 1359, § 1; 2001, No. 1810, § 1; 2015, No. 702, §§ 2-4; 2015, No. 1158, § 12; 2017, No. 466, § 1.

Amendments. The 2015 amendment by No. 702 redesignated existing (a)(7)(B) as (a)(7)(B)(i) [now (a)(1)(G)(ii) (a) ]; added (a)(7)(B)(ii) [now (a)(1)(G)(ii) (b) ]; inserted “under the Information Network of Arkansas Act, § 25-27-101 et seq.” in (a)(8)(B) [now (a)(2)(B)] and (c)(2); and made stylistic changes.

The 2015 amendment by No. 1158 redesignated the subdivisions in (a).

The 2017 amendment deleted (a)(1)(G)(ii); and made a stylistic change.

Cross References. Information Network of Arkansas § 25-27-101 et seq.

Effective Dates. Acts 2015, No. 702, § 7: Jan. 1, 2016.

27-50-907. Availability of recorded information.

  1. All information concerning a driver's record shall be made available to the driver or his or her legal representative.
    1. Information such as medical reports or other personal information shall not be a part of any written report the Office of Driver Services may provide, nor shall the office allow any person to copy or reproduce such records.
    2. Information in the central drivers' records file concerning the name, age, and current address of all drivers over the age of sixteen (16) years and under the age of twenty-six (26) years shall be made available to the Arkansas military recruiting coordinators for any of the armed forces of the United States for distribution to their branch offices. The information shall be available upon request of the military recruiting coordinators and may be requested and updated up to two (2) times during any calendar year.
  2. No digital driver's license photograph shall be disclosed to any individual or organization, except upon the written request for disclosure to a named individual or to a party by the person whose photograph is on the driver's license. A fee of five dollars ($5.00) shall be charged for each digital driver's license photograph provided by the office.

History. Acts 1977, No. 465, § 5; A.S.A. 1947, § 75-1057.4; Acts 1997, No. 892, § 4; 1999, No. 111, § 1.

27-50-908. Forms of authorization.

    1. The authorization to obtain a driver's record by anyone other than the driver, as provided in this subchapter, may be in the form of a signed release by the driver, power of attorney, and in the case of a minor, the parent or guardian or a legally appointed representative of the driver.
    2. The limited information concerning a driver's name, age and current address shall be subject to release to the military recruiting coordinators unless such release is denied by the driver or his or her legally appointed representative.
  1. A release signed by a driver or his or her legally appointed representative giving authority to an individual or organization to obtain the driver's driving record shall remain in force for a period of five (5) years from the date signed by the driver or until the date the driver or his or her legally appointed representative has withdrawn the release in writing on a form approved by and supplied by the office, whichever date occurs first.

History. Acts 1977, No. 465, § 6; A.S.A. 1947, § 75-1057.5; Acts 1995, No. 959, § 2; 1999, No. 111, § 2; 1999, No. 1359, § 2.

27-50-909. Fees for furnishing record.

    1. The Office of Driver Services may report a driver's record without charge to all courts, law enforcement agencies, governmental agencies, and public transit systems as provided in this subchapter. For purposes of this section “public transit systems” means entities which provide regular and continuing general or special transportation to the public and which receive federal assistance under 49 U.S.C. § 5307 or 49 U.S.C. § 5311.
    2. A fee in the amount prescribed in § 27-23-117(c) may be charged for any record search made and reported to the driver on whom the record is compiled or any other individual or organization requesting the record.
    3. The office shall charge a fee to report information concerning a driver's name, age, and current address of all drivers over the age of sixteen (16) years and under the age of twenty-six (26) years to the military recruiting services. The fee shall be determined by the office in an amount designed to recover the cost of producing the information for the recruiting services.
  1. Where a release has been granted by a driver or his or her legally appointed representative and the release has not been withdrawn as provided for in § 27-50-908, then all subsequent reports made on the driver shall be subject to the fee in effect at the time the subsequent report is made.

History. Acts 1977, No. 465, § 7; A.S.A. 1947, § 75-1057.6; Acts 1997, No. 225, § 1; 1999, No. 111, § 3; 2001, No. 1553, § 58.

27-50-910. [Repealed.]

Publisher's Notes. This section, concerning disposition of funds, was repealed by Acts 2015, No. 702, § 5. The section was derived from Acts 1977, No. 465, § 8; 1979, No. 1067, § 1; A.S.A. 1947, § 75-1057.7; Acts 2011, No. 780, § 6.

Effective Dates. Acts 2015, No. 702, § 7: Jan. 1, 2016.

27-50-911. Rules.

The Secretary of the Department of Finance and Administration may promulgate rules necessary to carry out the provisions of this subchapter.

History. Acts 1977, No. 465, § 9; A.S.A. 1947, § 75-1057.8; Acts 2019, No. 315, § 3149; 2019, No. 910, § 4813.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-50-912. Driver monitoring program — Reports — Definitions.

  1. As used in this section:
    1. “Driver monitoring report” means a report issued by the Office of Driver Services to an insurer, under a written agreement between the office and the insurer, that indicates whether a driver has had a traffic violation or accident during the previous month; and
    2. “Insurer” means:
      1. An insurance company licensed to do business in this state; or
      2. The authorized agent of an insurance company licensed to do business in this state.
  2. The office shall establish a driver monitoring program to monitor and report the driving records of individuals at the request of an insurer.
  3. The office may enter into a written agreement with an insurer to monitor the driver record of persons holding an Arkansas driver's license and provide a monthly driver monitoring report for each insured or driver monitored. The office may cancel this agreement at any time.
  4. The driver monitoring report shall:
    1. Indicate whether a violation is posted to the official driver record during the previous month;
    2. Not identify the specific violation or violations posted on the driver record; and
    3. Be used by an insurer solely to evaluate the driving record of current policyholders for reunderwriting purposes.
  5. The office is not required to provide the notice and information required by § 27-50-906(a)(1)(G)(ii) [repealed] when issuing a driver monitoring report.
    1. The office may charge a monthly fee of not less than twelve cents (12¢) and not more than nineteen cents (19¢) for each insured monitored.
    2. The office authorizes that one cent (1¢) of the revenues from subdivision (f)(1) of this section shall be special revenues and deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.
    3. The remaining revenues derived from subdivision (f)(1) of this section shall be deposited into the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration.
    4. The Information Network of Arkansas may charge insurers or their agents an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for transmitting a driver monitoring report electronically.
  6. The insurer is required to purchase a driving record pursuant to § 27-23-117(3) for any monitored insured or driver when the driver monitoring report indicates a violation has been posted to the driver's record during the previous month.

History. Acts 2015, No. 702, § 6.

Effective Dates. Acts 2015, No. 702, § 7: Jan. 1, 2016.

Subchapter 10 — Reports of Accidents

Cross References. Accident reports, § 27-53-201 et seq.

27-50-1001. Copies to be obtained.

  1. The Office of Driver Services of the Department of Finance and Administration shall obtain a copy of every accident report filed with the Department of Arkansas State Police as required under Acts 1937, No. 300, as amended.
  2. The office shall reimburse the Department of Arkansas State Police for the cost, if any, of preparing copies of the accident reports.

History. Acts 1979, No. 1037, § 1; A.S.A. 1947, § 75-1058.

Publisher's Notes. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

27-50-1002. Reports to be complete.

  1. No analysis shall be made by the Office of Driver Services of the Department of Finance and Administration from accident reports which do not contain sufficient information to make a fair analysis of the report.
  2. Diagrams required on the report shall be complete with adequate descriptive narrative to determine what occurred in the accident.
  3. All other information required in the report shall be completed by the investigating officer and all witnesses, if any, properly identified.

History. Acts 1979, No. 1037, § 7; A.S.A. 1947, § 75-1058.6.

27-50-1003. Method to determine recording of accident information.

  1. The Office of Driver Services shall determine from the accident report if the information is to be placed in the driver's record by careful analysis of the report by a person duly appointed by the administrator of the office.
    1. No record of an accident shall be recorded for any person who is found not guilty in a court of competent jurisdiction after having received a citation for a traffic law violation that resulted from the investigation of the accident.
    2. Where a conviction does not occur, the analysis shall conclude that certain persons were primarily at fault in the accident.
  2. In the instance where a clear determination cannot be made from the investigating police officer's report of the accident, then no entry will be made in the record of any person involved in the accident.

History. Acts 1979, No. 1037, § 2; A.S.A. 1947, § 75-1058.1.

27-50-1004. Reports by private citizens.

When a report of an accident is made by a driver of a vehicle involved in any accident, as required by §§ 27-53-202 and 27-53-203, the Office of Driver Services of the Department of Finance and Administration shall determine if sufficient evidence exists in the report to make an analysis and may require that supplemental information be filed by the person making the report or by any other person involved in the accident, before a final determination is made.

History. Acts 1979, No. 1037, § 3; A.S.A. 1947, § 75-1058.2.

27-50-1005. Involvement of unattended vehicle in accident.

  1. No entry shall be made into the record of a person whose unattended vehicle has been involved in an accident unless the person's vehicle was illegally parked or the accident was the direct result of negligence on the part of the person who was responsible for the unattended vehicle at the time the accident occurred.
  2. The determination that a vehicle was illegally parked shall be made as a result of the conviction of the person for such a violation.

History. Acts 1979, No. 1037, § 6; A.S.A. 1947, § 75-1058.5.

27-50-1006. Right of aggrieved driver.

  1. Any driver aggrieved by an entry into his or her record may request that the Office of Driver Services of the Department of Finance and Administration conduct a hearing for the purpose of contesting the information contained in the accident report or the method by which the decision was made to enter the information into the person's record.
    1. The conviction of a person for a traffic violation which caused the accident shall be prima facie evidence of who was primarily at fault in the accident and no hearing shall be held where such evidence exists.
    2. When appeals are taken from the decision of the trial court for a traffic violation, the office shall immediately expunge the record of the entry made as a result of the accident report until such time as the appeal becomes final.

History. Acts 1979, No. 1037, § 4; A.S.A. 1947, § 75-1058.3.

27-50-1007. Scheduling of hearings.

Hearings shall be conducted in the county of residence of the driver requesting the hearing within forty-five (45) days from the date the hearing request is received by the Office of Driver Services of the Department of Finance and Administration unless another time and place is otherwise agreed to by the driver and the office.

History. Acts 1979, No. 1037, § 5; A.S.A. 1947, § 75-1058.4.

Subchapter 11 — Abandoned Vehicles

Effective Dates. Acts 1969, No. 195, § 3: Mar. 7, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that an immediate need exists for an expeditious and economical means of disposing of the large number of vehicles abandoned within this State. Therefore, an emergency is declared to exist and this Act being necessary for the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 433, § 3: Mar. 12, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law pertaining to the disposition of abandoned motor vehicles is unclear as to the procedures involved when multiple vehicles are disposed of at a single sale, and that this Act is immediately necessary to establish such procedures. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2009, No. 681, § 2: Mar. 27, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are issues related to towing and storage that have arisen that call into question the adequacy of state law; that there have been numerous incidents where a vehicle, implement, or piece of machinery was towed from an area that lacked proper signage to provide notice to the operator that parking was prohibited; that property owners have had vehicles, implements, or pieces of machinery removed to distant locations from the area in which found abandoned or improperly parked; and that, as a result, the towing and storage charges exceeded the usual and customary amount in the community; and this act is immediately necessary so that a city of the first class, city of the second class, or incorporated town can enact ordinances to regulate the property owners and to protect the health and safety of their citizens related to towing and storage. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Ark. L. Rev.

Abandoned Property, 7 Ark. L. Rev. 339.

Case Notes

Common Law.

Sections 27-50-1101, 27-50-1102 [repealed], and 27-50-120127-50-1210 [repealed and reenacted] have not implicitly amended the common law rule now embodied in § 16-89-103, since the laws are not so inconsistent that they cannot stand together. Routh Wrecker Serv., Inc. v. Wins, 312 Ark. 123, 847 S.W.2d 707 (1993).

27-50-1101. Nonconsensual towing of a vehicle, implement, or piece of machinery — Definition.

      1. When a vehicle of a type subject to registration under the laws of this state, an implement, or a piece of machinery is found abandoned on private or public property within this state or is parked on private or public property within this state without the authorization of the property owners or other persons controlling the property, the property owner or his or her agent may have the vehicle, implement, or piece of machinery removed from the property by a towing and storage firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board.
        1. A county, city of the first class, city of the second class, or incorporated town by ordinance may regulate the manner that a property owner or other person controlling the property removes a vehicle, implement, or piece of machinery:
          1. By limiting:
            1. The distance from the location of removal to the destination of storage;
            2. The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and
            3. The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and
          2. By requiring signage under § 27-51-1305 to include:
            1. The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot;
            2. The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and
            3. Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards.
        2. An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section.
      2. Prior to the removal of an abandoned vehicle, implement, or piece of machinery or a vehicle, implement, or piece of machinery parked without authority as provided by this section, the towing and storage firm shall obtain in writing from the property owner or agent a written statement that includes at a minimum the following:
        1. Identification of the property owner or agent, including name, address, and telephone number;
        2. A statement that the property from which the vehicle, implement, or piece of machinery is to be removed is property owned or otherwise under the control of the agent requesting the removal;
        3. That the vehicle, implement, or piece of machinery is deemed abandoned or has been parked on the property without authorization, as the case may be;
        4. The make, model, and vehicle identification number or serial number of the vehicle, implement, or piece of machinery to be removed;
        5. The location to which the vehicle, implement, or piece of machinery will be removed, including the name, address, and telephone number of the towing and storage firm removing the vehicle, implement, or piece of machinery; and
        6. The signature of the property owner or agent requesting removal of the vehicle, implement, or piece of machinery.
      3. A copy of the written statement shall be left with the property owner or the on-site agent, who shall make the written statement available for inspection upon request by any person claiming an interest in the removed vehicle, implement, or piece of machinery.
      4. The towing and storage firm removing the vehicle, implement, or piece of machinery shall retain a copy of the written statement for three (3) years and make the statement available during regular business hours upon request to any person claiming an interest in the removed vehicle, implement, or piece of machinery or upon request to any law enforcement officer or board investigator.
      5. Unless other arrangements have been made with a repair business, a vehicle, implement, or piece of machinery on the premises of a repair business shall be deemed abandoned if either:
        1. The vehicle, implement, or piece of machinery is unclaimed by the owner within forty-five (45) days; or
        2. The debt is not paid within forty-five (45) days from the time the repair work is complete.
      6. A towing and storage firm shall not remove any abandoned vehicle, implement, or piece of machinery or improperly parked vehicle, implement, or piece of machinery without the authorization of the property owner or on-site agent as provided in this section except as may otherwise be authorized by the provisions of § 27-50-1201 et seq. or as directed by any law enforcement officer.
      7. A towing and storage firm removing a vehicle, implement, or piece of machinery as provided by this section shall not pay any compensation related to the removal of the vehicle, implement, or piece of machinery, whether as a referral fee or otherwise, to the owner or agent requesting the removal of the vehicle, implement, or piece of machinery.
      1. Any person towing a vehicle, implement, or piece of machinery as provided by this section and any person towing a vehicle, implement, or piece of machinery without the authorization of the owner or the owner's agent, including towing pursuant to a directive of repossession from a holder of a security interest in the vehicle, implement, or piece of machinery, shall notify the local police department or sheriff's office within whose jurisdiction the vehicle, implement, or piece of machinery was removed of the removal within two (2) hours of taking possession of the vehicle, implement, or piece of machinery.
      2. The towing and storage firm may not charge a storage fee for the vehicle, implement, or piece of machinery for the time it is stored prior to the notification required to the local police department or sheriff's office.
      3. Each police department or sheriff's office receiving notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall maintain a log recording the following information related to the vehicle, implement, or piece of machinery:
        1. Make;
        2. Model;
        3. Vehicle identification number or serial number;
        4. Date, time, and location of the removal; and
        5. Name, address, and telephone number of the person removing the vehicle, implement, or piece of machinery.
        1. Each police department or sheriff's office that receives notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall within twenty-four (24) hours of notification provide to the towing and storage firm information supplied from the records of the Office of Motor Vehicle, the Arkansas Crime Information Center, or, if there is evidence in the vehicle, implement, or piece of machinery indicating that it is registered in or from another state, the registration records from that state, the name and address of the last registered owner, and the name and address of the holder of any recorded lien on the vehicle, implement, or piece of machinery.
        2. If the information under subdivision (a)(2)(D)(i) of this section is not available for an implement or piece of machinery, the police department or sheriff's office that receives notice of the removal shall provide at a minimum whether any record exists in the records of the Office of Motor Vehicle or the Arkansas Crime Information Center regarding the implement or piece of machinery.
        1. In the event that readily available records fail to disclose the name of the owner of the vehicle, implement, or piece of machinery or any lienholder of record, the towing and storage firm shall perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended or abandoned vehicle, implement, or piece of machinery.
        2. For purposes of this subdivision (a)(2)(E), a “good faith search” means that the towing and storage firm checks the unattended or abandoned vehicle, implement, or piece of machinery for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that indicates a possible state of registration and title or other information related to the owner.
      1. Following removal of an abandoned vehicle or vehicle parked without authority, possession of the vehicle, notice requirements to owners and lienholders, and procedures for sale of unclaimed vehicles shall be governed by the provisions of §§ 27-50-1208 — 27-50-1210.
        1. The following procedures for the sale of an abandoned and unattended vehicle that is removed from a property as provided under §§ 27-50-1208 — 27-50-1210 shall apply in the same manner to an abandoned and unattended implement or piece of machinery:
          1. Possession of the implement or piece of machinery;
          2. Notice to owners and lienholders; and
          3. Procedures for sale.
        2. The towing and storage company shall have a first priority possessory lien on the implement or piece of machinery and its contents for all reasonable charges for towing, recovery, and storage subject to the limits provided by ordinance if one is in effect.
        3. Except as provided under subdivision (a)(3)(B)(iv) of this section, the lien against the implement or piece of machinery shall be perfected and all of the procedures related to the implement or piece of machinery shall be handled in the same manner as provided under § 27-50-1208(b)-(e) for abandoned and unattended vehicles.
        4. If information on the owner or owners of an implement or piece of machinery that is in the possession of a towing and storage company is not available pursuant to subdivisions (a)(2)(D)-(E) of this section, the towing and storage company shall provide notice by publication in a newspaper of general circulation in the region from where the implement or piece of machinery was removed.
        1. Notwithstanding any provision of law to the contrary and to the extent that the county, city of the first class, city of the second class, or incorporated town enacted an ordinance that limits the amount of towing and storage charges assessed against the owner or operator of the vehicle, implement, or piece of machinery, the towing and storage company shall have a first priority possessory lien limited to the amount allowed under the ordinance.
        2. The towing and storage company may assess any remaining charges to the property owner or other person controlling the property who requested the vehicle, implement, or piece of machinery be removed from the property.
  1. A county or city attorney may refer a possible violation of this section or an ordinance enacted under this section to the board for investigation.
    1. It shall be unlawful for a person to:
      1. Direct the removal of or to remove a vehicle, implement, or piece of machinery in violation of this section; and
      2. Violate or aid or abet any violation of this section.
      1. A person who pleads guilty or nolo contendere to or is found guilty of any violation of this section is guilty of a Class B misdemeanor.
      2. The information related to a plea of guilty or nolo contendere to or conviction for a violation as provided under subdivision (c)(2)(A) of this section shall be reported to the board.
    2. The removal of each vehicle, implement, or piece of machinery in violation of this section shall constitute a distinct and separate offense.

History. Acts 1953, No. 344, § 1; 1969, No. 195, § 1; 1981, No. 433, § 1; A.S.A. 1947, § 75-1034; Acts 1987, No. 166, § 1; 1987, No. 828, § 1; 1989, No. 680, § 1; 1997, No. 841, § 1; 1999, No. 1279, §§ 1, 6; 2001, No. 328, § 3; 2005, No. 2211, § 1; 2007, No. 861, § 1; 2009, No. 681, § 1; 2013, No. 1319, §§ 1-4.

Amendments. The 2009 amendment rewrote the section.

The 2013 amendment inserted “county” in (a)(1)(B)(i) and (a)(3)(C)(i); substituted “county, city, or incorporated town” for “city” in (a)(1)(B)(i) (a)(2) ; and inserted “county or” in (b).

Case Notes

Abandonment.

Abandonment requires a manifest act which expresses the intent of the owner to forsake his or her property; property is abandoned when it has been thrown away, or its possession voluntarily forsaken by the owner. Routh Wrecker Serv., Inc. v. Wins, 312 Ark. 123, 847 S.W.2d 707 (1993).

27-50-1102. [Repealed.]

Publisher's Notes. This section, concerning procedure to dismantle or destroy abandoned vehicles, was repealed by Acts 1997, No. 841, § 8. The section was derived from Acts 1973, No. 816, § 1; A.S.A. 1947, § 75-1034.1; Acts 1987, No. 828, § 2; 1989, No. 680, § 2.

27-50-1103. Wheel clamps — Definition.

  1. As used in this section, “wheel clamp” means a device fixed onto a wheel of a parked motor vehicle that renders the motor vehicle immobile.
  2. A county, city of the first class, city of the second class, or incorporated town may by ordinance regulate the use of wheel clamps.

History. Acts 2013, No. 1364, § 1.

Subchapter 12 — Removal or Immobilization of Unattended or Abandoned Vehicles

A.C.R.C. Notes. Acts 1993, No. 1000, repealed and impliedly reenacted §§ 27-50-1201, 27-50-1202, and 27-50-120427-50-1210.

Acts 2013, No. 1421, § 1, provided: “The name of Arkansas Code Title 27, Chapter 50, Subchapter 12, is changed from ‘Removal of Unattended or Abandoned Vehicles’ to ‘Removal or Immobilization of Unattended or Abandoned Vehicles’. The Arkansas Code Revision Commission shall make all changes in the Arkansas Code necessary to implement this section.”

Publisher's Notes. Former subchapter 12, concerning the removal of unattended or abandoned vehicles, was repealed by Acts 1989, No. 899, § 12. The former subchapter was derived from the following sources:

27-50-1201. Acts 1987 (1st Ex. Sess.), No. 42, § 1.

27-50-1202. Acts 1987 (1st Ex. Sess.), No. 42, § 9.

27-50-1203. Acts 1987 (1st Ex. Sess.), No. 42, § 3.

27-50-1204. Acts 1987 (1st Ex. Sess.), No. 42, § 4.

27-50-1205. Acts 1987 (1st Ex. Sess.), No. 42, § 5.

27-50-1206. Acts 1987 (1st Ex. Sess.), No. 42, § 2.

27-50-1207. Acts 1987 (1st Ex. Sess.), No. 42, § 6.

27-50-1208. Acts 1987 (1st Ex. Sess.), No. 42, § 6.

27-50-1209. Acts 1987 (1st Ex. Sess.), No. 42, § 7.

27-50-1210. Acts 1987 (1st Ex. Sess.), No. 42, § 8.

Effective Dates. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 392, § 9: Mar. 6, 1997. Emergency clause provided: “It is hereby found and determined by the Eighty-First General Assembly of the State of Arkansas that the present law regulating the towing and recovery business in Arkansas does not contain criminal penalties and does not permit the board to charge late fees for licenses and permits; that these deficiencies in the law encourage unpermitted towing vehicles to continue to operate on the highways of Arkansas; and that these unpermitted towing vehicles pose a significant threat to the health and highway safety of the driving public on Arkansas' public streets and highways. Therefore, in order to reduce this significant threat to the public's driving safety, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall become effective on the date of its approval by the Governor. If the bill is neither approved or vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1830, § 8: Apr. 18, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that uncertainty exists concerning the due process provided when unattended and abandoned vehicles and their contents are removed by a law enforcement officer in this state, and that additional procedures should be established whereby certain post-deprivation notice and opportunity for hearing be provided. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2007, No. 506, § 4: Mar. 26, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that current law regarding towing and storage, resulting possessory liens, and notice to owners and lienholders of the towed and stored vehicle has been interpreted to allow a possessory lien on items of a personal nature that are found in the content of a towed or stored vehicle; that most items of a personal nature have little if any value to a towing and storage firm worth securing through a possessory lien; and this act is immediately necessary to prevent an undue hardship from being placed on consumers in this state by depriving them of access to personal necessities because a possessory lien has been placed on items of a personal nature in their vehicle that has been towed and stored. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 644, § 2: July 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Towing and Recovery Board is not currently receiving a portion of the fines; that the General Assembly intended the board to receive fines; and that this act is immediately necessary to provide clarity and correction to the law so that the Arkansas Towing and Recovery Board can collect fines related to towing violations. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2009.”

Acts 2011, No. 1061, § 8: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2011 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2011 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2011.”

Acts 2013, No. 1366, § 8: July 1, 2013. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2013 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2013 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2013.”

Acts 2019, No. 1063, § 3: Jan. 1, 2020. Effective date clause provided: “Section 1 of this act is effective on and after January 1, 2020”.

Research References

U. Ark. Little Rock L.J.

Survey — Property, 10 U. Ark. Little Rock L.J. 605.

Case Notes

Constitutionality.

Where plaintiff left her vehicle unattended because of mechanical problems and claimed it was improperly towed, this subchapter did not violate her due process rights, as plaintiff could maintain a modern statutory or common law action in state court to recover towing and storage fees paid and any damages occasioned by loss of use of the vehicle. Davis v. Dahmm, 763 F. Supp. 1010 (W.D. Ark. 1991).

Common Law.

Sections 27-50-1101, 27-50-1102, and 27-50-120127-50-1210 [repealed and reenacted] have not implicitly amended the common law rule now embodied in § 16-89-103, since the laws are not so inconsistent that they cannot stand together. Routh Wrecker Serv., Inc. v. Wins, 312 Ark. 123, 847 S.W.2d 707 (1993).

27-50-1201. Applicability.

  1. This subchapter applies to a person that either:
    1. Engages in the towing or storage of vehicles in the State of Arkansas and is hired to tow or store the vehicle; or
    2. Performs vehicle immobilization service.
  2. This subchapter 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; and
    3. If in compliance with § 27-35-112, tow vehicles that are:
      1. Registered in another state;
      2. Operating under authority from the administration; and
      3. Not regularly doing business or soliciting business in the State of Arkansas.

History. Acts 1993, No. 1000, § 1; 2005, No. 1878, § 3; 2011, No. 1061, § 4; 2013, No. 1136, § 1; 2013, No. 1421, § 2.

A.C.R.C. Notes. The Interstate Commerce Commission, referred to in this section, was abolished by the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88. The successor agency to the Interstate Commerce Commission is the Surface Transportation Board.

Publisher's Notes. Former § 27-50-1201, concerning applicability, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993 No. 1000, § 14. The former section was derived from Acts 1989, No. 899, § 10.

Amendments. The 2011 amendment substituted “applies to a person” for “shall apply to any person, firm, organization, or other entity” in the introductory language of (a); inserted (a)(2); and rewrote (b)(3).

The 2013 amendment by No. 1136 rewrote (a); substituted “authority from the Federal Motor Carrier Safety Administration” for “federal Interstate Commerce Commission authority” in (b)(1); substituted “authority from the administration” for “federal Interstate Commerce Commission authority” in (b)(3)(B); and made stylistic changes.

The 2013 amendment by No. 1421 inserted “Either” and added subdivision designations (A) and (B) in (a)(1); added (a)(2); and made stylistic changes.

27-50-1202. Definitions.

As used in this subchapter:

  1. “Abandoned vehicle” means a vehicle deemed to be an unattended vehicle as defined in this section:
    1. As to which the owner has overtly manifested some intention not to retake possession; or
    2. That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession;
  2. “Consent” means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle;
  3. “Impounded or seized vehicle” means a vehicle subject to impounding or seizure by law enforcement under this Code, the Arkansas Rules of Criminal Procedure, a court order, or an ordinance;
  4. “Nonconsent” means towing, storage, or recovery of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined in this section or a disabled or inoperative vehicle without the express or implied permission of the vehicle owner, operator, agent, or person in charge of the vehicle;
  5. “Owner” means, in the absence of conclusive evidence to the contrary, the person in whose name the vehicle is registered with the Office of Motor Vehicle or in whose name the vehicle is registered in another state;
  6. “Owner preference” means the right of the owner, the owner's agent, or a competent occupant of a disabled or inoperative vehicle subject to nonconsent towing, storage, or recovery to request some responsible and reasonable person, gratuitous bailee, bailee for hire, or properly licensed or permitted tow facility chosen by the owner, the owner's agent, or a competent occupant of the vehicle, to take charge and care of the vehicle;
  7. “Person” means an individual, partnership, corporation, association, or other entity;
  8. “Public way” means a road, highway, or street over which the public may travel, including the traveled surface and a berm or shoulder of a road, highway, or street;
  9. “Removal” means that a law enforcement officer may request a towing and storage firm that is licensed by the Arkansas Towing and Recovery Board to engage in nonconsent towing of vehicles to remove and store:
    1. An unattended vehicle or abandoned vehicle under this subchapter;
    2. A disabled or inoperative vehicle for which the owner or person in charge of the vehicle has waived his or her right to owner preference as defined in this section;
    3. A vehicle in which the operator was apprehended by law enforcement officers; or
    4. An impounded or seized vehicle;
  10. “Tow business” or “towing business” means a corporation or a business entity with an alternate DBA name, filed with the Secretary of State and regulated by the board to be used exclusively for the operation of a tow facility, vehicle immobilization company, or a storage facility, including without limitation a business that:
    1. Dispatches tow vehicles for nonconsent or consent towing and repossession;
    2. Stores vehicles; and
    3. Conducts business with the general public;
  11. “Tow vehicle” means a motor vehicle or related equipment subject to registration in the State of Arkansas that is used to tow, recover, upright, transport, or otherwise facilitate the movement of vehicles on public highways;
  12. “Unattended vehicle” means a vehicle that:
    1. Is left on public property without the consent of an authority in charge of the property or on or near a public way without some person, gratuitous bailee, or bailee for hire in possession of the vehicle and that:
      1. Is located within a distance of three feet (3') of the traveled surface of the public way;
      2. Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more; or
      3. Is not located on or near a public way but is left for a period of forty-eight (48) hours or more;
    2. Does not remain in the custody of a responsible person following an accident where the operator has been removed to a hospital or is otherwise unable to make personal arrangements for the vehicle's care;
    3. Was operated to a place of apprehension by law enforcement under police power and the operator was removed from the vehicle and taken into police custody;
    4. Is located upon a public right of way and due to geographic location, traffic density, or climatic conditions is creating an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer; or
    5. Is disabled or inoperative and located on or near a public way or on a public right-of-way, and honoring the owner preference would create an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer, due to:
      1. Geographic location;
      2. Traffic density; or
      3. Climatic conditions;
  13. “Vehicle” means a device by which persons or things may be transported upon a public highway and which is of the type subject to registration in Arkansas;
  14. “Vehicle immobilization service” means a person operating or directing others to operate a wheel clamp; and
  15. “Wheel clamp” means a device attached to a wheel of a vehicle that renders the vehicle immobile.

History. Acts 1993, No. 1000, § 2; 1997, No. 381, § 1; 1997, No. 392, § 1; 1999, No. 1279, § 4; 2001, No. 1830, §§ 1, 2; 2007, No. 1053, § 1; 2011, No. 1025, § 1; 2013, No. 1421, § 3; 2017, No. 953, §§ 1, 2; 2019, No. 176, § 1.

Publisher's Notes. Former § 27-50-1202, concerning definitions, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993, No. 1000, § 2. The former section was derived from Acts 1989, No. 899, § 1.

Amendments. The 2011 amendment substituted “As used in this subchapter” for “For the purposes of this subchapter, unless the context otherwise requires” in the introductory paragraph; in (1), inserted “vehicle” following “abandoned” and following “unattended”; inserted present (3) and redesignated former (3) through (11) as present (4) through (12); in (4), inserted “or impounded or seized vehicle” and substituted “this section” for “this subchapter”; in (5), substituted “‘Owner’ means” for “‘Owner’ of an unattended or abandoned vehicle shall” and deleted “be deemed to be” following “contrary”; deleted the former second sentence of (8); and rewrote (9) and (11).

The 2013 amendment added (13) and (14).

The 2017 amendment substituted “without the express or implied permission of the vehicle owner, operator, agent, or person in charge of the vehicle” for “for which the owner preference is waived by the owner or person in charge of the vehicle” in (4); in (6), inserted “subject to nonconsent towing, storage, or recovery” and substituted “or properly licensed or permitted tow facility chosen by the owner, the owner's agent, or a competent occupant of the vehicle” for “of his or her choosing”; and made a stylistic change.

The 2019 amendment added the definition for “Tow business” and redesignated the definitions in alphabetical order.

Case Notes

Abandoned.

Abandonment requires a manifest act which expresses the intent of the owner to forsake his or her property; property is abandoned when it has been thrown away, or its possession voluntarily forsaken by the owner. Routh Wrecker Serv., Inc. v. Wins, 312 Ark. 123, 847 S.W.2d 707 (1993).

Where a towing company sold an arrestee's truck, the arrestee's due process claim survived summary judgment because, inter alia, (1) the towing company was acting under color of state law, and (2) Ark. R. Crim. P. 15.2 applied rather than the Arkansas Removal of Unattended or Abandoned Vehicles statute, § 27-50-1201 et seq., since the truck was not “abandoned” or “unattended.” Smith v. Insley's, Inc., 499 F.3d 875 (8th Cir. 2007).

27-50-1203. Arkansas Towing and Recovery Board — Creation.

    1. There is hereby created the Arkansas Towing and Recovery Board consisting of nine (9) members appointed by the Governor and confirmed by the Senate, who shall serve terms of three (3) years.
      1. Four (4) members shall be appointed from the towing industry and shall be:
        1. Licensed by the board to engage in nonconsent towing; and
        2. Appointed from the state at large.
      2. Two (2) members who are permitted to engage in the consent-only business shall be appointed from the state at large.
      3. Two (2) members who are not associated with the towing industry shall be appointed from the state at large.
      4. One (1) member shall be appointed from the insurance industry.
    1. The appointed board members shall be residents of the State of Arkansas at the time of appointment and throughout their terms.
      1. A member appointed under subdivision (a)(2)(A) of this section shall remain engaged in the business of nonconsent towing.
      2. A member appointed under subdivision (a)(2)(B) of this section shall remain in the business of consent-only towing.
      3. A member appointed under subdivision (a)(2)(D) of this section shall remain actively engaged in the insurance industry.
      4. A member appointed under subdivision (a)(2)(A), subdivision (a)(2)(B), or subdivision (a)(2)(D) of this section who no longer satisfies the requirements for his or her board position under subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section shall:
        1. Provide notification of his or her change of status to the Governor and the Director of the Arkansas Towing and Recovery Board; and
        2. Resign from the board within thirty (30) days of the date upon which the member no longer satisfies the requirements of subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section.
    1. The members shall determine by majority vote of the quorum of the board who shall serve as chair.
    2. The chair shall be elected annually from the membership of the board.
    1. The board shall meet at such times and places that the chair deems necessary, but no meeting shall be held outside the State of Arkansas.
    2. Five (5) of the members of the board shall constitute a quorum for the purpose of transacting business.
    3. All actions of the board shall be by a quorum.
    1. The board shall promulgate rules to carry out the intent of this subchapter and shall regulate the towing industry and vehicle immobilization service industry, including:
      1. Establishing reasonable licensing, insurance, and equipment requirements for any person engaging in towing and related services for safety purposes or vehicle immobilization services under this subchapter;
      2. Establishing reasonable tow truck safety requirements for any tow vehicle as defined in this subchapter;
      3. Establishing a procedure to accept and investigate complaints from a consumer who claims that he or she has been overcharged for fees related to nonconsent towing, recovery, storage, or vehicle immobilization services;
      4. Determining and sanctioning excessive or unnecessary fees charged to consumers related to nonconsent towing, recovery, storage, or vehicle immobilization services;
      5. Requiring all entities permitted, licensed, or regulated under this subchapter to provide to the board all documents in response to information requests by the board pursuant to the investigation of consumer complaints or board complaints against the permittee or licensee;
      6. Requiring all entities permitted, licensed, or regulated under this subchapter to provide itemized billing for fees related to towing, storage, or vehicle immobilization services that explains how the charges were calculated;
      7. Requiring all entities permitted, licensed, or regulated under this subchapter to maintain a copy of their current maximum rate schedule or fee schedule posted in a conspicuous place and readily accessible to the public;
      8. Requiring all entities permitted, licensed, or regulated under this subchapter to allow the owner or agent of the owner of a motor vehicle removed under this subchapter or under § 27-50-1101 to use any other entity permitted, licensed, or regulated under this subchapter when reclaiming the motor vehicle from storage;
        1. Requiring all entities permitted, licensed, or regulated under this subchapter to post a sign notifying customers of the consumer complaint process under § 27-50-1217.
        2. The sign shall be in a conspicuous and central location in the public area and shall be a minimum of sixteen inches by twenty inches (16" x 20") in size.
        3. The board may assess a fine of between fifty dollars ($50.00) and two hundred fifty dollars ($250) for failure to comply with the provisions of this subdivision (e)(1)(I); and
        1. The board shall set a minimum standard for the structure of the place of business and storage facility located in Arkansas and utilized for the daily operation of a towing company licensed and regulated under this subsection.
        2. The place of business shall utilize:
          1. A location easily accessible by the public;
          2. An appropriate and secure filing system for business records; and
          3. Clear and visible signage displaying the name on the business license issued by the board that:
            1. Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and
            2. Displays the name, physical address, a published telephone number of the towing company, and hours of operation.
    2. The promulgation and adoption of rules shall in all respects be in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    3. After the promulgation and adoption of rules, any proposed change to add to, amend, repeal, or change any of the rules shall not have effect until reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council subsequent to the time that the General Assembly next meets in regular session unless a finding exists that imminent peril to the public health, safety, or welfare requires immediate adoption, amendment, or repeal of the rules.
      1. The board may charge:
        1. Towing business license and vehicle immobilization service license fees not to exceed two hundred dollars ($200) per license; and
        2. A fee not to exceed one hundred dollars ($100) per tow vehicle safety permit.
      2. A person licensed by the board to perform towing services is authorized to perform vehicle immobilization services without obtaining a separate vehicle immobilization service license.
    1. The board shall also have the authority to impose late filing fees in addition to the original filing fees in an amount not to exceed the original amount of the license fee or safety permit fee.
    1. The board shall have the authority to employ and discharge any personnel as may be necessary to administer and enforce the provisions of this subchapter and the rules promulgated hereunder.
    2. The board shall employ investigators to investigate consumer complaints related to overcharging for nonconsent towing, recovery, storage fees, fees associated with the use of wheel clamps, violations of § 27-50-1101, this subchapter, and violations of the rules promulgated by the board under this subchapter.
  1. The board shall have the authority to obtain office space, furniture, stationery, and other proper supplies and conveniences reasonably necessary to carry out the provisions of this subchapter.
  2. Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.
  3. The board shall have the authority to establish a maximum amount to be charged by a towing business for each notification to an owner and a lienholder as required by this subchapter.
  4. The board shall issue a towing business license or issue a tow vehicle safety permit for a tow vehicle licensed in another state to tow any vehicle in this state only when the tow vehicle owner establishes to the board's satisfaction that the operation of the tow vehicle in this state is in compliance with § 27-35-112.

History. Acts 1989, No. 899, § 9; 1993, No. 1000, § 3; 1997, No. 250, § 246; 1997, No. 392, § 2; 1999, No. 1279, § 2; 2005, No. 1878, § 2; 2007, No. 861, §§ 2-4; 2007, No. 1053, § 2; 2011, No. 780, § 8; 2013, No. 1002, §§ 1, 2; 2013, No. 1366, § 4; 2013, No. 1421, §§ 4, 5; 2015, No. 1117, § 2; 2015, No. 1195, § 1; 2015, No. 1197, § 1; 2017, No. 953, §§ 3-5; 2019, No. 315, §§ 3150-3152.

A.C.R.C. Notes. Acts 1993, No. 806, § 3 provided:

“The board is to be reimbursed for meals and lodging, and any other expenses necessary when conducting board business, as well as reimbursed for mileage at the rate allowed for state employees. The board members will receive a per diem at the rate of fifty dollars ($50) for conducting board business.”

Acts 1995, No. 6, § 3, provided:

“BOARD MEMBER EXPENSES. The Board is to be reimbursed for meals and lodging, and any other expenses necessary when conducting board business, as well as being reimbursed for mileage at the rate allowed for state employees. The Board Members will receive per diem at the rate of fifty dollars ($50) for conducting board business.”

Pursuant to § 1-2-207, § 27-50-1203(e)(1)(D) is set out above as amended by Acts 2007, No. 1053, § 2. Acts 2007, No. 861, § 2, also amended § 27-50-1203(e)(1)(D) as follows: “(D) Determining and sanctioning excessive or unnecessary non-consent towing fees or storage fees, or both, charged to consumers;”.

Publisher's Notes. Acts 1993, No. 1000, § 3, provided, in part, that the members serving on the board on the effective date of the act shall continue to serve the remainder of their terms and members appointed thereafter shall be appointed so as to phase in the requirements of the act as rapidly as practical.

Acts 1993, No. 1000, § 3, also provided that after the board's initial promulgation and adoption of rules and regulations, unless a finding exists that imminent peril to the public health, safety, or welfare requires immediate adoption, amendment or repeal of any such rule or regulation, any subsequent proposed amendments or changes to the initial rules and regulations shall not have effect until after such time the Arkansas General Assembly next meets in regular session.

Amendments. The 2011 amendment inserted “in addition to the original filing fees” in (f)(2).

The 2013 amendment by No. 1002 added (e)(1)(H) and (k).

The 2013 amendment by No. 1366, in (f)(1), substituted “two hundred dollars ($200)” for “one hundred dollars ($100)” and “one hundred dollars ($100)” for “fifty dollars ($50.00).”

The 2013 amendment by No. 1421 inserted “and vehicle immobilization service industry” or similar language in (e)(1), (e)(1)(A) and (f)(1)(A); substituted “or vehicle immobilization services” for “fees” in (e)(1)(C) and (e)(1)(F); inserted “fees related to” or similar language in (e)(1)(C) and(e)(1)(F); in (e)(1)(D), substituted “fees charged to consumers related to nonconsent towing” for “non consent towing fees” and “or vehicle immobilization services” for “charged to consumers”; inserted “or fee schedule” in (e)(1)(G); inserted (f)(1)(B); and, in (g)(2), deleted “or” following “recovery,” and inserted “fee associated with the use of wheel clamps.”

The 2015 amendment by No. 1117 added (e)(1)(I).

The 2015 amendment by No. 1195 added (e)(1)(J).

The 2015 amendment by No. 1197 added (b)(2).

The 2017 amendment rewrote (a)(2)(A); redesignated the former subdivisions in (e)(1)(J) as (e)(1)(J)(i) and (ii); inserted “located in Arkansas and” in (e)(1)(J)(i); rewrote (e)(1)(J)(ii) (c) ; and rewrote (f)(1)(A).

The 2019 amendment deleted “and regulations” following “rules” in the introductory language of (e)(1), (e)(2), and (g)(1); and, in (e)(3), deleted “or regulations” following “rules” three times, and substituted “Administrative Rules Subcommittee” for “Administrative Rules and Regulations Subcommittee”.

27-50-1204. Penalties.

    1. The following shall be liable for all reasonable costs of towing, recovery, storage, and other incidental costs related to a removal of a vehicle under this subchapter:
      1. The owner of the vehicle;
      2. The person who left the unattended vehicle or abandoned vehicle before removal; and
      3. An owner or operator who waives the owner preference.
    2. If the vehicle is sold by foreclosure under § 27-50-1209, the owner or operator shall be liable for such costs in excess of the proceeds of the sale of the vehicle.
  1. Any law enforcement agency that without reasonable justification fails to provide information to the towing and storage firm within twenty-four (24) hours as prescribed by this subchapter shall be liable to the towing and storage firm for any accrued storage fees between the expiration of the twenty-four-hour period and such time as the information is provided.
  2. Upon any complaint or on its own initiative when the Arkansas Towing and Recovery Board has reason to believe that a law enforcement officer failed to adhere to an owner preference request or otherwise violated this subchapter, the board may investigate the matter and submit its findings to proper law enforcement authorities.
  3. Any person, excluding a law enforcement officer, who is determined by the board after reasonable notice and opportunity for a fair and impartial hearing held in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to have committed an act that is in violation of this subchapter or any rules promulgated under this subchapter is subject to civil penalties prescribed by the board, including monetary penalties not to exceed five thousand dollars ($5,000) or the suspension or revocation of any towing license or permit, or both.
  4. Nothing in this section shall be construed to limit the right to seek judicial review of any determination of the board pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    1. A penalty assessed by the board shall be paid no later than fifteen (15) days after the conclusion of the appeals process under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
    2. If not paid timely, a license or permit issued by the board may be suspended until the penalty is paid.
      1. If an entity or individual fails to pay a fine or an installment payment as provided under subdivision (f)(1) of this section, the board may provide written notice to the Office of Motor Vehicle of the failure to pay.
      2. The notice of the failure to pay a fine ordered by the board shall contain the following information:
        1. The name of the entity or individual that is subject to the fine;
        2. The vehicle identification number or other identifying information for the vehicle owned by the entity or individual that is the subject of the fine;
        3. The date the board imposed the fine;
        4. The amount of the fine;
        5. The date the fine or installment payment became delinquent; and
        6. The amount of the fine or installment payments that remain delinquent.
      3. Upon receipt of the notice of the failure to pay a fine or installment payment, the Office of Motor Vehicle shall suspend the tow vehicle license plate issued under § 27-14-601(a)(3)(J)(i) and the vehicle's registration.
      4. A suspension under this subdivision (f)(3) for failure to pay a fine ordered by the board shall remain in effect until the Office of Motor Vehicle receives written notice from the board that the fine has been paid.

History. Acts 1993, No. 1000, § 10; 2005, No. 1878, § 4; 2005, No. 2211, § 2; 2007, No. 861, §§ 5, 6; 2007, No. 1053, §§ 3-5; 2011, No. 732, § 1; 2011, No. 1025, § 2; 2019, No. 315, § 3153.

A.C.R.C. Notes. Pursuant to § 1-2-207, § 27-50-1204(f) is set out above as created by Acts 2007, No. 1053, § 5. Acts 2007, No. 861, § 6, also created § 27-50-1204(f) as follows: “(f)(1) All penalties assessed by the board shall be paid no later than fifteen (15) days after the appeal process under the Arkansas Administrative Procedures Act, § 25-15-201 et seq., had passed.

“(2) The failure to remit payment of penalties may result in the suspension of the license or permit until the penalty is paid.”

Publisher's Notes. Former § 27-50-1204, concerning penalties, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993, No. 1000, § 10. The former section was derived from Acts 1989, No. 899, § 3.

Amendments. The 2007 amendment added the (a)(1) and (a)(2) designations; in (a)(1), substituted “vehicle and” for “vehicle or” and inserted “or any owner or operator waiving an owner's preference”; added “If the vehicle is sold by foreclosure under § 27-50-1209, the owner or operator shall be liable for such costs” in (a)(2); substituted “five thousand dollars ($5000)” for “five hundred dollars ($500)” in (d); added (f); and made related changes.

The 2011 amendment by No. 732 inserted “issued by the Arkansas Towing and Recovery Board” in (f)(2); and added (f)(3).

The 2011 amendment by No. 1025, in (a)(1), substituted “following” for “owner of a vehicle and the person who left the vehicle unattended or abandoned or any owner or operator waiving an owner's preference” and added “of a vehicle under this subchapter”; and added (a)(1)(A) through (C).

The 2019 amendment deleted “and regulations” following “rules” in (d).

Case Notes

Not Entitled to Monetary Award.

In an owner's action seeking recovery of an all-terrain vehicle (ATV), a monetary award in favor of a wrecker service was erroneous because the wrecker service's liens under §§ 18-45-201 and 18-45-402 were satisfied upon receipt of the sum generated from the sale of the ATV and its lack of perfection of its lien under § 27-50-1208 precluded a finding of a possessory lien. Payne v. Donaldson, 2010 Ark. App. 255, 379 S.W.3d 22 (2010).

27-50-1205. Tagging.

Any law enforcement officer or code enforcement officer as defined by municipal ordinance observing an unattended vehicle, abandoned vehicle, disabled vehicle, or inoperative vehicle on or near a public way shall:

    1. Order immediate removal of the vehicle if it:
      1. Is located within three feet (3') of the traveled surface of a public way; or
      2. Appears to create an immediate and substantial hazard to the public; and
    2. Log the removal order accordingly; or
    1. Tag the vehicle if it is located at a distance of three feet (3') or more from the traveled surface of a public way by securely affixing a colored form or other easily observable sticker.
    2. The tag or sticker used under this subdivision (2) shall show:
      1. The date and time of tagging;
      2. That the vehicle will be removed under this subchapter unless the vehicle is removed within twenty-four (24) hours;
      3. The location and telephone number where more information may be obtained; and
      4. The identification of the officer.

History. Acts 1993, No. 1000, § 5; 1999, No. 1279, § 3; 2007, No. 100, § 1; 2007, No. 1053, § 6; 2011, No. 1025, § 3.

Publisher's Notes. Former § 27-50-1205, concerning tagging, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993, No. 1000, § 5. The former section was derived from Acts 1989, No. 899, § 4.

Amendments. The 2007 amendment by No. 100 inserted “or code enforcement officer as defined by municipal ordinance” in the introductory paragraph.

The 2007 amendment by No. 1053 rewrote (1).

The 2011 amendment substituted “an unattended vehicle, abandoned vehicle, disabled vehicle, or inoperative vehicle on or near a public way” for “a vehicle on or near a public way which appears to be unattended or abandoned” in the introductory paragraph; redesignated (2) as (2)(A) and (B) and (2)(A) through (D) as (2)(B)(1) through (4); substituted “the vehicle” for “any unattended, abandoned, disabled, or inoperative vehicle” in (1)(A) and (2)(A); and inserted “used under subdivision (a)(2) of this section” in (2)(B).

27-50-1206. Notice to storage firm — Definition.

    1. For all requests to a licensed towing and storage firm to remove and store an unattended vehicle, abandoned vehicle, or impounded or seized vehicle, the law enforcement agency shall issue a written order that states the removal is for nonconsent services and shall provide information supplied from the records of the Office of Motor Vehicle, Arkansas Crime Information Center records, or the motor vehicle records of another state indicating the name and address of the last registered owner, the name and address of the holder of any recorded lien on the vehicle, and the vehicle identification or serial number of the vehicle.
    2. If there is evidence in the vehicle indicating that the vehicle is registered in another state, the information shall be supplied from the motor vehicle records of that state.
      1. If a law enforcement officer or other official issues a hold against the release of the vehicle, the law enforcement officer's order to remove and store the vehicle shall include a written explanation for the issuance of the hold.
      2. When the hold on the vehicle is released, the law enforcement officer or other official who issued the hold shall provide written notice of the release to the towing and storage firm.
    1. In the event that readily available records fail to disclose the name of the owner or any lienholder of record, the law enforcement officer or his or her agency shall notify in writing the towing and storage firm that after receiving the notice the towing and storage firm is required to perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended vehicle, abandoned vehicle, or impounded or seized vehicle.
    2. For purposes of this subsection, a “good faith search” means that the towing and storage firm checks the unattended vehicle, abandoned vehicle, or impounded or seized vehicle for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that may indicate a possible state of registration and title.
    3. The towing and storage firm shall provide in writing to the law enforcement officer or agency the results of the search and, if appropriate, certify that a physical search of the unattended vehicle, abandoned vehicle, or impounded or seized vehicle disclosed that no ownership documents were found and that a good faith search was conducted.
    4. If the vehicle is subject to a hold limiting access to the vehicle, the law enforcement agency issuing the hold shall perform a good faith search to locate documents or other evidence of ownership and lienholder information to the extent required to preserve limited access to the vehicle.
    1. Within not more than twenty-four (24) hours from the order to remove, the officer involved or his or her agency shall contact the towing and storage firm and advise the firm of any unusual circumstances causing the delay of the required information that was not available to the officer at the time the order to remove was issued.
    2. The officer or agency shall provide the delayed information immediately upon receipt.
  1. When a vehicle is removed under this subchapter by law enforcement and is subject to impoundment or seizure pursuant to police power or any lawful court order, the law enforcement officer shall provide to the towing and storage firm a written statement setting forth the conditions of release of the vehicle.

History. Acts 1993, No. 1000, § 6; 1997, No. 841, § 2; 2001, No. 1830, § 3; 2005, No. 1878, § 5; 2007, No. 1053, § 7; 2011, No. 1025, § 4.

Publisher's Notes. Former § 27-50-1206, concerning notice to storage firm, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993, No. 1000, § 6. The former section was derived from Acts 1989, No. 899, § 5.

Amendments. The 2007 amendment added (a)(3); inserted “in writing” in (b)(1) and (b)(3); and inserted “after receiving the notice” in (b)(1).

The 2011 amendment rewrote (a)(1); in (b)(1), substituted “the towing and storage firm is required to” for “the firm shall” preceding “perform a good faith,” and “unattended vehicle, abandoned vehicle, or impounded or seized vehicle” for “unattended or abandoned vehicle”; substituted “vehicle, abandoned vehicle, or impounded or seized vehicle” for “or abandoned property” in (b)(2); substituted “unattended vehicle, abandoned vehicle, or impounded or seized vehicle” for “unattended or abandoned property” in (b)(3); and added (b)(4).

27-50-1207. Removal of vehicles.

    1. A law enforcement agency that directs the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle shall adopt a written vehicle removal policy, the provisions of which shall not be in conflict with this subchapter.
      1. Any vehicle removal policy shall provide that owner preference as defined by this subchapter shall be offered to the owner, to his or her agent, or to any competent occupant of any disabled or inoperative vehicle except in those instances of exigent circumstances or where the immediate clearing of a public thoroughfare mandates an expedited towing service.
      2. In those instances where exigent circumstances or where the immediate clearing of a public thoroughfare mandates an expedited towing service, owner preference shall be honored when the owner has requested a towing service that is located in the particular towing zone where services are to be rendered and is ready to promptly respond to the request for services.
        1. If a law enforcement officer fails to provide an owner of a vehicle with an owner preference as required under this section, then the owner may file a complaint with the law enforcement agency that employs the law enforcement officer or the Arkansas Towing and Recovery Board, or both.
        2. Nothing in this subsection precludes a person who has been denied the right of owner preference from seeking any other legal or equitable remedy.
    2. Nothing in this section shall be construed to authorize the towing of a vehicle in violation of other provisions of this subchapter.
  1. All law enforcement officers shall comply with the policies prescribed by their agencies as to the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined by this subchapter.
  2. No law enforcement officer shall:
    1. Suggest or recommend any particular towing and storage firm to the owner, his or her agent, or any competent occupant of any disabled or inoperative vehicle; or
    2. Accept gifts or special consideration from the owner of a towing business or anyone acting on the owner's behalf in relation to removal of vehicles as provided by this subchapter.
  3. Upon request, any law enforcement officer or his or her agency who orders a removal pursuant to this subchapter shall provide to the owner, to his or her agent, or to any competent occupant of the removed vehicle the name, location, and telephone number of the towing and storage firm requested to remove and store the vehicle.
    1. Should the owner or lienholder of a vehicle removed under this subchapter consider that the removal of the vehicle was not legally justified or properly subject to a law enforcement hold, the owner or lienholder may within thirty (30) days after removal or within thirty (30) days after the receipt of notification of a law enforcement hold from the towing and storage firm, whichever is later, seek a review to determine whether the unattended vehicle, abandoned vehicle, disabled vehicle, or inoperative vehicle was wrongfully removed or withheld from the owner through the following procedures:
      1. In the case of a vehicle removed by or at the direction of a state agency, by filing a petition with the Arkansas State Claims Commission;
      2. In the case of a vehicle removed by or at the direction of a county or city agency and when the county or city has established an administrative review process, by filing a petition according to the established administrative review process; and
      3. In all other cases, including when the county or city has failed to establish an administrative review process, by filing a petition in the circuit court in the county where the unattended vehicle or abandoned vehicle is stored.
    2. In the case of a final decision reached through a county or city administrative review, the owner or lienholder may appeal an adverse ruling to the circuit court in the county where the unattended vehicle or abandoned vehicle is stored.
    3. The petition shall name the state agency ordering the tow as a respondent and, when filed in circuit court, shall also name the towing company among the respondents if the towing company still possesses the vehicle. In the case of removal originated by an agency of a political subdivision of the state, the petition shall name the county, city, or town as a respondent.
    4. If the vehicle, its contents, or both are subject to impoundment or seizure by law enforcement under the Arkansas Rules of Criminal Procedure or a court order, the procedure for return or restoration of the impounded or seized vehicle and its contents shall be governed exclusively by Rule 15 of the Arkansas Rules of Criminal Procedure to the extent applicable.
    1. Upon the filing of the petition, the owner or lienholder may have the unattended or abandoned vehicle and contents released upon posting with the commission, with the court, or with the city or county clerk or other person designated by a political subdivision, as the case may be, a cash or surety bond equal to the amount of the charges for the towing and storage to ensure the payment of such charges in the event that he or she does not prevail.
      1. Upon the posting of the bond and the payment of the applicable fees, the administrative decision maker, commission, or court, as the case may be, shall issue an order notifying the towing company and the respondent agency of the posting of the bond.
      2. Upon service of receipt of the order, the towing company shall release the stored property.
    2. At the time of release, after reasonable inspection, the owner or the lienholder shall give a receipt to the towing and storage firm reciting any claim for known loss or damage to the unattended or abandoned property or the contents thereof.
  4. Upon determining the respective rights of the parties, the final order of the administrative decision maker, commission, or court, as the case may be, shall provide for immediate payment in full of the reasonable recovery, towing, and storage fees by the owner or lienholder of the unattended or abandoned property or by the respective law enforcement agency.
  5. In cases where the owner or lienholder has posted a cash or surety bond to obtain immediate release and the owner or lienholder is found to be responsible for reasonable recovery, towing, and storage fees, the administrative decision maker, commission, or court, as the case may be, shall declare the bond to be forfeited, with the amount paid to the towing and storage firm to cover reasonable recovery, towing, and storage fees.
  6. Nothing in this section shall be construed to waive the sovereign immunity of the State of Arkansas nor any immunity granted to its political subdivisions.
  7. This section shall not be construed to defeat a lien held by a towing company under § 27-50-1208.

History. Acts 1993, No. 1000, § 4; 1995, No. 815, § 1; 1997, No. 392, § 3; 2001, No. 1830, § 4; 2005, No. 1878, § 6; 2007, No. 1053, §§ 8-10; 2011, No. 995, § 1; 2011, No. 1025, §§ 5-8.

Publisher's Notes. Former § 27-50-1207, concerning possession of vehicle subject to lien, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993, No. 1000, § 4. The former section was derived from Acts 1989, No. 899, § 2.

Amendments. The 2007 amendment added (a)(2)(B)(2); added the (c)(1) and (c)(2) designation; deleted “except in strict compliance with his or her agency's vehicle removal policy, nor shall law enforcement officers” in (c)(1); in (e)(1), inserted “or properly subject to a law enforcement hold” and “of any law enforcement hold” and substituted “thirty (30)” for “twenty (20)” twice; inserted “if the towing company still possesses the vehicle” in (e)(3); added the (e)(4)(A) designation and added (e)(4)(B); redesignated former (f)(2) as present (f)(2)(A) and (f)(2)(B); inserted “service of” in (f)(2)(B); and made related and stylistic changes.

The 2011 amendment by No. 995 substituted “of exigent circumstances” for “where an emergency exists” in (a)(2)(A); inserted present (a)(2)(B) and redesignated former (a)(2)(B) as (a)(2)(C); and substituted “as required under this section” for “in a nonemergency situation” in (a)(2)(C)(i).

The 2011 amendment by No. 1025 substituted “unattended vehicle, abandoned vehicle, or impounded or seized vehicle” for “unattended or abandoned vehicle” in (a)(1) and (b); substituted “unattended vehicle, abandoned vehicle, disabled vehicle or inoperative vehicle” for “unattended or abandoned property” in (e)(1); rewrote (e)(4); and added (j).

Case Notes

Notice.

Trial court erred in dismissing a creditor's action against a debtor to recover the balance on an installment contract for the purchase of an automobile where it was a towing company's duty, as the holder of a first-priority possessory lien on the wrecked automobile, to notify the debtor of its intent to foreclose on the lien by selling the automobile; the towing company had a first-priority possessory lien on the collateral pursuant to the express terms of subdivision (a)(1) of this section. Primus Fin. Servs. v. Seitz, 102 Ark. App. 146, 283 S.W.3d 235 (2008).

27-50-1208. Possessory lien and notice to owners and lienholders.

    1. The towing and storage firm shall have a first priority possessory lien on the vehicle and its contents for all reasonable charges for towing, recovery, and storage for which the owner is liable.
      1. A possessory lien under this section attaches to not only the vehicle and its contents but also 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.
      2. A lien under this section shall not extend to the following items, without limitation:
        1. Personal or legal documents;
        2. Medications;
        3. Child-restraint seating;
        4. Wallets or purses and the contents of such;
        5. Prescription eyeglasses;
        6. Prosthetics;
        7. Cell phones;
        8. Photographs; and
        9. Books.
      3. The items described in subdivision (a)(2)(B) of this section shall be released without charge by the towing and storage firm to the owner or operator of the motor vehicle or his or her duly authorized representative.
  1. The lien shall be perfected by:
    1. Maintaining possession;
    2. Mailing notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter; or
    3. In the case of a vehicle removed pursuant to § 27-50-1101, giving notice to the last known registered owner or owners and lienholders as provided from the records of the:
      1. Office of Motor Vehicle;
      2. Arkansas Crime Information Center; or
      3. If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.
    1. The notice shall be mandatory and by certified mail, return receipt requested.
    2. The notice shall be posted not sooner than two (2) business days but within eight (8) business days after the date that the towing and storage firm receives the vehicle.
    1. If within forty-eight (48) hours the ownership and lienholder information has not been received from the law enforcement agency requesting the removal of a vehicle pursuant to this subchapter, the towing and storage firm shall obtain information concerning the last known registered owner or owners and lienholder or lienholders as provided from the records of the:
      1. Office of Motor Vehicle;
      2. Arkansas Crime Information Center; or
      3. If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.
      1. For the purpose of notices required by this section, if the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered, if known, do not contain any information as to the last known registered owner or owners and lienholder or lienholders, notice by publication one (1) time in one (1) newspaper of general circulation in the county where the vehicle was found unattended, abandoned, or improperly parked is sufficient notice under this section.
      2. The notice by publication may contain multiple listings of vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail.
    1. The notice shall contain the following information:
      1. The year, make, model, and vehicle identification number of the vehicle towed;
      2. The name, address, and telephone number of the storage facility;
      3. That the vehicle is in the possession of that towing and storage firm under police order, describing the general circumstances of any law enforcement or other official hold on the vehicle;
      4. That towing, storage, and administrative costs are accruing as a legal liability of the owner;
      5. That the towing and storage firm claims a first priority possessory lien on the vehicle and its contents for all such charges;
      6. That unless claimed within forty-five (45) days, the vehicle and its contents will be dismantled, destroyed, or sold at public sale to the highest bidder;
      7. That the failure to exercise the right to reclaim the vehicle and its contents within the time prescribed by this section constitutes a waiver by the owner and lienholder of all right, title, and interest in the vehicle and its contents and constitutes consent to the sale, dismantling, or destruction of the vehicle and its contents;
      8. That the owner or lienholder may retake possession at any time during business hours by appearing, proving ownership, and releasing the law enforcement or other official hold, if any, and by paying all charges or by other written arrangement between the owner or lienholder and the towing and storage firm;
      9. That should the owner consider that the original taking was not legally justified, he or she has a right for thirty (30) days to contest the original taking as described by § 27-50-1207; and
      10. That the owner of the vehicle or operator or his or her authorized representative may recover without charge any item described in subdivision (a)(2)(B) of this section by providing within forty-five (45) days to the towing and storage firm proof that the claimant is the registered owner of the vehicle or has been authorized by the registered owner of the vehicle to take possession of the items.
    2. A notice to an owner of a vehicle deemed abandoned on the premises of an automobile repair facility under § 27-50-1101 shall also advise that the automobile repair person holds an absolute lien on the vehicle under § 18-45-201 et seq.
  2. Nothing in this section is to preclude the owner, lienholder, or agent from making alternative arrangements within the two-day to eight-day period with the towing and storage firm, waiving his or her rights to the notice requirement.
  3. When any vehicle reclaimed from the towing and storage firm by a lienholder contains contents not subject to the lienholder's interest, the lienholder shall be accountable to the owner of the contents in the same manner as the lienholder would in any other case of repossession of a vehicle, and the towing and recovery firm releasing the vehicle and its contents shall be relieved from all responsibility for the contents.
    1. A towing and storage firm that in good faith follows the procedures of this subchapter or the provisions of § 27-50-1101 shall not be subject to claims of unlawful detainer or conversion for vehicles or their contents for maintaining property pursuant to the possessory lien as provided by this subchapter.
    2. A challenge to the removal and holding of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as provided by this subchapter shall be controlled exclusively by the provisions of § 27-50-1207.
    3. This section shall not be construed to limit liability of the towing and storage firm for any other act or omission otherwise actionable under statutory or common law.

History. Acts 1993, No. 1000, § 7; 1997, No. 392, § 4; 1997, No. 841, § 3; 1999, No. 1279, § 5; 2001, No. 1830, § 5; 2005, No. 1878, § 7; 2005, No. 2211, § 3; 2007, No. 506, §§ 1, 2; 2007, No. 861, §§ 7, 8; 2007, No. 1053, § 11; 2009, No. 483, § 4; 2011, No. 1025, § 9.

A.C.R.C. Notes. Pursuant to § 1-2-207, this section is set out above as amended by Acts 1997, No. 841. This section was also amended by Acts 1997, No. 392 to read as follows:

“(a) The towing-storage firm shall have a possessory lien on the vehicle and its contents for all reasonable charges of towing, recovery, and storage for which the owner is liable.

“(b) Such lien shall be perfected by:

“(1) Maintaining possession; and

“(2) Giving notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter.

“(c) Such notice shall be by certified mail, return receipt requested, and shall be posted not sooner than five (5) working days, but within eight (8) working days of the time that said vehicle is logged in at the storage facility.

“(d) The notice shall contain the following information:

“(1) The name, address, and telephone number of the storage facility;

“(2) That the addressee's vehicle is in the possession of that towing-storage firm under police order, describing the circumstances;

“(3) That towing, storage, and administrative costs are accruing as a legal liability of the owner;

“(4) That the towing-storage firm claims a possessory lien for all of such charges;

“(5) That the owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges or by other written arrangement between himself or herself and the towing-storage firm; and

“(6) That, should the owner consider that the original taking was improper or not legally justified, he has a right to contest such original taking in a court of competent jurisdiction.

“(e) Nothing in this section is to preclude the owner or his agent from making alternative arrangements within the five-day to eight-day time period with the towing-storage firm waiving his or her rights to the notice requirement.”

Pursuant to § 1-2-207, § 27-50-1208(b) is set out above as amended by Acts 2007, No. 1053, § 11. Section 27-50-1208(b) was also amended by Acts 2007, No. 861, § 7, to read as follows:

“(b) The lien shall be perfected by:

“(1) Maintaining possession;

“(2) Mailing notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter; or

“(3) In the case of a vehicle removed pursuant to § 27-50-1101, giving notice to the last known registered owner or owners and lienholders as provided from the records of the Office of Motor Vehicle or the Arkansas Crime Information Center or the motor vehicle records of any other state in which the vehicle is registered indicating the name and address of the last registered owner and the name and address of the holder of any recorded lien on the vehicle.”

Pursuant to § 1-2-207, § 27-50-1208(d)(1) is set out above as amended by Acts 2007, No. 1053, § 11. Section 27-50-1208(d)(1) was also amended by Acts 2007, No. 861, § 8, to read as follows:

“(d)(1) If within forty-eight (48) hours the ownership and lienholder information has not been received from the law enforcement agency requesting the removal of a vehicle pursuant to this subchapter, the towing and storage firm shall obtain information concerning the last known registered owner or owners and lienholders as provided from the records of the Office of Motor Vehicle or the Arkansas Crime Information Center or the motor vehicle records of any other state in which the vehicle is registered indicating the name and address of the last registered owner and the name and address of the holder of any recorded lien on the vehicle.”

Pursuant to § 1-2-207, § 27-50-1208(e)(10) is set out above as amended by Acts 2007, No. 1053, § 11. Section 27-50-1208(e)(10) was also amended by Acts 2007, No. 506, § 2, to read as follows:

“(10) That the owner, operator, or his or her authorized representative may recover without charge possession of any items identified in § 27-50-1208(a)(2)(B) by providing within forty-five (45) days the towing and storage firm with proof that the claiming person is the registered owner of the vehicle or has been authorized by the registered owner of the vehicle to obtain such property; and”.

Publisher's Notes. Former § 27-50-1208, concerning possessory liens, was repealed by Acts 1993, No. 1000, § 14, and impliedly reenacted by Acts 1993, No. 1000, § 7. The former section was derived from Acts 1989, No. 899, § 6.

Amendments. The 2007 amendment by No. 506 added the (a)(1) designation and (a)(2); added (e)(10) and redesignated former (e)(1) as present (e)(11); and made related changes.

The 2007 amendment by No. 861 added “or the Arkansas ... on the vehicle” at the end of (b)(3); and substituted “Office of Motor Vehicle ... lien on the vehicle” for “office” in (d)(1).

The 2007 amendment by No. 1053 added (a)(2), (b)(3)(B) and (C), (d)(1)(B) and (C), and (e)(10); substituted “Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered, if known” for “office” in (d)(2)(A); substituted “thirty (30)” for “twenty (20)” in (e)(9); deleted “merely” preceding “maintaining” in (h)(1); inserted “and holding” in (h)(2); and made related and stylistic changes.

The 2009 amendment redesignated (e), and made minor stylistic changes.

The 2011 amendment substituted “unattended vehicle, abandoned vehicle, or impounded or seized vehicle” for “unattended or abandoned vehicle” in (h)(2); and substituted “This section shall not be” for “Nothing in this section shall be” in (h)(3).

Case Notes

Failure to Perfect Lien.

In an owner's action seeking recovery of an all-terrain vehicle (ATV), a monetary award in favor of a wrecker service was erroneous because the wrecker service's liens under §§ 18-45-201 and 18-45-402 were satisfied upon receipt of the sum generated from the sale of the ATV and its lack of perfection of its lien under this section precluded a finding of a possessory lien. Payne v. Donaldson, 2010 Ark. App. 255, 379 S.W.3d 22 (2010).

Notice of Removal.

Where alleged owner of vehicle failed to register it in his own name, notice given by towing firm to the last registered owner in accordance with this section was constitutionally sufficient. Muhammed v. Routh Wrecker Serv., 14 F.3d 24 (8th Cir. 1994).

27-50-1209. Foreclosure of liens.

    1. The failure of the owner or lienholder to exercise his, her, or its right to reclaim the vehicle and its contents within forty-five (45) days of the posting or publication of notice to owners and lienholders constitutes a waiver by the owner or lienholder of all right, title, and interest in the vehicle and its contents.
    2. If a law enforcement official or other official refuses to release any hold on the vehicle or its contents, the owner or lienholder has an additional twenty (20) days to reclaim the vehicle and its contents after the date when the hold is released.
      1. The owner or lienholder may challenge any law enforcement official hold or other official hold under the procedures in § 27-50-1207(e).
      2. However, the provisions of § 27-50-1207(f) pertaining to release of the vehicle do not apply when the owner or lienholder challenges a law enforcement official hold or other official hold.
    1. Except as provided in subsection (c) of this section, the towing and storage firm, municipality, or county that holds a perfected possessory lien on any vehicle and its contents not redeemed by its owner or security lienholder within the time frame provided by this section shall sell the vehicle and its contents at a nonjudicial public sale for cash.
    2. The sale shall not occur later than ninety (90) days after perfection of the lien or forty-five (45) days after the release of any law enforcement hold or other official hold, whichever is later.
  1. A vehicle that is held by a municipality or county on a storage lot owned and operated by the municipality or county may defer the public sale and make use of the vehicle for law enforcement purposes if:
    1. The municipality or county complies with the notice provisions of § 27-50-1208;
    2. The time frame as provided under subsection (a) of this section has expired; and
    3. The municipality or county enacts an ordinance that:
      1. Declares the municipality's or the county's policy regarding the deferral for law enforcement purposes;
      2. Charges a specific municipal or county official with the responsibilities of:
        1. Identifying the vehicles to be used by the municipality or county; and
          1. Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210.
          2. The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and
      3. Requires that the official ensure that the public sale proceed on the sale date declared in the ordinance.
    1. The towing and storage firm, municipality, or county shall obtain written verification that the Arkansas Crime Information Center records do not list the vehicle as having been reported stolen.
    2. The verification shall be on a form prescribed by the center, the Office of Motor Vehicle of the Department of Finance and Administration, a municipal police department, a county sheriff's department, or the Department of Arkansas State Police.
    3. When the verification provided by this subsection is sought directly from the center by the towing and storage firm, the center may charge a fee, not to exceed ten dollars ($10.00) per vehicle verification.
    1. Notice of the sale shall be sent at least fifteen (15) days before the date of the sale by certified mail, no return receipt requested, to the registered owner and lienholder, if any.
    2. If the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered do not contain any information as to the last known registered owner or owners or lienholders, the notice required under subdivision (e)(1) of this section is not required.
    3. Nothing in this subsection removes the requirement of notice of sale by publication under subsection (f) of this section.
  2. In addition to the notice by mail, notice of the sale shall be published in a newspaper of general circulation in the county at least one (1) time at least ten (10) days prior to the sale.

History. Acts 2001, No. 1830, § 6; 2005, No. 1878, § 8; 2005, No. 2189, § 1; 2005, No. 2211, § 4; 2007, No. 506, § 3; 2007, No. 1053, § 12.

Publisher's Notes. Former § 27-50-1209, concerning foreclosure of liens, was repealed by Acts 1997, No. 841, § 8. The section was derived from Acts 1993, No. 1000, § 8.

Amendments. The 2007 amendment by No. 506 reenacted (b) without change.

The 2007 amendment by No. 1053 redesignated former (a) as present (a)(1); substituted “forty-five (45) days of the posting or publication of notice to owners and lienholders” for “the time provided in this subchapter” in (a)(1); added (a)(2) and (a)(3); in (b)(1), substituted “time frame” for “forty-five (45) days” and substituted “section” for “subchapter”; added “or forty-five . . . whichever is later” in (b)(2); in (c)(2), substituted “The time frame” for “Forty-five (45) days have expired” and “subsection (a)” for “subdivision (b)(1),” and inserted “has expired”; substituted “following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a)” for “from the passage of the forty-five (45) days required under subdivision (b)(1)” in (c)(2)(B)(ii)(b); redesignated former (e) as present (e)(1); added (e)(2) and (e)(3); and made related changes.

Case Notes

Notice of Sale.

Trial court erred in dismissing a creditor's action against a debtor to recover the balance on an installment contract for the purchase of an automobile where it was a towing company's duty, as the holder of a first-priority possessory lien on the wrecked automobile, to notify the debtor of its intent to foreclose on the lien by selling the automobile. The towing company did so. Primus Fin. Servs. v. Seitz, 102 Ark. App. 146, 283 S.W.3d 235 (2008).

27-50-1210. Nonjudicial public sale.

  1. After complying with the requirements of foreclosure of liens provided by this subchapter, ownership of the vehicle and its contents shall thereupon vest in the purchaser free of all liens of any nature. Should the nonjudicial public sale produce more funds than the sum of all charges, including the costs of the sale and including a reasonable charge for processing the paperwork, the excess shall be paid as follows:
      1. If the vehicle was removed to an impound lot at the request of a law enforcement agency as authorized by this subchapter, the excess shall be maintained for a period of one (1) year by the entity that operates the impound lot.
      2. If the excess is not claimed during this period by the person legally entitled thereto, the moneys shall be paid to the entity operating the impound lot; or
      1. If the vehicle was removed to a private impound lot under § 27-50-1101, the excess shall be paid to the county clerk to the account of the person legally entitled to the excess.
      2. The Unclaimed Property Act, § 18-28-201 et seq., shall apply to any unclaimed funds or excess moneys that have been paid to the county clerk.
  2. Should the sale produce the same or less than the sum of all charges:
    1. At the election of the possessory lienholder, the sale of the vehicle may be cancelled and ownership of the vehicle and its contents shall thereupon vest in the possessory lienholder as purchaser free of all liens of any nature; and
    2. The possessory lienholder shall have a valid claim against the owner for the full amount of the charges, including the costs of the sale and including a reasonable charge for processing the paperwork, less the sale price of the vehicle and its contents.
    1. Upon presentation of documentation to the Office of Motor Vehicle to the effect that the sale procedure provided in this subsection has been complied with protecting the rights of the owner or lienholder, the purchaser of the vehicle shall be entitled to receive a new title to the vehicle upon meeting other applicable administrative requirements of title and registration laws.
    2. The towing and storage firm shall execute an affidavit stating that the vehicle has been towed and stored as an unattended or abandoned vehicle and that notice has been given as required in this subchapter to the registered owners and all lienholders of record.
    3. The affidavit shall describe the vehicle by make, year, model, and vehicle identification number.

History. Acts 1993, No. 1000, § 9; 1997, No. 841, § 4; 2001, No. 1820, § 1; 2001, No. 1830, § 7; 2005, No. 1878, § 9; 2005, No. 2211, § 5; 2007, No. 1053, § 13; 2011, No. 872, § 1.

A.C.R.C. Notes. The former Uniform Disposition of Unclaimed Property Act, referred to in this section, was repealed, with the exception of what will be current § 18-28-230, and replaced by the enactment of the Unclaimed Property Act by Acts 1999, No. 850.

Publisher's Notes. Former § 27-50-1210, concerning auction sale, was repealed by Acts 1993, No. 1000, § 14 and was impliedly reenacted by Acts 1993, No. 1000, § 9. The former section was derived from Acts 1989, No. 899, § 8.

Amendments. The 2007 amendment substituted “At the election of the possessory lienholder, the sale of the vehicle may be cancelled and ownership” for “Ownership” in (b)(1).

The 2011 amendment substituted “one (1) year” for “three (3) years” in (a)(1)(A).

27-50-1211. Disposition of funds.

  1. All fees, fines, and charges collected by the Arkansas Towing and Recovery Board under the provisions of this subchapter shall be paid to the secretary-treasurer, who shall be the custodian of all funds and shall deposit same in a bank or banks to be designated by the board.
  2. The secretary-treasurer shall execute a bond in the amount determined by the State Risk Manager pursuant to the blanket bond program as authorized in § 21-2-601 et seq. [repealed].
  3. The secretary-treasurer shall pay funds of the board only on vouchers signed by himself or herself and countersigned by the chair. The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, and other funds paid to the board under the provisions of this subchapter.
  4. The secretary-treasurer shall make semiannual financial reports in detail to the board not later than January 31 and July 31 of each year, which financial reports will be kept on permanent file by the board.

History. Acts 1993, No. 1000, § 11; 2005, No. 1878, § 10.

A.C.R.C. Notes. The operation of subsection (b) of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The subsection may again become effective upon cessation of coverage under that program. See § 21-2-703.

27-50-1212. Criminal penalties.

  1. It shall be unlawful for a person to:
    1. Operate a tow vehicle in violation of this subchapter;
    2. Operate a tow vehicle without obtaining a tow vehicle safety permit as required by the rules of the Arkansas Towing and Recovery Board;
    3. Operate a business engaging in nonconsent towing of vehicles without first obtaining the proper tow business license as required by the rules of the board;
    4. Give false or forged evidence to the board or to any member or an employee thereof for the purpose of obtaining a license or a tow vehicle safety permit;
    5. Use or attempt to use an expired, suspended, or revoked license or tow vehicle safety permit; or
    6. Violate or aid or abet any violation of this subchapter.
  2. The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and county and municipal authorities may enforce § 27-50-1101 et seq. and § 27-50-1201 et seq.
  3. A person who pleads guilty or nolo contendere to or is found guilty of any violation under this section shall be guilty of a misdemeanor and shall be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or to be imprisoned for a period not exceeding ninety (90) days, or both.
  4. The fines imposed and collected under this section shall be remitted as follows:
    1. Fifty percent (50%) to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration by the tenth day of each month on a form provided by that office for deposit into the Arkansas Towing and Recovery Board treasury fund; and
    2. Fifty percent (50%) to the law enforcement agency issuing the violation.
  5. Each day of an unlawful practice proscribed by this section shall constitute a distinct and separate offense.

History. Acts 1997, No. 392, § 5; 2005, No. 2211, § 6; 2007, No. 861, § 9; 2009, No. 644, § 1; 2017, No. 707, § 345.

Amendments. The 2007 amendment added (b); redesignated former (b) as present (c); added (d); and redesignated former (c) as present (e).

The 2009 amendment rewrote (d)(1).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-50-1213. Limitation on removing from the state.

  1. A towing or wrecker service licensed in a state other than Arkansas shall only remove a vehicle that was involved in a motor vehicle accident in the State of Arkansas from the site of the accident to another state if the state in which the towing or wrecker service is licensed extends the same privilege to a towing or wrecker service that is licensed in Arkansas and operating in the other state.
  2. For the purpose of determining whether a state permits Arkansas-licensed wreckers and Arkansas-licensed towing vehicles to remove a vehicle that was involved in an accident in that state, any limitation imposed by a county, parish, city, or other political subdivision of that state is deemed an action of that state.
    1. This section applies only to the initial removal of a vehicle from the site of an accident to a point of storage or repair.
    2. This section does not apply to the secondary towing of a vehicle after an investigation of a motor vehicle accident is completed.
  3. When towing a vehicle in this state, a towing or wrecker service licensed in a state other than Arkansas must comply with the provisions of this subchapter and § 27-35-112.

History. Acts 2005, No. 1807, § 1; 2007, No. 1053, § 14.

Amendments. The 2007 amendment added the (a) designation; in (a), inserted “licensed in a state other than Arkansas” and substituted “motor vehicle accident” for “collision” and “accident” for “collision”; and added (b) through (d).

27-50-1214. Rules of order or procedure.

  1. The Arkansas Towing and Recovery Board shall prescribe its rules of order or procedure in hearings or other proceedings before it under this subchapter.
  2. However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter or the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 2005, No. 1878, § 1.

27-50-1215. Summons, citation, and subpoena.

  1. It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the Arkansas Towing and Recovery Board, when so directed by the board, to execute any summons, citation, or subpoena that the board may cause to be issued and to return the summons, citation, or subpoena to the board.
    1. The sheriffs and constables serving and returning any summons, citation, or subpoena shall be paid the same fees as provided for those services in the circuit court.
    2. Any person, or a duly designated employee of the person, who appears before the board in response to a summons, citation, or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court.
    1. In case of failure or refusal on the part of any person to comply with any summons, citation, or subpoena issued and served as authorized, or in the case of the refusal of any person to testify or answer to any matter regarding that which he or she may be lawfully interrogated or the refusal of any person to produce his or her record books and accounts relating to any matter regarding that which he or she may be lawfully interrogated, the circuit court of any county of the State of Arkansas on application of the board may:
      1. Issue an attachment for the person; and
      2. Compel the person to:
        1. Comply with the summons, citation, or subpoena;
        2. Appear before the board or its designated employee;
        3. Produce the documents specified in any subpoena duces tecum; and
        4. Give his or her testimony upon such matters as he or she may be lawfully required.
    2. Any circuit court shall have the power to punish a person for contempt as in the case of disobedience of like process issued from or by any circuit court or by refusal to testify in the circuit court in response to the process, and the person shall be taxed with the costs of the proceedings.

History. Acts 2005, No. 1878, § 1.

27-50-1216. Moving a total-loss vehicle from a storage facility — Definition.

  1. As used in this section, “storage facility” means a facility where a wrecked or inoperable vehicle is stored that charges storage fees to a vehicle owner as a result of the claim from the wrecked or inoperable vehicle.
      1. If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without:
        1. The approval of the storage facility; and
        2. A release document from the owner.
      2. Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file.
      1. To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle.
      2. The notice shall include:
        1. A description of the vehicle, including its identification number;
        2. The identification of the agent who is to move the vehicle;
        3. The date the owner of the vehicle authorized release of the vehicle to the insurance company; and
        4. A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner.
      3. The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.
  2. The storage facility shall make the vehicle available for immediate release and removal during regular business hours of the storage facility upon receipt of:
    1. The letter described under subdivision (b)(2) of this section;
    2. The release of any law enforcement or other official hold; and
    3. Settlement of all fees incurred up to and including the date of removal.
    1. If an insurance company or its agent moves a vehicle as provided under this section, the insurance company shall indemnify and hold harmless the storage facility for liability and all expenses associated with civil or criminal claims arising from moving the vehicle without a release document from the owner.
    2. In any action in which a storage facility prevails against an insurance company for indemnification under this subsection, in addition to any damages suffered, the storage facility shall be awarded attorney's fees and costs incurred.
  3. This section shall not be construed to restore or grant any right, title, or interest in the vehicle or its contents as may have been waived under § 27-50-1209(a).

History. Acts 2011, No. 1206, § 1.

27-50-1217. Reporting of towing rates.

  1. If a government entity implements a nonconsent towing rotation list, the government entity shall require each towing and storage firm that tows, removes, or stores vehicles in the government entity's jurisdiction to annually file a list of the towing and storage firm's current rates for services.
    1. It is an unclassified violation if a towing and storage firm:
      1. Fails to file the list required under this section; and
      2. Engages in the towing, removal, or storage of a vehicle in the jurisdiction of the government entity with which it failed to file the list.
      1. The first offense under subdivision (b)(1) of this section is punishable by a fine of one thousand dollars ($1,000).
      2. The second offense or subsequent offenses under subdivision (b)(1) of this section are punishable by a fine of two thousand dollars ($2,000).

History. Acts 2015, No. 387, § 1.

27-50-1218. Consumer complaint resolution.

    1. When a consumer complaint against a towing company is filed with a law enforcement agency that administers a nonconsent written vehicle removal policy under § 27-50-1207(a)(1) against a towing company, the law enforcement agency shall submit the consumer complaint to the Arkansas Towing and Recovery Board within five (5) days of receipt of the complaint.
    2. The written consumer complaint shall include:
      1. The complainant's name and contact information;
      2. The towing company involved in the dispute;
      3. The nature of the consumer's complaint, including pertinent details that may show cause for filing a formal complaint against the towing company by the board; and
      4. The contact information for the on-scene officer who initiated the nonconsent removal of the vehicle related to the consumer complaint.
  1. To file a consumer complaint, the person shall have a vested interest in the vehicle, including without limitation the:
    1. Owner of the towed vehicle or his or her agent;
    2. Lien holder of the towed vehicle; or
    3. Company that insures the towed vehicle.
    1. Upon receipt of the consumer complaint, the board shall resolve the consumer complaint within forty-five (45) calendar days after receiving the consumer complaint.
      1. The complainant shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request.
      2. Failure to respond may result in the immediate dismissal of the complaint.
        1. A complainant may file a written request for an extension of time with the board.
        2. The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section.
        3. If the extension is granted, the board shall notify the towing company in writing of the extension.
        4. The board may extend the period for the resolution of a complaint when conditions warrant this action.
      1. The towing company shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request.
      2. Failure to respond to a request by a towing company shall result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by the board.
        1. The towing company may file a written request for an extension of time with the board.
        2. The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section.
        3. If the extension is granted, the board shall notify the towing company in writing of the extension.
        4. The board may extend the period for the resolution of a complaint when conditions warrant this action.
    1. Financial restitution to the complainant shall be considered as a part of the penalty by the board when a towing company or tow owner is found to have violated provisions of the rules promulgated by the board.
    2. Only actual losses that have been incurred by the complainant may be paid as restitution.
    3. A payment of financial restitution to the complainant shall be determined by the board.
    4. Punitive damages shall not be paid to the complainant.
    5. This section does not preclude the complainant's right to sue in a court of law as an alternative.

History. Acts 2015, No. 1117, § 1; 2019, No. 315, § 3154.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (d)(1).

27-50-1219. Suspension from law enforcement nonconsent rotation list.

    1. The Arkansas Towing and Recovery Board shall promulgate rules to establish a complaint process for the removal or suspension of a towing company from the nonconsent rotation list or imposition of fines for violation of a recognized nonconsent rotation policy upon receiving a request from a law enforcement agency.
    2. The board shall consider the following in making the determination to remove or suspend a towing company from the nonconsent rotation list:
      1. Whether the law enforcement agency's nonconsent rotation policy is reasonable; and
      2. The severity of the violation.
    3. The board may issues fines in addition to removal or suspension of a towing company from the nonconsent rotation list.
      1. A towing company may be suspended from the nonconsent rotation list for a first-time violation of the law enforcement agency's policy for up to fifteen (15) days.
        1. A second offense may result in a suspension of up to thirty (30) days by the law enforcement agency.
        2. The law enforcement agency may request a hearing before the board for additional sanctions which may include a longer period of suspension from the nonconsent rotation list and a fine.
      2. A third offense may result in a suspension of a towing company from the nonconsent rotation list for up to one (1) year and a fine.
    1. Except as provided under subdivision (b)(3) of this section, law enforcement shall establish a nonconsent rotation policy.
    2. An adopted nonconsent rotation policy shall be reasonable and reflect the day-to-day operations of a towing company in the immediate area.
    3. A law enforcement agency is not required to establish a nonconsent rotation policy required by subdivision (b)(1) of this section if:
      1. The law enforcement agency has an existing nonconsent rotation policy or nonconsent towing service contract in place; and
      2. The provisions of this section would have a negative impact on the law enforcement agency or nonconsent towing service contract.
    4. A law enforcement agency shall provide each towing company that participates in the nonconsent rotation with a copy of the policy and each towing company operator shall acknowledge in writing that he or she has received a copy of the policy.
    1. A towing company participating in a nonconsent rotation policy administered by law enforcement shall be licensed and permitted by the board.
    2. Failure to properly license or renew with the board shall result in an immediate suspension until all permits are obtained.
    3. In addition to any law enforcement nonconsent rotation policy, a tow operator shall comply with all of the statutes and rules administered by the board.
  1. Following a suspension period of six (6) months or longer a towing company must reapply for a position on the nonconsent rotation list.
  2. Nothing in this act or rule adopted by the board shall be construed to prohibit a law enforcement agency, city, or county from:
    1. Enforcing any local nonconsent towing policies, rules, ordinances, or contracts;
    2. Removing a towing company from the local towing rotation list; or
    3. Assessing a fine, penalty, or other remedy available by law or under its contracts or policies.

History. Acts 2015, No. 1224, § 1.

Meaning of “this act”. Acts 2015, No. 1224, codified as §§ 27-50-1219, 27-50-1220.

27-50-1220. Authority to issue citations.

    1. An investigator employed by the Arkansas Towing and Recovery Board and the Director of the Arkansas Towing and Recovery Board may issue citations to a towing company, owner-operator, or tow vehicle driver for certain violations found in this subchapter.
    2. Citations may be issued for the following offenses:
      1. Operating a tow vehicle without a proper permit or license;
      2. Operating a tow vehicle that has not been permitted or licensed as a tow vehicle by the State of Arkansas;
      3. Operating a tow vehicle that is out of compliance with the safety and operating rules prescribed by the board;
      4. Not responding within a prescribed timeframe to a request for information related to a consumer complaint;
      5. Failure to properly post any required notifications in a conspicuous place as required by the board; or
      6. Failure to meet the basic criteria for an adequate place of business.
    1. The fines accessed for a violation of this section shall be set by the board.
    2. Each fine for an individual violation should reflect the severity of the penalty and may be increased for multiple offenses or repeated violations of the same offense.
    3. Each fine for an individual violation set by the board shall not exceed two hundred dollars ($200).

History. Acts 2015, No. 1224, § 2; 2019, No. 315, § 3155.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a)(2)(C).

27-50-1221. Owner preference complaint.

A complaint concerning a violation of this subchapter in conjunction with owner preference and consent towing or nonconsent towing may be filed with the Arkansas Towing and Recovery Board as authorized under § 27-50-1203 by:

  1. A vehicle owner;
  2. A lien holder;
  3. An insurance provider; or
  4. A law enforcement officer.

History. Acts 2017, No. 953, § 6.

27-50-1222. Nonconsent towing rotation — Heavy-duty motor vehicles — Definitions. [Effective January 1, 2020.]

  1. A tow facility may participate in a law enforcement program for the rotation of towing and recovery services for unattended heavy-duty motor vehicles if:
    1. The tow facility:
      1. Is licensed by the Arkansas Towing and Recovery Board as a heavy-duty motor vehicle incident management tow facility;
      2. Is current in safety inspections by the Arkansas Highway Police Division of the Arkansas Department of Transportation under the North American Standard Level I Inspection Procedure of the Commercial Vehicle Safety Alliance; and
      3. Complies with all other applicable state and federal laws;
    2. The tow facility:
      1. Owns or has access to the equipment necessary to properly execute the recovery of a heavy-duty motor vehicle and clean-up of a major accident; and
      2. Has at least one (1) owner, partner, or employee who has proof of:
        1. Training through a nationally recognized towing and recovery program in traffic incident management or on-scene recovery techniques; or
        2. Five (5) or more years of experience in the towing and recovery of heavy-duty motor vehicles; and
    3. Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training through a program required by the board.
  2. However, a licensed tow facility or tow business that is not licensed as a heavy-duty motor vehicle incident management tow facility may be called upon by a law enforcement agency to assist in the towing and recovery of a heavy-duty motor vehicle:
    1. If the response time to the unattended vehicle is of the essence; and
    2. A heavy-duty motor vehicle incident management tow facility is not available in the local area.
  3. The board may adopt rules to implement this section.
  4. As used in this section, “heavy-duty” means having a gross weight of at least thirty-two thousand pounds (32,000 lbs.).

History. Acts 2019, No. 1063, § 1.

Effective Dates. Acts 2019, No. 1063, § 3: Jan. 1, 2020. Effective date clause provided: “Section 1 of this act is effective on and after January 1, 2020”.

27-50-1223. Removal of unattended vehicles — Liability.

  1. 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. An unattended vehicle;
    2. The spilled contents or cargo of an unattended vehicle; or
    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. 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. 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.

History. Acts 2019, No. 1063, § 2.

Chapter 51 Operation Of Vehicles — Rules Of The Road

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 204 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 27 et seq.

60A C.J.S., Motor Veh., § 266 et seq., § 274 et seq.

61 C.J.S., Motor Veh., § 511.9 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1911, No. 134, § 20: effective on passage.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-51-101. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Local authorities” means all officers of counties, cities, villages, incorporated towns, or townships; and
  2. “Public highways” means any highway, county road, state road, public street, avenue, alley, park, parkway, driveway, or any other public road or public place in any county, city, village, or incorporated towns.

History. Acts 1911, No. 134, § 20, p. 94; C. & M. Dig., § 7436; Pope's Dig., § 6648; A.S.A. 1947, § 75-664.

Case Notes

Military Reservations.

Highway in military reservation is not a public highway of the state. Camden v. Harris, 109 F. Supp. 311 (W.D. Ark. 1953).

27-51-102. Penalties generally — Disposition of fines.

  1. Any person violating the provisions of this act shall, except as otherwise provided in this act, upon conviction be fined as provided by the provisions of this act.
    1. Any offender who shall have been found guilty of any violation of any section of this act and fined and who shall within six (6) months thereafter be convicted of a second violation of such section may be fined in a sum not exceeding double the penalty provided for in this act for a first violation. In addition thereto, he or she may have his or her certificate or license issued by the Secretary of the Department of Finance and Administration revoked for a period not exceeding sixty (60) days.
    2. For a third or subsequent violation of a section within six (6) months after the date of such violation, the certificate or license may in addition to the fine provided for the second offense be revoked for a period not exceeding six (6) months.
  2. Any person whose license shall have been revoked for a violation of any of the provisions of this act and who shall drive or operate a motor vehicle within the State of Arkansas during the period for which his or her license shall have been revoked, or any person who having once been convicted of a failure to comply with the provisions requiring the registration by chauffeurs shall fail or refuse to comply with these provisions shall be deemed guilty of a misdemeanor and upon conviction may be fined in a sum not to exceed two hundred dollars ($200) or imprisoned in the county jail for a period not exceeding thirty (30) days, or both, at the discretion of the court.
  3. All fines imposed for the violation of any of the provisions of this act shall be collected and disbursed under § 16-13-709.

History. Acts 1911, No. 134, § 19, p. 94; C. & M. Dig., § 7435; Pope's Dig., § 6647; A.S.A. 1947, § 75-663; Acts 2011, No. 1218, § 14; 2019, No. 910, § 4814.

Amendments. The 2011 amendment substituted “collected and disbursed under § 16-13-709” for “paid into the general free school fund in each county where the offense is committed” in (d); and deleted former (d)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the last sentence of (b)(1).

Meaning of “this act”. Acts 1911, No. 134, codified as §§ 27-14-702, 27-14-2208, 27-14-2209, 27-50-309, 27-51-10127-51-103, 27-51-1406, and 27-51-1407.

27-51-103. Right to recover damages unaffected.

  1. Nothing in this act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages by reason of injuries to persons or property resulting from the negligent use of the highways by the driver or operator of a motor vehicle or its owner or his or her employee or agent.
  2. In any action brought to recover any damages for injury either to person or property caused by running any motor vehicle at a greater rate of speed than designated in Acts 1911, No. 134, § 10 [repealed], the plaintiff shall be deemed to have made a prima facie case by showing the fact of the injury and that the person driving the motor vehicle was at the time of the injury running it at a rate of speed in excess of that mentioned in Acts 1911, No. 134, § 10 [repealed].

History. Acts 1911, No. 134, § 18, p. 94; C. & M. Dig., § 7434; Pope's Dig., § 6646; A.S.A. 1947, § 75-662.

Meaning of “this act”. See note to § 27-51-102.

27-51-104. Careless and prohibited driving.

  1. It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the State of Arkansas.
  2. It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts:
    1. Improper or unsafe lane changes on public roadways;
    2. Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights;
    3. Driving in such a manner or at such a speed so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle;
    4. Driving too close to or colliding with parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares;
    5. Driving a vehicle which has any part thereof or any object extended in such fashion as to endanger persons or property;
    6. To operate any vehicle in such a manner which would cause a failure to maintain control;
    7. To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or
    8. To operate a vehicle in any manner when the driver is inattentive and such inattention is not reasonable and prudent in maintaining vehicular control.
  3. A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).

History. Acts 1995, No. 807, § 1.

Case Notes

Admissibility in Civil Action.

Where a driver sued another driver for negligence regarding a car accident, it was not an abuse of discretion to exclude evidence related to the other driver's traffic citation and resulting negotiated plea, because the other driver did not appear in court, and accordingly, did not enter a plea in open court. Nixon v. Chapman, 103 Ark. App. 222, 288 S.W.3d 266 (2008).

Evidence.

Where an old bridge without a weight limit sign collapsed under the weight of driver's truck, no reasonable officer at the scene would have believed that probable cause existed to arrest the driver for careless driving; no evidence suggested that the truck had collided with the bridge so as to cause its collapse or that the driver had been inattentive. Robinson v. White County, 452 F.3d 706 (8th Cir. 2006), aff'd in part, vac'd in part, 459 F.3d 900 (8th Cir. 2006).

Denial of defendant's motion to suppress before she pled guilty to possession of marijuana with intent to deliver was inappropriate because, based on an officer's testimony that there were no other vehicles around, the circumstances within the officer's knowledge were insufficient to permit a belief that defendant failed to keep a proper lookout for other traffic by backing down the road under this section. Stokes v. State, 375 Ark. 394, 291 S.W.3d 155 (2009).

Motion to Suppress.

Defendant's motion to suppress was properly denied because, inter alia, an officer had probable cause to stop defendant for failure to maintain proper control for crossing the fog line. Pokatilov v. State, 2017 Ark. 264, 526 S.W.3d 849 (2017).

Weaving.

Weaving within one's own lane does not constitute failing to maintain control. Barrientos v. State, 72 Ark. App. 376, 39 S.W.3d 17 (2001).

Subchapter 2 — Speed Limits

Cross References. Credibility as witness not affected, § 27-50-805.

Width, length, height and gross load, § 27-35-201 et seq.

Preambles. Acts 1971, No. 61 contained a preamble which read:

“Whereas, the problem of road-user safety is paramount throughout the Nation among the problems relating to transportation of persons and goods by all media; and

“Whereas, the proper regulation and control of traffic upon and in use of the arterial highways, roads, and streets of the Nation is basic in any realistic approach to road-user safety; and

“Whereas, the determination of reasonable and prudent speeds can only be made through sound, objective engineering analyses of all the pertinent factors bearing upon the use of each section of State Highway; and

“Whereas, these objective engineering analyses are the province of highly trained professional and technological personnel; and

“Whereas, the regulation of both maximum and minimum speeds throughout the State Highway System is necessary first, for the safety, convenience, and comfort of the road-user and, second, for the conservation and protection of the public investment in that System; and

“Whereas, to achieve these ends this regulation must be determined by the highly competent trained personnel of the State Highway Department to achieve optimum results in the desired safety, operational, and conservation goals as the changing design and use of highway facilities and motor vehicles become increasingly more complex and technical;

“Now, therefore … .”

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1939, No. 179, § 2: effective 30 days after passage and approval. Approved Mar. 9, 1939. Emergency clause provided: “It is found that driving at an excessive rate of speed is the cause of a large percentage of the fatalities on the highways of this state and that such excess of speed creates a hazard upon our highways and that heavily loaded trucks when driven at a high rate of speed excessively damage the highways of this state. Therefore an emergency is found to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in full force from and after thirty days from its passage and approval.”

Acts 1971, No. 61, § 7: Feb. 8, 1971. Emergency clause provided: “The General Assembly finds that the State of Arkansas is in immediate need of proper regulation and control of traffic upon and in use of the arterial highways, roads and streets of the State in any basic approach to road-user safety. Accordingly an emergency is declared to exist, and this Act being necessary for the preservation of the public health, peace and safety shall be effective from and after its passage and approval.”

Acts 1977, No. 229, § 7: July 1, 1977.

Acts 2019, No. 784, § 3: July 1, 2020.

Research References

ALR.

Possession or operation of device for detecting or avoiding traffic radar as criminal offense. 17 A.L.R.4th 1334.

Am. Jur. 7A Am. Jur. 2d, Auto., § 218 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 29(1) et seq.

60A C.J.S., Motor Veh., § 290(1) et seq.

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Torts, 1 U. Ark. Little Rock L.J. 264.

27-51-201. Limitations generally — Definition. [Effective until July 1, 2020.]

    1. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
    2. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
    1. Upon an engineering and traffic investigation, the State Highway Commission may increase the speed limit of a controlled-access highway to seventy-five miles per hour (75 m.p.h).
    2. The maximum permissible speeds on controlled-access highways shall be effective when appropriate signs giving notice are erected along the highway by the Arkansas Department of Transportation.
  1. On all facilities other than controlled-access highways, except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, the limits specified in this section or established as authorized shall be maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of:
    1. Thirty miles per hour (30 m.p.h.) in any urban district;
    2. Fifty miles per hour (50 m.p.h.) for trucks of one-and-one-half-ton capacity or more in other locations;
    3. Sixty-five miles per hour (65 m.p.h.) for other motor vehicles in other locations; and
    4. A motor vehicle which is over width, over length, or over height or the gross load of which is in excess of sixty-four thousand pounds (64,000 lbs), excluding the front axle, even if operated under a special permit, shall not be operated in excess of thirty miles per hour (30 m.p.h.).
  2. Consistent with the requirements of subsection (a) of this section, the driver of every vehicle shall drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching the crest of a hill, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
  3. In every charge of violation of this section, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the prima facie speed applicable within the district or location.
  4. No person shall operate any motor-driven cycle at any time mentioned in § 27-36-204(a) at a speed greater than thirty-five miles per hour (35 m.p.h.) unless such motor-driven cycle is equipped with a headlamp or headlamps which are adequate to reveal a person or vehicle at a distance of three hundred feet (300') ahead.
  5. The provisions of this section shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence upon the part of the defendant as the proximate cause of the accident.

History. Acts 1937, No. 300, § 51; Pope's Dig., § 6709; Acts 1939, No. 179, § 1; 1959, No. 307, § 33; 1963, No. 557, §§ 1, 2; A.S.A. 1947, § 75-601; Acts 2017, No. 1097, § 1.

Publisher's Notes. For text of section effective July 1, 2020, see the following version.

Amendments. The 2017 amendment rewrote (b); in (c)(3), substituted “Sixty-five miles per hour (65 m.p.h.)” for “Sixty miles per hour (60 m.p.h.)” and inserted “motor”; and made stylistic changes.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Applicability.

In the absence of a showing that a special hazard existed on the highway or that there were signs specifying a particular speed, the statutory speed mentioned in this section would control. Elmore v. Dillard, 227 Ark. 260, 298 S.W.2d 338 (1957).

Duties of Drivers.

It was held to be the duty of the driver of an automobile on the streets of a city to keep his vehicle under such control as to be able to check the speed or stop it absolutely if necessary to avoid injury to others where danger could reasonably be expected or was apparent. Madding v. State, 118 Ark. 506, 177 S.W. 410 (1915) (decision under prior law).

It was held to be the duty of an automobile driver when going around a corner or approaching a curve, where his view was obstructed, to reduce his speed and take such care as the situation demanded. Bona v. S.R. Thomas Auto Co., 137 Ark. 217, 208 S.W. 306 (1919) (decision under prior law).

If rise is high enough to block driver's view of the road ahead, it is his statutory duty to reduce his speed in approaching the crest of the hill. Greyhound Lines v. Harmon, 239 Ark. 1031, 396 S.W.2d 291 (1965).

Instructions.

Instruction on former speed statute in negligence case was proper as against contention that instruction was on wrong statute where two statutes were substantially the same. Graves v. Jewell Tea Co., 180 Ark. 980, 23 S.W.2d 972 (1930) (decision under prior law).

An instruction, in an action for damages received in a collision, that, if the defendant was operating his automobile in a residential district at a speed greater than 20 miles per hour and such speed was the proximate cause of the collision and damages, the jury should return a verdict for the plaintiff was erroneous, as it made the violation of the traffic law negligence per se instead of leaving to the jury to consider the violation with the other facts and circumstances in determining whether the defendant was negligent. Herring v. Bollinger, 181 Ark. 925, 29 S.W.2d 676 (1930) (decision under prior law).

An instruction authorizing recovery by a passenger if a motorist drove at excessive speed and recklessly failed to keep his automobile under control and failed to exercise ordinary care for a passenger's safety was not objectionable as abstract, misleading, or erroneous. Hammond v. Hamby, 191 Ark. 780, 87 S.W.2d 1000 (1935) (decision under prior law).

Instruction that plaintiff would be guilty of negligence if he could not bring his car to a standstill within the distance in which he could plainly see parked cars was erroneous, since it was for jury to determine whether speed, under conditions existing, was reasonable and prudent. Kirby v. Swift & Co., 199 Ark. 442, 134 S.W.2d 865 (1939).

Where defendant was charged with involuntary manslaughter for reckless driving, the court properly refused an instruction of the defendant to the effect that if defendant was exercising due care and was not driving over posted highway speed limit the jury should acquit the defendant, as posted speed limit only fixed the maximum speed allowed and did not give the defendant the right to drive that fast under any and all conditions, and specifically under the conditions indicated by the evidence in the particular case. Campbell v. State, 215 Ark. 785, 223 S.W.2d 505 (1949).

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-20827-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

In a wrongful death action brought by the personal representative of the guest passenger of a deceased automobile driver, an instruction that violation of this section by the driver, if established by the evidence, could be considered by the jury in determining whether or not the driver was guilty of willful or wanton misconduct in the operation of the vehicle was properly refused, as it would have led the jury to the erroneous belief that such violation was evidence of willful and wanton misconduct. Shearer v. Newsom, 250 Ark. 33, 463 S.W.2d 642 (1971).

Where collision between vehicles occurred when one vehicle made left turn without signal and was struck by car coming in other direction and suit was brought by driver of the latter car, it was not error for the court to give, at the plaintiff's request, an instruction that explains the duty of a driver to keep a lookout, to keep his vehicle under control, and to drive at a speed no greater than is reasonable in the circumstances. Courson v. Chandler, 258 Ark. 904, 529 S.W.2d 864 (1975).

A trial court properly refuses to instruct jury under this section concerning speed limit on highway where accident occurs when no proof is given as to the speed limit. Miller v. Tipton, 272 Ark. 1, 611 S.W.2d 764 (1981).

Where there was testimony concerning the existence of a curve, the existence of an intersection, at least some suggestion of the proximity of the curve to the intersection, the speed at which the driver was traveling, and the effect of her failure to slow in the curve, the proffered instruction regarding negligence was a correct statement of the law, was relevant in the circumstances of the case, and it should have been given. Parker v. Holder, 315 Ark. 307, 867 S.W.2d 436 (1993).

Jury Questions.

Whether or not driver of an automobile was driving at a reckless or careless speed is a question for the jury, under proper instructions. Elmore v. Dillard, 227 Ark. 260, 298 S.W.2d 338 (1957).

It is up to the jury to decide whether a reasonably prudent individual would have checked his speed when approaching a person near the edge of the main traveled portion of the highway. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Manslaughter.

One driving an automobile on highway while drunk at a greater rate of speed than allowed by former statute could be found guilty of involuntary manslaughter if he caused another's death. White v. State, 164 Ark. 517, 262 S.W. 338 (1924); Fields v. Freeman, 177 Ark. 807, 8 S.W.2d 436 (1928) (decisions under prior law).

“National” Speed Limit.

Whereas the 55 mile per hour limit was adopted by the State Highway Commission which determined that the suggested national standard was in conformity with its own engineering and traffic investigations, the speed limit was not an unconstitutional infringement by the United States Congress. Neikirk v. State, 260 Ark. 526, 542 S.W.2d 282 (1976), cert. denied, Neikirk v. Arkansas, 430 U.S. 909, 97 S. Ct. 1183, 51 L. Ed. 2d 586 (1977).

Negligence.

Where a driver who had been driving for approximately 10 hours was unable to stop his truck and thereby avoid striking another vehicle because of fog and wet, slick pavement, he was driving at a rate of speed greater than was prudent and reasonable under existing conditions and therefore was guilty of negligence. Sunday v. Burk, 172 F. Supp. 722 (W.D. Ark. 1959).

New trial was not required because the jury could reasonably have found that regardless of the plaintiff driver's speed, the defendant company was wholly responsible for the accident since its employee turned in front of the driver; even if the plaintiff driver violated subsection (d) of this section when approaching the railway crossing, violation of a statute was not necessarily negligence but only evidence of negligence to be considered with all other facts and circumstances of the case, as the jury was instructed. Razorback Cab of Fort Smith, Inc. v. Amon, 2016 Ark. App. 352, 498 S.W.3d 346 (2016).

—Contributory.

Contributory negligence of parties held equal, and so neither party could recover against the other. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

An individual who operated his car at such speed that he was unable to stop in time to avoid another person who was emerging from a private driveway in full view violated this section and was guilty of contributory negligence. Kelly v. United States, 230 F. Supp. 118 (W.D. Ark. 1964).

—Evidence.

The provisions of former statute prescribing speed limits were to be considered by a jury in determining whether one or both of two colliding cars were being negligently driven at the time a person was injured. Carter v. Brown, 136 Ark. 23, 206 S.W. 71 (1918) (decision under prior law).

The violation of state traffic statutes was held to be merely evidentiary of negligence and did not constitute negligence per se. Fields v. Freeman, 177 Ark. 807, 8 S.W.2d 436 (1928); Union Sec. Co. v. Taylor, 185 Ark. 737, 48 S.W.2d 1100 (1932) (preceding decisions under prior law).

A violation of this section, while not conclusive of the issue, may be evidence of negligence on the part of the violator. Kisor v. Tulsa Rendering Co., 113 F. Supp. 10 (W.D. Ark. 1953).

Ordinary Care.

Obeying the speed limit is not all that is required of drivers in the exercise of ordinary care. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Probable Cause.

Motion to suppress evidence was properly denied in a drug case where the evidence showed that a search based on a pretextual stop was valid; the officer had probable cause for the stop since the vehicle was speeding, consent to search was given by the registered owner, and the consent was not limited to exclude containers found inside the vehicle. Flores v. State, 87 Ark. App. 327, 194 S.W.3d 207 (2004).

Proximate Cause.

Where driver of the following car ascertained that he could not pass leading car because of oncoming traffic and pulled in so closely behind leading car that he was unable to decrease his speed or stop when leading car decreased its speed without signal because of suddenly seeing a truck parked partly on highway and ran into the rear of the leading car, his action in driving too closely behind the leading car was an act of negligence which was the proximate cause of the accident. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954).

Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left, but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence; rather the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).

Reasonable and Prudent Driving.

The statement that the criterion of a prudent driver is not his ability to skirt the outer edges of the law succinctly outlines one of the tests to be used in determining whether or not the driver is driving in a reasonable and prudent manner as required by this section. Reppeto v. Raymond, 172 F. Supp. 786 (W.D. Ark. 1959).

Truck Tractors.

A truck tractor being operated without a trailer is still a truck, and not a passenger vehicle; hence its operation is governed by the law relating to speed of trucks. Rapert v. State, 215 Ark. 768, 223 S.W.2d 192 (1949).

Witnesses.

It was held that nonexperts could testify that a vehicle was running unusually fast. Bowen v. State, 100 Ark. 232, 140 S.W. 28 (1911) (decision under prior law).

Cited: Billingsley v. Westrac Co., 246 F. Supp. 356 (W.D. Ark. 1965); Billingsley v. Westrac Co., 365 F.2d 619 (8th Cir. 1966); Dugal v. Commercial Std. Ins. Co., 456 F. Supp. 290 (W.D. Ark. 1978); Rodriquez v. State, 299 Ark. 421, 773 S.W.2d 821 (1989).

27-51-201. Limitations generally — Definition. [Effective July 1, 2020.]

    1. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
    2. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
      1. The maximum speed limit for a motor vehicle operated on a controlled-access highway is seventy-five miles per hour (75 m.p.h.) if the controlled-access highway:
        1. Is located outside an urban area; and
        2. Has at least four (4) lanes that are divided by a median strip.
      2. The maximum speed limit for a commercial motor vehicle operated on a controlled-access highway described in subdivision (b)(1)(A) of this section is seventy miles per hour (70 m.p.h.).
    1. The Arkansas Department of Transportation shall erect the appropriate signs giving notice of the maximum speed limit provided in subdivision (b)(1)(A) of this section along the controlled-access highway.
    2. Upon an engineering and traffic investigation, the State Highway Commission may decrease the maximum speed limit on a controlled-access highway from the speed limit provided by subdivision (b)(1) of this section.
  1. On all facilities other than controlled-access highways under subdivision (b)(1) of this section, except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, the limits specified in this section or established as authorized shall be maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of:
    1. Thirty miles per hour (30 m.p.h.) in any urban district;
    2. Fifty miles per hour (50 m.p.h.) for trucks of one-and-one-half-ton capacity or more in other locations;
    3. Sixty-five miles per hour (65 m.p.h.) on a controlled-access highway in an urban area; and
    4. A motor vehicle which is overwidth, overlength, or overheight or the gross load of which is in excess of sixty-four thousand pounds (64,000 lbs.) excluding the front axle, even if operated under a special permit, shall not be operated in excess of thirty miles per hour (30 m.p.h.).
  2. Consistent with the requirements of subsection (a) of this section, the driver of every vehicle shall drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching the crest of a hill, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
  3. In every charge of violation of this section, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the prima facie speed applicable within the district or location.
  4. No person shall operate any motor-driven cycle at any time mentioned in § 27-36-204(a) at a speed greater than thirty-five miles per hour (35 m.p.h.) unless such motor-driven cycle is equipped with a headlamp or headlamps which are adequate to reveal a person or vehicle at a distance of three hundred feet (300') ahead.
  5. The provisions of this section shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence upon the part of the defendant as the proximate cause of the accident.
  6. As used in this section, “commercial motor vehicle” means any motor vehicle used in commerce to transport passengers or property when the vehicle or vehicle combination has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one pounds (26,001 lbs.) or more.

History. Acts 1937, No. 300, § 51; Pope's Dig., § 6709; Acts 1939, No. 179, § 1; 1959, No. 307, § 33; 1963, No. 557, §§ 1, 2; A.S.A. 1947, § 75-601; Acts 2017, No. 1097, § 1; 2019, No. 784, §§ 1, 2.

Publisher's Notes. For text of section effective until July 1, 2020, see the preceding version.

Amendments. The 2017 amendment rewrote (b); in (c)(3), substituted “Sixty-five miles per hour (65 m.p.h.)” for “Sixty miles per hour (60 m.p.h.)” and inserted “motor”; and made stylistic changes.

The 2019 amendment rewrote (b); inserted “under subdivision (b)(1) of this section” in the introductory language of (c); substituted “on a controlled-access highway in an urban area” for “for other motor vehicles in other locations” in (c)(3); and added (h).

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Effective Dates. Acts 2019, No. 784, § 3: July 1, 2020.

Case Notes

Applicability.

In the absence of a showing that a special hazard existed on the highway or that there were signs specifying a particular speed, the statutory speed mentioned in this section would control. Elmore v. Dillard, 227 Ark. 260, 298 S.W.2d 338 (1957).

Duties of Drivers.

It was held to be the duty of the driver of an automobile on the streets of a city to keep his vehicle under such control as to be able to check the speed or stop it absolutely if necessary to avoid injury to others where danger could reasonably be expected or was apparent. Madding v. State, 118 Ark. 506, 177 S.W. 410 (1915) (decision under prior law).

It was held to be the duty of an automobile driver when going around a corner or approaching a curve, where his view was obstructed, to reduce his speed and take such care as the situation demanded. Bona v. S.R. Thomas Auto Co., 137 Ark. 217, 208 S.W. 306 (1919) (decision under prior law).

If rise is high enough to block driver's view of the road ahead, it is his statutory duty to reduce his speed in approaching the crest of the hill. Greyhound Lines v. Harmon, 239 Ark. 1031, 396 S.W.2d 291 (1965).

Instructions.

Instruction on former speed statute in negligence case was proper as against contention that instruction was on wrong statute where two statutes were substantially the same. Graves v. Jewell Tea Co., 180 Ark. 980, 23 S.W.2d 972 (1930) (decision under prior law).

An instruction, in an action for damages received in a collision, that, if the defendant was operating his automobile in a residential district at a speed greater than 20 miles per hour and such speed was the proximate cause of the collision and damages, the jury should return a verdict for the plaintiff was erroneous, as it made the violation of the traffic law negligence per se instead of leaving to the jury to consider the violation with the other facts and circumstances in determining whether the defendant was negligent. Herring v. Bollinger, 181 Ark. 925, 29 S.W.2d 676 (1930) (decision under prior law).

An instruction authorizing recovery by a passenger if a motorist drove at excessive speed and recklessly failed to keep his automobile under control and failed to exercise ordinary care for a passenger's safety was not objectionable as abstract, misleading, or erroneous. Hammond v. Hamby, 191 Ark. 780, 87 S.W.2d 1000 (1935) (decision under prior law).

Instruction that plaintiff would be guilty of negligence if he could not bring his car to a standstill within the distance in which he could plainly see parked cars was erroneous, since it was for jury to determine whether speed, under conditions existing, was reasonable and prudent. Kirby v. Swift & Co., 199 Ark. 442, 134 S.W.2d 865 (1939).

Where defendant was charged with involuntary manslaughter for reckless driving, the court properly refused an instruction of the defendant to the effect that if defendant was exercising due care and was not driving over posted highway speed limit the jury should acquit the defendant, as posted speed limit only fixed the maximum speed allowed and did not give the defendant the right to drive that fast under any and all conditions, and specifically under the conditions indicated by the evidence in the particular case. Campbell v. State, 215 Ark. 785, 223 S.W.2d 505 (1949).

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-20827-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

In a wrongful death action brought by the personal representative of the guest passenger of a deceased automobile driver, an instruction that violation of this section by the driver, if established by the evidence, could be considered by the jury in determining whether or not the driver was guilty of willful or wanton misconduct in the operation of the vehicle was properly refused, as it would have led the jury to the erroneous belief that such violation was evidence of willful and wanton misconduct. Shearer v. Newsom, 250 Ark. 33, 463 S.W.2d 642 (1971).

Where collision between vehicles occurred when one vehicle made left turn without signal and was struck by car coming in other direction and suit was brought by driver of the latter car, it was not error for the court to give, at the plaintiff's request, an instruction that explains the duty of a driver to keep a lookout, to keep his vehicle under control, and to drive at a speed no greater than is reasonable in the circumstances. Courson v. Chandler, 258 Ark. 904, 529 S.W.2d 864 (1975).

A trial court properly refuses to instruct jury under this section concerning speed limit on highway where accident occurs when no proof is given as to the speed limit. Miller v. Tipton, 272 Ark. 1, 611 S.W.2d 764 (1981).

Where there was testimony concerning the existence of a curve, the existence of an intersection, at least some suggestion of the proximity of the curve to the intersection, the speed at which the driver was traveling, and the effect of her failure to slow in the curve, the proffered instruction regarding negligence was a correct statement of the law, was relevant in the circumstances of the case, and it should have been given. Parker v. Holder, 315 Ark. 307, 867 S.W.2d 436 (1993).

Jury Questions.

Whether or not driver of an automobile was driving at a reckless or careless speed is a question for the jury, under proper instructions. Elmore v. Dillard, 227 Ark. 260, 298 S.W.2d 338 (1957).

It is up to the jury to decide whether a reasonably prudent individual would have checked his speed when approaching a person near the edge of the main traveled portion of the highway. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Manslaughter.

One driving an automobile on highway while drunk at a greater rate of speed than allowed by former statute could be found guilty of involuntary manslaughter if he caused another's death. White v. State, 164 Ark. 517, 262 S.W. 338 (1924); Fields v. Freeman, 177 Ark. 807, 8 S.W.2d 436 (1928) (decisions under prior law).

“National” Speed Limit.

Whereas the 55 mile per hour limit was adopted by the State Highway Commission which determined that the suggested national standard was in conformity with its own engineering and traffic investigations, the speed limit was not an unconstitutional infringement by the United States Congress. Neikirk v. State, 260 Ark. 526, 542 S.W.2d 282 (1976), cert. denied, Neikirk v. Arkansas, 430 U.S. 909, 97 S. Ct. 1183, 51 L. Ed. 2d 586 (1977).

Negligence.

Where a driver who had been driving for approximately 10 hours was unable to stop his truck and thereby avoid striking another vehicle because of fog and wet, slick pavement, he was driving at a rate of speed greater than was prudent and reasonable under existing conditions and therefore was guilty of negligence. Sunday v. Burk, 172 F. Supp. 722 (W.D. Ark. 1959).

New trial was not required because the jury could reasonably have found that regardless of the plaintiff driver's speed, the defendant company was wholly responsible for the accident since its employee turned in front of the driver; even if the plaintiff driver violated subsection (d) of this section when approaching the railway crossing, violation of a statute was not necessarily negligence but only evidence of negligence to be considered with all other facts and circumstances of the case, as the jury was instructed. Razorback Cab of Fort Smith, Inc. v. Amon, 2016 Ark. App. 352, 498 S.W.3d 346 (2016).

—Contributory.

Contributory negligence of parties held equal, and so neither party could recover against the other. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

An individual who operated his car at such speed that he was unable to stop in time to avoid another person who was emerging from a private driveway in full view violated this section and was guilty of contributory negligence. Kelly v. United States, 230 F. Supp. 118 (W.D. Ark. 1964).

—Evidence.

The provisions of former statute prescribing speed limits were to be considered by a jury in determining whether one or both of two colliding cars were being negligently driven at the time a person was injured. Carter v. Brown, 136 Ark. 23, 206 S.W. 71 (1918) (decision under prior law).

The violation of state traffic statutes was held to be merely evidentiary of negligence and did not constitute negligence per se. Fields v. Freeman, 177 Ark. 807, 8 S.W.2d 436 (1928); Union Sec. Co. v. Taylor, 185 Ark. 737, 48 S.W.2d 1100 (1932) (preceding decisions under prior law).

A violation of this section, while not conclusive of the issue, may be evidence of negligence on the part of the violator. Kisor v. Tulsa Rendering Co., 113 F. Supp. 10 (W.D. Ark. 1953).

Ordinary Care.

Obeying the speed limit is not all that is required of drivers in the exercise of ordinary care. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Probable Cause.

Motion to suppress evidence was properly denied in a drug case where the evidence showed that a search based on a pretextual stop was valid; the officer had probable cause for the stop since the vehicle was speeding, consent to search was given by the registered owner, and the consent was not limited to exclude containers found inside the vehicle. Flores v. State, 87 Ark. App. 327, 194 S.W.3d 207 (2004).

Proximate Cause.

Where driver of the following car ascertained that he could not pass leading car because of oncoming traffic and pulled in so closely behind leading car that he was unable to decrease his speed or stop when leading car decreased its speed without signal because of suddenly seeing a truck parked partly on highway and ran into the rear of the leading car, his action in driving too closely behind the leading car was an act of negligence which was the proximate cause of the accident. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954).

Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left, but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence; rather the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).

Reasonable and Prudent Driving.

The statement that the criterion of a prudent driver is not his ability to skirt the outer edges of the law succinctly outlines one of the tests to be used in determining whether or not the driver is driving in a reasonable and prudent manner as required by this section. Reppeto v. Raymond, 172 F. Supp. 786 (W.D. Ark. 1959).

Truck Tractors.

A truck tractor being operated without a trailer is still a truck, and not a passenger vehicle; hence its operation is governed by the law relating to speed of trucks. Rapert v. State, 215 Ark. 768, 223 S.W.2d 192 (1949).

Witnesses.

It was held that nonexperts could testify that a vehicle was running unusually fast. Bowen v. State, 100 Ark. 232, 140 S.W. 28 (1911) (decision under prior law).

Cited: Billingsley v. Westrac Co., 246 F. Supp. 356 (W.D. Ark. 1965); Billingsley v. Westrac Co., 365 F.2d 619 (8th Cir. 1966); Dugal v. Commercial Std. Ins. Co., 456 F. Supp. 290 (W.D. Ark. 1978); Rodriquez v. State, 299 Ark. 421, 773 S.W.2d 821 (1989).

27-51-202. Restrictions not applicable to emergency vehicles — Definition.

    1. The prima facie speed limitations under this subchapter do not apply to authorized emergency vehicles responding to emergency calls when the driver of the emergency vehicle is operating the vehicle's emergency lights and is also operating an audible signal by bell, siren, or exhaust whistle if other vehicles are present.
    2. The driver of an authorized emergency vehicle operated as a police vehicle is not required to operate a siren or flashing lights when operating the emergency vehicle as authorized under § 27-51-906.
  1. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall it protect the driver of any emergency vehicle from the consequence of a reckless disregard of the safety of others.
  2. For purposes of this section, “emergency calls” means legitimate emergency situations which call for the operation of an emergency vehicle.

History. Acts 1937, No. 300, § 55; Pope's Dig., § 6713; A.S.A. 1947, § 75-606; Acts 2001, No. 332, § 1; 2001, No. 1415, § 1; 2017, No. 793, § 3.

Amendments. The 2017 amendment redesignated former (a) as (a)(1); added (a)(2); deleted “including a police vehicle” at the end of (c); and made stylistic changes.

Research References

Ark. L. Rev.

Torts — Duty of Emergency Vehicles, 21 Ark. L. Rev. 272 (1967).

City of Caddo Valley v. George: Stop or I'll Sue! Police Chases and the Price Cities May Pay, 55 Ark. L. Rev. 425 (2002).

Case Notes

Negligence.

The officers were negligent in continuing the high-speed pursuit once they knew of conditions which could create a danger to innocent bystanders; it was their duty, once they knew of the roadblock, to exercise ordinary care for the safety of others using the highway. City of Caddo Valley v. George, 340 Ark. 203, 9 S.W.3d 481 (2000).

Standard of Care.

The driver of an emergency vehicle is held to a standard of ordinary care. City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).

Cited: Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967).

27-51-203. [Repealed.]

Publisher's Notes. This section, concerning authority to establish limits, was repealed by Acts 2017, No. 1097, § 2. The section was derived from Acts 1971, No. 61, § 1; A.S.A. 1947, § 75-601.1.

27-51-204. Maximum speed limits — Exceptions.

  1. The maximum speed limits posted under § 27-51-201 shall apply to all vehicles using the facility except authorized emergency vehicles on emergency trips, such as police vehicles on duty, fire vehicles on calls, and ambulances; oversize/overweight vehicles moving under special permit issued by the Arkansas Department of Transportation or its lawfully delegated agents; and other specific vehicles for which special limits may be posted in particular situations or under particular conditions.
  2. This exemption shall not relieve any driver of an authorized emergency vehicle from his or her lawful responsibility to drive with due regard for the safety of all persons upon or using the highway facility, nor shall it protect the operator of any such vehicle from the consequence of a reckless disregard for the safety of others.

History. Acts 1971, No. 61, § 2; A.S.A. 1947, § 75-601.2; Acts 2017, No. 707, § 346; 2017, No. 1097, § 3.

Amendments. The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1) [now (a)].

The 2017 amendment by No. 1097 deleted “and minimum” preceding “speed limits” in the section heading; deleted former (a)(1) and (a)(2); redesignated former (b)(1) and (b)(2) as (a) and (b); in (a), deleted “and minimum” preceding “speed limits” and inserted “under § 27-51-201”; and inserted “or her” in (b).

Case Notes

Driver of Emergency Vehicle.

The driver of an emergency vehicle is held to a standard of ordinary care. City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).

27-51-205. Right of local authorities to enforce limits.

  1. No local authority shall alter, amend, annul, or abrogate any posted speed regulation on any facility of the state highway system, but may, in regard to facilities traversing their respective jurisdictions, petition the State Highway Commission in a hearing to present argument on such potential action.
  2. This section is supplemental to existing law and shall in no way derogate the duty of local courts, local peace officers, and the Department of Arkansas State Police to enforce posted traffic and speed regulations within their jurisdictions.

History. Acts 1971, No. 61, § 3; A.S.A. 1947, § 75-601.3.

27-51-206. Local authorities may alter prima facie speed limits.

  1. Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the prima facie speed permitted under this subchapter at any intersection is greater than is reasonable or safe under the conditions found to exist at the intersection, then the local authority shall determine and declare a reasonable and safe prima facie speed limit, which shall be effective when appropriate signs giving notice are erected at such intersection or upon the approaches thereto if approved by the State Highway Commission.
  2. Local authorities in their respective jurisdictions may, in their discretion, authorize by ordinance higher prima facie speeds than those stated in § 27-51-201 upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections, if signs are erected giving notice of the authorized speed, but local authorities shall not have authority to modify or alter the basic rule set forth in § 27-51-201(a) or in any event to authorize by ordinance a speed in excess of forty-five miles per hour (45 m.p.h.).

History. Acts 1937, No. 300, § 52; Pope's Dig., § 6710; A.S.A. 1947, § 75-602.

Cross References. Municipality may punish speeding, § 14-54-103.

27-51-207. Assistance to local authorities in determining limits.

Local authorities may request professional assistance of the Arkansas Department of Transportation in determining reasonable and prudent maximum and minimum speeds for arterial highways, roads, and streets not on the state highway system in their respective jurisdictions.

History. Acts 1971, No. 61, § 4; A.S.A. 1947, § 75-601.4; Acts 2017, No. 707, § 347.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-51-208. Minimum speed regulation.

  1. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with the law.
  2. Whenever the State Highway Commission or local authorities, within their respective jurisdictions, on the basis of an engineering and traffic investigation determine that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the commission or the local authority may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with the law.

History. Acts 1937, No. 300, § 53; Pope's Dig., § 6711; Acts 1959, No. 307, § 34; A.S.A. 1947, § 75-604.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Court Determinations.

Where a slowly moving vehicle is struck from the rear by another vehicle, it is for the trial court to determine whether or not such slowness of speed is negligence and, if so, the extent to which it contributed as a proximate cause to the collision. Maddux v. Cox, 382 F.2d 119 (8th Cir. 1967).

Instructions.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-20927-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

An instruction on subsection (a) of this section was applicable in a case where defendant was operating his farm tractor at 14 miles per hour on a highway and was struck from the rear by plaintiff's automobile, which was traveling about 50 miles per hour when plaintiff first observed the tractor about 25 paces ahead of him, with evidence plaintiff was unable to pass defendant because of oncoming traffic in the lane to the left. Hooten v. De Jarnatt, 237 Ark. 792, 376 S.W.2d 272 (1964).

Decedent died when his vehicle hit the back of a farm tractor on a highway; on appeal, the administratrix claimed that the trial court erred in not giving proffered jury instructions arising out of the breach of certain statutes, which included § 27-51-208(a). There was some evidence that the tractor driver was driving at a slow speed at the time of the accident; therefore, there was some evidence to support giving the instruction. McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

Stopping by Police.

Where a state police officer observed an automobile with out-of-state license plates which was traveling at a slow rate of speed on an interstate highway and which contained two occupants sitting low in the seat, he was justified in stopping the vehicle to investigate the reason for the slow speed and to determine the age of the operator. Perez v. State, 260 Ark. 438, 541 S.W.2d 915 (1976).

Cited: McMickle v. Griffin, 369 Ark. 318, 254 S.W.3d 729 (2007).

27-51-209. Driving over bridges or other elevated structures.

  1. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure when the structure is signposted as provided in this section.
  2. Upon request from any local authority, the State Highway Commission shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway. If it shall find that the structure cannot, with safety to itself, withstand vehicles traveling at the speed otherwise permissible under this subchapter, the commission shall determine and declare the maximum speed of vehicles which the structure can safely withstand and shall cause or permit suitable signs stating the maximum speed to be erected and maintained at a distance of one hundred feet (100') before each end of the structure.
  3. Upon the trial of any person charged with a violation of this section, proof of the determination of the maximum speed by the commission and the existence of the signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.

History. Acts 1937, No. 300, § 54; Pope's Dig., § 6712; Acts 1959, No. 307, § 35; A.S.A. 1947, § 75-605.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Instructions.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-208, 27-51-210, 27-51-211, 27-51-306, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

27-51-210. Towing of manufactured homes and mobile homes.

  1. No person shall drive a vehicle that is towing a manufactured home or mobile home at a speed greater than fifty-five miles per hour (55 m.p.h.).
  2. On roads upon which the posted speed limit is less than fifty-five miles per hour (55 m.p.h.), the posted speed limit shall be observed.
  3. The Arkansas Department of Transportation may set minimum and maximum speed limits different from those posted or may set a speed limit less than the maximum provided in subsections (a) and (b) of this section for a vehicle towing a manufactured home or mobile home by noting any speed restriction on the oversize load permit issued by the department to that vehicle.

History. Acts 1937, No. 300, § 54; 1959, No. 307, § 35; A.S.A. 1947, § 75-605; Acts 2001, No. 1136, § 1; 2017, No. 707, § 348.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c).

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Instructions.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-208, 27-51-209, 27-51-211, 27-51-306, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

27-51-211. Use of nonpneumatic tires.

No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour (10 m.p.h.).

History. Act 1937, No. 300, § 54; Pope's Dig., § 6712; Acts 1959, No. 307, § 35; A.S.A. 1947, § 75-605.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Instructions.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-20827-51-210, 27-51-306, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

27-51-212. Speed limit near schools — Exceptions.

  1. No person shall operate a motor vehicle in excess of twenty-five miles per hour (25 m.p.h.) when passing a school building or school zone during school hours when children are present and outside the building.
  2. This speed limit shall not be applicable upon the freeways and interstate highways of this state or to school zones adequately protected by a steel fence limiting access to and egress from safety crossings.

History. Acts 1977, No. 229, § 1; A.S.A. 1947, § 75-601.5.

27-51-213. Erection and maintenance of required signs in school zones.

    1. A school zone shall include a distance of three hundred feet (300') on either side of a school building or school grounds and shall be posted with appropriate signs showing: “SCHOOL — 25 M.P.H. WHEN CHILDREN ARE PRESENT”.
    2. At an appropriate distance before reaching this sign, a school advance sign shall be erected.
    3. A third sign at the end of the school zone shall designate the speed limit the motor vehicle may resume.
      1. It shall be the duty of the Arkansas Department of Transportation, county road department, city street department, or any other agency having the responsibility of maintaining the streets or roadways to erect the signs required by subsection (a) of this section unless a special traffic engineering study for a specific school zone produces other recommendations for that school zone.
      2. The maximum speed limit shall not be increased above the limitation provided in subsection (a) of this section.
    1. Signs shall be maintained and replaced using the same criteria that is used to maintain and replace “STOP” signs and other warning signs.
    2. All signs and signing locations will be in accordance with the regulations contained in the current Manual on Uniform Traffic Control Devices.

History. Acts 1977, No. 229, § 2; A.S.A. 1947, § 75-601.6; Acts 2017, No. 707, § 349.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1)(A).

Cross References. Traffic control devices generally, § 27-52-101 et seq.

27-51-214. Penalties for speeding in school zone.

Any person who violates any of the provisions of § 27-51-212 or § 27-51-213 shall upon conviction be guilty of a misdemeanor and shall be punished as follows:

  1. For a first conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or by imprisonment in the county jail for not less than one (1) day nor more than ten (10) days, or by both fine and imprisonment;
    1. For a conviction of a second violation within one (1) year, an offender shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or by imprisonment in the county jail for not less than five (5) days nor more than twenty-five (25) days, or by both fine and imprisonment.
    2. In addition, the Office of Driver Services of the Department of Finance and Administration shall suspend the driving privilege of the person for a period of six (6) months upon receipt of notice of a final conviction; and
    1. For a conviction of a third or subsequent violation within one (1) year, an offender shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than twenty-five (25) days nor more than six (6) months, or both fine and imprisonment.
    2. In addition, the office shall suspend the driving privilege of the person for a period of one (1) year upon receipt of notice of a final conviction.

History. Acts 1977, No. 229, § 4; A.S.A. 1947, § 75-601.8.

27-51-215. [Repealed.]

Publisher's Notes. This section, concerning Arkansas Primary Highway Network study, was repealed by Acts 2011, No. 780, § 9. The section was derived from Acts 2007, No. 242, § 1.

27-51-216. Speed limits and traffic-control devices on county roads — Penalty.

  1. As used in this section, “county road” means a public road that is not a state highway, interstate highway, or city street within the jurisdiction of a given county.
    1. Each county judge may establish speed limits on county roads within the jurisdictional boundaries of his or her county.
    2. If a county judge has not established a speed limit on a county road within the jurisdictional boundaries of his or her county, then the speed limit shall be forty miles per hour (40 m.p.h.) on the county road.
    1. A person who pleads guilty or nolo contendere to or is found guilty of a violation of a speed limit on a county road established by a county judge or as provided under this section shall be assessed a penalty as provided under § 27-50-305.
    2. A person who pleads guilty or nolo contendere to or is found guilty of speeding in excess of fifteen miles per hour (15 m.p.h.) over the posted speed limit on a county road established by a county judge or as provided under this section is guilty of a Class C misdemeanor.
  2. A traffic-control device that is erected on a county road shall conform to the uniform manual on traffic-control devices adopted by the State Highway Commission.

History. Acts 2007, No. 667, § 1.

27-51-217. Additional fine for moving violations committed in presence of minor.

  1. In addition to any other sentence resulting from a plea of guilty or nolo contendere or a finding of guilty to a traffic violation under this subchapter, the sentencing court shall assess an additional fine of five dollars ($5.00) for reckless driving, § 27-50-308, or for speeding in excess of twenty miles per hour (20 m.p.h.) over the posted speed limit if the finder of fact determines that the traffic violation was committed while a person under eighteen (18) years of age was a passenger in the motor vehicle.
  2. A fine assessed and collected under this section shall be remitted on or before the fifteenth day of the following month to the Arkansas Children's Advocacy Center Fund.

History. Acts 2017, No. 714, § 7.

Subchapter 3 — Driving, Overtaking, and Passing

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 2003, No. 1102, § 2: Apr. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that deaths have often occurred when police vehicles are parked on the road shoulders during law enforcement activities; that on multi-lane highways this could be avoided by requiring drivers to pass the scene in the furthest lane from the stopped police vehicle; that this act so provides; and that until this act becomes effective the danger will remain. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 260 et seq.

C.J.S. 60A C.J.S., Motor Veh., § 274 et seq.

27-51-301. Vehicles to be driven on right side of roadway — Exceptions.

  1. Except as otherwise provided in this section, upon all roadways of sufficient width, a vehicle shall not be driven upon the left half of the roadway, except as follows:
    1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement;
    2. When the right half of a roadway is closed to traffic while under construction or repair;
    3. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon;
    4. Upon a roadway designated and signposted for one-way traffic;
    5. When the right half of the roadway is in disrepair or is in an otherwise undrivable or unsafe condition; or
    6. When a vehicle is preparing to exit the roadway on the left.
  2. Motor vehicles shall not be operated continuously in the left lane of a multilane roadway whenever it impedes the flow of other traffic.
    1. The Arkansas Department of Transportation may designate certain multilane highways or portions of multilane highways as prohibiting continuous driving in the left lane except in those instances described in subsection (a) of this section.
    2. For those multilane highways or portions of multilane highways described in subdivision (c)(1) of this section and designated by the department, the department shall erect periodic signs along the multilane highway or portion of the multilane highway that notify the public of the prohibition.

History. Acts 1937, No. 300, § 56; Pope's Dig., § 6714; A.S.A. 1947, § 75-607; Acts 1997, No. 854, § 1; 2013, No. 965, § 1; 2017, No. 707, § 350.

Amendments. The 2013 amendment, in (a), substituted “except as otherwise provided in this section, upon” for “Upon” and “left” for “right”; inserted “not” after “a vehicle shall” in (a)(1); and inserted (a)(5), (a)(6), and (c).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(1).

Case Notes

Applicability.

Police officer was entitled as a matter of law to qualified immunity on civil rights and tort claims asserted by appellee father because the undisputed facts demonstrated probable cause for the father's arrest for driving on the wrong side of the road in contravention of subsection (a) of this section. Martin v. Hallum, 2010 Ark. App. 193, 374 S.W.3d 152 (2010).

Evidence of Negligence.

A violation of this section, while not conclusive of the issue, may be evidence of negligence on the part of the violator. Kisor v. Tulsa Rendering Co., 113 F. Supp. 10 (W.D. Ark. 1953).

Fact that truck traveled distance of 100 yards on left side of pavement, continued on left shoulder, struck culvert, and overturned without driver having applied brakes or attempted to turn right showed this section had been violated, and this fact was evidence of negligence. Frisby v. Olin Mathieson Chem. Corp., 279 F.2d 939 (8th Cir. 1960).

Impeding Traffic.

Police officer had reasonable suspicion to stop defendant's vehicle after he observed that defendant's vehicle was obstructing traffic in the left lane. Sims v. State, 356 Ark. 507, 157 S.W.3d 530 (2004).

Instructions.

Where the only action on the plaintiff's part, which the defendant insisted contributed to the plaintiff's injury, was that he was in the act of passing a parked truck and had not succeeded in getting back on his side of the road when the collision occurred, an instruction that the jury should find for the defendant if the plaintiff was not on his side of the road did not omit the defense of contributory negligence. Standard Materials Corp. v. Johnson, 205 Ark. 562, 169 S.W.2d 590 (1943).

In a wrongful death action brought by the personal representative of the guest passenger of a deceased automobile driver, an instruction that violation of this section by the driver, if established by the evidence, could be considered by the jury in determining whether or not the driver was guilty of willful or wanton misconduct in the operation of the vehicle was properly refused, as it would have led the jury to the erroneous belief that such violation was evidence of willful and wanton misconduct. Shearer v. Newsom, 250 Ark. 33, 463 S.W.2d 642 (1971).

Jury Questions.

One driving a vehicle had to keep to the right side of the road, and whether this requirement was done or not was a question for the jury in determining the question of negligence. Northwestern Cas. & Sur. Co. v. Rose, 185 Ark. 263, 46 S.W.2d 796 (1932) (decision under prior law).

Jury Trial.

Appellate court erred in reversing and dismissing case, in which defendant was convicted for driving left of center, for failure to grant a jury trial rather than remanding the case, because: 1) defendant sought reversal and remand; 2) such failure does not require dismissal under the double jeopardy clause; and 3) defendant should have been given a chance to have his case fairly put to a jury. Elmore v. State, 305 Ark. 426, 809 S.W.2d 370 (1991), modified, 305 Ark. 426, 809 S.W.2d 370 (1991).

Traffic Stops.

As the evidence showed that a deputy sheriff had probable cause to believe that defendant's vehicle had violated this section by crossing the center line by three feet, the deputy's traffic stop was constitutional. Webb v. State, 2011 Ark. 430, 385 S.W.3d 152 (2011).

Cited: Williamson v. Rainwater, 236 Ark. 885, 370 S.W.2d 443 (1963); Smith v. City of Little Rock, 305 Ark. 168, 806 S.W.2d 371 (1991); King v. State, 42 Ark. App. 97, 854 S.W.2d 362 (1993); Hoay v. State, 75 Ark. App. 103, 55 S.W.3d 782 (2001); Tiller v. State, 2014 Ark. App. 431, 439 S.W.3d 705 (2014); Lockhart v. State, 2017 Ark. 13, 508 S.W.3d 869 (2017).

27-51-302. Driving on roadways laned for traffic.

Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this subchapter shall apply:

  1. A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that movement can be made with safety; and
  2. Official signs may be erected directing slower-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction, and drivers of vehicles shall obey the directions of every such sign.

History. Acts 1937, No. 300, § 62; Pope's Dig., § 6720; A.S.A. 1947, § 75-613; Acts 2001, No. 312, § 1.

Case Notes

Instructions.

In damage action growing out of a collision resulting when an automobile in the second lane from the curb attempted a right turn into a driveway and another behind it attempted to move into the curb lane preparatory to making a right turn at the intersection ahead, a jury instruction embodying subdivision (1) of this section was applicable and applied with equal force to both drivers. Moore v. Cook, 243 Ark. 502, 420 S.W.2d 905 (1967).

Probable Cause.

Where the Government mistakenly stated during a suppression hearing that it was not asserting this section as the basis for a traffic stop, the Government did not waive its right to argue that this section provided a valid basis for the traffic stop, because the Government asserted this section as a basis for the stop in its initial briefs, and the Government's misstatement at the hearing was not sufficient to support the conclusion that it intentionally relinquished or abandoned its right to resort to this section as a basis for the stop. United States v. Demilia, 771 F.3d 1051 (8th Cir. 2014).

Safety.

Road conditions in and of themselves do not constitute negligence; the issue, rather, is how people perform under those conditions. Sublett v. Hipps, 330 Ark. 58, 952 S.W.2d 140 (1997).

Cited: Smith v. City of Little Rock, 305 Ark. 168, 806 S.W.2d 371 (1991); Hoay v. State, 75 Ark. App. 103, 55 S.W.3d 782 (2001).

27-51-303. Passing a vehicle proceeding in opposite direction.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right. Upon roadways having width for not more than one (1) line of traffic in each direction, each driver shall give to the other at least one-half (½) of the main-traveled portion of the roadway as nearly as possible.

History. Acts 1937, No. 300, § 57; Pope's Dig., § 6715; A.S.A. 1947, § 75-608.

Case Notes

Evidence of Negligence.

A violation of this section, while not conclusive of the issue, may be evidence of negligence on the part of the violator. Kisor v. Tulsa Rendering Co., 113 F. Supp. 10 (W.D. Ark. 1953).

27-51-304. One-way roadways and rotary traffic islands.

  1. Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
  2. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

History. Acts 1937, No. 300, § 61; Pope's Dig., § 6719; A.S.A. 1947, § 75-612.

27-51-305. Following too closely — Definition.

  1. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having regard for the speed of vehicles and the traffic upon and the condition of the highway.
    1. The driver of any motor truck or any motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district shall not follow within two hundred feet (200') of another motor vehicle.
    2. This subsection does not prevent overtaking and passing.
  2. Vehicles equipped with driver-assistive truck platooning systems may follow other vehicles closer than allowed under subsection (a) of this section and subdivision (b)(1) of this section.
  3. As used in this chapter, “driver-assistive truck platooning system” means technology that integrates sensor array, wireless communication, vehicle controls, and specialized software to synchronize acceleration and braking between two (2) or more vehicles while leaving each vehicle's steering control and systems monitoring and intervention in the control of its human operator.

History. Acts 1937, No. 300, § 63; Pope's Dig., § 6721; A.S.A. 1947, § 75-614; Acts 2001, No. 998, § 1; 2017, No. 797, § 1.

Amendments. The 2017 amendment deleted “due” preceding “regard” in (a); substituted “This subsection does not” for “The provisions of this subsection shall not be construed to” in (b)(2); and added (c) and (d).

Cross References. Driver-assistive truck platooning systems, § 27-51-1408.

Case Notes

Burden of Proof.

Where the evidence tended to show that defendant truck driver slowed down his speed to that of the car preceding him and maintained a distance of 80 to 100 feet behind the car in a hazard free 60 mile an hour zone of highway without ever attempting to pass the car and that an oncoming car veered from its proper lane and struck the car preceding defendant and propelled that car into defendant's truck, plaintiff failed to prove that defendant followed the preceding car too closely. Superior Forwarding Co. v. Garner, 236 Ark. 340, 366 S.W.2d 290 (1963).

By the employee's own admission, the employee was aware that the third vehicle twice braked, causing both the employee, driving a tractor-trailer and the injured person to slow down; thus while there was evidence that the driver of the third vehicle was negligent, fair-minded people could only have concluded that the employee was following too closely, and the jury's verdict in favor of the employee and his employer was not supported by substantial evidence. Dovers v. Stephenson Oil Co., 81 Ark. App. 92, 98 S.W.3d 462 (2003).

Instructions.

The court was more than justified in refusing to instruct the jury in accordance with this section where there was a total absence of evidence raising an issue of following too closely, inasmuch as the law requires not merely evidence, but substantial evidence, in order to create a submissible issue for the jury's deliberation. Stewart v. Key Co., 267 Ark. 790, 590 S.W.2d 872 (Ct. App. 1979).

Probable Cause for Traffic Stop.

Trial court clearly erred in denying defendant's motion to suppress because probable cause did not exist for the traffic stop, as the facts and circumstances within the officer's knowledge were not sufficient to permit a person of reasonable caution to believe defendant had committed the traffic offense of following too closely to the vehicle that pulled in front of him; the “fault” in the situation lay more with the driver who pulled into defendant's lane, and the officer did not allow enough time for defendant to correct the situation that he admittedly did not cause. Pargament v. State, 2019 Ark. App. 311 (2019).

Proximate Cause.

Although truck driver failed to give signal before turning where driver in rear truck was following too closely, jury could properly find that the proximate cause of the collision was the negligence of the rear driver in following too closely. Jones v. King, 211 Ark. 1084, 204 S.W.2d 548 (1947).

Where driver of the following car ascertained that he could not pass leading car because of oncoming traffic and pulled in so closely behind leading car that he was unable to decrease his speed or stop when leading car decreased its speed without signal because of suddenly seeing a truck parked partly on highway and ran into the rear of the leading car, his action in driving too closely behind the leading car was an act of negligence which was the proximate cause of the accident. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954).

Where defendant's driver was following too close to the preceding vehicle and he failed to keep a proper lookout and also failed to have his vehicle under reasonable control, his negligence was the proximate cause of the accident. Keene v. George Enters., Inc., 145 F. Supp. 641 (W.D. Ark. 1956).

Cited: Gonzalez v. State, 32 Ark. App. 10, 794 S.W.2d 620 (1990);

Craighead Elec. Coop. Corp. v. Craighead County, 352 Ark. 76, 98 S.W.3d 414 (2003).

27-51-306. Overtaking of vehicle on left.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules stated:

  1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and
  2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall yield to the right in favor of the overtaking vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

History. Acts 1937, No. 300, § 58; Pope's Dig., § 6716; A.S.A. 1947, § 75-609; Acts 2001, No. 220, § 1.

Case Notes

Instructions.

In an action to recover for injuries received when a bus attempted to pass the automobile in which the plaintiff was riding, it was alleged that the driver of the bus carelessly and negligently undertook to pass and go around the automobile without any signal or warning and this allegation was supported by testimony, and instruction telling the jury that, under former statute “the driver of any overtaking vehicle … shall give audible warning with his horn or other warning device before passing a vehicle proceeding in the same direction” was not abstract, but responsive to the issues in the case. Crown Coach Co. v. Palmer, 193 Ark. 739, 102 S.W.2d 853 (1937) (decision under prior law).

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-20827-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

It was error to embody this section in an instruction in a negligence action without also informing the jury that the section did not apply to the defendant being overtaken if he was making a lawful left turn, i.e., if he had given the proper signals for the left turn. Nelson v. Underwood, 244 Ark. 1065, 429 S.W.2d 102 (1968).

It was error to embody subdivision (2) of this section into an instruction in an automobile collision negligence case where both drivers had entered the passing lane, one to pass the other and the other to pass a third driver, and there was no evidence that either driver had sounded an audible signal. Smith v. Alexander, 245 Ark. 567, 433 S.W.2d 157 (1968).

There is no conflict between an instruction embodying this section and other sections concerning the manner of turning and changing lanes and the giving of signals in doing so and another instruction that instructs the jury that of two vehicles traveling in the same direction the one in front has the superior right to the use of the highway for the purpose of leaving it to enter intersecting roads or passageways. Wasson v. Warren, 245 Ark. 719, 434 S.W.2d 51 (1968).

Where court gave instruction in negligence case, quoting this section, which made reference to an audible signal despite the lack of any evidence that one was given, the instruction was abstract and could have been prejudicial, and thus constituted reversible error. Neal v. J.B. Hunt Transp., Inc., 305 Ark. 97, 805 S.W.2d 643 (1991).

Where no evidence was presented that defendant, in a personal injury action, sounded a signal as he passed plaintiff, proffered jury instruction which asserted that once the overtaking vehicle gives an audible signal the overtaken vehicle must yield the right-of-way, even though he has properly given a turn signal, was not relevant, and the trial court's refusal to give it was not error. Richey v. Luffman, 311 Ark. 81, 841 S.W.2d 622 (1992).

Overtaking Turning Vehicles.

This section is not applicable if the driver of the overtaken vehicle is making a lawful turn and the proper signals have been given; the driver of the overtaking vehicle must handle his automobile in accordance with the idea that the forward vehicle has the superior right to the use of the highway for the purpose of leaving it to enter an intersecting road or passageway. Downs v. Reed, 247 Ark. 588, 446 S.W.2d 657 (1969).

Yielding Right of Way.

Subdivision (2) of this section places a duty on the overtaken driver to yield right of way only if the overtaking driver does use an audible signal. Richey v. Luffman, 311 Ark. 81, 841 S.W.2d 622 (1992).

Cited: Woods v. Pearce, 230 Ark. 859, 327 S.W.2d 377 (1959); Butler v. Dowdy, 304 Ark. 481, 803 S.W.2d 534 (1991); Kelley v. Medlin, 309 Ark. 146, 827 S.W.2d 655 (1992).

27-51-307. Restrictions on passing overtaken vehicle on left.

    1. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
    2. In every event, the overtaking vehicle must return to the right-hand side of the roadway before coming within one hundred feet (100') of any vehicle approaching from the opposite direction.
  1. No vehicle shall, in overtaking and passing another vehicle or at any other time, except upon a one-way roadway, be driven to the left side of the roadway, under the following conditions:
    1. When approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed;
    2. When approaching within one hundred feet (100') of or traversing any intersection or railroad grade crossing;
    3. When the view is obstructed upon approaching within one hundred feet (100') of any bridge, viaduct, or tunnel; and
    4. Where official signs are in place directing that traffic keep to the right or a distinctive center line is marked, which distinctive lines also so direct traffic as declared in the sign manual adopted by the State Highway Commission.

History. Acts 1937, No. 300, § 60; Pope's Dig., § 6718; Acts 1959, No. 307, § 26; 1971, No. 161, § 1; A.S.A. 1947, § 75-611.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Instructions.

In a wrongful death action brought by the personal representative of the guest passenger of a deceased automobile driver, an instruction that violation of this section by the driver, if established by the evidence, could be considered by the jury in determining whether or not the driver was guilty of willful or wanton misconduct in the operation of the vehicle was properly refused, as it would have led the jury to the erroneous belief that such violation was evidence of willful and wanton misconduct. Shearer v. Newsom, 250 Ark. 33, 463 S.W.2d 642 (1971).

Negligence.

In action for personal injury, evidence that boy ran out of his home and into street some distance from intersection and that he ran in front of a truck and then in front of defendant's automobile, which was in the process of passing the truck, held not to show negligence, absent evidence of speeding or failure to keep a lookout, or that driver saw the boy as he darted past the truck in front of the automobile, or that driver did not apply brakes and stop the car as quickly as possible. Lowe v. Ivy, 204 Ark. 623, 164 S.W.2d 429 (1942).

In action for injuries sustained when defendant's truck started passing a bus and ran into plaintiff's car almost head on, evidence was sufficient to justify the jury, in a finding that the driver of the truck was negligent in failing to keep a proper lookout or in failing to observe the provisions of this section. Franklin v. Badinelli, 205 Ark. 265, 168 S.W.2d 397 (1943).

Collision with another vehicle proceeding in same direction, which occurred on or near bridge, held due to negligence in attempting to pass another vehicle while within 100 feet of a bridge. Nicholas v. Bingamon, 219 Ark. 748, 244 S.W.2d 782 (1952).

Driver of overtaking car was not guilty of negligence as a matter of law in attempting to pass slowly driven car at railroad intersection where driver of front car made left turn without indicating his intentions by manual signal. Hagan v. Knowles, 223 Ark. 590, 267 S.W.2d 514 (1954).

Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left, but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence and the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).

Proximate Cause.

An automobile driver's negligence in attempting to pass a truck ahead of him while descending a hill was held to be the sole proximate cause of a collision with an approaching truck. Universal Auto. Ins. Co. v. Denton, 185 Ark. 899, 50 S.W.2d 592 (1932) (decision under prior law).

Where the plaintiff was struck by a passing car at a point where there was no room for the car to pass without striking the plaintiff on account of the defendant's truck obstructing the highway, the causal connection between the defendant's negligence and the injury was not broken. Coca-Cola Bottling Co. v. McAnulty, 185 Ark. 970, 50 S.W.2d 577 (1932) (decision under prior law).

Violation.

At most, the violation of this section would be only evidence of negligence. Lowe v. Ivy, 204 Ark. 623, 164 S.W.2d 429 (1942).

27-51-308. Conditions when overtaking on right.

  1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
    1. When the vehicle overtaken is making or about to make a left turn;
    2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles in each direction; and
    3. Upon a one-way street or upon any roadway on which traffic is restricted to one (1) direction of movement where the roadway is free from obstructions and of sufficient width for two (2) or more lines of moving vehicles.
    1. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting this movement in safety.
    2. In no event shall this movement be made by driving off the pavement or main-traveled portion of the roadway.

History. Acts 1937, No. 300, § 59; Pope's Dig., § 6717; Acts 1959, No. 307, § 25; A.S.A. 1947, § 75-610.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Instructions.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-16-204, 27-16-206, 27-16-207, 27-51-201, 27-51-20827-51-211, and 27-51-306, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

Jury Questions.

Whether the curb lane of a four-lane street was part of the traveled portion of the street or of the “shoulder” within the meaning of this section when such lane was marked and divided into parking spaces with parking meters on the curb was a question of fact, and the finding of a jury in an automobile collision case for the driver attempting to pass in such lane a car ahead in the second lane from the curb indicated their conclusion that it was part of the roadway regularly used, absent parked vehicles. Moore v. Cook, 243 Ark. 502, 420 S.W.2d 905 (1967).

Negligence.

Where automobile stopped near the center of four-lane road at intersection with through highway, and truck intending to turn right on highway pulled to the right of the automobile near the edge of the road, and automobile, though its driver's view was obstructed by truck, drove across and was struck by another automobile traveling on through highway which had the right-of-way, driver of truck was not guilty of any negligence. Ozark Natural Gas Co. v. Moore, 201 Ark. 283, 144 S.W.2d 35 (1940).

27-51-309. Center left-turn lane.

  1. As used in this section, “center left-turn lane” means a center lane on any road or highway that is for the purpose of executing two-way left turns in either direction and that is so marked by signage or striping.
    1. A center left-turn lane shall be for the exclusive use of a left-turning vehicle in either direction.
    2. A center left-turn lane shall not be used for through travel, nor shall a center left-turn lane be used for passing or overtaking, except as a part of the left-turn maneuver.
  2. It is permissible for a vehicle making a left-hand turn from an intersecting street or driveway to utilize a center left-turn lane as part of the maneuver to gain access to or to merge into the traffic lanes, except that it is not permissible to use the center left-turn lane as an acceleration lane.

History. Acts 2001, No. 553, § 1.

27-51-310. Passing authorized vehicle stopped on highway — Definition.

  1. As used in this section, “authorized vehicle” means a vehicle that:
    1. Displays a flashing, revolving, or rotating blue, red, amber, amber and red, white, or green light; and
    2. Is one (1) of the following:
      1. An emergency response vehicle;
      2. A law enforcement vehicle;
      3. An Arkansas Department of Transportation vehicle;
      4. An Arkansas Department of Transportation contractor vehicle;
      5. A utility company vehicle; or
      6. A vehicle used in a towing operation as defined under § 27-51-904.
    1. Except as provided under subdivision (b)(2) of this section, the driver of a motor vehicle that is approaching an authorized vehicle that is stopped or parked on a street, road, or highway or on the shoulder of a street, road, or highway shall:
      1. Move to the farthest possible lane or position from the authorized vehicle;
      2. Remain in that lane or position until the driver passes the authorized vehicle; and
      3. Otherwise exercise due caution.
    2. If the driver determines that it is unsafe or not possible to change lanes as required under subdivision (b)(1) of this section, the driver shall:
      1. Reduce the motor vehicle's speed;
      2. Exercise due caution; and
      3. Maintain a reduced speed appropriate to the street, road, or highway and the conditions through the area where the authorized vehicle is stopped or parked.
    1. A person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned.
    2. In addition to the penalties prescribed in subdivision (c)(1) of this section, the court may order community service for not more than seven (7) days and may suspend the person's driver's license for a period of not less than ninety (90) days nor more than six (6) months.
  2. There is created a rebuttable presumption that shall arise in any criminal action under this section to the effect that if it can be proven that a person is the registered owner of a vehicle that is driven in a manner that violates this section, the person is presumed to have been the driver of the vehicle at the time of the violation.

History. Acts 2003, No. 1102, § 1; 2007, No. 1412, § 1; 2009, No. 483, § 5; 2013, No. 579, § 1; 2017, No. 707, § 351; 2019, No. 550, § 1.

Amendments. The 2009 amendment inserted “emergency or other traffic” following “involved in the” in (a)(1).

The 2013 amendment rewrote the section heading and (a); inserted present (b) and redesignated former (b) and (c) as present (c) and (d); substituted “A person” for “Any party” in (c)(1); and substituted “(c)(1)” for “(b)(1)(A)” in (c)(2).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2)(C) and (a)(2)(D).

The 2019 amendment, in (c)(1), substituted “two hundred fifty dollars ($250)” for “thirty-five dollars ($35.00)” and substituted “one thousand dollars ($1,000)” for “five hundred dollars ($500)”.

27-51-311. Overtaking a bicycle.

  1. The driver of a motor vehicle overtaking a bicycle proceeding in the same direction on a roadway shall exercise due care and pass to the left at a safe distance of not less than three feet (3') and shall not again drive to the right side of the roadway until safely clear of the overtaken bicycle.
    1. A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).
    2. A person who violates this section with the violation resulting in a collision causing death or serious physical injury to the person operating the overtaken bicycle shall be subject to a fine not to exceed one thousand dollars ($1,000) in addition to any other penalties prescribed by law.

History. Acts 2007, No. 681, § 1.

Subchapter 4 — Turning, Stopping, and Signaling

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., §§ 256-259, 268-270.

C.J.S. 60A C.J.S., Motor Veh., § 300 et seq.

27-51-401. Turning at intersections.

The driver of a vehicle intending to turn at an intersection shall do so as follows:

  1. Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway;
  2. The approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line of the road. After entering the intersection, the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered; and
    1. The approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right one-half (½) of the roadway nearest the center line and by passing to the right of the center line where it enters the intersection.
    2. A left turn from a one-way street into a two-way street shall be made by passing to the right of the center line of the street being entered upon leaving the intersection.

History. Acts 1937, No. 300, § 64; Pope's Dig., § 6722; A.S.A. 1947, § 75-615.

Case Notes

Jury Questions.

In a damage action growing out of a collision resulting when an automobile in the second lane from the curb attempted a right turn into a driveway and another behind it attempted to move into the curb lane preparatory to making a right turn at the intersection ahead, whether or not the driver of the rear car started her approach for a right turn too soon was a question for the jury. Moore v. Cook, 243 Ark. 502, 420 S.W.2d 905 (1967).

Negligence.

Where automobile stopped near the center of four-lane road at intersection with through highway and truck intending to turn right on highway pulled to the right of automobile near the edge of the road, and automobile, though its driver's view was obstructed by truck, drove across and was struck by another automobile traveling on through highway which had the right-of-way, driver of truck was not guilty of any negligence. Ozark Natural Gas Co. v. Moore, 201 Ark. 283, 144 S.W.2d 35 (1940).

Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence and the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).

Ordinances.

Section of city ordinance requiring vehicles approaching intersections to run beyond center of intersection before turning to the left and giving vehicle continuing on street in original direction right-of-way over vehicle approaching in opposite direction turning off was not inadmissible in evidence as in conflict with this section in action for injuries sustained in a collision between automobile making left turn and bus. Shipp v. Missouri Pac. Transp. Co., 197 Ark. 104, 122 S.W.2d 593 (1938).

27-51-402. Turning on curve or crest of grade prohibited.

No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet (500').

History. Acts 1937, No. 300, § 65; Pope's Dig., § 6723; A.S.A. 1947, § 75-616.

27-51-403. Signals for turning, stopping, changing lanes, or decreasing speed required.

  1. No person shall turn a vehicle from a direct course upon a highway unless and until the movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by the movement or after giving an appropriate signal in the manner provided in subsection (b) of this section in the event any other vehicle may be affected by the movement.
  2. A signal of intention to change lanes or to turn right or left shall be given continuously during not less than the last one hundred feet (100') traveled by the vehicle before changing lanes or turning.
  3. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this subchapter to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

History. Acts 1937, No. 300, § 67; Pope's Dig., § 6725; A.S.A. 1947, § 75-618; Acts 2007, No. 364, § 1.

Amendments. The 2007 amendment added “changing lanes” and made a minor punctuation change in the section heading; and in (b), inserted “change lanes or to” preceding “turn” and inserted “changing lanes or” preceding “turning.”

Case Notes

Application.

In a personal injury case, a trial court did not err by denying a driver's proffered jury instruction regarding a bicyclist's duty to signal prior to turning because this section did not apply to bicycles; therefore, the bicyclist did not have a duty to signal continuously for 100 feet. Sanson v. Allinson, 2014 Ark. App. 619, 447 S.W.3d 151 (2014).

Contributory Negligence.

The law of the road is that the automobile in front has the superior right to the use of the highway for the purpose of leaving it on either side, and a driver in the rear who fails to observe such rule, although driver in front failed to give signal, is guilty of contributory negligence. Jones v. King, 211 Ark. 1084, 204 S.W.2d 548 (1947).

Evidence of Negligence.

It is the duty of one driving a car, where there is another car following close behind him, to warn the approaching car of his intention to stop, and the sudden stopping without any notice to the driver of the car immediately behind is, if unexplained, negligence. Missouri Pac. Transp. Co. v. Sacker, 200 Ark. 92, 138 S.W.2d 371 (1940).

A violation of this section, while not conclusive of the issue, may be evidence of negligence on the part of the violator. Kisor v. Tulsa Rendering Co., 113 F. Supp. 10 (W.D. Ark. 1953).

It is the duty of a motorist if he knows, or by the exercise of ordinary care can know, that another car is close behind him to warn the approaching car by some appropriate signal or gesture of his intention to stop his car, and the sudden stopping of a car without any notice to the driver of the car immediately behind, if unexplained, is negligence. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954).

A violation of the requirements of this section is evidence of negligence. Reppeto v. Raymond, 172 F. Supp. 786 (W.D. Ark. 1959).

Violation of this section is only evidence of negligence, not negligence per se. Downs v. Reed, 247 Ark. 588, 446 S.W.2d 657 (1969).

Generally.

“May be affected” language means that a turn signal is not required if other traffic is not present. Similarly, this section has been interpreted to mean that other traffic must be present before the obligation to signal arises, with subsection (b) prescribing the manner of signaling if signaling is required by subsection (a) or (c); the Court of Appeals of Arkansas, Division Three, agrees with that interpretation. Mitchell v. State, 2012 Ark. App. 128 (2012).

Instructions.

In an action for death resulting from a collision of an automobile driven by the deceased with the defendant's truck, which made an abrupt left-hand turn without warning as the deceased's automobile was passing, an instruction that the driver of a vehicle should see that a turn could be made in safety and should give a signal visible to the driver of the other vehicle of his intent to make a turn was not erroneous as making the defendants insurers of the deceased's safety. Southwestern Bell Tel. Co. v. Balesh, 189 Ark. 1085, 76 S.W.2d 291 (1934) (decision under prior law).

There is no conflict between an instruction embodying this section and other sections concerning the manner of turning and changing lanes and the giving of signals in doing so and another instruction that instructs the jury that of two vehicles traveling in the same direction the one in front has the superior right to the use of the highway for the purpose of leaving it to enter intersecting roads or passageways. Wasson v. Warren, 245 Ark. 719, 434 S.W.2d 51 (1968).

Where the question of whether the deceased provided a proper turn signal was important in deciding the issue of defendants' negligence, repetition of the traffic rule in many contexts would not seem to be improper, and even though it would have been better had the judge not repeated the portion of his “rules-of-the-road” charge, the partial repetition of a few lines of a jury charge, which, in total, ran in excess of 30 pages of transcript, did not seem misleading nor did the record reflect undue emphasis. Dobson v. Bacon Transp. Co., 607 F.2d 805 (8th Cir. 1979).

Jury Questions.

Where the evidence is conflicting as to whether a person in a forward car gave the statutory left-hand turn signal, his alleged negligence is a question for the jury. Madison-Smith Cadillac Co. v. Lloyd, 184 Ark. 542, 43 S.W.2d 729 (1931).

Where truck driver testified that he took foot off accelerator and pushed in the clutch, thereby slowing down, but did not step on the brake and therefore did not light stop light, rather giving hand signals, and driver in rear testified that no signals were given and if signals had been given he could have stopped, evidence was sufficient to justify submission to the jury of question as to whether or not driver of truck stopped suddenly without giving the statutory signal to the driver of the vehicle immediately to his rear. A.S. Barboro & Co. v. James, 205 Ark. 53, 168 S.W.2d 202 (1943).

Where truck driver drove too close to a truck going the same direction and was unable to stop or prevent a collision when the front truck driver turned right without giving signal, the question of whether the negligence of the rear truck driver was the proximate cause of the collision was a question for the jury. Jones v. King, 211 Ark. 1084, 204 S.W.2d 548 (1947).

Where evidence indicating defendant's truck driver did not signal before turning left and into plaintiff's passing car was strongly denied by defendants, this was sufficient evidence to take the case to the jury under this section. Barr v. Matlock, 222 Ark. 260, 258 S.W.2d 540 (1953).

Where the plaintiff testified that she had stopped her car on the highway because of a skidding car out of control ahead of her and that she had been stopped only a few seconds when her car was struck from behind by the defendant's car, subsection (c) of this section could properly be considered by the jury in weighing the evidence, even though the defendant testified that he first observed the plaintiff's car stopped in his lane of traffic about 100 feet ahead of him but he did not apply his brakes until he was about six feet from it. Toney v. Miller, 268 Ark. 795, 597 S.W.2d 102 (Ct. App. 1980), overruled, Eisner v. Fields, 67 Ark. App. 238, 998 S.W.2d 421 (1999).

Motion to Suppress.

In a driving while intoxicated case, a motion to suppress was properly denied because an officer had probable cause to stop appellant for failing to use a turn signal, in violation of this section; there was a close enough question as to whether a vehicle in front of appellant was affected by the movement so as to justify the stop. Mitchell v. State, 2012 Ark. App. 128 (2012).

Defendant's motion to suppress was properly denied, because the officer had probable cause to believe that defendant had committed a traffic violation when the officer observed that defendant moved into a turn lane and made two turns without using a turn signal, as such actions may have affected another driver, in violation of this section. Murchison v. State, 2014 Ark. App. 379 (2014).

Ordinary Care.

Where driver of lead car suddenly saw a truck parked on shoulder extending partly onto the paved portion of her side of highway and oncoming traffic in other lane, began reducing speed of her car without looking in rear vision mirror to ascertain whether a vehicle was behind her, and did not give hand or arm signal to following car when obviously the reason for her failures was lack of time, the driver exercised ordinary care and under the conditions then existing was not guilty of contributory negligence in resulting accident. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954).

Where motorist reduced speed of her vehicle so as to permit vehicle in front of her to make left turn, and gave appropriate signal of her action as required by subsection (c) of this section, driver of vehicle overtaking motorist owes her the duty to use ordinary care to respect her signal and avoid colliding with her. Beaty v. Buckeye Fabric Finishing Co., 179 F. Supp. 688 (E.D. Ark. 1959).

Recovery Precluded.

Plaintiff's negligence in making a left turn in the path of the overtaking vehicle precluded him from recovery. Talley v. Morphis, 232 Ark. 91, 334 S.W.2d 652 (1960).

Sufficiency of Evidence.

The evidence warranted the jury in finding that the vehicle in which plaintiff was riding was immediately to the rear of defendant's truck at the time defendant's was stopped or suddenly slowed, thus requiring the driver of defendant's truck to give an appropriate signal of his intention to stop. Jones Truck Lines v. Argo, 237 F.2d 649 (8th Cir. 1956).

Where defendant driving truck towing second truck being steered by second defendant was proceeding north on highway and attempted to make left turn causing third defendant who was proceeding south on the highway to pull toward his left to avoid colliding with trucks and in so doing colliding with plaintiff's automobile, there was sufficient evidence to show that defendant steering towed vehicle was negligent in failing to give left turn signal, which negligence was the proximate cause of the accident. Pilgrim v. Joyner, 234 Ark. 945, 355 S.W.2d 616 (1962).

The evidence that a person negligently crossed the center line of highway in making a left-hand turn near the crest of a hill without giving any signal, when her view of approaching traffic was unobstructed for three-fourths of a mile and that of a driver approaching from the opposite direction was limited to approximately 100 feet, was sufficient to support the finding that she was 60% negligent and the other driver 40%. Hicks v. Hall, 253 Ark. 103, 484 S.W.2d 696 (1972).

Cited: Butler v. Dowdy, 304 Ark. 481, 803 S.W.2d 534 (1991).

27-51-404. Signals to stop or turn.

  1. Any stop or turn signal when required in this subchapter shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) of this section.
  2. Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle exceeds twenty-four inches (24") or when the distance from the center of the top of the steering post to the rear limit of the body or load exceeds fourteen feet (14'). The latter measurement shall apply to any single vehicle and also to any combination of vehicles.

History. Acts 1937, No. 300, § 68; Pope's Dig., § 6726; Acts 1957, No. 216, § 1; A.S.A. 1947, § 75-619.

Case Notes

Constitutionality.

Former Acts 1951, No. 151, which purported to amend this section and which required vehicles of a certain construction and load to have signal devices but which exempted certain vehicles including “small farm vehicles” from its provisions, was unconstitutional and void. State v. Bryant, 219 Ark. 313, 241 S.W.2d 473 (1951).

Instructions.

Where an instruction to a jury embodying this section and also part of an unconstitutional act was favorable to defendants, the defendants could not complain of the instruction, since it was more favorable to them and was justified. Barr v. Matlock, 222 Ark. 260, 258 S.W.2d 540 (1953).

There is no conflict between an instruction embodying this section and other sections concerning the manner of turning and changing lanes and the giving of signals in doing so and another instruction that instructs the jury that of two vehicles traveling in the same direction the one in front has the superior right to the use of the highway for the purpose of leaving it to enter intersecting roads or passageways. Wasson v. Warren, 245 Ark. 719, 434 S.W.2d 51 (1968).

Jury Questions.

Where truck driver testified that he took foot off accelerator and pushed in the clutch, thereby slowing down, but did not step on the brake and therefore did not light stop light, rather giving hand signals, and driver in rear testified that no signals were given and if signals had been given he could have stopped, evidence was sufficient to justify submission to the jury of question as to whether or not driver of truck stopped suddenly without giving the statutory signal to the driver of the vehicle immediately to his rear. A.S. Barboro & Co. v. James, 205 Ark. 53, 168 S.W.2d 202 (1943).

Proximate Cause.

Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left, but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence and the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).

Sufficiency of Evidence.

The evidence that a person negligently crossed the center line of highway in making a left-hand turn near the crest of a hill without giving any signal, when her view of approaching traffic was unobstructed for three-fourths of a mile and that of a driver approaching from the opposite direction was limited to approximately 100 feet, was sufficient to support the finding that she was 60% negligent and the other driver 40%. Hicks v. Hall, 253 Ark. 103, 484 S.W.2d 696 (1972).

27-51-405. Hand and arm signals.

All signals required in this subchapter to be given by hand and arm shall be given from the left side of the vehicle in the following manner and these signals shall be indicated as follows:

  1. Left turn — Hand and arm extended horizontally;
  2. Right turn — Hand and arm extended upward; and
  3. Stop or decrease of speed — Hand and arm extended downward.

History. Acts 1937, No. 300, § 69; Pope's Dig., § 6727; A.S.A. 1947, § 75-620.

Subchapter 5 — Intersections

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

Ark. L. Rev.

Torts — Negligence — Crossing of Intersections, 7 Ark. L. Rev. 413.

C.J.S. 60A C.J.S., Motor Veh., § 350(1) et seq.

27-51-501. Vehicles approaching or entering intersection.

  1. The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
  2. When two (2) vehicles enter an intersection from different highways at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
  3. The foregoing rules are modified at through highways and otherwise as stated in this subchapter.

History. Acts 1937, No. 300, § 70; Pope's Dig., § 6728; A.S.A. 1947, § 75-621.

Case Notes

Negligence.

Motorist who approached intersection at from 30 to 35 miles per hour and drove into the intersection in front of a car on his right without slowing speed or attempting to stop was guilty of negligence precluding recovery. Connor v. Coughlin, 192 Ark. 528, 92 S.W.2d 380 (1936).

Cited: Glover v. Dixon, 285 Ark. 140, 688 S.W.2d 930 (1985).

27-51-502. Vehicle turning left at intersection.

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to all vehicles approaching from the opposite direction which are within the intersection or so close thereto as to constitute an immediate hazard. The driver, after having so yielded and having given a signal when and as required by this chapter, may make the left turn after all other vehicles approaching the intersection which constitute an immediate hazard shall have cleared the intersection.

History. Acts 1937, No. 300, § 71; Pope's Dig., § 6729; Acts 1975, No. 626, § 1; A.S.A. 1947, § 75-622.

Case Notes

Jury Instructions.

AMI Civil 3d, § 903, incorporates this section. Druckenmiller v. Cluff, 316 Ark. 517, 873 S.W.2d 526 (1994).

Ordinances.

Sections of city ordinance requiring vehicles approaching intersections to run beyond center of intersection before turning to the left and giving vehicle continuing on street in original direction right-of-way over vehicle approaching in opposite direction turning off was not inadmissible in evidence as in conflict with this section in action for injuries sustained in a collision between automobile making left turn and bus. Shipp v. Missouri Pac. Transp. Co., 197 Ark. 104, 122 S.W.2d 593 (1938).

Proximate Cause.

Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left, but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence and the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).

27-51-503. Vehicle or streetcar entering stop or yield intersection.

  1. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized by law.
  2. Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle and every operator of a streetcar approaching a stop intersection indicated by a stop sign shall stop as required by § 27-51-601, and after having stopped, shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard. The driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding.
    1. The driver of a vehicle or the operator of a streetcar approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions, or shall stop if necessary as provided in § 27-51-601, and shall yield the right-of-way to any pedestrian legally crossing the roadway on which he or she is driving. The driver shall also yield to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. A driver having so yielded may proceed, and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding.
    2. If a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his or her failure to yield right-of-way.

History. Acts 1937, No. 300, § 72; Pope's Dig., § 6730; Acts 1959, No. 307, § 27; A.S.A. 1947, § 75-623.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Research References

ALR.

Res ipsa loquitur as applied to accident resulting from wheel or part thereof becoming detached from motor vehicle. 79 A.L.R.3d 346.

Case Notes

Evidence of Negligence.

Where automobile stopped near the center of four-lane road at intersection with through highway and truck intending to turn right on highway pulled to the right of automobile near the edge of the road and automobile, though its driver's view was obstructed by truck, drove across and was struck by another automobile traveling on through highway which had the right-of-way, driver of truck was not guilty of any negligence; rather, automobile driver was guilty of negligence in violation of this section. Ozark Natural Gas Co. v. Moore, 201 Ark. 283, 144 S.W.2d 35 (1940).

Violation of subsection (b) of this section does not constitute negligence but is only evidence of negligence to be considered by the jury. Bridgforth v. Vandiver, 225 Ark. 702, 284 S.W.2d 623 (1955).

Instructions.

Where instruction does not contain the exact language of this section, but the meaning is essentially the same and the obvious purpose of both the statute and the instruction is to help the less-favored driver to get completely across the intersection without having a wreck, it is not error for trial court to give the instruction. Lawson v. Stephens, 241 Ark. 407, 407 S.W.2d 917 (1966).

Where defendant objected to instruction pertaining to drivers approaching stop sign at intersection and cited statute had been superseded and did not pertain to stop sign situation, objections could not be sustained. Lawson v. Stephens, 241 Ark. 407, 407 S.W.2d 917 (1966).

Where court refused to give instruction which, in essence, would have put a duty on the favored driver on the through highway to keep a lookout and not to assume due care on the part of the unfavored driver and jury was charged to the same effect in two other instructions, the instruction was superfluous and the refusal was not error. Lawson v. Stephens, 241 Ark. 407, 407 S.W.2d 917 (1966).

Right-of-Way.

Person entering intersection first without any negligence is entitled to right-of-way. Menser v. Danner, 219 Ark. 130, 240 S.W.2d 652 (1951).

Through Highways.

In order to have a through highway at any particular intersection, there must be erected a stop sign at the entrance of the intersection on the highway approaching the through highway. Watkins v. Bright, 225 Ark. 879, 286 S.W.2d 333 (1956).

Cited: Sander v. Kristof, 349 F. Supp. 103 (W.D. Ark. 1972); Lambert v. Markley, 255 Ark. 851, 503 S.W.2d 162 (1973).

Subchapter 6 — Stops and Yielding

Cross References. Military forces, right-of-way, § 12-62-409.

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., §§ 236-255, §§ 268-270.

C.J.S. 60A C.J.S., Motor Veh., § 274 et seq.

27-51-601. Stop signs and yield signs.

  1. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized by law.
  2. Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the intersection roadway.
    1. Every stop sign shall bear the word “STOP” in letters not less than eight inches (8") in height.
    2. Every yield sign shall bear the word “YIELD” in letters not less than seven inches (7") in height.
    3. Every stop sign and every yield sign shall at nighttime be rendered luminous by internal illumination or by a floodlight projected on the face of the sign or by efficient reflecting elements in the face of the sign.
  3. Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle and every operator of a streetcar approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver or operator shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
  4. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection. In the event there is no crosswalk, the driver shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

History. Acts 1937, No. 300, § 88; Pope's Dig., § 6745; Acts 1959, No. 307, § 31; A.S.A. 1947, § 75-645.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Through Highways.

In order to have a through highway at any particular intersection, there must be erected a stop sign at the entrance of the intersection on the highway approaching the through highway. Watkins v. Bright, 225 Ark. 879, 286 S.W.2d 333 (1956).

Cited: Ferrell v. Whittington, 271 Ark. 750, 610 S.W.2d 572 (1981).

27-51-602. Stop before driving across sidewalk.

When in a business or residential district and emerging from an alley, driveway, or building, the driver of a vehicle shall stop the vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alleyway or private driveway.

History. Acts 1937, No. 300, § 89; Pope's Dig., § 6746; A.S.A. 1947, § 75-646.

27-51-603. Yield on entering highway from private road.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.

History. Acts 1937, No. 300, § 73; Pope's Dig., § 6731; A.S.A. 1947, § 75-624.

Case Notes

Duty to Lookout.

Driver of truck about to enter highway from private driveway was under a duty to keep a proper lookout. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

Instructions.

An instruction that the mere happening of an accident is not of itself evidence of negligence, even though there was uncontradicted proof that defendant had been negligent by failing to yield the right-of-way while pulling his vehicle from a private driveway into a public street, was not erroneous. Helton v. Missouri Pac. R.R., 260 Ark. 342, 538 S.W.2d 569 (1976).

Trial court should not have instructed the jury on comparative fault under § 16-64-122 in appellant's action for damages resulting from a car accident because appellee was required to yield the right of way under this section and appellant did not have a duty to anticipate his failure to yield. The fact that appellant allegedly admitted fault by stating that she was looking for a parking spot was irrelevant as she had no duty; rather it was appellee's duty to avoid the accident resulting from appellant hit appellee's car as he was backing out of a driveway onto the highway on which appellant was traveling. Bell v. Misenheimer, 102 Ark. App. 389, 285 S.W.3d 693 (2008), rev'd, 2009 Ark. 222, 308 S.W.3d 120 (2009).

Negligence.

A driver who enters a highway without first keeping a proper lookout for vehicles that might be traveling thereon is guilty of negligence. Sunday v. Burk, 172 F. Supp. 722 (W.D. Ark. 1959).

Driver guilty of negligence in entering upon highway from a private road without keeping a proper lookout for vehicle approaching on highway. Kelly v. United States, 230 F. Supp. 118 (W.D. Ark. 1964).

No Recovery.

Where trial judge heard parties testify and reached the conclusion that the contributory negligence of the parties was equal, neither party could recover against the other. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

27-51-604. Additional penalties.

  1. The penalties under this section may be in addition to the penalties provided under § 27-50-301 et seq. and the Arkansas Criminal Code, § 5-1-101 et seq.
  2. A person who is found guilty of, pleads guilty to, or pleads nolo contendere to a violation under this subchapter where the violation resulted in the injury of another person may be fined two hundred dollars ($200) and may have his or her driver's license, permit, or nonresident operating privilege suspended for a minimum of thirty (30) days.
  3. A person who is found guilty of, pleads guilty to, or pleads nolo contendere to a violation under this subchapter where the violation resulted in the serious bodily injury of another person may be fined five hundred dollars ($500) and may have his or her driver's license, permit, or nonresident operating privilege suspended for a minimum of ninety (90) days.
  4. A person who is found guilty of, pleads guilty to, or pleads nolo contendere to a violation under this subchapter where the violation results in the death of another person may be fined one thousand dollars ($1,000) and may have his or her driver's license, permit, or nonresident operating privilege suspended for a minimum of one hundred eighty (180) days.

History. Acts 2005, No. 2143, § 1.

Subchapter 7 — Railroad Grade Crossings

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1963, No. 254, § 5: Mar. 18, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that many lives and considerable property damage results from persons failing to exercise due care at hazardous railroad crossings in this state, and that immediate steps should be taken to establish means of identifying such hazardous crossings, erect proper warning signs thereat and provide penalties for violation thereof. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

27-51-701. Penalty generally.

Any person who violates any of the provisions of this subchapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) and not more than two hundred dollars ($200).

History. Acts 1951, No. 182, § 4; A.S.A. 1947, § 75-639.1.

27-51-702. Obedience to signals at crossings required.

  1. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, then the driver of the vehicle shall stop within fifty feet (50') but not less than fifteen feet (15') from the nearest rail of such railroad and shall not proceed until he or she can do so safely. These requirements shall apply when:
    1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;
    2. A crossing gate is lowered or a human flagger gives or continues to give a signal of the approach or passage of a railroad train;
    3. A railroad train approaching within approximately one thousand five hundred feet (1,500') of the highway crossing emits a signal audible from such distance and the railroad train, by reason of its speed or nearness to the crossing, is an immediate hazard; and
    4. An approaching railroad train is plainly visible and is in hazardous proximity to the crossing.
  2. No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

History. Acts 1937, No. 300, § 84; Pope's Dig., § 6742; Acts 1951, No. 182, § 1; 1959, No. 307, § 28; A.S.A. 1947, § 75-637.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Duties of Drivers.

Where automatic blinker signals and bells are operating when vehicles approach a railroad crossing, it is the driver's duty to stop and not proceed until he can do so safely. Missouri Pac. R.R. v. Yandell, 209 Ark. 569, 191 S.W.2d 592 (1946).

The duty of train operators to give warning of their approach and to keep a lookout for vehicles is equal with the duty of vehicle operators to keep a lookout for trains upon approaching railroad tracks, which historically have been described by the courts as in themselves warnings of danger. Overstreet v. Missouri Pac. R.R., 195 F. Supp. 542 (W.D. Ark. 1961).

The statutory duty to stop does not become applicable unless the railroad train emits an audible signal from a distance of not less than 1500 feet of the crossing or unless the train is plainly visible. Scoville v. Missouri Pac. R.R., 458 F.2d 639 (8th Cir. 1972).

Evidence of Negligence.

Plaintiff's contention that defendant was negligent in not having a flagman at a crossing was rejected where there was nothing to show what more a “human flagman” could have done than was being done by the traffic control bells and by the flashing red signal lights with the admonition “Stop on Red Signal” in blazing color immediately under the lights. Overstreet v. Missouri Pac. R.R., 195 F. Supp. 542 (W.D. Ark. 1961).

Plaintiff failed to establish negligence of railroad company where the testimony was undisputed that signal lights and signal bells were operating; where the testimony overwhelmingly established that the train whistle was sounding and that the train bell was continuously ringing; where no one testified that the train running at 22 miles per hour was traveling at an unusually high or excessive rate of speed; where there was nothing to prevent plaintiff and the driver of the automobile from seeing the signal lights in ample time for the car to have been stopped; where plaintiff testified that she was not looking at the signal lights; where the train engineer and fireman testified that they were keeping a proper lookout; where both plaintiff and the driver of the automobile were familiar with the crossing; where all other motor vehicle operators who testified stated that the approach of the train was very evident; and where, notwithstanding these facts, the driver of the automobile proceeded to the track. Overstreet v. Missouri Pac. R.R., 195 F. Supp. 542 (W.D. Ark. 1961).

Evidence that railroad was negligent in failing to give statutory signal and maintaining an extra hazardous crossing, which caused train to collide with decedent's car, was sufficient for jury to have awarded damages for wrongful death. Scoville v. Missouri Pac. R.R., 458 F.2d 639 (8th Cir. 1972).

Instructions.

An instruction setting out a safety regulation of the Interstate Commerce Commission was not prejudicial to the plaintiff in a railroad crossing accident case, since the duty imposed by that regulation upon plaintiff's decedent was less than that imposed by this section. Bussell v. Missouri Pac. R.R., 237 Ark. 812, 376 S.W.2d 545 (1964).

There was no error in refusing an instruction on this section where two other instructions adequately presented the theory on the issue of a motorist's duty to stop at a railroad crossing. Missouri Pac. R.R. v. Harelson, 238 Ark. 452, 382 S.W.2d 900 (1964).

27-51-703. Certain vehicles to stop at all crossings — Exceptions.

  1. The driver of any motor vehicle carrying passengers for hire, any school bus carrying any school child, or any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo before crossing at grade any tracks of a railroad shall stop the vehicle within fifty feet (50') but not less than fifteen feet (15') from the nearest rail of the railroad and, while so stopped, shall listen and look in both directions along the track for any approaching train and for signals indicating that approach of a train, except as provided, and shall not proceed until he or she can do so safely. After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in the gear of the vehicle in which there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the tracks.
  2. No stop need be made at any such crossing where a police officer or a traffic control signal directs traffic to proceed.
  3. This section shall not apply at street railway grade crossings within a business or residential district.

History. Acts 1937, No. 300, § 86; Pope's Dig., § 6743; Acts 1951, No. 182, § 2; 1959, No. 307, § 29; A.S.A. 1947, § 75-638.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

27-51-704. Trucks carrying explosives or flammable liquids.

  1. The operator of any truck carrying any explosive substances or flammable liquids or gases as a cargo or part of a cargo shall, before crossing any railroad tracks, stop the vehicle within fifty feet (50') but not less than fifteen feet (15') from the nearest railroad and while stopped shall open the door of the truck on the driver's side or roll down the window at least twelve inches (12") in order to remove any obstruction of the sound of a train whistle. He or she shall also listen and look in both directions along the track for any approaching train or signals indicating the approach of a train and shall proceed to cross the tracks only after he or she has determined that it is safe to do so.
    1. Any operator of a truck who fails to comply with the provisions of this section shall be guilty of a misdemeanor.
        1. Upon a first conviction, the operator shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300).
        2. In addition, the chauffeur's license of the operator shall be suspended for a period of thirty (30) days.
        1. For a second offense, the operator shall be fined not less than one hundred dollars ($100) nor more than three hundred dollars ($300).
        2. In addition, that person's chauffeur's license shall be suspended for a period of one (1) year.

History. Acts 1975, No. 878, §§ 1, 2; A.S.A. 1947, §§ 75-638.1, 75-638.2.

27-51-705. Moving heavy equipment at crossings.

  1. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of up to ten miles per hour (10 m.p.h.) or a vertical body or load clearance of less than one-half inch (½") per foot of the distance between any two (2) adjacent axles or, in any event, of less than nine inches (9"), measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with this section.
  2. Notice of any intended crossing shall be given to a station agent of the railroad, and a reasonable time shall be given to the railroad to provide proper protection at the crossing.
  3. Before making any crossing, the person operating or moving any such vehicle or equipment shall first stop it not less than fifteen feet (15') nor more than fifty feet (50') from the nearest rail of the railroad. While stopped that person shall listen and look in both directions along the tracks for any approaching train and for signals indicating the approach of a train and shall not proceed until the crossing can be made safely.
    1. No crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car.
    2. If a flagger is provided by the railroad, movement over the crossing shall be under his or her direction.

History. Acts 1937, No. 300, § 87; Pope's Dig., § 6744; Acts 1951, No. 182, § 3; 1959, No. 307, § 30; A.S.A. 1947, § 75-639.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Equipment.

A lowboy semitrailer comes within the definition of “any equipment” as used in subsection (a) of this section. Saint Louis S.W. Ry. v. Pierce, 68 F.3d 276 (8th Cir. 1995).

27-51-706. Designation of particularly dangerous crossings.

  1. The State Highway Commission and local authorities, with the approval of the commission, are authorized to designate particularly dangerous state highway grade crossings of railroads and to erect stop signs there.
  2. When stop signs are erected, the driver of any vehicle shall stop within fifty feet (50') but not less than ten feet (10') from the nearest rail of the railroad and shall proceed only upon exercising due care.
  3. Any person, owner, or driver of any automobile, truck, motorcycle, or other motor-driven vehicle violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).
  4. This section shall be cumulative to the other laws of this state and shall not repeal any laws or parts of laws except where specifically in conflict with this section.

History. Acts 1963, No. 254, §§ 1-4; A.S.A. 1947, §§ 75-665 — 75-667, 75-667n.

Subchapter 8 — Streetcars

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

27-51-801. Passing streetcar on left.

  1. The driver of a vehicle shall not overtake and pass upon the left nor drive upon the left side of any streetcar proceeding in the same direction, whether the streetcar is actually in motion or temporarily at rest, except:
    1. When so directed by a police officer;
    2. When upon a one-way street; or
    3. When upon a street where the tracks are so located as to prevent compliance with this section.
  2. The driver of any vehicle, when permitted to overtake and pass upon the left of a streetcar which has stopped for the purpose of receiving or discharging any passenger, shall reduce speed and may proceed only upon exercising due caution for pedestrians and shall accord pedestrians the right-of-way when required by other sections of this chapter.

History. Acts 1937, No. 300, § 80; Pope's Dig., § 6738; A.S.A. 1947, § 75-633.

27-51-802. Passing streetcar on right.

The driver of a vehicle overtaking upon the right any streetcar stopped or about to stop for the purpose of receiving or discharging any passenger shall stop the vehicle at least five feet (5') to the rear of the nearest running board or door of the streetcar and thereupon remain standing until all passengers have boarded the car or, upon alighting, have reached a place of safety. However, where a safety zone has been established, a vehicle need not be brought to a stop before passing any streetcar but may proceed past such car at a speed not greater than is reasonable and proper and with due caution for the safety of pedestrians.

History. Acts 1937, No. 300, § 81; Pope's Dig., § 6739; A.S.A. 1947, § 75-634.

27-51-803. Driving on streetcar tracks.

  1. The driver of any vehicle proceeding upon any streetcar track in front of a streetcar upon a street shall remove the vehicle from the track as soon as practical after signal from the operator of the streetcar.
  2. When a streetcar has started to cross an intersection, no driver of a vehicle shall drive upon or cross the car tracks within the intersection in front of the streetcar.
  3. The driver of a vehicle upon overtaking and passing a streetcar shall not turn in front of the streetcar so as to interfere with or impede its movement.

History. Acts 1937, No. 300, § 82; Pope's Dig., § 6740; A.S.A. 1947, § 75-635.

Subchapter 9 — Emergency Vehicles

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., §§ 244, 250.

C.J.S. 60A C.J.S., Motor Veh., § 371 et seq.

27-51-901. Operation of vehicles and streetcars on approach of authorized emergency vehicles.

    1. Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
    2. Upon conviction of violating subdivision (a)(1) of this section, a person is subject to a fine not to exceed four hundred dollars ($400).
  1. Upon the approach of an authorized emergency vehicle, as stated in subsection (a) of this section, the operator of every streetcar shall immediately stop the car clear of any intersection and keep it in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
  2. This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

History. Acts 1937, No. 300, § 74; Pope's Dig., § 6732; A.S.A. 1947, § 75-625; Acts 2007, No. 338, § 1.

Amendments. The 2007 amendment added (a)(2) and made a related change.

Case Notes

Driver of Emergency Vehicle.

The driver of an emergency vehicle is held to a standard of ordinary care. City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).

Instructions.

Where police officer was injured while operating a police motorcycle and brought an action to recover for personal injuries sustained, the submission to the jury of instructions with respect to law applicable to emergency vehicles, though the only signal being given was a blowing of a horn by the police officer, was prejudicial error, even though comparative negligence, on which the court also submitted an instruction, was the basis of the jury verdict in the police officer's favor. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).

Police Motorcycles.

A police motorcycle was not “authorized emergency vehicle” within the meaning of this section where the only signal being given by the police officer on the cycle was a blowing of the horn, regardless of fact that he was responding to another officer's call for assistance. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).

Cited: Gookin v. Locke, 240 Ark. 1005, 405 S.W.2d 256 (1966); Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967); Sherman v. State, 326 Ark. 153, 931 S.W.2d 417 (1996).

27-51-902. Following fire apparatus.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

History. Acts 1937, No. 300, § 98; Pope's Dig., § 6755; A.S.A. 1947, § 75-655.

27-51-903. Crossing unprotected fire hose prohibited.

No streetcar or vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private driveway, or streetcar track to be used at any fire or alarm of fire without the consent of the fire department official in command.

History. Acts 1937, No. 300, § 99; Pope's Dig., § 6756; A.S.A. 1947, § 75-656.

27-51-904. Towing operations.

  1. As used in this section, “towing operation” means an activity on the highway or roadway that involves one (1) or more tow trucks at an accident scene or involves an inoperable vehicle.
  2. The driver of a motor vehicle that is approaching a towing operation on a highway or roadway shall:
    1. Move when possible into the farthest lane or position from the towing operation;
    2. Remain in that lane or position until the driver passes the towing operation; and
    3. Otherwise exercise due caution.
  3. A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation.

History. Acts 2007, No. 626, § 1.

27-51-905. Use of flashing emergency lights — Definition.

    1. All of the following shall be equipped with red rotating or flashing emergency lights:
      1. Motor vehicles used by state, county, city, or municipal fire departments;
      2. Motor vehicles owned and used by volunteer firefighters while engaged in official duties;
      3. Motor vehicles used by emergency medical services personnel licensed by the Department of Health or privately owned fire departments; and
      4. Ambulances used solely for ambulance purposes that are approved as ambulances in accordance with state and federal highway safety standards.
    2. Flashing emergency lights shall be used by volunteer firefighters solely while engaged in the performance of duties as volunteer firefighters and by emergency medical services personnel solely while engaged in the performance of duties with an ambulance service licensed by the department or an organized rescue squad or team.
    1. As used in this section, “hazardous service vehicle” means:
      1. A motor vehicle owned by a state, county, or municipal agency, the use of which is determined by the agency to be required for dangerous or hazardous service; and
      2. A motor vehicle owned by a public service corporation or by a private individual, the use of which is determined by the Office of Motor Vehicle, in accordance with rules established by the office to prevent abuses thereof, to be used for hazardous service.
      1. A hazardous service vehicle may be equipped with amber flashing or rotating emergency or warning lights that shall display its amber flashing or rotating emergency or warning lights during hazardous use in order that other motorists and the public are aware of the hazardous use of the vehicle and exercise caution when approaching the vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation.
      2. Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle as an emergency vehicle or a hazardous service vehicle.
    2. All hazardous service vehicles shall conform to regular traffic signals and speed limits during their operation.
    1. A motor vehicle used as a wrecker or tow vehicle permitted or licensed under § 27-50-1203 may be equipped with amber flashing or rotating emergency or warning lights that shall be displayed only during hazardous use in order that other motorists and the public are aware of the special or hazardous use of the wrecker or tow vehicle and exercise caution in approaching the wrecker or tow vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation.
    2. Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle used as a wrecker or tow vehicle as an emergency vehicle.
      1. Red flashing or rotating emergency or warning lights on a motor vehicle used as a wrecker or tow vehicle shall be operated only while the wrecker or tow vehicle is stopped on or within ten feet (10') of a public way and engaged in recovery or loading and hooking up an abandoned, unattended, disabled, or wrecked vehicle.
      2. A wrecker or tow vehicle shall not operate forward-facing red flashing or rotating emergency or warning lights while underway, except as may be expressly authorized or required by law otherwise.
  1. It is unlawful to install, operate, or use any rotating or flashing light on any motor vehicle except as authorized in this section.

History. Acts 1937, No. 300, § 2; Pope's Dig., § 6660; Acts 1973, No. 155, § 1; A.S.A. 1947, § 75-402; Acts 1993, No. 1010, § 2; 1995, No. 123, § 2; 1995, No. 753, § 1; 2007, No. 1412, § 3; 2009, No. 689, § 20; 2011, No. 780, § 4; 2017, No. 448, § 39.

Publisher's Notes. The subject matter of this section was formerly codified as § 27-49-219(d).

Case Notes

Constitutionality.

Former definition of “authorized emergency vehicle”, insofar as it authorized the chief of police of a city to designate ambulances and other vehicles as emergency vehicles, was unconstitutional as it failed to set standards to guide the chief of police in exercising such authority. Walden v. Hart, 243 Ark. 650, 420 S.W.2d 868 (1967) (decision prior to 1973 amendment).

Emergency Vehicles.

The mere fact that there was a police custom of calling a private ambulance at certain periods and that they treated such ambulances transporting a patient as emergency vehicles would not constitute any presumption that these ambulances had been so “designated or authorized” as required by former provisions. Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967) (decision prior to 1973 amendment).

27-51-906. Police vehicle exceptions.

  1. An authorized emergency vehicle operated as a police vehicle is not required to operate the vehicle's siren or flashing lights when the emergency vehicle is responding to an emergency call or when in pursuit of an actual or suspected violator if the emergency vehicle is being used to:
    1. Obtain evidence of a speeding violation;
    2. Respond to a suspected crime in progress when use of an audible or visual signal could result in the destruction of evidence or escape of a suspect; or
    3. Conduct surveillance of a vehicle or the passengers of a vehicle who are suspected of involvement in a crime.
  2. This section does not relieve the driver of an authorized emergency vehicle operated as a police vehicle from:
    1. The duty to drive with regard for the safety of all persons using the street; or
    2. Any legal consequence resulting from a reckless disregard of the safety of others.

History. Acts 2017, No. 793, § 4.

Subchapter 10 — School Buses

Cross References. Use of officially designated school bus colors or words “school bus” unlawful, § 27-50-310.

Effective Dates. Acts 1973, No. 579, § 3: Apr. 3, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirements regarding the installation and operation, and other specifications for flasher lights on school buses prescribed in subsection (c) of Section 1 of Act 356 of 1953 are not appropriate with respect to all buses to which such requirements are applicable and that it is in the best interests of the State of Arkansas and the public schools of this State that the requirements for flasher lights on school buses be prescribed by regulation of the State Board of Education rather than by statutory law; and that this Act is immediately necessary to remove such statutory requirements and to specifically authorize the State Board of Education to prescribe the requirements for flasher lights on school buses. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 255, § 4: Feb. 24, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the safety of thousands of school children who must ride buses to school is largely dependent upon compliance with the law requiring motorists to come to a complete stop while school children are entering and leaving a school bus; and it is further found that the adequate enforcement of the school bus laws and the ability of motorists to comply with said laws is dependent upon school buses being adequately marked and displaying the necessary flasher lights and upon said lights being operated while loading or discharging school children; and it is further found that an amendment to subsection (c) of Section 1 of Act 356 of 1953 omitted the requirement that said lights be operating at all times while buses are loading or discharging school children, and that said requirement should be included in the law; and it is further found that the current minimum fine ($10.00) for violation of any of the provisions of Act 356 of 1953, as amended, is less than most witnesses would lose in wages to appear in court and testify against a violator of said provisions, and that said minimum fine should be increased; and, that the immediate passage of this Act is necessary to encourage compliance with Act 356 of 1953, as amended, for the remainder of the current school year. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 243, § 4: Feb. 24, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that current wording in the law makes it unclear that vehicles encountering a school bus stopped at traffic control devices and not discharging or receiving passengers may proceed through the intersection; that as a result of this confusion, enforcement of this provision has proven difficult; that literal enforcement of the current law would result in an absurdity; therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 269.

C.J.S. 60A C.J.S., Motor Veh., § 396(3).

27-51-1001. Penalty.

        1. Except as provided in subsection (d) of this section and § 27-51-1004(c), a person who violates the provisions of this subchapter shall upon conviction be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) or confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned.
        2. In addition to the penalties so prescribed, the court may order community service for not more than four hundred (400) hours and shall suspend the person's driver's license for a period of not less than twenty-one (21) days nor more than one (1) year.
      1. There is hereby created a rebuttable presumption that shall arise in any criminal action under this subchapter to the effect that if it can be proven that a person is the registered owner of a vehicle that is driven in a manner which violates the provisions of this subchapter, the person is presumed to have been the driver of the vehicle at the time of the violation.
    1. If death results to any person, caused either directly or indirectly by noncompliance with or violation of any of the provisions of this subchapter, the offending party shall be punished as is provided by law.
  1. In a proceeding for a violation of this subchapter, proof that the particular vehicle described in the citation, complaint, or warrant was in violation of this subchapter, together with proof that the defendant named in the citation, complaint, or warrant was at the time of the violation a registered owner of the vehicle, shall constitute in evidence a justifiable inference that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.
  2. A photograph or video recorded by an automated school bus safety camera authorized by § 6-19-131:
    1. Is admissible as evidence in a criminal or civil proceeding to the extent permitted by the rules of evidence of this state; and
    2. Is not required for the prosecution of a violation of an offense under this subchapter.
  3. A person who violates the provisions of § 27-51-1004 shall be fined not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500).

History. Acts 1953, No. 356, § 4; 1975, No. 255, § 2; 1985, No. 1078, § 1; A.S.A. 1947, § 75-659; Acts 1999, No. 1516, § 1; 2005, No. 2128, § 3; 2017, No. 398, § 2; 2019, No. 166, §§ 1, 2.

A.C.R.C. Notes. Acts 2005, No. 2128, § 1, provided: “This act shall be known and may be cited as ‘Isaac's Law’.”

Amendments. The 2017 amendment added (c).

The 2019 amendment, in (a)(1)(A)(i), substituted “Except as provided in subsection (d) of this section and § 27-51-1004(c), a person” for “Any party”; added (d); and made a stylistic change.

27-51-1002. Specifications for identification and safety devices.

    1. All vehicles used for the transportation of pupils to or from any school shall have a sign on the front and on the rear of the vehicle showing the words “SCHOOL BUS”, and the words shall be plainly readable in letters not less than eight inches (8") in height.
    2. When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating “SCHOOL BUS” shall be covered or concealed.
  1. Every school bus shall be in the color officially designated by the State Board of Education.
      1. The board is vested with full authority and responsibility to prescribe by rule the number and location and other specifications for alternating red warning lights on school buses operated in this state.
      2. Alternating red warning lights shall be operating at all times when the buses are loading or unloading school children but at no other time.
    1. It shall be the duty of the operator of every school bus operated in this state to conduct an inspection before each trip begins to see that all identification and safety devices required by this section or required by rule of the board are displayed on the vehicle in the manner required, and it is unlawful for any person to operate a school bus in this state unless identification and safety devices are properly displayed and in proper working order.

History. Acts 1953, No. 356, § 1; 1957, No. 322, § 1; 1959, No. 307, § 32; 1965, No. 426, § 1; 1973, No. 579, § 1; 1975, No. 255, § 1; A.S.A. 1947, § 75-658; Acts 2005, No. 2128, § 4; 2019, No. 315, §§ 3156, 3157.

A.C.R.C. Notes. Acts 2005, No. 2128, § 1, provided:

“This act shall be known and may be cited as ‘Isaac's Law’.”

Amendments. The 2019 amendment substituted “rule” for “regulation” in (c)(1)(A) and (c)(2).

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

27-51-1003. Loading points.

  1. School bus drivers shall stop school buses in the right-hand traffic lane at loading points where school children cross the highway in the process of loading or unloading and at loading points where the shoulder of the road is so narrow that pulling to the shoulder is unsafe or impractical.
  2. At loading points where no children cross the highway in the process of loading or unloading and where there is a sufficient and safe area at the right to remove the school bus completely from the highway, school bus drivers shall remove the school bus from the highway for loading or unloading.

History. Acts 1953, No. 356, § 3; 1965, No. 426, § 2; A.S.A. 1947, § 75-658.2.

27-51-1004. Passing when stopped prohibited.

  1. When a school bus stops and displays its alternating red warning lights for the purpose of loading or unloading passengers, every operator of a motor vehicle or motorcycle meeting or overtaking the school bus from any direction shall bring the motor vehicle or motorcycle to a complete stop before reaching the school bus.
  2. The operator of the motor vehicle or motorcycle shall not start up or attempt to pass in any direction until the school bus vehicle has finished receiving or discharging its passengers and is in motion again.
  3. If the operator of a motor vehicle or motorcycle fails to comply with subsection (a) or subsection (b) of this section while demonstrating a reckless disregard for the safety of the passengers of the school bus, the operator upon conviction shall be guilty of a Class A misdemeanor.

History. Acts 1953, No. 356, § 1; 1957, No. 322, § 1; 1985, No. 1083, § 1; A.S.A. 1947, § 75-658; Acts 1989, No. 243, § 1; 2005, No. 2128, § 5; 2019, No. 166, § 2[3].

A.C.R.C. Notes. Acts 2005, No. 2128, § 1, provided: “This act shall be known and may be cited as ‘Isaac's Law’.”

Amendments. The 2019 amendment added (c).

27-51-1005. Operation on multiple lane or divided highways.

  1. For the purpose of this section, “multiple lane highway” means a road with four (4) or more traffic lanes and with no fewer than two (2) traffic lanes for traveling in each direction.
  2. If the school bus is operated on a multiple lane highway divided by a parkway or dividing strip of twenty feet (20') or more in width and if the school bus is on the opposite side of the parkway or dividing strip, then the driver of the approaching vehicle need not stop but shall proceed with due caution for the safety of the children.
    1. If a school bus route includes bus stops on a multiple lane highway, the route shall be designed to ensure that the bus operator shall always load and unload passengers in a manner that does not require a student to cross the highway.
    2. A student being loaded or unloaded at a bus stop on a multiple lane highway shall always be loaded and unloaded in a manner that does not require the student to cross the highway.

History. Acts 1953, No. 356, § 2; A.S.A. 1947, § 75-658.1; Acts 2005, No. 2128, § 6.

A.C.R.C. Notes. Acts 2005, No. 2128, § 1, provided:

“This act shall be known and may be cited as ‘Isaac's Law’.”

Subchapter 11 — Church Buses

27-51-1101. Definition.

As used in this subchapter, unless the context otherwise requires, “church bus” means any bus or van which:

  1. Is used to transport people to or from any church or church function;
  2. Has a sign on the front and rear of such bus or van with the words “CHURCH BUS” written in letters of not less than eight inches (8") in height;
  3. Is equipped with flasher lights to indicate that the bus or van is receiving or discharging its passengers; and
  4. Is of a color other than school bus yellow.

History. Acts 1983, No. 398, § 1; A.S.A. 1947, § 75-668.

27-51-1102. Penalty.

  1. Any person who violates any of the provisions of this subchapter shall, upon conviction, be guilty of a misdemeanor.
  2. A convicted violator shall be fined not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500) or imprisoned not more than ninety (90) days, or both.

History. Acts 1983, No. 398, § 4; A.S.A. 1947, § 75-668.3.

27-51-1103. Loading points.

  1. The driver of a church bus shall stop the bus in the right-hand traffic lane at loading points where passengers cross the highway in the process of loading or unloading and at loading points where the shoulder of the road is so narrow that pulling to the shoulder is unsafe or impractical.
  2. At loading points where no passengers cross the highway in the process of loading or unloading and where there is a sufficient and safe area at the right to remove the bus completely from the highway, then the bus driver shall remove the bus from the highway for loading or unloading.

History. Acts 1983, No. 398, § 3; A.S.A. 1947, § 75-668.2.

27-51-1104. Passing stopped church bus prohibited — Exception.

  1. When any church bus stops and indicates by flasher lights that the bus is loading or unloading passengers, every operator of a motor vehicle or motorcycle approaching it from any direction shall bring the motor vehicle or motorcycle to a full stop and shall not start or attempt to pass in any direction until the bus has finished receiving or discharging its passengers.
  2. If the bus is operated on multiple lane highways divided by a parkway or dividing strip of twenty feet (20') or more in width and if the bus is on the opposite side of the parkway or dividing strip, then the driver of the approaching vehicle need not stop but shall proceed with due caution for the safety of the passengers of the bus.

History. Acts 1983, No. 398, § 2; A.S.A. 1947, § 75-668.1.

Subchapter 12 — Pedestrians

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

ALR.

Who is “pedestrian” entitled to rights and subject to duties provided by traffic regulations or judicially stated. 35 A.L.R.4th 1117.

Am. Jur. 7A Am. Jur. 2d, Auto., § 285 et seq.

C.J.S. 60A C.J.S., Motor Veh., § 382 et seq.

27-51-1201. Privileges and restrictions generally.

Pedestrians shall be subject to traffic control signals at intersections as declared in this act, but at all other places pedestrians shall be accorded the privileges and shall be subject to restrictions stated in this subchapter.

History. Acts 1937, No. 300, § 75; Pope's Dig., § 6733; A.S.A. 1947, § 75-626.

Meaning of “this act”. Acts 1937, No. 300, codified as §§ 6-19-111, 27-35-10127-35-111, 27-36-101, 27-36-102, 27-36-20127-36-204, 27-36-20627-36-212, 27-36-213 [repealed], 27-36-21427-36-220, 27-37-101, 27-37-102, 27-37-20227-37-206, 27-37-30127-37-303, 27-37-305, 27-37-401, 27-37-501, 27-37-502, 27-37-601, 27-49-10127-49-112, 27-49-20127-49-219, 27-50-101, 27-50-102, 27-50-304, 27-50-307, 27-50-308, 27-50-60127-50-603, 27-50-604 [repealed], 27-50-605, 27-50-801 [repealed], 27-50-804, 27-50-805, 27-51-201, 27-51-202, 27-51-206, 27-51-20827-51-211, 27-51-30127-51-308, 27-51-40127-51-405, 27-51-50127-51-503, 27-51-60127-51-603, 27-51-702, 27-51-703, 27-51-705, 27-51-80127-51-803, 27-51-90127-51-903, 27-51-120127-51-1205, 27-51-130127-51-1304, 27-51-130627-51-1308, 27-51-140127-51-1405, 27-52-101, 27-52-10327-52-109, 27-53-10127-53-105, 27-53-20127-53-208.

27-51-1202. Pedestrians' right-of-way in crosswalks.

  1. Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this subchapter.
  2. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

History. Acts 1937, No. 300, § 76; Pope's Dig., § 6734; A.S.A. 1947, § 75-627.

Case Notes

Traffic Control Signals.

Subsection (b) of this section was not applicable to an action for injuries incurred by a pedestrian who was struck by a motor vehicle while walking in a painted crosswalk provided for pedestrians at an intersection which was controlled by traffic signals to which the pedestrian was subject by statute. Washburn v. Stuart's Muffler Shop, 257 Ark. 59, 513 S.W.2d 913 (1974).

27-51-1203. Use of crosswalks.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

History. Acts 1937, No. 300, § 78; Pope's Dig., § 6736; A.S.A. 1947, § 75-629.

Case Notes

Cited: Rogers v. Kelly, 284 Ark. 50, 679 S.W.2d 184 (1984).

27-51-1204. Pedestrians crossing at other than crosswalks.

  1. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
  2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.
  3. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.
  4. Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

History. Acts 1937, No. 300, § 77; Pope's Dig., § 6735; A.S.A. 1947, § 75-628.

Case Notes

Duty of Drivers.

The failure of a driver to sound his horn, to take earlier diversionary action, or to sooner apply his brakes to avoid hitting a pedestrian are significant on the questions of speed, control, and lookout. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Even though a pedestrian is required to yield the right-of-way when crossing a highway at a point other than a marked crosswalk, failure to do so does not relieve the driver of an approaching vehicle of the obligation to exercise ordinary care to avoid colliding with the pedestrian and to give warning by the sounding of a horn, when necessary. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).

Instructions.

The trial court in instructing the jury on the statutory duty of a pedestrian crossing at other than crosswalks should not have substituted the word “person” for “child or any confused or incapacitated person.” Holcomb v. Gilbraith, 257 Ark. 32, 513 S.W.2d 796 (1974).

Standards.

The weight given the evidence of violation of this section was to be determined in the light of the standards set out in the Arkansas Model Jury Instructions. Blythe v. Byrd, 251 Ark. 363, 472 S.W.2d 717 (1971).

27-51-1205. Soliciting rides.

No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any private vehicle.

History. Acts 1937, No. 300, § 79; Pope's Dig., § 6737; A.S.A. 1947, § 75-630.

Subchapter 13 — Stopping, Standing, or Parking

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 268 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 28(1) et seq.

60A C.J.S., Motor Veh., § 329 et seq.

27-51-1301. Restrictions on stopping, standing, or parking generally.

  1. Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of the vehicle parallel to and within eighteen inches (18") of the right-hand curb.
  2. Local authorities may, by ordinance, permit parking of vehicles with the left-hand wheels adjacent to and within eighteen inches (18") of the left-hand curb of a one-way roadway.
  3. Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the State Highway Commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
    1. The commission, with respect to highways under its jurisdiction, may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing, or parking of vehicles would unduly interfere with the free movement of traffic thereon.
    2. Signs shall be official signs, and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on the signs.

History. Acts 1937, No. 300, § 93; Pope's Dig., § 6750; Acts 1959, No. 307, § 38; A.S.A. 1947, § 75-650.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

27-51-1302. Stopping, standing, or parking prohibited in specified places.

  1. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device, in any of the following places:
    1. On a sidewalk;
    2. In front of a public or a private driveway;
    3. Within an intersection;
    4. Within fifteen feet (15') of a fire hydrant;
    5. On a crosswalk;
    6. Within twenty feet (20') of a crosswalk at an intersection;
    7. Within thirty feet (30') upon the approach to any flashing beacon, any stop sign, or any traffic-control signal located at the side of a roadway;
    8. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the local traffic authority indicates a different length by signs or markings;
    9. Within fifty feet (50') of the nearest rail of a railroad crossing;
    10. Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of the entrance when properly signposted;
    11. Alongside or opposite any street excavation or any street obstruction when stopping, standing, or parking would obstruct traffic;
    12. On a roadway side of any vehicle stopped or parked at the edge of a curb or a street;
    13. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
    14. At any place where official signs prohibit stopping; or
    15. On the shoulders, the median, the ramps, and all other highway rights-of-way along interstate or fully controlled access highways, except in designated parking areas, provided that stopping, standing, or parking that is brief in duration and is due to an emergency, a vehicle disablement, or to correct or avert an unsafe condition shall not be considered a violation of this section.
  2. No person shall move a vehicle not owned by the person into any such prohibited area or away from a curb a distance that is unlawful.

History. Acts 1937, No. 300, § 92; Pope's Dig., § 6749; A.S.A. 1947, § 75-649; Acts 2007, No. 997, § 1.

Amendments. The 2007 amendment added (a)(15) and made related changes.

Case Notes

City Truck Routes.

State Highway Commission has authority to prohibit parking on state highway truck routes within a city. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).

Evidence of Negligence.

Violation of this section does not constitute negligence per se, but is only evidence of negligence. Young v. Dodson, 239 Ark. 143, 388 S.W.2d 94 (1965).

Cited: Tinnon v. Burlington N. R. Co., 898 F.2d 1340 (8th Cir. 1990).

27-51-1303. Stopping, standing, or parking outside of business or residence district.

    1. Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or leave the vehicle off that part of the highway. In every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicles shall be available from a distance of two hundred feet (200') in each direction upon the highway.
    2. Any driver who shall violate the provisions of this section shall be liable for any damages of which the violation is the proximate cause.
    3. This subsection shall not apply to:
      1. Employees or vehicles of the Arkansas Department of Transportation engaged in necessary construction, maintenance, or repair of the highways;
      2. Authorized emergency vehicles on emergency trips such as police vehicles on duty, fire vehicles on calls, or ambulances and wreckers engaged in the removal of persons or vehicles from the traveled part of the highway; or
      3. Public utility or service vehicles of any type, including, but not limited to, mail delivery, overnight couriers, electric or gas utility, or solid waste collection if the utility or service vehicles are at least one-half (½) outside the designated lane and remain on the highway only for the time reasonably necessary to perform the required service.
  1. This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position.

History. Acts 1937, No. 300, § 90; Pope's Dig., § 6747; Acts 1959, No. 307, § 37; 1979, No. 674, § 1; A.S.A. 1947, § 75-647; Acts 2003, No. 863, § 1; 2017, No. 707, § 352.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(3)(A).

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Applicability.

This section does not apply to collisions that occur in a residential district. Burchfield v. Carroll, 255 Ark. 245, 499 S.W.2d 620 (1973).

This section does not apply to stops arising out of the exigencies of traffic. Burchfield v. Carroll, 255 Ark. 245, 499 S.W.2d 620 (1973); Mack v. Wilkerson, 304 Ark. 114, 801 S.W.2d 26 (1990).

Directed Verdicts.

Where there was evidence that defendant failed to park its truck as required by this section, the defendant was not entitled to a directed verdict. United Transports, Inc. v. Johnson, 215 Ark. 411, 220 S.W.2d 814 (1949).

The action of persons in deliberately leaving their vehicles, after a minor collision, in such a position so as to block the entire east lane of traffic on a main artery highway at dusky dark in violation of this section was such that reasonable men might conclude that the action constituted actionable negligence, proximately causing or contributing to the cause of a second collision and that a fact question was made as to their negligence, if any, for determination by the jury, so that a directed verdict relieving them from liability constituted error. Shearer v. Morgan, 240 Ark. 616, 401 S.W.2d 21 (1966).

Exceptions.

Where truck developed motor trouble, and driver was forced to stop truck partly on shoulder and partly on paved portion of highway, and driver put out flares and later attempted to have truck towed to safety, but was again forced to leave it partly on highway, with about five inches of it extending over highway, and he again set out flares and made a phone call presumably for assistance, the parking of the truck came within exception to this section prohibiting parking on highways. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954).

Instructions.

In action for damages caused by collision with unlighted rear of truck, instruction predicating liability upon finding that failure to provide taillight was proximate cause of damages was erroneous because taillight could have been extinguished by means other than defendant's negligence. Floyd v. Johnson, 193 Ark. 518, 100 S.W.2d 975 (1937) (decision under prior law).

In action for injuries to occupants of automobile struck by truck approaching in opposite direction while passing another momentarily stopped truck from the rear, instruction in the language of this section was prejudicial to defendant absent evidence that the truck was parked on the highway, since it would permit the jury to find that it was unlawful in any event to stop a motor vehicle on the highway. A.S. Barboro & Co. v. James, 205 Ark. 53, 168 S.W.2d 202 (1943).

In action for recovery of damages sustained in automobile accident where trial court gave defendant's instruction modifying it by including verbatim one of plaintiff's instructions that purported to be verbatim of this section but which in fact omitted several words of the section, such error could not be assigned to the trial court. Riggan v. Langley, 238 Ark. 649, 383 S.W.2d 661 (1964).

Where the court gave an instruction requested by defendant, modifying it by including one requested by plaintiff which purported to state subsection (a) of this section verbatim, but which omitted certain words therefrom, the error in giving such instruction was invited by plaintiff and not assignable to the court. Riggan v. Langley, 238 Ark. 649, 383 S.W.2d 661 (1964).

Where the undisputed evidence showed the plaintiff had not parked her motor vehicle upon the traveled portion of the highway, but showed she momentarily stopped because of the exigencies of traffic, it was prejudicial error for the trial court, over the objections of the plaintiff, to include this section in the instructions. Toney v. Miller, 268 Ark. 795, 597 S.W.2d 102 (Ct. App. 1980), overruled, Eisner v. Fields, 67 Ark. App. 238, 998 S.W.2d 421 (1999).

Where the judge, in an automobile accident case, instructed the jury in accordance with this section and the applicable model jury instruction that no one should stop or park on the paved portion of the highway, but should leave an unobstructed width of highway for the passage of other vehicles, the parked vehicle to be visible for 200 feet in either direction, the jury was properly instructed that a violation of this section was evidence of negligence, and the trial judge did not err in failing to include the part of this section that states that a driver who violates this section shall be liable for any damages which proximately result from such violation, since to have included the omitted part of this section would have emphasized this section over the others and since the omitted part was in conflict with the applicable model jury instructions. Price v. Watkins, 283 Ark. 502, 678 S.W.2d 762 (1984).

Jury Questions.

Negligence of truck driver in not parking truck on shoulder of road, where truck was heavily loaded, tires on right rear wheels were flat, and shoulder was soft so that it would have been impossible to jack up the wheels, was for jury. Presley v. Schenebeck, 194 Ark. 1069, 110 S.W.2d 5 (1937) (decision under prior law).

Issue as to whether it is practical for a driver to drive vehicle off paved portion of highway before stopping is for the jury. American Bus Lines, Inc. v. Merritt, 221 Ark. 596, 254 S.W.2d 963 (1953); Johnson Timber Corp. v. Sturdivant, 295 Ark. 622, 752 S.W.2d 241 (1988).

Negligence.

Driver of bus company was guilty of negligence in parking on paved highway near intersection with county gravel road where evidence showed that bus could have been parked off the pavement or that it could have been parked on gravel portion of county road. American Bus Lines, Inc. v. Merritt, 221 Ark. 596, 254 S.W.2d 963 (1953).

Before guest could recover for injuries, the burden was upon her to prove that her injuries were caused by the host operating his automobile in a willful and wanton manner in disregard of guest's rights. Willful misconduct, or to operate an automobile in willful and wanton disregard of the rights of others, means something more than gross negligence. Willful negligence is greater in degree than gross negligence; to be willfully negligent one must be conscious of his conduct, that is, he must, in the light of surrounding circumstances, comprehend that his actions will naturally or probably result in injury. Poole v. James, 231 Ark. 810, 332 S.W.2d 833 (1960).

Trial court's findings that it was neither impossible nor impracticable to park a tractor-trailer truck with a flat tire off the traveled portion of the highway, as required by this section, and that such failure constituted contributory negligence, was supported by sufficient evidence to sustain findings. Butler v. Reynolds & Draper Lumber Co., 239 Ark. 135, 387 S.W.2d 607 (1965).

Pavement.

Provisions requiring 20 feet of pavement to remain clear and unobstructed opposite a standing vehicle were held to mean 20 feet of the paved or improved or main traveled part of the highway and not to mean 20 feet including the shoulder. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954) (decision under prior law).

Temporary Stopping.

Temporary stopping by bus on paved portion of highway for purpose of discharging passengers constitutes a violation of this section, if stopping on paved portion is not justified. American Bus Lines, Inc. v. Merritt, 221 Ark. 596, 254 S.W.2d 963 (1953).

This section does not prohibit any person from leaving a vehicle on the main-traveled portion of a highway when it is impossible to stop, park, or leave the vehicle off such portion of the highway. However, the statute requires that “in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles.” Johnson Timber Corp. v. Sturdivant, 295 Ark. 622, 752 S.W.2d 241 (1988).

Cited: Dacus v. State, 16 Ark. App. 222, 699 S.W.2d 417 (1985); Johnson Timber Corp. v. Sturdivant, 295 Ark. 622, 752 S.W.2d 241 (1988).

27-51-1304. Authority to remove illegally stopped vehicles.

  1. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this subchapter, the officer is authorized to move the vehicle or require the driver or other person in charge of the vehicle to move it to a position off the paved or improved or main-traveled part of the highway.
  2. Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where the vehicle constitutes an obstruction to traffic, the officer is authorized to provide for the removal of the vehicle consistent with § 27-50-1207.

History. Acts 1937, No. 300, § 91; Pope's Dig., § 6748; A.S.A. 1947, § 75-648; Acts 2001, No. 1705, § 1.

27-51-1305. Removal of motor vehicles parked without authority in parking lots.

  1. Consistent with the procedures of § 27-50-1101, the owner of a parking lot, his or her agent, or the lessee of a space in a parking lot may cause any motor vehicle which is parked on the lot without the consent of the owner of the lot or of his or her agent or which is parked in the space of the lessee without the consent of the lessee to be removed and stored at the expense of the owner or operator of the vehicle if a readable sign is prominently placed at each entrance to the lot specifying those persons who may park in the lot and prohibiting parking therein by all others.
  2. The owner of a lot or the lessee of a space in a lot who has an unauthorized vehicle removed and stored under the provisions of subsection (a) of this section shall not be liable for damages incurred by the owner or operator of an unauthorized vehicle as a result of removal or storage if the vehicle is removed by an insured vehicle wrecker service and stored by an insured storage company.

History. Acts 1971, No. 200, §§ 1, 2; A.S.A. 1947, §§ 75-651.1, 75-651.2; Acts 2005, No. 2211, § 7.

27-51-1306. Unattended motor vehicles.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key, or, when standing upon any perceptible grade, without effectively setting the brake and turning the front wheels to the curb or side of the highway.

History. Acts 1937, No. 300, § 94; Pope's Dig., § 6751; Acts 1959, No. 307, § 40; A.S.A. 1947, § 75-651.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Research References

Ark. L. Rev.

Automobiles — Negligence — Liability of Owner for Negligence of Thief, 9 Ark. L. Rev. 449.

Case Notes

Instructions.

In an action by a father of a four-year-old child for the child's death by being run over by the defendant's motor truck, it was error to instruct the jury that the fact that the defendant's driver permitted the engine of the motor truck to run while he was delivering groceries could be considered as an element of negligence entitling the plaintiff to recover damages, although the action was a violation of law, where there was no evidence showing the injury was the proximate cause of such action. Mays v. Ritchie Grocery Co., 177 Ark. 35, 5 S.W.2d 728 (1928) (decision under prior law).

Negligence.

Where driver parked tractor-trailer on downgrade in close proximity to vehicle in front of him without turning vehicle's wheels to the side of the road or stopping the engine and putting tractor in gear and vehicle rolled forward because of defective brakes and crushed a person, driver was guilty of negligence. Beaty v. Buckeye Fabric Finishing Co., 179 F. Supp. 688 (E.D. Ark. 1959).

27-51-1307. Opening door on traffic side.

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

History. Acts 1937, No. 300, § 94; 1959, No. 307, § 40; A.S.A. 1947, § 75-651.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

27-51-1308. Starting of vehicles.

No person shall start a vehicle which is stopped, standing, or parked unless and until movements can be made with reasonable safety.

History. Acts 1937, No. 300, § 66; Pope's Dig., § 6724; A.S.A. 1947, § 75-617.

Case Notes

Duty to Lookout.

Driver of car being pushed on highway by pickup truck to start the motor was under a duty to keep a reasonable and prudent lookout ahead for other vehicles, persons, or property which might be on or alongside the highway so as to constitute an immediate hazard. Easley v. Inglis, 233 Ark. 589, 346 S.W.2d 206 (1961).

Shopping Center Lots.

Inasmuch as a shopping center parking lot is not a highway, a person whose car collided with another vehicle as he was pulling out of a parking space could not be charged with the violation of failure to yield right-of-way. Hartson v. City of Pine Bluff, 270 Ark. 748, 606 S.W.2d 149 (1980).

27-51-1309. Backing of vehicles.

  1. The driver of a vehicle shall not back a vehicle upon any roadway unless the movement can be made with reasonable safety and without interfering with other traffic.
  2. The driver of a vehicle shall not back a vehicle on any access road, entrance ramp, exit ramp, shoulder, or road surface of any controlled-access highway.

History. Acts 2001, No. 313, § 1.

Case Notes

Evidence to Support Stop.

Denial of defendant's motion to suppress before she pled guilty to possession of marijuana with intent to deliver was inappropriate because the facts within the officer's knowledge were insufficient to permit him to have believed that a vehicle could not be backed down the road with reasonable safety and without interfering with traffic. Thus, there was no probable cause to stop under subsection (a) of this section. Stokes v. State, 375 Ark. 394, 291 S.W.3d 155 (2009).

Subchapter 14 — Miscellaneous Rules

Effective Dates. Acts 1911, No. 134, § 20: effective on passage.

Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

27-51-1401. Obstruction to driver's view or driving mechanism prohibited.

  1. No person shall drive a vehicle when it is so loaded or when there are in the front seat a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle so as to interfere with the driver's control over the driving mechanism of the vehicle.
  2. No passenger in a vehicle or streetcar shall ride in such position as to interfere with the driver's or streetcar operator's view ahead or to the sides or to interfere with his or her control over the driving mechanism of the vehicle or streetcar.

History. Acts 1937, No. 300, § 95; Pope's Dig., § 6752; A.S.A. 1947, § 75-652.

Cross References. Obstructed view of motor vehicle interior prohibited, § 27-37-304.

Case Notes

Instructions.

Under evidence that there were four persons in the cab of truck involved in motor collision and a woman was sitting in the lap of one man, showing a crowded condition and obstruction of the driver's view to the right, instruction that, in determining whether driver was negligent in operating the truck, it is unlawful to drive a vehicle on the public highways when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle so as to interfere with the driver's control over the driving mechanism of the vehicle was not erroneous as abstract. Warren v. Hale, 203 Ark. 608, 158 S.W.2d 51 (1942).

In suit for damages to truck which struck another truck which was parked along highway, trial court properly gave instructions concerning more than three people riding in driver's seat where evidence showed that four people were riding in the overtaking truck and one of the four persons testified that he could not see to the left because the head of one of his companions was in the way. Woodruff Elec. Coop. Corp. v. Weis Butane Gas Co., 225 Ark. 114, 279 S.W.2d 564 (1955).

Negligence.

Driver of a loaded school bus coming into the school ground on the driveway for that purpose and driving at a moderate rate of speed along the driveway by the side of the building and fence to the usual spot for his pupil passengers to debark from the bus was not negligent in failing to notice that plaintiff, 10-year-old school pupil, was pursuing the bus along the right side of the bus in a place of danger until after such plaintiff had fallen under the right rear wheels of the bus, nor was it negligence to drive the bus without a mirror on the right-hand side so situated that the bus driver could see a person approaching along the right-hand side of the bus. Sams v. Pacific Indem. Co., 170 F. Supp. 909 (W.D. Ark. 1959), dismissed, 271 F.2d 126 (8th Cir. 1959).

27-51-1402. Driving through safety zone prohibited.

No vehicle shall at any time be driven through or within a safety zone.

History. Acts 1937, No. 300, § 83; Pope's Dig., § 6741; A.S.A. 1947, § 75-636.

27-51-1403. [Repealed.]

Publisher's Notes. This section, concerning driving on mountain highways, was repealed by Acts 2011, No. 780, § 10. The section was derived from Acts 1937, No. 300, § 96; Pope's Dig., § 6753; A.S.A. 1947, § 75-653.

27-51-1404. Coasting prohibited.

  1. The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of the vehicle in neutral.
  2. The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged.

History. Acts 1937, No. 300, § 97; Pope's Dig., § 6754; A.S.A. 1947, § 75-654.

27-51-1405. Throwing destructive or injurious materials on highway prohibited.

  1. No person shall throw or deposit upon any highway any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon the highway.
  2. Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove it or cause it to be removed.
  3. Any person removing a wrecked or damaged vehicle from a public highway, as defined by § 27-51-101, shall remove any glass or other injurious substance dropped upon the public highway from the vehicle.

History. Acts 1937, No. 300, § 100; Pope's Dig., § 6757; A.S.A. 1947, § 75-657; Acts 1999, No. 82, § 1.

Case Notes

Construction.

Subsection (c) of this section imposes a duty on one “removing a wrecked or damaged vehicle from a public highway” to also remove “any glass or other injurious substance dropped upon the public highway from the vehicle”. There is nothing in this subsection that requires the material to be unnatural; instead, the focus is on whether the material is an “injurious substance”. McKim v. Sullivan, 2019 Ark. App. 485, 588 S.W.3d 118 (2019).

Subsection (b) of this section imposes a duty to immediately remove or cause the removal of “any destructive or injurious material” that he or she “drops or permits to be dropped or thrown upon any highway”. There is nothing in this subsection that would suggest that the material must be unnatural. The focus is instead on whether the material is “destructive or injurious”. McKim v. Sullivan, 2019 Ark. App. 485, 588 S.W.3d 118 (2019).

Based on the plain language of this section, nothing in this section limits the substances and materials referenced in the section to unnatural ones. Instead, subsection (a) prohibits one from depositing “any other substance likely to injure any person, animal, or vehicle upon the highway”. McKim v. Sullivan, 2019 Ark. App. 485, 588 S.W.3d 118 (2019).

This section cannot be read to allow a person to throw or deposit substantial amounts of dirt, gravel, timber, or hay on the road without possible consequences simply because those substances are natural rather than unnatural. The correct inquiry under the statute is not whether the substances are natural or unnatural; rather, it is whether the material or substance on the public highway at issue is a “substance likely to injure”, is “destructive or injurious material”, or an “injurious substance”. McKim v. Sullivan, 2019 Ark. App. 485, 588 S.W.3d 118 (2019).

Injurious Materials.

A pedestrian who slipped on a yellow substance similar to feed while he was walking along a state highway railroad crossing could not base an action against the railroad upon this section, inasmuch as the substance in question was not shown to be a destructive or injurious material which the railroad would have a duty to remove. Bowie v. Missouri Pac. R.R. Co., 262 Ark. 793, 561 S.W.2d 314 (1978).

27-51-1406. Warning by motorists to persons and animals on highway.

Upon approaching a person walking upon or along a public highway or a horse or other draft animal being ridden, led, or driven thereon, the operator of a motor vehicle or motor bicycle shall give reasonable warning of his or her approach and use every reasonable precaution to avoid injuring the persons or frightening the horses or other draft animals.

History. Acts 1911, No. 134, § 17, p. 94; C. & M. Dig., § 7433; Pope's Dig., § 6645; A.S.A. 1947, § 75-661.

Case Notes

Instructions.

While it is not error to instruct in the language of this section, it is not necessary when instruction is covered in court's other instructions. Ransom v. Weisharr, 236 Ark. 898, 370 S.W.2d 598 (1963).

Jury Questions.

In action for injuries from an automobile accident, evidence that motorist failed to stop after striking plaintiff and that she continued to live in the vicinity presented a jury question of whether motorist had by any improper action of her own concealed from plaintiff his cause of action as to preclude the running of the statute of limitations. Kurry v. Frost, 204 Ark. 386, 162 S.W.2d 48 (1942).

Proximate Cause.

A truck driver who overtook a horseman on the highway at excessive speed and failed to reduce speed sufficiently to avoid collision with the horse, although seeing it in time to have done so, was negligent and such negligence was a proximate cause of his collision with the horse. Collins v. Southern Cent. Co., 275 F. Supp. 369 (W.D. Ark. 1967).

Cited: Bean v. Coffee, 169 Ark. 1052, 277 S.W. 522 (1925).

27-51-1407. Stopping for frightened horses.

  1. Whenever it shall appear that any horse ridden or driven by any person upon any streets, roads, and highways is about to become frightened by the approach of any motor vehicle, it shall be the duty of the person driving or conducting the motor vehicle to cause it to come to a full stop until the horse shall have passed and, if necessary, assist in preventing an accident.
  2. Any person convicted of violating this section shall be fined in any sum not to exceed two hundred dollars ($200).

History. Acts 1911, No. 134, § 12, p. 94; C. & M. Dig., § 7428; Pope's Dig., § 6640; A.S.A. 1947, § 75-660.

Case Notes

Duty of Drivers.

It is the duty of the driver of a vehicle upon a public highway to stop when he sees or when, had he been in the exercise of due care, he would have seen that a horse ridden or driven by another person was frightened or was about to be frightened. Russ v. Strickland, 130 Ark. 406, 197 S.W. 709 (1917).

Instructions.

In an action for damages caused by the plaintiff's team becoming frightened by the defendant's automobile, it was error to instruct the jury upon the duty of defendant to stop his automobile under provisions of his section, since this section has no applicability where both vehicles were going in the same direction. Hardy v. Cloe, 165 Ark. 253, 263 S.W. 968 (1924).

Jury Questions.

This section does not impose the absolute duty upon the driver of the automobile to stop his vehicle because a team in front, going in the same direction, appears to be frightened, and under those circumstances it should be left to the trial jury to say whether, under all the circumstances of the case, the driver of the automobile has been guilty of negligence. Fleming v. Oates, 122 Ark. 28, 182 S.W. 509 (1916).

Negligence.

Alleged conduct of servant driver, driving behind wagon to which mules were hitched, in continuing to sound horn after mules had taken fright at the first sounding of the horn, so that team ran away, was negligence, rendering his master liable for any damages caused thereby. C.M. Ferguson & Son v. White, 197 Ark. 183, 121 S.W.2d 894 (1938).

27-51-1408. Driver-assistive truck platooning systems.

  1. A person may operate a driver-assistive truck platooning system on a street or highway of this state if the person files a plan for general platoon operations with the State Highway Commission.
  2. A person may operate a driver-assistive truck platooning system on a street or highway of this state:
    1. Upon approval of the plan required under subsection (a) of this section by the commission; or
    2. Forty-five (45) days after the submission of the plan required under subsection (a) of this section, if the plan has not been rejected by the commission.

History. Acts 2017, No. 797, § 2.

Cross References. Exception for vehicles equipped with driver-assistive truck platooning systems, § 27-51-305(c).

27-51-1409. Operation of motor vehicles on approach of funeral procession.

  1. A person driving a motor vehicle that is not a part of a funeral procession shall not:
    1. Drive between the motor vehicles of a funeral procession while the motor vehicles are in motion;
    2. Join a funeral procession for the purpose of securing the right-of-way allowed by § 27-49-113(c)(1);
    3. Pass a funeral procession on a multiple-lane highway on the right side of the funeral procession unless the funeral procession is in the leftmost lane; or
    4. Enter an intersection when a funeral procession is proceeding through a red official traffic control signal as permitted by § 27-49-113(c)(1) unless the driver of the motor vehicle enters the intersection without crossing the path of the funeral procession.
  2. Upon conviction, a person who violates this section is guilty of a violation and may be fined not more than two hundred fifty dollars ($250).

History. Acts 2017, No. 816, § 4.

Subchapter 15 — Paul's Law: To Prohibit Drivers From Using a Wireless Telecommunications Device While Operating a Motor Vehicle

A.C.R.C. Notes. Acts 2009, No. 181, § 2, provided: “This act applies to all violations committed on and after October 1, 2009.”

Research References

ALR.

Criminal and Quasi-Criminal Liability Arising from Use of Portable Electronic Device While Driving. 5 A.L.R.7th Art. 3 (2015).

27-51-1501. Title.

This subchapter is known and may be cited as “Paul's Law: To Prohibit Drivers From Using a Wireless Communications Device While Operating a Motor Vehicle”.

History. Acts 2009, No. 181, § 1; 2017, No. 706, § 1.

Amendments. The 2017 amendment substituted “Drivers From Using a Wireless Communications Device While Operating a Motor Vehicle” for “Drivers of Motor Vehicles from Using Handheld Wireless Telephones to Engage in Text Messaging”.

27-51-1502. Purpose.

The purpose of this subchapter is to:

  1. Improve the safety of the roads for all drivers and passengers by prohibiting a driver of a motor vehicle from engaging in text messaging;
  2. Prevent accidents caused by the distractive practice of text messaging while operating a motor vehicle;
  3. Preserve human life and maintain the safety of the citizens of the State of Arkansas and visitors to our state by taking steps to reduce motor vehicle accidents, injuries, and deaths;
  4. Reduce health care costs, health insurance rates, and automobile insurance rates by attempting to reduce the number of motor vehicle accidents that cause injury, death, and property damage; and
  5. Reduce the amount of time that law enforcement and the court system work on accidents and offenses arising out of motor vehicle accidents caused by drivers who are distracted by sending or reading text messages.

History. Acts 2009, No. 181, § 1.

27-51-1503. Definitions.

As used in this subchapter:

  1. “Access, read, or post to a social networking site” means using a wireless telecommunications device to interact with a web-based service that allows a person to:
    1. Construct a profile within a bounded system;
    2. Articulate a list of other members with whom the person shares a connection; and
    3. Communicate with other members of the site;
    1. “Operate a motor vehicle” or “operating a motor vehicle” means operating a motor vehicle on a public road, street, or highway.
    2. “Operate a motor vehicle” or “operating a motor vehicle” does not include driving or operating a motor vehicle that has been pulled over to the side of or off of a public road, street, or highway and stopped by the driver in a location where the motor vehicle may safely remain stationary;
  2. “Texting” means reading from or manually entering data into a wireless telecommunications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication; and
    1. “Wireless telecommunications device” means a cellular telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, or a substantially similar wireless device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input.
    2. “Wireless telecommunications device” does not include a:
      1. Citizens band radio;
      2. Citizens band radio hybrid;
      3. Commercial two-way radio communication device or any device with push-to-talk capabilities used in a similar manner as a citizens band radio or a citizens band radio hybrid;
      4. Two-way radio transmitter or receiver used by a licensee of the Federal Communications Commission in the Amateur Radio Service; or
      5. Hands-free wireless telecommunications device.

History. Acts 2009, No. 181, § 1; 2017, No. 706, § 2; 2019, No. 577, § 3; 2019, No. 738, § 3.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment by No. 577 added “or any device with push-to-talk capabilities used in a similar manner as a citizens band radio or a citizens band radio hybrid” in [present (4)(B)(iii)].

The 2019 amendment by No. 738 inserted (2) and (3); redesignated former (2) as (4); deleted former (3); and substituted “telecommunications device” for “telephone or device” in (4)(B)(v).

27-51-1504. Use of wireless telecommunications device when driving.

    1. Except as otherwise provided in subsection (b) of this section, a driver of a motor vehicle shall not operate a motor vehicle while using a wireless telecommunications device to:
      1. Engage in texting; or
      2. Access, read, or post to a social networking site.
    2. A driver of a motor vehicle is not in violation of subdivision (a)(1) of this section if he or she reads, selects, or enters a telephone number or name in a wireless telecommunications device for the purpose of making a telephone call.
  1. A person is exempt from the requirements of this section if he or she is:
    1. Performing official duties as a certified law enforcement officer, firefighter, ambulance driver, or emergency medical technician;
    2. Operating a motor vehicle while using a wireless telecommunications device to:
      1. Report illegal activity;
      2. Summon medical or other emergency assistance; or
      3. Prevent injury to a person or property; or
    3. A physician or healthcare provider using a wireless telecommunications device for emergency medical purposes.

History. Acts 2009, No. 181, § 1; 2017, No. 706, § 3; 2019, No. 738, § 4.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment substituted “Engage in texting” for “Write, send, or read a text-based communication” in (a)(1)(A); deleted (b)(2)(D) and (b)(2)(E); substituted “for emergency medical purposes” for “to communicate with a hospital, health clinic, or the office of the physician, or to provide for the health care or medical emergency of a person” in (b)(3); and made stylistic changes.

27-51-1505. Preemption.

This subchapter supersedes and preempts all county or municipal ordinances regarding the use of a wireless telecommunication device for texting while operating a motor vehicle.

History. Acts 2009, No. 181, § 1; 2019, No. 738, § 5.

Amendments. The 2019 amendment substituted “wireless telecommunication device” for “handheld wireless telephone” and “texting” for “wireless interactive communication”.

27-51-1506. Penalties.

    1. A violation of this subchapter is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) for the first offense.
    2. Each subsequent violation of this subchapter is punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
    1. If a person pleads guilty or nolo contendre to or the finder of fact determines that the person was involved in a collision or accident while in violation of this subchapter, a court shall in addition to any other sentence, assess an additional fine of double the amount of the standard fine imposed under subdivisions (a)(1) and (2) of this section.
    2. The law enforcement officer investigating the collision or accident shall indicate on the written accident form that the driver of the motor vehicle was using a wireless telecommunications device at the time of the collision or accident.

History. Acts 2009, No. 181, § 1; 2017, No. 706, § 4; 2019, No. 738, § 6.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment inserted “less than twenty-five dollars ($25.00) nor” in (a)(1); and inserted “less than fifty dollars ($50.00) nor” in (a)(2).

Subchapter 16 — Fewer Distractions Mean Safer Driving Act

Effective Dates. Acts 2011, No. 37, § 6: applies to all violations committed on and after Oct. 1, 2011.

Research References

ALR.

Criminal and Quasi-Criminal Liability Arising from Use of Portable Electronic Device While Driving. 5 A.L.R.7th Art. 3 (2015).

27-51-1601. Title.

This subchapter shall be known and may be cited as the “Fewer Distractions Mean Safer Driving Act”.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1.

27-51-1602. Definitions.

As used in this subchapter:

  1. “Emergency” means a situation in which a person is in need of assistance from any of the following:
    1. Law enforcement personnel;
    2. Fire department personnel;
    3. Public safety personnel;
    4. Emergency medical personnel; or
    5. A 911 public safety communications center;
  2. “Texting” means reading from or manually entering data into a wireless telecommunications device, including doing so for the purpose of short message service texting, emailing, instant messaging, or engaging in another form of electronic data retrieval or electronic data communication;
  3. “Wireless interactive communication” means talking, typing, texting, emailing, or accessing information on the internet via Wi-Fi, cellular data, or similar means; and
    1. “Wireless telecommunications device” means a handheld cellular telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, or a substantially similar wireless device that is readily removable from a vehicle and is used to talk or type, send, or read text or data through manual input.
    2. “Wireless telecommunications device” does not include a:
      1. Citizens band radio;
      2. Citizens band radio hybrid;
      3. Commercial two-way radio communication device;
      4. Two-way radio transmitter or receiver used by a licensee of the Federal Communications Commission in the Amateur Radio Service;
      5. Hands-free wireless telephone or device; or
      6. Global positioning or navigation device system.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2011, No. 37, § 1; 2017, No. 707, § 353; 2019, No. 577, § 4; 2019, No. 738, § 7.

A.C.R.C. Notes. Pursuant to § 1-2-207(b), the amendment to former subdivision (2)(B) of this section by Acts 2019, No. 577, § 4, is superseded by the amendment to this section by Acts 2019, No. 738, § 7. As amended by Acts 2019, No. 577, subdivision (2)(B) provided:

“(B) ‘Handheld wireless telephone’ does not include a:

“(i) Hands-free wireless telephone or device;

“(ii) Citizens band radio;

“(iii) Citizens band radio hybrid;

“(iv) Device with push-to-talk capabilities used in a similar manner as a citizens band radio or a citizens band radio hybrid; or

“(v) Global positioning or navigation device or system;”.

Amendments. The 2011 amendment substituted “wireless interactive” for “a call or text-based” in (2)(A) and in the introductory language of (3)(A); added (2)(B)(iv); inserted present (4) and (5) and redesignated the remaining subdivisions accordingly; and deleted “text messaging” following “typing” in (6).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (5)(A).

The 2019 amendment by No. 577 added (2)(B)(iv) and redesignated former (2)(B)(iv) as (2)(B)(v).

The 2019 amendment by No. 738 rewrote the section.

Effective Dates. Acts 2011, No. 37, § 6: applies to all violations committed on and after Oct. 1, 2011.

27-51-1603. Restrictions on drivers under 18 years of age.

  1. Except as provided under subsection (b) of this section, a driver of a motor vehicle who is under eighteen (18) years of age shall not use a wireless telecommunications device or a hands-free wireless telephone or device while operating a motor vehicle.
  2. A driver of a motor vehicle who is under eighteen (18) years of age may use a wireless telecommunications device or a hands-free wireless telephone or device while operating a motor vehicle only in an emergency.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2019, No. 738, § 7.

Amendments. The 2019 amendment substituted “wireless telecommunications device or a hands-free wireless telephone or device” for “wireless telephone for wireless interactive communication” in (a); and substituted “a wireless telecommunications device or a hands-free wireless telephone or device while operating a motor vehicle only in an emergency” for “a wireless telephone for wireless interactive communication while operating a motor vehicle for an emergency purpose only” in (b).

27-51-1604. Restrictions on drivers at least 18 years of age but under 21 years of age.

    1. Except as provided under subsection (b) of this section, a driver of a motor vehicle who is at least eighteen (18) years of age but under twenty-one (21) years of age shall not use a wireless telecommunications device for wireless interactive communication while operating a motor vehicle.
    2. A driver of a motor vehicle who is at least eighteen (18) years of age but under twenty-one (21) years of age may use a hands-free wireless telephone or device for wireless interactive communication while operating a motor vehicle.
  1. A driver of a motor vehicle who is at least eighteen (18) years of age but under twenty-one (21) years of age may use a wireless telecommunications device for wireless interactive communication while operating a motor vehicle only in an emergency.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2019, No. 738, § 7.

Amendments. The 2019 amendment substituted “18 years of age” for “18” in the section heading; in (a)(1), substituted “provided under subsection (b) of this section” for “otherwise provided in this section”, “eighteen (18) years of age” for “eighteen (18)”, and “wireless telecommunications device” for “handheld wireless telephone”; substituted “eighteen (18) years of age” for “eighteen (18)” in (a)(2); and, in (b), substituted “eighteen (18) years of age” for “eighteen (18)”, “wireless telecommunications device” for “handheld wireless telephone”, and “only in an emergency” for “for an emergency purpose only”.

27-51-1605. Restrictions in school zones.

  1. Except as provided under subsection (b) of this section, a driver of a motor vehicle shall not use a wireless telecommunications device while operating a motor vehicle when passing a school building or school zone during school hours when children are present and outside the building.
  2. A driver of a motor vehicle who is passing a school building or school zone during school hours when children are present and outside the building may use a wireless telecommunications device while operating a motor vehicle only in an emergency.
  3. This section does not apply to a law enforcement officer engaged in the performance of his or her official duties.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2011, No. 37, § 2; 2019, No. 288, § 1; 2019, No. 738, § 7.

A.C.R.C. Notes. Pursuant to § 1-2-207(b), the amendment to this section by Acts 2019, No. 288, § 1, is superseded by the amendment to this section by Acts 2019, No. 738, § 7. As amended by Acts 2019, No. 288, this section read: “Enforcement. Except as provided under § 27-51-1609, a driver of a motor vehicle is not to be stopped or detained solely to determine compliance with this subchapter.”

Amendments. The 2011 amendment substituted “subchapter” for “section.”

The 2019 amendment by No. 288 added “Except as provided under § 27-51-1609”; and made stylistic changes.

The 2019 amendment by No. 738 rewrote the section.

Effective Dates. Acts 2011, No. 37, § 6: applies to all violations committed on and after Oct. 1, 2011.

27-51-1606. Restrictions in highway work zones — Definitions.

  1. Except as provided under subsection (b) of this section, a driver of a motor vehicle shall not use a wireless telecommunications device while operating a motor vehicle in a highway work zone when a highway worker is present.
  2. A driver of a motor vehicle who is in a highway work zone when a highway worker is present may use a wireless telecommunications device while operating a motor vehicle only in an emergency.
  3. This section does not apply to a law enforcement officer engaged in the performance of his or her official duties.
  4. As used in this section:
    1. “Highway work zone” means any area upon or adjacent to a highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress; and
    2. “Highway worker” means an employee of any of the following who is present in a highway work zone:
      1. The Arkansas Department of Transportation;
      2. A county;
      3. A municipality; or
      4. A contractor or subcontractor of the State Highway Commission or a county or municipality that is performing duties related to the highway work zone.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2011, No. 37, § 3; 2019, No. 738, § 7

Amendments. The 2011 amendment substituted “subchapter” for “section” and “drivers of motor vehicles” for “persons under twenty-one (21) years of age.”

The 2019 amendment rewrote the section.

Effective Dates. Acts 2011, No. 37, § 6: applies to all violations committed on and after Oct. 1, 2011.

27-51-1607. Penalties.

    1. A violation of this subchapter is punishable by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) for the first offense.
    2. Each subsequent violation of this subchapter is punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
  1. If a person pleads guilty or nolo contendere to a violation of this subchapter or the finder of fact determines that the person was involved in a collision or accident while in violation of this subchapter, a court shall, in addition to any other sentence, assess an additional fine of double the amount of the standard fine imposed under subdivisions (a)(1) and (2) of this section.

History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2017, No. 706, § 5; 2019, No. 738, § 7.

Amendments. The 2017 amendment rewrote the section.

The 2019 amendment inserted “less than twenty-five dollars ($25.00) nor” in (a)(1); inserted “less than fifty dollars ($50.00) nor” in (a)(2); and substituted “to a violation of this subchapter or the finder of fact determines” for “to or the finder of fact determines” in (b).

27-51-1608. [Repealed.]

Publisher's Notes. This section, concerning applicability, was repealed by Acts 2011, No. 37, § 4. The section was derived from Acts 2009, No. 197, § 1; 2009, No. 247, § 1.

27-51-1609. [Repealed.]

A.C.R.C. Notes. Pursuant to § 1-2-207(b), the amendment to this section by Acts 2019, No. 288, § 1, is superseded by the repeal of this section by Acts 2019, No. 738, § 7. As amended by Acts 2019, No. 288, this section read: “Restrictions in school.

“(a) Except as provided under subsection (b) of this section, a driver of a motor vehicle shall not use a handheld wireless telephone while operating a motor vehicle when passing a school building or school zone during school hours when children are present and outside the building.

“(b) A driver of a motor vehicle who is passing a school building or school zone during school hours when children are present and outside the building may use a handheld wireless telephone while operating a motor vehicle for an emergency purpose.

“(c) This section does not apply to a law enforcement officer engaged in the performance of his or her official duties.

“(d) A law enforcement officer may stop or detain a driver of a motor vehicle solely to determine compliance with this section.”

Publisher's Notes. This section, concerning restrictions in school zones, was repealed by Acts 2019, No. 738, § 7, effective July 24, 2019. The section was derived from Acts 2011, No. 37, § 5; 2019, No. 288, § 2. For current law, see § 27-51-1605.

27-51-1610. [Repealed.]

Publisher's Notes. This section, concerning restrictions in highway work zones, was repealed by Acts 2019, No. 738, § 7, effective July 24, 2019. The section was derived from Acts 2011, No. 37, § 5. For current law, see § 27-51-1606.

Subchapter 17 — Electric Bicycle Act

27-51-1701. Title.

This subchapter shall be known and may be cited as the “Electric Bicycle Act”.

History. Acts 2017, No. 956, § 3.

27-51-1702. Definitions.

As used in the subchapter:

  1. “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the operator is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of twenty miles per hour (20 m.p.h.);
  2. “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used exclusively to propel the electric bicycle and that is not capable of providing assistance when the electric bicycle reaches the speed of twenty miles per hour (20 m.p.h.);
  3. “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the operator is pedaling and that ceases to provide assistance when the electric bicycle reaches the speed of twenty-eight miles per hour (28 m.p.h.); and
  4. “Electric bicycle” means a bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty watts (750 W) that meets one (1) of the classifications defined in subdivisions (1)-(3) of this section.

History. Acts 2017, No. 956, § 3.

27-51-1703. Rules for bicycles applicable to electric bicycles.

For the purposes of this subchapter:

  1. An electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle;
  2. An electric bicycle is not a motor vehicle; and
  3. An electric bicycle or an operator of an electric bicycle is not subject to the provisions of this title relating to insurance, licensing, registration, operator's licenses, and certificates of title.

History. Acts 2017, No. 956, § 3.

27-51-1704. Equipment.

  1. An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission, 16 C.F.R. part 1512.
  2. On and after January 1, 2018, a manufacturer or distributor of electric bicycles shall apply a label in at least 9-point font that is permanently affixed in a prominent location to each electric bicycle identifying the:
    1. Classification number;
    2. Top assisted speed; and
    3. Motor wattage of the electric bicycle.
  3. A person shall not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless he or she appropriately replaces the label indicating the classification required in subsection (b) of this section.
    1. A Class 2 electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied.
    2. A Class 1 electric bicycle and a Class 3 electric bicycle shall operate in a manner so that the motor will disengage through or cease to function when the operator stops pedaling.

History. Acts 2017, No. 956, § 3.

27-51-1705. Use on bicycle paths.

    1. A Class 1 electric bicycle or a Class 2 electric bicycle may be used on a bicycle path or multi-use path where bicycles are permitted.
    2. However, the local authority having jurisdiction over a bicycle path or multi-use path may prohibit the operation of a Class 1 electric bicycle or a Class 2 electric bicycle on that path.
  1. A Class 3 electric bicycle shall not be operated on a bicycle path or multi-use path unless it is within or adjacent to a highway or roadway, or unless the local authority having jurisdiction over the path permits the operation of a Class 3 electric bicycle.

History. Acts 2017, No. 956, § 3.

27-51-1706. Rules for Class 3 electric bicycles.

    1. A person under sixteen (16) years of age shall not operate a Class 3 electric bicycle.
    2. A person under sixteen (16) years of age may ride as a passenger on a Class 3 electric bicycle that is designed to accommodate passengers.
  1. A person under twenty-one (21) years of age who is an operator of or a passenger on a Class 3 electric bicycle shall wear a helmet that meets or exceeds the safety standard for bicycle helmets under 16 C.F.R. part 1203.
  2. All Class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.

History. Acts 2017, No. 956, § 3.

Subchapter 18 — Bicycles

27-51-1801. Definitions.

As used in this subchapter:

  1. “Bicycle” means a human-powered vehicle:
    1. With two (2) or more wheels in tandem, designed to transport by the act of pedaling one (1) or more persons seated on one (1) or more saddle seats on its frame; and
    2. Used on a public road, bicycle path, or right-of-way; and
  2. “Immediate hazard” means a vehicle approaching a person operating a bicycle at a proximity and rate of speed sufficient to indicate to a reasonably careful person that there is a danger of collision or accident.

History. Acts 2019, No. 650, § 1.

27-51-1802. Rights and duties.

A person operating a bicycle has the rights and duties applicable to a driver of a vehicle, unless:

  1. A provision of this subchapter alters a right or duty; or
  2. A right or duty applicable to a driver of a vehicle cannot by its nature apply to a person operating a bicycle.

History. Acts 2019, No. 650, § 1.

Amendments. The 2019 amendment added (c)(3)(A)(ii) and redesignated former (c)(3)(A) as (c)(3)(A)(i); and in (c)(3)(A)(i), added “including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings unless an exemption for the operation of autonomous vehicles or fully autonomous vehicles at railroad crossings is granted by the Arkansas Department of Transportation”.

27-51-1803. Entering stop or yield intersection.

    1. A person operating a bicycle approaching a stop sign shall:
      1. Slow down;
      2. If required to avoid an immediate hazard, stop at the stop sign before entering the intersection; and
      3. Cautiously enter the intersection and yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
    2. If a person operating a bicycle meets the requirements provided in subdivision (a)(1) of this section, he or she may cautiously make a right or left turn, or proceed through the intersection without stopping at the stop sign.
    1. A person operating a bicycle approaching a steady red traffic control light shall:
      1. Make a complete stop at the steady red traffic control light before entering the intersection; and
      2. Yield the right-of-way to all oncoming traffic that constitutes an immediate hazard during the time that he or she is moving across or within the intersection.
    2. If a person operating a bicycle meets the requirements as provided in subdivision (b)(1) of this section, he or she may proceed through the steady red traffic control light with caution.
    3. However, a person operating a bicycle may make a:
      1. Right-hand turn at a steady red traffic control light without stopping after slowing to a reasonable speed and yielding the right-of-way, if required, to oncoming traffic that constitutes an immediate hazard; or
      2. Left-hand turn onto a one-way road at a steady red traffic control light after stopping and yielding to oncoming traffic that constitutes an immediate hazard.

History. Acts 2019, No. 650, § 1.

Subchapter 19 — Electric Motorized Scooter Act

27-51-1901. Title.

This subchapter shall be known and may be cited as the “Electric Motorized Scooter Act”.

History. Acts 2019, No. 1015, § 1.

27-51-1902. Definitions.

As used in this subchapter:

    1. “Electric motorized scooter” means a device that:
      1. Weighs less than one hundred pounds (100 lbs.);
      2. Has two (2) or three (3) wheels;
      3. Has a handlebar;
      4. Is equipped with a floorboard that can be used to stand on while riding the electric motorized scooter;
      5. Is powered by an electric motor; and
      6. Has a maximum speed of twenty miles per hour (20 m.p.h.) with or without human propulsion on a paved level surface.
    2. “Electric motorized scooter” does not include:
      1. A motorcycle, an electric bicycle, an electric personal assisted mobility device, a motor-driven cycle, a motorized bicycle as defined in § 27-20-101, or a moped; or
      2. An electric bicycle under § 27-51-1702;
  1. “Scooter-share operator” means a person or company offering a shared scooter for hire;
  2. “Scooter-share program” means a service in which a shared scooter is made available to use for hire; and
  3. “Shared scooter” means an electric motorized scooter offered for hire.

History. Acts 2019, No. 1015, § 1.

27-51-1903. Operation of an electric motorized scooter.

An electric motorized scooter shall not be operated:

  1. By a person under sixteen (16) years of age; or
  2. At a speed greater than fifteen miles per hour (15 m.p.h.).

History. Acts 2019, No. 1015, § 1.

27-51-1904. Shared scooter — Insurance required.

    1. A shared scooter shall bear a unique alphanumeric identification number.
    2. The alphanumeric identification number shall be:
      1. Visible from a distance of five feet (5') and not be covered by a branding or other marking; and
      2. Used throughout the state, including by a local authority, to identify the shared scooter.
  1. A scooter-share operator shall carry the following insurance coverage dedicated exclusively for operation of a shared scooter:
    1. Commercial general liability insurance coverage with a limit of no less than one million dollars ($1,000,000) for each occurrence and five million dollars ($5,000,000) aggregate;
    2. Umbrella or excess liability coverage with a limit of no less than five million dollars ($5,000,000) for each occurrence and five million dollars ($5,000,000) aggregate; and
    3. Workers' compensation coverage as required by law.

History. Acts 2019, No. 1015, § 1.

27-51-1905. Local authority regulation of electric motorized scooters.

  1. Except as otherwise provided by law, a local authority may establish reasonable standards, rules, or regulations providing for the:
    1. Safe operation of electric motorized scooters; and
    2. Presence of electric motorized scooters on public property.
  2. A local authority may require a scooter-share operator to provide the local authority anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of the local authority and all ride activity resulting in an accident report provided that, to ensure individual privacy, the anonymized fleet and ride activity data is:
    1. Provided to a local authority through an application programming interface, subject to the scooter-share operator's license agreement for the interface, in compliance with a national data format standard such as the mobility data specification;
    2. Treated as trade secret and proprietary business information;
      1. Considered personally identifiable information.
      2. The anonymized fleet and ride activity data shall not be disclosed pursuant to public records requests received by the local authority without prior aggregation or anonymization to protect individual privacy; and
    3. Released to law enforcement if required by state or federal law.

History. Acts 2019, No. 1015, § 1.

Subchapter 20 — Autonomous Vehicles

Effective Dates. Acts 2019, No. 468, § 2: Mar. 14, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that to foster innovation and the increased use of technology in Arkansas's transportation system, autonomous vehicle and fully autonomous vehicle testing and operation is necessary. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.

Acts 2019, No. 1052, § 2: Apr. 16, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that autonomous vehicles may begin operating on public streets, roads, and highways as soon as March 14, 2019; that there may be an issue with negotiating railroad crossings if an exemption is not granted for autonomous vehicles by the Arkansas Department of Transportation; and that railroad companies and the department need to be aware of this issue and work together to resolve this potential issue for the safety of railroad and motor vehicle traffic. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.

27-51-2001. Autonomous vehicle pilot program — Definitions.

As used in this subchapter:

  1. “Automated driving system” means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific operational design domain;
  2. “Autonomous vehicle” means a vehicle equipped with an automated driving system that can drive the vehicle for any duration of time without the active physical control or monitoring of a human operator;
    1. “Dynamic driving task” means the real-time operational and tactical functions required to operate a vehicle in on-road traffic, including without limitation the operational functions of:
      1. Lateral vehicle motion control via steering;
      2. Longitudinal motion control via acceleration and deceleration;
      3. Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation;
      4. Object and event response execution;
      5. Maneuver planning; and
      6. Lighting and signaling operation designed to enhance conspicuity of the vehicle.
    2. “Dynamic driving task” does not include the strategic functions of:
      1. Trip scheduling; or
      2. Selection of destinations and waypoints;
  3. “Fully autonomous vehicle” means a vehicle equipped with an automated driving system designed to function as a level four-“high automation” or level five-“full automation” system under Society of Automobile Engineers Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles and may be designed to function solely by use of the automated driving system or, when the automated driving system is not engaged, to permit operation by a human operator;
  4. “Minimal risk condition” means a low-risk operating mode in which a fully autonomous vehicle operating without a human operator is brought to a complete stop upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task;
  5. “Operational design domain” means a description of the specific operating domain in which an automated driving system is designed to properly operate, including without limitation:
    1. Roadway types;
    2. Speed range;
    3. Environmental conditions; and
    4. Other domain constraints; and
  6. “Person” means every natural person, firm, copartnership, association, corporation, or any political subdivision of the State of Arkansas, individually or collectively, including all counties, municipal corporations, public transit authorities, school districts, and special improvement districts.

History. Acts 2019, No. 468, § 1.

27-51-2002. Operation of autonomous vehicle.

    1. An autonomous vehicle or a fully autonomous vehicle may be operated in this state under an autonomous vehicle pilot program approved by the State Highway Commission.
    2. The autonomous vehicle pilot program is automatically approved sixty (60) days after the date the autonomous vehicle pilot program is submitted to the commission for approval.
  1. An autonomous vehicle pilot program shall include without limitation the following:
    1. A statement of the commercial purpose of the autonomous vehicle pilot program;
    2. The identification of any additional requirements for proof of insurance under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.;
    3. A statement acknowledging that:
        1. The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings unless an exemption for the operation of autonomous vehicles or fully autonomous vehicles at railroad crossings is granted by the department.
        2. The department shall consult with railroad companies operating in the state when considering an exemption that affects the operation of autonomous vehicles or fully autonomous vehicles at railroad crossings;
      1. The fully autonomous vehicle is capable of achieving a reasonably safe state if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task; and
      2. A fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of §§ 27-53-101, 27-53-102, and 27-53-105; and
    4. A description of how a fully autonomous vehicle is capable of meeting the requirement of subdivision (b)(3)(C) of this section.
  2. For the purposes of this subchapter, a person may operate:
    1. A fully autonomous vehicle that is not equipped with:
      1. Seat belts;
      2. A steering wheel; or
      3. A rearview mirror; and
    2. A maximum of three (3) autonomous vehicles or fully autonomous vehicles simultaneously on the streets and highways of this state.
  3. The commission shall adopt rules necessary for the implementation of this subchapter.

History. Acts 2019, No. 468, § 1; 2019, No. 1052, § 1.

Amendments. The 2019 amendment by No. 1052 redesignated (b)(3)(A) as (b)(3)(A)(i) and added “including without limitation … by the Arkansas Department of Transportation”; and added (b)(3)(A)(ii).

Chapter 52 Traffic-Control Devices

Research References

ALR.

Entrapment to commit traffic offense. 34 A.L.R.4th 1167.

Am. Jur. 7A Am. Jur. 2d, Auto., § 232 et seq., § 248 et seq.

C.J.S. 60A C.J.S., Motor Veh., §§ 360, 511.21.

Subchapter 1 — General Provisions

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1939, No. 128, § 4: Feb. 24, 1939. Emergency clause provided: “It is hereby ascertained and declared that there is much vandalism along the highways of the State and that many official highway signs and markers are being unlawfully removed, mutilated, or destroyed; that this removal, mutilation, or destruction of highway signs on the State Highway System is causing great wastage of public funds; that by reason of this unlawful removal, mutilation, or destruction of highway signs and markers accidents are caused and human life is endangered daily; an emergency is hereby declared to exist and this act being for the preservation of public peace, health and safety shall take effect and be in full force from and after the date of its passage and approval.”

Acts 1981, No. 273, § 3: Mar. 3, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that construction areas represent a danger to pedestrian traffic and motor vehicle traffic; that devices are utilized to control traffic in construction areas; that interfering with such traffic control devices creates a substantial risk to the welfare of persons in construction areas; and that this Act is immediately necessary to provide specific criminal penalties for unauthorized persons to interfere with any traffic control devices erected in construction areas. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 865, § 3: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1068 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after is passage and approval.”

27-52-101. Penalty for interference with highway or railroad sign, etc.

  1. No person shall without lawful authority attempt to or in fact alter, deface, mutilate, injure, knock down, destroy, or remove any official highway traffic-control device, road marker, lighting equipment, or any railroad crossing sign or signal, or any inscription, shield, or transcription thereon or any part thereof.
    1. It is a misdemeanor for any person to violate any of the provisions of subsection (a) of this section.
    2. Every person convicted of a violation of this section shall be punished for:
      1. A first conviction by a fine not less than ten dollars ($10.00) nor more than one hundred dollars ($100) or by imprisonment for not more than ten (10) days;
      2. A second conviction by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment; or
      3. A third or subsequent conviction by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.
  2. There is posted a standing reward of ten dollars ($10.00) to be paid by the State Highway Commission from any funds appropriated for maintenance purposes for information leading to the arrest and conviction of any person willfully or maliciously violating any provision of this section with respect to official signs upon the state highway system.

History. Acts 1937, No. 300, § 35; Pope's Dig., § 6693; Acts 1939, No. 128, § 1; A.S.A. 1947, § 75-508.

27-52-102. Penalty for interference with devices in construction areas.

  1. Any unauthorized person who willfully moves, covers, uncovers, alters, tampers with, defaces, or damages any sign, signal, or device erected in a construction area to control the flow of motor vehicle traffic or pedestrian traffic in, through, or around the construction area shall be deemed guilty of a Class A misdemeanor.
  2. Any person who violates this section in reckless disregard for the safety of human life shall be deemed guilty of a Class D felony.

History. Acts 1981, No. 273, § 1; A.S.A. 1947, § 75-508.1.

27-52-103. Obedience to official traffic control devices required.

The driver of a motor vehicle or operator of a streetcar shall obey the instructions of any official traffic control device placed in accordance with the provisions of this chapter unless he or she is:

  1. Directed by a police officer; or
  2. Yielding the right-of-way to a funeral procession as required by § 27-51-1409.

History. Acts 1937, No. 300, § 31; Pope's Dig., § 6689; A.S.A. 1947, § 75-504; Acts 2017, No. 816, § 5.

Amendments. The 2017 amendment inserted “traffic control” in the section heading; added (2); and rewrote the existing language.

27-52-104. Adoption of uniform system.

  1. The State Highway Commission shall adopt a manual and specifications for a uniform system of traffic control devices consistent with the provisions of this chapter for use upon highways within this state.
  2. The uniform system shall correlate with and so far as possible conform to the system then current as approved by the American Association of State Highway and Transportation Officials.

History. Acts 1937, No. 300, § 28; Pope's Dig., § 6686; A.S.A. 1947, § 75-501.

27-52-105. Devices on state highways.

  1. The State Highway Commission shall place and maintain traffic control devices conforming to its manual and specifications upon all state highways as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.
  2. No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the commission, except by the latter's permission.

History. Acts 1937, No. 300, § 29; Pope's Dig., § 6687; A.S.A. 1947, § 75-502.

Case Notes

Authority.

This section and §§ 27-52-106 and 27-52-107 give the direction and control of traffic located on state highways to the State Highway Commission. Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961).

Common Law Duties.

The allocations of responsibilities to state and local authorities by this section and § 27-52-106 did not supersede railroads' common law duty to provide adequate warning devices at abnormally dangerous grade crossings. Lusby v. Union Pac. R.R., 4 F.3d 639 (8th Cir. 1993).

Improper Erection.

It was improper for municipality to erect a traffic light on state highway when State Highway Commission had not given permission to municipality to place or maintain the light and such light did not conform to standards adopted by the commission; thus commission was entitled to injunction requiring traffic light to be removed. Whitaker v. Arkansas State Hwy. Comm'n, 234 Ark. 865, 355 S.W.2d 286 (1962).

No Parking Signs.

State Highway Commission has power to erect no parking signs on a part of the state highway system that is in city limits. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).

27-52-106. Local devices.

    1. Local authorities in their respective jurisdictions shall place and maintain traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this chapter or local traffic ordinances or to regulate, warn, or guide traffic.
    2. All traffic control devices erected shall conform to the state manual and specifications.
  1. Local authorities in exercising those functions referred to in subsection (a) of this section shall be subject to the direction and control of the State Highway Commission.

History. Acts 1937, No. 300, § 30; Pope's Dig., § 6688; A.S.A. 1947, § 75-503.

Case Notes

Authority.

This section and §§ 27-52-105 and 27-52-107 give the direction and control of traffic located on state highways to the State Highway Commission. Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961).

A city has the authority to pass local traffic ordinances to regulate, warn, or guide traffic. Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961).

Common Law Duties.

The allocations of responsibilities to state and local authorities by this section and § 27-52-105 did not supersede railroads' common law duty to provide adequate warning devices at abnormally dangerous grade crossings. Lusby v. Union Pac. R.R., 4 F.3d 639 (8th Cir. 1993).

Conformity to State Manual and Specifications.

Whether or not traffic control devices placed or erected by a city to carry out traffic ordinances conform to the state manual and specifications is a matter which can properly be brought up by the State Highway Commission but not by a person convicted of violating a valid traffic ordinance. Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961).

27-52-107. Signal legend.

  1. Whenever traffic is controlled by traffic-control signals exhibiting the words “GO”, “CAUTION”, or “STOP”, or exhibiting different colored lights successively one (1) at a time or with arrows, the following colors only shall be used, and the terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
    1. Green alone or “GO” means:
      1. Vehicular traffic facing the signal, except when prohibited under § 27-51-802, may proceed straight through or turn right or left unless a sign at such place prohibits either turn, but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited,
      2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk;
    2. Steady yellow alone means:
      1. Vehicular traffic facing the signal is warned that the red or “STOP” signal will be exhibited immediately thereafter, and vehicular traffic shall not enter the intersection when the red or “STOP” signal is exhibited.
      2. Pedestrians facing the signal are advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles;
    3. Steady red alone or “STOP” means:
      1. Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or “GO” is shown alone, except that:
        1. Vehicular traffic facing the signal, after coming to a complete stop, may cautiously enter the intersection for the purpose of making a right turn only, unless there is a sign prohibiting the turn; and
        2. Vehicular traffic in the left lane of a one-way street facing such signal, after coming to a complete stop, may cautiously enter the intersection for the purpose of making a left turn into the left lane of another one-way street only, unless there is a sign prohibiting such turn.
      2. No pedestrian facing the signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic; and
    4. Steady red with green arrow means:
      1. Vehicular traffic facing the signal may cautiously enter the intersection only to make the movement indicated by the arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
      2. No pedestrian facing the signal shall enter the roadway unless he or she can do so safely and without interfering with any vehicular traffic;
    1. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.
    2. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any sign or marking, the stop shall be made at the signal.
  2. The operator of any streetcar shall obey the signals as applicable to vehicles.
  3. Whenever special pedestrian-control signals exhibiting the words “WALK” or “WAIT” or “DON'T WALK” are in place, such signals shall indicate as follows:
    1. “WALK” means pedestrians facing the signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles; and
    2. “WAIT” or “DON'T WALK” means no pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.

History. Acts 1937, No. 300, § 32; Pope's Dig., § 6690; Acts 1959, No. 307, § 24; 1961, No. 51, § 1; 1975 (Extended Sess., 1976), No. 1068, § 1; 1979, No. 104, § 1; A.S.A. 1947, § 75-505; reen. Acts 1987, No. 865, § 1; Acts 2001, No. 1606, § 1.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 865, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.

Case Notes

Authority.

Sections 27-52-105, 27-52-106 and this section give the direction and control of traffic located on state highways to the State Highway Commission. Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961).

27-52-108. Flashing signals.

Whenever flashing red or yellow signals are used, they shall require obedience by vehicular traffic as follows:

  1. Flashing red, which is a stop signal, means when a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; and
  2. Flashing yellow, which is a caution signal, means when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

History. Acts 1937, No. 300, § 33; Pope's Dig., § 6691; A.S.A. 1947, § 75-506.

Case Notes

Cited: Ferrell v. Whittington, 271 Ark. 750, 610 S.W.2d 572 (1981).

27-52-109. Unauthorized signs, etc., prohibited — Removal.

    1. No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device, or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
    2. This subsection shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information or of a type that cannot be mistaken for official signs.
  1. Every such prohibited sign, signal, marking, or device is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove it or cause it to be removed without notice.

History. Acts 1937, No. 300, § 34; Pope's Dig., § 6692; A.S.A. 1947, § 75-507.

27-52-110. Automated enforcement device operated by county government or department of state government operating outside municipality — Definitions.

  1. As used in this section:
    1. “Automated enforcement device” means a system operated by a county government or a department of state government that is operating outside of a municipality that:
      1. Uses a photo-radar device that is capable of detecting a speeding violation; and
      2. Photographs or records an image of the vehicle used in committing the violation, the operator of the vehicle, or the license plate of the vehicle; and
    2. “Municipality” means a city of the first class, a city of the second class, or an incorporated town.
  2. Except as used under subsection (c) of this section, an automated enforcement device shall not be used by a law enforcement agency of a county or a department of state government that is operating outside of a municipality to detect or enforce:
    1. A violation of the traffic laws, rules, or regulations of the State of Arkansas; or
    2. An ordinance of the municipality.
    1. A county government or a department of state government that is operating outside of a municipality may use an automated enforcement device to detect and enforce a violation of traffic laws or ordinances:
      1. In a school zone; or
      2. At a railroad crossing.
    2. If a county or a department of state government that is operating outside of a municipality uses an automated enforcement device, then a certified law enforcement officer must:
      1. Be present with the automated enforcement device; and
      2. Issue the citation to the violator at the time and place of the violation.
  3. This section shall not prevent the Arkansas Highway Police Division of the Arkansas Department of Transportation from using automated enforcement devices to enforce state or federal motor carrier laws.

History. Acts 2005, No. 1451, § 1; 2017, No. 707, § 354; 2019, No. 315, § 3158.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (d).

The 2019 amendment inserted “rules” in (b)(1).

27-52-111. Automated enforcement device operated by municipality or department of state government operating within boundaries of municipality — Definitions.

  1. As used in this section:
    1. “Automated enforcement device” means a system operated by a municipality or a department of state government that is operating within the boundaries of the municipality that:
      1. Uses a photo-radar device that is capable of detecting a speeding violation; and
      2. Photographs or records an image of the vehicle used in committing the violation, the operator of the vehicle, or the license plate of the vehicle; and
    2. “Municipality” means a city of the first class, a city of the second class, or an incorporated town.
  2. Except as used under subsection (c) of this section, an automated enforcement device shall not be used by a law enforcement agency of a municipality or a department of state government that is operating within the boundaries of the municipality to detect or enforce:
    1. A violation of the traffic laws, rules, or regulations of the State of Arkansas; or
    2. An ordinance of the municipality.
    1. A municipality or a department of state government that is operating within the boundaries of the municipality may use an automated enforcement device to detect and enforce a violation of traffic laws or ordinances:
      1. In a school zone; or
      2. At a railroad crossing.
    2. If a municipality or a department of state government that is operating within the boundaries of the municipality uses an automated enforcement device, then a certified law enforcement officer must:
      1. Be present with the automated enforcement device; and
      2. Issue the citation to the violator at the time and place of the violation.
  3. This section shall not prevent the Arkansas Highway Police Division of the Arkansas Department of Transportation from using automated enforcement devices to enforce state or federal motor carrier laws.

History. Acts 2005, No. 1451, § 2; 2017, No. 707, § 355; 2019, No. 315, § 3159.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (d).

The 2019 amendment inserted “rules” in (b)(1).

Subchapter 2 — Uniform System

Effective Dates. Acts 1959, No. 143, § 8: Jan. 1, 1960.

27-52-201. Purpose.

  1. It is the purpose of this subchapter to make uniform the use of electrical traffic control signal devices in the State of Arkansas in order to promote the public safety and welfare.
  2. All electrical traffic control signal devices used in the State of Arkansas on any public street, road, or highway shall be in conformance with the provisions of this subchapter, and it shall be unlawful to use any device that violates the provisions of this subchapter.

History. Acts 1959, No. 143, § 1; A.S.A. 1947, § 75-509.

27-52-202. Penalty.

Any person violating the provisions of this subchapter shall be guilty of a misdemeanor.

History. Acts 1959, No. 143, § 5; A.S.A. 1947, § 75-513.

27-52-203. Conformity to standards.

  1. Any electrical traffic control signal device installed on any street, road, or highway in this state shall be in conformance with the standards recommended by the Institute of Transportation Engineers, approved as an American Standard by the American National Standards Institute.
  2. All traffic signals shall conform to the state manual and specifications adopted by the State Highway Commission in accordance with the requirements of §§ 27-52-104 and 27-52-106.

History. Acts 1959, No. 143, § 3; A.S.A. 1947, § 75-511.

27-52-204. Duty of officials.

Any persons, officers, or officials charged with the duty of placing, operating, or maintaining electrical traffic control signal devices on the public streets or highways of this state shall arrange the electrical traffic control signal devices to conform with the provisions of this subchapter.

History. Acts 1959, No. 143, § 4; A.S.A. 1947, § 75-512.

27-52-205. Arrangement of signals.

  1. Whenever traffic upon any public road, street, or highway in the State of Arkansas is controlled by electrical traffic control signal devices exhibiting more than one (1) signal lens and color per signal face according to the signal legend set out in § 27-52-107, then the number of such signal lenses and colors shall never be less than three (3): Red for “STOP”, yellow for “CAUTION”, and green for “GO”.
    1. Additional signal lenses may be added to supplement with specific indications these three (3) basic signal indications.
    2. These signal lenses and colors shall be arranged as follows:
      1. All signal lenses shall be arranged preferably in a vertical straight line in the signal face or alternatively in a horizontal straight line in the signal face in the following order from top to bottom or from left to right:
      2. Traffic signals shall be defined to include all power-operated traffic-control devices, except signs, by which traffic is warned or is directed to take some specific action.

Position Basic Signals: Signal Indication: 1. Top or left Red for “STOP” 2. Center Yellow for “CAUTION” 3. Bottom or right Green for “GO” Supplemental Signals: Green arrows on opaque lens backgrounds: 4. Next below or right Straight-through arrow 5. Next below or right Left-turn arrow 6. Next below or right Right-turn arrow

Click to view table.

History. Acts 1959, No. 143, § 2; A.S.A. 1947, § 75-510.

27-52-206. Exception for motorcycles.

Notwithstanding any other provision of law, if a driver of a motorcycle approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a red light only if:

  1. The traffic-control device uses a vehicle sensor;
  2. The vehicle sensor has failed to detect the motorcycle because of the motorcycle's size or weight; and
  3. The driver:
    1. Comes to a full and complete stop at the intersection;
    2. Exercises due care as provided by law; and
    3. Proceeds with caution through the intersection when it is safe to do so.

History. Acts 2005, No. 1886, § 1.

Chapter 53 Accidents

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 289 et seq., § 397 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 38.

61 C.J.S., Motor Veh., § 516(19), § 517(12).

61A C.J.S., Motor Veh., § 561 et seq., § 674(1) et seq.

U. Ark. Little Rock L.J.

Survey — Miscellaneous, 10 U. Ark. Little Rock L.J. 593.

Subchapter 1 — General Provisions

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1981, No. 918, § 3: Mar. 30, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing statutes establishing criminal penalties for hit and run accidents are conflicting and duplicating and that this Act is immediately necessary to eliminate such confusion. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 598, § 4: emergency failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the practice of leaving a vehicle on a roadway after an accident can create a serious obstruction of traffic and can endanger the safety of persons traveling on our streets, roads and highways. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect upon passage and approval.” Approved Apr. 4, 1987.

Research References

Ark. L. Rev.

Constitutional Law — “Hit and Run” Statutes and the Privilege Against Self-Incrimination, 26 Ark. L. Rev. 81.

U. Ark. Little Rock L.J.

Survey of Arkansas Law, Criminal Law, 1 U. Ark. Little Rock L.J. 153.

27-53-101. Requirements in accidents involving death or personal injuries.

    1. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of § 27-53-103.
    2. Every such stop shall be made without obstructing traffic more than is necessary.
    3. An accident of this nature shall include all accidents which occur upon the streets or highways, upon the parking area of private business establishments, or elsewhere throughout the state.
    1. Any person failing to comply with subsection (a) of this section or with § 27-53-103 shall upon conviction be deemed guilty of a Class D felony.
    2. The Commissioner of Motor Vehicles shall revoke the driver's license or commercial driver's license of the person so convicted.

History. Acts 1937, No. 300, § 36; Pope's Dig., § 6694; Acts 1981, No. 918, § 1; A.S.A. 1947, § 75-901; Acts 1987, No. 88, § 1; 1995, No. 659, § 4.

Case Notes

Accomplices.

No accomplice criminal responsibility results from supplying an intoxicant to one allegedly responsible as a principal for violations of §§ 5-10-104(a)(1), 5-13-204(a), or subdivision (a)(1) of this section. Fight v. State, 314 Ark. 438, 863 S.W.2d 800 (1993).

Failure to Comply.

Evidence supported the finding of jury that defendant did not comply with this section and § 27-53-103 where evidence was to the effect that defendant hurriedly left scene of accident before injured person was removed and after being requested not to do so even though his identity was known and others were rendering aid. Barnhill v. State, 247 Ark. 28, 444 S.W.2d 97 (1969).

Trial court did not err in finding that defendant committed two criminal violations by leaving the scene of the accident and driving with a suspended license, under this section and §§ 27-53-103 and 27-16-303(a)(1), or in revoking defendant's suspended sentence, based on evidence that he struck a pedestrian and left the scene. Jordan v. State, 2009 Ark. App. 859 (2009).

Instructions.

A refusal to instruct on this section does not amount to prejudicial error where the failure to comply with it bears no proximate relation to the cause of the collision. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

Refusal to give instruction setting out subsection (a) of this section was not prejudicial error where proof showed that the young driver stopped and returned to the scene as soon as he realized what had happened and there was no showing that he failed to satisfy the requirements of § 27-53-103. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

Defendant was not entitled to have his proffered instruction given to the jury based on the argument that due process required the state to prove that he knew the victim had been injured and that he purposely left the scene knowing that she had been injured as this section did not contain an element regarding defendant's knowledge of a victim's injuries. Stivers v. State, 354 Ark. 140, 118 S.W.3d 558 (2003).

Manslaughter.

Evidence held sufficient to support verdict and judgment for manslaughter. Kirkendall v. State, 265 Ark. 853, 581 S.W.2d 341 (1979); Booth v. State, 26 Ark. App. 115, 761 S.W.2d 607 (1988), cert. denied, Booth v. Arkansas, 490 U.S. 1047, 109 S. Ct. 1956, 104 L. Ed. 2d 425 (1989).

Miranda Warnings.

Although defendant was required to remain at the crash scene, such compulsion was not akin to the restraint of a formal arrest, and defendant was not entitled to a Miranda warning before the investigating officer asked him if he was the driver at the time of the crash and if he had previously consumed alcohol; defendant was not restrained, and he was not in custody for purposes of Miranda merely because of his legal obligation to stay at the scene, and as his statements were not custodial, Miranda warnings were not necessary. Cain v. State, 2016 Ark. App. 398, 500 S.W.3d 786 (2016).

Sufficiency Review.

Corporal's testimony was substantial evidence that appellant was the driver of the vehicle, as the corporal spoke with the driver and recognized appellant as the driver, nothing contradicted the corporal's identification of appellant, and there could be no inference that appellant was not still the driver at the time of the accident, as a witness testified that he never lost sight of appellant's vehicle during the chase, and thus the court affirmed appellant's conviction for leaving the scene of an accident. Flemons v. State, 2013 Ark. App. 280 (2013).

Appellant's sufficiency argument was preserved only for his conviction of leaving the scene of an accident, as he did not challenge his identity in his directed verdict motion for the fleeing apprehension charge. Flemons v. State, 2013 Ark. App. 280 (2013).

Cited: Benson v. State, 212 Ark. 905, 208 S.W.2d 767 (1948); Tackett v. State, 298 Ark. 20, 766 S.W.2d 410 (1989).

27-53-102. Accidents involving damage only to vehicle or personal property of another person — Removal of vehicle.

    1. The driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by any person or to the personal property of another person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible, and shall immediately return to and remain at the scene of the accident until he or she has fulfilled the requirements of § 27-53-103.
    2. Every stop shall be made without obstructing traffic more than is necessary.
  1. An accident of this nature shall include all accidents that occur upon the streets or highways, upon the parking area of private business establishments, or elsewhere throughout the state.
    1. The driver shall remove his or her vehicle from the roadway, except that the driver may leave the vehicle in the roadway if the vehicle is disabled or there is a visible or apparent injury to a person.
    2. The removal of a vehicle from the roadway under this section shall not constitute an admission of liability nor a waiver of a claim for personal injury.
  2. A person who knowingly violates this section is upon conviction guilty of a:
    1. Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);
    2. Class D felony if the amount of actual damage is ten thousand dollars ($10,000) or more; or
    3. Class B misdemeanor if otherwise committed.

History. Acts 1937, No. 300, § 37; Pope's Dig., § 6695; A.S.A. 1947, § 75-902; Acts 1987, No. 88, § 2; 1987, No. 598, § 1; 2017, No. 615, § 1.

Amendments. The 2017 amendment inserted “or personal property of another person” in the section heading; in (a)(1), inserted “or to the personal property of another person”, substituted “as close to the accident as possible, and” for “as close thereto as possible, but”, and deleted “in every event shall” preceding “remain”; substituted “Every stop” for “Every such stop” in (a)(2); added (d); and made stylistic changes.

27-53-103. Duty to give information, remain at the scene of an accident, and render aid.

    1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving.
    2. Upon request and if available, the driver shall exhibit his or her driver's license or commercial driver's license to the person struck, or the driver or occupant of, or person attending, any vehicle collided with and shall render to any person injured in the accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if transporting is requested by the injured person.
    1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle that is driven or attended by any person shall remain at the scene of the accident for a reasonable time in order to be present if the driver knows that a law enforcement agency was contacted for assistance unless it is necessary for the driver to leave the scene of the accident to render assistance as required by subdivision (a)(2) of this section.
    2. For the purpose of compliance with subdivision (b)(1) of this section, a reasonable time is not less than thirty (30) minutes.

History. Acts 1937, No. 300, § 38; Pope's Dig., § 6696; A.S.A. 1947, § 75-903; Acts 1995, No. 659, § 5; 2007, No. 145, § 1.

Amendments. The 2007 amendment inserted “remain at the scene of an accident” in the section heading; added (b); and redesignated the existing provisions as (a)(1) and (a)(2).

Cross References. Penalty for violation, § 27-53-101(b).

Research References

U. Ark. Little Rock L. Rev.

Breanna Trombley, Note: Criminal Law — No Stitches for Snitches: The Need for a Duty-to-Report Law in Arkansas, 34 U. Ark. Little Rock L. Rev. 813 (2012).

Case Notes

Failure to Comply.

Evidence supported the finding of jury that defendant did not comply with this section and § 27-53-101 where evidence was to the effect that defendant hurriedly left scene of accident before injured person was removed and after being requested not to do so even though his identity was known and others were rendering aid. Barnhill v. State, 247 Ark. 28, 444 S.W.2d 97 (1969).

Trial court did not err in finding that defendant committed two criminal violations by leaving the scene of the accident and driving with a suspended license, § 27-53-101, this section, and § 27-16-303(a)(1), or in revoking defendant's suspended sentence, based on evidence that he struck a pedestrian and left the scene. Jordan v. State, 2009 Ark. App. 859 (2009).

Instructions.

Where driver's failure to give his name and license number and render assistance to persons injured in a collision as required by this section bears no proximate relation to the cause of the collision, instruction on that point is properly refused. Schlosberg v. Doup, 187 Ark. 931, 63 S.W.2d 337 (1933).

Refusal to give instruction setting out § 27-53-101(a) was not prejudicial error where proof showed that the young driver stopped and returned to the scene as soon as he realized what had happened and there was no showing that he failed to satisfy the requirements of this section. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

Defendant was not entitled to have his proffered instruction given to the jury based on the argument that due process required the state to prove that he knew the victim had been injured and that he purposely left the scene knowing that she had been injured as § 27-53-101 did not contain an element regarding defendant's knowledge of a victim's injuries. Stivers v. State, 354 Ark. 140, 118 S.W.3d 558 (2003).

Sufficiency Review.

Corporal's testimony was substantial evidence that appellant was the driver of the vehicle, as the corporal spoke with the driver and recognized appellant as the driver, nothing contradicted the corporal's identification of appellant, and there could be no inference that appellant was not still the driver at the time of the accident, as a witness testified that he never lost sight of appellant's vehicle during the chase, and thus the court affirmed appellant's conviction for leaving the scene of an accident. Flemons v. State, 2013 Ark. App. 280 (2013).

Appellant's sufficiency argument was preserved only for his conviction of leaving the scene of an accident, as he did not challenge his identity in his directed verdict motion for the fleeing apprehension charge. Flemons v. State, 2013 Ark. App. 280 (2013).

27-53-104. Notification if unattended vehicle is struck.

  1. The driver of a vehicle which collides with another vehicle that is unattended shall immediately stop and either locate and notify the operator or owner of the vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name, address, and contact information of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
  2. An accident of this nature shall include all accidents which occur upon the streets or highways, upon the parking area of private business establishments, or elsewhere throughout the state.

History. Acts 1937, No. 300, § 39; Pope's Dig., § 6697; A.S.A. 1947, § 75-904; Acts 1987, No. 88, § 3; 2017, No. 615, § 2.

Amendments. The 2017 amendment, in (a), substituted “another vehicle” for “any vehicle”, deleted “shall then and there” following “stop and”, and substituted “name, address, and contact information” for “name and address”; and made stylistic changes.

27-53-105. Striking fixtures or other property upon highway.

      1. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of the property of that fact and of his or her name and address and of the license plate number of the vehicle he or she is driving.
      2. Reasonable steps may include leaving the person's contact information with the damaged vehicle or personal property if the owner of the damaged vehicle or personal property is not present at the accident.
    1. Upon request and if available, the driver shall exhibit his or her driver's license or commercial driver's license and shall make report of the accident when and as required in § 27-53-202.
  1. An accident of this nature shall include all accidents which occur upon the streets or highways, upon the parking area of private business establishments, or elsewhere throughout the state.

History. Acts 1937, No. 300, § 40; Pope's Dig., § 6698; A.S.A. 1947, § 75-905; Acts 1987, No. 88, § 4; 1995, No. 659, § 6; 2017, No. 615, § 3.

Amendments. The 2017 amendment inserted “or other property” in the section heading; redesignated former (a) as (a)(1)(A) and (a)(2); in (a)(1)(A), inserted “or other property” and substituted “license plate for “registration”; and added (a)(1)(B).

Subchapter 2 — Accident Reports

Cross References. Accident reports, § 27-19-501 et seq.

Preambles. Acts 1953, No. 90 contained a preamble which read:

“Whereas, the Department of Arkansas State Police has been issuing copies of reports covering motor vehicle accidents on the highways of this State; and

“Whereas, the issuing of such reports has become so numerous, and the expense and additional work incident to the preparation and certification of the many thousands of these reports requested annually has become so great, the Department should be reimbursed therefor;

“Now, therefore … .”

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1953, No. 90, § 4: Feb. 18, 1953. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that the Department of State Police is suffering considerable expense as a result of providing photostatic copies of motor vehicle accident reports to various persons, companies and corporations for which no charge is now made, with the result that the work of the Department with respect to highway patrol and its other functions is retarded; therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage and approval.”

Acts 1963, No. 272, § 4: Mar. 18, 1963. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the state of Arkansas that the department of state police is suffering considerable expense as a result of providing photostatic copies of motor vehicle accident reports and records of traffic law violations to various persons, companies and corporations with the result that the work of the department with respect to highway patrol and its other functions is retarded; therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage and approval.”

Acts 2013, No. 1229, § 7: Jan. 1, 2015.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

ALR.

“Amnesty” provision whereby automobile driver leaving scene of accident may report to police within stated time without risk of use of his report against him. 36 A.L.R.4th 907.

Ark. L. Rev.

Constitutional Law — “Hit and Run” Statutes and the Privilege Against Self-Incrimination, 26 Ark. L. Rev. 81.

27-53-201. Penalty.

  1. Any person who fails or refuses to comply with § 27-53-202 or § 27-53-203 shall be punished upon a conviction in the county where the accident occurred by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).
  2. For willful refusal to comply with § 27-53-202 or § 27-53-203, the Commissioner of Motor Vehicles shall revoke the driver's license or commercial driver's license of the person so convicted.

History. Acts 1937, No. 300, § 41; 1949, No. 464, § 1; A.S.A. 1947, § 75-906; Acts 1995, No. 659, § 1.

Case Notes

Refusal to Answer Questions.

Although this section subjects to statutory fine or suspension of license to drive any motorist who fails to render a required automobile accident report, there is no such penalty for a motorist who refuses to answer the questions of the investigating officer. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

27-53-202. Reports of accidents required — Supplemental reports.

  1. The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars ($1,000) or more shall notify the nearest law enforcement agency immediately. All persons involved in the accident shall make themselves readily available to the investigating agency's officer or officers.
      1. In addition to the requirements of subsection (a) of this section, the driver of any taxicab, motor bus, or other motor vehicle carrying passengers for hire involved in an accident resulting in injury to or death of any person shall notify the nearest law enforcement agency immediately.
      2. The driver of any taxicab, motor bus, or other motor vehicle carrying passengers for hire shall make himself or herself readily available to the investigating agency's office or officers.
      1. Except as provided under subdivision (b)(2)(B) of this section, the accident report shall contain a full and complete list of the names and addresses of all passengers occupying the taxicab, bus, or other vehicle at the time of the accident.
      2. The name and address of a minor occupant who is under eighteen (18) years of age shall be included in the report, but the name and address of the minor occupant shall:
        1. Not be open to public inspection under this subchapter or the Freedom of Information Act of 1967, § 25-19-101 et seq., unless the requestor is:
          1. The parent, legal guardian, or legal custodian of the minor occupant; or
          2. A representative of an insurance company that insures a person involved in the accident; and
        2. Be redacted on copies including without limitation written, photostatic, or electronic copies, produced under this subchapter or the Freedom of Information Act of 1967, § 25-19-101 et seq., unless the requestor is identified in subdivision (b)(2)(B)(i) of this section.
  2. The Division of Arkansas State Police may require any driver of a vehicle involved in an accident that must be reported under this section to file supplemental reports whenever the original report is insufficient in the opinion of the division and may require witnesses of an accident to render reports to the division.
  3. [Repealed.]
  4. Information contained in any other accident report is governed by subdivision (b)(2)(B) of this section.

History. Acts 1937, No. 300, § 41; Pope's Dig., § 6699; Acts 1949, No. 464, § 1; A.S.A. 1947, § 75-906; Acts 1989, No. 489, § 1; 1995, No. 570, § 1; 1995, No. 659, § 2; 2003, No. 333, § 1; 2013, No. 1229, §§ 1, 2; 2015, No. 706, § 1.

A.C.R.C. Notes. Subdivision (b)(3) was omitted by Acts 2013, No. 1229, § 1, without being stricken to indicate its repeal.

Amendments. The 2013 amendment added subdivision designations in (b); substituted “himself or herself” for “themselves” in (b)(1)(A); substituted “The accident report” for “Except as provided ... section, the accident report” in present (b)(2)(A); inserted present (b)(2)(B); and added (e).

The 2015 amendment repealed (d).

Research References

U. Ark. Little Rock L. Rev

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Reporting Accidents, 26 U. Ark. Little Rock L. Rev 503.

Case Notes

Driver's Privacy Protection Act.

Unredacted access to certain accident reports should have been granted to an attorney seeking clients for his law practice because the Driver's Privacy Protection Act, 18 U.S.C. §§ 2721–2725, did not prohibit information contained in such reports from being released under the Freedom of Information Act. A vehicle accident report is not included in the definition of a “motor vehicle record,” regardless of whether, as a matter of convenience, some of the information included in an accident report may be taken from or verified by a database maintained by the Office of Motor Vehicles. Moreover, “personal information” does not include information on vehicular accidents. Ark. State Police v. Wren, 2016 Ark. 188, 491 S.W.3d 124 (2016), cert. denied, — U.S. —, 137 S. Ct. 623, 196 L. Ed. 2d 515 (2017).

27-53-203. Incapacity to make report.

  1. Whenever the driver of a vehicle is physically incapable of reporting an accident, as required by § 27-53-202(a), and there was another occupant in the vehicle at the time of the accident capable of making a report, the occupant shall make or cause to be made the report.
  2. Whenever the driver of any taxicab, bus, or other motor vehicle carrying passengers for hire is physically incapable of reporting an accident, as required by § 27-53-202(b), it shall be the duty of the person in charge of the nearest office of the taxicab company, bus company, or other motor vehicle public carrier to make the report or cause it to be made.

History. Acts 1937, No. 300, § 42; Pope's Dig., § 6700; Acts 1949, No. 464, § 2; A.S.A. 1947, § 75-907; Acts 1995, No. 659, § 3.

27-53-204. Coroners to report deaths.

Every coroner, or other official performing like functions, on or before the tenth day of each month, shall report in writing to the Department of Arkansas State Police the death of any person within his or her jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident.

History. Acts 1937, No. 300, § 44; Pope's Dig., § 6702; A.S.A. 1947, § 75-909.

27-53-205. Incorporated municipalities may require reports.

  1. By ordinance, any incorporated city, town, village, or other municipality may require that the driver of a vehicle involved in an accident shall also file with a designated city department a report of the accident or a copy of any report required in this subchapter to be filed with the Department of Arkansas State Police.
  2. All such reports shall be for the confidential use of the city department and subject to the provisions of § 27-53-208.

History. Acts 1937, No. 300, § 47; Pope's Dig., § 6705; A.S.A. 1947, § 75-912.

27-53-206. Approved forms to be used.

    1. The Division of Arkansas State Police shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this subchapter.
      1. The reports shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing, and the persons and vehicles involved.
      2. Every accident report shall include provisions which inquire about whether or not the accident was caused as a result of the driver's lapse of consciousness, epileptic condition, or similar nervous disorder, or an episode of marked mental confusion or as a result of any physical disability, disease, or disorder or any other medical condition of the driver.
  1. Every required accident report shall be made on a form approved by the division.
  2. [Repealed.]

History. Acts 1937, No. 300, § 43; Pope's Dig., § 6701; A.S.A. 1947, § 75-908; Acts 1989, No. 489, § 2; 1995, No. 570, § 2; 2015, No. 706, § 2.

Amendments. The 2015 amendment repealed (c).

27-53-207. Tabulation and analysis.

  1. The Division of Arkansas State Police shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.
  2. After collecting the data required by subsection (a) of this section, the division shall further report to the Arkansas Department of Transportation the data collected and maintained by the division relating to all accidents occurring within the preceding twelve-month period on the state highway system and local roads.

History. Acts 1937, No. 300, § 46; Pope's Dig., § 6704; A.S.A. 1947, § 75-911; Acts 1999, No. 1275, § 1; 2017, No. 618, § 1; 2017, No. 707, § 356.

Amendments. The 2017 amendment by No. 618 rewrote (b).

The 2017 amendment by No. 707, in (b), substituted “Department of Arkansas State Police” for “department” and substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-53-208. Use of accident and supplemental reports.

    1. All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and are for the use of the Division of Arkansas State Police.
      1. The division may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his or her presence at the accident.
      2. Except as provided under § 27-53-202(b)(2)(B), the division may disclose to any person involved in the accident or to his or her attorney or agent the name and address of any occupants and passengers in any of the vehicles involved in the accident as may be shown by the reports.
    1. No report shall be used as evidence in any civil or criminal trial arising out of an accident.
    2. The division shall furnish the report upon the demand of any person who has made or claims to have made the report or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the division solely to prove a compliance or a failure to comply with the requirement that the report be made to the division.

History. Acts 1937, No. 300, § 45; Pope's Dig., § 6703; Acts 1949, No. 464, § 3; A.S.A. 1947, § 75-910; Acts 2013, No. 1229, § 3.

Amendments. The 2013 amendment added subdivision designations in (a)(2); in present (a)(2)(B), substituted “They may disclose” for “Except as provided under § 27-53-202(b)(2)(B), the department may disclose,” “their” for “his or her,” and deleted “and all” following “any.”

Effective Dates. Acts 2013, No. 1229, § 7: Jan. 1, 2015.

Case Notes

Scope of Privilege.

The automobile accident report privilege in subdivision (b)(1) of this section is expressly extended only to the report itself, and does not shield testimony of the investigating officer as to that officer's observations made in preparing his report, including statements made to the officer by the motorist. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

Written Report.

Although subdivision (b)(1) of this section does not expressly refer to a written report, the statute plainly contemplates a writing. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

Cited: Shock v. Tester, 405 F.2d 852 (8th Cir. 1969).

27-53-209. Reports open to public inspection.

Except as provided under § 27-53-202(b)(2)(B), all motor vehicle accident reports made by the Division of Arkansas State Police and its records of traffic violations shall be open to public inspection at all reasonable times.

History. Acts 1953, No. 90, § 1; 1963, No. 272, § 1; A.S.A. 1947, § 75-916; Acts 2013, No. 1229, § 4.

Amendments. The 2013 amendment substituted “All motor vehicle” for “Except as provided under § 27-53-202(b)(2)(B), all motor vehicle.”

Effective Dates. Acts 2013, No. 1229, § 7: Jan. 1, 2015.

Research References

Ark. L. Rev.

Watkins, Access to Public Records Under the Arkansas Freedom of Information Act, 37 Ark. L. Rev. 741.

27-53-210. Copies — Fee.

  1. Except as provided under § 27-53-202(b)(2)(B), photostatic or written copies of reports and records may be obtained from the Director of the Division of Arkansas State Police, or from his or her duly designated assistants, by any person who makes a written request for them to the Division of Arkansas State Police.
    1. In order to partially reimburse the division for the cost of making photostatic or written copies of motor vehicle accident reports and copies of records of traffic violations, there shall be charged a fee of ten dollars ($10.00) for each copy of a basic accident report and a fee of one dollar fifty cents ($1.50) per page for each copy of a supplemental report.
    2. All funds collected under this subsection shall immediately be paid over by the division to the Treasurer of State and shall be credited by him or her as a special revenue to the Division of Arkansas State Police Fund.
    1. In order to partially reimburse county and municipal law enforcement agencies for the cost of making copies of motor vehicle accident reports and copies of records of traffic violations, there shall be charged a fee of ten dollars ($10.00) for each copy of a basic accident report and a fee of one dollar fifty cents ($1.50) per page for each copy of a supplemental report.
    2. All funds collected under this subsection shall be retained by the municipality or county for the support of the law enforcement agency.

History. Acts 1953, No. 90, §§ 1, 2; 1963, No. 272, §§ 1, 2; A.S.A. 1947, §§ 75-916, 75-917; Acts 1993, No. 606, § 1; 2005, No. 2158, § 1; 2013, No. 1229, § 5; 2019, No. 910, § 6049.

Amendments. The 2013 amendment, in (a), substituted “Except as provided under § 27-53-202(b)(2)(B), photostatic or written” for “Photostatic or written” and “person who makes a written request for them to the department” for “person who shall request the Department of Arkansas State Police for them in writing.”

The 2019 amendment, in (a), substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and for “department”; substituted “division” for “Department of Arkansas State Police” in (b)(1) and for the first occurrence in (b)(2); and substituted “Division of Arkansas State Police” for the second occurrence of “Department of Arkansas State Police” in (b)(2).

Effective Dates. Acts 2013, No. 1229, § 7: Jan. 1, 2015.

Research References

Ark. L. Rev.

Watkins, Access to Public Records Under the Arkansas Freedom of Information Act, 37 Ark. L. Rev. 741.

Case Notes

Cited: Southwestern Water Co. v. Merritt, 224 Ark. 499, 275 S.W.2d 18 (1955).

27-53-211. Inspection of accident reports for safety improvements.

    1. It is the duty of the Arkansas Department of Transportation to inspect the data collected and maintained relating to an accident as reported to the department by the Division of Arkansas State Police under § 27-53-207(b).
    2. The inspections shall determine, within the judgment of department personnel, whether safety improvements, increased visibility, warning signs, traffic control devices, or any other safety improvements are necessary which could reduce or prevent the future occurrence of similar accidents at the same locations.
  1. The department shall develop a schedule for and implement those safety improvements considered necessary by the department under subdivision (a)(2) of this section.

History. Acts 1999, No. 1275, § 2; 2017, No. 618, § 2; 2017, No. 707, § 357.

Amendments. The 2017 amendment by No. 618 substituted “reports” for “scenes” in the section heading; redesignated (a) as (a)(1) and (a)(2); in (a)(1), substituted “inspect the data collected and maintained relating to an accident” for “inspect all accident locations on the state highway system in Arkansas” and deleted “where accidents which resulted in a human fatality occurred within the preceding twelve-month period and where two (2) or more accidents involving a personal bodily injury occurred at the same location” at the end; substituted “necessary” for “warranted” in (a)(2); in (b), substituted “considered necessary” for “deemed warranted” and added “under subdivision (a)(2) of this section”; and made stylistic changes.

The 2017 amendment by No. 707 redesignated (a) as (a)(1) and (a)(2); substituted “Department of Transportation” for “State Highway and Transportation Department” throughout the section; and made stylistic changes.

Subchapter 3 — Investigations

Preambles. Acts 1967, No. 246 contained a preamble which read:

“Whereas, the soaring trend in traffic accidents and the resulting deaths, injuries, and damage to property demand an all-out effort to curtail such needless destruction, not only in Arkansas but also throughout the Nation; and

“Whereas, the Congress of the United States has recognized the seriousness of this situation, through the passage of the 1966 Highway Safety Act (Public Law 89-564) to require uniform and orderly measures in each state in an attempt to reduce traffic accidents; and, to assure compliance with the provisions of this Act, has imposed a penalty clause therein which would withhold Federal-aid highway funds from those states that fail to comply with the provisions of the Safety Law; and

“Whereas, the Safety Act specifically calls for an effective system of accident records and of accident investigations to determine probable causes of accidents, injuries, and deaths; and

“Whereas, adequate and full investigation and report of each traffic accident provides a basic source of information necessary to assure adequate enforcement of traffic laws and regulations; and

“Whereas, at the present time the State of Arkansas has no law requiring the investigation and reporting of all traffic accidents;

“Now, therefore….”

Effective Dates. Acts 2013, No. 1229, § 7: Jan. 1, 2015.

Case Notes

Penalty.

Although § 27-53-201 subjects to statutory fine or suspension of license to drive any motorist who fails to render a required automobile accident report, there is no such penalty for a motorist who refuses to answer the questions of the investigating officer. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

Reporting Privilege.

Although § 27-53-208(b)(1) grants the so-called “automobile accident report privilege,” this subchapter contains no such automobile accident report privilege provision. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

27-53-301. Purpose.

The purpose of this subchapter is to promote the public welfare by the reduction of traffic accidents and deaths, injuries, and property damage resulting from accidents and to this end require that all traffic accidents be investigated and reported by qualified law enforcement officers within their jurisdictions.

History. Acts 1967, No. 246, § 1; A.S.A. 1947, § 75-922.

27-53-302. Definitions.

As used in this subchapter, unless the context otherwise requires:

  1. “Investigating officer” means any state, county, or municipal law enforcement official within his jurisdiction;
  2. “Traffic accidents” means accidents occurring to persons, including pedestrians, motor vehicles, and animals, incidental to and as a consequence of the flow of vehicles and pedestrians along the public highways, roads, and streets of Arkansas; and
  3. “Traffic accident report” means the written report required of the investigating officer, including any later supplements, which describes the site, location, and manner of occurrence of the accident, the persons and vehicles involved, and any other pertinent data that may be useful in the determination of the causes of the accident.

History. Acts 1967, No. 246, § 2; A.S.A. 1947, § 75-923.

27-53-303. Jurisdiction and responsibilities of law enforcement officers.

  1. Within their jurisdictions, and cooperatively in overlapping jurisdictional situations such as the state highway extensions within municipal corporations, law enforcement officers of Arkansas are declared to be responsible for the investigation and reporting of all traffic accidents and the deaths, injuries, and property damage resulting therefrom.
  2. These responsibilities shall be generally as outlined:
    1. The federal interstate system — The Department of Arkansas State Police;
    2. The state highway system — The Department of Arkansas State Police and, within municipal corporations, the municipal police, except that the Department of Arkansas State Police may investigate accidents on all streets, county roads, and state highways;
    3. The municipal streets within the boundaries of a municipal corporation which are not a part of the state highway system — The municipal police in cities of the first and second class and the municipal police or the county sheriff's department in all other municipalities; and
    4. The county road system — The sheriff of that county.
  3. The responsible investigating office shall make the investigation with all possible promptness, and the investigating officer shall file the report with the Department of Arkansas State Police within five (5) days subsequent to the actual investigation.
  4. In all traffic accidents involving motorcycles, motor-driven cycles, motorized bicycles, or any other two-wheeled or three-wheeled motor vehicle, all traffic accident reports filed with the Department of Arkansas State Police shall be supplemented with a motorcycle traffic accident report.

History. Acts 1967, No. 246, § 3; A.S.A. 1947, § 75-924; Acts 1989, No. 489, § 3.

27-53-304. Report forms.

  1. All traffic accident investigation reports shall be made upon forms prescribed, approved, and supplied by the Division of Arkansas State Police, with the concurrence of the Arkansas Department of Transportation.
  2. [Repealed.]

History. Acts 1967, No. 246, § 4; A.S.A. 1947, § 75-925; Acts 1989, No. 489, § 4; 2015, No. 706, § 3; 2017, No. 707, § 358.

Amendments. The 2015 amendment repealed (b).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-53-305. Reports to be public records.

  1. Except as provided under § 27-53-202(b)(2)(B), all traffic accident investigating officers' reports are public records and open to public inspection at all reasonable times.
  2. Photostatic or written copies of the reports may be obtained from the Division of Arkansas State Police in the same manner and for the same fees as prescribed by § 27-53-210 for the motor vehicle accident reports made by members of the division.

History. Acts 1967, No. 246, § 5; A.S.A. 1947, § 75-926; Acts 2013, No. 1229, § 6.

Amendments. The 2013 amendment, in (a), substituted “Except as provided under § 27-53-202(b)(2)(B), all traffic accident” for “All traffic accident” and “reports are public” for “reports shall be public.”

Effective Dates. Acts 2013, No. 1229, § 7: Jan. 1, 2015.

27-53-306. Notification to landowners.

In instances where a motor vehicle leaves a road or highway and damages the fence or other attachment to real property, the investigating officer shall notify the landowner of the accident and damage.

History. Acts 1981, No. 498, § 1; A.S.A. 1947, § 75-929.

27-53-307. Accident response service fee.

  1. As used in this section:
    1. “Accident response service fee” means a fee imposed for the response or investigation of a motor vehicle accident by a law enforcement agency; and
    2. “Entity” means:
      1. The state;
      2. A political subdivision of the state, including:
        1. A county;
        2. A city;
        3. A borough;
        4. An incorporated town;
        5. A township; or
        6. A home-ruled municipality; and
      3. Any governmental entity or agency or department of a governmental entity or agency.
  2. Notwithstanding any provision of law to the contrary, a person or entity shall not impose an accident response service fee on or from an insurance company, the driver or owner of a motor vehicle, or any other person.

History. Acts 2009, No. 973, § 1.

Subchapter 4 — Damage Claims

Preambles. Acts 1963, No. 199 contained a preamble which read:

“Whereas, automobile dealers perform a great service to the State of Arkansas by furnishing motor vehicles for use in drivers education program; and

“Whereas, automobile dealers may presently be held liable for the consequences of any accident involving the dealer-owned motor vehicle during its use in the drivers education program; and

“Whereas, exemption from legal liability would encourage future participation by automobile dealers in the drivers education programs of the public schools of this State;

“Now, therefore….”

Effective Dates. Acts 1957, No. 283, § 4: Mar. 27, 1957.

Acts 1963, No. 199, § 3: Mar. 8, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the furnishing of automobiles to public schools in this State by automobile dealers has resulted in significant savings in funds to such public schools; that every effort shall be made to encourage automobile dealers to make available automobiles to public schools to be used in driver education and other essential programs of such schools; and, it being determined that the immediate passage of this act is necessary in order to encourage the loaning of such automobiles to such public schools since it is hereby determined by the General Assembly that the possibility of damage suits arising out of the use of such automobiles while under control of the public schools jeopardizes the willingness of automobile dealers to make such automobiles available to such schools. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-53-401. Measure of damages to motor vehicles.

In all cases involving damage to motor vehicles, the measure of damages shall be the difference between the value of the vehicle immediately before the damage occurred and the value after the damage occurred, plus a reasonable amount of damages for loss of use of the vehicle.

History. Acts 1975, No. 643, § 1; A.S.A. 1947, § 75-919.1.

Case Notes

In General.

The owner's testimony of the value of a car before and after an accident, plus the introduction into evidence of three repair estimates, complied with the requirements of former similar statute; the fact that the car was never repaired was immaterial. Stipp v. Jenkins, 239 Ark. 15, 386 S.W.2d 695 (1965) (decision under prior law).

The trial court erred in refusing to grant the defendants a directed verdict on the issue of property damages where the plaintiff only proved the value of his car before the motor vehicle accident, but failed to prove the value of his car after the damage occurred. Martin v. Rieger, 289 Ark. 292, 711 S.W.2d 776 (1986).

The measure of damages to automobiles is the difference in the fair market value of the automobile before and immediately after an accident; when proving damages for property that was not a total loss, the difference in fair market value may be established by the reasonable cost of repairing the damaged property. Zhan v. Sherman, 323 Ark. 172, 913 S.W.2d 776 (1996).

Applicability.

This section makes no mention of loss of use being limited to vehicles which are only partially damaged, nor does it purport to exclude recovery when a vehicle is totally destroyed, or limit its application to commercial vehicles. Fryar v. Sanders, 301 Ark. 379, 784 S.W.2d 168 (1990).

Amount Paid for Repairs.

In the absence of other competent proof of market value, the difference in market value before and after a collision may be established by showing the amount paid in good faith for the repairs that were necessitated by the collision. Sipes v. Munro, 287 Ark. 244, 697 S.W.2d 905 (1985).

Cost of Repair Estimates.

Where there was no testimony on the value of the truck that was involved in a collision with a cow and there was also no direct testimony about what damage was done to the truck, the trial court erred in awarding damages which were solely based on two estimates by two mechanics on the cost of repairs. Daughhetee v. Shipley, 282 Ark. 596, 669 S.W.2d 886 (1984).

27-53-402. Failure to pay small damage claims.

  1. In all cases wherein loss or damage occurs to property resulting from motor vehicle collision amounting to one thousand dollars ($1,000) or less, and the defendant liable, without meritorious defense, shall fail to pay the loss or damage within sixty (60) days after written notice of the claim has been received, then the defendant shall be liable to pay the person entitled thereto double the amount of the loss or damage, together with a reasonable attorney's fee, which shall not be less than two hundred fifty dollars ($250), and court costs.
  2. This liability, which is limited to damage to property, attaches when liability is denied and suit is filed.

History. Acts 1957, No. 283, § 1; 1981, No. 800, § 1; A.S.A. 1947, § 75-918; Acts 1987, No. 70, § 1.

Case Notes

Attorney's Fees.

Trial court did not abuse its discretion as to the amount of the attorney's fee awarded to a car owner on the owner's small-claims judgment for property damage incurred in a motor-vehicle accident because the court found a lack of credibility in the testimony by the owner's attorney that all of the claimed time for the attorney's fee was exclusively for the property damage aspect of the case. Moreover, the court found no evidence that the case precluded the attorney from any other employment or from accepting new cases. Bateman v. Heird, 2015 Ark. App. 524, 472 S.W.3d 142 (2015).

Evidence of Notice.

A carbon copy of a letter written to defendant which was introduced into evidence constituted substantial evidence of the 60-day notice required by this section. Stipp v. Jenkins, 239 Ark. 15, 386 S.W.2d 695 (1965).

Liability Imposed.

Where plaintiff sued and recovered verdict in the sum of $150 under this section authorizing imposition of double liability where defendant without meritorious defense fails to pay after written notice of claim for property damage in motor vehicle collision, defendant was subject to penalty of $150, plus attorney's fees, where he had not made timely response to letter in which plaintiff claimed damages of $115. Hoover v. Garrison, 239 Ark. 899, 395 S.W.2d 19 (1965).

Measure of Damages.

Where repair bill reflected the labor and material used for repairs made necessary by a collision, it was sufficient, when considered with testimony of plaintiff motorist, himself an automobile mechanic, as to the specific replacements and repair work made on his automobile, as prima facie case for jury that cost of repairs equalled recoverable damages. Slaughter v. Barrett, 239 Ark. 957, 395 S.W.2d 552 (1965).

Repair estimates are merely evidence to be considered in determining the value of a vehicle before and after an accident and the fact that they exceed $200 (now $300) does not authorize a court to strike a request for double damages and attorney's fee from plaintiff's complaint. Rouse v. Weston, 243 Ark. 396, 420 S.W.2d 83 (1967) (decision prior to 1981 amendment).

Where plaintiff sought to recover $101 for damage done to his station wagon in a parking lot incident, but where there was considerable difference of opinion among witnesses as to whether damages shown on the repair estimate were caused by the incident or a prior accident, the trial court did not err in awarding to plaintiff only $50.00 in damages and in refusing to assess double damages and attorney's fees. Bullon v. Monroe, 260 Ark. 221, 539 S.W.2d 434 (1976).

Reduction of Claim.

A claimant whose damages exceed $200 (now $300) may not, by reducing his claim to that amount, bring it under this section. Rouse v. Weston, 243 Ark. 396, 420 S.W.2d 83 (1967) (decision prior to 1981 amendment).

“Without Meritorious Defense.”

The provision relative to failure to pay claim within 60 days “without meritorious defense“ relates not to issue of ultimate liability but to the failure to pay the claim within 60 days after notice and, apparently, was inserted to provide for those instances where defendant had a valid excuse for not paying within 60 days, such as failure of his insurance carrier to process the claim within that period. Ford v. Markham, 235 Ark. 1025, 363 S.W.2d 926 (1963).

Good faith belief of defendant that he was not negligent was not a “meritorious defense” to his failure to pay plaintiff's damages within 60 days. Coudret v. Sanders, 244 Ark. 995, 428 S.W.2d 243 (1968).

A determination by the fact finder that the actual loss or damage is less than the amount demanded presents defendant with a “meritorious defense” that will defeat the penalty provisions of this section. Bullon v. Monroe, 260 Ark. 221, 539 S.W.2d 434 (1976).

Although the circuit court properly recognized that this section mandated that plaintiff be awarded a reasonable attorney's fee after defendant failed to put forth a meritorious defense showing why payment of plaintiff's small claim was not made within the 60 days allowed under this section, the circuit court abused its discretion by deciding on the amount of the attorney's fee before giving plaintiff the opportunity he requested to submit a fee petition, and by reiterating its decision without further explanation even after the fee petition was submitted. Bateman v. Heird, 2013 Ark. App. 671 (2013).

Cited: Downs v. Reed, 247 Ark. 588, 446 S.W.2d 657 (1969); Cureton v. Frierson, 41 Ark. App. 196, 850 S.W.2d 38 (1993).

27-53-403. Payment of damage claim not admissible in personal injury action.

The fact of payment of any property damage claim under this subchapter is not admissible in evidence, nor shall it be referred to in any way in any personal injury action arising from the same accident.

History. Acts 1957, No. 283, § 3; A.S.A. 1947, § 75-920.

Cross References. Inadmissibility of settlement or payment of medical expenses. Arkansas Rules of Evidence 408, 409.

Case Notes

Cited: Ford v. Markham, 235 Ark. 1025, 363 S.W.2d 926 (1963).

27-53-404. Liability coverage for dealer vehicles used in driver education required.

  1. No automobile dealer who furnishes a motor vehicle to the public schools of this state for use in a driver education program shall be held legally responsible for any injuries or property damages which result from an accident involving the dealer-owned motor vehicle during its use in a driver education program.
    1. Any school district in this state using any such automobile in a driver education program shall purchase liability insurance covering the operation of the vehicle.
    2. The liability insurance shall be at least within the minimum requirements of the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

History. Acts 1963, No. 199, § 1; A.S.A. 1947, § 75-921.

27-53-405. Funeral homes not liable for acts of private vehicle operators.

  1. It is the purpose and intent of this section to permit funeral homes to attach magnetic signs, pennants, or other identifying signs to privately owned automobiles in a funeral procession to identify the vehicles as part of the procession without assuming any liability or responsibility for acts of the operators of the private vehicles.
  2. The operator of a private vehicle in a funeral procession who is not an employee of the funeral home in charge of the procession shall not be deemed to be an agent of the funeral home. The funeral home in charge of the procession shall not be liable for any action of the operator, notwithstanding the fact that the funeral home may have attached some form of temporary identification to the vehicle to indicate that the vehicle is a part of a funeral procession.

History. Acts 1973, No. 459, §§ 1, 2; A.S.A. 1947, §§ 75-927, 75-928.

Chapter 54 Nonresident Violator Compact

Effective Dates. Acts 1985, No. 209, § 2: Jan. 1, 1986.

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Criminal Law, 8 U. Ark. Little Rock L.J. 559.

27-54-101. Adoption of compact.

The Nonresident Violator Compact of 1977, as amended and in effect on January 1, 1985, hereinafter called “the compact,” is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

ARTICLE I Findings, Declaration of Policy and Purpose

  1. The party jurisdictions find that:
    1. In most instances, a motorist who is cited for a traffic violation in a jurisdiction other than his home jurisdiction:
      1. Must post collateral or bond to secure appearance for trial at a later date; or
      2. If unable to post collateral or bond, is taken into custody until the collateral or bond is posted; or
      3. Is taken directly to court for his trial to be held.
    2. In some instances, the motorist's driver's license may be deposited as collateral to be returned after he has complied with the terms of the citation.
    3. The purpose of the practices described in paragraphs (1) and (2) above is to ensure compliance with the terms of a traffic citation by the motorist who, if permitted to continue on his way after receiving the traffic citation, could return to his home jurisdiction and disregard his duty under the terms of the traffic citation.
    4. A motorist receiving a traffic citation in his home jurisdiction is permitted, except for certain violations, to accept the citation from the officer at the scene of the violation and to immediately continue on his way after promising or being instructed to comply with the terms of the citation.
    5. The practice described in paragraph (1) above causes unnecessary inconvenience and, at times, a hardship for the motorist who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some arrangement can be made.
    6. The deposit of a driver's license as a bail bond, as described in paragraph (2) above, is viewed with disfavor.
    7. The practices described herein consume an undue amount of law enforcement time.
  2. It is the policy of the party jurisdictions to:
    1. Seek compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles in each of the jurisdictions.
    2. Allow motorists to accept a traffic citation for certain violations and proceed on their way without delay whether or not the motorist is a resident of the jurisdiction in which the citation was issued.
    3. Extend cooperation to its fullest extent among the jurisdictions for obtaining compliance with the terms of a traffic citation issued in one jurisdiction to a resident of another jurisdiction.
    4. Maximize effective utilization of law enforcement personnel and assist court systems in the efficient disposition of traffic violations.
  3. The purpose of this compact is to:
    1. Provide a means through which the party jurisdictions may participate in a reciprocal program to effectuate the policies enumerated in paragraph (b) above in a uniform and orderly manner.
    2. Provide for the fair and impartial treatment of traffic violators operating within party jurisdictions in recognition of the motorist's right of due process and the sovereign status of a party jurisdiction.

ARTICLE II Definitions

  1. In the Nonresident Violator Compact, the following words have the meaning indicated, unless the context requires otherwise:
    1. “Citation” means any summons, ticket, or other official document issued by a police officer for a traffic violation containing an order which requires the motorist to respond.
    2. “Collateral” means any cash or other security deposited to secure an appearance for trial, following the issuance by a police officer of a citation for a traffic violation.
    3. “Compliance” means the act of answering a citation, summons, or subpoena through appearance at court, a tribunal, and/or payment of fines and costs.
    4. “Court” means a court of law or traffic tribunal.
    5. “Driver's license” means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
    6. “Home jurisdiction” means the jurisdiction that issued the driver's license of the traffic violator.
    7. “Issuing jurisdiction” means the jurisdiction in which the traffic citation was issued to the motorist.
    8. “Jurisdiction” means a state, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Provinces of Canada, or other countries.
    9. “Motorist” means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.
    10. “Personal recognizance” means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.
    11. “Police officer” means any individual authorized by the party jurisdiction to issue a citation for a traffic violation.
    12. “Terms of the citation” means those options expressly stated upon the citation.

ARTICLE III Procedure for Issuing Jurisdiction

  1. When issuing a citation for a traffic violation, a police officer shall issue the citation to a motorist who possesses a driver's license issued by a party jurisdiction and shall not, subject to the exceptions noted in paragraph (b) of this article, require the motorist to post collateral to secure appearance, if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.
  2. Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it should take place immediately following issuance of the citation.
  3. Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued. The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the Compact Manual as minimum requirements for effective processing by the home jurisdiction.
  4. Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist, the information in a form and content as contained in the Compact Manual.
  5. The licensing authority of the issuing jurisdiction need not suspend the privilege of a motorist for whom a report has been transmitted.
  6. The licensing authority of the issuing jurisdiction shall not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.
  7. The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two (2) jurisdictions affected.

ARTICLE IV Procedure for Home Jurisdiction

  1. Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction shall notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority. Due process safeguards will be accorded.
  2. The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the Compact Manual.

ARTICLE V Applicability of Other Laws

Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party jurisdiction to apply any of its other laws relating to license to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangements between a party jurisdiction and a nonparty jurisdiction.

ARTICLE VI Compact Administrator Procedures

  1. For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a Board of Compact Administrators is established. The board shall be composed of one representative from each party jurisdiction to be known as the compact administrator. The compact administrator shall be appointed by the jurisdiction executive and will serve and be subject to removal in accordance with the laws of the jurisdiction he represents. A compact administrator may provide for the discharge of his duties and the performance of his functions as a board member by an alternate. An alternate may not be entitled to serve unless written notification of his identity has been given to the board.
  2. Each member of the Board of Compact Administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of votes on the board are cast in favor. Action by the board shall be only at a meeting at which a majority of the party jurisdictions are represented.
  3. The board shall elect annually, from its membership, a chairman and vice chairman.
  4. The board shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party jurisdiction, for the conduct of its business and shall have the power to amend and rescind its bylaws.
  5. The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any jurisdiction, the United States, or any other governmental agency, and may receive, utilize, and dispose of the same.
  6. The board may contract with, or accept services or personnel from any governmental or intergovernmental agency, person, firm, or corporation, or any private nonprofit organization or institution.
  7. The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in the Compact Manual.

ARTICLE VII Entry into Compact and Withdrawal

  1. This compact shall become effective when it has been adopted by at least two (2) jurisdictions.
    1. Entry into the compact shall be made by a resolution of ratification executed by the authorized officials of the applying jurisdiction and submitted to the chairman of the board.
    2. The resolution shall be in a form and content as provided in the Compact Manual and shall include statements that in substance are as follows:
      1. A citation of the authority by which the jurisdiction is empowered to become a party to this compact.
      2. Agreement to comply with the terms and provisions of the compact.
      3. That compact entry is with all jurisdictions then party to the compact and with any jurisdiction that legally becomes a party to the compact.
    3. The effective date of entry shall be specified by the applying jurisdiction, but it shall not be less than sixty (60) days after notice has been given by the chairman of the Board of Compact Administrators or by the secretariat of the board to each party jurisdiction that the resolution from the applying jurisdiction has been received.
  2. A party jurisdiction may withdraw from this compact by official written notice to the other party jurisdictions, but a withdrawal shall not take effect until ninety (90) days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member jurisdiction. No withdrawal shall affect the validity of this compact as to the remaining party jurisdictions.

ARTICLE VIII Exceptions

The provisions of this compact shall not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.

ARTICLE IX Amendments to the Compact

  1. This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the Board of Compact Administrators and may be initiated by one or more party jurisdictions.
  2. Adoption of an amendment shall require endorsement of all party jurisdictions and shall become effective thirty (30) days after the date of the last endorsement.
  3. Failure of a party jurisdiction to respond to the compact chairman within one hundred twenty (120) days after receipt of the proposed amendment shall constitute endorsement.

ARTICLE X Construction and Severability

This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party jurisdiction or of the United States or the applicability thereof to any government agency, person, or circumstance, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any jurisdiction party thereto, the compact shall remain in full force and effect as to the remaining jurisdictions and in full force and effect as to the jurisdiction affected as to all severable matters.

ARTICLE XI Title

This compact shall be known as the “Nonresident Violator Compact of 1977”.

History. Acts 1985, No. 209, § 1; A.S.A. 1947, § 75-2701.

Chapters 55-63 [Reserved.]

[Reserved]

Subtitle 5. Highways, Roads, And Streets

Chapter 64 General Provisions

Preambles. Acts 1929, No. 205 contained a preamble which read:

“Whereas, in many cases land owners are asking for lands required for right-of-ways for state highways, a price far in excess of the value of the lands; and

“Whereas, in a few cases the county courts have refused to procure needed right-of-way….”

Effective Dates. Acts 1895, No. 74, § 4: effective on passage.

Acts 1929, No. 205, § 4: approved Mar. 27, 1929. Emergency clause provided: “It is hereby ascertained and declared that the inability to secure right-of-ways for state highways and excessive cost thereof is delaying the completion of our state highway system; that the improving of our state highway system is necessary for the safety of the traveling public, so that the immediate operation of this act is essential for the protection of the public safety and an emergency is therefore declared and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 3, §§ 9A, 10: Feb. 1, 1933. Emergency clause provided: “That owing to the disastrous state of its fiscal affairs and the present uncertainty of the authority and control of the State Highway Department, the immediate necessity for setting up the proper maintenance program to preserve the millions of dollars invested in State Highways and the widespread unemployment which can be relieved in part by the proper maintenance program and by the use of available Federal funds for new highway construction, it is imperative that a new body be placed in control of the affairs of the State Highway Department and that this act become effective without delay in order to preserve the peace, and safety of the public, therefore an emergency is declared to exist, and this law shall take effect and be in force from and after its passage and approval.” Approved Jan. 27, 1933.

Acts 1967, No. 405, § 3: Mar. 16, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the State does not have laws authorizing the State Highway department, counties, cities or towns to enter into leases, contracts or agreements with private property owners with respect to the use of the air rights over and above such state highways, county roads, or streets of cities and towns, and that he immediate passage of this act is necessary in order to permit leases, contracts or agreements with respect to the use thereof by owners of private property. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Subchapter 1 — Miscellaneous Provisions

A.C.R.C. Notes. Due to the enactment of subchapter 2 by Acts 1999, No. 1027, the existing provisions of this chapter have been designated as subchapter 1.

27-64-101. Air rights over highways, roads, and streets — Agreements with private property owners.

The following are authorized to enter into leases, contracts, or other agreements with the owners of private property with respect to the owners' use of air rights over and above state highways, county roads, or streets of cities or towns, so long as the leases, contracts, or agreements do not impair the public use thereof and are not in violation of any federal requirement with respect to any federal-aid funds involved in the construction or improvement of the highways, roads, or streets:

  1. The Arkansas Department of Transportation with respect to state highways;
  2. The county court of each county with respect to county roads of each respective county; and
  3. The governing bodies of cities and towns in this state with respect to city streets, alleys, and other public easements of cities and towns.

History. Acts 1967, No. 405, § 1; A.S.A. 1947, § 76-137; Acts 2017, No. 707, § 359.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (1).

Case Notes

Cited: City of Little Rock v. Linn, 245 Ark. 260, 432 S.W.2d 455 (1968).

27-64-102. Gates and cattle guards.

  1. Whenever any landowner of this state shall present proof to the county court that his or her land is located in a section where the land is subject to overflow, upon a proper order being entered, the landowner shall be permitted to construct a gate or cattle guard across any road traversing such lands.
  2. Before any order is entered under the provisions of this section, notice shall be given of the intention to file a petition by the landowner by inserting a notice in some newspaper in the county at least twenty (20) days before hearing is had upon the petition.
  3. Petition for a permit to construct a gate or cattle guard under this section shall be verified and supported by affidavits of at least three (3) qualified electors living near the land affected that the lands are subject to overflow and that the road referred to is a road that is not paved or a state road in the highway system and will not greatly inconvenience the traveling public.
  4. No gate or cattle guard under the provisions of this section shall be permitted or authorized which will greatly inconvenience large numbers of the traveling public, or over or across a state road in the highway system or a paved road. If after the gate or cattle guard is permitted, proof is shown that it is a hazard to the traveling public, it must be ordered removed.
  5. The order of the court shall be a complete defense against any charge or indictment of the owner for obstructing the public highway by the erection and maintaining of a gate.
  6. Any person who shall willfully leave open any gate erected and constructed in compliance with this section, which gate has been kept and maintained in good order and repair, shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not more than ten dollars ($10.00) for each offense.

History. Acts 1895, No. 74, § 3, p. 98; 1899, No. 180, § 1, p. 317; C. & M. Dig., § 5254; Acts 1937, No. 383, §§ 1-4; Pope's Dig., §§ 6978-6982; A.S.A. 1947, §§ 76-113 — 76-117.

Case Notes

Private Roads.

This section does not apply to private roads which the public uses by mere license. Pierce v. Jones, 207 Ark. 139, 179 S.W.2d 454 (1944).

Cited: Missouri Pac. R.R. v. Stroupe, 237 Ark. 464, 373 S.W.2d 709 (1963).

27-64-103. Mowing, installing, and maintaining sprinkler system on rights-of-way by adjoining landowner.

    1. The owners of properties which abut the right-of-way of interstate, federal-aid primary, state, or county roads or highways in this state may enter upon and mow grass, weeds, and other vegetation on the portion of the right-of-way adjoining the property unless the Arkansas Department of Transportation or the county has installed barriers designed to prohibit entry or unless the property owner has received notice from the department or the county restricting or prohibiting mowing grass, weeds, and other vegetation.
    2. The owner of a property which abuts a right-of-way of a state highway may, upon receipt of a permit from the department, install, use, and maintain a sprinkler system on the portion of the right-of-way adjoining the property unless the department has installed a barrier designed to prohibit entry.
  1. If an owner elects to mow grass, weeds, or other vegetation or installs, uses, or maintains a sprinkler system on the right-of-way adjoining his or her property, the owner shall do so at the owner's own risk and shall have no right or claim for damages against the department or any political subdivision of this state for loss of life, injury, or damage to his or her property while engaged in the mowing activity, or the installation, use, or maintenance of the sprinkler system.
  2. Subject to the limitations of subsections (a) and (b) of this section, the owner shall:
    1. Mow the grass, weeds, or other vegetation and install, use, and maintain the sprinkler system in a manner that does not obstruct or pose danger to motorists in their lawful use of the public road or highway; and
    2. Be liable for any loss, injury, or damage to the life, person, or property of others that is caused by any negligence in connection with mowing grass, weeds, or other vegetation or installing, using, or maintaining the sprinkler system on the highway right-of-way.

History. Acts 1983, No. 661, § 1; A.S.A. 1947, § 76-145; Acts 2015, No. 963, § 1; 2017, No. 707, § 360.

Amendments. The 2015 amendment inserted “installing, and maintaining sprinkler system” in the section heading; redesignated and rewrote former (a) as (a)(1); added (a)(2); and rewrote (b) and (c).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

27-64-104. Priority of cases.

All cases involving the validity of this act or any portion thereof, or in any way arising under this act, shall be deemed of public interest and shall be advanced by all courts and disposed of at the earliest possible moment. Appeals from judgments or decrees involving the validity of this act or any portion thereof must be taken and perfected within thirty (30) days after the rendition of the judgment or decree.

History. Acts 1929, No. 65, § 73; 1929, No. 205, § 3; 1933, No. 3, § 9; Pope's Dig., §§ 6484, 6919, 6964; A.S.A. 1947, §§ 76-208, 76-512, 76-519.

Publisher's Notes. Acts 1933, No. 3, § 7, provided in part that the act was amendatory of and cumulative to other laws relating to the Arkansas State Highway and Transportation Department.

Meaning of “this act”. Acts 1929, No. 65, codified as §§ 26-55-101, 27-14-305, 27-14-601, 27-15-1501 [repealed], 27-64-104, 27-65-101, 27-65-107, 27-65-110, 27-65-112, 27-65-13127-65-133, 27-67-101, 27-67-102, 27-67-201, 27-67-20627-67-208, 27-67-211, 27-67-214, 27-67-218.

Acts 1929, No. 205, codified as §§ 27-64-104, 27-67-316, 27-67-320.

Acts 1933, No. 3, codified as §§ 27-64-104, 27-65-123, 27-65-129.

Cross References. Precedence of condemnation proceedings, § 27-67-310.

Subchapter 2 — Arkansas Highway Financing Act of 1999

Publisher's Notes. The Arkansas Highway Financing Act of 1999 was submitted to the voters on June 15, 1999 and passed with a vote of: 109,680 for and 28,419 against.

Effective Dates. Acts 1999, No. 1027, § 18: Apr. 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that there is an immediate need for the construction, reconstruction and renovation of highways and roads comprising the U.S. Interstate system within the State of Arkansas and that such a program cannot be accomplished without the issuance of bonds secured by federal highway assistance payments to finance the program. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-64-201. Title.

This subchapter may be referred to and cited as the “Arkansas Highway Financing Act of 1999”.

History. Acts 1999, No. 1027, § 1.

27-64-202. Legislative findings.

  1. The General Assembly of the State of Arkansas has determined that there is an immediate need for highway improvements as defined in this subchapter throughout the State of Arkansas in order to provide for the health, safety, and welfare of its citizens and to promote economic development within the state.
  2. The General Assembly has determined that current funding sources for highway improvements are inadequate to meet the needs of the state and that the best way to accomplish such improvements expeditiously is through the issuance of federal highway grant anticipation and tax revenue bonds to finance such highway improvements.
  3. The General Assembly has further determined that the bonds should be payable from certain designated revenues, including federal highway assistance funding and the proceeds of an increase in the excise tax on diesel fuel and that the repayment of such bonds should also be guaranteed by the full faith and credit of the state.

History. Acts 1999, No. 1027, § 1.

27-64-203. Definitions.

The following terms, as used in this subchapter, shall have the meanings set forth in this section:

  1. “Act” means this Arkansas Highway Financing Act of 1999;
  2. “Bonds” means the “State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds” or “GARVEE bonds”, as authorized in this subchapter;
  3. “Commission” means the State Highway Commission, created and existing pursuant to Arkansas Constitution, Amendment 42;
  4. “Debt service” means all amounts required for the payment of principal, interest on, and premium, if any, due with respect to the bonds in any fiscal year along with all associated costs, including the fees and costs of paying agents and trustees, remarketing agent fees, credit enhancement costs, and other amounts necessary in connection with the bonds;
  5. “Designated revenues” means:
    1. That portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998; and
    2. Revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201 and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201 and § 26-55-1006; and
  6. “Highway improvements” or “highway improvement projects” means restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or right-of-way under the jurisdiction of the commission and shall also include the acquisition, construction, reconstruction, and renovation of such interstate system and facilities appurtenant or pertaining thereto.

History. Acts 1999, No. 1027, § 2; 2011, No. 752, § 3.

Amendments. The 2011 amendment substituted “§ 27-70-207(d)” for “§ 27-70-207(c)” in (5)(B).

27-64-204. Authorization — Purposes.

The State Highway Commission is hereby authorized, subject to the approval of the voters in a statewide election, to issue bonds to be known as State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000) for the purpose of:

  1. Accelerating certain highway improvement projects already underway or scheduled;
  2. Funding new highway improvement projects;
  3. Financing the restoration, reconstruction, and renovation of highway improvements within the State of Arkansas; and
  4. Paying the costs of issuance of the bonds, including the costs of bond issuance or other credit enhancement.

History. Acts 1999, No. 1027, § 3.

27-64-205. Projects to be financed.

  1. The State Highway Commission shall prepare and distribute to the Governor a report setting forth the specific highway improvement projects which would be financed if all of the authorized bonds were to be issued and the estimated cost of each project.
  2. Upon receipt of the report described in subsection (a) of this section, the Governor shall, if he or she deems it to be in the public interest, by proclamation call an election on the question of issuing the bonds.
  3. The report of projects described in subsection (a) of this section may be modified by the commission from time to time in accordance with Arkansas Constitution, Amendment 42.

History. Acts 1999, No. 1027, § 4.

27-64-206. Election.

  1. Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide special election called by proclamation of the Governor in accordance with § 7-11-201 et seq.
      1. Notice of such election shall be published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to such election.
      2. Notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to such election.
      1. The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the form set forth herein:
      2. The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. Pursuant to this subchapter, the “Bond Act”, the bonds will be repaid first from revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and, second, from revenue derived from the increase in the excise tax levied on distillate special fuels and diesel pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with §§ 26-56-201(f) and 26-55-1006(d). To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in this subchapter.
      3. Pursuant to this subchapter, the specific highway improvements to be financed are limited to restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission, which shall also include the acquisition, construction, reconstruction, and renovation of such interstate highway systems and facilities appurtenant or pertaining thereto.
      4. Pursuant to this subchapter, “designated revenues” are defined as that portion designated by the commission of all funds received or to be received from the federal government of the United States as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d). Designated revenues shall not include the revenues derived from the increase in tax on motor fuel, gasoline, resulting from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005, 26-55-1006, 26-56-201, and 27-72-305. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds. Pursuant to § 26-56-201, the excise tax on distillate special fuels, in addition to the taxes levied pursuant to §§ 26-56-201, 26-56-502, and 26-56-601, will increase by two cents (2¢) per gallon on April 1, 1999, and the additional tax levied by § 26-56-201(e) shall increase to four cents (4¢) per gallon on the first anniversary of such date.
    1. The ballot title shall be “Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas.”
    2. On each ballot there shall be printed the title, the proposition set forth in § 27-64-206(b)(2) of this section, and the following:
    1. The county boards of election commissioners in each of the several counties of the state shall hold and conduct the election, and each such board is hereby authorized and directed to take such action with respect to the appointment of election officials and such other matters as are required by the laws of the state. The vote shall be canvassed and the result thereof declared in each county by such boards.
    2. Within ten (10) days after the date of the election, the results shall be certified by such county boards to the Secretary of State, who shall forthwith tabulate all returns so received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.
    1. The result of the election shall be proclaimed by the Governor by the publication of such proclamation one (1) time in a newspaper of general circulation in the State of Arkansas.
    2. The results as proclaimed shall be conclusive unless a complaint challenging such results is filed within thirty (30) days after the date of such publication in the Pulaski County Circuit Court.
    1. If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the commission shall proceed with the issuance of bonds in the manner and on the terms set forth in this subchapter.
    2. If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall be issued.
  2. Subsequent elections may be called by the Governor if the proposition fails, but each such subsequent election may be held no earlier than six (6) months after the date of the preceding election.

“Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the “Bonds”) in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000). If approved, such bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas.”

“FOR issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds

“AGAINST issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds

History. Acts 1999, No. 1027, § 5; 2005, No. 2145, § 76; 2007, No. 1049, § 97; 2009, No. 1480, § 116; 2011, No. 752, §§ 4, 5.

Amendments. The 2007 amendment rewrote (a).

The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in (a).

The 2011 amendment substituted “§ 27-70-207(d)” for “§ 27-70-207(c)” in (b)(2)(B) and (b)(2)(D).

27-64-207. Procedure for issuing bonds.

  1. Prior to the issuance of any series of bonds, the State Highway Commission shall adopt a resolution authorizing the issuance of such series of bonds. Each such resolution shall contain such terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including without limitation those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the federal highway assistance payments and bond proceeds, and the rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.
  2. The resolutions of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to above and such other terms and conditions deemed necessary by the commission, which trust indenture or trust indentures shall be binding upon the commission and the state and their respective officers and officials.

History. Acts 1999, No. 1027, § 6.

27-64-208. Terms of bonds.

The bonds shall be subject to the following terms and conditions:

  1. The bonds shall be issued in series, as set forth herein, in amounts sufficient to finance all or part of the costs of construction and maintenance of highway improvements described in § 27-64-205, with the respective series to be designated by the year in which issued and, if more than one (1) series is to be issued in a particular year, by alphabetical designation.
  2. The bonds of each series shall have such date or dates as the State Highway Commission shall determine and shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of each series.
    1. The bonds of each series shall bear interest at the rate or rates determined by the commission at the sale of the bonds. The bonds may bear interest at either a fixed or a variable rate or may be convertible from one interest rate mode to another.
    2. Such interest shall be payable at such times as the commission shall determine.
  3. The bonds shall be issued in the form of bonds registered as to both principal and interest without coupons, may be in such denominations and may be made exchangeable for bonds of another form or denomination bearing the same rate of interest, may be made payable at such places within or without the state, may be made subject to redemption prior to maturity in such manner and for such redemption prices, and may contain such other terms and conditions all as the commission shall determine.
    1. Each bond shall be executed with the facsimile signatures of the Chair of the State Highway Commission and the secretary of the commission and shall have affixed or imprinted thereon the seal of the commission.
    2. Delivery of the bonds so executed shall be valid notwithstanding any change in the persons holding such offices occurring after the bonds have been executed.

History. Acts 1999, No. 1027, § 7.

27-64-209. Sale of bonds — Employment of professionals.

  1. The bonds may be sold at a price acceptable to the State Highway Commission, which price may include a discount or a premium.
    1. The bonds may be sold in such manner, either at private or public sale, and upon such terms as the commission shall determine to be reasonable and expedient for effecting the purposes of this subchapter.
      1. If the bonds are to be sold at public sale, the commission shall give notice of the offering of such bonds in a manner reasonably designed to notify participants in the public finance industry that such offering is being made.
      2. The commission shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.
    1. The commission is authorized to structure the sale of bonds utilizing such financing techniques as are recommended by its professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of this subchapter.
    2. In furtherance of this authorization, the commission may enter into such ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable, including, without limitation, bond purchase agreements, remarketing agreements, and letters of credit and reimbursement agreements.
  2. The commission is authorized to retain such professionals as it deems necessary to accomplish the issuance and sale of the bonds, including, without limitation, legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.

History. Acts 1999, No. 1027, §§ 8, 9.

27-64-210. Investment of proceeds.

Any designated revenues and any proceeds of bonds held pending disbursement on highway improvements shall be invested by the State Highway Commission to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, such investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the designated revenues or bond proceeds appertain to the extent that the terms of such resolution or trust indenture are applicable.

History. Acts 1999, No. 1027, § 11.

27-64-211. Sources of repayment.

    1. The bonds shall be general obligations of the State of Arkansas secured and payable from the designated revenues, as defined herein, and the general revenues of the state.
    2. The bonds will be payable first from certain designated revenues, specifically:
      1. That portion designated by the State Highway Commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998; and
      2. Revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201 and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with §§ 26-55-1006(d) and 26-56-201(f).
    3. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas.
  1. In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund or to a paying agent for the payment of debt service on the bonds, and it shall not be necessary for such funds to be deposited with the State Treasury.

History. Acts 1999, No. 1027, § 10; 2011, No. 752, § 6.

Amendments. The 2011 amendment substituted “§ 27-70-207(d)” for “§ 27-70-207(c)” in (a)(2)(B).

27-64-212. Refunding bonds.

  1. The State Highway Commission may issue bonds for the purpose of refunding bonds previously issued pursuant to this subchapter, provided, however, that the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this subchapter.
  2. Such refunding bonds shall be special obligations of the State of Arkansas, secured as set forth in this subchapter, and shall be secured and sold in accordance with the provisions of this subchapter.

History. Acts 1999, No. 1027, § 12.

27-64-213. Powers of commission.

  1. All powers granted to the State Highway Commission pursuant to this subchapter shall be deemed in addition to such powers as already exist pursuant to Arkansas Constitution, Amendment 42 and the laws of the State of Arkansas.
  2. No member of the commission shall be liable personally for any reason arising from the issuance of bonds pursuant to this subchapter unless such person shall have acted with corrupt intent.

History. Acts 1999, No. 1027, § 14.

27-64-214. Tax exemption.

  1. All bonds issued under this subchapter and interest thereon shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.
  2. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

History. Acts 1999, No. 1027, § 13.

Subchapter 3 — Arkansas Interstate Highway Financing Act of 2005

Effective Dates. Acts 2005, No. 685, § 4: Mar. 9, 2005: Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for the construction, reconstruction, and renovation of highways and roads comprising the federal interstate road system within the State of Arkansas; that a construction program cannot be accomplished without the issuance of bonds secured by federal highway assistance payments to finance the program; and that this act is immediately necessary in order to begin the process of facilitating the issuance of bonds. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-64-301. Title.

This subchapter may be referred to and cited as the “Arkansas Interstate Highway Financing Act of 2005”.

History. Acts 2005, No. 685, § 1.

27-64-302. Legislative findings and intent.

The General Assembly finds that:

  1. There is an immediate need for highway improvements throughout the State of Arkansas in order to provide for the health, safety, and welfare of its citizens and to promote economic development within the state;
  2. Through the revenues generated under the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the State Highway Commission has been successful in completing the rehabilitation of much of the state's interstate highway system and that the rehabilitation has been carried out in an efficient, cost-effective manner;
  3. Continued improvement of the interstate highway system is necessary and that the best way to accomplish the improvement expeditiously is through the issuance of additional federal highway grant anticipation and tax revenue bonds to finance highway improvements;
  4. The bonds should be payable from revenues currently designated by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., including federal highway assistance funding and available proceeds from the distillate special fuels tax levied under § 26-56-201(e); and
  5. The repayment of the bonds shall also be guaranteed by the full faith and credit of the state.

History. Acts 2005, No. 685, § 1.

27-64-303. Definitions.

As used in this subchapter:

  1. “Bonds” means the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds, also known as “GARVEE bonds”, as authorized in this subchapter;
  2. “Commission” means the State Highway Commission;
  3. “Debt service” means all amounts required for the payment of principal, interest, and premium, if any, due with respect to the bonds in any fiscal year along with all associated costs, including the fees and costs of paying agents and trustees, remarketing agent fees, credit enhancement costs, and other amounts necessary in connection with the bonds;
  4. “Designated revenues” means:
    1. The portion designated by the commission of funds received or to be received from the federal government as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and
    2. Revenues derived from the distillate special fuels tax levied under § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq.; and
  5. “Highway improvements” or “highway improvement projects” means restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission and includes the acquisition, construction, reconstruction, and renovation of the interstate system and facilities appurtenant or pertaining to the system.

History. Acts 2005, No. 685, § 1.

27-64-304. Authorization — Purposes.

  1. Subject to the one-time approval of the voters in a statewide election, the State Highway Commission may issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds from time to time if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., does not at any time exceed five hundred seventy-five million dollars ($575,000,000).
  2. The purpose of the bond issuance shall be:
    1. Accelerating interstate highway improvement projects already underway or scheduled;
    2. Funding new interstate highway improvement projects;
    3. Financing the restoration, reconstruction, and renovation of interstate highway improvements within the State of Arkansas; and
    4. Paying the costs of issuance of the bonds or other credit enhancement.

History. Acts 2005, No. 685, § 1.

27-64-305. Election.

    1. No State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be issued under this subchapter unless the authority of the State Highway Commission to issue the bonds from time to time is approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor.
    2. The election may be in conjunction with a general election, or it may be a special election.
    1. Notice of the election shall be:
      1. Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and
      2. Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election.
    2. The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form:
  1. The ballot title shall be “Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas”. On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following:
    1. Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state.
    2. The vote shall be canvassed and the result of the vote declared in each county by the board. Within ten (10) days after the date of the election, the results shall be certified by the boards to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.
  2. The result of the election shall be proclaimed by the Governor by the publication of the proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. The results as proclaimed shall be conclusive unless a complaint is filed within thirty (30) days after the date of the publication in Pulaski County Circuit Court challenging the results.
    1. If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter.
    2. If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds.
  3. Subsequent elections may be called by the Governor if the proposition fails, but each subsequent election may be held no earlier than six (6) months after the date of the preceding election.

“Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the “Bonds”) if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas.

“The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues.

“Pursuant to the Arkansas Interstate Highway Financing Act of 2005 (the “Bond Act”), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds; and (2) revenues derived from the excise tax levied on distillate special fuels (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act.

“Pursuant to the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the interstate highway systems and facilities appurtenant or pertaining thereto.

“Pursuant to the Bond Act, “designated revenues” are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and (2) revenues derived from the distillate special fuels tax levied under Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent “designated revenues” are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds.”

“FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds

“AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds

History. Acts 2005, No. 685, § 1.

27-64-306. Procedure for issuing State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds.

  1. Prior to the issuance of any series of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds, the State Highway Commission shall adopt a resolution authorizing the issuance of the series of bonds.
  2. Each resolution shall contain those terms, covenants, and conditions as are deemed desirable and consistent with this subchapter, including, without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the federal highway assistance payments and bond proceeds, and the rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.
  3. The resolutions of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions required under subsection (b) of this section, and any other terms and conditions deemed necessary by the commission. The trust indenture or trust indentures shall be binding upon the commission and the state and their respective officers and officials.

History. Acts 2005, No. 685, § 1.

27-64-307. Terms of bonds.

The State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be subject to the following terms and conditions:

  1. The bonds shall be issued in series in amounts sufficient to finance all or part of the costs of construction and maintenance of highway improvements. The respective series of bonds shall be designated by the year in which the bonds are issued. If more than one (1) series of bonds is to be issued in a particular year, the series shall be designated alphabetically;
  2. The bonds of each series shall have the date or dates as the State Highway Commission shall determine. The bonds shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of each series;
  3. The bonds of each series shall bear interest at the rate or rates determined by the commission at the sale of the bonds. The bonds may bear interest at either a fixed or a variable rate or may be convertible from one (1) interest rate mode to another. The interest shall be payable at the times as the commission shall determine;
  4. The bonds shall be issued in the form of bonds registered as to both principal and interest without coupons;
  5. The commission shall determine:
    1. The denominations of the bonds;
    2. Whether the bonds may be made exchangeable for bonds of another form or denomination bearing the same rate of interest;
    3. When the bonds may be made payable and the places within or without the state where the bonds may be payable;
    4. Whether the bonds may be made subject to redemption prior to maturity and the manner of and prices for redemption; and
    5. Any other terms and conditions; and
  6. Each bond shall be executed with the facsimile signatures of the Chair of the State Highway Commission and the secretary of the commission, and the seal of the commission shall be affixed or imprinted on the bond. Delivery of executed bonds shall be valid, notwithstanding any change in the persons holding the offices that occurs after the bonds have been executed.

History. Acts 2005, No. 685, § 1.

27-64-308. Sale of bonds.

    1. The State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds may be sold in any manner, either at private or public sale, and upon terms as the State Highway Commission shall determine to be reasonable and expedient for effecting the purposes of this subchapter.
    2. The bonds may be sold at a price acceptable to the commission. The price may include a discount or premium.
    1. If the bonds are to be sold at public sale, the commission shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made.
    2. The commission shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.
  1. The commission may structure the sale of bonds utilizing financing techniques that are recommended by the commission's professional advisors in order to take advantage of market conditions and to obtain the most favorable interest rates consistent with the purposes of this subchapter.
  2. The commission may enter into any ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable, including, without limitation, bond purchase agreements, remarketing agreements, and letter of credit reimbursement agreements.

History. Acts 2005, No. 685, § 1; 2007, No. 827, § 238.

Amendments. The 2007 amendment substituted “letter of credit reimbursement agreements” for “letter of credit and reimbursement agreements” in (d).

27-64-309. Employment of professionals.

The State Highway Commission may retain any professionals it deems necessary to accomplish the issuance and sale of the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds, including, without limitation, legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.

History. Acts 2005, No. 685, § 1.

27-64-310. Sources of repayment.

  1. The State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be general obligations of the State of Arkansas secured and payable from the designated revenues and the general revenues of the state.
  2. The bonds shall be payable first from the following designated revenues:
    1. The portion designated by the State Highway Commission of funds received or to be received from the federal government as federal highway assistance funding allocated to the state and designated as federal highway interstate maintenance funds; and
    2. Revenues derived from the distillate special fuels tax levied under § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq.
  3. If the amount of designated revenues is insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas.
  4. In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund or to a paying agent for the payment of debt service on the bonds. It shall not be necessary for the funds to be deposited into the State Treasury.

History. Acts 2005, No. 685, § 1.

27-64-311. Investment of proceeds.

  1. Any designated revenues and any proceeds of the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds held pending disbursement on highway improvements shall be invested by the State Highway Commission to the full extent practicable pending disbursement for the purposes intended.
  2. Notwithstanding any other provision of law, the investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the designated revenues or bond proceeds appertain to the extent that the terms of the resolution or trust indenture are applicable.

History. Acts 2005, No. 685, § 1.

27-64-312. Refunding bonds.

  1. The State Highway Commission may issue bonds for the purpose of refunding the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds previously issued pursuant to this subchapter if the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this subchapter.
  2. The refunding bonds shall be special obligations of the State of Arkansas and shall be secured and sold in accordance with the provisions of this subchapter.

History. Acts 2005, No. 685, § 1.

27-64-313. Tax exemption.

  1. All State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.
  2. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

History. Acts 2005, No. 685, § 1.

27-64-314. Powers of the State Highway Commission.

  1. All powers granted to the State Highway Commission under this subchapter are in addition to the powers of the commission under Arkansas Constitution, Amendment 42 and the laws of the State of Arkansas.
  2. No member of the commission shall be liable personally for any reason arising from the issuance of the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds pursuant to this subchapter unless the member acts with corrupt intent.

History. Acts 2005, No. 685, § 1.

Subchapter 4 — Arkansas Interstate Highway Financing Act of 2007

Effective Dates. Acts 2007, No. 511, § 3: Mar. 27, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for the construction, reconstruction and renovation of highways and roads comprising the U.S. Interstate system within the State of Arkansas and that such a program cannot be accomplished without the issuance of bonds secured by federal highway assistance payments to finance the program. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-64-401. Title.

This subchapter may be referred to and cited as the “Arkansas Interstate Highway Financing Act of 2007”.

History. Acts 2007, No. 511, § 1.

27-64-402. Findings.

  1. The General Assembly of the State of Arkansas has determined that there is an immediate need for highway improvements throughout the State of Arkansas in order to provide for the health, safety, and welfare of its citizens and to promote economic development within the state. The General Assembly has determined that through the revenues generated pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the State Highway Commission has been successful in completing the rehabilitation of much of the state's interstate highway system and that such rehabilitation has been carried out in an efficient, cost-effective manner. The General Assembly has determined that continued improvement of the interstate highway system is necessary and that the best way to accomplish such improvement expeditiously is through the issuance of additional federal highway grant anticipation and tax revenue bonds to finance such highway improvements.
  2. The General Assembly has further determined that the bonds should be payable from revenues currently designated by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., including federal highway assistance funding and the proceeds from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005, 26-55-1006, 26-56-201, and 27-72-305, and that the repayment of such bonds should also be guaranteed by the full faith and credit of the state.

History. Acts 2007, No. 511, § 1.

27-64-403. Definitions.

As used in this subchapter:

  1. “Act” shall mean this Arkansas Interstate Highway Financing Act of 2007 § 27-64-401 et seq.
  2. “Bonds” shall mean the “State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds” or “GARVEE bonds”, as authorized herein;
  3. “Commission” shall mean the State Highway Commission, created and existing pursuant to Arkansas Constitution, Amendment 42;
  4. “Debt service” shall mean all amounts required for the payment of principal, interest, and premium, if any, due with respect to the bonds in any fiscal year, along with all associated costs, including the fees and costs of paying agents and trustees, remarketing agent fees, credit enhancement costs, and other amounts necessary in connection with the bonds;
  5. “Designated revenues” shall mean:
    1. That portion designated by the commission of funds received or to be received from the federal government as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and
    2. Revenues derived from the increase in taxes levied on distillate special fuels pursuant to the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005, 26-55-1006, 26-56-201, and 27-72-305; and
  6. “Highway improvements” or “highway improvement projects” shall mean restoration and improvements to all of the interstate highway system within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission, and shall also include the acquisition, construction, reconstruction, and renovation of such interstate system and facilities appurtenant or pertaining thereto.

History. Acts 2007, No. 511, § 1.

27-64-404. Authorization — Purposes.

The State Highway Commission is hereby authorized, subject to the approval of the voters in a statewide election, to issue bonds from time to time provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). The bonds will be issued in one (1) or more series of various principal amounts with the last series being issued no later than December 31, 2015. The bonds shall be issued for the following purposes:

  1. Accelerating interstate highway improvement projects already underway or scheduled;
  2. Funding new interstate highway improvement projects;
  3. Financing the restoration, reconstruction, and renovation of interstate highway improvements within the State of Arkansas; and
  4. Paying the costs of issuance of the bonds, including the costs of bond issuance or other credit enhancement.

History. Acts 2007, No. 511, § 1; 2009, No. 153, § 1.

Amendments. The 2009 amendment substituted “2015” for “2013” in the introductory language.

27-64-405. Election.

  1. No bonds shall be issued under this act unless the authority of the State Highway Commission to issue such bonds is approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor. Such election may be in conjunction with a general election or it may be a special election. Notice of such election shall be published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to such election, and notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to such election.
  2. The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the form set forth in this subsection:
  3. The ballot title shall be “Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas.” On each ballot there shall be printed the title, the proposition set forth in § 27-64-406, and the following:
  4. The county boards of election commissioners in each of the several counties of the state shall hold and conduct the election, and each such board is hereby authorized and directed to take such action with respect to the appointment of election officials and such other matters as is required by the laws of the state. The vote shall be canvassed and the result thereof declared in each county by such boards. The results shall, within ten (10) days after the date of the election, be certified by such county boards to the Secretary of State, who shall forthwith tabulate all returns so received and certify to the Governor the total vote for and against the proposition submitted pursuant to this act.
  5. The result of the election shall be proclaimed by the Governor by the publication of such proclamation one (1) time in a newspaper of general circulation in the State of Arkansas, and the results as proclaimed shall be conclusive unless a complaint is filed within thirty (30) days after the date of such publication in the Pulaski County Circuit Court challenging such results.
  6. If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission shall be authorized to issue bonds in the manner and on the terms set forth in this act. If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no such authority. Subsequent elections may be called by the Governor if the proposition fails, but each such subsequent election may be held no earlier than six (6) months after the date of the preceding election.

“Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the ‘Bonds’) from time to time provided that the total principal amount outstanding from the issuance of such bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). If approved, the bonds will be issued in one (1) or more series of various principal amounts with the last series being issued no later than December 31, 2015. The bonds shall be issued for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas.

“The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. Pursuant to the Arkansas Interstate Highway Financing Act of 2007 (the ‘Bond Act'), § 27-64-401 et seq., the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds, and (2) revenue derived from the increase in the excise tax levied on distillate special fuels (diesel) pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-55-1006(d). To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act, § 27-64-401 et seq.

“Pursuant to the Bond Act, § 27-64-401 et seq., the highway improvements to be financed are limited to the restoration and improvements to all of the interstate highway system within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of such interstate highway system and facilities appurtenant or pertaining thereto.

“Pursuant to the Bond Act, § 27-64-401 et seq., ‘designated revenues’ are defined as: (1) that portion designated by the commission of all funds received or to be received from the federal government as federal highway interstate maintenance funds, and (2) revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to Arkansas Code § 27-70-207(d) in accordance with § 26-55-1006(d). Designated revenues shall not include the revenues derived from the increase in tax on motor fuel (gasoline) resulting from the ‘Arkansas Distillate Special Fuel Excise Tax Act of 1999’ and the ‘Motor Fuel Excise Tax Act of 1999’, §§ 26-55-1005, 26-55-1006, 26-56-201, and 27-72-305. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent ‘designated revenues’ are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds.”

“FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds from time to time provided that the total principal amount outstanding from the issuance of such bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, Arkansas Code § 27-64-201 et seq., shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000); such bonds to be issued in one or more series of various principal amounts, with the last series being issued no later than December 31, 2015, and to be secured by the full faith and credit of the State of Arkansas

“AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds from time to time provided that the total principal amount outstanding from the issuance of such bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, Arkansas Code § 27-64-201 et seq., shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000); such bonds to be issued in one or more series of various principal amounts, with the last series being issued no later than December 31, 2015, and to be secured by the full faith and credit of the State of Arkansas

History. Acts 2007, No. 511, § 1; 2009, No. 153, § 2; 2009, No. 483, § 6; 2011, No. 752, § 7.

Amendments. The 2009 amendment by No. 153 substituted “2015” for “2013” twice in (b) and once in (c); made a minor punctuation change in the introductory language of (c); and made minor stylistic changes throughout (b) and (c).

The 2009 amendment by No. 483, in (b), divided the fourth paragraph of the notice form so that each sentence became a separate paragraph, inserted additional statutory references in two of the new paragraphs, and made related and minor stylistic changes throughout (b).

The 2011 amendment substituted “§ 27-70-207(d)” for “§ 27-70-207(c)” in (b) and in the second undesignated paragraph of (b).

27-64-406. Procedure for issuing bonds.

Prior to the issuance of any series of bonds, the State Highway Commission shall adopt a resolution authorizing the issuance of such series of bonds. Each such resolution shall contain such terms, covenants, and conditions as are deemed desirable and consistent with this act, including without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the federal highway assistance payments and bond proceeds, and the rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds. The resolutions of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to above and such other terms and conditions deemed necessary by the commission, which trust indenture or trust indentures shall be binding upon the commission and the state and their respective officers and officials.

History. Acts 2007, No. 511, § 1.

27-64-407. Terms of bonds.

The bonds shall be subject to the following terms and conditions:

  1. The bonds shall be issued in series, as set forth herein, in amounts sufficient to finance all or part of the costs of construction and maintenance of highway improvements described in § 27-64-404 with the respective series to be designated by the year in which issued and, if more than one (1) series is to be issued in a particular year, by alphabetical designation;
  2. The bonds of each series shall have such date or dates as the State Highway Commission shall determine and shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of each series;
  3. The bonds of each series shall bear interest at the rate or rates determined by the commission at the sale of the bonds. The bonds may bear interest at either a fixed or a variable rate, or may be convertible from one (1) interest rate mode to another, and such interest shall be payable at such times as the commission shall determine;
  4. The bonds shall be issued in the form of bonds registered as to both principal and interest without coupons; may be in such denominations; and may be made exchangeable for bonds of another form or denomination, bearing the same rate of interest; may be made payable at such places within or without the state; may be made subject to redemption prior to maturity in such manner and for such redemption prices; and may contain such other terms and conditions, all as the commission shall determine; and
  5. Each bond shall be executed with the facsimile signatures of the Chair of the State Highway Commission and the secretary of the commission and shall have affixed or imprinted thereon the seal of the commission. Delivery of the bonds so executed shall be valid, notwithstanding any change in the persons holding such offices occurring after the bonds have been executed.

History. Acts 2007, No. 511, § 1.

27-64-408. Sale of Bonds.

  1. The bonds may be sold in such manner, either at private or public sale, and upon such terms as the State Highway Commission shall determine to be reasonable and expedient for effecting the purposes of this act. The bonds may be sold at a price acceptable to the commission, which price may include a discount or a premium.
  2. If the bonds are to be sold at public sale, the commission shall give notice of the offering of such bonds in a manner reasonably designed to notify participants in the public finance industry that such offering is being made. The commission shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.
  3. The commission is authorized to structure the sale of bonds utilizing such financing techniques as are recommended by its professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of this subchapter. In furtherance of this authorization, the commission may enter into such ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable, including without limitation, bond purchase agreements, remarketing agreements, and letter of credit and reimbursement agreements.

History. Acts 2007, No. 511, § 1.

27-64-409. Employment of professionals.

The State Highway Commission is authorized to retain such professionals as it deems necessary to accomplish the issuance and sale of the bonds, including without limitation, legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.

History. Acts 2007, No. 511, § 1.

27-64-410. Sources of repayment.

The State of Arkansas Federal Grant Anticipation and Tax Revenue Bonds or GARVEE bonds shall be general obligations of the State of Arkansas secured and payable from the designated revenues, as defined herein, and the general revenues of the state. The bonds will be payable first from certain designated revenues, specifically: (1) that portion designated by the State Highway Commission of funds received or to be received from the federal government as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds, and (2) revenues derived from the increase in taxes levied on distillate special fuels pursuant to section 2 of the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005, 26-55-1006, 26-56-201, and 27-72-305 and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-55-1006(d). To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund, or to a paying agent, for the payment of debt service on the bonds, and it shall not be necessary for such funds to be deposited into the State Treasury.

History. Acts 2007, No. 511, § 1; 2011, No. 752, § 8.

Amendments. The 2011 amendment substituted “§ 27-70-207(d)” for “§ 27-70-207(c).”

27-64-411. Investment of proceeds.

Any designated revenues and any proceeds of bonds held pending disbursement on highway improvements, shall be invested by the State Highway Commission to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, such investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which said designated revenues or bond proceeds appertain to the extent the terms of such resolution or trust indenture are applicable.

History. Acts 2007, No. 511, § 1.

27-64-412. Refunding bonds.

  1. The State Highway Commission may issue bonds for the purpose of refunding bonds previously issued pursuant to this subchapter; provided, however, that such bonds are not issued after December 31, 2015, and that the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this subchapter.
  2. Such refunding bonds shall be special obligations of the State of Arkansas, secured as set forth herein, and shall be secured and sold in accordance with the provisions of this subchapter.

History. Acts 2007, No. 511, § 1; 2009, No. 153, § 3.

Amendments. The 2009 amendment substituted “2015” for “2013” in (a).

27-64-413. Tax Exemption.

All bonds issued under this subchapter and interest thereon shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. The bonds shall be eligible to secure deposits of all public funds, and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

History. Acts 2007, No. 511, § 1.

27-64-414. Powers of State Highway Commission.

All powers granted to the State Highway Commission pursuant to this subchapter shall be deemed in addition to such powers as already exist pursuant to Arkansas Constitution, Amendment 42 and the laws of the State of Arkansas. No member of the commission shall be liable personally for any reason arising from the issuance of bonds pursuant to this act unless such person shall have acted with corrupt intent.

History. Acts 2007, No. 511, § 1.

Subchapter 5 — Arkansas Highway Financing Act of 2011

27-64-501. Title.

This subchapter may be referred to and cited as the “Arkansas Highway Financing Act of 2011”.

History. Acts 2011, No. 773, § 3.

27-64-502. Findings.

The General Assembly of the State of Arkansas finds that:

  1. There is an immediate need for highway improvements throughout the State of Arkansas in order to provide for the health, safety, and welfare of its citizens and to promote economic development within the state;
  2. Through revenues generated pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the State Highway Commission has been successful in completing the rehabilitation of much of the state's Interstate Highway System and that the rehabilitation has been carried out in an efficient, cost-effective manner;
  3. Continued improvement of the Interstate Highway System and other routes on the National Highway System is necessary, and the best way to accomplish the improvements expeditiously is through the issuance of additional federal highway grant anticipation and tax revenue bonds to finance highway improvements;
  4. Bonds should be payable from revenues currently designated by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., including federal highway assistance funding and the proceeds from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005, 26-55-1006, 26-56-201, and 27-72-305, and § 26-56-801 et seq.; and
  5. The repayment of the bonds should be guaranteed by the full faith and credit of the state.

History. Acts 2011, No. 773, § 3.

27-64-503. Definitions.

As used in this subchapter:

  1. “Bonds” means the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds, also known as “GARVEE bonds”, as authorized in this subchapter;
  2. “Commission” means the State Highway Commission;
  3. “Debt service” means all amounts required for the payment of principal, interest, and premium, if any, due with respect to the bonds in any fiscal year along with all associated costs, including the fees and costs of paying agents and trustees, remarketing agent fees, credit enhancement costs, and other amounts necessary in connection with the bonds;
  4. “Designated revenues” means:
    1. The portion designated by the commission of funds received or to be received from the federal government as federal highway assistance funding allocated to the state; and
    2. Revenues derived from the distillate special fuel tax levied under:
      1. Section 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq.; and
      2. Section 26-56-802; and
  5. “Highway improvements” or “highway improvement projects” means restoration and improvements to the Interstate Highway System and other routes within the National Highway System within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission and includes the acquisition, construction, reconstruction, renovation of the Interstate Highway System and other routes within the National Highway System within the state and facilities appurtenant or pertaining to the Interstate Highway System and other routes within the National Highway System.

History. Acts 2011, No. 773, § 3.

27-64-504. Authorization — Purposes.

    1. Subject to the one-time approval of the voters in a statewide election, the State Highway Commission may issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds from time to time if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq., does not at any time exceed one billion one hundred million dollars ($1,100,000,000).
    2. The bonds will be issued in one (1) or more series of various principal amounts with the last series being issued no later than December 31, 2017.
  1. The purpose of the bond issuance shall be to:
    1. Accelerate highway improvement projects already underway or scheduled;
    2. Fund new highway improvement projects;
    3. Finance the restoration, reconstruction, and renovation of highway improvements within the State of Arkansas; and
    4. Pay the costs of issuance of the bonds or other credit enhancement.

History. Acts 2011, No. 773, § 3.

27-64-505. Election.

    1. State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall not be issued under this subchapter unless the levy of the additional tax on distillate special fuel under § 26-56-802 and the authority of the State Highway Commission to issue the bonds from time to time are approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor.
    2. The election may be in conjunction with a general election, or it may be a special election.
    1. Notice of the election shall be:
      1. Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and
      2. Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election.
    2. The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form:
  1. The ballot title shall be “Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas, and the levy of an additional five cent per gallon tax on distillate special fuel (diesel)”. On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following:
    1. Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state.
      1. The vote shall be canvassed, and the result of the vote declared in each county by the board.
      2. Within ten (10) days after the date of the election, the results shall be certified by the boards to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.
    1. The result of the election shall be proclaimed by the Governor by the publication of the proclamation one (1) time in a newspaper of general circulation in the State of Arkansas.
    2. The results as proclaimed shall be conclusive unless a complaint is filed within thirty (30) days after the date of the publication in Pulaski County Circuit Court challenging the results.
    1. If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter.
    2. If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds.

“Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the ‘Bonds’) if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq. shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time, with the last series being issued no later than December 31, 2017, for the purpose of paying the cost of constructing and renovating improvements to the Interstate Highway System and related facilities in the State of Arkansas and improvements to other routes on the National Highway System and related facilities in the State of Arkansas.

“The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues including particularly and without limitation a new tax described below, and also secured by the full faith and credit of the State of Arkansas, including its general revenues.

“Under the Arkansas Highway Financing Act of 2011 (the ‘Bond Act’), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas; (2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and (3) revenues derived from a new excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 at the rate of five cents (5¢) per gallon if the measure is approved. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act.

“Under the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to the Interstate Highway System and of other routes on the National Highway System within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the Interstate Highway System and of other routes on the National Highway System and facilities appurtenant or pertaining thereto.

“Under Arkansas Code § 26-56-802, there is levied, subject to approval of this measure, a new excise tax levied on distillate special fuel (diesel) at the rate of five cents (5¢) per gallon. This tax shall not be levied unless this measure is approved by the voters.

“Under the Bond Act, ‘designated revenues’ are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state; (2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and (3) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802, which is a new five-cent-per-gallon tax to be levied upon the approval of this measure. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent ‘designated revenues’ are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds.”

“FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five cent per gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other ‘designated revenues,’ as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds

“AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five cent per gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other ‘designated revenues,’ as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds

History. Acts 2011, No. 773, § 3.

27-64-506. Procedure for issuing State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds.

  1. Prior to the issuance of any series of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds, the State Highway Commission shall adopt a resolution authorizing the issuance of the series of bonds.
  2. Each resolution shall contain those terms, covenants, and conditions as are desirable and consistent with this subchapter, including without limitation those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the federal highway assistance payments and bond proceeds, and the rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds.
    1. The resolutions of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions required under subsection (b) of this section and any other terms and conditions deemed necessary by the commission.
    2. The trust indenture or trust indentures are binding upon the commission and the state and their respective officers and officials.

History. Acts 2011, No. 773, § 3.

27-64-507. Terms of bonds.

The State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be subject to the following terms and conditions:

    1. The bonds shall be issued in series in amounts sufficient to finance all or part of the costs of construction and maintenance of highway improvements.
    2. The respective series of bonds shall be designated by the year in which the bonds are issued.
    3. If more than one (1) series of bonds is to be issued in a particular year, the series shall be designated alphabetically;
    1. The bonds of each series shall have the date or dates as the State Highway Commission shall determine.
    2. The bonds shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of each series.
    3. Refunding bonds issued under § 27-64-512 shall mature or be subject to mandatory sinking fund redemption over a period ending not later than twelve (12) years after the date of issue of the original bonds of each series;
    1. The bonds of each series shall bear interest at the rate or rates determined by the commission at the sale of the bonds.
    2. The bonds may bear interest at either a fixed or a variable rate or may be convertible from one (1) interest rate mode to another.
    3. The interest shall be payable at the times as the commission shall determine;
  1. The bonds shall be issued in the form of bonds registered as to both principal and interest without coupons;
  2. The commission shall determine:
    1. The denominations of the bonds;
    2. Whether the bonds may be made exchangeable for bonds of another form or denomination bearing the same rate of interest;
    3. When the bonds may be made payable and the places within or without the state where the bonds may be payable;
    4. Whether the bonds may be made subject to redemption prior to maturity and the manner of and prices for redemption; and
    5. Any other terms and conditions; and
    1. Each bond shall be executed with the facsimile signatures of the Chair of the State Highway Commission and the secretary of the commission, and the seal of the commission shall be affixed or imprinted on the bond.
    2. Delivery of executed bonds shall be valid, notwithstanding any change in the persons holding the offices that occurs after the bonds have been executed.

History. Acts 2011, No. 773, § 3.

27-64-508. Sale of bonds.

    1. The State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds may be sold in any manner, either at private or public sale, and upon terms as the State Highway Commission shall determine to be reasonable and expedient for effecting the purposes of this subchapter.
      1. The bonds may be sold at a price acceptable to the commission.
      2. The price may include a discount or premium.
    1. If the bonds are to be sold at public sale, the commission shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made.
    2. The commission shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.
  1. The commission may structure the sale of bonds utilizing financing techniques that are recommended by the commission's professional advisors in order to take advantage of market conditions and to obtain the most favorable interest rates consistent with the purposes of this subchapter.
  2. The commission may enter into any ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable, including without limitation bond purchase agreements, remarketing agreements, and letter of credit reimbursement agreements.

History. Acts 2011, No. 773, § 3.

27-64-509. Employment of professionals.

The State Highway Commission may retain any professionals necessary to accomplish the issuance and sale of the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds, including without limitation legal counsel, financial advisors, underwriters, trustees, paying agents, and remarketing agents.

History. Acts 2011, No. 773, § 3.

27-64-510. Sources of repayment.

  1. The State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be general obligations of the State of Arkansas secured and payable from the designated revenues and the general revenues of the state.
  2. The bonds shall be payable first from the following designated revenues:
    1. The portion designated by the State Highway Commission of funds received or to be received from the federal government as federal highway assistance funding allocated to the state; and
    2. Revenues derived from the distillate special fuel tax levied under:
      1. Section 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq.; and
      2. Section 26-56-802.
  3. If the amount of designated revenues is insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas.
    1. In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund or to a paying agent for the payment of debt service on the bonds.
    2. It is not necessary for the funds to be deposited into the State Treasury.
  4. The additional distillate special fuel tax levied under § 26-56-802 shall terminate as provided under § 26-56-802(c)(3).

History. Acts 2011, No. 773, § 3.

27-64-511. Investment of proceeds.

  1. Designated revenues and proceeds of the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds held pending disbursement on highway improvements shall be invested by the State Highway Commission to the full extent practicable pending disbursement for the purposes intended.
  2. Notwithstanding any other provision of law, the investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the designated revenues or bond proceeds appertain to the extent that the terms of the resolution or trust indenture are applicable.

History. Acts 2011, No. 773, § 3.

27-64-512. Refunding bonds.

  1. The State Highway Commission may issue bonds for the purpose of refunding the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds previously issued pursuant to this subchapter if the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this subchapter.
  2. The refunding bonds shall be general obligations of the State of Arkansas and shall be secured and sold in accordance with the provisions of this subchapter.

History. Acts 2011, No. 773, § 3.

27-64-513. Tax exemption.

  1. All State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.
  2. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

History. Acts 2011, No. 773, § 3.

27-64-514. Powers of the State Highway Commission.

  1. All powers granted to the State Highway Commission under this subchapter are in addition to the powers of the commission under Arkansas Constitution, Amendment 42, and the laws of the State of Arkansas.
  2. No member of the commission shall be liable personally for any reason arising from the issuance of the State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds pursuant to this subchapter unless the member acts with corrupt intent.

History. Acts 2011, No. 773, § 3.

Chapter 65 Arkansas Department of Transportation — State Highway Commission

Publisher's Notes. Acts 1989 (1st Ex. Sess.), No. 67, § 23, effective July 1, 1989, and Acts 1989 (1st Ex. Sess.), No. 153, §§ 2, 3, abolished the Transportation Regulatory Board and the Transportation Safety Agency and transferred their powers, functions, and duties to the State Highway Commission and the Arkansas State Highway and Transportation Department, respectively.

Acts 1989 (1st Ex. Sess.), No. 153, § 2, provided: “On and after the effective date of this Act, the Transportation Safety Agency shall cease to exist, and all authority, rights, powers, duties, records, property, unexpended balances of appropriations, allocations or other funds, privileges and jurisdiction of the Transportation Safety Agency, now prescribed by Sections 1 and 2 of Act 572 of 1987 and other laws of this State, including, but not limited to, the regulation of transportation for compensation, safety of operation of public carriers, the highway safety program authorized by Act 161 of 1967 or Arkansas Code Annotated § 27-73-101, et seq., certification and review of assessment for ad valorem taxation, and matters concerning rates, charges, and services of such carriers, are hereby expressly conferred upon the Arkansas State Highway and Transportation Department as fully as if so named in any law or laws of this State and are hereby transferred to said Department; all orders heretofore issued by the Transportation Safety Agency shall remain in full force and effect; all actions, proceedings and hearings of whatsoever nature, then or hereafter pending before the said Transportation Safety Agency shall be transferred to the Arkansas State Highway and Transportation Department in the same manner and subject to the same incident and with the same results as though they had originated with the Arkansas State Highway and Transportation Department, and all orders, actions, proceedings and hearings of whatsoever nature then or hereafter pending in the name of the Transportation Safety Agency shall survive and be continued, heard and determined by and in the name of the Arkansas State Highway and Transportation Department; and no rights, privileges, immunities or appropriations made, given or granted to or on behalf of the Transportation Safety Agency shall lapse or be lost by reason of such change of agencies, but shall be conferred, transferred and imposed on the Arkansas State Highway and Transportation Department, and all furniture, fixtures, supplies, books, records, reports, equipment and funds derived from whatever source belonging to the Transportation Safety Agency shall be delivered to the Arkansas State Highway and Transportation Department and become its property. The Arkansas State Highway and Transportation Department is hereby authorized to expend monies from the State Highway Department Fund, as such funds may be appropriated to the Department, for the purposes of fulfilling the duties herein transferred to said Department. Wherever the words ‘Arkansas Transportation Commission’ or ‘Transportation Safety Agency’ are used in any provision of the Code, the Acts of Arkansas or any statute, directive, rule or regulation, they shall be hereafter held and taken to mean the Arkansas State Highway and Transportation Department.”

Preambles. Acts 1977, No. 192 contained a preamble which read:

“Whereas, the present and the future well-being and mobility of the citizens of the State of Arkansas are dependent upon the universal availability of balanced transportation services coordinating public and private facilities and systems to assure adequate, safe, economical, and efficient transportation; and

“Whereas, Arkansas is a large uncrowded state uniformly rich in natural resources, which is uniquely and best served by highway, road and street transport facilities; and

“Whereas, the low population density is an asset of great value in the context of the Arkansas socio-economic structure and a strongly contributing factor in the State's freedom from many of the burdensome socio-economic problems of the more populous, highly industrialized States; and

“Whereas, the demographic/geographic interface between population and area is and will continue to be predominantly dependent on an adequate highway, road and street network as the foundation for the multi-modal transport functions upon which contemporary socio-economic structures depend;

“Now, therefore … .”

Acts 1979, No. 932 contained a preamble which read:

“Whereas, Amendment 42 to the Arkansas Constitution which creates the Arkansas Highway Commission and prescribes the qualifications and manner of appointment of members of the Commission, provides that the Commission shall be composed of five members to be appointed from the State at large but further provides that no two commissioners shall be appointed from a single congressional district; and

“Whereas, since the number of congressional districts in the State has been reduced to four since the enactment of Amendment 42, it is impossible to comply strictly with the provisions of the Amendment because with five members appointed from the four congressional districts, two members of the Commission would certainly have to be residents of the same district; and

“Whereas, the General Assembly determines that it was the purpose of the people in enacting Amendment 42 to assure that members of the Commission were from various areas of the State and that no particular area would have disproportionate representation on the Commission; and

“Whereas, in view of the reduction in the number of congressional districts, it appears necessary that legislation be enacted to clarify the residence requirements for persons appointed to the Arkansas Highway Commission;

“Now, therefore … .”

Acts 2019, No. 331, contained a preamble which read:

“WHEREAS, Arkansas Constitution, Amendment 42, which creates the State Highway Commission and prescribes the qualifications and manner of appointment of members of the commission, provides that the commission be composed of five (5) members to be appointed from the state at large and that no two (2) commissioners be appointed from a single congressional district; and

“WHEREAS, the congressional districts in the state have been subject to redistricting since the enactment of Arkansas Constitution, Amendment 42; and

“WHEREAS, the intent of the requirement under Arkansas Constitution, Amendment 42, that no two (2) members be appointed from a single congressional district was to assure equal representation on the commission of all parts of the state; and

“WHEREAS, to accomplish the intent of Arkansas Constitution, Amendment 42, concerning the appointment of the commission members, it is necessary that the General Assembly enact legislation to clarify the residency requirements for persons appointed to the commission,

“NOW THEREFORE,”

Effective Dates. Acts 1913, No. 302, § 86: effective on passage. Emergency declared. Approved Mar. 31, 1913.

Acts 1927, No. 112, § 21: approved Mar. 4, 1927. Emergency clause provided: “It is ascertained and hereby declared that the handling of road revenues as provided in this act is essential to the maintenance and hasty repair of the public roads of the state; that the defective condition of the public roads referred to in this act is a standing menace to the traveling public, endangering their safety, and that the immediate operation of this act is essential for the protection of the public safety; and an emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”

Acts 1929, No. 65, § 75: approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 3, §§ 9A, 10: Feb. 1, 1933. Emergency clause provided: “That owing to the disastrous state of its fiscal affairs and the present uncertainty of the authority and control of the State Highway Department, the immediate necessity for setting up the proper maintenance program to preserve the millions of dollars invested in State Highways and the widespread unemployment which can be relieved in part by the proper maintenance program and by the use of available Federal funds for new highway construction, it is imperative that a new body be placed in control of the affairs of the State Highway Department and that this act become effective without delay in order to preserve the peace, and safety of the public, therefore an emergency is declared to exist, and this law shall take effect and be in force from and after its passage and approval.” Approved Jan. 27, 1933.

Acts 1933, No. 50, § 3: approved Feb. 22, 1933. Emergency clause provided: “It is ascertained and declared that in the construction of highways of this State, many contractors are nonresidents and that laborers and employees engaged in the construction of said highways by said contractors are often injured, property is damaged, and obligations incurred by said contractors, who later remove their property from the County without paying same, and that it would be an imposition and a burden upon the citizens of the State if required to file suits to recover accounts due them, or for damages to person or property in Pulaski County only, or in another state, and that under the emergency Federal aid appropriation, all contracts must be completed not later than July 1933, and that the immediate operation of this act is essential for the protection of citizens of this State. An emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 92, § 5: approved Mar. 1, 1933. Emergency clause provided: “It is hereby found that on account of the depleted finances of the State Highway Department, that it is necessary to reorganize the department, and materially reduce the personnel thereof, as well as reduce the salaries of said personnel; and that at the present time the fiscal year of the Highway Department is different from that of all other Departments of the State, which results in a great deal of confusion and duplication of efforts; and that the Highway Department is without funds with which to secure the license upon its motor vehicles, and the securing of each motor vehicle license entails an expense of $0.35 which might be saved by the department; Therefore, an emergency is hereby declared and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in force from and after its passage.”

Acts 1938 (1st Ex. Sess.), No. 14, § 3: approved Apr. 1, 1938. Emergency clause provided: “It is found by the General Assembly that the highways of this State are in such condition that they are in immediate need of funds for their maintenance and repair; that the condition of the said highways constitutes a menace to the traveling public and that such condition can be remedied only by the immediate use of funds by the Highway Department for such maintenance and repair. Therefore, for the preservation of the public peace, health and safety, an emergency is declared to exist and this Act shall take effect and be in full force from and after its passage.”

Acts 1947, No. 103, § 2: approved Feb. 19, 1947. Emergency clause provided: “It is hereby ascertained and declared that the conditions of the state roads and highways are due in part at least to the fact that several key positions in the highway department are held by persons untrained in the engineering profession or in highway practices; that relief herein provided is imperative for the immediate preservation of public peace, health and safety; and for said reasons it is hereby declared that an emergency exists and that this act shall take effect and be in full force from and after its passage.”

Acts 1949, No. 251, § 3: Mar. 8, 1949. Emergency clause provided: “Whereas, the State of Arkansas by and with the approval of the people of the State of Arkansas is embarking upon a program of highway construction calling for the skilled efforts and resources of a capable and competent man as Director of Highways of the State of Arkansas; and

“Whereas, in order to secure the services of a capable, skilled and competent Director of Highways, it is necessary that an adequate salary be paid for the type of person to be employed; and

“Whereas, the State will suffer irreparable injury and damage without proper supervision and control by a capable and competent Director of Highways;

“Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, the same shall take effect and be in force from and after its passage and approval.”

Acts 1951, No. 247, § 3 (in part): Mar. 9, 1951. Emergency clause provided: “It has been found that there are overlapping and conflicting laws relating to purchasing by the Arkansas State Highway Commission resulting in confusion and delay; therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in full force from and after its passage and approval.”

Acts 1953, No. 123, § 14: Feb. 23, 1953. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that many defects exist in the administrative framework of the State Highway Department, that there is an immediate necessity for setting up a proper maintenance program to preserve the millions of dollars invested in the State Highways, that there is urgent need for excellent management and organization in the said Department, and that the enactment of this bill will provide for more efficient administration of the State Highway Department. Therefore, an emergency is declared to exist, and this act, being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

Acts 1969, No. 246, § 3: Mar. 12, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent Federal Highway Legislation, particularly Public Law 90-495, approved August 23, 1968, and cited as the Federal Aid Highway Act of 1968, makes it necessary that the State of Arkansas provide for relocation assistance to persons displaced by the construction of Federal Aid Highways who are now suffering or will in the future suffer hardships because of financial loss due to the construction of Federal Aid Highways; and that, without compliance with this legislation, the State of Arkansas will lose many millions of dollars of Federal Aid Highway funds, a loss the State can ill-afford when such funds are so greatly needed in this State to construct and maintain a suitable and efficient highway system. An emergency is hereby declared to exist, and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 185, § 4: Mar. 2, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is essential to the continued growth of the tourist industry in this State that Tourist Information Bureaus be established and operated at strategic locations in this State, and that it is urgent that such bureaus be established as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1971, No. 585, § 34: approved Apr. 6, 1971. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that (1) in order to establish an orderly procedure which will insure the monthly and quarterly distribution of funds for the necessary services and operations of the state government, as provided for in this Act, it is necessary that the provisions of this Act become effective immediately; (2) under the provisions of this Act seriously needed improvements for many of our public institutions are contemplated, and only the provisions of this Act will provide such funds which will be adequate to alleviate this situation; and (3) that only the provisions of this Act will correct many of our financial difficulties, and which otherwise may deprive the citizens of this State from receiving the benefits for which the operation of state government contemplates. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage.”

Acts 1975, No. 693, § 20: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975, could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 192, § 13: Feb. 17, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present welfare and future freedom of the citizens of Arkansas require an adequate and balanced transportation system, and it is necessary that this policy be carried out by a State Highway and Transportation Department through continuous, comprehensive, coordinated transportation planning with other agencies of the State having transportation responsibility, local governments, regional planning and transportation agencies or commissions, federal agencies, and private transportation facilities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 794, § 27: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1979 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1979 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1979.”

Acts 1981, No. 932, § 28: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1981 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1981 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1981.”

Acts 1987, No. 742, § 25: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1987.”

Acts 1991, No. 547, § 6: Mar. 14, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly that the construction and operation of turnpike projects, as authorized by prior legislative acts, are required for the public health, safety and welfare because of the increase of commerce and vehicular travel essential to individual and state progress and prosperity. The moneys now available are insufficient to permit the construction of turnpike projects that can be constructed under the authority of those acts, however, it is anticipated that the United States Congress will in the near future authorize the use of federal-aid highway funds apportioned or allocated to this state for assisting in the construction of or assisting in the paying of the debt service on revenue bonds issued for the construction of turnpike projects. Prompt action is necessary to insure that, should such authorization be enacted by the United States Congress, such federal-aid funds may be utilized for such turnpike project purposes. Therefore, it is declared, for these reasons, that an emergency exists and this act being essential for the preservation of the public peace, health and safety, shall take effect and be in full force on and after its passage and approval.”

Acts 1991, No. 872, § 27: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1991, No. 961, § 6: Mar. 29, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that in certain instances real estate taxes and other assessments have either not been collected or have been difficult to collect; that the provisions of this act are designed to alleviate such problems and that only by the immediate effectiveness of this act may such problems be solved and certain tax revenues and assessments be rightfully provided local taxing authorities. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 160, § 25: July 1, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1993 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1993 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1993.”

Acts 2003, No. 296, § 11: Mar. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for the planning and development of certain turnpike projects within the State of Arkansas, and that the planning and development will be facilitated by this act having immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 66, § 2: July 1, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that an increase in the amount of tool allowance is essential to specific employees; that delay in increasing this amount could cause harm to the proper administration of this program; and that this act is immediately necessary for these reasons. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2007.”

Acts 2016 (3rd Ex. Sess.), No. 1, § 23: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Arkansas bridges and roads are in need of repair and proper maintenance; that the repair and proper maintenance of Arkansas bridges and roads are necessary for the preservation of the public peace, health, and safety; that increased funding is essential to the repair and proper maintenance of Arkansas bridges and roads; that this act is designed to provide the necessary funding that is essential to the repair and proper maintenance of Arkansas bridges and roads, and this act is necessary because without this increased funding, the repair and proper maintenance of Arkansas bridges and roads may not be performed. Therefore, an emergency is declared to exist, and Sections 1-8, 13, 15, 18-21 of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2016.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Cross References. Death benefits for any police officer in the Arkansas State Highway and Transportation Department, § 12-8-212.

Payment to dependents of state highway employees, killed in the line of duty, § 21-5-701 et seq.

State highway commission, creation and organization, Ark. Const. Amend. 42.

Research References

Am. Jur. 7A Am. Jur. 2d, Auto., § 6 et seq.

39 Am. Jur. 2d, Highways, § 13 et seq.

C.J.S. 39A C.J.S., Highways, § 154 et seq.

27-65-101. Penalties.

    1. Any person under color of any official position connected with the State Highway Commission or under color of authority derived therefrom who shall perform any act detrimental to the public interest or against any private right shall be deemed guilty of a misdemeanor, unless the act shall be plainly authorized by law.
    2. Every such offense shall be punished by fine of not over five hundred dollars ($500) and by imprisonment for not over six (6) months.
  1. Any offense prohibited by this act and termed a felony shall be punishable by imprisonment in the penitentiary for not less than one (1) year nor more than five (5) years.

History. Acts 1913, No. 302, §§ 84, 85; C. & M. Dig., §§ 5219, 5220; Acts 1929, No. 65, § 60; Pope's Dig., §§ 6910, 6934, 6935; A.S.A. 1947, §§ 76-222, 76-529, 76-530.

Meaning of “this act”. Acts 1929, No. 65, codified as §§ 26-55-101, 27-14-305, 27-14-601, 27-15-1501 [repealed], 27-64-104, 27-65-101, 27-65-107, 27-65-110, 27-65-112, 27-65-13127-65-133, 27-67-101, 27-67-102, 27-67-201, 27-67-20627-67-208, 27-67-211, 27-67-214, 27-67-218.

27-65-102. Administration of department.

The administrative control of the Arkansas Department of Transportation shall be vested in the State Highway Commission.

History. Acts 1953, No. 123, § 1; A.S.A. 1947, § 76-201.1; Acts 2017, No. 707, § 361.

A.C.R.C. Notes. Acts 2013, No. 222, § 11, provided: “REPORTING REQUIREMENTS.

The Arkansas Highway Commission is hereby authorized to take appropriate action as necessary to restrict or reduce the operating, administration, and other associated costs of the State Highway and Transportation Department, including the Arkansas Highway Police Division, for the fiscal year ending June 30, 2014. Provided further, that the Arkansas Highway Commission is directed to furnish the Arkansas Legislative Council with an expenditure status report regarding the financial activities of the State Highway and Transportation Department at least quarterly, beginning no later than September 30, 1989.

“The provisions of this section shall be in effect only from July 1, 2013 through June 30, 2014.”

Acts 2014, No. 277, § 12, provided:

“REPORTING REQUIREMENTS. The Arkansas Highway Commission is hereby authorized to take appropriate action as necessary to restrict or reduce the operating, administration, and other associated costs of the State Highway and Transportation Department, including the Arkansas Highway Police Division, for the fiscal year ending June 30, 2015. Provided further, that the Arkansas Highway Commission is directed to furnish the Arkansas Legislative Council with an expenditure status report regarding the financial activities of the State Highway and Transportation Department at least quarterly, beginning no later than September 30, 1989.

“The provisions of this section shall be in effect only from July 1, 2014 through June 30, 2015.”

Acts 2015, No. 714, § 12, provided:

“REPORTING REQUIREMENTS. The Arkansas Highway Commission is hereby authorized to take appropriate action as necessary to restrict or reduce the operating, administration, and other associated costs of the State Highway and Transportation Department, including the Arkansas Highway Police Division, for the fiscal year ending June 30, 2016. Provided further, that the Arkansas Highway Commission is directed to furnish the Arkansas Legislative Council with an expenditure status report regarding the financial activities of the State Highway and Transportation Department at least quarterly, beginning no later than September 30, 1989.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

Case Notes

Construction.

This section cannot be said to affect the adjudicatory provisions of the Administrative Procedure Act, § 25-15-201 et seq.Ark. State Hwy. Comm'n v. Wood, 264 Ark. 425, 572 S.W.2d 583 (1978).

Cited: Robinson v. Arkansas State Hwy. & Transp. Comm'n, 532 F. Supp. 764 (E.D. Ark. 1982); White v. Hankins, 276 Ark. 562, 637 S.W.2d 603 (1982).

27-65-103. Office locations.

  1. The main office of the State Highway Commission shall be located in the City of Little Rock.
  2. The Arkansas Department of Transportation shall have its office in Little Rock, where complete records shall be kept.

History. Acts 1953, No. 123, §§ 1, 9; A.S.A. 1947, §§ 76-201.1, 76-201.9; Acts 2017, No. 707, § 362.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

Case Notes

Cited: Robinson v. Arkansas State Hwy. & Transp. Comm'n, 532 F. Supp. 764 (E.D. Ark. 1982); White v. Hankins, 276 Ark. 562, 637 S.W.2d 603 (1982).

27-65-104. Members.

  1. All appointments to the State Highway Commission shall be made so as to assure that the commission shall be composed of:
    1. One (1) member from each of the four (4) congressional districts as the districts exist at the time of a member's appointment; and
    2. One (1) member from the state at large.
  2. The members of the commission shall each receive one hundred dollars ($100) per diem and their actual expenses while engaged in the work of the commission.

History. Acts 1953, No. 123, § 8; 1975, No. 693, § 14; 1979, No. 794, § 26; 1979, No. 932, § 1; 1981, No. 932, § 26; A.S.A. 1947, §§ 76-201.1a, 76-201.8; Acts 2019, No. 331, § 1.

Publisher's Notes. The provision regarding actual expenses in subsection (b) may be affected by § 25-16-802 concerning mileage reimbursement for members of state boards and commissions.

Amendments. The 2019 amendment rewrote (a).

Cross References. Qualification, appointment, and terms of State Highway Commission members, Ark. Const, Amend. 42, § 2.

27-65-105. Organization.

The commissioners of the State Highway Commission, appointed pursuant to Arkansas Constitution, Amendment 42, shall organize by selecting one of their members as Chair of the State Highway Commission and another as vice chair. The vice chair shall have all the powers of the chair in the event of the chair's absence or disability or of a vacancy in the office.

History. Acts 1953, No. 123, § 2; A.S.A. 1947, § 76-201.2.

27-65-106. Meetings.

  1. The State Highway Commission shall meet at least once every two (2) months and at such other times, on the call of the Chair of the State Highway Commission or of a majority of the members, as may be deemed reasonable and proper to transact such business as may properly be brought before it.
  2. Three (3) members shall constitute a quorum of the commission for all purposes, except as provided in § 27-65-122.
  3. It shall be the duty of the commission to keep accurate minutes of all meetings of the commission in which shall be set forth all acts and proceedings of the commission.

History. Acts 1953, No. 123, §§ 6, 7; A.S.A. 1947, §§ 76-201.6, 76-201.7.

Research References

Ark. L. Rev.

Watkins, Open Meetings Under the Arkansas Freedom of Information Act, 38 Ark. L. Rev. 268.

27-65-107. Powers and duties generally — Definitions.

  1. The State Highway Commission shall be vested with the following powers and shall have the following duties:
    1. To divide the state highway system into such maintenance and construction districts as the commission deems reasonable and proper for the performance of its duties hereunder;
    2. To let all contracts for the construction, improvement, and maintenance of the roads comprising the state highway system upon such terms and upon such conditions as required by law;
    3. To comply fully with the provisions of the present or future federal aid acts. The commission may:
      1. Enter into all contracts or agreements with the United States Government relating to the survey, construction, improvement, and maintenance of roads under the provisions of any present or future congressional enactment;
      2. Submit any scheme or program for construction or maintenance as may be required by the Federal Highway Administration, or otherwise provided by federal acts; and
      3. Do all other things necessary and proper to carry out fully the cooperation contemplated and provided for by present or future acts of the United States Congress for the construction, improvement, and maintenance of roads in rural or urban areas;
    4. To establish a program of current and long-range planning for the state highway system and to develop and coordinate a balanced statewide unified transportation plan for all modes;
    5. To establish highway policies and administrative practices for the guidance and direction of the Director of State Highways and Transportation;
    6. To prepare the budget request, expenditures programs, and periodical allotments;
    7. To investigate highway conditions and official conduct of Arkansas Department of Transportation personnel;
    8. To gather and tabulate information and statistics on road building, maintenance, and improvements and to disseminate them through the state through appropriate channels;
    9. To employ labor and lease equipment;
    10. To establish a merit system under the merit council and a job classification system and a salary scale in the department;
    11. To make purchases of materials, supplies, and equipment as provided by law;
    12. To sell all obsolete equipment, surplus supplies, and material that cannot be used by the department, and the commission is authorized to furnish evidence of title to the purchaser. Sales shall be made according to law;
    13. To adopt rules to implement the commission’s powers;
    14. To adopt reasonable rules from time to time for the protection of, and covering, traffic on and in the use of the state highway system and in controlling use of, and access to, the highways, except that no provision contained herein shall be construed as repealing the existing “rules of the road”;
    15. To bring suits to enforce demands of the state under this chapter and cause all suits to enforce any contracts or demands arising under the provisions of this chapter to be brought by the Attorney General in the name of the state;
    16. To restrict certain trucks when traveling on freeways with six (6) or more lanes from traveling in the furthermost left lane of the highways and to post signs compliant with the manual and specifications adopted pursuant to § 27-52-104 to notify motorists of the restrictions under this subdivision (a)(16);
    17. To establish by properly promulgated and adopted rules reasonable fees that are necessary to carry out the powers and duties of the commission for applications, permits, licenses, and other administrative purposes including but not limited to driveways, logos, billboards, signage, sign visibility, and weight restricted roadway maintenance to support the administration and operation of programs for which the fees are assessed;
      1. To propose and submit rules regarding the:
        1. Criteria for distribution of funds and the distribution of funds from the:
          1. State Highway and Transportation Department Fund; and
          2. Road and Bridge Repair, Maintenance, and Grants Fund; and
        2. Spending priority designated for highway construction contracts and public road construction projects by the department and the commission, including the criteria used to establish the spending priority.
        1. The commission shall submit the proposed rules required under subdivision (a)(18)(A) of this section to the Highway Commission Review and Advisory Subcommittee of the Legislative Council for review.
        2. Proposed rules required under subdivision (a)(18)(A) of this section that are under consideration at the time the act passes do not require review by the Highway Commission Review and Advisory Subcommittee of the Legislative Council prior to implementation but shall be submitted to the Highway Commission Review and Advisory Subcommittee of the Legislative Council by October 1, 2017, as a report.
        3. The proposed rules required under subdivision (a)(18)(A) of this section are not required to be promulgated under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., but shall be published after review by the Highway Commission Review and Advisory Subcommittee of the Legislative Council; and
    18. To provide the Highway Commission Review and Advisory Subcommittee of the Legislative Council with a report on the progress of each public road construction project of ten million dollars ($10,000,000) or more at least quarterly or as required by the Highway Commission Review and Advisory Subcommittee of the Legislative Council.
  2. The rules, together with any additions or amendments thereto, prescribed by the commission under the provisions of this chapter shall have the force and effect of law. Any person, firm, or corporation violating any rule or any addition or amendment thereto shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100) for each offense.
  3. Notwithstanding any other provision of law to the contrary, the commission shall have the authority to enter into contracts that combine the design, construction, and construction engineering phases of a project into a single contract that shall be referred to as a “design-build project contract”.
  4. As used in this section:
    1. “Highway construction contract” means a contract for the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, right-of-way, or turnpike that is part of the state highway system; and
    2. “Public road construction project” means the construction, restoration, reconstruction, renovation, or repair of a road, highway, street, bridge, overpass, interchange, or right-of-way in which the construction, restoration, reconstruction, renovation, or repair is to be performed or is initiated by the department or the commission.

History. Acts 1929, No. 65, § 53; Pope's Dig., § 6903; Acts 1953, No. 123, § 5; 1977, No. 192, § 6; A.S.A. 1947, §§ 76-201.5, 76-217; Acts 2003, No. 460, § 1; 2007, No. 1054, § 1; 2013, No. 1362, § 4; 2015, No. 707, § 1; 2016 (3rd Ex. Sess.), No. 1, §§ 19, 20; 2017, No. 707, § 363; 2019, No. 315, §§ 3160, 3161.

A.C.R.C. Notes. Acts 2013, No. 1362, § 1, provided:

“(a) The Arkansas State Highway and Transportation Department regularly assesses fees for the issuance of permits, licenses, and for other administrative purposes as part of implementation and administration of statutory duties.

“(b) The purpose of this legislation is to ensure department compliance, to the extent necessary, with the requirements of Act 1159 of 2011 concerning the continuation of issuance of permits, licenses, and for other administrative purposes as part of implementation and administration of statutory duties.”

Acts 2016 (3rd Ex. Sess.), No. 1, § 1, provided: “This act shall be known and may be cited as the ‘Arkansas Highway Improvement Plan of 2016’.”

Amendments. The 2013 amendment added (a)(17).

The 2015 amendment redesignated former (b)(1) as (b), and deleted former (b)(2).

The 2016 (3rd Ex. Sess.) amendment added (a)(18), (a)(19), and (d).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(7).

The 2019 amendment deleted “and regulations” following “rules” in (a)(13), (a)(14), and in the first sentence of (b); and deleted “or regulation” following “rule” in the second sentence of (b).

Case Notes

Commissioners.

The members of the Highway Commission, although not judges, perform a quasi-judicial function and therefore, by analogy, should be subject to the appearance of bias standard for judges. Acme Brick Co. v. Missouri Pac. R.R., 307 Ark. 363, 821 S.W.2d 7 (1991).

Contracts.

The authority of State Highway Commission to let contracts for the construction and maintenance of highways is statutory, and any contract not let in the prescribed manner is unauthorized and voidable at the state's election. Leonard v. State ex rel. Attorney Gen., 185 Ark. 998, 50 S.W.2d 598 (1932).

Citizens' complaint against the Arkansas Department of Transportation did not state a cause of action for an illegal exaction under Ark. Const., Art. 16, § 13, where they did not allege that the department lacked the authority to enter into the agreement with the United States Fish and Wildlife Service (USFWS) or failed to follow any applicable statute, rule, or regulation with regard to the agreement, and the complaint did not allege any wrongdoing on the part of the State at all. The allegation that the USFWS took advantage of the department's highway-expansion project to force unreasonable terms on the state and the complaint's attempts to assert various contract defenses on the state's behalf were not sufficient to establish a claim for an illegal exaction. Prince v. Ark. State Hwy. Comm'n, 2019 Ark. 199, 576 S.W.3d 1 (2019).

Employees.

The State Highway Commission has implied authority to employ attorneys if their services are reasonably necessary to the primary object of constructing or maintaining roads. Parker v. Pace & Davis, 190 Ark. 950, 82 S.W.2d 259 (1935).

Portion of State Highway Commission's employee grievance procedure which required an employee to submit his written complaint directly to the designated employer representative held not to violate U.S. Const. Amend. 1. Smith v. Arkansas State Highway Employees, 441 U.S. 463, 99 S. Ct. 1826, 60 L. Ed. 2d 360, 1979 U.S. LEXIS 95 (1979).

Ferries.

The State Highway Commission has authority to operate ferries on state highways. Arkansas State Hwy. Comm'n v. Butler, 105 F.2d 732 (8th Cir. 1939).

Orders.

Order setting out requirements for construction of access driveways was not discriminatory under Ark. Const., Art. 2, § 3. Ark. State Hwy. Comm'n v. Hightower, 238 Ark. 569, 383 S.W.2d 279 (1964).

Where persons were granted permit to construct an access driveway to state highway, they were estopped from questioning validity of order requiring permit, for they had accepted the benefits of such order and therefore could not question its validity. Ark. State Hwy. Comm'n v. Hightower, 238 Ark. 569, 383 S.W.2d 279 (1964).

Parking Regulations.

State Highway Commission has authority to prohibit parking on state highway truck routes within city. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).

Pedestrians.

Former similar statute did not authorize the State Highway Commission to adopt a rule as to the side of the highway on which pedestrians should travel. Snow v. Riggs, 172 Ark. 835, 290 S.W. 591 (1927) (decision under prior law).

Suits Against Commission.

The State Highway Commission was held to be an agency of the state and could not be sued by contractors to recover a balance claimed to be due under a contract for construction work. Ark. State Hwy. Comm'n v. Nelson Bros., 191 Ark. 629, 87 S.W.2d 394 (1935) (decision under prior law).

Cited: Ottinger v. Blackwell, 173 F. Supp. 817 (E.D. Ark. 1959); Robinson v. Arkansas State Hwy. & Transp. Comm'n, 532 F. Supp. 764 (E.D. Ark. 1982); Medlock v. Arkansas State Hwy. Comm'n, 6 Ark. App. 361, 642 S.W.2d 336 (1982); Skeets v. Johnson, 805 F.2d 767 (8th Cir. 1986).

27-65-108. Agreements for promoting highway programs.

  1. The State Highway Commission is authorized to enter into agreements with groups or associations for the promotion of highway programs.
  2. Such agreements may contain provisions for collection and assessments of dues or contributions.

History. Acts 1987, No. 742, § 21.

A.C.R.C. Notes. Former § 27-65-108, concerning agreements for promoting highway programs, is deemed to be superseded by this section. The former section was derived from Acts 1985, No. 138 § 24; A.S.A. 1947, § 76-247.

27-65-109. Transfer agreements.

  1. The State Highway Commission is authorized to enter into agreements to exchange or agreements to transfer highways with appropriate county and municipal authorities.
  2. County and municipal authorities are authorized to enter into agreements with the commission to exchange or agreements to transfer highways in their respective highway systems.
  3. An exchange or transfer under this section shall include all property interests held by the transferring party.
  4. An exchange or transfer under this section does not require an exchange of money or other consideration.
  5. This section does not affect the authority of the commission under § 27-67-321 or § 27-67-322.

History. Acts 1961, No. 150, § 4; 2013, No. 764, §[1]; 2015, No. 378, § 1.

Publisher's Notes. Acts 1961, No. 150, § 5, provided that the act was supplemental to existing law on the subject.

The case of Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987), states that the language in the last sentence of subsection (b) of § 27-67-201, providing that the commission shall not have authority to eliminate any part of the highway system was repealed by implication, to the extent of the conflicting provisions, by the passage of this section.

Amendments. The 2013 amendment, in (a), substituted “is” for “and the county judges of the respective counties are” and “to exchange highways with appropriate county and municipal authorities” for “whereof certain highways in the state … part of the state highway system”; rewrote (b); and added (c) and deleted (d).

The 2015 amendment inserted “or agreements to transfer” in (a) and (b); inserted “or transfer” in (c) and added (d) and (e).

Case Notes

In General.

Although the provisions of § 27-67-201 that the commission shall not have authority to eliminate any part of the highway system have been repealed by implication to the extent they conflict with this section, the remainder of § 27-67-201 is unaffected, and accordingly remains in force. Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

Elimination.

The provisions in § 27-67-201 that the commissioners shall not have authority to eliminate any part of the highway system were repealed by implication to the extent they conflicted with this section, which authorizes the commissioners to exchange lands with county highway systems. Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

Exchange.

State highway and transportation department commissioners may exchange state highway system roads for county roads. Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

27-65-110. Records and reports.

  1. The State Highway Commission shall submit annually to the Governor a report of its activities.
  2. The commission shall make a biennial report to the General Assembly embodying a clear statement of all the questions that have arisen in that time and setting out such recommendations as it may think proper to make for the improvement of the road system of the state and for the efficiency of the department.
    1. The commission shall obtain and preserve such information, reports, maps, plats, books, records, and data of every kind as may be valuable on the subject of roads and highways. Its services in the matter of consultations and advice on the matter of public roads, and the improvement and maintenance thereof, shall be free to all officials of road improvement districts and to all state and county officers having need thereof.
    2. Any member of the commission or any employee who shall charge or receive any compensation for furnishing any information or data to any state or county official for state or county officials' use only, or commissioner of any road district, shall be guilty of a misdemeanor and be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

History. Acts 1913, No. 302, § 34; C. & M. Dig., § 5206; Acts 1929, No. 65, § 17; Pope's Dig., §§ 6499, 6508; Acts 1953, No. 123, § 11; A.S.A. 1947, §§ 76-201.11, 76-223, 76-238.

27-65-111. Purchase of equipment and supplies.

The following procedures shall be used by the State Highway Commission in the purchasing of all materials, supplies, and equipment:

  1. The commission may at current prices purchase materials, supplies, and equipment where the cost does not exceed the amount of one thousand dollars ($1,000) without the formality of advertising or taking bids; and
    1. In making purchases of materials, supplies, and equipment, the estimated total cost of which will exceed one thousand dollars ($1,000), the commission shall advertise in one (1) newspaper of statewide circulation seven (7) days prior to the date of receiving bids a notice to the effect that sealed bids will be received by the commission up to a time and date to be mentioned therein for furnishing the articles specified in the bid proposal.
    2. Contracts shall be awarded to the lowest and best bidder, price, quality, delivery cost, and time being considered. The commission shall advertise for price quotations on maintenance materials to be used for a six-month period, location and delivery cost to be considered in computing bids. However, if, in the opinion of the commission, bids submitted are not in the best interest of the state, it may reject any or all bids and may readvertise for bids.
    3. All bids received by the commission pursuant to this section shall be filed and preserved for a period of two (2) years.

History. Acts 1951, No. 247, §§ 1, 3; A.S.A. 1947, §§ 76-241, 76-242.

27-65-112. Acceptance of federal aid.

  1. The State of Arkansas assents to the provisions of the Act of Congress, approved July 11, 1916, 39 Stat. 1, 355, entitled “An Act to Provide That the United States Shall Aid the States in the Construction of Rural Post Roads, and for Other Purposes”, and to the provisions of all acts amendatory thereof or supplemental thereto.
  2. The State Highway Commission is authorized and empowered on behalf of the state to:
    1. Cooperate with the Secretary of Agriculture of the United States in every way contemplated by the above act of Congress or any acts of Congress hereafter passed, in the construction and improvement of roads in Arkansas, and to select and designate, in the name of the state, a proper system of state highways for the expenditure of federal-aid apportionments;
    2. Modify or revise the designation as required by proper federal authorities;
    3. Make the necessary application for allotments of federal aid;
    4. Submit all project statements, surveys, plans, specifications, estimates, and other reports or information required by the duly constituted federal authorities; and
    5. Enter into all necessary contracts with the proper federal authorities in order to secure the full cooperation of the United States Government and the benefit of all present and future allotments in aid of highway construction.
  3. The good faith of the state is pledged to maintain all roads in the state on which federal-aid funds have been or may hereafter be expended.
  4. The Treasurer of State is designated as the proper authority of the State of Arkansas to receive any amount heretofore paid and not disbursed or hereafter paid by the United States Government for the construction or improvement of roads in Arkansas.
  5. Any and all moneys so received shall be credited to the State Highway and Transportation Department Fund.

History. Acts 1929, No. 65, § 22; Pope's Dig., § 6550; A.S.A. 1947, § 76-522.

U.S. Code. The federal statute referred to in subsection (a) of this section is no longer codified. The federal laws relating to state aid for highways are found in Title 23 of the United States Code.

27-65-113. Relocation assistance.

  1. The State of Arkansas assents to the provisions of Section 30 of the Act of Congress entitled “The Federal-Aid Highway Act of 1968”, Public Law 90-495, approved August 23, 1968; the same being Chapter 5, Title 23 — Highways, United States Code.
  2. The State Highway Commission and the highway, road, and street authorities of the counties and the municipal corporations of Arkansas within their respective jurisdictions are authorized, empowered, and directed to perform such acts as may be necessary to provide relocation assistance in accordance with the provisions of Chapter 5, Title 23, United States Code, and the rules and regulations promulgated thereunder by the United States Secretary of Transportation.

History. Acts 1969, No. 246, §§ 1, 2; A.S.A. 1947, §§ 76-553, 76-554.

U.S. Code. The Federal-Aid Highway Act of 1968, referred to in this section, is codified as 23 U.S.C. § 101 et seq.

27-65-114. Tourist information bureaus.

  1. The State Highway Commission is authorized to establish and maintain tourist information bureaus and enter into agreements with and lease rights-of-way, land, and other facilities owned by the commission to persons, partnerships, associations, public or private corporations, or any agency of the State of Arkansas for the purpose of establishing and maintaining tourist information bureaus.
  2. The commission shall adopt and establish rules for the establishment and maintenance of the tourist information bureaus provided for in this section.

History. Acts 1971, No. 185, §§ 1, 2; A.S.A. 1947, §§ 76-244, 76-245; Acts 2019, No. 315, § 3162.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b).

27-65-115. Use of federal aid funds for turnpike projects.

Notwithstanding any provision of law to the contrary, the State Highway Commission is hereby authorized, in its discretion, to use any federal-aid highway funds apportioned or allocated to the State of Arkansas by the United States Secretary of Transportation or the Federal Highway Administration, which funds are authorized or may be authorized in the future by the United States Congress to be utilized in assisting in the construction of or for the purposes of assisting in the paying of the debt service on revenue bonds issued for the construction of any turnpike project or projects in this state, which project or projects may be undertaken by the commission under § 27-90-201 et seq.

History. Acts 1991, No. 547, § 1; 2003, No. 296, § 6.

27-65-116 — 27-65-121. [Reserved.]

  1. By a majority vote of the full State Highway Commission, the commission shall appoint a Director of State Highways and Transportation.
  2. The director shall be a practical business or professional person. At the time of appointment, the director may be a nonresident of the State of Arkansas.
  3. The director shall:
    1. Devote full time and attention to the duties set out herein;
    2. Receive compensation as fixed by the commission, unless a salary is fixed by the General Assembly in the appropriation act;
    3. Be reimbursed for actual traveling expenses while engaged in the discharge of duties;
    4. Be the chief executive officer of the Arkansas Department of Transportation and, subject to the approval of the commission, have direct and full control and management of the affairs relating to the state highways; and
    5. Attend all meetings of the commission and furnish the members with all information they may require for the proper administration of the department.
  4. The director may be removed from office by a majority vote of the full commission.

History. Acts 1953, No. 123, § 3; A.S.A. 1947, § 76-201.3; Acts 2017, No. 707, § 364.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(4).

Cross References. Appointment of director, Ark. Const. Amend. 42, § 6.

27-65-123. Secretary.

  1. The Arkansas Department of Transportation, with the advice and consent of the State Highway Commission, shall appoint an assistant who shall serve as secretary to the commission.
  2. The secretary:
    1. Shall keep full and true records of the proceedings of the commission;
    2. Shall be the custodian of all books, maps, documents, and papers filed with the commission and all orders made by the commission;
    3. Shall have, under the direction of the commission, general charge of its office;
    4. Shall superintend its clerical business;
    5. Shall perform such other duties as the director or the commission may require; and
    6. May designate one (1) of the clerks in his or her office to perform the duties of secretary during his or her absence. During this time, the clerk so designated shall possess the powers of the secretary.
  3. All suits involving the validity of this section or any portion thereof shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment. Appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

History. Acts 1933, No. 3, §§ 3, 9; Pope's Dig., §§ 6480, 6484; A.S.A. 1947, §§ 76-204, 76-208; Acts 2017, No. 707, § 365.

Publisher's Notes. Acts 1933, No. 3, § 7, provided in part that the act was amendatory of and cumulative to other laws relating to the Arkansas State Highway and Transportation Department.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-65-124. Personnel.

The State Highway Commission may employ such personnel as may be reasonable and proper and shall prescribe and fix their qualifications, duties, and salaries.

History. Acts 1953, No. 123, § 10; A.S.A. 1947, § 76-201.10.

27-65-125. Accountants.

The State Highway Commission may periodically, or whenever it deems advisable, employ expert public accountants to audit its records, books, accounts, and vouchers, or any part of them, so that the commission may always be advised of the exact status of the affairs under its control, and to aid it in the administration of its affairs.

History. Acts 1927, No. 112, § 17; A.S.A. 1947, § 76-212.

27-65-126. Engineers.

  1. The State Highway Commission shall have authority to employ a consulting engineer whenever it deems the services of such an engineer to be necessary or advisable, at a compensation to be agreed on by the commission and the engineer, with the amount of the compensation, however, to be subject in all cases to the approval of the Governor.
  2. All district highway engineers and other responsible engineering positions shall be filled by an engineer licensed under the laws of Arkansas.

History. Acts 1927, No. 112, § 16; 1947, No. 103, § 1; A.S.A. 1947, §§ 76-210, 76-211.

27-65-127. [Repealed.]

Publisher's Notes. This section, concerning free passes upon common carriers, was repealed by Acts 2005, No. 226, § 1. The section was derived from Acts 1913, No. 302, § 38; C. & M. Dig., § 5212; Pope's Dig., § 6513; A.S.A. 1947, § 76-239.

27-65-128. Investigations and reports by engineer and geologist.

  1. The consulting engineer and the State Geologist shall make such investigations and reports as the State Highway Commission may from time to time require.
  2. They shall be especially charged with the study of the road materials of the state, their location, relative value, cost, and durability, and the cost of transporting road materials to other parts of the state.
  3. They shall make such experiments and tests as they may be able with the equipment of the University of Arkansas and such funds as may be provided.
  4. They shall embody all the information gathered as to road materials in such published reports as may be convenient for distribution.

History. Acts 1913, No. 302, § 37; C. & M. Dig., § 5211; Pope's Dig., § 6512; A.S.A. 1947, § 76-225; Acts 1995, No. 1296, § 96.

27-65-129. Oaths.

  1. The members of the State Highway Commission and the Director of State Highways and Transportation, before entering upon the discharge of their duties, shall take oaths that they will faithfully and honestly execute the duties of their offices during their continuance therein.
  2. All employees of the commission shall take the following oath before assuming the duties of their employment:
  3. All suits involving the validity of subsection (b) of this section or any portion thereof shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in these suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

“I do solemnly swear (or affirm) that so long as I am an employee of the State Highway Commission of the State of Arkansas or of the Arkansas Department of Transportation, I will give my entire and undivided time to the work of the department, and that I will not accept other employment while in the employ of the department, nor will I be interested, either directly or indirectly, in any of the contracts, work, or other activity of the Arkansas Department of Transportation other than as employee of the department, nor in the purchase or sale of any material, machinery, or equipment bought for or sold by the department while an employee of the department; that I will not be interested otherwise than as an employee of the state in adding any road to the state highway system or in the improving of any road by the Arkansas Department of Transportation, nor in the appointment of any person to any position in connection therewith; and that I will diligently and impartially execute the duties of my employment, and I will never use any information or influence that I may have, by reason of my employment, to gain any pecuniary reward for myself, directly or indirectly, nor will I disclose information so that it may be used by others, so help me God.”

History. Acts 1933, No. 3, §§ 5, 9; Pope's Dig., §§ 6481, 6484; Acts 1949, No. 251, § 2; 1953, No. 123, § 4; A.S.A. 1947, §§ 76-201.4, 76-206, 76-208; Acts 2017, No. 707, § 366.

Publisher's Notes. Acts 1933, No. 3, § 7, provided in part that the act was amendatory of and cumulative to other laws relating to the Arkansas State Highway and Transportation Department.

Amendments. The 2017 amendment inserted “and Transportation” in (a); and substituted “Department of Transportation” for “State Highway and Transportation Department” three times in the second paragraph of (b).

Case Notes

Effect.

Oath of state highway engineer amounts to a prohibition against his entering into a contract for the construction of a public highway; the oath applies to contracts for highways provided for by special acts as well as those to be built under general law. Carter v. Bradley County Road Improv. Dist., 155 Ark. 288, 246 S.W. 9 (1922) (decision under prior law).

27-65-130. Bonds — Commissioner and director.

  1. Each commissioner of the State Highway Commission shall give bond, as required by law.
  2. Upon appointment, the Arkansas Department of Transportation shall execute a bond to the State of Arkansas in the sum of twenty-five thousand dollars ($25,000) for faithful performance of his or her duties.
  3. The premium on these bonds shall be paid out of the State Treasury from the annual appropriation for the commission.

History. Acts 1953, No. 123, §§ 3, 4; A.S.A. 1947, §§ 76-201.3, 76-201.4; Acts 2017, No. 707, § 367.

A.C.R.C. Notes. The operation of this section was suspended by adoption of a self-insured fidelity bond program for public officers, officials and employees, effective July 20, 1987, pursuant to § 21-2-701 et seq. The section may again become effective upon cessation of coverage under that program. See § 21-2-703.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-65-131. Bonds — Suppliers and employees.

  1. Every person who shall have charge of any supplies, materials, or equipment of any kind, exceeding five hundred dollars ($500) in aggregate value at any time, when deemed expedient by the State Highway Commission, shall furnish a surety bond in an amount equal to the value thereof, conditioned upon the proper care and use of it and the prompt delivery thereof or accounting therefor when required. The commission may require bonds of other employees as it may deem expedient.
  2. Every contractor for work in excess of one thousand dollars ($1,000) shall be required to furnish a bond to be approved by a majority of the commission in an amount at least equal to the amount of the contract, conditioned as the commission may require. These bonds shall also be liable for material, labor, supplies, and expenses used in or incidental to the work, including that which may become due to subcontractors, for which an action may be maintained on the bond by the parties to whom payments may be due.
  3. All bonds required by this act of officials or employees of the commission or required by the State Highway Commission of its employees shall be executed by a solvent surety company authorized to do business in the state and approved by the commission and filed with the Secretary of State, and the premium shall be paid out of the State Highway and Transportation Department Fund. The commission may itself take surety bonds on any or all employees and pay the premium thereon.

History. Acts 1929, No. 65, §§ 14, 15, 53; Pope's Dig., §§ 6492, 6493, 6903; A.S.A. 1947, §§ 76-217, 76-219, 76-220.

Cross References. Public contractors bonds, § 22-9-401.

Research References

U. Ark. Little Rock L.J.

Paul, The Law of Construction Bonds in Arkansas: A Review, 9 U. Ark. Little Rock L.J. 333.

Case Notes

Scope of Bond.

The only statutory requirement imposed by this section is that bonds furnished to the Highway Commission assume liability for the claims of laborers and materialmen, thus, the bond liability imposed by this section is limited to liability for material, labor, supplies, and expenses used in or incidental to the work, including that which may become due to subcontractors. United States Fid. & Guar. Co. v. Little Rock Quarry Co., 309 Ark. 269, 830 S.W.2d 362 (1992).

Cited: Ottinger v. Blackwell, 173 F. Supp. 817 (E.D. Ark. 1959).

27-65-132. Contracts between commission and employees.

  1. Engineers, attorneys, or other employees of the State Highway Commission are prohibited from making any contract with that commission, other than their contracts of employment.
  2. None shall be pecuniarily interested, directly or indirectly, in any contract made by the commission or in the location or improvement of any state road.
  3. Willful violation of this section shall be deemed a felony punishable by imprisonment in the Division of Correction for not less than one (1) year.

History. Acts 1929, No. 65, § 5; Pope's Dig., § 6486; A.S.A. 1947, § 76-221; Acts 2019, No. 910, § 1027

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (c).

27-65-133. Corruption in office.

Whoever, being a member of the State Highway Commission or an engineer, agent, or other employee, acting for or on behalf of the commission, shall accept or agree to accept, receive or agree to receive, ask or solicit, either directly or indirectly, and any person who shall give or offer to give, or promise, or cause or procure to be promised, offered, or given, either directly or indirectly, to any member of the commission, or any engineer, agent, or other employees acting for or on behalf of the commission, any moneys or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value or any political appointment or influence, present, or reward or any employment or any other thing of value with the intent to have his or her decision or action on any question, matter, cause, or proceeding which may at the time be pending, or which may by law be brought before him or her in his or her official capacity or in his or her place of trust or profit, influenced thereby, shall be deemed guilty of a felony, and upon conviction, shall be imprisoned in the penitentiary not less than one (1) nor more than five (5) years and shall forever after be disqualified from holding any office of trust or profit, under the Constitution or laws of this state.

History. Acts 1929, No. 65, § 60; Pope's Dig., § 6910; A.S.A. 1947, § 76-222.

27-65-134. Venue in suits against state highway officers.

  1. Suits against any state officer involving any act done or proposed to be done in the administration of the Arkansas Department of Transportation or of any law pertaining to the state highway system shall be brought only at the seat of government, in Pulaski County.
  2. However, where any suit may be filed against any contractor, or persons engaged in the construction of state highways or on account of any claim growing out of any contract, express or implied, or on account of any damages to person or property, the suits may be filed in any county in this state where service can be obtained upon the defendant by summons or publication of a warning order, and it shall give the court in which the suit is filed against the defendant jurisdiction when service is complete.

History. Acts 1933, No. 50, § 1; Pope's Dig., § 6514; A.S.A. 1947, § 76-232; Acts 2017, No. 707, § 368.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Case Notes

In General.

A suit against the Arkansas State Highway Commission involving any action done or proposed to be done in administration of the Arkansas State Highway and Transportation Department must be brought in Pulaski County, and the Attorney General is not authorized to enter the appearance of the commission in such an action instituted elsewhere. Arkansas Hwy. Comm'n v. Holt, 190 Ark. 868, 81 S.W.2d 929 (1935).

Tort Actions.

This section does not apply to suits in tort. Southeast Constr. Co. v. Wood, 223 Ark. 328, 265 S.W.2d 722 (1954).

Cited: Arkansas State Racing Comm'n v. Southland Racing Corp., 226 Ark. 995, 295 S.W.2d 617 (1956).

27-65-135. Fiscal year.

  1. The fiscal year of the Arkansas Department of Transportation shall be from July 1 to June 30 of each year.
  2. The State Highway Commission is exempted from the provisions of Acts 1971, No. 585, §§ 9, 10 [superseded].

History. Acts 1933, No. 92, § 2; Pope's Dig., § 6522; Acts 1971, No. 585, § 18; A.S.A. 1947, §§ 76-202, 76-246; Acts 2017, No. 707, § 369.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-65-136. Prohibition on increasing number of employees before election.

  1. Within ninety (90) days preceding any primary election, the Arkansas Department of Transportation shall not increase the number of its employees beyond the average number of employees the department employed and supervised during the twelve (12) months prior to the primary election, except in case of floods.
  2. The commissioners of the State Highway Commission and the Treasurer of State shall not, at the penalty of being liable upon their official bonds, make any payment for salary to employees engaged by the department in violation of the provisions of this section.

History. Acts 1938 (1st Ex. Sess.), No. 14, § 1-A; 2017, No. 707, § 370.

Amendments. The 2017 amendment, in (a), substituted “Department of Transportation” for “State Highway Department” and “of employees the department employed and supervised” for “which were employed by it and under its supervision”.

27-65-137. Special expense allowances.

  1. Due to his or her exacting and special duties, the Director of State Highways and Transportation is hereby authorized an expense allowance of five hundred dollars ($500) per month upon approval of the State Highway Commission.
  2. The commission shall provide for an expense allowance of up to two thousand dollars ($2,000) per annum for each chief, captain, first lieutenant, second lieutenant, sergeant, corporal, patrolman first class, patrolman, and motor carrier safety inspector of the Arkansas Highway Police Division of the Arkansas Department of Transportation.

History. Acts 1991, No. 872, § 17; 1993, No. 160, § 16; 2017, No. 707, § 371.

A.C.R.C. Notes. Former § 27-65-137, concerning expense allowances, is deemed to be superseded by this section. The former section was derived from Acts 1989 (1st Ex. Sess.), No. 67, § 16. A similar provision which was also codified as § 27-65-137, and was previously superseded, was derived from Acts 1987, No. 742, § 16.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-65-138. Acquisition of property.

  1. Notwithstanding the provisions of any laws to the contrary, the Arkansas Department of Transportation, acting on behalf of the State Highway Commission, is hereby authorized, on acquiring whole taxable parcels of property upon which real estate taxes or assessments are due and payable or which shall become due and payable for any time period prior to the acquisition, to collect from the owner or owners of such property such taxes or assessments and to remit such taxes or assessments to the appropriate taxing or assessing authorities.
  2. Likewise, upon a showing by the department of such tax or assessment amounts, the courts of this state may deduct such amounts prior to delivering any orders regarding compensation by the department or commission to the owner or owners, and the department shall remit such taxes or assessments to the appropriate taxing or assessing authorities. In those instances where the department acting on behalf of the commission has deposited an estimated just compensation amount with the court, the department shall notify the county tax collector of that deposit.

History. Acts 1991, No. 961, § 1; 2001, No. 1135, § 1; 2017, No. 707, § 372.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-65-139. Uniform allowance.

    1. The State Highway Commission is hereby authorized to pay from funds appropriated for maintenance and operation a uniform allowance not to exceed one thousand eight hundred dollars ($1,800) per annum for all uniformed personnel of the Arkansas Highway Police Division of the Arkansas Department of Transportation.
    2. The above-mentioned per annum allowance shall be divided and paid on a monthly basis for each month of the employment for those eligible personnel of the Arkansas Highway Police Division of the department.
  1. Provided further, that when uniformed personnel are hired, they shall be paid an initial lump sum uniform allowance of two hundred dollars ($200) that shall be in addition to the monthly allowance as herein provided.

History. Acts 1993, No. 160, § 12; 2001, No. 1688, § 1; 2017, No. 707, § 373.

Amendments. The 2017 amendment, in (a)(1), deleted “(Arkansas Highway Police Patrol Officer through Chief, Police Division)” following “uniformed personnel”, and substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-65-140. Tool allowance.

  1. The State Highway Commission may pay from funds appropriated for maintenance and operation a tool allowance of five hundred forty dollars ($540) per annum for each mechanic, electrical, plumbing, and mechanical repairer, welder, or body repairer and painter employed by the Arkansas Department of Transportation who works on highway equipment and facilities.
  2. The allowance authorized by subsection (a) of this section shall be equated to forty-five dollars ($45.00) per month for each month of employment for the eligible personnel of the department.

History. Acts 1993, No. 160, § 13; 2007, No. 66, § 1; 2017, No. 450, § 1; 2017, No. 707, § 374.

Amendments. The 2007 amendment substituted “four hundred eighty dollars ($480)” for “three hundred sixty dollars ($360)” in (a); and substituted “forty dollars ($40.00)” for “thirty dollars ($30.00)” in (b).

The 2017 amendment by No. 450, in (a), substituted “may” for “is hereby authorized to” and “five hundred forty dollars ($540)” for “four hundred eighty dollars ($480)”; and, in (b), deleted “aforementioned” preceding “allowance”, inserted “authorized by subsection (a) of this section”, and substituted “forty-five dollars ($45.00)” for “forty dollars ($40.00)”.

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-65-141. Payment of claims for damages to personal property.

The Arkansas Department of Transportation is hereby authorized to pay amounts not to exceed twenty-five thousand dollars ($25,000) per claim for damages to personal property of others resulting from the operation of any motor vehicle or other motorized equipment of the department upon determination by the Arkansas State Claims Commission that the claim is valid after hearing the facts thereof and after prior review by the Claims Review Subcommittee of the Legislative Council and the Legislative Council.

History. Acts 1993, No. 160, § 14; 2017, No. 707, § 375.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”, inserted “Arkansas” preceding “State Claims”, and substituted “Subcommittee” for “Committee”.

27-65-142. Moving expense.

The State Highway Commission is hereby authorized to pay from funds appropriated from maintenance and operation the actual expense of moving the household and personal property of those employees of the Arkansas Department of Transportation who because of their job assignments are required to move their places of residence by the commission by the Director of State Highways and Transportation, subject to the approval by the director for each move so required.

History. Acts 1993, No. 160, § 15; 2017, No. 707, § 376.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-65-143. Award of pistol, shotgun, or both upon retirement or death.

When a highway police patrol officer of the Arkansas Highway Police Division of the Arkansas Department of Transportation retires from service or dies while still employed with the Arkansas Department of Transportation, in recognition of and appreciation for the service of the retiring or deceased officer, the State Highway Commission may award the pistol or the shotgun, or both, carried or used by the officer while on duty at the time of his or her death or retirement from service to:

  1. The officer upon retirement; or
  2. The officer's spouse if the officer is deceased and the spouse is eligible under applicable state and federal laws to possess a firearm.

History. Acts 2005, No. 2244, § 1; 2013, No. 307, § 1; 2015, No. 1158, § 13; 2017, No. 707, § 377.

Amendments. The 2013 amendment rewrote the section heading; and substituted “in recognition of and appreciation for … his or her death or retirement from service to” for “the State Highway Commission may award … death or retirement from service to” in the introductory language.

The 2015 amendment, in the introductory language, substituted the second occurrence of “Arkansas State Highway and Transportation Department” for “department” and inserted “or” preceding “the shotgun.”

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” twice.

27-65-144. Additional annual reporting.

  1. The Arkansas Department of Transportation shall analyze all reported wrong-way crashes on interstate highways and other freeways that are a part of the state highway system to determine whether the installation of additional traffic control devices is warranted and feasible in order to reduce the possibility of future wrong-way crashes.
  2. Any additional traffic control devices installed under subsection (a) of this section shall conform to the Manual on Uniform Traffic Control Devices for Streets and Highways, approved by the Federal Highway Administration as the national standard in accordance with 23 U.S.C. § 109(d), 23 U.S.C. § 114(a), 23 U.S.C. § 217, 23 U.S.C. § 315, 23 U.S.C. § 402(a), 23 C.F.R. Part 655, and 49 C.F.R. §§ 1.48(b)(8), 1.48(b)(33), and 1.48(c)(2), and is the manual adopted by the State Highway Commission under § 27-52-104.
  3. A person may not file a legal action as a result of the implementation of any recommendations made from studies conducted under this section.

History. Acts 2009, No. 641, § 1; 2017, No. 707, § 378.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-65-145. Transportation-Related Research Grant Program — Definition.

  1. As used in this section, “transportation-related research” means the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions to provide resilient and sustainable logistics, processes, materials, and methods to ensure cost-effectiveness and the furtherance of education and economic development concerning all forms of transportation, including without limitation rail, public transportation, aviation, and waterborne transportation.
  2. The Transportation-Related Research Grant Program is established to provide grants to publicly funded institutions of higher education for transportation-related research.
  3. A publicly funded institution of higher education may submit an application to receive a grant for transportation-related research to the Arkansas Department of Transportation, which includes without limitation:
    1. A brief description of the transportation-related research;
    2. An estimate of the cost-effective benefits of the transportation-related research;
    3. The economic development anticipated from the transportation-related research; and
    4. Any other information requested by the department.
  4. The department may award a grant to a publicly funded institution of higher education using funds available in the Future Transportation Research Fund for transportation-related research that meets the criteria established by the department.
  5. The department and the State Highway Commission shall promulgate rules to implement and administer this section, including without limitation the:
    1. Application process;
    2. Disbursement of grant funds; and
    3. Criteria required under subsection (d) of this section.

History. Acts 2017, No. 705, § 3.

27-65-146. Proposed legislation — Reporting and approval requirements.

  1. By December 1 of each year immediately preceding a regular session of the General Assembly, the Director of State Highways and Transportation shall present to the State Highway Commission for its approval, by recorded vote, all draft legislation that will be presented for filing during the regular session by the Arkansas Department of Transportation.
  2. The meeting at which the draft legislation is presented by the director to the commission shall be an open public meeting, in accordance with the requirements of § 25-19-106 of the Freedom of Information Act of 1967.
  3. Following approval of the commission of the draft legislation of the department, the director, or his or her designee, shall report to the Legislative Council at its December meeting regarding the legislative package of the department.
    1. The department may introduce draft legislation not presented to the Legislative Council at its December meeting under subsection (c) of this section if the commission:
      1. Finds that imminent peril to the public health, safety, or welfare or compliance with a federal law or regulation requires introduction of additional legislation; and
      2. Discusses and votes on the need for the additional legislation in an open public meeting.
    2. The director shall report the outcome of the commission's determination regarding the need for additional legislation and provide copies of the draft legislation to the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

History. Acts 2019, No. 299, § 1.

27-65-147. Additional reporting before each regular session and each fiscal session — Definitions.

  1. As used in this section:
    1. “Congested route” means a street or highway that is part of the state highway system and is:
      1. A rural two-lane street or highway with an average daily traffic count of nine thousand (9,000) or more vehicles each day;
      2. An urban two-lane street or highway with an average daily traffic count of thirteen thousand (13,000) or more vehicles each day;
      3. A four-lane street or highway with an average daily traffic count of fifty thousand (50,000) or more vehicles each day; or
      4. A six-lane street or highway with an average daily traffic count of eighty thousand (80,000) or more vehicles each day;
    2. “Discretionary funds” means funds available for use by the State Highway Commission or the Arkansas Department of Transportation that are not:
      1. Designated for a specific use under law;
      2. Required by law or by contract to be used for debt service; or
      3. Required by law or by contract to be used as a source for matching funds; and
    3. “Peak usage time” means the time of day during the week that the majority of people use streets and highways to travel to and from work or school, or both.
  2. Upon the convening of the General Assembly at each regular session and each fiscal session, the Director of State Highways and Transportation shall provide the following information in report form to all members of the General Assembly:
    1. The location of the ten (10) most congested routes in urban areas;
    2. The location of the ten (10) most congested routes in rural areas;
    3. For each county in the state, the five (5) locations that have the highest number of vehicle accidents and the five (5) locations that have the highest number of fatal vehicle accidents;
    4. The expenditure per person of state and federal highway funds, including without limitation discretionary funds, in each congressional district over the preceding ten (10) years;
    5. The number of miles of the state highway system that are in each congressional district; and
    6. The expenditures made per congressional district of state and federal highway funds, including without limitation discretionary funds, for the preservation of the state highway system.

History. Acts 2019, No. 789, § 1.

27-65-122. Director of State Highways and Transportation.

Chapter 66 Establishment and Maintenance Generally

Research References

ALR.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge. 2 A.L.R.4th 635.

Construction contractor's liability for injuries to third persons by materials or debris on highway during course of construction or repair. 3 A.L.R.4th 770.

Liability, in motor vehicle-related cases, of governmental entity for injury, death, or property damage resulting from defect or obstruction in shoulder of street or highway. 19 A.L.R.4th 532.

Governmental liability to advertiser arising from obstruction of public view of sign on account of growth of vegetation in public way. 21 A.L.R.4th 1309.

Liability for failure to reduce vegetation obscuring view at railroad crossing or at street or highway intersection. 22 A.L.R.4th 624.

Damages resulting from temporary conditions incident to public improvements or repairs as compensable taking. 23 A.L.R.4th 674.

State or local governmental unit's liability for injury to private highway construction worker based on its own negligence. 29 A.L.R.4th 1188.

Personal injury liability of civil engineer for negligence in highway or bridge construction or maintenance. 43 A.L.R.4th 911.

Am. Jur. 39 Am. Jur. 2d, Highways, § 22 et seq.

C.J.S. 39A C.J.S., Highways, § 2 et seq.

60 C.J.S., Motor Veh., § 168 et seq.

Subchapter 1 — General Provisions

Preambles. Acts 1937, No. 262 contained a preamble which read:

“Whereas, it is probable that the Arkansas State Highway Department will receive from the United States Government, through the Bureau of Public Roads, funds for the construction of roads other than the roads on the State Highway system; and

“Whereas, it is necessary to assure the Bureau of Public Roads that proper maintenance on these roads will be had, if and when constructed….”

Effective Dates. Acts 1937, No. 262, § 2: approved Mar. 17, 1937. Emergency clause provided: “Because of the fact that these funds might become available immediately, and this act being necessary for the immediate preservation of public peace, health, and safety, an emergency is hereby declared to exist and this act is declared to be in force and effect immediately after its passage.”

Acts 1953, No. 114, § 6: Feb. 20, 1953. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that great savings of funds may be effected by the pooling of equipment and funds for the maintenance and construction of county roads by the State Highway Commission under contracts between the various Counties and the State Highway Commission, and that enactment of this bill will provide for more efficiency in the construction, repair, and maintenance of county roads. Therefore, due to the financial condition of many counties in this State, it is advisable that they be at once empowered to enter into such agreements, and this act thus being necessary for the preservation of the public peace, health and safety, an emergency is declared to exist, and this act shall take effect and be in force from and after the date of its approval.”

27-66-101. Construction and maintenance contracts between state and county.

    1. The State Highway Commission is authorized and empowered to enter into contracts with as many as two (2) counties of this state under the terms of which, in consideration of the sum agreed to be paid by the particular county, the commission will be authorized, permitted, and required to assume the work of construction, repair, and maintenance of all the county roads in the particular county or, part thereof that may be agreed upon in the contract.
    2. The counties are authorized and empowered to enter into contracts with the commission.
  1. The contracts authorized by this section may provide for the use of the machinery and equipment belonging to the county, or of the machinery and the equipment belonging to the commission, or the machinery and equipment of both, in the construction, repair, and maintenance of county roads.
  2. No contract herein authorized shall be for a period extending beyond the end of the term for which the county judge of the contracting county was elected.
  3. Nothing contained in this section shall have the effect of adding any county roads to the state highway system, nor shall any contracts remove from the county court of the contracting county exclusive jurisdiction over the roads within that county.
  4. Nothing in this section shall reduce or diminish, or have any effect upon, the amount of money now paid by the state to the various counties for road purposes.

History. Acts 1953, No. 114, §§ 1-5; A.S.A. 1947, §§ 76-1034 — 76-1038.

27-66-102. Maintenance of roads under supervision of federal agency.

If and when it becomes necessary, the Arkansas Department of Transportation will be permitted to expend highway maintenance funds for the maintenance and repair of highways not in the state highway system and that are constructed with public funds expended under the supervision of the Federal Highway Administration.

History. Acts 1937, No. 262, § 1; Pope's Dig., § 6529; A.S.A. 1947, § 76-508; Acts 2017, No. 707, § 379.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”; and made a stylistic change.

Subchapter 2 — Road Designation Generally

Cross References. Highway designation, construction, and maintenance, § 27-67-201 et seq.

Effective Dates. Acts 1859, No. 158, § 2: effective on passage.

Acts 1868, No. 10, § 2: effective on passage.

Acts 1871, No. 26, § 74: effective on passage.

Acts 1923, No. 461, § 3: Mar. 20, 1923. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall take effect and be in force from and after its passage and approval.”

Acts 1923, No. 666, § 8: approved Mar. 23, 1923. Emergency clause provided: “This act being necessary for the public peace, health and safety, an emergency is declared and it shall take effect and be in force from and after its passage.”

Acts 1947, No. 104, § 2: effective on passage.

27-66-201. Worked roads.

All public roads in the several counties in this state on which the several county courts have, from time to time, appointed overseers to work, and directed that hands should be apportioned therefor, shall be declared and deemed to be public roads, without regard to any informality of the several county courts, or either of them, by which they were ordered to be declared public roads in their several counties.

History. Acts 1859, No. 158, § 1, p. 188; C. & M. Dig., § 5223; Pope's Dig., § 6937; A.S.A. 1947, § 76-101.

Case Notes

Establishment Generally.

It is not necessary that a public road be established by county court; rather, it can be established by dedication on part of the owner of the soil over which it runs, and the assent thereto and use thereof by the public, or by prescription. Patton v. State, 50 Ark. 53, 6 S.W. 227 (1887). See also Fitzgerald v. Saxton, 58 Ark. 494, 25 S.W. 499 (1894).

There was no public road when road was not legally established and the use by the public amounted to no more than use by license of the owner, even though overseers for the road were appointed, where no work was done on the road. Jones v. Phillips, 59 Ark. 35, 26 S.W. 386 (1894).

This section does not contain a limitation period; it means that a public road does not have to be established by a formal order of the county court, but that a prescriptive right-of-way can be established by the county working the road for a period of seven years. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Evidence.

In action for obstructing public road, evidence that it had been long used as a public road and the county and recognized it as such by making it a part of road district and appointing an overseer to work it constituted a prima facie showing of a statutory highway. Howard v. State, 47 Ark. 431, 2 S.W. 331, 1886 Ark. LEXIS 72 (1886).

In prosecution for obstruction of public road, evidence that road as established by court was enclosed by a fence and that no attempt was made to reopen it and that public then used the land of another along the side of the fence and the land was worked by the overseers as the road and such use was continued for a period of over seven years showed a public road in the new location. Patton v. State, 50 Ark. 53, 6 S.W. 227 (1887); Ayers v. State, 59 Ark. 26, 26 S.W. 19 (1894).

Failure to Work Road.

A conviction for failure to work a public road would not be sustained where there was no evidence either that the road was laid out by the federal government as a military road or that overseers had been appointed by the county court with directions that hands be apportioned to work the road, or that the public, with knowledge of the owner, had claimed and exercised the right of using the road as a public highway for a period of seven years. Washington v. State, 147 Ark. 135, 227 S.W. 28, 1921 Ark. LEXIS 130 (1921).

Prescription.

Where a strip of land adjoining a block fronting on a railroad right-of-way was laid out by common owner as a street, although there was no formal dedication for public use, the use of the land generally by the public for more than 20 years gave rise to the right by prescription to the use of the roadway. Magnolia Petro. Co. v. Langford, 213 Ark. 746, 212 S.W.2d 22 (1948).

Gravel road that ran across appellant's property to appellee's property was properly declared to be a county road; the county had maintained and improved the road for longer than the prescriptive right-of-way time period of seven years and the road had been used as a mail route for over 20 years, which qualified the road for designation as a county road pursuant to § 27-66-205. Frazier-Hampton v. Hesterly, 89 Ark. App. 211, 201 S.W.3d 447 (2005).

27-66-202. Established roads.

All roads and highways established by any of the county courts of this state since November 1, 1865, as public roads and all public roads of this state upon which overseers have been appointed by any of the county courts of this state since November 1, 1865, are declared public roads and highways.

History. Acts 1868, No. 10, § 1, p. 34; C. & M. Dig., § 5224; Pope's Dig., § 6938; A.S.A. 1947, § 76-102.

27-66-203. Existing roads and military roads.

All roads in this state heretofore laid in pursuance of law, all roads heretofore laid out by the United States in this state and all public roads known as military roads, which have not been vacated according to law are declared public highways.

History. Acts 1871, No. 26, § 1, p. 56; C. & M. Dig., § 5222; Pope's Dig., § 6936; A.S.A. 1947, § 76-103.

27-66-204. Certain direct routes to county courthouse.

The county judge in his or her discretion may designate as a county road any road that is the most direct route to the county courthouse for ten (10) or more families if that road is graded and has been used by the general public as a road for at least two (2) years.

History. Acts 1923, No. 666, § 3; Pope's Dig., § 6971; Acts 1983, No. 165, § 1; A.S.A. 1947, § 76-104.

Research References

Ark. L. Notes.

Foster, The County Road Quagmire: How to Establish the Existence of a County Road and Other Ingress, Egress Conundrums, 2008 Ark. L. Notes 33.

U. Ark. Little Rock L.J.

Arkansas Law Survey, Freeman, Property, 8 U. Ark. Little Rock L.J. 197.

Case Notes

Purpose.

The purpose of this section and §§ 22-1-201, 27-66-205, 27-66-207, and 27-66-208 is to protect rural roads from hostile claims of adverse possessors. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Adverse Possession.

Section 22-1-201, prohibiting adverse possession of public thoroughfares, this section, and § 27-66-205 must be interpreted as one act; in that context, § 27-66-205 obviously means that, if a road serves as a mail route, it is designated as a public road and cannot be acquired from the county by adverse possession, while this section means that if a road is the most direct route to the county courthouse for 10 or more families, has been graded, and has been used by the public for two years or more it is classified as a public road and cannot be acquired by adverse possession. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Prescription.

Neither this section nor § 27-66-205 shortened the period for the ripening of a right to prescriptive use; both statutes are solely to protect rural roads from adverse possessors. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Cited: Johnson v. Wylie, 284 Ark. 76, 679 S.W.2d 198 (1984).

27-66-205. Mail routes.

The county judge in his or her discretion may designate as a county road any road that is used as a mail route or a free rural mail delivery route if the road is designated as a mail route by the proper postal authorities of the United States Government.

History. Acts 1923, No. 666, § 4; Pope's Dig., § 6972; Acts 1983, No. 165, § 2; A.S.A. 1947, § 76-105.

Research References

U. Ark. Little Rock L.J.

Arkansas Law Survey, Freeman, Property, 8 U. Ark. Little Rock L.J. 197.

Case Notes

Purpose.

The purpose of this section and §§ 22-1-201, 27-66-204, 27-66-207, and 27-66-208 is to protect rural roads from hostile claims of adverse possessors. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Adverse Possession.

Section 22-1-201, prohibiting adverse possession of public thoroughfares, § 27-66-204, and this section must be interpreted as one act; in that context, this section obviously means that, if a road serves as a mail route, it is designated as a public road and cannot be acquired from the county by adverse possession, while § 27-66-204 means that if a road is the most direct route to the county courthouse for 10 or more families, has been graded, and has been used by the public for two years or more it is classified as a public road and cannot be acquired by adverse possession. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

County Roads.

County road held not created. Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).

Gravel road that ran across appellant's property to appellee's property was properly declared to be a county road pursuant to § 27-66-201; the county had maintained and improved the road for longer than the prescriptive right-of-way time period of seven years and the road had been used as a mail route for over 20 years, which qualified the road for designation as a county road pursuant to this section. Frazier-Hampton v. Hesterly, 89 Ark. App. 211, 201 S.W.3d 447 (2005).

Mailbox.

Mail patron has a floating easement for the placement of a mailbox in the road's right-of-way dedicated for “public use.” Lawson v. Sipple, 319 Ark. 543, 893 S.W.2d 757 (1995).

Prescription.

Neither § 27-66-204 nor this section shortened the period for the ripening of a right to prescriptive use; both statutes are solely to protect rural roads from adverse possessors. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

Cited: Johnson v. Wylie, 284 Ark. 76, 679 S.W.2d 198 (1984).

27-66-206. School bus routes.

  1. The county judge in his or her discretion may designate as county roads those roads used as school bus routes.
  2. Upon declaring a road a county road pursuant to this section, the county judge shall take charge of the road and cause the road to be maintained and repaired the same as other county roads.

History. Acts 1923, No. 461, §§ 1, 2; Pope's Dig., §§ 6969, 6970; Acts 1947, No. 104, § 1; 1983, No. 166, §§ 1, 2; A.S.A. 1947, § 76-106, 76-107.

Case Notes

County Roads.

County road held not created. Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).

Public Declarations.

A county judge acted properly in declaring a private road to be a county road where the judge found that the road had been used as a school bus route for 10 years or longer and had been maintained by the county for an equal period. Johnson v. Wylie, 284 Ark. 76, 679 S.W.2d 198 (1984).

Public Usage.

Where an owner permitted what might otherwise have been a private road to be used as a school bus route for upwards of 10 years and permitted the county to repair and maintain the road for a comparable period, he could not be heard to complain that his property was taken without compensation when the county judge declared the road to be a county road pursuant to this section; in effect, the declaration of public usage simply recognized what the owner's actions had already created by sufferance. Johnson v. Wylie, 284 Ark. 76, 679 S.W.2d 198 (1984).

27-66-207. Streets or roads dedicated to the public.

  1. The county judge in his or her discretion may designate as a county road any street or road dedicated to the public as a public thoroughfare, provided that a bill of assurance making the dedication is properly recorded.
  2. Unless a plat clearly reflects roads that are private, the county recorder shall not accept any plats in the unincorporated area of the county without the county court's acceptance of:
    1. Roads for perpetual maintenance; and
    2. Dedication of land for public purposes.

History. Acts 1923, No. 666, § 5; Pope's Dig., § 6973; Acts 1983, No. 463, § 1; A.S.A. 1947, § 76-108; Acts 2005, No. 861, § 1; 2007, No. 827, § 239.

Amendments. The 2007 amendment substituted “roads that are private” for “that roads are private roads” in (b).

Case Notes

Purpose.

The purpose of this section and §§ 22-1-201, 27-66-204, 27-66-205, and 27-66-208 is to protect rural roads from hostile claims of adverse possessors. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

County Roads.

County road held not created. Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).

Circuit court had jurisdiction to enter an injunction and monetary judgment against a county judge in the landowners' trespass action and to find that the road at issue was not a county road because there was no evidence that the road had been dedicated to the public or that a bill of assurance had been recorded, as required by this section, nor of compliance with any of the other methods by which a county road could be created, and there was conflicting testimony as to whether a road to a cemetery existed on the landowners' property. Hinchey v. Taylor, 2015 Ark. App. 207 (2015).

Nature of Interests.

Interest the public acquired by dedication of land for highway or street was merely an easement or right of passage over the soil; the original owner still retained the fee with all rights of property not inconsistent with public use. Taylor v. Armstrong, 24 Ark. 102 (1863) (decision under prior law).

Prescription.

A road became established as a public highway by prescription where the public, with knowledge of owner of soil, had claimed and continuously exercised the right of using it for a public highway for a period of seven years, unless it was so used by leave, favor, or mistake. Howard v. State, 47 Ark. 431, 2 S.W. 331, 1886 Ark. LEXIS 72 (1886); Patton v. State, 50 Ark. 53, 6 S.W. 227 (1887); Fitzgerald v. Saxton, 58 Ark. 494, 25 S.W. 499 (1894); Ayers v. State, 59 Ark. 26, 26 S.W. 19 (1894); Jones v. Phillips, 59 Ark. 35, 26 S.W. 386 (1894) (preceding decisions under prior law).

Railroad Right-of-Way.

Where municipal corporation granted to a railroad company a right-of-way along a street, without abandoning its use as a street, public had right to use the street as well as the railroad company, and rights of each had to be exercised with due regard to rights of the other. St. Louis, Iron Mountain & S. Ry. v. Neely, 63 Ark. 636, 40 S.W. 130 (1897) (decision under prior law).

Cited: Gilbert v. Life & Cas. Ins. Co., 185 Ark. 256, 46 S.W.2d 807 (1932).

27-66-208. Land deeded to county.

The county judge in his or her discretion may designate as a county road any strip of ground deeded by the owners to the county for a public thoroughfare.

History. Acts 1923, No. 666, § 6; Pope's Dig., § 6974; Acts 1983, No. 463, § 2; A.S.A. 1947, § 76-109.

Case Notes

Purpose.

The purpose of this section and §§ 22-1-201, 27-66-204, 27-66-205, and 27-66-207 is to protect rural roads from hostile claims of adverse possessors. Neyland v. Hunter, 282 Ark. 323, 668 S.W.2d 530 (1984).

County Roads.

County road held not created. Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).

Subchapter 3 — Highway, Road, and Street Systems Classification Law

Preambles. Acts 1973, No. 308 contained a preamble which read:

“Whereas, under directives of the Congress of the United States and the General Assembly of the State of Arkansas, comprehensive studies were made by the State Highway Commission in cooperation with the Legislative Council and the Cities and Counties of the State; and

“Whereas, these studies found the establishment of functional classifications of public highways, roads and streets of the State of Arkansas and the establishment of standards for such functional classifications to be highly desirable as a rational basis for legislative action and an indispensable tool for fiscal, engineering and administrative decisions by State, County and Municipal officials; and

“Whereas, the Congress of the United States has required that Federal-aid planning be correlated with functional classification principles;

“Now, therefore….”

Effective Dates. Acts 1973, No. 308, § 10: Mar. 12, 1973. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly that with enactment of this act, Arkansas highway, road, and street administrators will be provided with the proper management tool to carry out sound, modern planning methods, procedures and techniques for the proper administration, management, and improvement of the State Highway, County Road, and Municipal Street Systems of the State and to assure continuing study and updating of the planning process. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-66-301. Title.

This subchapter may be known as the “Arkansas Highway, Road, and Street Systems Classification Law”.

History. Acts 1973, No. 308, § 1; A.S.A. 1947, § 76-2701.

27-66-302. Purpose.

It is the purpose of this subchapter to promote the general welfare of the traveling public and the Arkansas economy.

History. Acts 1973, No. 308, § 2; A.S.A. 1947, § 76-2702.

27-66-303. Policy.

  1. It is the policy of the State of Arkansas to adopt sound modern planning methods, procedures, and techniques for the proper administration, management, and improvement of the state highway, county road, and municipal street systems of the state and to assure continuing study and updating of this planning process.
  2. It is the legislative intent of this subchapter to functionally classify all elements of the public highways, roads, and streets in the Arkansas network according to level of service, with uniform improvement standards for each class.

History. Acts 1973, No. 308, § 3; A.S.A. 1947, § 76-2703.

27-66-304. Definitions.

  1. As used in this subchapter, unless the context otherwise requires, “functional classification” means the grouping of public ways by likeness of service or purpose into classes or systems according to the character of service they are intended to provide. The frame of reference is the sense of service offered to and expected by the road user. Neither ownership nor administrative responsibility is relevant in grouping by function.
  2. All definitions of terms adopted for the 1972 National Transportation Needs Study are incorporated by reference in this subchapter. The term “functional classification”, defined herein, is in accordance with the definition contained in the study reports.

History. Acts 1973, No. 308, § 4; A.S.A. 1947, § 76-2704.

27-66-305. Designation, review, and revision.

  1. All public highways, roads, and streets in Arkansas are designated in accordance with the findings of the functional classification study conducted in 1968 and 1970 and identified by maps on file in the office of the State Highway Commission and the offices of the county road and municipal street administrative officials.
  2. Recommended uniform design standards shall be established for the improvement of each functional class.
  3. The functional classification of public highways, roads, and streets shall be examined and reviewed at least every five (5) years by the commission in cooperation with the local governments.
  4. Revisions shall be made as are found in accordance with the criteria governing functional classification.

History. Acts 1973, No. 308, § 5; A.S.A. 1947, § 76-2705.

27-66-306. Functional classes.

The six (6) functional classes by levels of service that are made applicable to the network of public highways, roads, and streets in Arkansas are as follows:

  1. Class I Rural Systems: Interstate freeways. Municipal Systems: Interstate freeways. Level of Service: Provide basic interstate service; link major cities; (2) Class II Rural Systems: Other principal arterial highways. Municipal Systems: Other freeways and expressways. Level of Service: Provide high level of interstate and intrastate service; connect major generators of internal city traffic; (3) Class III Rural System: Minor arterial highways. Municipal Systems: Other principal arterial streets. Level of Service: Serve trans-state travel to and through principal cities; provide a system for the major traffic generators within a city; (4) Class IV Rural Systems: Major collector roads. Municipal Systems: Minor arterial streets. Level of Service: Provide connections to and through the large centers of population within the state; (5) Class V Rural Systems: Minor collector roads. Municipal Systems: Collector streets. Level of Service: Provide intercounty service; serve the economic and state park areas not served by a higher system; collect and distribute traffic to and from major streets; provide intracounty service to and into population centers and other recreational and industrial areas; and (6) Class VI Rural Systems: Local roads. Municipal Systems: Local streets. Level of Service: Service small rural communities; provide access to residential areas, subdivisions, and neighborhoods within cities; provide direct access to adjacent properties in rural areas and within cities.

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History. Acts 1973, No. 308, § 5; A.S.A. 1947, § 76-2705.

27-66-307. Continuing study.

  1. The Arkansas study-classification segment of the 1972 National Transportation Needs Study is established on a continuing basis to conform to the congressional directive of Public Law 89-139.
  2. The State Highway Commission shall continue to keep current this vital information and make it available to cities and counties upon request.

History. Acts 1973, No. 308, § 6; A.S.A. 1947, § 76-2706.

U.S. Code. Public Law 89-139, referred to herein, is codified in notes preceding and following 23 U.S.C. § 101. However, it was repealed, in part, by Public Law 97-424 on January 6, 1983.

27-66-308. Satisfaction of local planning requirements.

Acceptance of the functional classification plan by the responsible local officials will satisfy the transportation requirements of Acts 1937, No. 246 [repealed] for counties and §§ 14-56-40114-56-425 for cities.

History. Acts 1973, No. 308, § 7; A.S.A. 1947, § 76-2707.

Cross References. County planning boards, § 14-17-201 et seq.

Subchapter 4 — Private Roads

Effective Dates. Acts 1871, No. 26, § 74: effective on passage.

Acts 1897, No. 17, § 4: effective on passage.

Acts 1927, No. 216, § 2: Mar. 23, 1927.

Acts 1955, No. 125, § 2: approved Mar. 2, 1955. Emergency clause provided: “Whereas, the time for appeal from such an order of the County Court now fixed by the laws of the State of Arkansas is deemed excessive and is causing undue delay, and this act being necessary to the public peace, health and safety of the people of the State of Arkansas, an emergency is hereby declared to exist, and this act shall be in full force and effect from and after its passage.”

27-66-401. Establishment.

    1. When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may petition the county court to appoint viewers to lay off the road, provided the owner gives written notice to the person twenty (20) days before application to the court and attaches the written notice to the petition.
    2. The written notice shall include the amount of payment the owner offers for the road.
  1. The petition for an easement for ingress and egress to and from the petitioner's lands over, through, and across the respondent's lands to any public road or navigable watercourse shall be filed with the clerk of the county court and shall allege with particularity facts demonstrating that:
    1. The written notice was provided by the petitioner to the respondent twenty (20) days before application to the court;
    2. The respondent refused to convey to the petitioner the requested access easement; and
    3. The petitioner lacked the legal right of ingress and egress to and from his or her lands across the respondent's lands or otherwise to a public road.
  2. Copies of abstracts, deeds, or plats referenced in the petition shall be attached to the petition.
  3. After the petition is filed, the county court shall issue a notice setting the time, date, and location of a preliminary hearing, and the hearing shall not be any earlier than sixty (60) days from the date of the petition's filing.
    1. In accordance with the Arkansas Rules of Civil Procedure, the petitioner shall serve the resident or nonresident respondent with a:
      1. Summons;
      2. Copy of the petition and any exhibits; and
      3. Copy of the court notice of the preliminary hearing.
    2. If service is not obtained, the notice shall be published one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the county at the petitioner's expense. If there is no newspaper of general circulation in the county, the notice shall be posted at the county courthouse.
    1. The court may dismiss the case without prejudice and allow the petition to be refiled within one (1) year from dismissal if the court determines at the preliminary hearing that:
      1. Required notices and service have not been provided to the respondent; or
      2. The petition fails to sufficiently demonstrate the requirements of subsection (b) of this section.
        1. If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section.
        2. The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers.
        3. The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers.
      1. If viewers are appointed by the court, the court shall:
        1. Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of:
          1. Viewers' fees and expenses;
          2. The survey cost;
          3. Damages related to the adjoining owner's property, including without limitation an estimate of:
            1. The loss of property value for the area of acquisition;
            2. The loss of exclusive use the adjoining owner will realize; and
            3. Damages to the owner's remaining property; and
          4. Notice and publication costs, if any;
        2. Set the time, date, and location of the evidentiary hearing; and
        3. Require the funds deposited to be used exclusively for the purposes stated under this subsection.

History. Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1; 2013, No. 1083, §§ 1, 2.

Amendments. The 2009 amendment rewrote and redesignated the existing text, and added (b) through (f).

The 2013 amendment added “and the hearing shall not be any earlier than sixty (60) days from the date of the petition filing” to (d); and rewrote (f)(2).

Case Notes

Constitutionality.

This section is not unconstitutional as allowing a taking for private use, since a road established under this section is deemed a public road because anyone may use it; an individual who is landlocked and proceeds under this section has no other alternatives available to him and, if he were not granted access to his land under such a statute, he would have no remedy. Dowling v. Erickson, 278 Ark. 142, 644 S.W.2d 264 (1983).

The separation of powers doctrine was not violated by allowing the county court to exercise jurisdiction over roads within a city. Yates v. Sturgis, 311 Ark. 618, 846 S.W.2d 633 (1993).

In General.

This section authorizes the establishment of a private road for the benefit of the owner of lands, whether occupied or unoccupied, and the road established thereunder becomes a public road in the sense that it is open to the use of all who see fit to use it. Houston v. Hanby, 149 Ark. 486, 232 S.W. 930 (1921); Parrott v. Fullerton, 209 Ark. 1018, 193 S.W.2d 654 (1946).

It is not necessary for the petitioner to show an absolute necessity for such road by showing that he had no other means of reaching the public highway or watercourse. Houston v. Hanby, 149 Ark. 486, 232 S.W. 930 (1921); Bean v. Nelson, 307 Ark. 24, 817 S.W.2d 415 (1991).

This section requires an owner to show that the other landowner refused them access to the specific road that the owner requested, not merely that the other landowner refused the owner access to just any road on his land. Bean v. Nelson, 307 Ark. 24, 817 S.W.2d 415 (1991).

The General Assembly was within its province in authorizing the county court to exercise the power of eminent domain to give access to landlocked tracts, and it clearly did so in this section. Yates v. Sturgis, 311 Ark. 618, 846 S.W.2d 633 (1993).

Children and heirs sought to build a private road; they claimed that county court's ruling was based on fraud because viewers who inspected the property had not actually made any factual findings that the children and heirs had a reasonable means of access to their property, as required by § 27-66-401 et seq. Nevertheless, the county court denied the children's and heirs' Ark. R. Civ. P. 60 motion, and the circuit court had no jurisdiction to hear the Rule 60 motion because the appeal to the circuit court was untimely. Barnett v. Howard, 363 Ark. 150, 211 S.W.3d 490 (2005).

Landlocked landowner's claims seeking to access the landowner's property were not barred by doctrines of res judicata and law of the case; the landowner's prior appeal before a circuit court was dismissed without prejudice and no final order on the landowner's claim under this section had been entered. Bell v. Hoofman, 2010 Ark. App. 377, 375 S.W.3d 668 (2010).

Construction.

The language of this section does not indicate that it was intended to overrule the common-law remedy of granting a “way of necessity,” and it did not abrogate the jurisdiction conferred by Ark. Const., Art. 7, § 15 [repealed] to the chancery court to decide such matters of equity. Powell v. Miller, 30 Ark. App. 157, 785 S.W.2d 37 (1990).

Eminent Domain.

Commission was entitled to summary judgment in an owner's suit to establish a road across the commission's land because the proposed easement would have divested the state, via the commission, of the sole right to occupy the property at issue; Ark. Const. Art. 7, § 28, by itself, did not grant eminent domain power to county court to establish roads. If the county court could not have exercised the power of eminent domain to establish roads to access landlocked parcels under the constitution without the implementing legislation of §§ 27-66-401 to 404, then it could not have been said that Ark. Const. Art. 7, § 28 alone was sufficient to overcome the state's sovereign immunity. Ark. Game & Fish Comm'n v. Eddings, 2011 Ark. 47, 378 S.W.3d 694 (2011).

Maintenance of Road.

While a private road may be a public road in the sense that anyone who has occasion to use the road may do so, it is still a private road, and the individual who petitions a county court for the establishment of a private road out of a landlocked tract is responsible for the maintenance of that private road. Yates v. Sturgis, 311 Ark. 618, 846 S.W.2d 633 (1993).

A city does not have to accept the control and supervision and concurrent cost of maintenance of a city street unless it chooses to do so. Yates v. Sturgis, 311 Ark. 618, 846 S.W.2d 633 (1993).

Necessity.

Where landowners filed a petition alleging that they had no reasonable means of access to their land and asking that a road be established across the adjacent property owned by a school district, but the evidence established that the petitioners did have an alternate, though expensive, route available to them, while the proposed road, though less costly, would intersect a school parking lot and endanger the school children on the property, the trial court was not clearly erroneous in determining that the proposed road was not necessary within the meaning of this section. Armstrong v. Harrell, 279 Ark. 24, 648 S.W.2d 450 (1983).

While the county court does have jurisdiction to create a way of necessity in the form of a public road pursuant to this section, a landowner who is without legal access to his property and who once had a right of access or could have had a right of access via what was once part of his own land and which now belongs to another, upon the showing of certain prerequisites, is entitled under common law to either an easement by necessity or an easement by implication. Powell v. Miller, 30 Ark. App. 157, 785 S.W.2d 37 (1990).

Circuit court properly upheld a county court order denying appellants' suit to establish a private roadway across appellees' land where appellants were interested in selling the property to a hunting club, thereby increasing the burden to appellees in the number of people driving over the land. Burton v. Hankins, 98 Ark. App. 51, 250 S.W.3d 255 (2007).

Recovery for Right-of-Way.

The landowner from whom a right-of-way is taken is entitled to recover for the right-of-way actually taken and, the damages, if any, to the balance of the land. Ark. Game & Fish Comm'n v. Lindsey, 299 Ark. 249, 771 S.W.2d 769 (1989).

Relocation.

Private road established by court proceeding in 1933 could not be relocated in 1951 where it came to dead end at home of person and was his only outlet and he and his predecessors had had uninterrupted use of road since its establishment. White v. Grimmett, 223 Ark. 237, 265 S.W.2d 1 (1954).

Roads Public.

A road established under this section, although referred to in the statute as a private road, will be deemed a public road because anyone who has occasion to use the road may do so. Dowling v. Erickson, 278 Ark. 142, 644 S.W.2d 264 (1983).

There is a long established presumption under this section that a road will be for public use; there is no similar precedent under §§ 27-67-301 and 27-67-302 when condemning for highway purposes. Dowling v. Erickson, 278 Ark. 142, 644 S.W.2d 264 (1983).

Cited: St. Louis Sw. Ry. v. Wallace, 217 Ark. 278, 229 S.W.2d 659 (1950); Burdess v. United States, 553 F. Supp. 646 (E.D. Ark. 1982); Young v. Energy Transp. Sys., 278 Ark. 146, 644 S.W.2d 266 (1983); Riffle v. Worthen, 327 Ark. 470, 939 S.W.2d 294 (1997); Barnett v. Howard, 363 Ark. 150, 211 S.W.3d 490 (2005).

27-66-402. Duty of viewers.

  1. Viewers shall take the same oath and shall be governed in all respects as viewers appointed to public roads are governed under this act.
  2. They shall examine the route proposed for the road and any other route which they may deem proper.
  3. If a majority of the viewers state under oath that an access easement is necessary and proper as prayed in the petition, the viewers shall lay out and describe the access easement in a manner that produces the least inconvenience, damage, and devaluation of the property to the adjoining owners.
      1. The viewers shall make a written report under oath to the county court, describing the route of the road and the land through which it shall pass to allow location and identification of the access easement by land records, naming the owner, if known, and by decision of a majority of the viewers the damages sustained by each owner of lands through which the road passes. The damages shall include the value of each owner's land sought to be appropriated.
        1. The parties shall stipulate to or dispute the report of the viewers.
        2. Each party shall be given at least ten (10) business days to respond in writing to the viewers' report.
    1. The measure of damages shall be the difference in the fair market value of the lands immediately before the access easement is ordered and the fair market value of the lands after the access easement is ordered.
  4. The report shall be filed with the county clerk for the records of the county court.
    1. A person who renders services under this subchapter as a viewer or reviewer, chain carrier, marker, or surveyor shall be paid reasonable costs and expenses based upon the current market rate for each day necessarily employed.
    2. Payments are to be charged as costs and expenses against the funds deposited by the petitioner.
    3. The amount due each person and the number of days employed shall be certified under oath by the viewers.
    4. The court by order may direct the county clerk to receipt payment by the petitioner of the directed sum into the registry of the court and to issue payment.

History. Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1; 2013, No. 1083, §§ 3, 4.

Amendments. The 2009 amendment inserted (d)(1)(B) and (d)(2), redesignated the remaining text of (d) accordingly, and inserted “to allow location and identification of the access easement by land records” and “by decision of a majority of the viewers” in (d)(1)(A); substituted “filed with the county clerk for” for “recorded on” in (e); added (f); and made minor stylistic changes.

The 2013 amendment, in (c), substituted “a majority of the viewers state under oath that an access easement” for “they or a majority of them are of the opinion that a road,” “access easement” for “road,” and “damage, and devaluation of the property to the adjoining owners” for “to the parties through whose land the road shall pass”; inserted “under oath” in (d)(1)(A); and added (d)(1)(B)(ii).

Meaning of “this act”. Acts 1871, No. 26, codified as §§ 14-298-10114-298-106, 14-298-107 [repealed], 14-298-10814-298-119, 14-298-123, 14-298-124, 26-79-105, 27-66-203, 27-66-40127-66-403.

Case Notes

Construction.

A basic rule in construing a statute is to give consistent and uniform interpretations to that statute so that it does not mean one thing at one time and something else at another time and, as time passes, the interpretation given a statute becomes a part of the statute itself. Nation v. Ayres, 340 Ark. 270, 9 S.W.3d 512 (2000).

Damages.

Where the road viewers testified that in assessing damages of $2,500 to the landowner's property, which was taken for a proposed road, they considered the value of the land taken, the fact that fences would have to be built, and the “nuisance value,” and the affected landowner did not submit any evidence nor did she refute the qualifications of the viewers or their testimony, the trial court's assessment of damages totalling $2,500 was supported by the evidence. Castleman v. Dumas, 279 Ark. 463, 652 S.W.2d 629 (1983).

Improper Proceedings.

Where a party aggrieved by the establishment of a private road through his lands petitions the county court for the appointment of reviewers, and they are appointed, and in the order of appointment they are directed to meet for the purpose of reviewing the road at a time named and to report at a stated term of the court and they meet at an earlier time and report at an earlier term of the court and the report is confirmed, the petitioner, being surprised thereby and deprived of the opportunity of appealing, may quash such proceedings on certiorari from the circuit court. Roberts v. Williams, 13 Ark. 355 (1853) (decision under prior law).

Least Inconvenient Route.

Where the road viewers, the county court, and the circuit court all found that the proposed road was necessary to give the petitioners a means of ingress and egress to their property and that the proposed road was the most convenient and the least injurious to all parties involved, including the landowner on whose land the road would be built, the landowner's unsubstantiated argument that she offered and would have preferred the road on another portion of her property was not supported by the evidence and was properly rejected. Castleman v. Dumas, 279 Ark. 463, 652 S.W.2d 629 (1983).

Although the property had some frontage on a navigable watercourse, it was not reasonable to require the landowner and those wishing to visit her to make the trip by boat; therefore, the landowner was entitled to a right-of-way giving her access from a public road to her landlocked tract. Attaway v. Davis, 288 Ark. 478, 707 S.W.2d 302 (1986).

Necessity.

In determining whether a road is necessary, the county court should take into consideration not only the convenience it will be to the limited number of people it serves, but also the injury and inconvenience it will occasion to the owner of the land through which it is proposed to extend the road. Houston v. Hanby, 149 Ark. 486, 232 S.W. 930 (1921); Mohr v. Mayberry, 192 Ark. 324, 90 S.W.2d 963 (1936).

Necessity for proposed private road that would split adjoining owner's farm in half and cut him off from his pasture and water and cause him to maintain fences and gates did not exist where owner seeking road could get out to main highway by traveling additional distance through his own land. Mohr v. Mayberry, 192 Ark. 324, 90 S.W.2d 963 (1936).

Where petitioner could have ingress and egress if a road were established on his own land, but a road thus located would cross a slough and require a bridge and the cost of drainage and filling would be prohibitive, finding of necessity for the establishment of a road over another's land was sustained by the evidence. Roth v. Dale, 206 Ark. 735, 177 S.W.2d 179 (1944).

In an action by plaintiff to establish a private road across defendant's land to give access to a portion of plaintiff's land divided from the rest by a creek which, at flood stage, rendered the separated portion inaccessible, evidence of a crossing built across the same creek on defendant's land was admissible to show the feasibility of building a similar crossing on plaintiff's land so as to render the private road across defendant's land unnecessary. Riggs v. Bert, 245 Ark. 515, 432 S.W.2d 852 (1968).

Where a road across a low-water bridge could be used except at high water and a mail road was usable then, there was substantial evidence to support the jury's finding that there was no necessity for a private roadway on the property. Ahrens v. Harris, 250 Ark. 938, 468 S.W.2d 236 (1971).

What the petitioner must show is a reasonable necessity for a road, not an absolute necessity. Attaway v. Davis, 288 Ark. 478, 707 S.W.2d 302 (1986).

Although the adjacent landowners insisted that they had been willing to permit the owner of a landlocked tract to reach her property by using a second trail that crossed their land and then another landowner's property, any such use of neighboring property would be permissive and revocable; therefore, the owner of the landlocked tract was entitled to obtain a permanent right-of-way by proceeding under this section and paying what the viewers fixed as reasonable compensation. Attaway v. Davis, 288 Ark. 478, 707 S.W.2d 302 (1986).

The circuit court clearly gave more weight to the findings of the appointed viewer than to the testimony of the private contractor in determining that a private road following the railroad bed was necessary. Nation v. Ayres, 340 Ark. 270, 9 S.W.3d 512 (2000).

Statute of Limitations.

No statute of limitations is applicable to an action under this section because the right to obtain access arises from the status as a landlocked owner and is of a continuing nature. Attaway v. Davis, 288 Ark. 478, 707 S.W.2d 302 (1986).

Sufficiency of Report.

No valid and binding order could be made by the county court establishing a private road where the report of the commissioners failed to advise the county court in pursuance of the statute of the ownership of the land and of the damages to be sustained by each owner through whose lands the road was laid out. Roberts v. Williams, 15 Ark. 43 (1854) (decision under prior law).

It is error for a county court to order the establishment of an access road that is not in accordance with the report of the viewers. Bowden v. Oates, 248 Ark. 577, 452 S.W.2d 831 (1970).

Cited: St. Louis Sw. Ry. v. Wallace, 217 Ark. 278, 229 S.W.2d 659 (1950); Burdess v. United States, 553 F. Supp. 646 (E.D. Ark. 1982); Young v. Energy Transp. Sys., 278 Ark. 146, 644 S.W.2d 266 (1983); Burton v. Hankins, 98 Ark. App. 51, 250 S.W.3d 255 (2007).

27-66-403. Court order.

    1. If the petitioner has not complied with the court's order under § 27-66-401 and paid into the registry of the county court the estimated sum, the court may dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure.
    2. If during the pendency of the proceedings the county court determines that the circuit court has jurisdiction over the matter, the county court may stay the proceedings or dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure.
        1. The evidentiary hearing may be held if:
          1. At least sixty (60) days have passed since the initial petition was filed;
          2. The landlocked petitioner has complied with the court's order under § 27-66-401; and
          3. The landlocked petitioner has deposited the estimated sum under § 27-66-401.
        2. At the evidentiary hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses.
        1. If after considering the report of the viewers, the evidence, the law, and all other proper and sufficient matters the court is of the opinion that it is necessary for the petitioner to have the road from his or her lands, dwelling house, or plantation to the public road or navigable watercourse, an order is to be made establishing the road not to exceed fifty feet (50') in width and determining the damages sustained by each owner of lands through which the access easement passes.
          1. The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands.
            1. The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes.
              1. If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent.
              2. In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the:
        2. Width of the road; and
        3. Damages to the lands over which the road passes.
        4. A user of the road does so at his or her own risk and peril and does not have the right to file a cause of action against the petitioner or respondent for any injury to the user or the user's property.
    1. Either party may appeal to the circuit court from the final order or judgment of the county court within thirty (30) days from the entry of the order and not thereafter.
    2. The review by the circuit court shall be de novo and for strict compliance with this subchapter and any additional violations of the due process rights of the parties.

(i) Necessity of the road;

(ii) Route of the road;

(c) The order shall state that:

(1) The respondent retains title to the lands over which the road passes; and

(2) The road is for an access easement only and is not an easement for any other purpose, including a public utility.

(iii) The petitioner shall be solely responsible for the maintenance of the road established under this subchapter.

(iv) The respondent shall have no responsibility for the maintenance of the road established under this subchapter.

History. Acts 1871, No. 26, § 61, p. 56; C. & M. Dig., § 5251; Acts 1927, No. 216, § 1; Pope's Dig., § 6977; Acts 1955, No. 125, § 1; A.S.A. 1947, § 76-111; Acts 2009, No. 747, § 1; 2013, No. 1083, §§ 5, 6.

Amendments. The 2009 amendment rewrote the section.

The 2013 amendment rewrote (a)(3)(A); and added (b)(2).

Research References

ALR.

May Easement or Right of Way Be Appurtenant Where Servient Tenement Is Not Adjacent to Dominant. 15 A.L.R.7th Art. 1 (2015).

Case Notes

Appeals.

Even if the trial court were correct in calculating the appeal time from the date appellant's attorney received notice of the order, rather than from the day of its rendition as provided by this section, still the appellants had notice for more than 60 days when they filed notice of their appeal, and therefore they were late in filing the appeal. Ricci v. Poole, 253 Ark. 324, 485 S.W.2d 728 (1972).

Even assuming that subsection (b) of this section applied and appellants had 60-days to appeal the county court order denying their petition to establish a private road, the filing of the notice of appeal would have been effective only if appellants had filed the record on that date, but they did not do so and the filing of the notice of appeal alone was ineffective to perfect the appeal; thus, the appeal was properly dismissed. Barnett v. Howard, 79 Ark. App. 293, 94 S.W.3d 342 (2002), aff'd, 353 Ark. 756, 120 S.W.3d 564 (2003).

Landowners' time for filing their appeal to the circuit court was governed by Ark. Inferior Ct. R. 9 (now District Ct. R. 9); even assuming that the 60-day provision of subsection (b) of this section applied, the manner or procedure for perfecting the appeal would still be controlled by Rule 9, and the landowners failed to file their notice of appeal in a timely manner, and the filing of the notice of appeal alone was ineffective to perfect the appeal. Barnett v. Howard, 353 Ark. 756, 120 S.W.3d 564 (2003).

Invalid Orders.

An order of the county court establishing a private road for plaintiff over defendant's land to the highway which contained a description of the location of the road so vague that the road could not be located from an examination of the records and made no finding with respect to damages was invalid. Armstrong v. Cook, 243 Ark. 230, 419 S.W.2d 308 (1967).

An order of the county court directing the establishment of a road along the east 30 feet of the west half of the east half of the quarter section and that it be located immediately west of a fence that “reportedly” ran along the line without evidence that the fence did so run was erroneous. Bowden v. Oates, 248 Ark. 577, 452 S.W.2d 831 (1970).

Litigants were not entitled to a writ of mandamus compelling a county court judge to comply with this section because the judge's order was final and left nothing left to be litigated. The litigants could appeal to the circuit court, where they were entitled to a trial de novo; this legal remedy foreclosed their right to mandamus. Veverka v. Gibson, 2013 Ark. 59 (2013).

Cited: Hoover v. Smith, 248 Ark. 443, 451 S.W.2d 877 (1970).

27-66-404. Penalty for obstructing.

  1. If any person obstructs a road established under the laws of this state by felling any trees across it or by placing an obstruction on the road, he or she shall be guilty of a Class C misdemeanor.
  2. The person also shall forfeit one hundred dollars ($100) for every day he or she allows the obstruction to remain after he or she has been notified to remove it.

History. Acts 1897, No. 17, § 3, p. 24; C. & M. Dig., § 5505; Pope's Dig., § 7147; A.S.A. 1947, § 76-112; Acts 2009, No. 747, § 1.

Amendments. The 2009 amendment redesignated and rewrote the section.

27-66-405. Limitation of authority.

A county court may not grant an easement for ingress and egress over, through, or across a railroad right-of-way under this subchapter.

History. Acts 2009, No. 747, § 1.

Subchapter 5 — Protection of Road Surfaces

Cross References. Weight regulations, § 27-35-101.

Preambles. Acts 1949, No. 172 contained a preamble which read:

“Whereas, great damage is being done to the county highways by the operation thereon of heavily loaded buses, trucks, trailers and other vehicles, during and following times of unusually heavy or long continued rainfalls; floods, snows, thaws, freezes and other emergencies, causing great financial loss to the various counties of the State; and

“Whereas, when the roadbeds and surfaces of the county roads have been softened by the unusual effects of the elements and emergencies above referred to and are therefore much more easily damaged than in times of normal weather conditions; and

“Whereas, under the Constitution of the State of Arkansas the county court is given original, exclusive jurisdiction in all matters of county roads and bridges, and matters affecting the internal welfare of the counties;

“Therefore….”

Effective Dates. Acts 1919 (2nd Ex. Sess.), No. 222, § 6: effective on passage. Emergency declared. Approved Oct. 20, 1919.

Acts 1949, No. 172, § 5: approved Feb. 25, 1949. Emergency clause provided: “Whereas, great damage is being done to the county highways of the State by the operation thereon of heavily loaded vehicles during times when an emergency exists, such as set out in this act; and

“Whereas, counties are suffering a great financial loss thereby; and

“Whereas, such emergencies are likely to happen at any time, and this act being necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage.”

27-66-501. Classification of roads by weight of vehicles used thereon.

  1. Exclusive of city streets, state highways, or interstates, a county judge may post weight limits on public bridges in his or her jurisdiction in connection with federally mandated bridge inspections.
  2. Posted weight limit signs shall be in accordance with state and federal law.
    1. It is unlawful for a person to drive, operate, or move a motor vehicle, an object, or a contrivance or for an owner of a motor vehicle, object, or contrivance to cause or permit the motor vehicle, object, or contrivance of a size or weight exceeding the posted weight limit to be driven, operated, or moved.
    2. A person or an owner operating a motor vehicle, an object, or a contrivance under an overweight permit issued by the Arkansas Department of Transportation is exempt from penalty under subdivision (c)(1) of this section.
  3. A violation of this section is a Class C misdemeanor.
  4. Even if authorized by an overweight permit issued by the Arkansas Department of Transportation, a person or an owner operating, driving, or moving a vehicle, an object, or a contrivance upon a public bridge shall be liable for all damage that the public bridge may sustain as a result of:
    1. Careless, negligent, or illegal operation, driving, or moving of a vehicle, an object, or a contrivance; or
    2. Operation, driving, or moving of a vehicle, object, or contrivance of excessive width or weighing in excess of the maximum weight limits in this chapter.

History. Acts 1919 (2nd Ex. Sess.), No. 222, §§ 2, 3, p. 4253; C. & M. Dig., §§ 5510, 5511; Pope's Dig., §§ 7152, 7153; A.S.A. 1947, §§ 76-122, 76-123; Acts 2007, No. 453, § 1; 2009, No. 483, § 7; 2017, No. 707, §§ 380, 381.

Amendments. The 2007 amendment rewrote the section.

The 2009 amendment rewrote (c)(1); inserted “object, or contrivance” in (c)(2); and made a related change.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(2) and the introductory language of (e).

27-66-502. License required for use of rough metal tires.

The using, driving, or operating upon any improved hard-surfaced public highway of this state of any tractor, truck, automobile, or other vehicle having corrugated, spiked, jointed, or other rough-surfaced metal tires is prohibited without first procuring from the county judge of the county in which the road is situated a license permitting such use or operation.

History. Acts 1919 (2nd Ex. Sess.), No. 222, § 1, p. 4253; C. & M. Dig., § 5509; Pope's Dig., § 7151; A.S.A. 1947, § 76-121.

Case Notes

Civil Liability.

Conviction for violation of this section is not a condition precedent to civil liability. Farm Bureau Lumber Corp. v. State, 211 Ark. 95, 199 S.W.2d 593 (1947).

27-66-503. Penalty.

Any person violating § 27-66-502 or, after publication of the notices required above, using, driving, or operating on any road or highway any vehicle, loaded or empty of greater weight than that described or provided for in such order or classification as the commission shall have made with reference to a road or highway, shall be deemed guilty of a misdemeanor. Upon conviction, that person shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). Each day's use of any such vehicle shall constitute a separate offense.

History. Acts 1919 (2nd Ex. Sess.), No. 222, § 4, p. 4253; C. & M. Dig., § 5512; Pope's Dig., § 7154; A.S.A. 1947, § 76-124.

27-66-504. Civil liability.

In addition to the penalty prescribed in § 27-66-503, the person convicted of violation of §§ 27-66-50127-66-504, or of the orders of classifications of the commission shall be liable in a civil action for all damage occasioned or caused by such violation. However, as to a special trip for the movement of some particular thing or vehicle from one (1) location to another, the fine or penalty provided in § 27-66-503 shall not apply, but that person shall be civilly liable to the proper county or road improvement district for all damages which he may occasion to the public highway over which such movement is made.

History. Acts 1919 (2nd Ex. Sess.), No. 222, § 5, p. 4253; C. & M. Dig., § 5513; Pope's Dig., § 7155; A.S.A. 1947, § 76-125.

27-66-505. Prohibition on use of heavily loaded vehicles during emergencies.

  1. The county court of each county acting through the county judge is given the authority in times of emergency caused by unusually heavy or long-continued rainfalls or by freezes, thaws, snows, and other unusual conditions caused by the elements to prohibit vehicles having a net load of more than three thousand five hundred pounds (3,500 lbs) from operating on or over the county highways whereon such conditions exist until the time that the county judge shall determine that the emergency has passed.
  2. Whenever, in the judgment of the county judge, an emergency arises in his or her county, as described in subsection (a) of this section, he or she shall cause notice to be posted in the county courthouse to the effect that until further notice the operation of vehicles having a net load of more than three thousand five hundred pounds (3,500 lbs) over the highways described in the notice is prohibited. Notice shall also be posted in at least ten (10) of the most prominent and public places in the county and be published in a newspaper in the county if practicable. Notice may also be given by mail, telephone, or personal contact to persons operating vehicles, and notice by mail, telephone, or personal contact shall be sufficient notice for the purposes of this section.
  3. If any person, after having knowledge that the operation of vehicles over the county highways or any designated part thereof having a net load of more than three thousand five hundred pounds (3,500 lbs) has been prohibited by the county judge during an emergency as described in this section, violates this section by using the roads contrary to the order of the county judge, the person shall be guilty of a misdemeanor. Upon conviction, he or she shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200).

History. Acts 1949, No. 172, §§ 1-3; A.S.A. 1947, §§ 76-126 — 76-128.

27-66-506. [Repealed.]

Publisher's Notes. This section, concerning protection of bridges and culverts and penalty for violation, was repealed by Acts 2007, No. 453, § 2. The section was derived from Acts 1909, No. 178, §§ 1, 2, p. 549; C. & M. Dig., §§ 5506, 5507; Pope's Dig., §§ 7148, 7149; A.S.A. 1947, §§ 76-118, 76-119.

27-66-507. Bond for driving heavy oil and gas equipment.

  1. If, prior to exploration and drilling for oil and gas, it appears that an oil and gas company or an individual who is to explore and drill will be driving heavy equipment on county roads or municipal streets, then the company or individual shall file a reasonable bond with the county or with the municipality, as the case may be, to cover anticipated damages to the county roads or municipal streets.
  2. The bond shall be in an amount determined by the county road foreman and supervisor or by the municipal street department or appropriate municipal street official to be sufficient to repair damage caused to the roads or streets by operating the equipment on them.

History. Acts 1985, No. 608, § 1; A.S.A. 1947, § 76-146; Acts 1987, No. 44, § 1.

Subchapter 6 — Employment of Inmates

Effective Dates. Acts 1913, No. 302, § 86: effective on passage. Emergency declared. Approved Mar. 31, 1913.

Acts 1917, No. 105, § 17: effective on passage. Emergency declared. Approved Feb. 20, 1917.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-66-601. State inmates working on roads.

  1. The State Highway Commission shall employ and work as many of the state inmates on the public roads as may not be otherwise employed by the Division of Correction.
  2. State inmates working on roads shall be under the care and custody of wardens or other officers named by the division, with the approval of the Governor.
    1. The commission shall determine the work to be done by inmates, the time, place, and manner of the work, and the number of inmates to work.
    2. The work shall be under the direct supervision of the Arkansas Department of Transportation.
    3. The department shall determine the number of inmates needed and shall prescribe the rules under which they shall work.
  3. The pay of the wardens or other officers and the cost of maintenance, including clothing, food, and housing for the state inmates while working on roads shall be paid out of the State Highway and Transportation Department Fund.
  4. The division is to receive no profits for working the inmates on state roads.
  5. The pay of the wardens or other officers and the cost of clothing state inmates while on the public roads shall be borne by the state.
  6. The cost of feeding and housing such inmates shall be borne by the county or improvement district where they may be worked.

History. Acts 1913, No. 302, § 78; 1917, No. 105, § 10; C. & M. Dig., §§ 5213, 5218; Pope's Dig., §§ 6928, 6933; A.S.A. 1947, §§ 76-523, 76-528; Acts 1995, No. 1296, § 97; 2013, No. 295, § 13; 2017, No. 707, § 382; 2019, No. 315, § 3163; 2019, No. 910, §§ 1028, 1029.

Amendments. The 2013 amendment substituted “inmates” for “convicts” throughout the section and the section heading; inserted (c)(1) through (c)(3) designations; and substituted “Arkansas State Highway and Transportation Department” for “department” in (c)(3).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(2) and (c)(3).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c)(3).

The 2019 amendment by No. 910 substituted “Division of Correction” for “Department of Correction” in (a), (b), and (e).

Cross References. Contracts for inmate labor, § 12-30-405.

27-66-602. County inmates working on roads.

    1. It shall be lawful to provide in any highway charter for working the male county inmates of any county on the public roads and highways of that county.
    2. But if the county inmates are to be worked in any district which is not coextensive with the county from which they came, then the working of inmates shall have to be approved by the county court having jurisdiction thereof, which approval shall rest in the sound discretion of the court, irrespective of any vote or endorsement by the electors of the district.
    1. Every charter providing for working county inmates shall provide for the appointment of proper overseers, guards, physicians, and other officers and employees necessary and convenient for the control and well-being of the inmates.
    2. The overseers, guards, and other officers herein provided for the working of county inmates shall have the same powers and duties with reference to the inmates as sheriffs, jailers, or other peace officers have under similar circumstances.
    1. The expense of feeding, clothing, housing, and superintending county inmates shall be charged to the particular improvement district or county where they are worked according to the time they may be used in such district or county.
    2. Each county shall be credited or paid the amount of costs incurred in the trial of every inmate, and the inmate shall receive the same credit per day on costs and fine or penalty as is now provided by law.
    3. If county inmates are to be worked in any special improvement district, each county furnishing inmates may receive a flat compensation for their labor of not less than seventy-five cents (75¢) per day.
    4. All payments and settlements provided in this section shall be made in cash.

History. Acts 1913, No. 302, §§ 79-81; C. & M. Dig., §§ 5214-5216; Pope's Dig., §§ 6929-6931; A.S.A. 1947, §§ 76-524 — 76-526; Acts 2013, No. 295, § 13.

Amendments. The 2013 amendment substituted “inmates” for “convicts” in the section heading and throughout the section.

27-66-603. Inmates preparing road materials.

Whenever practical, the State Highway Commission may engage such number of state or county inmates as may be available in preparing road materials at quarries or elsewhere, and the expenses of the work shall be charged to the state or the county or district receiving these materials.

History. Acts 1913, No. 302, § 82; C. & M. Dig., § 5217; Pope's Dig., § 6932; A.S.A. 1947, § 76-527; Acts 2013, No. 295, § 13.

Amendments. The 2013 amendment substituted “inmates” for “convicts” in the section heading and the section.

Chapter 67 State Highway System

A.C.R.C. Notes. References to “this chapter” in subchapters 1-3 may not apply to § 27-67-220 which was enacted subsequently.

Acts 2017, No. 707, § 435, provided:

“(a) All authority, powers, duties, and functions as established by law for the Arkansas State Highway and Transportation Department, including all purchasing, budgeting, fiscal, accounting, human resources, payroll, legal, information systems, maintenance, program support, administrative support, and other management functions shall be exercised by the Arkansas Department of Transportation, except as specified in this act.

“(b) All records, personnel, property, unexpended balances of appropriations, allocations, or other funds belonging to the Arkansas State Highway and Transportation Department now belong to the Arkansas Department of Transportation.

“(c) All powers, duties, and functions, including without limitation rulemaking, regulation, and licensing; promulgation of rules, rates, regulations, and standards; and the rendering of findings, orders, and adjudications as established by law for the Arkansas State Highway and Transportation Department shall be exercised by the Arkansas Department of Transportation, except as specified in this act.

“(d) An action, plea, prosecution, or proceeding, civil or criminal, pending on the effective date of this act [August 1, 2017] shall not be affected by this act but shall proceed in all respects as if the change in name had not been effected.”

Research References

Am. Jur. 39 Am. Jur. 2d, Highways, § 22 et seq.

C.J.S. 39A C.J.S., Highways, § 2 et seq.

Subchapter 1 — General Provisions

Cross References. Sabotage Prevention Act, closing and restricting use of highway under, § 5-51-307.

Effective Dates. Acts 1913, No. 302, § 86: effective on passage. Emergency declared. Approved Mar. 31, 1913.

Acts 1929, No. 65, § 75: approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1941, No. 6, § 2: Jan. 30, 1941. Emergency clause provided: “It is hereby ascertained and declared to be a fact that those portions of the State Highways extending into and through cities of 2,500 inhabitants and over population are not at present included in the State Highway System; that said portions are in many instances in poor repair and constitute a menace to traffic; that the municipalities are financially unable to provide the material, labor and equipment for repairing and maintaining the same, and that as a result of the poor condition of said portions, accidents resulting in damage to persons and property have resulted. Therefore, an emergency is declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

27-67-101. Policy.

It is declared to be the policy of the state to take over, construct, repair, maintain, and control all the public roads in this state comprising state highways as defined in this chapter.

History. Acts 1929, No. 65, § 3; Pope's Dig., § 6523; Acts 1941, No. 6, § 1; A.S.A. 1947, § 76-501.

Case Notes

Bridge Improvement Districts.

Fact that State Highway Commission was to repair bridge did not entitle state to funds in hands of bridge commissioners arising from betterment assessments. Arkansas State Hwy. Comm'n v. Sebastian Bridge Dist., 205 Ark. 325, 168 S.W.2d 841 (1943).

State was entitled to balance in bridge improvement district commissioner's hands which arose from rentals paid by utilities corporations after maintenance was assumed by state. Arkansas State Hwy. Comm'n v. Sebastian Bridge Dist., 205 Ark. 325, 168 S.W.2d 841 (1943).

Cited: Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

27-67-102. Jurisdiction of county court.

This act shall not be construed as divesting the county court of any of its original jurisdiction over the roads granted by the Constitution, but the object of this act is to give aid and assistance in the maintenance and improvement of those parts of the public roads of the state laid out as such, so important to the people of the state that they have been designated as state highways. If any action required to be done under this act would interfere with the jurisdiction of the county court over roads conferred by the Constitution, it shall be implied that it may be done on order of the county court or proper orders of superior courts on appeal.

History. Acts 1929, No. 65, § 58; Pope's Dig., § 6908; A.S.A. 1947, § 76-514.

Meaning of “this act”. Acts 1929, No. 65, codified as §§ 26-55-101, 27-14-305, 27-14-601, 27-15-1501 [repealed], 27-64-104, 27-65-101, 27-65-107, 27-65-110, 27-65-112, 27-65-13127-65-133, 27-67-101, 27-67-102, 27-67-201, 27-67-20627-67-208, 27-67-211, 27-67-214, 27-67-218.

Case Notes

City Streets.

A county court had authority to provide a suitable right-of-way by changing and widening street designated as state highway in city of the second class. Wilson v. Interstate Constr. Co., 178 Ark. 482, 10 S.W.2d 908 (1928) (decision under prior law).

27-67-103. Penalties.

Any person who shall knowingly or willfully neglect or refuse to perform any duty either to do or to desist from doing anything which may be required by law relating to roads, highways, or other public improvements in this state shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not over five hundred dollars ($500) and by imprisonment for not over six (6) months.

History. Acts 1913, No. 302, § 84, p. 1179; C. & M. Dig., § 5219; Pope's Dig., § 6934; A.S.A. 1947, § 76-529.

Subchapter 2 — Highway Designation, Construction, and Maintenance

A.C.R.C. Notes. Acts 2015, No. 714, § 13, provided:

“DYESS COLONY/JOHNNY CASH HOME SIGNAGE. The Arkansas State Highway and Transportation Department shall install and maintain directional signage referencing the Dyess Colony and the Johnny Cash Home projects at adequate locations on the Interstate 55 highway; the signage shall be installed by January 1, 2016.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 259, § 13, provided: “DYESS COLONY/JOHNNY CASH HOME SIGNAGE. The Arkansas State Highway and Transportation Department shall install and maintain directional signage referencing the Dyess Colony and the Johnny Cash Home projects at adequate locations on the Interstate 55 highway; the signage shall be installed by January 1, 2016.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Cross References. Contracts for construction on state-aid roads, § 27-72-310.

Growing pines on state highway rights-of-way, § 22-5-101.

Procedure for purchase of materials, supplies, and equipment, § 27-65-111.

Traffic control devices, § 27-52-101 et seq.

Preambles. Acts 1927, No. 103 contained a preamble which read:

“Whereas, the State of Arkansas is embarking upon a new era of permanent road construction, which will require large quantities of road materials such as sand, gravel, crushed stone, cement, etc. and

“Whereas, these and other materials used in the construction of roads are found or can be manufactured in abundant quantities in the State of Arkansas, and the use of such materials found or manufactured in this State would be of great benefit in the development of the State, in the employment of home people, and in providing an adequate and dependable supply of material for road construction;

“Now, therefore … .”

Acts 1939, No. 359 contained a preamble which read:

“Whereas, the State Highway Department does do necessary maintenance work on detours, where such detours would become impassable without such maintenance; and

“Whereas, there are roads surfaced with gravel, crushed rock, and other material, which are not on the state highway system and receive no maintenance by the Highway Department, when traffic from a state highway is diverted over said road due to an emergency; and

“Whereas, it is only fair for the state to replace any wear to the surface of such a road to the extent of the wear by such diverted traffic, when a surfaced road is frequently used in order to route traffic around a flooded section of a state highway that is deeply submerged by the temporary overflow of some creek or stream, making travel impossible on a state highway;

“Now, therefore … .”

Effective Dates. Acts 1927, No. 103, § 2: approved Mar. 4, 1927. Emergency clause provided: “It is ascertained and hereby declared that the purpose of this act is to provide for the encouragement of the production in Arkansas of road materials to be used in the construction and repairing of the highways of the State under the provisions of Act No. 11, of 1927, and that said act is now effective, and that the production of these materials for the construction and maintenance of the roads of the State contemplated by said Act is necessary and essential for the public safety and welfare; that an emergency is therefore declared and this Act shall take effect and be in force from and after its passage.”

Acts 1929, No. 65, § 75: approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1937, No. 109, § 4: Feb. 17, 1937. Emergency clause provided: “That because of the present condition of roads connecting State highways with State parks, tourists and residents of the State of Arkansas are not visiting State parks in the numbers and as frequently as they would if said roads were properly maintained. Use of said roads would materially increase the revenue to the State highway fund, and said fund is in need of additional revenues to avoid default on obligations for which said fund is liable. This condition constitutes an emergency, and the same being necessary for the immediate preservation of the public peace, health, and safety, this act shall become effective and be in full force from and after its passage and approval.”

Acts 1941, No. 6, § 2: Jan. 30, 1941. Emergency clause provided: “It is hereby ascertained and declared to be a fact that those portions of the State Highways extending into and through cities of 2,500 inhabitants and over population are not at present included in the State Highway System; that said portions are in many instances in poor repair and constitute a menace to traffic; that the municipalities are financially unable to provide the material, labor and equipment for repairing and maintaining the same, and that as a result of the poor condition of said portions, accidents resulting in damage to persons and property have resulted. Therefore, an emergency is declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage and approval.”

Acts 1947, No. 222, § 1 (in part): Mar. 18, 1947. Emergency clause provided: “Due to the fact that it will be possible to construct such flashing light signals or other types of railroad highway grade crossing protective devices more economically, and it being necessary for the public peace, health and safety, an emergency is hereby declared to exist and this act shall take effect and be in full force immediately upon its passage and approval.”

Acts 1953, No. 323, § 2: Mar. 27, 1953. Emergency clause provided: “Traffic conditions in cities and towns and on state highways have developed that endanger the public peace, health and safety and this act being necessary for the alleviation of such conditions, an emergency is hereby declared to exist and this act shall become effective upon its approval.”

Acts 1953, No. 345, § 3: Mar. 28, 1953. Emergency clause provided: “It is hereby determined by the General Assembly that confusion exists as to whether the State Highway Department as the producer under section 84-2101(f) of Arkansas Statutes (1947) is liable for the tax on sand and gravel severed by the State Highway Department under an agreement with the land owner to pay a certain royalty per yard or per ton of sand and gravel so severed and used on the public highways, and that the passage of this act is necessary to remove such confusion. Therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1957, No. 387, § 3: Mar. 27, 1957. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that the roads and highways within the geological boundaries of State parks and the roads and highways connecting the parks to established State highways are in very poor condition and in need of immediate repairs; that tourists and residents are not visiting State parks in the numbers and as frequently as they would if the roads were properly maintained; and that the enactment of this bill will alleviate the situation. Therefore, an emergency is declared to exist and this Act, being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1961, No. 83, § 3: Feb. 13, 1961. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas that much confusion exists in the interpretation of Act 109 of 1937 as amended by Act 387 of 1957, and that the roads and highways leading to and within the boundaries of newly created state parks are in very poor condition and in need of immediate repairs; that the tourists and residents are not visiting these state parks in the numbers and as frequently as they would if the roads were properly maintained; and that the enactment of this bill will alleviate this situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1963, No. 127, § 3: Feb. 28, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that in connection with many state highway construction projects county roads are often utilized in connection with such construction work and that occasionally serious damage to such county road results in connection with such projects; that the State Highway Department owes an obligation to the county to restore any such damaged county road to its former condition of repair; that the State Highway Department does not presently have authority to make such repairs; and, the immediate passage of this act is necessary in order to authorize such repairs and to prevent undue cost to counties in connection therewith. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1965, No. 387, § 5: Mar. 19, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of law relative to notice to landowners in instances where condemnations of private property for highway purposes is affected in the County Court are unclear, and that such want of clarity has resulted in confusion of land titles and unnecessary litigation arising from such condemnations, and that the immediate passage of this Act is necessary in order to correct said situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 99, § 4: Feb. 24, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that a white stripe of not less than four (4) inches in width along the edges of a State highway reduces the number of traffic accidents; that any method which insures safer driving conditions and reduces the possibility of accidents should be utilized to reduce the death rates on the highways of this State; and that in order to accomplish these purposes, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1979, No. 584, § 3: Mar. 27, 1979. Emergency clause provided: “It is hereby found by the General Assembly that the immediate passage of this Act is necessary because the location of the institutions of higher education is of importance to not only the people of the State of Arkansas but also to other travelers of the highways in Arkansas; that many important local, regional and state events and activities are occurring at these institutions which the people have a vital interest in and in which their attendance is necessary, and that the immediate passage of this Act is necessary to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 181, § 3: Feb. 15, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the segment of State Highway 309 from Havana, Arkansas to Paris, Arkansas, across Mt. Magazine is one of the most scenic highways in the State of Arkansas; that the designation of scenic highways in the beautiful mountainous areas of the State not only serves as an invitation to tourists to visit those areas but instills a sense of pride in local citizens in the area and gives them incentive to maintain the highway rights-of-way and those areas visible from the highways in an attractive state; that the 1983 tourist season will begin in the near future and it is urgent that this Act be given effect immediately in order that appropriate signs may be placed along this portion of the highway and in order that such segment of Highway 309 can be designated a scenic highway on official State highway maps as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 803, § 3: Apr. 3, 1985. Emergency clause provided: “It is hereby found by the General Assembly that the immediate passage of this Act is necessary because the location of the institutions of higher education and postsecondary vocational and technical schools is of importance to not only the people of the State of Arkansas but also to other travelers of the highways in Arkansas; that many important local, regional and State events and activities are occurring at these institutions which the people have a vital interest in and in which their attendance is necessary, and that the immediate passage of this Act is necessary to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989 (3rd Ex. Sess.), No. 21, § 4: Nov. 6, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that that Highway 12 East of Rogers has appeared on former official state highway maps prepared and distributed by the State Highway and Transportation Department as a scenic highway; that the department has placed appropriate highway identifying signs on Highway 12 East of Rogers designating it a scenic highway; that the newest official state highway map fails to designate Highway 12 East of Rogers as scenic; that such an oversight has resulted in loss of tourism in the area; that it is in the best interests of the citizens of this State that this error be corrected as soon as possible. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-67-201. Designation generally.

  1. State highways are declared to be those primary roads and secondary roads and connecting roads heretofore designated by the State Highway Commission, as shown by a map on file in the office of the commission, entitled “Map of the State of Arkansas Showing State Highway System”, and marked “Revised March 1, 1929”, including those portions of roads extending into or through incorporated towns and cities. The commission is required to preserve the map as a permanent record.
  2. The commission is empowered, with any necessary consent of the proper federal authorities, to make, from time to time, necessary changes and additions to the roads designated as state highways that it may deem proper, and changes or additions shall become effective immediately upon the filing of a new map as a permanent and official record in the office of the commission. However, the commission shall not have authority to eliminate any part of the highway system.

History. Acts 1929, No. 65, § 3; Pope's Dig., § 6523; Acts 1941, No. 6, § 1; A.S.A. 1947, § 76-501.

Publisher's Notes. The case of Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987), states that the language in the last sentence of subsection (b) of this section providing that the commission shall not have authority to eliminate any part of the highway system was repealed by implication, to the extent of the conflicting provisions, with the passage of § 27-65-109.

Case Notes

In General.

Although the provisions of this section that the commission shall not have authority to eliminate any part of the highway system have been repealed by implication to the extent they conflict with § 27-65-109, the remainder of this section is unaffected, and accordingly remains in force. Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

Elimination.

The provisions in this section that the commissioners shall not have authority to eliminate any part of the highway system were repealed by implication to the extent they conflicted with § 27-65-109, which authorizes the commissioners to exchange lands with county highway systems. Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

Exchange.

State highway and transportation department commissioners may exchange state highway system roads for county roads. Hinchey v. Thomasson, 292 Ark. 1, 727 S.W.2d 836 (1987).

Relocation.

Relocation of 12-mile stretch of state highway was not invalid on the ground that it eliminated a unit in the highway system. Woollard v. State Hwy. Comm'n, 220 Ark. 731, 249 S.W.2d 564 (1952).

Variations.

A variation of eight or 10 miles from the original route of a state highway as shown in the map referred to in Acts 1923 (1st Ex. Sess.), No. 5, § 3, was a material variation. Bonds v. Wilson, 171 Ark. 328, 284 S.W. 24 (1926) (decision under prior law).

State Highway Commission was authorized to depart materially from original route of a highway between towns designated on map referred to in Acts 1923 (1st Ex. Sess.), No. 5, so long as towns designated on the map were not eliminated from the route so changed. Bonds v. Wilson, 171 Ark. 328, 284 S.W. 24 (1926) (decision under prior law).

27-67-202. Truck route designations.

  1. The State Highway Commission is authorized to designate and establish truck routes through cities and towns, which routes shall be properly marked by the commission.
  2. Any truck route so established shall become a part of the state highway system, and the Arkansas Department of Transportation shall construct, repair, and maintain the truck route.

History. Acts 1953, No. 323, § 1; A.S.A. 1947, § 76-549; Acts 2017, No. 707, § 383.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

Case Notes

Authority.

The General Assembly had the power to enact this section. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).

27-67-203. Scenic highway designations.

  1. The following highways and designated parts of highways within the State of Arkansas are designated as scenic highways:
    1. U.S. 65 from the Louisiana line to the Missouri line;
    2. U.S. 71 from the Louisiana line to the Missouri line;
    3. U.S. 82 from the Mississippi River to Texarkana;
    4. U.S. 270 from U.S. 71 to Hot Springs;
    5. I-30 from Little Rock to U.S. 70 west of Benton, and U.S. 70 to Hot Springs;
    6. I-40 from Little Rock to the Oklahoma line west of Fort Smith;
    7. U.S. 63 from I-55 at Turrell to Mammoth Spring;
    8. U.S. 62 from the Missouri line to the Oklahoma line;
    9. State 7 from the Louisiana line to Bull Shoals Lake north of Harrison;
    10. The Great River Road: Highway 82 from the Mississippi line west to Highway 65; Highway 65 north from the Louisiana line to Dumas; Highway 4 from McGehee east through Arkansas City to Highway 1; Highway 1 from its intersection with Highway 4 through Watson to Highway 165 at Back Gate; Highway 165 north from Dumas to Dewitt; Highway 1 north to Highway 316; Highway 316 east to Highway 318; Highway 318 south to Highway 20; Highway 20 east to Elaine; Highway 44 north to Perry Street, Highway 20 north, U.S. Highway 49 Business North, Perry Street and east to Mississippi River Levee Rd. north through Helena-West Helena; Phillips County Road 239, 215, and 217; Lee County Road 217 and 221 through the St. Francis National Forest, Highway 44 to Marianna; Highway 79 north to Highway 38; Highway 38 east to Highway 147; Highway 147 north to Highway 70; Highway 70 and I-55 through West Memphis to the Tennessee line; Highway 77 from Highway 70 in West Memphis north to Highway 61; and Highway 61 through Blytheville to the Missouri line;
    11. State 32 and State 355 from Ashdown to Mineral Springs;
    12. State 27 to Kirby; U.S. 70 and State 8 to Norman; State 27 to Dardanelle; and State 27 from Dover to Harriet;
    13. State 9 from Crows to Jct. U.S. 65; State 16 from U.S. 65 to Shirley; and State 9 from Shirley to Mammoth Spring;
    14. State 28 from U.S. 71 to Ola;
    15. State 154 from Oppelo to State 27;
    16. State 23 from U.S. 71 to the Missouri line;
    17. State 309 from State 10 to State 23 at Ozark;
    18. State 21 from Clarksville to the Missouri line;
    19. State 16 from Searcy to Siloam Springs, including the connecting segment of State 25 at Heber Springs;
    20. State 14 from U.S. 63 to Table Rock Lake;
    21. State 68 from Alpena to Siloam Springs;
    22. State 5 from U.S. 67 to the Missouri line;
    23. State 25 from its intersection with U.S. 65 to Heber Springs; State 25 from Heber Springs to Batesville; U.S. 167 from Batesville to Ash Flat; State 286 from its intersection with I-40 to its intersection with State 60; State 60 from its intersection with State 286 to Perryville; and State 10 from its intersection with State 9 to I-430;
    24. State 58 from Sage through Guion, and State 69 to Melbourne;
    25. State 178 from Flippin to Mountain Home;
    26. State 88 from the Oklahoma line to Mena;
    27. State 59 from Van Buren to Jct. State 220;
    28. State 220 from Jct. 59 to State 74 at Devil's Den State Park;
    29. State 170 from Devil's Den State Park to U.S. 71 at West Fork;
    30. I-40 from the Tennessee line to Little Rock;
    31. I-30 from Benton south to the Clark County line;
    32. State 10 from Ola to Greenwood;
    33. State 22 from Dardanelle to Paris;
    34. State 12 from Rogers to Jct. State 23;
    35. State 141 from Jonesboro to McDougal;
    36. State 125 from its intersection with State 14 north of Yellville to the Missouri line;
    37. U.S. 49 from its intersection at Brinkley to the Mississippi state line, which will be known as the “Delta Parkway, an Arkansas Scenic Highway”;
    38. State 5 from Benton to Hot Springs;
    39. U.S. 64 from its intersection with I-40 in Johnson County westward to the western corporate limits of the city of Ozark;
    40. State 186 from its intersection with I-40 in Franklin County south to its intersection with U.S. 64 at Altus;
    41. U.S. 70 from its intersection with I-440 in Pulaski County eastward to its intersection with U.S. 49 at Brinkley;
    42. U.S. 165 from its intersection with I-440 in Pulaski County eastward to Dumas;
    43. State 220 from State 59 to the Oklahoma border;
    44. That portion of State Highway 166 beginning at its intersection with U.S. 62 in Randolph County and extending south to the county line; State 361 beginning at the Spring River Bridge in Lawrence County and ending at its intersection with State 25 in Black Rock; and State 25 beginning at its intersection with State 361 in Black Rock and ending at the entrance to the Lake Charles State Park;
    45. U.S. 62 from St. Francis in Clay County, then south and west through Piggott to the intersection of West Cherry Street, then west on West Cherry Street to 12th Street, then north on 12th Street to its intersection with U.S. 62 West; then west on U.S. 62 to McDougal intersecting with State 141; then south on State 141 through Boydsville and Knob to Hooker where it intersects with State 135; then south along State 135 through Lafe to its intersection with U.S. 49; then south along U.S. 49 to Court Street in Paragould, then east on Court Street to Pruett Street, south on Pruett Street to Main Street, west on Main Street to 7th Street, south on 7th Street to U.S. Highway 412; then west along U.S. 412 to its intersection with State 168; then south on State 168 to an intersection with State 141 at Walcott; then south along State 141 to County Road 766, KAIT Road; then east on County Road 766 to State 351; then south on State 351 to U.S. 49 and U.S. 1 in Jonesboro; then south on U.S. 49 and U.S. 1 to Aggie Road, west to Robinson Street, south to Marshall Street, west to Caraway Road, then south on Caraway Road to Matthews Avenue, then west on Matthews Avenue to U.S. 49B, north to Cate Avenue, west to U.S. 49B, Union Avenue, and south to Campus Street; picking up at the intersection of State 1B South and State 18 East, then south on State 1B to an intersection with Windover Road; picking up at the intersection of State 1B South and Lakewood Drive; then south along State 1B to Craighead Forest Road; west on Craighead Forest Road to State Highway 141, Culberhouse Road; south on State Highway 141 to Lawson Road; east on Lawson Road across State Highway 1, continuing east to join State Highway 163; then south on State 163 to South Street in Harrisburg, then southwest on South Street to Center Street, west on Center to the Courthouse Square, south on East Street to Court Street to North Main Street, North Main Street to East Jackson Street, State 14; then east on State 14 to State 163 South through Birdeye to an intersection with U.S. 64 at Levesque; then west along U.S. 64 and U.S. 64B; State Highway 284, Hamilton Avenue, into Wynne to Terry Street, south on Terry Street to Commercial Avenue, west on Commercial Avenue to Front Street, south on Front Street to Merriman Avenue, east on Merriman Avenue to U.S. 1, Falls Boulevard, south on U.S. 1 to Martin Drive, County Road 734, east on County Road 734 to State 284 South; then south on State 284 to Forrest Street in Forrest City, south on Forrest Street to East Broadway, west to Izard Street, south to East Front Street, west on East Front Street and intersecting with State 1; then south on State 1 to an intersection with U.S. 79; then east on U.S. 79 through Marianna to Poplar Street, then south on Poplar Street to an intersection with State 44; then south on State 44 through the St. Francis National Forest intersecting with State 242; then south along State 242 to U.S. 49B; then east on U.S. 49B, becoming Perry and Porter Streets, to Cherry Street in Helena-West Helena, south on Cherry Street to Missouri Street, west on Missouri Street to Biscoe, at U.S. 49B; and then south on U.S. 49B to the Arkansas-Mississippi Bridge, which will be known as “Crowley's Ridge Scenic Highway”, an Arkansas Scenic Highway;
    46. State 540 from I-40 northward to Mountainburg in Crawford County and that portion of the route being constructed on a new location to its intersection with the U.S. 71 Fayetteville Bypass in Washington County;
    47. I-530 from State 256 to U.S. 65 South;
    48. Beginning at the intersection of State 96 and U.S. 71 west of Mansfield in Sebastian County; then along State 96 westward until reaching the eastern corporate limits of Hartford in Sebastian County, which will be known as the “Poteau Mountain Scenic Highway”, an Arkansas Scenic Highway;
    49. State 10 from the western corporate limits of Greenwood in Sebastian County, then westward along State 10 until reaching the Oklahoma state boundary, which will be known as the “Sugarloaf Mountain Scenic Highway”, an Arkansas Scenic Highway;
    50. State 90 in Pocahontas, Randolph County, from the Court Square to Ravenden, Lawrence County, and State 90 in Pocahontas, from the Court Square to Dalton on State 93;
    51. State Highway 5 from Little Rock to Benton; State Highway 229 from Benton becoming U.S. 67 South and U.S. 270B to Malvern; U.S. 270B from Malvern to Rockport; U.S. 67 South from Malvern through Donaldson to Arkadelphia; picking up at County Road 15, Midway Road, west of Donaldson, then north on County Road 15 to Social Hill; State Highway 8 from Arkadelphia west to State Highway 26 and State Highway 51, Hollywood Road, to County Road 269, Halfway Cemetery Road, in Halfway; then south on County Road 269 to Halfway Cemetery; picking up at the intersection of State Highway 26 and County Road 11, Davidson Campground Road, then south on County Road 11 to Davidson Campground; picking up at the intersection of State Highway 26 with State Highway 53, then south along State Highway 53 becoming State Highway 51 to Okolona; picking up at County Road 16, Smyrna Road, to the Battle of the Bees historical marker; then south along State Highway 51 from Okolona to U.S. 67 south to Prescott; picking up at County Road 37, Nubbin Hill Road, north of Prescott, continue north to Elkins' Ferry Battlefield; State Highway 19, Delight Highway, from Prescott north to the Prairie D'Ane Battlefield; picking up at U.S. 371 and State Highway 24 in Prescott to their intersection with County Road 30 and State Highway 30; State Highway 24 from Prescott east to Bluff City; picking up at the intersection of State Highway 24 with County Road 23, Cale Road, then south on County Road 23 to Moscow Methodist Church and Cemetery; picking up at State Highway 332, Washington Road, from Prescott west to State Highway 29 to north of Hope; U.S. 278, Commerce Boulevard, from Hope west to Historic Washington State Park in Washington; picking up at the intersection of State Highway 24 and State Highway 387 in Bluff City, then south along State Highway 387 becoming State Highway 76 to its intersection with State Highway 24; then along State Highway 24 to Camden; then east along U.S. 278 and U.S. 278B, Washington Street, to State Highway 7, Adams Street and Maul Road; then north on State Highway 7 to Henry Wesley Sr. Drive; U.S. 79B, California Avenue, in Camden south to Grinstead Street; U.S. 79 from Camden to Fordyce; State Highway 8 from Fordyce east to its intersection with State Highway 97; then north on State Highway 97 from Fordyce to Marks Cemetery Road; State Highway 8 from Fordyce north through Princeton and Tulip to State Highway 46 to Sheridan; picking up at Grant County Road 1 and Dallas County Road 409 in Leola, then south on Grant County Road 1 and Dallas County Road 409 to Phillips Trail; picking up at the intersection of State Highway 46 and Grant County Road 6, then north along Grant County Road 6 to State Highway 229; then south along State Highway 229 to State Highway 46; picking up at the intersection of State Highway 46 and State Highway 291, then north along State Highway 291 to Prattsville; State Highway 35 from Sheridan to its intersection with State Highway 183; then east along State Highway 183 through Bauxite becoming Reynolds Road to its intersection with State Highway 5, Old Stage Coach Road; which will be known as the “Camden Expedition Scenic Highway”, an Arkansas Scenic Highway; and
    52. State 549, to be known in the future as “Interstate 49”, from its intersection with U.S. 71/71B in Benton County northwest to the Missouri state line.
    1. It shall be the responsibility of the Arkansas Department of Transportation to place appropriate highway identifying signs on those highways herein that are state highways.
    2. It shall be the obligation of the respective counties to place appropriate signs on county roads on their respective county road systems.
    3. The department shall identify all highways designated herein as scenic highways on any official state highway maps prepared and distributed by the department.
  2. The department shall erect appropriate signs along the route of those highways or sections of highways designated herein, indicating that these highways or parts of highways have been designated as scenic highways.

History. Acts 1975, No. 462, §§ 1, 2; 1981, No. 676, § 1; 1983, No. 181, § 1; 1985, No. 20, § 1; A.S.A. 1947, §§ 76-560, 76-561; Acts 1989 (3rd Ex. Sess.), No. 21, § 1; 1991, No. 202, § 1; 1991, No. 226, § 1; 1991, No. 679, § 1; 1991, No. 734, § 1; 1993, No. 449, § 1; 1993, No. 464, § 1; 1993, No. 723, § 1; 1995, No. 833, § 1; 1997, No. 180, § 1; 1997, No. 382, § 1; 1997, No. 1268, § 1; 1999, No. 302, § 1; 1999, No. 392, § 1; 2001, No. 92, § 1; 2001, No. 1061, § 1; 2003, No. 130, § 1; 2009, No. 495, § 1; 2013, No. 714, § 1; 2015, No. 1189, § 1; 2017, No. 707, § 384; 2019, No. 292, § 2; 2019, No. 293, § 1.

A.C.R.C. Notes. Identical Acts 1993, Nos. 428 and 1211, § 1, purported to amend this section by adding a new (a)(39) which designated U.S. Highway 65 from the Arkansas-Louisiana border north to Pine Bluff, Arkansas as a scenic highway. This provision, duplicative of (a)(1), has not been codified.

Acts 2019, No. 292, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) Civil War tourism brings many benefits to the surrounding community including new:

“(A) Jobs for local residents;

“(B) State and local tax revenues; and

“(C) Business for the local economy;

“(2) Well-preserved Civil War battlefields are important to Arkansas tourism in attracting tourists who wish to experience the authenticity of place associated with the battles that shaped American history, and these types of tourists tend to stay significantly longer in the areas they visit than other tourists;

“(3) The Camden Expedition was the Arkansas phase of the Red River Campaign devised to reassert the Union Army's control over Arkansas, Louisiana, and Texas;

“(4) On March 23, 1864, Major General Frederick Steele led a Union army of eight thousand five hundred (8,500) troops made up of infantry, artillery, and cavalry south from Little Rock to join a larger Union force in Shreveport, Louisiana, and invade Texas;

“(5) Major General Steele's army abandoned the drive south and turned instead to Camden after learning Union forces in Louisiana had been defeated;

“(6) Due to a lack of logistical planning, poor roads, shortage of food and supplies, and continued Confederate resistance, Steele and his remaining troops fled Camden and retreated to Little Rock;

“(7) The defeated Union force arrived in Little Rock on May 3, 1864, with over two thousand five hundred (2,500) casualties making the Camden Expedition one of the worst Union military disasters of the American Civil War to take place in Arkansas;

“(8) In 1994, eight (8) historic sites associated with the Camden Expedition were designated as the ‘Camden Expedition National Historic Landmark’, a distinction accorded by the United States Secretary of the Interior only to landmarks of national historical significance;

“(9) The Camden Expedition Scenic Highway guides a Civil War tourist through southern and central Arkansas connecting five (5) battlefields and other Civil War historic sites, including the:

“(A) Confederate State Capitol building in Historic Washington State Park in Hempstead County;

“(B) Elkins' Ferry Battlefield in Clark and Nevada counties;

“(C) Fort Lookout on Rogers Street, in Camden, Ouachita County;

“(D) Fort Southerland on Bradley Ferry Road, in Camden, Ouachita County;

“(E) Jenkins' Ferry Battleground State Park, Grant County;

“(F) Marks' Mills Battleground State Park, Cleveland County;

“(G) Site of the Skirmishes at Okolona, Clark County;

“(H) Poison Springs Battleground State Park State Park, Ouachita County;

“(I) Prairie D'Ane Battlefield, Nevada County; and

“(J) Site of the Skirmish at Terre Noire Creek, Clark County; and

“(10) The designation of the ‘Camden Expedition Scenic Highway’ is essential to preserve and develop Civil War historic sites while increasing economic development of cities in close proximity to the Civil War historic sites”.

Amendments. The 2009 amendment substituted “Craighead Forest Road; west on Craighead Forest Road to State Highway 141, Culberhouse Road; south on State Highway 141 to Lawson Road; east on Lawson Road across State Highway 1, continuing east to join State Highway 163” for “an intersection with State 163” in (a)(45).

The 2013 amendment added (50).

The 2015 amendment substituted “Highway 44 north to Perry Street, Highway 20 north, US Highway 49 Business North, Perry Street and east to Mississippi River Levee Rd. north through Helena-West Helena; Phillips County Road 239, 215 and 217; Lee County Road 217 and 221 through the St. Francis National Forest” for “Highway 44 north through Helena-West Helena; Phillips County Routes 239 and 217 and Lee County Route 221 through the St. Francis National Forest” in (a)(10).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1).

The 2019 amendment by No. 292 added (a)(51).

The 2019 amendment by No. 293 added (a)(52).

27-67-204. Designation of roads in and connected to state parks — Definition.

  1. The State Highway Commission shall include as a part of the state highway system the most used vehicular roads located within the geographical boundaries of all existing state parks and the most used roads and highways connecting established state highways with state parks. When any new state park is created or established, the commission shall immediately include as a part of the state highway system the vehicular road within the boundaries of the new state park and the roads and highways connecting the new state park to established state highways.
  2. The provisions of this section shall be applicable to all state parks which are now or may hereafter be placed under the control and direction of the Department of Parks, Heritage, and Tourism.
  3. It shall be the duty of the commission to provide for maintenance and repairs of these roads as provided for other state highways.
    1. The Arkansas Department of Transportation is authorized to construct and maintain public parking areas and parking facilities at the respective state parks.
    2. For the purposes of this subsection, parking areas and facilities constructed by the Arkansas Department of Transportation at the respective state parks shall be deemed to be a part of the state highway system.
    3. The Department of Parks, Heritage, and Tourism shall study the needs for public parking areas and parking facilities at the respective state parks and shall notify the Arkansas Department of Transportation thereof.
    4. The Arkansas Department of Transportation may cooperate with the Department of Parks, Heritage, and Tourism in the construction and maintenance of such facilities.
    1. Notwithstanding any law to the contrary the Department of Parks, Heritage, and Tourism is permitted by rule to authorize the use of motorized scooters on roads within areas under the control and management of the Department of Parks, Heritage, and Tourism.
    2. As used in this section, “motorized scooter” means a two-wheeled device that:
      1. Has handlebars;
      2. Can be stood or sat upon by the operator;
      3. Is powered by an electric, gasoline, or alcohol-fueled motor capable of propelling the device with or without human propulsion;
      4. Has a top speed of twenty miles per hour (20 m.p.h.); and
      5. Does not otherwise meet the definitions of “motorcycle”, “motor-driven cycle”, or “motorized bicycle” under § 27-20-101, or the definition of an electric bicycle under § 27-51-1702.
    3. Any use authorized under this section is limited to the period between sunrise and sunset.

History. Acts 1937, No. 109, §§ 1-3; Pope's Dig., §§ 6524-6526; Acts 1957, No. 387, §§ 1, 2; 1961, No. 83, §§ 1, 2; 1963, No. 152, §§ 1, 2; A.S.A. 1947, §§ 76-502, 76-503, 76-503.1, 76-503.2, 76-504; Acts 2013, No. 578, § 1; 2017, No. 707, § 385; 2017, No. 956, § 4; 2019, No. 315, § 3164; 2019, No. 910, §§ 5722-5724.

Amendments. The 2013 amendment added (e).

The 2017 amendment by No. 956 added “or the definition of an electric bicycle under § 27-51-1702” at the end of (e)(2)(E).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (d)(1) through (d)(4).

The 2019 amendment by No. 315 substituted “rule” for “regulation” in (e)(1).

The 2019 amendment by No. 910 substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (b), (d)(3), (d)(4), and (e)(1).

27-67-205. Designation of roads to municipal airports.

The State Highway Commission may include as a part of the state highway system the principal vehicular road leading to each municipal airport in this state that is located outside the city limits of a municipality and that:

  1. Has one (1) or more hard-surfaced runways at least two thousand feet (2,000') in length;
  2. Provides fueling services for aircraft; and
  3. Provides overnight tie-down facilities for aircraft.

History. Acts 1971, No. 248, §§ 1-3; A.S.A. 1947, §§ 76-557 — 76-559; Acts 2015, No. 590, § 1.

Amendments. The 2015 amendment deleted (b) and (c); deleted designation (a) from the remaining provisions; substituted “that” for “which” twice; and added “and” at the end of (2).

27-67-206. New construction generally — Definitions.

  1. It shall be the duty of the State Highway Commission to construct the roads in the state highway system which are not now constructed and that the work of construction be pushed as rapidly as funds are available for that purpose.
  2. The commission shall begin the work of construction in those counties in which the roads embraced in the state highway system have not been constructed by improvement districts, or in which only a small portion of roads have been so constructed. The commission shall continue construction work in such counties until the completed roads in each county in the state have been brought to a parity, after which construction work shall be distributed throughout the counties so as to maintain the parity as far as practical.
  3. All new construction work shall be done by contract, and all contracts for the work shall be let to the lowest responsible bidder.
  4. The commission shall have the right to reject any or all bids.
  5. No contract in excess of ten thousand dollars ($10,000) shall be let without advertising for bids. However, the commission may enter into agreements in excess of ten thousand dollars ($10,000) on a noncompetitive basis in a manner that it deems fit with railway companies for the installation of flashing light signals or other types of railroad highway grade crossing protective devices and work necessary to be performed by the railroads in conjunction with the construction of grade elimination structures on force account or day labor basis when the work incurred is financed with federal funds in whole or in part.
  6. Successful bidders shall be required to furnish a surety bond by a surety company to be approved by the commission, in a penal sum of at least one-fourth (¼) of the amount of the contract price, conditioned as the commission may require.
  7. However, the commission may accept personal bonds, but in every case in which a personal bond is accepted, the contractor shall be required to deposit United States Government bonds, state highway bonds or notes, or valid bonds of any road improvement district referred to in Acts 1929, No. 65, § 19 [repealed], in an amount equal to twenty-five percent (25%) of the amount of the contract to be held in escrow as collateral security for the performance of the contract.
  8. Where the commission is of the unanimous opinion that any particular piece of work may be done more economically with state forces, the commission may proceed to do the particular construction work with state forces.
  9. The commission may let contracts for the construction of necessary bridges on the state highways to be paid for out of the State Highway and Transportation Department Fund.
    1. As used in this subsection:
      1. “Authorized entity” means a company, firm, partnership, corporation, association, joint venture, or other legal entity, including a combination of any of these entities, that makes a proposal under this subsection;
      2. “Concession” means a lease, franchise, easement, permit, or other binding agreement transferring rights for the use or control of a transportation facility by the commission to a private partner under this subsection; and
      3. “State highway revenues” means “highway revenues” as defined under § 27-70-202.
    2. Notwithstanding any other provisions of law to the contrary, the commission may:
      1. Establish written procedures and rules for the procurement of:
        1. Qualification-based, design-build services and for administering design-build project contracts;
        2. Qualification-based, design-build finance services and for administering a design-build finance project contract; and
        3. An agreement for a concession;
      2. Receive solicited and unsolicited proposals for a project proposed under this subsection by an authorized entity;
      3. Award a project contract on a qualification basis that offers the greatest value for the state; and
      4. Contract with an authorized entity to design, construct, improve, and maintain qualified projects.

History. Acts 1929, No. 65, §§ 18, 21; Pope's Dig., §§ 6527, 6549; Acts 1941, No. 341, § 1; 1947, No. 222, § 1; A.S.A. 1947, §§ 76-505, 76-507; Acts 2003, No. 460, § 2; 2013, No. 541, § 1; 2015, No. 704, § 1; 2019, No. 315, § 3165.

Amendments. The 2013 amendment substituted “design, construct, improve, and maintain” for “acquire, construct, finance, improve, maintain, and operate” in (j)(2)(D); in (j)(2)(E), substituted “design, construct, improve, and maintain” for “acquire, construct, finance, improve, maintain, and operate two (2)” and “of July 1, 2013, pursuant to Arkansas Constitution, Amendment 91” for “of July 16, 2003”; and deleted former (j)(3).

The 2015 amendment, in (j)(1)(A), substituted “‘Authorized entity’” for “‘Design-builder,’” and “under this subsection” for “to perform a design-build project contract”; inserted (j)(1)(B), and redesignated former (j)(1)(B) as (j)(1)(C); rewrote (j)(2)(A) and (B); deleted “design-build” preceding “project” in (j)(2)(C); rewrote (j)(2)(D); and deleted former (j)(2)(E).

The 2019 amendment substituted “rules” for “regulations” in (j)(2)(A).

Case Notes

In General.

This section, is unambiguous and mandatory. Leonard v. State ex rel. Attorney Gen., 185 Ark. 998, 50 S.W.2d 598 (1932).

Contracts.

One furnishing labor and materials for construction of bridges under a contract that was invalid merely because not let in the manner and form provided by law was entitled to recover the fair value thereof under a quantum meruit. Arkansas State Hwy. Comm'n v. Keaton, 187 Ark. 306, 59 S.W.2d 481 (1933).

Acceptance by the state of an unauthorized contract did not estop state from recovering, by way of setoff, a payment in excess of reasonable costs. Refunding Bd. v. State Hwy. Audit Comm'n, 189 Ark. 144, 70 S.W.2d 1027 (1934).

27-67-207. Maintenance generally.

  1. As used in this chapter, unless the context otherwise requires, “maintenance” means the constant making of all repairs necessary to preserve a smooth surface on the roads and to keep the bridges and culverts in a safe condition and shall include drainage work, the building of bridges and culverts, and the making of cuts and fills as the commission deems necessary to accomplish these purposes.
  2. It shall be the duty of the State Highway Commission to begin as soon as practicable and continue the maintenance of all roads that are properly designated as state highways, to the end that every part of the state highways shall be properly, fairly, and equitably maintained and kept in repair.
  3. So far as practicable, maintenance and repair shall be according to what is known as the patrol system. Laborers as are deemed necessary may be employed and kept continually on the roads, with the force, equipment, and materials that are necessary to perform the work.
  4. The commission may make all necessary contracts, purchase all necessary equipment, supplies, and materials, and employ all necessary labor and is given all other necessary powers to provide for maintenance and shall pay for the same out of the State Highway and Transportation Department Fund.
    1. However, all contracts so let in excess of one thousand dollars ($1,000) made by the commission shall be let on a competitive basis to the lowest responsible bidder.
    2. The commission may reject all bids.
    3. All bids shall be sealed bids and shall be filed with the commission in open session and opened and tabulated during that session of the commission.
    4. No such contract shall be valid unless signed by at least three (3) members of the commission and attested to by the secretary.

History. Acts 1929, No. 65, § 18; Pope's Dig., § 6527; A.S.A. 1947, § 76-505.

27-67-208. Purchase of materials — Bids.

The State Highway Commission may purchase materials in quantities for use on the public works and may let contracts by the terms of which the contractors shall be required to use these materials in carrying out their contracts. However, any material purchased shall be bought only after advertising for bids, which bids are to be received and opened in public.

History. Acts 1929, No. 65, § 64; Pope's Dig., § 6914; A.S.A. 1947, § 76-509.

27-67-209. Priority of native resources used in construction and maintenance.

  1. It is declared to be the policy of the state to encourage, in every way possible, the development of natural resources of the state, which resources are suitable for use in highway construction.
  2. Whenever upon investigation the commission shall find that suitable materials produced, mined, or manufactured in the State of Arkansas can be obtained as cheaply and are of as good quality as materials produced, mined, or manufactured in other states, the commission is empowered and authorized to specify that the materials produced, mined, or manufactured in Arkansas shall be used in the construction or maintenance of the roads of this state.

History. Acts 1927, No. 103, § 1; Pope's Dig., § 6495; A.S.A. 1947, § 76-224.

27-67-210. Sales and severance tax exemption — Sand and gravel.

When the Arkansas Department of Transportation, by lease or by oral or written agreement with the landowner, enters upon the land and severs sand and gravel for the purpose of using the sand and gravel in the repair, maintenance, or construction of state highways, then the department as the producer and the owner of the land shall not be liable for, nor shall they pay to the State of Arkansas, any sales or gross receipts taxes or severance taxes upon the sand and gravel.

History. Acts 1953, No. 345, § 1; A.S.A. 1947, § 76-243; Acts 2017, No. 707, § 386.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-67-211. Interference with traffic control devices or barricades — Definition.

  1. As used in this section, “traffic control device” means a sign, signal, marking, or device placed or erected for the purpose of regulating, warning, or guiding traffic.
  2. If a traffic control device or barricade is placed or erected to close a public highway under the authority of the Arkansas Department of Transportation or local authorities on public highways, it is unlawful for a person to:
    1. Drive a vehicle through, under, over, or around the traffic control device or barricade; or
    2. Remove the traffic control device or barricade and enter the closed area.
  3. A violation of this section is punishable by a fine of not more than one hundred dollars ($100).
  4. A person convicted under this section shall:
    1. Pay restitution in an amount equal to the actual cost of the emergency response and the replacement of any damaged or lost emergency equipment; and
    2. Be liable for damage to property, or injury or death to a person caused by the violation.

History. Acts 1929, No. 65, § 56; Pope's Dig., § 6906; A.S.A. 1947, § 76-513; Acts 2017, No. 789, § 1.

Amendments. The 2017 amendment substituted “Interference with traffic control devices or barricades” for “Highway closure during construction” in the section heading; and rewrote the section.

27-67-212. Changing or widening roads — Role of county court.

  1. The State Highway Commission may call upon the county court to change or widen, in the manner provided by § 14-298-121, any state highway in the county where the state highway engineer deems it necessary for the purpose of constructing, improving, or maintaining the road.
  2. In the event the county court should refuse to widen the road as requested, the commission may refuse to construct, improve, or maintain that portion of the road until a suitable right-of-way is provided.
  3. This section and § 14-298-120 shall be cumulative to all existing laws and parts of laws and shall not be construed as to repeal any existing laws or part of laws unless they are in conflict herewith, and then only to the extent of the conflict.

History. Acts 1965, No. 387, §§ 3, 4; A.S.A. 1947, §§ 76-928, 76-928n.

Cross References. Alteration of county roads, § 14-298-101 et seq.

Case Notes

Appeals.

Where the county court, following a request by the State Highway Commission, condemned land for highway purposes, an appeal by the landowners to the circuit court from an order of the county court allowing their claim for damages against both the county and the commission constituted a suit against the state over which the circuit court had no jurisdiction. Arkansas State Hwy. Comm'n v. Palmer, 222 Ark. 603, 261 S.W.2d 772 (1953) (decision under prior law).

Condemnation.

A filing of a suit by State Highway Commission to condemn certain land for highway purposes did not amount to a request to the county to commence an action; rather, such an action constituted a lawsuit by the state. Lee County v. Holden, 82 F. Supp. 353 (E.D. Ark. 1949) (decision under prior law).

Where the county court failed or refused to grant a request of the State Highway Commission to condemn certain land, the commission could acquire the right-of-way by purchase, eminent domain, or otherwise, and could, in such event, charge one-half the cost back to the county. Arkansas State Hwy. Comm'n v. Palmer, 222 Ark. 603, 261 S.W.2d 772 (1953) (decision under prior law).

While § 14-298-120 gives the county court the power to condemn land on its own motion and upon petition of interested landowners, it does not permit a petition of the highway commission to be acted on by the county court. Arkansas State Hwy. Comm'n v. Dotson, 301 Ark. 54, 781 S.W.2d 459 (1989).

Where the record contained no petition to condemn land by the highway commission to the county court, and the recitation by the county court order that there was such a petition was apparently a reference to action by the commission to “call upon” the county to act as permitted in subsection (a) of this section; in such instances, the county was the condemning authority, and the commission was not a party. Arkansas State Hwy. Comm'n v. Dotson, 301 Ark. 54, 781 S.W.2d 459 (1989).

—Damages.

Where a county court, at the request of the State Highway Commission, condemned land for road purposes, the county became liable for all damages resulting from such taking. Arkansas State Hwy. Comm'n v. Palmer, 222 Ark. 603, 261 S.W.2d 772 (1953) (decision under prior law).

—Deposit.

Where county court entered order condemning lands for right-of-way at request of State Highway Commission and the commission thereafter obtained order in chancery court enjoining landowner from interfering with its operation in clearing the right-of-way, at which time the chancery court ordered the commission to pay a cash deposit into court to guarantee the payment of damages in the event that the county did not pay the damages, landowner was not entitled to the deposit upon an award of damages where there was no showing that he had made his claim against the county, that the county had refused to pay, or that the county was unable to pay. Arkansas State Hwy. Comm'n v. Croom, 225 Ark. 312, 280 S.W.2d 887 (1955) (decision under prior law).

Where county sought condemnation pursuant to former similar statute, landowner was entitled to a guarantee of payment for land taken, and it was error to direct the county to make $5,000 deposit where there was nothing in the record to indicate whether that amount was sufficient or adequate to compensate for the damages that might have been incurred, nor anything to denote whether sufficient moneys from county revenues had been retained to pay the damages. Shipley v. Crawford County, 253 Ark. 1021, 490 S.W.2d 439 (1973) (decision under prior law).

County Roads.

County road held not created. Ark. Game & Fish Comm'n v. Lindsey, 292 Ark. 314, 730 S.W.2d 474 (1987).

Municipal Streets.

A county court had authority to provide a suitable right-of-way by changing and widening streets designated as state highways in cities of the second class. Wilson v. Interstate Constr. Co., 178 Ark. 482, 10 S.W.2d 908 (1928) (decision under prior law).

Cited: Greig v. Crawford County, 256 Ark. 202, 506 S.W.2d 523 (1974); Dotson v. Madison County, 311 Ark. 395, 844 S.W.2d 371 (1993).

27-67-213. Fog lines — White stripes on road edges.

  1. The Arkansas Department of Transportation shall paint and maintain white stripes not less than four inches (4") in width on both edges of all hard-surfaced primary and secondary state roads with a pavement width of twenty feet (20') or more and carrying one thousand (1,000) or more vehicles daily, which roads are constructed in this state.
  2. The provisions of this section shall not apply to any noncontrolled-access roads in urban areas and any other state highway determined by an engineering study not to warrant such striping.

History. Acts 1969, No. 99, §§ 1, 2; A.S.A. 1947, §§ 76-555, 76-556; Acts 2017, No. 707, § 387.

Amendments. The 2017 amendment, in (a), substituted “Department of Transportation” for “State Highway and Transportation Department” and “a pavement width of twenty feet (20') or more” for “a twenty foot (20') or more pavement width”.

27-67-214. Construction and maintenance of railroad crossings.

  1. It shall be the duty of the members of the State Highway Commission and of the state highway engineers, on all trips in the state, to particularly observe crossings of railroads on state highways.
  2. It shall be the duty of all railroad companies and the owners of tramroads whose lines intersect or cross any of the highways of the state to improve that part of the roadway between their tracks and to the end of the cross ties on each side with the same material, whatever practicable, with the same foundation and surface as that in the adjoining portions of the roadway and to maintain such crossings in a good state of repair.
  3. The commission shall have power and authority to require any and all railway companies to build and construct roads under their tracks at such crossings as, in the judgment of the commission, will be for the best and safest interest of the traveling public.
  4. The commission may join with any railroad company in construction or paying not exceeding fifty percent (50%) of the cost of constructing any overhead or undergrade railroad crossing on a state highway or on an extension or continuation of any state highway through a town or city.

History. Acts 1929, No. 65, § 59; Pope's Dig., § 6909; A.S.A. 1947, § 76-517.

Case Notes

Duties of Railroads.

Duty of railroad to improve roadways where they intersect tracks is restricted by this section to area of road between tracks and to end of cross ties. Untiedt v. St. Louis Sw. Ry., 246 Ark. 941, 440 S.W.2d 251 (1969).

27-67-215. Maintenance of detour roads.

    1. When the Arkansas Department of Transportation has been forced to bar traffic from a flooded section of a state highway by putting up signs directing the traffic from the state highway or by stationing state highway employees on the state highway to direct traffic from the state highway over a road surfaced with gravel, crushed stone, or other type of surfacing or pavement, and when it appears that the detour road will continue to be needed, the department shall have authority, as it deems right and proper, to do any repair to the surfacing of the road over which traffic is diverted by the department, as may equal, in the judgment of the department, the amount of wear and tear that is caused to the road by the traffic diverted over it.
    2. However, the department shall only do such maintenance work on the surface of the road as in the judgment of the department it feels that it has caused wear to the surface of the road by reason of the traffic diverted over it from time to time.
  1. In order that this maintenance work may be legally done on such surfaced road, the road used for this purpose shall henceforth be a part of the state highway system.
  2. It is distinctly understood that this section shall not force any maintenance of a road on the department but will merely make it legal for the department to do the amount of maintenance on the surfaced road that it feels it has caused to be needed to the surface of the road by traffic diverted over it by action of the department through its employees.

History. Acts 1939, No. 359, §§ 1, 2; A.S.A. 1947, §§ 76-515, 76-516; Acts 2017, No. 707, § 388.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

27-67-216. Repair of county roads damaged in construction or maintenance of state highway.

The Arkansas Department of Transportation is authorized to make any necessary repairs to a county road to restore the road to its former condition of repair in those instances where damages to the county road may have been occasioned by the department in connection with the construction or maintenance of a state highway or by any contractor performing work upon any state highway under contract with the department.

History. Acts 1963, No. 127, § 1; A.S.A. 1947, § 76-551; Acts 2017, No. 707, § 389.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-67-217. Direction signs to institutions of higher education.

The Arkansas Department of Transportation shall design, erect, and maintain signs at the closest and all other proper exits and intersections of state and federal highways designating exits to any and all institutions of higher education and postsecondary vocational and technical schools, whether public or private, upon the request of the institution.

History. Acts 1979, No. 584, § 1; 1985, No. 803, § 1; A.S.A. 1947, § 76-564; Acts 2017, No. 707, § 390.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-67-218. Digging up highways without authorization.

  1. It shall be unlawful for any person to dig up any portion of the state highways or to otherwise disturb them for the purpose of laying pipelines, sewers, poles, wires, ditches, railways, or for any other purpose, except as authorized by an order of the State Highway Commission.
    1. All work shall be done in accordance with the rules that may be prescribed by the commission.
    2. The work shall be done under the supervision of and to the satisfaction of the state highway engineer.
    3. All cost of replacing the highway in as good a condition as it was before being disturbed shall be paid by the person, firm, or corporation to whom or in whose behalf authority is given.
    1. Before the work is done, a check certified by a solvent bank and payable to the commission in an amount to be fixed by the state highway engineer shall be deposited with the commission, to be used by the commission in restoring the road to its former condition if the person who disturbs the road fails to do so.
    2. The check is to be returned if the road is restored to its former condition by the person doing the work.
    3. Otherwise, the commission shall so restore the highway.
    4. Any balance remaining after the work is paid for by the commission shall be remitted to the person depositing the check.

History. Acts 1929, No. 65, § 57; Pope's Dig., § 6907; A.S.A. 1947, § 76-531; Acts 2019, No. 315, § 3166.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b)(1).

27-67-219. John Paul Hammerschmidt Highway.

  1. U.S. 71 from the I-40 intersection to the Missouri line shall be designated as the “John Paul Hammerschmidt Highway” within the State of Arkansas.
  2. In addition to that portion of U.S. 71 designated the “John Paul Hammerschmidt Highway” under subsection (a) of this section, that portion of U.S. 71 from its intersection with I-540 in Fort Smith, Arkansas, to the State Highway 10 exit near Greenwood, Arkansas, is hereby designated a part of the John Paul Hammerschmidt Highway.
  3. It shall be the responsibility of the Arkansas Department of Transportation to place appropriate highway identifying signs on the highway.
  4. The department shall erect appropriate signs along the section of the highway designated herein, indicating that the highway has been designated the “John Paul Hammerschmidt Highway”.

History. Acts 1989, No. 6, § 1; 1989, No. 535, § 1; 2017, No. 707. § 391.

Publisher's Notes. Acts 1989, No. 6, § 2, provided:

“This act shall apply to the new U.S. Highway 71 under construction during the 77th Session of the Arkansas General Assembly.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c).

27-67-220. The Highway of Hope.

  1. The route along U.S. 67 and State 7 between Hope and Hot Springs regularly traveled by the Honorable Bill Clinton, 42nd President of the United States, during his childhood, is hereby designated “The Highway of Hope”.
  2. The Arkansas Department of Transportation shall erect appropriate signs along U.S. 67 and State 7 between Hope and Hot Springs designating the route as “The Highway of Hope”.

History. Acts 1993, No. 784, §§ 1, 2; 2017, No. 707, § 392.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-3 may not apply to this section which was enacted subsequently.

Publisher's Notes. Acts 1993, No. 784, § 3, provided:

“It is the intent and purpose of this act to encourage visitors to the state to venture off the interstate highways and to enjoy more of Arkansas' scenic beauty and experience the culture found along its highways. It is further the intent and purpose of this act to request the Arkansas Highway and Transportation Department to erect appropriate signs along the route described and to thereby assist small communities along the route to develop tourism.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-67-221. Authority of Arkansas Department of Transportation to inform amateur radio operators of high frequency radio repeaters.

  1. The Arkansas Department of Transportation is authorized to post signs along the public streets and highways of Arkansas to inform persons who are licensed amateur radio operators of the existence of a high frequency radio repeater within a specific local area, provided such signs do not conflict with any rules or regulations of the United States Department of Transportation or the Manual on Uniform Traffic Control Devices.
    1. The Arkansas Department of Transportation is authorized to develop and adopt the appropriate signs showing “TWO-METER RADIO REPEATER AREA” or “AMATEUR RADIO FREQUENCY MONITORED” for use in the designated areas along the public streets and highways under its jurisdiction.
    2. The signs may include the radio frequency of these local repeaters or the frequency being monitored by local radios.
      1. Any local amateur radio operators or any amateur radio club wishing to participate in this program shall be responsible for the costs of preparing and purchasing these signs.
        1. The Arkansas Department of Transportation is authorized to enter into an agreement with the participants to recover those costs.
        2. The Arkansas Department of Transportation is authorized to prepare and furnish the signs to the local participating radio clubs or operators at cost.
        3. The Arkansas Department of Transportation is further authorized to erect and maintain the signs at no cost to the local radio clubs or operators.
    1. The Arkansas Department of Transportation is authorized to contact all local amateur radio operators and any amateur radio clubs in Arkansas to inform them of this service.
    2. Any amateur radio operator or radio club that wishes to participate in this program shall notify the Arkansas Department of Transportation of its interest and shall inform the Arkansas Department of Transportation of the radio frequencies which are monitored in its immediate area and the time periods during which they are monitored.
    1. The Arkansas Department of Transportation shall ensure the signs correlate with and, so far as possible, conform to the system of traffic-control devices that are currently in use by the Arkansas Department of Transportation.
    2. The Arkansas Department of Transportation is authorized to erect the signs and review, at least biennially, all areas with signs within its jurisdiction to ensure the area still qualifies for having the signs posted.
  2. The Director of State Highways and Transportation shall have the authority to promulgate any necessary rules to implement this section and establish any conditions and guidelines for participation by any local amateur radio operators or clubs.

History. Acts 1995, No. 1100, §§ 1-4; 2017, No. 707, § 393; 2019, No. 315, § 3167.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-3 may not apply to this section which was enacted subsequently.

Amendments. The 2017 amendment substituted “Arkansas Department of Transportation” for “Highway Department” in the section heading; substituted “Department of Transportation” for “State Highway and Transportation Department” throughout the section; substituted “Director of State Highways and Transportation” for “Director of the Arkansas State Highway and Transportation Department” in (e); deleted former (f); and made stylistic changes.

The 2019 amendment deleted “and regulations” following “rules” in (e).

27-67-222. State police officer highway dedication program — Definition.

    1. “State police officer” means any employee of the Division of Arkansas State Police who holds the rank of state trooper or higher rank, including the Director of the Division of Arkansas State Police.
    2. The term “state police officer” does not include any:
      1. Civilian employee of the division; or
      2. Person who is temporarily employed as a state trooper during an emergency.
  1. A state police officer who has been killed on active duty within the State of Arkansas shall have a one-mile portion of a highway dedicated to him or her at or near the location of his or her death.
  2. The Arkansas Department of Transportation shall designate a one-mile portion of a highway as the “Trooper Memorial Highway” by placing and maintaining appropriate identifying signs with a blue background and reflective silver lettering on the highway.

History. Acts 2007, No. 848, § 1; 2009, No. 483, § 8; 2017, No. 707, § 394; 2019, No. 910, § 6050.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-3 may not apply to this section which was enacted subsequently.

Amendments. The 2009 amendment subdivided (a)(2), and made related and minor stylistic changes.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c).

The 2019 amendment substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” twice in (a)(1) and substituted “division” for “department” in (a)(2)(A).

27-67-223. Rock ‘n’ Roll Highway 67.

  1. The route along Highway 67 through Jackson County, Lawrence County, Randolph County, and White County regularly traveled by the great legends of early rock ‘n’ roll is hereby designated “Rock ‘n’ Roll Highway 67”.
  2. The Arkansas Department of Transportation shall erect appropriate signs along Highway 67 through Jackson County, Lawrence County, Randolph County, and White County designating the route as “Rock ‘n’ Roll Highway 67”.

History. Acts 2009, No. 497, § 2; 2013, No. 26, § 1; 2017, No. 707, § 395.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-3 may not apply to this section which was enacted subsequently.

Acts 2009, No. 497, § 1, provided:

“Legislative findings:

“The General Assembly finds that:

“(1) Arkansas has a great and varied music heritage;

“(2) The heritage includes a new type of music that emerged in the 1940s and 1950s called ‘rock ‘n’' roll’;

“(3) Some of the early ‘rock ‘n’ roll’ legends that regularly traveled Highway 67 through Jackson County, Lawrence County, and Randolph County to perform their new type of music included:

“(A) Elvis Presley;

“(B) Billy Lee Riley;

“(C) Sonny Burgess;

“(D) Roy Orbison;

“(E) Jerry Lee Lewis;

“(F) Carl Perkins;

“(G) Johnny Cash;

“(H) Conway Twitty, whose real name was Harold Jenkins;

“(I) Charlie Rich;

“(J) Ace Cannon;

“(K) Bobby Lee Trammell, a former Arkansas State Representative, who had a hit known as ‘Arkansas Twist’;

“(L) Fats Domino; and

“(M) The many others who played this route that contributed to the birth of rock ‘n’ roll.

“(4) The live performances by the rock ‘n’' roll legends were at many establishments along Highway 67 including:

“(A) The Silver Moon in Newport;

“(B) Porky's Rooftop in Newport;

“(C) Jarvis' Club in Newport;

“(D) Woody's Club in Newport;

“(E) The Newport Armory;

“(F) Charley's Place in Swifton;

“(G) B and I Club, later known as Bob King's Club and King's Capri Club between Swifton and Alicia;

“(H) Mike's 67 Club between Swifton and Alicia;

“(I) The Walnut Ridge Community Center; and

“(J) On the top of the Skylark Drive-in Theater in Pocahontas;

“(5) While academics and historians have indicated that a change in the name of this music to ‘rockabilly’ should be made, everyone who lived, breathed, and rocked during this time called the music rock ‘n’ roll; and

“(6) To honor our rock ‘n’ roll music heritage and all of those who enjoyed it then and continue to enjoy it today, the route that these legendary performers regularly made on Highway 67 through Jackson County, Lawrence County, and Randolph County should be recognized by officially naming it ‘Rock ‘n’ Roll Highway 67’.”

Amendments. The 2013 amendment inserted “and White County” throughout the section; and inserted “Arkansas” in (b).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-67-224. The Arkansas Wine Country Trail.

    1. To provide more detailed directions on highways, roads, and streets to agritourism vineyards and wineries in the State of Arkansas, the Arkansas Wine Country Trail is established.
      1. The Arkansas Wine Country Trail shall include the highways, roads, and streets that lead to the wineries permitted by the Alcoholic Beverage Control Division of the Department of Finance and Administration that produce wine from Arkansas-grown fruits and vegetables.
      2. The Arkansas Department of Transportation shall determine the location of the Arkansas Wine Country Trail in consultation with the Department of Parks, Heritage, and Tourism.
    2. A winery is eligible to have signs near its facility if it:
      1. Is a winery permitted by the division; and
      2. Offers tours.
    3. The signs shall be of size and shape and of materials designated by the Arkansas Department of Transportation in consultation with the Department of Parks, Heritage, and Tourism.
    1. The sign for the Arkansas Wine Country Trail shall have on it a cluster of grapes in front of a classic bottle of Bordeaux wine with a statement approved by the Arkansas Department of Transportation, a directional arrow, and one (1) of the following phrases:
      1. “Winery Tours”;
      2. “Winery and Vineyard Tours”;
      3. “Wine Cellar Tours”; or
      4. “Wine Cellar and Vineyard Tours”.
    2. Information for proper placement will be made available by the Arkansas Department of Transportation.
    3. This sign, but on a smaller scale, shall be used as the symbol on the state highway map and in all tourism literature published by the Department of Parks, Heritage, and Tourism to indicate the Arkansas Wine Country Trail or individual vineyards, wineries, or cellars that are part of the Arkansas Wine Country Trail.

History. Acts 2011, No. 1052, § 2; 2017, No. 707, § 396; 2019, No. 910, §§ 5725-5727.

A.C.R.C. Notes. Acts 2011, No. 1052, § 1, provided:

“The General Assembly finds that:

“(1) Arkansas is known not only for its beautiful and abundant mountains, lakes, rivers, and plateaus, but also for picturesque vineyards and historic wine cellars;

“(2) The vineyards and cellars in the state provide free tours and tastings of first-class, award-winning wines that have garnered medals in national and international competitions;

“(3) Data and statistics from the Department of Parks and Tourism indicate that efforts by Arkansas's grape and wine industry in improving these tour facilities has generated increased tourism and provided a major boost to our economy;

“(4) The states around Arkansas have developed well-marked wine trails that enable more tourists to locate and travel to their vineyards and cellars; and

“(5) The great vineyard and wine agritourism industry should be actively encouraged, and we should assist tourists and travelers in our state to locate the vineyards and wineries that offer free tours by clearly marking the appropriate highways, roads, and streets with signs that have been approved by the Department of Parks and Tourism and the Arkansas State Highway and Transportation Department.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” throughout the section; and substituted “Arkansas Wine Country Trail” for “trail” in (b)(3).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a)(2)(B), (a)(4), and (b)(3).

27-67-225. The Gold Star Families Highway.

  1. To honor Arkansas's fallen service members, who have served this great country in the United States Armed Forces, and their families, each of the following routes is designated as a “Gold Star Families Highway”:
    1. The route along Highway 163 North from its intersection with Highway 42 to its intersection with Highway 310; and
    2. The route along Wilbur D. Mills Freeway, also known as “I-630”, from its intersection with I-30 to its intersection with I-430.
  2. The Arkansas Department of Transportation shall erect appropriate signs designating each route as a “Gold Star Families Highway” along:
    1. Highway 163 North from its intersection with Highway 42 to its intersection with Highway 310; and
    2. I-630 from its intersection with I-30 to its intersection with I-430.

History. Acts 2015, No. 956, § 1; 2017, No. 707, § 397; 2019, No. 1070, § 1.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

The 2019 amendment rewrote the section.

27-67-226. Delta Rhythm & Bayous Highway.

  1. The route along U.S. Highway 65 South from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana is designated the “Delta Rhythm & Bayous Highway”.
  2. The Arkansas Department of Transportation shall erect appropriate signs along U.S. Highway 65 South from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana designating the route as the “Delta Rhythm & Bayous Highway”, including without limitation a sign in or near each of the following cities:
    1. Dermott;
    2. Dumas;
    3. Gould;
    4. Lake Village;
    5. Pine Bluff; and
    6. Tillar.
  3. If the Arkansas Department of Transportation does not have the funds available to erect the signs required under subsection (b) of this section, the Arkansas Department of Transportation may accept and use gifts, grants, and donations received from private, public, and nonprofit sources, including without limitation a city street department or a county road department for:
    1. Acquiring and installing the signs required under subsection (b) of this section; and
    2. Maintaining, replacing, or reconstructing the signs required under subsection (b) of this section.

History. Acts 2017, No. 451, § 2.

A.C.R.C. Notes. Acts 2017, No. 451, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) The southeast Arkansas Delta lowlands have a rich culture due in part to a varied musical heritage and the ecology and folklife of Bayou Bartholomew, Bayou Macon, and the many surrounding bayous in the region;

“(2) Some of the most influential musicians, writers, and producers, largely in the development of blues, but also in soul, county, rockabilly, rhythm & blues, gospel, and folk music were from, or achieved musical milestones in, the Arkansas Delta lowlands;

“(3) Significant musical contributions were made to several cities in the region, including Pine Bluff, Gould, Dumas, Grady, Dermott, Lake Village, Tillar, McGehee, and Eudora, Arkansas, by many great music legends including:

“(A) ‘Big’ Bill Broonzy;

“(B) Jim Ed Brown;

“(C) Johnny Cash;

“(D) Sam Cooke;

“(E) Miles Davis;

“(F) Freddy Fender;

“(G) Elmore James;

“(H) Eddie ‘Guitar Slim’ Jones;

“(I) Huddie ‘Lead Belly’ Ledbetter;

“(J) Jerry Lee Lewis;

“(K) Willie Ray ‘Smokie’ Norful Jr.;

“(L) Charley Patton;

“(M) Art Griswold and Roman Griswold;

“(N) Bobby Rush; and

“(O) Sippie Wallace;

“(4) Bayou Bartholomew runs approximately parallel to U.S. Highway 65 from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana and is:

“(A) The longest bayou in the world;

“(B) The second most biologically diverse stream in North America, inhabited by 117 aquatic species; and

“(C) A national treasure with a historical legacy of American folklife;

“(5) Other regional bayous such as Bayou Macon, reportedly the second longest bayou in the United States, make up a network of streams in the Southeast Arkansas Delta which maintain historical, cultural, and ecological significance;

“(6) The combination of musical heritage and bayou folk traditions make the region an ideal tourist destination for music, nature, and history lovers; and

“(7) The designation of U.S. Highway 65 South from Pine Bluff, Arkansas, to the border between Arkansas and Louisiana as the ‘Delta Rhythm & Bayous Highway’ is essential to preserve the region's history and to promote the economic development of cities in close proximity to U.S. Highway 65 South.”

27-67-227. Arkansas Delta highway designations — Legislative findings.

  1. The General Assembly finds that:
    1. Eastern Arkansas, commonly referred to as the “Arkansas Delta”, is known for its rich musical heritage;
    2. Some of the most influential musicians in the development of blues, soul, country, rockabilly, rhythm and blues, gospel, and prison music were from, or achieved musical milestones in, the Arkansas Delta, including:
      1. Johnny Cash;
      2. Levon Helm:
      3. Louis Jordan; and
      4. Sister Rosetta Tharpe;
    3. The Arkansas Delta includes a portion of the Americana Music Triangle, which was a particularly fertile region during the development of American popular music in the middle decades of the twentieth century; and
    4. The designation of certain highways in the Arkansas Delta is essential to preserve the region's history, promote music heritage tourism in the area, and provide a highway travel route for the music enthusiast.
  2. The route along Highway 17 from Dyess, Arkansas, to Wilson, Arkansas, where the boyhood home of Johnny Cash is located, is designated the “Johnny Cash Memorial Highway”.
  3. The route along U.S. Highway 49 from Marvell, Arkansas, to Helena, Arkansas, where the boyhood home of Levon Helm is located, is designated the “Levon Helm Memorial Highway”.
  4. The route along U.S. Highway 49 from Brinkley, Arkansas, the birthplace of Louis Jordan, to Marvell, Arkansas, is designated the “Louis Jordan Memorial Highway”.
  5. The route along Highway 17 from Cotton Plant, Arkansas, the birthplace of Sister Rosetta Tharpe, to Brinkley, Arkansas, is designated the “Sister Rosetta Tharpe Memorial Highway”.
  6. The route along U.S. Highway 61 from West Memphis, Arkansas, to Blytheville, Arkansas, a region recognized for its role in the development of Americana music, is designated the “Americana Music Highway”.
  7. The Arkansas Department of Transportation shall erect appropriate signs along:
    1. Highway 17 from Dyess, Arkansas, to Wilson, Arkansas, designating the route as the “Johnny Cash Memorial Highway”;
    2. U.S. Highway 49 from Marvell, Arkansas, to Helena, Arkansas, designating the route as the “Levon Helm Memorial Highway”;
    3. U.S. Highway 49 from Brinkley, Arkansas, to Marvell, Arkansas, designating the route as the “Louis Jordan Memorial Highway”;
    4. Highway 17 from Cotton Plant, Arkansas, to Brinkley, Arkansas, designating the route as the “Sister Rosetta Tharpe Memorial Highway”; and
    5. U.S. Highway 61 from West Memphis, Arkansas, to Blytheville, Arkansas, designating the route as the “Americana Music Highway”.

History. Acts 2017, No. 810, § 1.

27-67-228. Construction project information signs — Definitions.

  1. As used in this section:
    1. “Construction project information sign” means temporary signs placed at the beginning and end of a public road construction project informing motorists of the:
      1. Public road construction project start date and estimated date of completion; and
      2. Job number assigned to the public road construction project; and
    2. “Public road construction project” means the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, or right-of-way in which the construction, restoration, reconstruction, renovation, or repair is to be performed or is initiated by the Arkansas Department of Transportation or the State Highway Commission.
  2. The department shall erect appropriate construction project information signs:
    1. At least thirty (30) days before the first day of the public road construction project start date;
    2. For each public road construction project of ten million dollars ($10,000,000) or more; and
    3. In accordance with the rules governing informational signs placed on the highway by the department.
  3. The department, using the job number listed on the construction project information sign erected under subsection (b) of this section, shall post on the department's website specific public road construction project details, including without limitation the:
    1. Start date and estimated date of completion;
    2. Total cost of the contract awarded;
    3. Name of each contractor performing the public road construction project; and
    4. The number of days the contractor is ahead of or behind schedule.
  4. The department may promulgate rules for the administration and implementation of this section.

History. Acts 2017, No. 1070, § 2.

A.C.R.C. Notes. Acts 2017, No. 1070, § 1, provided: “Legislative Findings. The General Assembly finds that:

“(1) The residents of Arkansas depend on the state's highway system and the efficient completion of public road construction projects by the Arkansas State Highway and Transportation Department;

“(2) The department currently provides information on the progress of certain public road construction projects on its website;

“(3) The motoring public expects the department to communicate the progress of major public road construction projects which tend to take more time to complete; and

“(4) Construction project information signs will alleviate the stress caused by major public road construction projects by providing progress updates to the motoring public.”

27-67-229. True Grit Trail.

  1. The General Assembly finds that:
    1. True Grit, a novel written by native Arkansan Charles Portis, is considered by some critics to be one of the great American novels;
    2. The novel follows the story of a tenacious young girl as she travels in Arkansas from the Dardanelle area to Fort Smith where she hires a United States Marshal to help her avenge her father's death;
    3. The novel has been adapted into screenplays for two (2) popular movies of the same name; and
    4. The popularity of the tale and the attention it brings to the state make a compelling case for renaming the portion of Arkansas Highway 22 between Dardanelle and Fort Smith the “True Grit Trail”.
  2. The route along Arkansas Highway 22 between Dardanelle, Arkansas, and Fort Smith, Arkansas, is designated the “True Grit Trail”.
  3. The Arkansas Department of Transportation shall erect appropriate signs along Arkansas Highway 22 between Dardanelle, Arkansas, and Fort Smith, Arkansas, designating the route as the “True Grit Trail”.
  4. If the Arkansas Department of Transportation does not have the funds available to erect the signs required under subsection (c) of this section, the Arkansas Department of Transportation may accept and use gifts, grants, and donations received from private, public, and nonprofit sources, including without limitation a city street department or a county road department for:
    1. Acquiring and installing the signs required under subsection (c) of this section; and
    2. Maintaining, replacing, or reconstructing the signs required under subsection (c) of this section.

History. Acts 2019, No. 469, § 1.

Subchapter 3 — Acquisition, Condemnation, and Disposition of Property

Cross References. Relocation assistance and payments to persons displaced due to project financed with federal funds, § 22-9-701 et seq.

Title to highways not acquired by adverse possession, § 22-1-201.

Preambles. Acts 1929, No. 205 contained a preamble which read:

“Whereas, in many cases land owners are asking for lands required for right-of-ways for state highways, a price far in excess of the value of the lands; and

“Whereas, in a few cases the county courts have refused to procure needed right-of-way … .”

Acts 1953, No. 419 contained a preamble which read:

“Whereas, the acquisition of lands and property for State Highway purposes is an important part of the establishment of a State system of highways; and

“Whereas, the pressing need to modernize and improve the existing network of State highways makes necessary the enactment of a simple, direct and more efficient method of acquiring property for such purpose;

“Now, therefore … .”

Effective Dates. Acts 1928 (1st Ex. Sess.), No. 2, § 8: approved Oct. 3, 1928. Emergency clause provided: “It is ascertained and declared that the construction of the state highways, and the due administration of the state highway department, is being injuriously affected by frivolous and groundless suits, and that the immediate operation of this act is essential for the protection of the State. An emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”

Acts 1929, No. 205, § 4: approved Mar. 27, 1929. Emergency clause provided: “It is hereby ascertained and declared that the inability to secure right-of-ways for state highways and excessive cost thereof is delaying the completion of our state highway system; that the improving of our state highway system is necessary for the safety of the traveling public, so that the immediate operation of this act is essential for the protection of the public safety and an emergency is therefore declared and this act shall take effect and be in force from and after its passage.”

Acts 1933, No. 124, § 3: Mar. 18, 1933. Emergency clause provided: “Such lands now owned by the Highway Department of the State of Arkansas, for its use and benefit being an unnecessary expense, and the State Highway funds being so depleted as to make it necessary to turn such assets into cash for the benefit of the State's Highway Department, and same being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval.”

Acts 1955, No. 87, § 3: Feb. 21, 1955. Emergency clause provided: “It is hereby determined by the General Assembly that the present law relative to the acquiring of highway rights-of-way has worked an undue hardship upon the various counties of this State and that immediate action is necessary to correct such situation in order that the highway construction program of this state might be officially expanded. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1963, No. 99, § 2: Feb. 28, 1963. Emergency clause provided: “It is hereby found and declared by the General Assembly of the State of Arkansas that in a number of highway condemnation cases in the courts where the State deposits money as estimated just compensation for the landowners, and the court orders an additional deposit and permits the landowner to withdraw and use the additional deposit, the State Highway Department may suffer a loss of some of these funds in cases where the final award is less than the deposit of money in court, because of the possible inability of the landowner to repay the State the difference in such cases. Therefore an emergency is declared to exist and this act being necessary for the preservation of public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1979, No. 894, § 2: Apr. 16, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that statutory authorization for the entry on private property for the necessary purposes of precondemnation surveys and appraisals has been granted to numerous private corporations possessing the power of eminent domain, but that the Arkansas State Highway and Transportation Department does not have a specific statutory authorization for such a peaceable, good faith entry for such necessary surveys before the institution of any formal condemnation proceedings. This disparity in the law creates confusion and the resultant lack of uniformity creates a resultant inequity placed upon public condemnors. Therefore an emergency is hereby declared to exist, and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2007, No. 562, § 2: Mar. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that economic development, industrial growth and the continuation of rail service must be promoted in economically distressed areas of the state by establishing procedures pursuant to which the State Highway Commission can approve the transfer, by gift or contract, to a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district, or surplus rail and other track material purchased by the Arkansas State Parks, Recreation, and Travel Commission or the Department of Parks and Tourism or both partly through the use of federal Transportation Enhancement Funds granted by the State Highway Commission; and this act is necessary to accomplish these essential goals. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Condemnation of Leased Property in Arkansas, 14 Ark. L. Rev. 326.

Case Notes

Jurisdiction over Condemnation Proceedings.

Where the State Highway Commission satisfied the requirements of this subchapter and paid an estimated deposit under § 27-67-314 in connection with its taking of property, the circuit court had jurisdiction of the condemnation proceeding, and where no showing was made that fraud or collusion was involved, the judgment was not void. Ark. State Hwy. Comm'n v. Coffelt, 301 Ark. 112, 782 S.W.2d 45 (1990).

27-67-301. Authority to acquire property.

  1. The State Highway Commission is authorized to acquire real or personal property, or any interest therein, deemed to be necessary or desirable for state highway purposes, by gift, devise, purchase, exchange, condemnation, or otherwise.
  2. These lands or real property may be acquired in fee simple or in any lesser estate.

History. Acts 1953, No. 419, § 1; A.S.A. 1947, § 76-532.

Case Notes

Constitutionality.

Acts 1929, No. 65, § 65, was unconstitutional insofar as it permitted the State Highway Commission to enter into possession of private property without first compensating the owner for the damages sustained. Ark. State Hwy. Comm'n v. Partain, 192 Ark. 127, 90 S.W.2d 968 (1936) (decision under prior law).

Condemnation.

Where, for reasons satisfactory to a county court, the request of the State Highway Commission to provide suitable rights-of-way was refused, the commission could condemn the necessary right-of-way and pay therefor. England v. State Hwy. Comm'n, 177 Ark. 157, 6 S.W.2d 23 (1928) (decision under prior law).

Public agency's right of eminent domain is a constitutional privilege granted with limitations — first, there must be established the need for taking for public use or purpose; second, the condemnation must be according to law, which means that a lawsuit must be filed in circuit court and money tendered to compensate the landowner for the taking until the damages can be ascertained by a jury. Robinson v. Ark. State Game & Fish Comm'n, 263 Ark. 462, 565 S.W.2d 433 (1978).

Fee Simple Taking.

A fee simple taking under Acts 1935, No. 419 places the predominant control of lands within a right-of-way in the State Highway Commission; the utilization of the acquired property for highway purposes and for such purposes as are delegated to political subdivisions and utilities will, as a matter of law, take precedence over all other use. Arkansas State Hwy. Comm'n v. Wallace, 249 Ark. 303, 459 S.W.2d 812 (1970).

Injunctive Relief.

Where the landowners sat idly by for two and one-half years and watched construction of highway across their property without taking steps to protect their rights until contractors undertook the very last part of the construction necessary to complete the job, injunctive relief was barred. Ark. State Hwy. Comm'n v. Rice, 259 Ark. 190, 532 S.W.2d 727 (1976).

Jurisdiction.

In a condemnation case where the landowners from the outset resisted equity jurisdiction, the basis of which was the state's petition for specific performance, the chancery court could not, after denying specific performance, assume jurisdiction to condemn the property and award damages under the “clean up doctrine.” Ark. State Hwy. Comm'n v. Rice, 259 Ark. 190, 532 S.W.2d 727 (1976).

Public Use.

There is a long established presumption under § 27-66-401, governing establishment of private roads, that the road will be for public use; there is no similar precedent under this section when condemning for highway purposes. Dowling v. Erickson, 278 Ark. 142, 644 S.W.2d 264 (1983).

Cited: Ark. State Highway Comm'n v. Bingham, 231 Ark. 934, 333 S.W.2d 728 (1960).

27-67-302. State highway purposes.

State highway purposes shall include, but are not limited to, the following:

  1. For present and future rights-of-way, including those necessary for urban extensions of state highways within municipalities;
  2. For exchanging them for other property to be used for rights-of-way if the best interest of the state will be served and right-of-way costs reduced thereby;
  3. For rock quarries, gravel pits, sand or earth borrow pits, or related purposes, not being commercially operated;
  4. For offices, shops, storage yards, or other necessary or auxiliary facilities;
  5. For roadside areas or parks adjacent or adjoining or near any state highway;
  6. For the culture and support of trees and shrubbery which benefit any state highway by aiding in the maintenance and preservation of the roadbed or trees and shrubbery which aid in the maintenance and promote the attractiveness of the scenic beauty associated with any state highways;
  7. For drainage in connection with any state highway, or for cuts and fills, or channel changes or maintenance thereof;
  8. For the maintenance of an unobstructed view of any portion of a state highway so as to promote the safety of the traveling public;
  9. For the construction and maintenance of stock trails and cattle passes;
  10. For the elimination of public or private crossings or intersections at grade, or any state highway; and
  11. For the protection of the state highway system from both physical and functional encroachments of any kind.

History. Acts 1953, No. 419, § 1; A.S.A. 1947, § 76-532.

Case Notes

Access to Property.

A private landowner's access to property taken for highway purposes is subordinate not only to the use for public travel, but to the other public uses specifically mentioned in this section, such as roadside parks, support of trees and shrubs, and maintenance of an unobstructed view. Arkansas State Hwy. Comm'n v. Wallace, 247 Ark. 157, 444 S.W.2d 685 (1969).

Fee simple taking of right-of-way by State Highway Commission vested in the commission substantial control of coming and going of condemnee as to her remaining land on either side of highway so that instruction precluding consideration of such power of commission to restrict was erroneous. Arkansas State Hwy. Comm'n v. Wallace, 247 Ark. 157, 444 S.W.2d 685 (1969).

Burden of Proof.

The burden of proof is upon the State Highway Commission to prove that the exchange of condemned property for other property to be used for right-of-way would serve the best interest of the state and reduce right-of-way costs. Arkansas State Hwy. Comm'n v. Morgan's Estate, 243 Ark. 450, 420 S.W.2d 525 (1967).

Instructions.

In condemnation action, where State Highway and Transportation Department, through its counsel, stated that the department would build the highway in accordance with the plan and the judgment could specify that in case the plans were changed there would be ground for a new taking and compensation to the landowner, it was error for the court to give an instruction that the property was being taken for highway purposes and then to read all 11 purposes which are set out in this section. Arkansas State Hwy. Comm'n v. Lewis, 258 Ark. 836, 529 S.W.2d 142 (1975).

Measure of Damages.

In condemnation proceedings, cost of restoring remaining land most nearly to its original status is admissible not as a measure of damages, but as an aid in determining the difference in the before and after value of the property. Arkansas State Hwy. Comm'n v. Speck, 230 Ark. 712, 324 S.W.2d 796 (1959).

Landowner's attorney was not suggesting to the jury that they could, in effect, return a quotient verdict, but was merely pointing out the range the testimony took, where in his closing argument he stated that if one added the differences of the testimony of all the landowner's witnesses one would get an average difference of a certain sum of money, that if one added the difference between the testimony of all the witnesses one would get another average figure, and that if one added the average differences between the top witness for the landowner and the top witness for the state one would get a certain figure. Arkansas State Hwy. Comm'n v. Kennedy, 234 Ark. 89, 350 S.W.2d 526 (1961).

Trial court properly refused to strike all the testimony of realtor, otherwise properly qualified, though he testified on cross-examination that he had considered the amounts paid by the State Highway Commission for other condemned lands in the area in reaching his estimate of damages, since he did not testify as to any certain figures concerning the amounts. Arkansas State Hwy. Comm'n v. Kennedy, 234 Ark. 89, 350 S.W.2d 526 (1961).

Where the jury's determination of damages to be awarded in an eminent domain action was well within the range of testimony of witnesses well qualified to speak upon the value of the land affected by the State Highway Commission's acquisition of an easement across the land, the determination was sufficiently supported by substantial evidence. Arkansas State Hwy. Comm'n v. Kennedy, 234 Ark. 89, 350 S.W.2d 526 (1961).

The trial court correctly permitted the value witness to testify that he took into consideration that the fee simple taking of condemnees' lands was a factor which would reduce the market value of their lands because it would reasonably be expected to affect and impair the unrestricted right of the landowners' ingress and egress to their abutting residuals. Arkansas State Hwy. Comm'n v. Marshall, 253 Ark. 212, 485 S.W.2d 740 (1972).

In order for a landowner to show the value of his land in an eminent domain proceeding, it is competent for the landowner to show by a witness who is an engineer with special knowledge of the special advantages of the lands bearing upon its adaptability or availability for a particular purpose the facts that show the availability of the particular tract involved for that purpose as an element of value to one who might desire to acquire it for that purpose. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

In an eminent domain proceeding to determine a landowner's award, a landowner is entitled to show every advantage that this property possesses, present and prospective, to have his witnesses state any and every fact concerning the property which he would naturally adduce in order to place it in an advantageous light if he were selling it to a private individual, and to show the availability of this property for any and all purposes for which it is plainly adapted or for which it is likely to have value and induce purchases. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

Public Use.

In a condemnation proceeding where the State Highway Commission sought to condemn a strip of land in a city lot for the asserted purpose of restoring public access to an adjacent parcel of land that was landlocked as a result of the recent construction of a highway, but where the commission's own witness testified that the purpose was to provide adjacent landowner with private driveway to reduce damages to his property, the taking of the private property was not for a “public use” and thus was not a proper exercise of the power of eminent domain. Arkansas State Hwy. Comm'n v. Alcott, 260 Ark. 225, 539 S.W.2d 432 (1976).

Cited: Ark. State Highway Comm'n v. Bingham, 231 Ark. 934, 333 S.W.2d 728 (1960).

27-67-303. Entry for suitability studies.

  1. The Arkansas Department of Transportation and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the entry is:
    1. Preceded by reasonable efforts to notify the owner, and any other person known to be in actual physical occupancy of the property, of the time, purpose, and scope of the planned entry and activities;
    2. Undertaken during reasonable daylight hours;
    3. Accomplished peaceably and without inflicting substantial injury; and
    4. Not in violation of any other statute.
  2. The entry and activities authorized by this section do not constitute a trespass in the absence of unnecessary damage occurring in effecting the survey or examination.

History. Acts 1979, No. 894, § 1; A.S.A. 1947, § 76-532.1; Acts 2017, No. 707, § 398.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Case Notes

Jurisdiction.

Where the Game and Fish Commission was proposing to create a lake, a chancery court had no jurisdiction to issue order permitting employees of the commission to enter on landowners' property for the purpose of making surveys and appraisals in connection with the lake project, since the action of the employees in going on the property to make such surveys and appraisals was a use of land inconsistent with the landowners' right to control and enjoy their property in fee simple absolute and was therefore a taking of a landowner's interest which taking must be in accordance with the law that insures that one's right of property is preserved, i.e., Ark. Const. Amend. 35, § 8 and § 27-67-301 et seq. Robinson v. Ark. State Game & Fish Comm'n, 263 Ark. 462, 565 S.W.2d 433 (1978) (decision under prior law).

Right of Entry.

The entry upon another's land has been held not to be a right to be assumed by anyone — private citizen or public agency. Robinson v. Ark. State Game & Fish Comm'n, 263 Ark. 462, 565 S.W.2d 433 (1978) (decision under prior law).

Where the Game and Fish Commission was proposing to create a lake and desired to have its agents and employees go on private land for the purpose of making and conducting surveys and appraisals in connection with the project, since some landowners objected to the entering of their land by such agents and employees, the commission was required to proceed in circuit court in accordance with § 27-67-301 et seq. and obtain an easement for the purpose of conducting and making such surveys and appraisals and any incidental and necessary use of land that goes along with the conducting of such surveys, the description of land necessary to obtain such easement would have to be no more than a general description of land, and the amount of money that would have to be tendered in such a case would nearly always be a minimal amount. Robinson v. Ark. State Game & Fish Comm'n, 263 Ark. 462, 565 S.W.2d 433 (1978) (decision under prior law).

27-67-304. Use of right-of-way.

  1. The rights-of-way provided for all state highways shall be held inviolate for state highway purposes, except as provided in subsections (b) and (c) of this section. No physical or functional encroachments, installations, signs other than traffic signs or signals, posters, billboards, roadside stands, gasoline pumps, or other structures or uses shall be permitted within the right-of-way limits of state highways.
  2. Political subdivisions, rural electric cooperatives, rural telephone cooperatives, private television cables, and public utilities of the state may use any right-of-way or land, property, or interest therein, the property of the State Highway Commission, for the purpose of laying or erecting pipelines, sewers, wires, poles, ditches, railways, or any other purpose, under existing agreements or permits or such agreements or permits hereinafter made by the commission or under existing laws, provided that such use does not interfere with the public use of the property for highway purposes.
  3. No private television cable shall be placed upon the right-of-way limit of any state highway until such person, firm, association, partnership, or corporation first executes a bond payable to the commission in an amount to be determined by the district engineer located in the district in which such cable is to be located.

History. Acts 1953, No. 419, § 5; 1975, No. 654, § 1; A.S.A. 1947, § 76-544.

Case Notes

Applicability.

The right to use the highway rights-of-way reserved by this section applies to controlled-access highways. Arkansas State Hwy. Comm'n v. Arkansas Real Estate Co., 243 Ark. 738, 421 S.W.2d 882 (1967).

Access by Landowners.

Where the State Highway Commission acquires fee simple title to lands, it is held inviolate for state highway purposes, and a private adjoining landowner's access is subordinate to any authorized uses and the value affected accordingly. Arkansas State Hwy. Comm'n v. Wallace, 247 Ark. 157, 444 S.W.2d 685 (1969).

Encroachments.

State Highway Commission was entitled to have concrete island, gasoline pumps, steel posts, and other service station fixtures removed where they encroached on right-of-way. Arkansas State Hwy. Comm'n v. Staples, 239 Ark. 290, 389 S.W.2d 432 (1965).

There is no such thing as an authorized, reasonable, and necessary encroachment on a highway right-of-way; the General Assembly drew no distinction in subsection (a) between degrees or types of encroachments; nor did it differentiate between a right-of-way granted by easement or one held in fee simple; rights-of-way in general are inviolate and to be free from physical encroachments of any kind. Arkansas State Hwy. Comm'n v. Townsend, 313 Ark. 702, 858 S.W.2d 66 (1993).

Acquiescence by the State Highway Commission in allowing encroaching structures to remain on the right-of-way for a considerable period of time was not a persuasive reason to allow the encroachments to continue; the commission employees had no authority to engage in conduct to countermand a statutory directive and commit the state to encroachments in the right-of-way. Arkansas State Hwy. Comm'n v. Townsend, 313 Ark. 702, 858 S.W.2d 66 (1993).

Instructions.

It was permissible for court to give an instruction in the pertinent language of this section that forbids encroachments upon public highways, there being no unfairness in cautioning jury that owner could not alleviate hardship by encroaching upon public right-of-way in condemnation proceedings. Arkansas State Hwy. Comm'n v. Wilmans, 239 Ark. 281, 388 S.W.2d 916 (1965).

Fee simple taking of right-of-way by State Highway Commission vested in the commission substantial control of coming and going of condemnee as to her remaining land on either side of highway, so that instruction precluding consideration of this power of commission to restrict was erroneous. Arkansas State Hwy. Comm'n v. Wallace, 247 Ark. 157, 444 S.W.2d 685 (1969).

Jurisdiction.

The adequacy of a legal remedy under this section did not render the chancery court wholly without jurisdiction. Townsend v. Arkansas State Hwy. Comm'n, 326 Ark. 731, 933 S.W.2d 389 (1996).

Private Signs.

The fact that a county highway superintendent gave the owner of a filling station abutting on a county highway permission to maintain a sign on the right-of-way of the highway did not give the owner the right to continue the encroachment after the highway was taken over by the state and became a state highway. Buffalo v. Arkansas State Hwy. Comm'n, 248 Ark. 406, 451 S.W.2d 737, 1970 Ark. LEXIS 1230 (1970).

Cited: Arkansas State Hwy. Comm'n v. Frierson, 269 Ark. 81, 598 S.W.2d 420 (1980).

27-67-305. Commission discretion as to quantity of property acquired.

In connection with the acquisition of lands, property, or interests therein for state highway purposes, the State Highway Commission, in its discretion, may acquire an entire lot, block, or tract of land or property, if by so doing the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for state highway purposes.

History. Acts 1953, No. 419, § 4; A.S.A. 1947, § 76-543.

27-67-306. Leases.

  1. The State Highway Commission, as lessor, may execute lease or rental agreements covering real property, and any interest in that property, including without limitation the right-of-way of any state highway, owned or held by the commission, the use of which for highway purposes is not immediately contemplated, for periods not to exceed five (5) years, upon reasonable terms and conditions.
  2. Any building or other erection remaining on the real property at the expiration of the agreement shall be subject to removal upon thirty (30) days' notice at no expense to the state.

History. Acts 1953, No. 419, § 8; A.S.A. 1947, § 76-547; Acts 2017, No. 964, § 1.

Amendments. The 2017 amendment in (a), substituted “may execute” for “is authorized and empowered to execute”, inserted “and any interest in that property, including without limitation the right-of-way of any state highway”, and substituted “five (5) years” for “one (1) year”; and, in (b), substituted “on the real property” for “thereon” and substituted “thirty (30)” for “ten (10)”.

27-67-307. Temporary easements.

  1. Temporary easements for temporary uses by the State Highway Commission in connection with the establishment and construction of state highways may be acquired or condemned in the same manner as fee simple estates.
  2. After a temporary easement has served its intended purpose, the commission shall execute a release which shall be recorded in the recorder's office of the county wherein the affected lands or property are situated.

History. Acts 1953, No. 419, § 6; A.S.A. 1947, § 76-545.

Research References

U. Ark. Little Rock L.J.

Owen, Survey of Arkansas Law: Property, 2 U. Ark. Little Rock L.J. 275.

Case Notes

Game and Fish Commission.

The Game and Fish Commission, which has the same authority as the State Highway Commission, may obtain a temporary easement pursuant to this section. Robinson v. Ark. State Game & Fish Comm'n, 263 Ark. 462, 565 S.W.2d 433 (1978).

Where the Game and Fish Commission was proposing to create a lake and desired to have its agents and employees go on private land for the purpose of making and conducting surveys and appraisals in connection with the project, since some landowners objected to the entering of their land by such agents and employees, the commission was required to proceed in circuit court in accordance with § 27-67-301 et seq. and obtain an easement for the purpose of conducting and making such surveys and appraisals and any incidental and necessary use of land that goes along with conducting such surveys, the description of land necessary to obtain such easement would have to be no more than a general description of land, and the amount of money that would have to be tendered in such a case would nearly always be a minimal amount. Robinson v. Ark. State Game & Fish Comm'n, 263 Ark. 462, 565 S.W.2d 433 (1978).

27-67-308. Authority to compensate — Source of revenue.

  1. The State Highway Commission is authorized to make payment for any land or other real property acquired under the provisions of this act out of any appropriation made for state highway construction.
  2. With respect to the costs of acquiring lands and real property for state highway purposes, the commission shall assess counties in which the land or property is located no part of the cost with respect to highways in the primary system and fifty percent (50%) of the cost with respect to highways in the secondary system. The county portion shall be deducted from the next payment due any county by reason of any appropriation out of the State Highway and Transportation Department Fund or state revenue from gasoline as motor vehicle fuel or automobile license tax to the county or county highway fund of the county.
  3. The cost of removing man-made obstructions from the right-of-way shall be borne by the state, except that any such obstructions which shall have been erected upon a dedicated or condemned highway right-of-way after it shall have been so dedicated or condemned shall be removed by the owner or at the owner's expense.

History. Acts 1953, No. 419, § 7; 1955, No. 87, § 1; A.S.A. 1947, § 76-546.

Meaning of “this act”. Acts 1953, No. 419 codified as §§ 27-67-301, 27-67-302, 27-67-30427-67-308, 27-67-310, 27-67-311, 27-67-316, 27-67-322.

27-67-309. Venue for condemnation actions.

Actions by the commission to condemn a right-of-way shall be brought in the county where the land is situated.

History. Acts 1928 (Ex. Sess.), No. 2, § 6; Pope's Dig., § 6520; A.S.A. 1947, § 76-237.

27-67-310. Precedence of condemnation proceedings.

Court proceedings necessary to acquire land, property, or property rights for state highway purposes shall take precedence over all other causes not involving the public interest, to the end that an improved system of state highways is expedited.

History. Acts 1953, No. 419, § 3; A.S.A. 1947, § 76-542.

Cross References. Priority of cases, § 27-64-104.

Case Notes

Cited: Ark. State Highway Comm'n v. Bingham, 231 Ark. 934, 333 S.W.2d 728 (1960).

27-67-311. Condemnation petition — Notice.

  1. The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.
  2. If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.
    1. If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes.
    2. If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.
  3. The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.
  4. Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312, at any time before judgment or together with the condemnation petition.

History. Acts 1953, No. 419, § 2; A.S.A. 1947, § 76-533; Acts 2017, No. 707, § 399.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (e).

Case Notes

Owners.

Where the State Highway Commission admitted appropriating land under eminent domain procedure and admitted damages, and the real owner of the land could not be held responsible for failure of commission to name the correct owner of the title, the failure of real owner to intervene until seven days after an erroneously named owner received the money did not disentitle him to protection of the Arkansas Constitution for the value of the land, having been guilty of no laches, negligence, or delay. Ark. Real Estate Co. v. Ark. State Hwy. Comm'n, 237 Ark. 1, 371 S.W.2d 1 (1963).

Remaindermen.

A condemnation judgment taken without notice to remaindermen of the land condemned was void as to the remaindermen. Ark. State Hwy. Comm'n v. Roberts, 428 Ark. 1005, 455 S.W.2d 125 (1970).

27-67-312. Declaration of taking.

  1. In any proceeding instituted by and in the name of the State of Arkansas, involving the acquisition of any real property or any interest therein or any easements for public highway purposes, the petitioner may file a declaration of taking at any time before judgment signed by the Director of State Highways and Transportation, or with the condemnation petition, declaring that the real property or any interest therein or any easement is thereby taken for the use of the State of Arkansas.
  2. The declaration of taking shall contain or have annexed thereto the following:
    1. A statement of the authority under which the property or any interest therein or any easement is taken;
    2. A statement of the public use for which such property or any interest therein or any easement is taken;
    3. A description of the property taken or any interest therein or an easement, sufficient for the identification thereof;
    4. A plat showing the property taken or any interest therein or any easement; and
    5. A statement of the amount of money estimated by the acquiring agency to be just compensation for the property taken, or any interest therein or any easement.

History. Acts 1953, No. 115, §§ 1, 2; A.S.A. 1947, §§ 76-534, 76-535.

Case Notes

Statement of Just Compensation.

A statement of just compensation as required by this section is not a negotiation or settlement figure excluded by Evid. Rule 408. Ark. State Highway Comm'n v. Johnson, 300 Ark. 454, 780 S.W.2d 326 (1989).

Cited: Arkansas State Hwy. Comm'n v. Blakley, 231 Ark. 273, 329 S.W.2d 158 (1959); Rowley v. Arkansas State Hwy. Comm'n, 242 Ark. 419, 413 S.W.2d 876 (1967); Arkansas State Hwy. Comm'n v. Taylor, 269 Ark. 458, 602 S.W.2d 657 (1980).

27-67-313. Motion to strike declaration of taking.

  1. In any case in which a declaration of taking has been filed as provided in § 27-67-312, any defendant desiring to raise any question with respect to the validity of the taking shall do so by filing a motion to strike the declaration of taking and dismiss the suit.
  2. The motion shall be made on or before the return day mentioned in the summons or notice of publication, or within twenty (20) days after the filing of the declaration of taking, whichever is later.
  3. Failure to file such motion within the time herein provided shall constitute a waiver of the right of any defendant to challenge the validity of the taking.

History. Acts 1953, No. 115, § 7; A.S.A. 1947, § 76-540.

27-67-314. Right of entry.

  1. Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court.
  2. If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy.
  3. The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable.
  4. The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§ 27-67-312 — 27-67-315, 27-67-316(a)-(e), and 27-67-317 — 27-67-319 shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority.

History. Acts 1953, No. 115, § 5; A.S.A. 1947, § 76-538.

Case Notes

Bond as Condition.

It is not error to require State Highway Commission to make a bond as a condition of an order restraining interference with road work on the land of a property owner. Arkansas State Hwy. Comm'n v. Marlar, 236 Ark. 385, 366 S.W.2d 191 (1963).

Interest.

The trial court's award of an 11.77% interest rate on the amount of the condemnation award in excess of the original deposit into escrow was fully supported by the evidence where the average of rates paid on certificates of deposit at a local financial institution was 11.77%. Ark. State Hwy. Comm'n v. Security Sav. Ass'n, 19 Ark. App. 133, 718 S.W.2d 456 (1986).

Withdrawals of Deposits.

Under § 27-67-317, the court may not only permit withdrawals of deposits under this section and § 27-67-315, but also withdrawal of the additional deposit permitted under § 27-67-318. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 808, 363 S.W.2d 134, 1962 Ark. LEXIS 670 (1962).

Cited: Arkansas State Hwy. Comm'n v. Muswick Cigar & Beverage Co., 231 Ark. 265, 329 S.W.2d 173 (1959); Rowley v. Arkansas State Hwy. Comm'n, 242 Ark. 419, 413 S.W.2d 876 (1967); Arkansas State Hwy. Comm'n v. Taylor, 269 Ark. 458, 602 S.W.2d 657 (1980); Ark. State Hwy. Comm'n v. Coffelt, 301 Ark. 112, 782 S.W.2d 45 (1990).

27-67-315. Title vests upon deposit.

Immediately upon the making of the deposit provided for in § 27-67-314, title to the lands in fee simple, or a conditional fee if mineral rights are sought to be preserved to the property owner, or a lesser estate or interest therein as is specified in the declaration, shall vest in the persons entitled thereto.

History. Acts 1953, No. 115, § 3; A.S.A. 1947, § 76-536.

Case Notes

Amendment of Complaint.

After filing its declaration of taking and its deposit, title to the land concerned vests in the State Highway Commission, and it cannot thereafter amend its complaint to reduce the amount of land so taken. Rowley v. Arkansas State Hwy. Comm'n, 242 Ark. 419, 413 S.W.2d 876 (1967).

Offset Against Damages.

Once title of a taking has vested in condemnor, he cannot then offset benefits created by a second taking against damages deposited in the prior taking. Ark. State Hwy. Comm'n v. Choate, 256 Ark. 45, 505 S.W.2d 731 (1974).

Withdrawals of Deposits.

Under § 27-67-317, the court may not only permit withdrawals of deposits under this section and § 27-67-314, but also withdrawal of the additional deposit permitted under § 27-67-318. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 808, 363 S.W.2d 134, 1962 Ark. LEXIS 670 (1962).

Cited: Ark. State Hwy. Comm'n v. Security Sav. Ass'n, 19 Ark. App. 133, 718 S.W.2d 456 (1986); City of Bryant v. Springhill Water & Sewer Servs., Inc., 295 Ark. 336A, 750 S.W.2d 61 (1988); City of Siloam Springs v. La-De, LLC, 2015 Ark. 433, 474 S.W.3d 869 (2015).

27-67-316. Condemnation proceedings and judgment.

  1. It shall be the duty of the circuit court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation the Arkansas Department of Transportation shall pay.
  2. The matter shall proceed and be determined as in other civil cases.
  3. In all cases of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interest for all purposes.
  4. Compensation shall be ascertained and awarded in the proceeding and established by judgment therein.
    1. Judgment shall include, as a part of the just compensation awarded, interest at the rate of six percent (6%) per annum on the amount finally awarded as the value of the property, from the date of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court.
    2. No sum so paid into court shall be charged with commission or poundage.
  5. All courts and juries in cases of condemnation of lands for rights-of-way for state highways shall take into consideration the fact that lands are required to be assessed at fifty percent (50%) of their true value and shall also take into consideration the fact that owners of automobiles and trucks living miles off a state highway pay the same gasoline and auto license tax as those being fortunate enough to own land adjoining a state highway. Any court or jury considering claims for right-of-way damages shall deduct from the value of any land taken for a right-of-way the benefits of the state highway to the remaining lands of the owner.
  6. All suits involving the validity of subsection (f) of this section, or any portion thereof, shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

History. Acts 1929, No. 205, §§ 1, 3; Pope's Dig., §§ 6962, 6964; Acts 1953, No. 115, § 3; 1953, No. 419, § 2; A.S.A. 1947, §§ 76-512, 76-521, 76-533, 76-536; Acts 2017, No. 707, § 400.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a); and made a stylistic change.

Research References

Ark. L. Notes.

Brill, A Primer on Judgment and Pre-Judgment Interest in Arkansas, 1989 Ark. L. Notes 1.

Ark. L. Rev.

Note, Compound Pre-Judgment Interest as an Element of Just Compensation: Wilson v. City of Fayetteville, 47 Ark. L. Rev. 937.

Case Notes

Construction.

With regard to awards made in condemnation proceedings by the State Highway Commission, this section is the more specific provision and controls over § 16-65-114. Arkansas State Hwy. Comm'n v. Scott, 264 Ark. 397, 571 S.W.2d 607 (1978).

Damages.

The measure of damages for the taking of private property for highway purposes is the difference in the fair market value of the lands immediately before the taking and immediately after, less any enhancement in value resulting from the taking; in arriving at “before and after” value of the lands, a jury may consider every element that can fairly enter into the question of market value that a businessman of ordinary prudence would consider before purchasing the property. Barnes v. Ark. State Hwy. Comm'n, 10 Ark. App. 375, 664 S.W.2d 884 (1984).

In an eminent domain action, where the State Highway Commission deposited $35,350 and the property owner argued that the jury's verdict of $36,000 should be awarded in addition to the deposit money, the question was not one of statutory construction but rather how to construe the jury's verdict, i.e., whether the verdict was intended to be the total compensation or a sum in addition to the amount the Commission had already deposited as the estimated just compensation. KW-DW Props., LLC v. Ark. State Hwy. Comm'n, 2019 Ark. 95, 571 S.W.3d 6 (2019).

Jury's verdict that the State Highway Commission owed a property owner for just compensation in an eminent domain action had to be interpreted to be the entire compensation because the jury instructions clearly stated the amount awarded had to be for damages to the “whole” property after the taking; the property owner did not request special interrogatories and the time to correct any misunderstanding was before the jury was discharged. KW-DW Props., LLC v. Ark. State Hwy. Comm'n, 2019 Ark. 95, 571 S.W.3d 6 (2019).

Substantial evidence supported the jury's $36,000 verdict in an eminent domain case because the amount was within the range of the testimony offered by the property owner's own expert, who testified that comparable acreage had sold from $9,510 per acre to $28,754 per acre, and the jury was entitled to accept or discount the property owner's contention that the remaining land was damaged. KW-DW Props., LLC v. Ark. State Hwy. Comm'n, 2019 Ark. 95, 571 S.W.3d 6 (2019).

—Enhancement of Value.

That value of remaining portions of lots was enhanced by fact that road had been widened and that owners had been freed and relieved from dust incident to traffic over old gravel road could be considered on issue of damages, though enjoyed by all others having property adjacent to the new road. Bridgman v. Baxter County, 202 Ark. 15, 148 S.W.2d 673 (1941).

In action by property holders against the county to recover damages to their land when county condemned part of their land for purpose of building a paved highway, evidence that their land increased in value as a result of paved highway sustained verdict for county, though other property owners whose land had not been condemned also profited. Ball v. Independence County, 214 Ark. 694, 217 S.W.2d 913 (1949).

Under this section, a landowner is not entitled to recover anything for the taking of a part of his property to improve a road where the remainder of land left to him is enhanced in value in an amount equal to or greater than the value of that part taken. Martin v. Newton County, 239 Ark. 769, 394 S.W.2d 133 (1965).

Evidence.

Admission of photographs taken of property in question in eminent domain proceedings before and after construction by the state was not an abuse of the trial court judge's discretion. Arkansas State Hwy. Comm'n v. Webster, 236 Ark. 491, 367 S.W.2d 233 (1963).

In an eminent domain case, a property owner was entitled to a new trial on the issue of just compensation because the jury's verdict showed that the jury relied on the testimony of an appraiser for the Arkansas State Highway Commission and such testimony was contrary to the physical facts and presented a valuation based on a faulty assumption. The appraiser assumed that the entire tract could be fully accessed from the south, which it could not, and based on such faulty assumption, he reached the conclusion that the tract had not diminished in value by the loss of access to the north. Ark. State Highway Comm'n v. Wood, 102 Ark. App. 348, 285 S.W.3d 256 (2008).

—Expert Witnesses.

Real estate dealers who testified as experts for condemnee and who stated that they were familiar with land values in the vicinity were not required to state facts and reasons forming basis for their opinions as to fair market value of condemnee's property before and after condemnation. Arkansas State Hwy. Comm'n v. Johns, 236 Ark. 585, 367 S.W.2d 436 (1963).

Value testimony of landowner's expert witness was deficient and lacked reasonable basis where witness testified on cross-examination that he established the “before” value by the use of comparable sales, but was unable to give the size or dimensions of the property involved in the sales and, furthermore, failed at any time to demonstrate a sufficient knowledge of any sales of lands for residential purposes in the area, the witness having classified the condemned land as being residential as to its highest and best use. Arkansas State Hwy. Comm'n v. Bowman, 253 Ark. 890, 490 S.W.2d 112 (1973).

It is not always necessary that the opinion of a qualified expert on real estate valuation be supported by comparable sales to be admissible or to constitute substantial evidence, at least where comparable sales are not to be found. Arkansas State Hwy. Comm'n v. Steen, 253 Ark. 908, 489 S.W.2d 781 (1973).

Jury consideration of a naked opinion of value of an expert witness that is not based upon a recognized scientific method of appraisal should be approached with caution and permitted only in unusual cases. Arkansas State Hwy. Comm'n v. Steen, 253 Ark. 908, 489 S.W.2d 781 (1973).

Where the expert for a landowner in an eminent domain proceeding mentioned prospects only and never indicated that there had been an offer to purchase by any of them or the terms of any offer, the expert was not violating the pretrial order of the court against presenting evidence as to offers for the purchase of the property because he was not talking about offers to buy. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

In order for a landowner to show the value of his land in an eminent domain proceeding, it is competent for the landowner to show by a witness who is an engineer with special knowledge of the special advantages of the lands bearing upon its adaptability or availability for a particular purpose the facts that show the availability of the particular tract involved for that purpose as an element of value to one who might desire to acquire it for that purpose. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

Where the consulting engineer to the industrial park from which a right-of-way for a freeway was taken testified that he told the developers not to locate a sewerage treatment plant on the valuable industrial land, the engineer never expressed an opinion as to the monetary value of the industrial land, and therefore, his testimony was not improper since the trial court found that his expert testimony would assist the jury in understanding the other evidence. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

—Hearsay.

In a condemnation proceeding, expert or lay testimony is competent even though it is based, wholly or partly, upon mere hearsay. Arkansas State Hwy. Comm'n v. Russell, 240 Ark. 21, 398 S.W.2d 201 (1966).

In a condemnation proceeding, on direct examination, a witness should not be allowed to repeat hearsay statements made by others or to testify about mere offers or other matters inadmissible under the rules of evidence; however, if cross examination demonstrates that the witness has no reasonable basis whatever for his opinion, then his testimony should be stricken. Arkansas State Hwy. Comm'n v. Russell, 240 Ark. 21, 398 S.W.2d 201 (1966).

—Value of Property.

In proceedings for assessment of damages for lands taken for right-of-way, ruling on cross-examination of landowner excluding his testimony as to assessed valuation of his land was not prejudicial where witness did not know such valuation and no objection was made or exception preserved. Montgomery County v. Cearley, 192 Ark. 868, 95 S.W.2d 554 (1936).

This section is not controlling; rather, value of land is ascertained from all the evidence introduced. Washington County v. Day, 196 Ark. 147, 116 S.W.2d 1051 (1938).

Refusal of trial court to permit property owner to be cross-examined as to assessed valuation of property could not be complained of by county where tax assessor subsequently testified that the assessed valuation of property in the county had practically no relation to the actual value of the property assessed, there was no attempt to recall the property owner for further cross-examination after the testimony of the tax assessor, and there was no showing that the owner personally knew the assessed valuation of his property. Union County v. Richardson, 225 Ark. 997, 287 S.W.2d 1 (1956).

The assessed valuation of land is not a controlling factor in arriving at the value of condemned property, although it is a factor to be considered. Union County v. Richardson, 225 Ark. 997, 287 S.W.2d 1 (1956).

Evidence of assessed valuation of land is properly admissible in condemnation cases and while such valuation is not controlling, the jury has the right to consider such assessed valuation along with all the other evidence in determining the value of the lands taken. Omohundro v. Saline County, 226 Ark. 253, 289 S.W.2d 185 (1956).

Evidence of assessed valuation of land may properly be considered in determining the actual value of land in condemnation case. Arkansas State Hwy. Comm'n v. Snowden, 233 Ark. 565, 345 S.W.2d 917 (1961).

A landowner's testimony as to what the property is worth to him is not substantial evidence, and condemnee's explanation of the value he ascribed to the property is not a fair and reasonable basis for such valuation where he testifies that his estimate is not based on anything and represents what the property is worth to him. Arkansas State Hwy. Comm'n v. Bowman, 253 Ark. 890, 490 S.W.2d 112 (1973).

In an eminent domain proceeding to determine a landowner's award, a landowner is entitled to show every advantage that his property possesses, present and prospective, to have his witnesses state any and every fact concerning the property which he would naturally adduce in order to place it in an advantageous light if he were selling it to a private individual and to show the availability of this property for any and all purposes for which it is plainly adapted or for which it is likely to have value and induce purchases. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

In an eminent domain proceeding where opinion testimony as to real estate values is based only on comparable sales, it should be stricken for want of a reasonable basis when it is shown that no sale considered by the witness was of land comparable to that involved in the trial; however, the mere fact that a witness considers a sale that is not comparable, along with others, in arriving at his opinion as to value, is not a basis for excluding his testimony. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

Injunctive Relief.

Where landowners sat idly by for two and one-half years and watched construction of highway across their property without taking steps to protect their rights until contractors undertook the very last part of the construction necessary to complete the job, injunctive relief was barred. Ark. State Hwy. Comm'n v. Rice, 259 Ark. 190, 532 S.W.2d 727 (1976).

Instructions.

Instructions that the measure of damages would be the difference between the fair market value of the entire tract of land before the taking and the fair market value of the remaining land after the taking for highway purposes are proper by a trial court judge. Arkansas State Hwy. Comm'n v. Webster, 236 Ark. 491, 367 S.W.2d 233 (1963).

Interest.

Interest on the amount of compensation awarded in excess of the amount deposited shall run from the date of surrender of possession by the landowner. Arkansas State Hwy. Comm'n v. Muswick Cigar & Beverage Co., 231 Ark. 265, 329 S.W.2d 173 (1959); Foster v. Arkansas State Hwy. Comm'n, 263 Ark. 62, 562 S.W.2d 298 (1978).

In a condemnation proceeding in which the State Highway Commission was compelled to deposit in court a great deal more money than the jury later found the land to have been worth, giving the landowners the use of the excessive deposit for more than two years, it was held that, since the landowners had obtained the excessive deposit through their own efforts, they would be liable for interest at the rate of six percent per annum. Ark. State Hwy. Comm'n v. Rich, 235 Ark. 858, 362 S.W.2d 429 (1962).

Junkyard owner who sought damages for the relocation of his junkyard was not entitled to interest on the compensation award where, as of the trial date, he had not completed relocating or removing the debris and old automobiles from the yard and thus had not surrendered possession. Foster v. Arkansas State Hwy. Comm'n, 263 Ark. 62, 562 S.W.2d 298 (1978).

As a matter of just compensation and due process, a landowner cannot be denied interest on the unpaid part of an award during the time he is deprived both of the use of the land and of the money representing its value; he is entitled to such an addition as will produce the full equivalent of the value as if paid contemporaneously with the taking; interest “at a proper rate” is a good measure by which to ascertain the amount to be added; where a constitutional right is involved, the interest rate to be allowed may exceed that specified by statute. Arkansas State Hwy. Comm'n v. Vick, 284 Ark. 372, 682 S.W.2d 731 (1985).

For case discussing issue of whether just compensation under the Arkansas Constitution includes compound interest in land condemnation cases, see Wilson v. City of Fayetteville, 310 Ark. 154, 835 S.W.2d 837 (1992).

Jurisdiction.

In a condemnation case, where the landowners from the outset resisted equity jurisdiction, the basis of which was the state's petition for specific performance, the chancery court could not, after denying specific performance, assume jurisdiction to condemn the property and award damages under the “clean up doctrine.” Ark. State Hwy. Comm'n v. Rice, 259 Ark. 190, 532 S.W.2d 727 (1976).

Jury Questions.

Conflicting opinions of witnesses who testify as to values, damages, and benefits are for jury to reconcile. Bridgman v. Baxter County, 202 Ark. 15, 148 S.W.2d 673 (1941).

Cited: Ark. State Hwy. Comm'n v. Security Sav. Ass'n, 19 Ark. App. 133, 718 S.W.2d 456 (1986); Wilson v. City of Fayetteville, 310 Ark. 154, 835 S.W.2d 837 (1992); Arkansas State Hwy. Comm'n v. Lee Wilson & Co., 43 Ark. App. 22, 858 S.W.2d 137 (1993).

27-67-317. Payment of award.

  1. Upon the application of any party in interest and upon due notice to all parties, the court may order that the money deposited in the court, or any part thereof, be paid immediately to the person or persons entitled thereto.
  2. If the compensation finally awarded exceeds the amount of money deposited by twenty percent (20%) or more, the court shall enter judgment against the State of Arkansas and in favor of the party entitled thereto for the amount of the deficiency and shall award the party entitled to judgment its costs, expenses, and reasonable attorney's fees incurred in preparing and conducting the final hearing and adjudication, including without limitation the cost of appraisals and fees for experts.
  3. If the compensation finally awarded is less than the amount of money deposited and paid to the persons entitled thereto, the court shall enter judgment in favor of the State of Arkansas and against the proper parties for the amount of the excess.

History. Acts 1953, No. 115, § 4; A.S.A. 1947, § 76-537; Acts 2013, No. 502, § 2; 2015, No. 1101, § 2.

A.C.R.C. Notes. Acts 2013, No. 502, § 1, provided: “Legislative intent.

“(a) It is the intent of the General Assembly to protect the property rights of the people of the State of Arkansas in eminent domain proceedings initiated by the State Highway Commission because, as stated in Article 2, § 22 of the Arkansas Constitution, the right of property in Arkansas is before and higher than any constitutional sanction and should not be taken without just compensation.

“(b) The General Assembly believes when the Arkansas State Highway and Transportation Department fails to offer the fair market value for condemned property that costs, expenses, and reasonable attorney's fees should be awarded to the land owner to justly compensate the people of the State of Arkansas.”

Amendments. The 2013 amendment, in (b), inserted “by ten percent (10%) or more” and “and shall award the party … cost of appraisals and fees for experts” and made stylistic changes.

The 2015 amendment substituted “twenty percent (20%)” for “ten percent (10%)” in (b).

Case Notes

Purpose.

Argument that this section applied only to the original deposit made by the State Highway Commission and not to any additional amount required by a court due to its discretion did not impress the court, which felt the General Assembly plainly intended for a landowner to have an immediate right to withdraw the estimated compensation and that the court had discretionary power over the amount to be paid regardless of the commission's concern as to inability to repay funds received in an excessive amount. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 808, 363 S.W.2d 134, 1962 Ark. LEXIS 670 (1962).

The General Assembly plainly intended for a landowner, in a proper case, to have an immediate right to withdraw the estimated compensation when the full amount was fully deposited in the first instance by the State Highway Commission; the court could think of no good reason for finding a contrary legislative intent merely because the deposit of full and fair compensation had to be directed by a court. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 808, 363 S.W.2d 134, 1962 Ark. LEXIS 670 (1962).

Applicability.

Subsection (b) did not apply to the jury's verdict that the State Highway Commission owed a property owner for just compensation in an eminent domain action because the amount of compensation finally awarded did not exceed the deposit by 20% or more; and, in any event, the judgment did not cite this section. KW-DW Props., LLC v. Ark. State Hwy. Comm'n, 2019 Ark. 95, 571 S.W.3d 6 (2019).

Interest.

In a condemnation proceeding in which the State Highway Commission was compelled to deposit in court a great deal more money than the jury later found the land to have been worth, giving the landowners the use of the excessive deposit for more than two years, it was held that, since the landowners had obtained the excessive deposit through their own efforts, they would be liable for interest at the rate of six percent per annum. Ark. State Hwy. Comm'n v. Rich, 235 Ark. 858, 362 S.W.2d 429 (1962).

Municipality.

Trial court erred in awarding attorney's fees to the owners in a condemnation proceeding; while this section clearly allows for an award of a fee against the State, it does not allow for an award of fees against a city, and the city proceeded under its own authority when it was substituted as a party. The city did not assume the State Highway Commission's obligation to pay attorney's fees and gained right of entry to the property by virtue of paying a deposit into the registry of the court pursuant to § 18-15-303. City of Siloam Springs v. La-De, LLC, 2015 Ark. 433, 474 S.W.3d 869 (2015).

Proof of Value.

The latitude allowed the parties in bringing out collateral or cumulative facts to support value estimates made by witnesses in eminent domain proceedings is left largely to the discretion of the presiding judge, and it is proper to allow the introduction of evidence tending to show the highest and best use of the property, independent of, and prior to, testimony as to values of lands taken, because evidence is relevant and admissible if it tends to show that the cost of making property available for a use other than that to which it was devoted is consistent with profitability. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

Reasonableness of Award.

In eminent domain proceeding, jury award was held not to be excessive in view of the testimony of at least three experts that the value of the right-of-way taken was greater than award. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

Recovery of Money.

Where one erroneously named by State Highway Commission as owner of land appropriated under eminent domain procedure, with consent of commission, received money deposited from the registry of the court, the commission, having paid the money through error, could recover it from the erroneously named owner. Ark. Real Estate Co. v. Ark. State Hwy. Comm'n, 237 Ark. 1, 371 S.W.2d 1 (1963).

Withdrawals of Deposits.

Under this section, the court may not only permit withdrawals of deposits under §§ 27-67-314 and 27-67-315, but also withdrawal of the additional deposit permitted under § 27-67-318. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 808, 363 S.W.2d 134, 1962 Ark. LEXIS 670 (1962).

27-67-318. Hearing on amount of deposit.

  1. If, after due notice, any party in interest should feel aggrieved at the amount of the estimated compensation as deposited by the Arkansas Department of Transportation into the registry of the circuit court, the party shall be entitled to a hearing, at which time evidence may be heard and received concerning the adequacy of the deposit.
  2. Thereafter, the circuit court shall, in its discretion, determine whether the present deposit is adequate, and if not, shall determine the additional amount which the department shall deposit. Such additional amount ordered deposited shall remain in the registry of the court without withdrawal until final adjudication of just compensation, but the additional deposit shall not prevent the accrual of interest on the difference in the amount of the original deposit and the compensation awarded as provided in §§ 27-67-315 and 27-67-316.
  3. This hearing and adjudication shall in no way interfere with the possession of the premises by the department.

History. Acts 1953, No. 115, § 8; 1963, No. 99, § 1; A.S.A. 1947, § 76-541; Acts 2017, No. 707, § 401.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Case Notes

Proof of Value.

The latitude allowed the parties in bringing out collateral or cumulative facts to support value estimates made by witnesses in eminent domain proceedings is left largely to the discretion of the presiding judge, and it is proper to allow the introduction of evidence tending to show the highest and best use of the property, independent of, and prior to, testimony as to values of lands taken, because evidence is relevant and admissible if it tends to show that the cost of making property available for a use other than that to which it was devoted is consistent with profitability. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

In an eminent domain proceeding where opinion testimony as to real estate values is based only on comparable sales, it should be stricken for want of a reasonable basis when it is shown that no sale considered by the witness was of land comparable to that involved in the trial; however, the mere fact that a witness considers a sale that is not comparable, along with others, in arriving at his opinion as to value is not a basis for excluding his testimony. Arkansas State Highway Com. v. First Pyramid Life Ins. Co., 269 Ark. 278, 602 S.W.2d 609 (1980).

Substantial Evidence.

Testimony of expert in appraising property that property owners had only been damaged to the extent of $3,500 was substantial evidence of the damages suffered by property owners in the condemnation of a fraction of an acre of land on which a small house had been built, supporting a jury's verdict in the amount of $4,000 with judgment against property owners for excessive amount deposited in the registry of the court. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 837, 362 S.W.2d 425, 1962 Ark. LEXIS 672 (1962).

Withdrawals.

Under § 27-67-317, the court may not only permit withdrawals of deposits under §§ 27-67-314 and 27-67-315, but also of the additional deposit provided under this section. Adams v. Arkansas State Hwy. Comm'n, 235 Ark. 808, 363 S.W.2d 134, 1962 Ark. LEXIS 670 (1962).

Cited: Arkansas State Hwy. Comm'n v. Taylor, 269 Ark. 458, 602 S.W.2d 657 (1980).

27-67-319. Appeal not to delay vesting of title.

  1. No appeal in any cause under this subchapter, nor any bond or undertaking given therein, shall operate to prevent or delay the vesting of title to real property or any interest therein or any easement in the State of Arkansas.
  2. The State of Arkansas shall not be divested of any title to real property or any interest therein or any easement acquired under this subchapter by court except where the court finds that the property or any interest therein or any easement was not taken for public use. In the event of this finding, the court shall enter judgment as may be necessary:
    1. To compensate the persons entitled thereto for the period during which the property was in the possession of the state; and
    2. To recover for the state any deposit or funds paid to any person.

History. Acts 1953, No. 115, § 6; A.S.A. 1947, § 76-539.

27-67-320. Acquisition when county court fails to grant petition.

  1. Where the State Highway Commission petitions any county court asking for right-of-way for any state highway and where the county court fails to grant the petition and to make court order procuring right-of-way within sixty (60) days after the petition is presented, then the commission may take such steps as it deems expedient to acquire right-of-way, either by purchase, exercise of its right of eminent domain, or otherwise.
  2. In that event, one-half (½) of the cost of acquiring the right-of-way shall be deducted from the next payment due any county by reason of any appropriation out of the State Highway Fund or state revenue from gasoline as motor vehicle fuel or auto license tax to the county or county highway fund of the county.
  3. All suits involving the validity of this section or any portion of it shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

History. Acts 1929, No. 205, §§ 2, 3; Pope's Dig., §§ 6963, 6964; Acts 1941, No. 281, § 1; A.S.A. 1947, §§ 76-511, 76-512.

Case Notes

Constitutionality.

This section is not violative of Ark. Const., Art. 16, § 11, which provides that no money arising from a tax levied for one purpose shall be used for any other purpose, when law providing for county highway fund does not provide how it shall be expended. Ark. State Hwy. Comm'n v. Pulaski County, 205 Ark. 395, 168 S.W.2d 1098 (1943).

This section is not unconstitutional as depriving a county court of its exclusive original jurisdiction over county taxes and roads, since revenue involved is a fund arising from a state tax and not a county tax. Ark. State Hwy. Comm'n v. Pulaski County, 205 Ark. 395, 168 S.W.2d 1098 (1943).

In General.

Where the county court fails or refuses to grant the request of the State Highway Commission to condemn certain land, the commission can acquire the right-of-way by purchase, eminent domain, or otherwise and may, in such event, charge one-half the cost back to the county. Arkansas State Hwy. Comm'n v. Palmer, 222 Ark. 603, 261 S.W.2d 772 (1953).

Construction.

This section was not repealed by Acts 1934 (2nd Ex. Sess.), No. 11, which levied a tax on motor vehicle fuel, provided for refunding of highway district obligations, and provided that portion of the tax going to the counties was to be apportioned under existing laws. Ark. State Hwy. Comm'n v. Pulaski County, 205 Ark. 395, 168 S.W.2d 1098 (1943).

Eminent Domain.

Chancellor did not err in refusing to enjoin State Highway Commission from proceeding with petition in county court for a right-of-way where commission had abandoned case and proceeded with condemnation proceeding in circuit court. Woollard v. State Hwy. Comm'n, 220 Ark. 731, 249 S.W.2d 564 (1952).

Filing of Petitions.

Petition presented to county judge sitting in open court at the time, even though never actually delivered to the clerk's office and stamped filed, was in effect filed and presented to the court and by the court denied, authorizing State Highway Commission, more than 60 days having elapsed, to acquire a right-of-way and to withhold one-half the cost from the turnback fund due the county. Ark. State Hwy. Comm'n v. Pulaski County, 205 Ark. 395, 168 S.W.2d 1098 (1943).

Cited: Arkansas State Hwy. Comm'n v. Croom, 225 Ark. 312, 280 S.W.2d 887 (1955); Shipley v. Crawford County, 253 Ark. 1021, 490 S.W.2d 439 (1973); Arkansas State Hwy. Comm'n v. Dotson, 301 Ark. 54, 781 S.W.2d 459 (1989); Dotson v. Madison County, 311 Ark. 395, 844 S.W.2d 371 (1993).

27-67-321. Sale of surplus highway property.

  1. The State Highway Commission is empowered and authorized to:
    1. Sell and convey any surplus land or real estate or any personal property or effects procured by or coming to the commission to which the commission or any member or officer therein holds title, or to which title was taken in the name of the State of Arkansas, in the settlement and procuring of rights-of-way for state highways, when lands so procured or obtained are not necessary for highway purposes; and
    2. Sell and dispose of any real estate or other property procured or conveyed to the commission, any member or officer thereof, or to the State of Arkansas, in the settlement of any claims of the state against contractors growing out of or pertaining to any state highway construction or maintenance contract.
  2. Before any sale of real estate or other assets shall be effective, it shall be approved by resolution of the commission in a regular meeting, or a special meeting called for that purpose.
  3. The resolution shall be entered upon a record of the commission to be kept for that purpose, and a certified copy of the resolution signed by the presiding officer of the commission shall be prima facie evidence of its passage and adoption.
  4. When the sale is approved by a resolution of the commission, then the chair or other presiding officer of the commission is authorized to execute to the county, city, incorporated town, person, company, or corporation purchasing the real estate or other property, a deed conveying all the right, title, interest, and equity of the commission, the Arkansas Department of Transportation, and the State of Arkansas in and to the lands.
  5. Such deeds, when so executed, shall operate to convey to the purchaser any and all right, title, interest, and equity of the commission, the department, and the State of Arkansas in and to the lands so conveyed.
  6. All proceeds arising from such sales shall be paid into and constitute a part of the state highway funds.

History. Acts 1933, No. 124, §§ 1, 2; Pope's Dig., §§ 6497, 6498; A.S.A. 1947, §§ 76-226, 76-227; Acts 2017, No. 707, § 402; 2017, No. 1036, § 1.

Amendments. The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (d).

The 2017 amendment by No. 1036, in (d), substituted “chair” for “chairman” and inserted “county, city, incorporated town”.

Case Notes

Cited: Smith v. Gray, 300 Ark. 401, 779 S.W.2d 173 (1989).

27-67-322. Reacquisition of surplus property by former owner — Definition.

  1. The State Highway Commission is authorized to sell in the manner provided by § 27-67-321 real or personal property, or an interest in real or personal property, which has been declared by commission resolution to be surplus and for sale.
      1. The owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified:
        1. In writing at their last known address; or
        2. By:
          1. A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and
          2. A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days.
      2. The newspaper publication required under subdivision (b)(1)(A)(ii) of this section shall:
        1. Identify the real property by:
          1. Legal description consisting of job number and tract number; and
          2. Physical address, if available; and
        2. Contain a reference or website link to the publication required under subdivision (b)(1)(A)(ii) of this section on the website of the Arkansas Department of Transportation.
      3. The publication placed on the website of the Arkansas Department of Transportation as provided under subdivision (b)(1)(A)(ii) of this section shall contain the legal description of the real property in metes and bounds.
    1. Within sixty (60) days after written notice or publication the owner from whom the property was acquired or his or her heirs, successors, or assigns shall have the option to purchase the property.
    2. If the option to purchase under this section is not exercised within sixty (60) days of written notice or publication, the State Highway Commission may proceed to dispose of the property at public sale or by a negotiated sale.
    1. When an entire right-of-way parcel is declared surplus, it may be reacquired under this option by refunding the price for which it was acquired by the State Highway Commission.
    2. When only a remnant or portion of the original acquisition is declared surplus by the State Highway Commission, it may be reacquired at its market value at the time it is declared surplus.
    3. The market value shall be determined by three (3) appraisers certified or licensed under § 17-14-101 et seq.
    1. When real property or a portion of the real property held as a capital asset by the State Highway Commission is later declared surplus, the owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified as required under subdivision (b)(1)(B) of this section.
    2. The market value of the real property and improvements at the time the real property is declared surplus shall be determined by three (3) appraisers certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.
    3. The option to purchase authorized under subsection (c) of this section shall not apply to a capital asset.
    4. As used in this subsection, “capital asset” means real property acquired by the State Highway Commission and improved by the State Highway Commission with offices, shops, storage yards, or other necessary or auxiliary facilities, or property purchased as an uneconomic remnant.
  2. When any real or personal property acquired for state highway purposes is either sold or returned to the owner from whom it was acquired and the price paid is refunded, any county that participated in the cost of the acquisition of the property shall share in the amount obtained from the sale, or the amount refunded, in the proportion in which it shared in the cost of acquisition.
    1. The transfer of surplus rail and other railroad track material purchased in part with federal transportation enhancement funds and granted to the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both, by the State Highway Commission shall not be subject to the procedures set forth in subsections (a)-(e) of this section.
    2. Surplus rail and other track material described under this subsection may be transferred by gift or contract to a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district.
    3. The purposes of this subsection shall be satisfied upon:
      1. The adoption of a resolution by the State Highway Commission that the transfer will promote the continuation of rail service, economic development, or industrial growth; and
      2. A transfer document executed by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both.

History. Acts 1953, No. 419, § 9; A.S.A. 1947, § 76-548; Acts 2007, No. 562, § 1; 2009, No. 483, § 9; 2013, No. 764, §[2]; 2017, No. 1036, §§ 2, 3; 2019, No. 910, §§ 5728, 5729.

Amendments. The 2009 amendment substituted “transfer” for “disposition” and substituted “in subsections (a)-(e) of this section” for “above” in (f)(1), substituted “transferred” for “disposed of” in (f)(2), and made minor stylistic changes in (f)(3).

The 2013 amendment deleted “is no longer necessary or desirable for state highway purposes and” preceding “has been declared” in (a); added (b)(1)(A), (B), (b)(2) and (3); inserted “right-of-way” in (c)(1); in (c)(3), deleted “of the remnants or portions” following “value” and substituted “appraisers certified or licensed under § 17-14-101 et seq.” for “competent appraisers”; rewrote (d); and made stylistic changes.

The 2017 amendment rewrote (b)(1); deleted “first” preceding “publication” in (b)(2) and (b)(3); in (b)(3), substituted “State Highway Commission” for “commission”, and added “or by a negotiated sale”; rewrote (d)(1) and (d)(2); and added (d)(3) and (d)(4).

The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (f)(1) and (f)(3(B).

Case Notes

Cited: Rowley v. Arkansas State Hwy. Comm'n, 242 Ark. 419, 413 S.W.2d 876 (1967); Arkansas State Hwy. Comm'n v. Wallace, 247 Ark. 157, 444 S.W.2d 685 (1969); Arkansas State Hwy. Comm'n v. Marshall, 253 Ark. 212, 485 S.W.2d 740 (1972); Smith v. Gray, 300 Ark. 401, 779 S.W.2d 173 (1989).

27-67-323. [Repealed.]

Publisher's Notes. This section, concerning reacquisition of abandoned land by city or town, was repealed by Acts 2017, No. 1036, § 4. The section was derived from Acts 1967, No. 394, § 1; A.S.A. 1947, § 76-552.

Chapter 68 Controlled-access Facilities

Effective Dates. Acts 1953, No. 383, § 13: Mar. 28, 1953. Emergency clause provided: “It has been found that this act is necessary for the immediate preservation of the public peace, health, and safety, and for the promotion of the general welfare. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force from the date of its approval.”

27-68-101. Intent.

The General Assembly of the State of Arkansas finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety and for the promotion of the general welfare.

History. Acts 1953, No. 383, § 1; A.S.A. 1947, § 76-2201.

Case Notes

Cited: Ark. State Highway Comm'n v. Bingham, 231 Ark. 934, 333 S.W.2d 728 (1960).

27-68-102. Definition.

As used in this chapter, unless the context otherwise requires, “controlled-access facility” means a highway or street especially designed for through traffic over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a controlled right of easement of access, light, air, or view, by reason of the fact that their property abuts upon the controlled-access facility or for any other reason. These highways or streets may be freeways open to use by all customary forms of street and highway traffic or they may be parkways from which trucks, buses, and other commercial vehicles shall be excluded.

History. Acts 1953, No. 383, § 2; A.S.A. 1947, § 76-2202.

Case Notes

In General.

This section refers to, and includes, a partially controlled-access facility. Williams v. Arkansas State Hwy. Comm'n, 21 Ark. App. 98, 730 S.W.2d 245, 1987 Ark. App. LEXIS 2404 (1987).

Rights-of-Way.

There is no conflict between this section and § 27-67-304, and the rights to use highway rights-of-way reserved in that section apply to controlled-access highways as defined in this section. Arkansas State Hwy. Comm'n v. Arkansas Real Estate Co., 243 Ark. 738, 421 S.W.2d 882 (1967).

Subdivisions.

Sections 14-56-413 and 14-56-41514-56-421 deal exclusively and comprehensively with subdivisions across the state, while § 27-68-101 et seq. addresses itself to controlled-access facilities as defined in this section; a subdivision is not a controlled-access facility, even though it may abut one, and it does not appear inconsistent, considering the separate purposes of these statutory provisions, that a developer should receive compensation for giving up a right-of-way along a controlled-access facility while having to relinquish title and control of the streets within a subdivision without being compensated. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).

Cited: Arkansas State Hwy. Comm'n v. Marshall, 253 Ark. 212, 485 S.W.2d 740 (1972).

27-68-103. Penalties.

  1. It is unlawful for any person:
    1. To drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on controlled-access facilities;
    2. To make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line;
    3. To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; or
    4. To drive any vehicle into the controlled-access facility from a local service road except through an opening providing for that purpose in the dividing curb or dividing section or dividing line which separates the service road from the controlled-access facility proper.
  2. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor. Upon arrest and conviction that person shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100) or by imprisonment in the city or county jail for not less than five (5) days nor more than ninety (90) days, or by both fine and imprisonment.

History. Acts 1953, No. 383, § 10; A.S.A. 1947, § 76-2210.

Case Notes

Probable Cause.

Where the Government mistakenly stated during a suppression hearing that it was not asserting § 27-51-302 as the basis for a traffic stop, the Government did not waive its right to argue that § 27-51-302 provided a valid basis for the stop; even though an officer testified that this section was the subjective basis for the stop, § 27-51-302 could still provide the objective legal justification needed to support probable cause for the stop. United States v. Demilia, 771 F.3d 1051 (8th Cir. 2014).

27-68-104. Powers of highway authorities generally.

Acting alone or in cooperation with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, the highway authorities of the state, counties, cities, towns, and villages are authorized to:

  1. Plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled-access facilities for public use whenever the authority or authorities are of the opinion that present or future traffic conditions will justify such special facilities, provided that within cities and villages, authority shall be subject to such municipal consent as may be provided by law; and
  2. Exercise, relative to controlled-access facilities, and in addition to the specific powers granted in this chapter, any and all additional authority vested in them relative to highways or streets within their respective jurisdictions.

History. Acts 1953, No. 383, § 3; A.S.A. 1947, § 76-2203.

Case Notes

Service Roads.

In determining amount of compensation due to landowners whose property was condemned for a service road along a controlled-access highway, this chapter governing controlled-access facilities, and not §§ 14-56-413 and 14-56-41514-56-421, governing control of subdivisions by cities and towns, was applicable. Accordingly, a city ordinance requiring the owner and developer of land abutting a controlled-access highway to construct a service road at this own expense and dedicate it to the city was in conflict with the controlling statutes and would constitute a taking of private property without due process in violation of Ark. Const., Art. 2, § 22. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).

Cited: Arkansas State Hwy. Comm'n v. Alcott, 260 Ark. 225, 539 S.W.2d 432 (1976).

27-68-105. Design and regulation of access.

  1. The highway authorities of the state, counties, cities, towns, and villages are authorized to so design any controlled-access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended.
  2. In this connection, highway authorities are authorized to divide and separate the controlled-access facilities into separate roadways by the construction of raised curbings, central dividing sections, or other physical separations or by designating separate roadways by signs, markers, stripes, and the proper lane for traffic by appropriate signs, markers, stripes, and other devices.
  3. No person shall have any right of ingress or egress to, from, or across controlled-access facilities to or from abutting lands, except at designated points at which access may be permitted, upon such terms and conditions as may be specified from time to time.

History. Acts 1953, No. 383, § 4; A.S.A. 1947, § 76-2204.

Case Notes

Cited: Arkansas State Hwy. Comm'n v. Marshall, 253 Ark. 212, 485 S.W.2d 740 (1972).

27-68-106. Designation and establishment of facilities.

  1. The highway authorities of the state, counties, cities, towns, or villages may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility.
  2. The state or any of its subdivisions shall have authority to provide for the elimination of intersections at grade of controlled-access facilities with existing state and county roads, and city or town or village streets, by separation or service road, or by closing off the roads and streets at the right-of-way boundary line of such controlled-access facility.
  3. After the establishment of any controlled-access facility, no highway or street which is not a part of the facility shall intersect it at grade.
  4. No city, town, or village street, county or state highway, or other public way shall be opened into or connected with any controlled-access facility without the consent and previous approval of the highway authority in the state, county, city, town, or village having jurisdiction over the controlled-access facility. Consent and approval shall be given only if the public interest shall be served thereby.

History. Acts 1953, No. 383, § 7; A.S.A. 1947, § 76-2207.

Case Notes

Cited: Earl v. Arkansas State Hwy. Comm'n, 241 Ark. 11, 405 S.W.2d 931 (1966).

27-68-107. Regulation of use.

The highway authorities of the state, counties, cities, villages, and towns may regulate, restrict, or prohibit the use of controlled-access facilities by the various classes of vehicles or traffic in a manner consistent with § 27-68-102.

History. Acts 1953, No. 383, § 3; A.S.A. 1947, § 76-2203.

Case Notes

Subdivisions.

Sections 14-56-413 and 14-56-41514-56-421 deal exclusively and comprehensively with subdivisions across the state, while § 27-68-101 et seq. addresses itself to controlled-access facilities as defined in § 27-68-102; a subdivision is not a controlled-access facility, even though it may abut one, and it does not appear inconsistent, considering the separate purposes of these statutory provisions, that a developer should receive compensation for giving up a right-of-way along a controlled-access facility while having to relinquish title and control of the streets within a subdivision without being compensated. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).

Cited: Arkansas State Hwy. Comm'n v. Alcott, 260 Ark. 225, 539 S.W.2d 432 (1976).

27-68-108. Acquisition of property.

  1. The highway authorities of the state, counties, cities, towns, or villages may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view, and light. The property and property rights may be acquired by gift, devise, purchase, or condemnation in the same manner as the units are authorized by law to acquire property or property rights in connection with highways and streets within their respective jurisdictions.
  2. All property rights acquired under the provisions of this chapter shall be in fee simple.
  3. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof, or service road in connection therewith, the state, county, city, town, or village highway authority may, in its discretion, acquire an entire lot, block, or tract of land if by so doing the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for the right-of-way proper.
  4. Court proceedings necessary to acquire property or property rights for purposes of this chapter shall take precedence over all other causes not involving the public interest to the end that the provision of controlled-access facilities may be expedited.

History. Acts 1953, No. 383, §§ 5, 6; A.S.A. 1947, §§ 76-2205, 76-2206.

Case Notes

Cost of Restoring Property.

In condemnation proceedings, cost of restoring remaining property most nearly to its original status is admissible not as a measure of damages but as an aid in determining the before and after value of the property. Arkansas State Hwy. Comm'n v. Speck, 230 Ark. 712, 324 S.W.2d 796 (1959).

Elements of Damage.

In an eminent domain proceeding by the State Highway Commission seeking to condemn the necessary property rights to enable it to convert an existing highway across farm lands into a controlled-access facility, landowner's inability to cross the highway was a compensable element of damage, and such right to cross the public easement was not within the issues of the condemnation proceedings had some 10 years prior. Arkansas State Hwy. Comm'n v. Union Planters Nat'l Bank, 231 Ark. 907, 333 S.W.2d 904 (1960).

Police Power.

This section does not authorize highway authorities to acquire property rights by the exercise of police power. Arkansas State Highway Com. v. Arkansas Power & Light Co., 231 Ark. 307, 330 S.W.2d 77 (1959).

An existing easement cannot be enlarged to a fee by means of a mere police regulation, and there is no good reason to suppose that the General Assembly meant to divide the transaction into two steps — one involving the police power and the other the power of eminent domain; rather, the State Highway Commission will be compelled to condemn a new right-of-way. Arkansas State Hwy. Comm'n v. Union Planters Nat'l Bank, 231 Ark. 907, 333 S.W.2d 904 (1960).

Service Roads.

In determining amount of compensation due to landowners whose property was condemned for a service road along a controlled-access highway, § 27-68-101 et seq., governing controlled-access facilities, and not §§ 14-56-413 and 14-56-41514-56-421, governing control of subdivisions by cities and towns, was applicable. Accordingly, a city ordinance requiring the owner and developer of land abutting a controlled-access highway to construct a service road at his own expense and dedicate it to the city was in conflict with the controlling statutes and would constitute a taking of private property without due process in violation of Ark. Const., Art. 2, § 22. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).

Subdivisions.

Sections 14-56-413 and 14-56-41514-56-421 deal exclusively and comprehensively with subdivisions across the state, while § 27-68-101 et seq. addresses itself to controlled-access facilities as defined in § 27-68-102; a subdivision is not a controlled-access facility, even though it may abut one, and it does not appear inconsistent, considering the separate purposes of these statutory provisions, that a developer should receive compensation for giving up a right-of-way along a controlled-access facility while having to relinquish title and control of the streets within a subdivision without being compensated. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).

Cited: Arkansas State Highway Com. v. Arkansas Power & Light Co., 231 Ark. 307, 330 S.W.2d 77 (1959).

27-68-109. Agreements with other highway authorities and federal government.

The highway authorities of the state, cities, counties, towns, or villages are authorized to enter into agreements with each other or with the federal government respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of controlled-access facilities or other public ways in their respective jurisdictions, to facilitate the purposes of this chapter.

History. Acts 1953, No. 383, § 8; A.S.A. 1947, § 76-2208.

27-68-110. Jurisdiction over service roads.

  1. In connection with the development of any controlled-access facility, the state, county, city, town, or village highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street and to exercise jurisdiction over service roads in the same manner as authorized over controlled-access facilities under the terms of this chapter, if, in their opinion, local service roads and streets are necessary or desirable.
  2. Local service roads or streets shall be of appropriate design and shall be separated from the controlled-access facility property by means of all devices designated as necessary or desirable by the proper authority.

History. Acts 1953, No. 383, § 9; A.S.A. 1947, § 76-2209.

Case Notes

Compensation.

In determining amount of compensation due to landowners whose property was condemned for a service road along a controlled-access highway, § 27-68-101 et seq., governing controlled-access facilities, and not §§ 14-56-413 and 14-56-41514-56-421, governing control of subdivisions by cities and towns, was applicable. Accordingly, a city ordinance requiring the owner and developer of land abutting a controlled-access highway to construct a service road at his own expense and dedicate it to the city was in conflict with the controlling statutes and would constitute a taking of private property without due process in violation of Ark. Const., Art. 2, § 22. Calabria v. City of Fayetteville, 277 Ark. 489, 644 S.W.2d 249 (1982).

27-68-111. Service stations and commercial establishments prohibited.

No automotive service station or other commercial establishment for serving motor vehicle users shall be constructed or located within the right-of-way of or on publicly owned or publicly leased land acquired or used for or in connection with a controlled-access highway facility.

History. Acts 1959, No. 123, § 1; A.S.A. 1947, § 76-2211.

Chapter 69 Mississippi River Parkway (Great River Road)

Subchapter 1 — Establishment and Regulation

Preambles. Acts 1939, No. 45 contained a preamble which read:

“(a) Whereas, this State desires to avail itself of the benefits of an act introduced in the 1939 Congress of the United States establishing and authorizing a survey for a national Mississippi River Parkway from its source to its mouth, a portion of which as a rural trunk parkway, will also serve as a “market to farm” route and for tourists, it is anticipated, will be located in this State; and

“(b) Whereas, interstate north and south travel-trade from the ten States bordering on the Mississippi River, containing approximately thirty million people constituting one-fourth of the population of the nation with over five million passenger automobiles, is continually increasing due to greater industrial leisure and tourist attractions; and

“(c) Whereas, this State will benefit from the added facility and motor vehicle park road for use of its citizens and tourists to this State and from the gasoline tax and other income from increased ‘travel-trade’ through the State; and

“(d) Whereas, the demands and needs for a national park and rural trunk parkway through the Mississippi Valley with connections for future branch tributary valley parkways and public areas for recreational purposes as a part of the nation-wide parkway system, justify the authorization of this particular parkway as timely; and

“(e) Whereas, such authorization by the General Assembly is desirable now in order that this State and political subdivisions, associations and citizens thereof, may plan for and procure public areas and historic sites en route while same may be readily available; and to provide creative employment of everlasting value; and

“(f) Whereas, Act No. 770½ approved June 23, 1936, and modified to apply to this State, authorized the Secretary of the Interior through the National Park Service to make comprehensive study with this State with a view toward developing a coordinated adequate public park, parkway and recreational area plan and program for the people of this State; and

“(g) Whereas, this State bordering the Mississippi River through its respective park, planning and highway agencies, has cooperated with the National Park Service and the National Resources Committee in developing a natural resource program and plan for a ‘Mississippi River Parkway’ from its source to the mouth; and

“(h) Whereas, increased leisure necessitates increased recreation and conservation facilities along the great waterway; and

“(i) Whereas, pending the enactment by the State of adequate enabling legislation, general Federal surveys, plans and estimates for parkway may proceed, but no Federal funds shall be expended for parkway road construction within this State through which a portion of the parkway is to be located; and

“(j) Whereas, this State as a Federal requirement must furnish the parkway lands to the Federal Government and bear the expense of acquisition therefor;

“Now, therefore….”

27-69-101. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Parkway” means and includes parkway areas of varying widths principally through rural areas with sightly, landscape, scenic, safety, and wayside development grants and easements, with minimum frontage and private access rights, featuring a parkway road designed primarily for passenger car traffic and specifically adapted to leisurely travel as a tourway for outdoor recreation and market-to-farm use by tourists, including service and recreational facilities and the preservation of scenic, historic, and scientific features;
  2. “Scenic, landscape, sightly, or safety easement” shall mean a servitude devised to permit land to remain in private ownership for its normal agricultural, residential, or other use consistent with parkway purposes determined by the Secretary and at the same time placing a control over the future use of the area to maintain its scenic, landscape, sightly, or safety values for the parkway in this state; and
  3. “Secretary” means the United States Secretary of the Interior;

History. Acts 1939, No. 45, § 4; A.S.A. 1947, § 76-1804.

27-69-102. Department acquisition of land and conveyance to the United States.

  1. The Arkansas Department of Transportation is designated, authorized, and directed as the state agency of this state to acquire by gift, purchase, or condemnation as a public highway and convey to the United States all parkway lands and easements as and when required by surveys and maps hereafter approved by the United States Secretary of the Interior.
  2. If, as a result of required surveys, maps, and estimates, the United States Secretary of the Interior shall be satisfied that one (1) or more desirable parkway routes are available and the President of the United States shall approve thereof, then the department may accept donations of and acquire lands, interests in lands, islands, waters, easements, and other properties bordering the Mississippi River. Thereafter the department may convey them to the United States on behalf of this state or of its political subdivisions. Private parties may convey necessary or convenient properties or easements for the projected parkway, together with sites in connection therewith acquired or to be acquired for recreational or naturalistic purposes.
  3. Thereafter, the areas together with the parkway right-of-way of a width sufficient to include the road and all bridges, ditches, cuts, and fills appurtenant thereto shall constitute the national parkway in this state.

History. Acts 1939, No. 45, §§ 1, 3; A.S.A. 1947, §§ 76-1801, 76-1803; Acts 2017, No. 707, § 403.

Amendments. The 2017 amendment, in (a), substituted “Department of Transportation” for “State Highway and Transportation Department”, and inserted “United “States”.

27-69-103. State agency authorization to cooperate in conveyances.

State agencies owning or controlling various state-owned areas or state-owned easements or interest therein of state agencies are authorized to cooperate in the conveyance of the lands, easements, or interest to and in favor of the United States for this national parkway.

History. Acts 1939, No. 45, § 2; A.S.A. 1947, § 76-1802.

27-69-104. Powers and duties of state agencies.

The Arkansas Department of Transportation or other departments of the state are authorized to:

  1. Acquire and convey to the United States parkway areas in accordance with the provisions of this subchapter;
  2. Allocate necessary funds when appropriations are available therefor for the acquisition of parkway areas and for other purposes outlined below as and when needed;
  3. Arrange for or rearrange fencing, cattle passes, or piping water supply to adjoining landowners; change overhead wires; construct underground wire and pipe crossings; reconstruct public and private roads; make surveys, and prepare land maps and conduct condemnation suits, all without cost to the United States;
  4. Exercise the right of eminent domain to appropriate and condemn land or waters of sufficient width to conform to the requirements of this subchapter and to convey them to the United States for parkway, easement, recreation, or conservation purposes with title to the land vesting in the state upon institution of such proceedings; and to acquire by fee simple areas, scenic and other easements and areas requested for revetments, quarries, gravel, dredging, and borrow pits found necessary for parkway construction;
  5. Have its representatives and those of the United States enter upon private lands for the purpose of making surveys; to hold the United States free and harmless from claims arising from the surveys, development, construction, maintenance, and operation of the parkway undertaken by the United States on such property; and to protect parkway areas by state authority after acquisition by the state and acceptance by the United States Secretary of the Interior until such time prior or subsequent to construction as the condemnee shall have received full compensation therefor from the state;
  6. Provide for the relocation or abandonment of sections of local, public, and private roads, or of railroads by agreement therewith, on parkway land as may be necessitated by the design and construction of the parkway when such relocation or abandonment does not interfere with flood control projects or rulings of the Arkansas Public Service Commission;
  7. Convey all or portions of state-owned areas and state-owned easements to the United States of sufficient amount to conform to the requirements of this subchapter when the parkway extends through state-owned areas or absorbs state-owned easements;
  8. Assume indebtedness or secure releases therefrom through irrigation, flood control, drainage, or other political districts or subdivisions wherever outstanding indebtedness exists therein;
  9. Provide for the concurrent jurisdiction of this state over the parkway areas after title thereto becomes vested in the United States;
  10. Permit, as soon as the route of the parkway shall be determined, the immediate payment of premiums on standing timber, pending final purchase in order to discourage timber cutting by owners during the negotiation period or the execution of leases in advance of possession, satisfactory to the United States Secretary of the Interior;
  11. Permit the elimination of existing and the denial of new frontage or access rights to the parkway motor vehicle road and on parkway land to landowners whose land abuts the parkway land by one (1) or more of the following remedies: purchase of residual tracts, acquisition by excess condemnation, provision of other means of access to public highways, acquisition of private rights-of-way, or adjustment of damages;
  12. Require the elimination of stock grazing on parkway land or the unrestricted use therefor of such land by adjacent landowners;
  13. Undertake preliminary surveys and preparation of topographical plats of the flagged locations of the parkway road for the purpose of aiding the federal engineers in determining the final location of the parkway road and right-of-way boundaries; and
  14. Construct, relocate, or abandon any local, public, or service road, crossing or parallel to the parkway road on parkway land, when requested by the United States Secretary of the Interior.

History. Acts 1939, No. 45, §§ 6, 11; A.S.A. 1947, §§ 76-1806, 76-1811; Acts 2017, No. 707, § 404.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in the introductory language.

27-69-105. State acquisition procedure.

  1. Directly or indirectly from or through its political subdivisions, this state shall acquire and convey to the United States the necessary areas in fee simple, together with landscape, sightly, safety, or scenic easements, and rights-of-way for connections to the approaches of trans-Mississippi River bridges, subject to such flowage, revetment, bank protection, levee, or other river control, harbor line, and navigation reservations or rights as the Secretary of Defense may determine are essential for navigation or flood control purposes.
  2. The titles and evidences of titles to areas so acquired, for protection to the United States in case of use or occupancy thereof, shall be satisfactory to the Secretary.
  3. Deeds shall be accompanied by land maps, survey notes, and closure sheets.
  4. Parkway areas as acquired by this state and scenic, landscape, sightly, or safety easements on additional areas shall be in accordance with preliminary development and property maps submitted to the state by the United States Secretary of the Interior.
  5. State agencies and interstate or intrastate utilities having fiscal or other interests in any properties may join in or execute releases for parkway areas or easements.
  6. Parkway area acquisition shall be undertaken in units of sufficient length to justify placing the units under contract for construction of the parkway road as soon as acquired by the state and accepted by the Secretary.

History. Acts 1939, No. 45, §§ 6, 7; A.S.A. 1947, §§ 76-1806, 76-1807.

27-69-106. Right-of-way.

  1. An average right-of-way of not less than one hundred (100) acres per mile in fee simple, plus scenic, landscape, sightly, or safety easement control up to a total average of fifty (50) acres per mile, shall be provided for the gross length of the parkway in this state for parkway purposes.
  2. At no point shall the width of parkway area through state or private lands be less than two hundred feet (200'), except as the Secretary may determine in particular cases.
  3. If the total acreage acquired by this state and its political subdivisions or other parties and transferred to the United States for parkway purposes is less than the above stated minimum per mile, then other public areas adjacent to or near the parkway having scenic, recreational, conservation, floodway, or historic value shall be owned, acquired, or administered satisfactorily to the Secretary or leased thereto sufficient to bring the total acreage up to the minimum.
  4. The area boundaries need not be mechanically determined or measured by a uniform distance from the center line of the parkway.
  5. The variation of the width shall be dependent upon the topographical and other natural conditions, requirements of design, easements, and time and cost of acquisition.
  6. Owing to proximity in numerous locations of vertical picturesque bluffs close to the Mississippi River at high water stages and the narrow range of location of existing railway facilities, the parkway road may be constructed over or under such precipitous cliffs and caverns and around and across river bends and through back country as will best diversify the rugged, wooded, and open pastoral scenery and water vistas, and also tend toward economical cost of land acquisitions and parkway road construction and maintenance.
  7. The state may include in its fee simple parkway right-of-way requirement such nearby areas of the Mississippi River within its boundaries, other than the navigable channel thereof at normal river stage, provided the nearest edge of such supplementary water, island, flo-way, or floodway areas shall be within five hundred feet (500') of the center line of the parkway road and shall not exceed a width of one thousand feet (1,000').

History. Acts 1939, No. 45, § 5; A.S.A. 1947, § 76-1805.

27-69-107. Use of existing or projected highways.

  1. When the construction of sections of the parkway road parallel to existing highways will result in unnecessary expense and the United States Secretary of the Interior may, in his or her discretion, use existing or projected sections of streets or highways, bridges, parks, or other areas as connecting links between other sections of this parkway, and federal funds may be expended for parkway purposes thereon under the provisions of this subchapter, no parkway area credits need be allowed the state.
  2. In the event it is determined that the connecting links of highways should provide for other than passenger car traffic, a cooperative agreement with respect to use and the reconstruction, maintenance, and control thereof may be entered into by the United States Secretary of the Interior with the Arkansas Department of Transportation or local public authorities concerned.

History. Acts 1939, No. 45, § 8; A.S.A. 1947, § 76-1808; Acts 2017, No. 707, § 405.

Amendments. The 2017 amendment, in (b), substituted “United States Secretary of the Interior” for “Secretary” and “Department of Transportation” for “State Highway and Transportation Department”.

27-69-108. Alternate routes.

Alternate routes through or around urban areas, along scenic country, or connecting historic sites may be provided or required for acceptance by the Secretary for parkway purposes.

History. Acts 1939, No. 45, § 8; A.S.A. 1947, § 76-1808.

27-69-109. Concurrent jurisdiction — Reserved powers and jurisdiction.

  1. This state cedes to the United States and current jurisdiction to so regulate that the United States shall exercise concurrent jurisdiction:
    1. To regulate use of parkway areas and traffic on the parkway road and protect the areas and property thereon belonging to the United States from damage, depredation, or destruction;
    2. To operate and administer the areas and property of the United States embraced in the parkway as a national parkway, when consistent with the current uses of other federal departments through whose areas the parkway extends; and
    3. To prosecute in the federal courts any violation of parkway regulations.
  2. There is preserved to this state or its political subdivisions thereof in which parkway areas are located:
    1. All other powers and expressly and specifically reserves thereto jurisdiction in all civil and criminal matters;
    2. The power to levy and collect a tax on all motor vehicle fuels and lubricants on the parkway and a tax on the sale thereof and of other products and services sold on the parkway, or on any part of the property conveyed to the United States pursuant to this subchapter, except sales to and for exclusive use of the federal government;
    3. The jurisdiction and power to tax and license or to prohibit the sale of intoxicating liquors on any areas so conveyed, or to be conveyed;
    4. The right to levy and collect a tax on all property, including buildings erected thereon, not belonging to the United States; and
    5. The authority to require licenses and impose license taxes upon any business or businesses conducted thereon under lease with the United States.
  3. The above powers enumerated as expressly and specifically reserved to this state or political subdivisions thereof, in which parkway areas are situated, shall not be construed as being in any respect inconsistent with or impairing the powers of the United States.
  4. By mutual agreement between federal and state or local authorities, their respective patrolmen may cooperate in the enforcement of parkway regulations and controlling parades or convoys on the parkway road.

History. Acts 1939, No. 45, §§ 9, 10; A.S.A. 1947, §§ 76-1809, 76-1810.

Publisher's Notes. Apparently some words are missing in the beginning of subsection (a) of this section; the section is printed as enacted.

Subchapter 2 — Mississippi River Parkway Commission of Arkansas

Preambles. Acts 1961, No. 148 contained a preamble which read:

“Whereas, the State of Arkansas has a vital interest, esthetic and economic, in the development of the Arkansas segment of the Great River Road, otherwise known as the Mississippi River Parkway, running through the ten states along the Mississippi River between Canada and the Gulf of Mexico; and

“Whereas, in the furtherance of this interest the 52nd General Assembly enacted enabling legislation for this purpose in Act 45, approved February 6, 1939; and

“Whereas, the 83rd Congress of the United States authorized the expenditure of Federal-Aid funds in the Federal-Aid Highway Act of 1954 to expedite the planning and coordination of the Great River Road on a matching basis; and

“Whereas, this program has advanced to the stage where the Arkansas State Highway Commission in June 1959 requested the Bureau of Public Roads, U. S. Department of Commerce, to recommend a route for the Great River Road (Mississippi River Parkway) through the State of Arkansas; and

“Whereas, a study has been completed by the Bureau of Public Roads in cooperation with the National Park Service and was submitted December 31, 1959, to the Bureau of Public Roads, Washington, D.C., on a recommended route for the Arkansas segment of the Great River Road (Mississippi River Parkway); and

“Whereas, in 1952 the Mississippi River Parkway Planning Commission, appointed by the Governors of the ten Mississippi River States, adopted the Federal-Aid Parkway Plan for the project, submitted to the Congress in accordance with an Act of August 1949 by the Bureau of Public Roads and the National Park Service; and

“Whereas, Arkansas, as a member of this Commission, is required to pay an annual fee of one thousand dollars ($1,000.00) for their equal share of the planning program of this Commission; and

“Whereas, the State of Arkansas is now two years in arrears on these fees;

“Now, therefore … .”

Effective Dates. Acts 1975, No. 496, § 8: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1975 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975 could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1981, No. 892, § 3: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the per diem of twenty-five dollars ($25.00) per day currently provided for members of the Mississippi River Parkway Commission is inadequate to reimburse members of the Commission for expenses incurred in attending meetings of the Commission; that this Act is designed to increase the per diem of members of the Commission to enable them to more effectively and efficiently carry out their duties and responsibilities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 20, § 3: Feb. 3, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that persons who have rendered long and dedicated service on the Mississippi River Parkway Commission have gained considerable knowledge and experience which is a vital asset to the functioning of said Commission, and that the immediate passage of this Act is necessary to authorize the ‘Commissioner Emeritus’ status for any past, present, or future member of said Commission who served for a period of twenty or more years, to authorize said person to continue to serve as a ‘Commissioner Emeritus’ on said Commission, thereby gaining the benefits of the experience and knowledge of said person in the continued work of said Commission. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 522, § 3: Mar. 25, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the per diem of forty-five dollars ($45.00) per day currently provided for members of the Mississippi River Parkway Commission is inadequate to reimburse members of the Commission for expenses incurred in attending meetings of the Commission; that this Act is designed to increase the per diem of members of the Commission to enable them to more effectively and efficiently carry out their duties and responsibilities and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-69-201. Creation.

There is created and established a commission to be known as the “Mississippi River Parkway Commission of Arkansas”.

History. Acts 1961, No. 151, § 1; A.S.A. 1947, § 76-1812.

27-69-202. Members.

    1. The Mississippi River Parkway Commission of Arkansas shall be composed of ten (10) members appointed by the Governor:
      1. One (1) member shall be a resident of Mississippi County;
      2. One (1) member shall be a resident of Crittenden County;
      3. One (1) member shall be a resident of St. Francis County;
      4. One (1) member shall be a resident of Lee County;
      5. One (1) member shall be a resident of Phillips County;
      6. One (1) member shall be a resident of Monroe County;
      7. One (1) member shall be a resident of Arkansas County;
      8. One (1) member shall be a resident of Desha County;
      9. One (1) member shall be a resident of Drew County; and
      10. One (1) member shall be a resident of Chicot County.
    2. All members shall be appointed for terms of five (5) years.
    1. Any person who has served, is now serving, or serves in the future as a member of the Mississippi River Parkway Commission of Arkansas, as established by this subchapter, who has served or serves twenty (20) years as a member of the Mississippi River Parkway Commission of Arkansas, and as pilot or president of the Mississippi River Parkway Commission, shall, from and after February 3, 1983, be known and designated as a “commissioner emeritus”.
    2. A commissioner emeritus shall serve as a member of the Mississippi River Parkway Commission of Arkansas for the remainder of his or her life and shall be notified of all Mississippi River Parkway Commission of Arkansas meetings and is entitled to the same expenses and other allowances for attending Mississippi River Parkway Commission of Arkansas meetings as is provided by law for other Mississippi River Parkway Commission of Arkansas members.
    3. The Governor of the State of Arkansas shall cause an appropriate commission to be prepared and issued to each commissioner emeritus of the Mississippi River Parkway Commission of Arkansas, who shall file it with the Secretary of State and take the official oath of office before entering upon his or her duties as a commissioner emeritus of the Mississippi River Parkway Commission of Arkansas.
  1. Immediately upon making any appointment to the Mississippi River Parkway Commission of Arkansas, the Governor making the appointment shall notify the Mississippi River Parkway Planning Commission, hereinafter called the national commission, giving the names and addresses of the member or members so appointed.
    1. Members of the Mississippi River Parkway Commission of Arkansas shall not receive compensation for their services but may receive expense reimbursement as provided in § 25-16-901 et seq.
    2. These expenses shall be paid upon claims for reimbursement approved by the chair of the Mississippi River Parkway Commission of Arkansas.

History. Acts 1961, No. 151, §§ 2, 6; 1963, No. 197, § 1; 1975, No. 496, § 6; 1981, No. 892, § 1; 1983, No. 20, § 1; 1985, No. 522, § 1; A.S.A. 1947, §§ 5-907.5, 76-1813, 76-1813.1, 76-1817; Acts 1995, No. 1296, § 98; 1997, No. 250, § 247.

Publisher's Notes. The terms of the members of the Mississippi River Parkway Commission are arranged so that two terms expire every year.

27-69-203. Organization and meetings.

  1. At the first meeting of the Mississippi River Parkway Commission and annually thereafter, the members shall select a Chair of the Mississippi River Parkway Commission and a secretary from the membership.
  2. Meetings of the commission shall be called by motion of the chair or on request of any five (5) members.
  3. Except in the case of an emergency, notice of the time and place of each meeting shall be given to each member at least five (5) days prior to the date of the meeting.
  4. Every meeting of the commission shall be held at some suitable place in one of the ten (10) counties in which the Great River Road is situated, except that any meeting may be held at any other suitable place upon majority vote of the members of the commission.
  5. Any four (4) members of the commission shall constitute a quorum for the purpose of transacting any business of the commission.

History. Acts 1961, No. 151, § 3; A.S.A. 1947, § 76-1814.

27-69-204. National affiliation — Advisory capacity.

  1. The Mississippi River Parkway Commission of Arkansas created herein shall be an affiliate of the National Mississippi River Parkway Commission and shall cooperate with and assist the national commission in promoting interest in, and the development and use of, the Great River Road as designated by the Federal Highway Administration. It shall also serve in an advisory capacity to the Arkansas Department of Transportation in regard to the exercise of the powers and duties granted the department by § 27-69-101 et seq.
  2. The Chair of the Mississippi River Parkway Commission of Arkansas shall be the Arkansas representative on the National Mississippi River Parkway Commission.

History. Acts 1961, No. 151, § 4; A.S.A. 1947, § 76-1815; Acts 2017, No. 707, § 406.

Amendments. The 2017 amendment, in (a), inserted “of Arkansas”, deleted “Planning” following the second occurrence of “River Parkway”, substituted “Federal Highway Administration” for “Federal Bureau of Roads”, and substituted “Department of Transportation” for “State Highway and Transportation Department”; and inserted “of Arkansas” in (b).

27-69-205. Advisors and assistants.

The Director of State Highways and Transportation shall designate one (1) employee of the Arkansas Department of Transportation who is an engineer or who has engineering experience, and the Secretary of the Department of Parks, Heritage, and Tourism shall appoint one (1) member of his or her staff, who shall advise and assist the Mississippi River Parkway Commission of Arkansas in carrying out its functions and duties under this subchapter.

History. Acts 1961, No. 151, § 5; A.S.A. 1947, § 76-1816; Acts 2017, No. 707, § 407; 2019, No. 910, § 5730.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”, and inserted “of Arkansas”.

The 2019 amendment substituted “Secretary of the Department of Parks, Heritage, and Tourism” for “Director of the Department of Parks and Tourism”.

27-69-206. Standard road signs.

  1. The State Highway Commission is authorized and directed to erect and maintain signs designating the route of the Great River Road through Arkansas.
  2. The signs used to designate the route shall be the standard marker developed and approved for the Great River Road by the national commission.

History. Acts 1961, No. 151, § 7; A.S.A. 1947, § 76-1818.

27-69-207. Funds.

  1. The State Highway Commission is authorized to:
    1. Expend from its regular appropriation for any fiscal year, in addition to the other purposes enumerated in the appropriation act, funds to cover the state's pro rata share, as a participating member, of the costs in the activities and work of the Mississippi River Parkway Planning Commission; and
    2. Match any federal-aid apportionment for the planning and coordination of the Great River Road, also called the Mississippi River Parkway.
  2. The authorizations made for expenditures from the State Highway and Transportation Department Fund in subsection (a) of this section shall be made by the State Highway Commission as it deems in the best interests of the State of Arkansas and shall be limited to expenditures not exceeding seven thousand five hundred dollars ($7,500) for fees, dues, and other expenses during any one (1) fiscal year.

History. Acts 1961, No. 148, §§ 1, 2; 1965, No. 300, § 1; A.S.A. 1947, §§ 76-1819, 76-1820.

Chapter 70 Highway Revenue Distribution

Subchapter 1 — General Provisions

Publisher's Notes. Acts 1975, No. 610, § 3, provided that the act was contingent upon and should take effect immediately upon any action of the Congress of the United States which would offer the State of Arkansas an opportunity to collect all or any part of the existing excise tax on motor fuels then imposed by United States Code, Title 26, Internal Revenue Code, Chapter 31 — Retailers Excise Tax, Sections 4041 and 4081.

Effective Dates. Acts 1973, No. 445, § 26: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate steps must be taken to provide additional State funds, and to allocate federal revenue sharing funds, for the construction of State highways which are essential to the public health, safety, and welfare and that the immediate passage of this Act is necessary in order that fiscal officials of the State may make plans to prepare for the collection of additional highway revenues effective from and after July 1, 1973. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1973.”

Acts 1975, No. 610, § 6: effective contingent on any act of U.S. Congress offering Arkansas opportunity to collect all or part of motor fuels excise tax imposed by 26 U.S.C. §§ 4041, 4081. Emergency clause provided: “It is hereby found by the General Assembly of the State of Arkansas that should the Congress of the United States reduce the amount of excise tax imposed by United States Code, Title 26, Chapter 31, §§ 4041 and 4081, entitled Retailers Excise Tax that the State of Arkansas would lose needed revenues for highway construction and maintenance for the highways of the State of Arkansas. Therefore, an emergency is hereby declared to exist. This Act being necessary for the immediate preservation of public peace, health and safety and shall take effect and be in full force and effect from the date of its approval.” Approved Mar. 28, 1975.

Acts 1981, No. 719, § 3: Mar. 25, 1981. Emergency clause provided: “It is hereby found by the General Assembly of the State of Arkansas that should the Congress of the United States increase the amount of excise tax imposed by United States Code, Title 26, Chapter 31, §§ 4041 and 4081, entitled Retailers Excise Tax, the State of Arkansas would lose needed revenues for highway construction and maintenance for the highways of the State of Arkansas. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in full force and effect from the date of its approval.”

Acts 1987, No. 742, § 25: July 1, 1987. Emergency clause provided: “It is hereby found and determined by the Seventy-Sixth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1987 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1987 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full and effect from and after July 1, 1987.”

Acts 1991, No. 872, § 27: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1991 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1991 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”

27-70-101. Certification of vouchers, etc.

  1. The designated disbursing officers for the Arkansas Department of Transportation are hereby authorized to complete and sign one (1) certification for each state voucher or other designated document that authorizes the Auditor of State, or other official, to draw a state warrant or check on a fund administered by the Arkansas Department of Transportation.
  2. The voucher or other authorizing document can consist of one (1) or more pages and in the event that more than one (1) page is used, then the designated disbursing officer is to manually sign the last page only, and any certification is to be so worded that it will apply to all pages of the document.

History. Acts 1991, No. 872, § 16; 2017, No. 707, § 408.

A.C.R.C. Notes. Former § 27-70-101, concerning certification of vouchers, etc., is deemed to be superseded by this section. The former section was derived from Acts 1987, No. 742, § 15. A similar provision which was also codified as § 27-70-101, and was previously superseded, was derived from Acts 1985, No. 138, § 16.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” twice in (a).

27-70-102. Certification of amounts due — Distribution.

  1. The Arkansas Department of Transportation, through the Director of State Highways and Transportation, is authorized to certify to the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State any amount that is due the department from a city or county of this state.
  2. Upon certification, the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State shall record and transfer the amount so certified from the funds next to be distributed to the designated city or county, under the provisions of the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., to the fund designated by the department. The amount may be a lump sum or in installments, as instructed by the department.

History. Acts 1987, No. 742, § 20; 2017, No. 707, § 409.

A.C.R.C. Notes. Former § 27-70-102, concerning certification of amounts due and distribution, is deemed to be superseded by this section. The former section was derived from Acts 1985, No. 138, § 18.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Cross References. Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.

27-70-103. State Highway Special Construction Account.

  1. All taxes, penalties, and other amounts collected pursuant to the additional taxes and fees levied in §§ 26-55-205(b) and 26-56-201(a)(2) shall be classified as special revenues.
  2. After deducting therefrom the three percent (3%) for credit to the Constitutional Officers Fund and the State Central Services Fund as required by § 27-70-206(1), the Treasurer of State shall transfer the net amount remaining to the State Highway and Transportation Department Fund to be set aside in a special account therein to be known as the State Highway Special Construction Account to be used solely and exclusively by the State Highway Commission:
    1. For construction of roads and highways on the state highway system; and
    2. To provide funds for transfer to the State Aid Road Fund as may be provided by law.
  3. None of these funds shall be used for the construction of highway buildings, for the payment of salaries, for the purchase of supplies and materials, for highway maintenance, or any other purpose other than the construction of state highways.
  4. All taxes, penalties, and other amounts collected pursuant to §§ 26-55-205(b) and 26-56-201(a)(2) shall be distributed solely and exclusively for the purposes set forth in this section. None of the amounts shall be distributed as provided by § 27-70-206(2) and (3).

History. Acts 1973, No. 445, § 4; A.S.A. 1947, § 76-336; Acts 1989, No. 821, § 12.

Cross References. State Aid Road Fund, § 27-72-305.

27-70-104. Federal excise tax on motor fuels.

  1. Should the Congress of the United States extend an option to the State of Arkansas to collect all or part of the existing excise tax on motor fuels imposed by the Internal Revenue Code, Chapter 31, Retailers Excise Tax, §§ 4041 and 4081, it is declared that the option is executed.
  2. Further, if the federal excise tax is reduced in any amount, the amount of the reduction will continue to be collected as state highway user revenues.
  3. Any increase in the federal excise tax, accompanied by state option, shall be disbursed as set forth in subsection (d) of this section.
  4. Any revenues derived under subsection (a) of this section will be classified as special revenues and shall be deposited in the State Treasury to the credit of the State Apportionment Fund for distribution under the Arkansas Highway Revenue Distribution Law, there to be used for the construction of state highways, county roads, and municipal streets.

History. Acts 1975, No. 610, §§ 1, 2; 1981, No. 719, § 1; A.S.A. 1947, §§ 76-337, 76-338.

U.S. Code. Sections 4041 and 4081 of the Internal Revenue Code, referred to in this section, are codified as 26 U.S.C. §§ 4041 and 4081.

Subchapter 2 — Arkansas Highway Revenue Distribution Law

Cross References. Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.

Direct deposits by the State into local government cash management trust account, § 19-8-311.

Municipal Aid Fund, § 19-5-601 et seq.

Revenue Classification Law, § 19-6-201 et seq.

Preambles. Acts 1979, No. 438 contained a preamble which read:

“Whereas, the revenue from the investment of moneys in the State Highway Department Fund is not now being used for highway purposes; and

“Whereas, the funds in the State Highway Department Fund are derived wholly from taxes and other fees levied upon highway users; and

“Whereas, the use of the income from investments of the State Highway Department Fund for other than Highway purposes constitutes a diversion of tax moneys for non-highway purposes contrary to the legislative intent of these statutory levies;

“Now, therefore … .”

Effective Dates. Acts 1965 (1st Ex. Sess.), No. 39, § 8: July 1, 1965. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly: (a) that traffic accidents resulting in injuries and deaths of persons and damages to property are increasing at an alarming rate due in part to the condition of many roads, streets and highways in the State; (b) that a formula for the distribution of highway revenues is necessary in order that the counties, cities and State Highway Department may properly plan for financing the construction and reconstruction of roads, streets and highways and be in a position to commence immediately the elimination of the most hazardous road conditions and thereby reduce the incidence of accidents; and that only by the passage of this act and the giving of immediate effect to its provisions may proper planning and financing be accomplished. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force on and after July 1, 1965.”

Acts 1967, No. 11, § 2: Jan. 26, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the efficient administration of county roads is dependent upon a steady and adequate source of revenues therefor; that the present laws of this State provide for quarterly distribution to counties of the portion of highway revenues to be received by counties, and that such delay in receiving such funds often makes it impossible for counties to take advantage of discounts for prompt payment of purchases and disrupts the orderly payment of county road bills; and, that by the immediate passage of this act, such situation may be corrected and thereby provide for the more efficient and economical administration of county roads. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 41, § 2: Apr. 1, 1967. Emergency clause provided: “Whereas, municipalities operate on a fiscal year based on the calendar year of January through December and the state operates on a fiscal year of July through June and in order for all towns and cities to receive as nearly equal turnbacks during 1967 as possible, an emergency is hereby declared to exist and this Act being necessary for immediate protection of the public peace, health and safety, this Act shall take effect April 1, 1967, and shall be applicable to all Highway Revenues for towns and cities after March 31, 1967.”

Acts 1968 (1st Ex. Sess.), No. 10, § 3: Feb. 15, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that Subsection (b) of Section (5) of Act 39 of 1965 (First Extraordinary Session) provides for a distribution of certain fees to the County Aid Fund using as part of a determining factor the fees collected in each county for sale of Motor Vehicle License; that the Permanent Automobile Licensing Act of 1967 provides for the securing of motor vehicle licenses by mail from the Commissioner of Revenues, Little Rock, Pulaski County, Arkansas; that if Subsection (b) of Section (5) of Act 39 of 1965 (First Extraordinary Session) is not amended by this Act, then Pulaski County will receive credit for purpose of distribution to the County Aid Fund for all licenses secured from the Commissioner of Revenues by mail; that this Act would remedy this situation by changing the determining factor from ‘fees collected in such county’ to ‘fees collected from such county’; that the securing of license plates by mail is now in effect; and that, in order to remedy the above setout problem, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1973, No. 445, § 26: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate steps must be taken to provide additional State funds, and to allocate federal revenue sharing funds, for the construction of State highways which are essential to the public health, safety, and welfare and that the immediate passage of this Act is necessary in order that fiscal officials of the State may make plans to prepare for the collection of additional highway revenues effective from and after July 1, 1973. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1973.”

Acts 1977, No. 241, § 5: Feb. 24, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that in order to clarify the disposition of funds provided under the State and Local Fiscal Assistance Act of 1972, P.L. 92-512, as amended, by P.L. 94-488, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 438, § 5: Mar. 20, 1979. Emergency clause provided: “It has been found and it is hereby declared by the General Assembly of the State of Arkansas that funds intended to be used for highway purposes are being diverted to other uses while there is an urgent need for all available funds to be used in the maintenance and construction of the State Highway System. Therefore, an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect immediately upon its passage and approval.”

Acts 1981, No. 865, § 4: Mar. 28, 1981. Emergency clause provided: “It has been found and is hereby declared that the construction and maintenance of the State highways is a matter of immediate concern to the citizens of the State of Arkansas. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the preservation of the public peace, health and safety shall be in effect upon passage and approval.”

Acts 2007, No. 1100, § 4: Apr. 4, 2007. Emergency clause provided: “It is hereby found and determined by the Eighty-sixth General Assembly that there is an immediate need for the construction, reconstruction, and maintenance of highways and roads comprising the State highway system and to provide additional funds for county and municipal aid and that such programs cannot be accomplished without additional funding. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2008 (1st Ex. Sess.), Nos. 4 and 5, § 12: Apr. 2, 2008. Emergency clause provided: “It is found and determined by the General Assembly that state and local roads and highways are in need of substantial expansion, maintenance and repair, and that additional funding is necessary to address this need. It is also found and determined that increasing development and exploitation of natural gas resources in the Fayetteville Shale Play and in other areas of this state has significantly increased the burden and wear and tear on state and local roads and highway, further exacerbating the need for maintenance and repair. It is also found and determined that previous surpluses in state revenue have been largely spent to improve public education and educational facilities in this state, as was required by the Constitution as interpreted by the Arkansas Supreme Court in the Lake View case and additional revenues must be generated from other sources to address the needs of our roads and highways. It is further found and determined that due to recent and dramatic increases in the price of gasoline, and the fact that funds for highways are generated from a flat per-gallon tax, the increasing use of more fuel-efficient vehicles has caused a condition in which revenue for roads and highways has not kept pace with the wear and tear caused by vehicular use. It is further found and determined that immediate enactment of this bill is necessary to provide adequate time for various administrative agencies of state government to prepare the necessary reporting forms and instructions, to educate taxpayers responsible for paying the additional taxes levied herein, and take other steps necessary for the proper implementation and administration of this act. Therefore, the General Assembly hereby finds and declares that an emergency exists, pursuant to Article V, § 38 of the Arkansas Constitution, and this Act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after January 1, 2009.”

Acts 2011, No. 1032, § 3: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that city streets are in an extreme state of disrepair, particularly in rural municipalities; that municipalities are without an adequate program or adequate funding to allow for significant, long-term, corrective action to repair their streets; and that this act is necessary to initiate a program of remediation for municipal streets with the involvement and consent of the Arkansas State Highway and Transportation Department so that municipalities can increase the prospects of economic and social development across the state by improving their streets. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2016 (3rd Ex. Sess.), No. 1, § 23: July 1, 2016. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Arkansas bridges and roads are in need of repair and proper maintenance; that the repair and proper maintenance of Arkansas bridges and roads are necessary for the preservation of the public peace, health, and safety; that increased funding is essential to the repair and proper maintenance of Arkansas bridges and roads; that this act is designed to provide the necessary funding that is essential to the repair and proper maintenance of Arkansas bridges and roads, and this act is necessary because without this increased funding, the repair and proper maintenance of Arkansas bridges and roads may not be performed. Therefore, an emergency is declared to exist, and Sections 1-8, 13, 15, 18-21 of this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2016.”

Acts 2017, No. 555, § 8: July 1, 2017. Emergency clause provided: “It is found and determined by the General Assembly that this act amends the investment and transfer authority of the Treasurer of State; that this act affects the ability of the Treasurer of State to invest and transfer state funds; and that this act should become effective as soon as possible to allow for implementation of the new provisions to benefit the State of Arkansas. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2017.”

Acts 2017, No. 704, § 3: Jan. 1, 2018.

Acts 2019, No. 747, § 16: July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a one (1) year period; that the effectiveness of this Act on July 1, 2019 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the legislative session, the delay in the effective date of this Act beyond July 1, 2019 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2019”.

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-70-201. Title.

This subchapter may be referred to and cited as the “Arkansas Highway Revenue Distribution Law”.

History. Acts 1965 (1st Ex. Sess.), No. 39, § 1; A.S.A. 1947, § 76-330.

27-70-202. Definition.

  1. As used in this subchapter, unless the context otherwise requires, “highway revenues” means and includes the following special revenues:
    1. Fees for the registration and licensing of motor vehicles, levied and collected under §§ 27-14-305, 27-14-601, 27-14-603, 27-14-605, 27-14-702, 27-14-704, 27-14-709, 27-14-716, 27-14-717, 27-14-914, 27-14-915, §§ 27-14-501 et seq., 27-14-1101 et seq., 27-14-1201 et seq., 27-14-1301 et seq., 27-14-1401 et seq., 27-14-1501 et seq., 27-14-1801 et seq., 27-14-1901 et seq., and 27-14-2101 et seq., and § 27-15-101 et seq., except motor vehicle in-transit taxes and drive-out tag fees levied, respectively, under §§ 27-14-1805 and 27-14-2104;
    2. Taxes levied and collected under the Motor Fuel Tax Law, § 26-55-201 et seq., and the Special Motor Fuels Tax Law, § 26-56-101 et seq., commonly referred to, and denominated by the Secretary of the Department of Finance and Administration for tax distribution purposes, as the “gasoline tax”; and
    3. Ninety-five percent (95%) of the severance tax levied and collected on natural gas under § 26-58-111(5).
  2. For the purposes of this section, any penalties, fines, charges, or other amounts paid in connection with or in lieu of any of the foregoing enumeration shall be deemed, unless otherwise expressly provided for by law, to be highway revenues and shall be added to and considered as a part of the particular foregoing enumeration to which it shall respectively belong.

History. Acts 1965 (1st Ex. Sess.), No. 39, § 2; A.S.A. 1947, § 76-331; Acts 2008 (1st Ex. Sess.), No. 4, § 11; 2008 (1st Ex. Sess.), No. 5, § 11; 2019, No. 910, § 4815.

A.C.R.C. Notes. The 2008 (1st Ex. Sess.), Nos. 4 and 5, § 1, provided: “Legislative findings and intent.

(a) The General Assembly has determined that the severance tax rate on natural gas should be increased and that there should be different rates of tax for different categories of natural gas.

“(b) Amendment 19 of the Arkansas Constitution required this act to be passed by at least three-fourths of the members of the Senate and at least three-fourths of the members of the House of Representatives.

“(c) In order to implement the increase in the severance tax rate, the General Assembly has identified the following four categories of natural gas, each as defined in Arkansas Code § 26-58-101:

“(1) High-cost gas;

“(2) Marginal gas;

“(3) New discovery gas; and

“(4) All natural gas that is not defined as high-cost gas, marginal gas, or new discovery gas.

“(d) To increase the severance tax rate, the General Assembly used the method of levying a specific tax rate on each category so that any future legislative enactment that would have the effect of increasing the rate of severance tax on any of those categories of natural gas as defined by § 26-58-101 will also be subject to the three-fourths vote requirement of Amendment 19 of the Arkansas Constitution.”

Amendments. The 2008 (1st Ex. Sess.) amendment by identical acts Nos. 4 and 5, effective January 1, 2009, added (a)(3).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2).

Cross References. Disposition of misdemeanor fines and forfeitures, § 27-14-313.

Penalty for using or making unofficial license plates, § 27-14-305.

Effective Dates. Acts 2008 (1st Ex. Sess.), Nos. 4 and 5, § 12: Jan. 1, 2009, by their own terms.

27-70-203. Deposit in State Apportionment Fund.

All highway revenues shall be deposited in the State Treasury to the credit of the State Apportionment Fund. After deducting the amount of uncollected checks and reserving the amount as shall be required to liquidate claims for taxes erroneously paid, the Treasurer of State shall, on the last business day of each month, transfer these highway revenues in the amounts or proportions, and to the State Treasury funds, specified in § 27-70-206.

History. Acts 1965 (1st Ex. Sess.), No. 39, § 3; A.S.A. 1947, § 76-332.

27-70-204. Interest on funds of Arkansas Department of Transportation.

  1. On the second business day that the State Treasury is open after the twenty-fifth day of the month, the Treasurer of State shall compute the balance of the State Highway and Transportation Department Fund, including all internal accounts and funds, including, but not limited to, the State Highway Special Construction Account, the State Aid Road Fund, the State Aid Street Fund, the State Highway and Transportation Department Fund, and any other funds administered by the Arkansas Department of Transportation during the preceding month and shall transfer on that day to the State Highway and Transportation Department Fund interest on the balance to be computed as authorized under § 19-3-518(d)(4), excluding the interest rate paid on open account deposits, during the preceding month.
    1. Except as provided in subdivision (b)(2) of this section, interest earned on the accounts described in subsection (a) of this section shall be classified as special revenues to be used as authorized under § 19-6-405.
    2. Interest income generated from the Arkansas Four-Lane Highway Construction and Improvement Bond Account shall be distributed as required under § 27-70-206.

History. Acts 1979, No. 438, §§ 1, 2; A.S.A. 1947, §§ 76-332.1, 76-332.2; Acts 2011, No. 1032, § 1; 2017, No. 555, § 7; 2017, No. 704, § 1; 2017, No. 707, § 410.

Amendments. The 2011 amendment, in (a), substituted “State Highway Special Construction Account” for “Special Construction Account” and “State Aid Street Fund” for “State Aid Street Account.”

The 2017 amendment by No. 555, in (a), substituted “second business day that the State Treasury is open after the twenty-fifth day” for “first day of business”, deleted “average daily” preceding “balance” twice, and substituted “as authorized under § 19-3-518(d)(4)” for “at a rate equivalent to the average rate of interest earned on all State Treasury funds invested”.

The 2017 amendment by No. 704 redesignated former (b) as (b)(1); in (b)(1), substituted “Except as provided in subdivision (b)(2) of this section” for “All” and “to be used as authorized under § 19-6-405” for “and the net amount shall be distributed as provided by this subchapter”; and added (b)(2).

The 2017 amendment by No. 707 substituted “funds of Arkansas Department of Transportation” for “state highway department funds” in the section heading; and substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Cross References. Arkansas Governmental Compliance Act, § 10-4-301 et seq.

Effective Dates. Acts 2017, No. 704, § 3: Jan. 1, 2018.

27-70-205. Federal Revenue Sharing State Highway Trust Fund Account.

Commencing with the federal funds received by the State of Arkansas under the provisions of the State and Local Fiscal Assistance Act of 1972, Public Law 92-512, as amended, commonly and hereinafter referred to as “federal revenue-sharing funds”, all federal revenue sharing funds received each fiscal year by the State of Arkansas for the use and benefit of the State of Arkansas shall be transferred to and allocated to a special trust fund to be established in the State Highway and Transportation Department Fund, to be known as the Federal Revenue Sharing State Highway Trust Fund Account, to be set aside and used by the State Highway Commission solely and exclusively for construction of highways on the state highway system and the state aid street system. All funds shall be administered and the controls and accounting thereof shall be in accordance with the provisions of the State and Local Fiscal Assistance Act of 1972, Public Law 92-512, as amended, and all regulations promulgated thereunder, and in accordance with the laws of this state governing the advertising and awarding contracts for, and payment of, construction contracts to be awarded by the commission.

History. Acts 1973, No. 445, § 3; 1977, No. 241, § 1; A.S.A. 1947, § 76-335.

U.S. Code. The State and Local Fiscal Assistance Act of 1972, referred to in this section, is primarily codified as 31 U.S.C. § 6702 et seq.

Cross References. State aid street system, § 27-72-401 et seq.

State highway system, § 27-67-101 et seq.

27-70-206. Distribution to state funds.

Excluding the interest income classified as special revenue under § 27-70-204(b)(1), all highway revenues which are available for distribution during each fiscal year shall be transferred to the following State Treasury funds, and in the order specified, with transfers to be made monthly until all available revenues have been transferred:

  1. First, except as provided by § 19-5-207, three percent (3%) of the amount thereof to the Constitutional Officers Fund and the State Central Services Fund, there to be used for the purposes specified for each fund by the Revenue Stabilization Law, § 19-5-101 et seq.;
  2. Next, to the Gasoline Tax Refund Fund, such amount as the Secretary of the Department of Finance and Administration shall, from time to time, certify to the Treasurer of State as being necessary to pay approved gasoline tax refund claims under the provisions of §§ 26-55-301 — 26-55-321 [Repealed] and 26-55-401 — 26-55-408, or other applicable law. However, the aggregate total amount of all transfers under this paragraph shall not exceed two million five hundred thousand dollars ($2,500,000) during any fiscal year; and
  3. After meeting the requirements set out in subdivisions (1) and (2) of this section, all remaining highway revenues which are available for distribution during each fiscal year shall be transferred in the following manner: Fifteen percent (15%) of the amount thereof to the County Aid Fund; fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and seventy percent (70%) of the amount thereof to the State Highway and Transportation Department Fund.

History. Acts 1965 (1st Ex. Sess.), No. 39, § 4; A.S.A. 1947, § 76-333; Acts 2016 (3rd Ex. Sess.), No. 1, § 18; 2017, No. 704, § 2; 2019, No. 910, § 4816.

A.C.R.C. Notes. Acts 2016 (3rd Ex. Sess.), No. 1, § 1, provided: “This act shall be known and may be cited as the ‘Arkansas Highway Improvement Plan of 2016’.”

Amendments. The 2016 (3rd Ex. Sess.) amendment, in (1), inserted “except as provided by § 19-5-207” and made a stylistic change.

The 2017 amendment added “Excluding the interest income classified as special revenue under § 27-70-204(b)(1)” in the introductory language.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (2).

Effective Dates. Acts 2017, No. 704, § 3: Jan. 1, 2018.

27-70-207. Distribution to county and city funds — Definition.

  1. As used in this section, “public transportation” means a conveyance of human passengers by bus, van, or any other ground surface vehicle that is:
    1. Provided to the general public or selected groups of the public on a regular or continuing basis; and
    2. Operated by a city, county, or any other person or entity under a contract or agreement with a city or county.
      1. With the exception of those revenues transferred pursuant to Section 2 of the Highway Improvement Revenue Act of 2007, all highway revenues transferred to the County Aid Fund under this subchapter shall be paid over by the Treasurer of State to the treasurers of the respective counties of this state for credit to the county highway fund, there to be used for transportation projects as deemed beneficial by the county to include without limitation:
        1. The maintenance, construction, and reconstruction of roads and bridges in the county highway system and for other surface transportation;
        2. Public transportation; or
        3. Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 regardless of whether or not the political subdivision is a member of a regional mobility authority.
      2. A county may also use these funds to construct and maintain parking for county courthouses, county administration buildings, county health units, and county parks and to construct and maintain sidewalks that serve county courthouses, county administration buildings, county health units, county parks, public schools, and other publicly owned property.
      3. A county may use these funds to pay for local projects eligible for funding under state programs of the Arkansas Department of Transportation and the State Highway Commission and under federal programs of the Federal Highway Administration and the Federal Transit Administration.
      4. Furthermore, the funds may be used to install and maintain traffic signals where needed to preserve public health, safety, and welfare.
      5. A county may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets.
      1. Funds disbursed to the County Aid Fund pursuant to Section 2 of the Highway Improvement Revenue Act of 2007 may be expended by the counties on any legitimate county purpose and are not limited to the uses set forth in subdivision (b)(1) of this section.
      2. Funds disbursed to the County Aid Fund pursuant to Section 2 of the Highway Improvement Revenue Act of 2007 shall be distributed to the various counties as are other funds contained in the County Aid Fund pursuant to subdivision (b)(3) of this section.
    1. The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the revenues on the following basis:
      1. Thirty-one percent (31%) of the amount according to area, with each county to receive the proportion that its area bears to the area of the state;
      2. Seventeen and one-half percent (17.5%) of the amount according to the amount of state motor vehicle license fees collected in the calendar year next preceding any distribution as certified to the Treasurer of State by the Secretary of the Department of Finance and Administration, with each county to receive the proportion that the total of fees collected from the county bears to the total of fees collected in the state;
      3. Seventeen and one-half percent (17.5%) of the amount according to population based upon the most recent federal decennial census, with each county to receive the proportion that its population bears to the population of the state;
      4. Thirteen and one-half percent (13.5%) of the amount according to rural population based upon the most recent federal decennial census, with each county to receive the proportion that its rural population bears to the rural population of the state; and
      5. Twenty and one-half percent (20.5%) of the amount shall be divided equally among the seventy-five (75) counties.
      1. With the exception of those revenues transferred pursuant to Section 2 of the Highway Improvement Revenue Act of 2007, all highway revenues transferred to the Municipal Aid Fund under the provisions of this subchapter shall be paid over by the Treasurer of State by direct deposit to the treasurers of the respective cities of the first class, cities of the second class, and incorporated towns for credit to the street fund, there to be used for transportation projects as deemed beneficial by the governing body of the political subdivision to include without limitation:
        1. The maintenance, construction, and reconstruction of streets that are not continuations of state highways and for other surface transportation;
        2. Public transportation; or
        3. Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103, regardless of whether or not the political subdivision is a member of a regional mobility authority.
      2. A city may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets.
      3. A city may use these funds to construct and maintain parking for city administration buildings, city recreation buildings, and city parks, and to construct and maintain sidewalks that serve city administration buildings, city recreational buildings, city-owned parking lots, city-owned parking decks, and city parks.
    1. The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the funds on the basis of population according to the most recent federal census, with the amount to be paid over to each city or incorporated town in the proportion that its population bears to the total population of all cities and towns.
      1. Funds disbursed to the Municipal Aid Fund pursuant to Section 2 of the Highway Improvement Revenue Act of 2007 may be expended by the cities on any legitimate municipal purpose and are not limited to the uses set forth in subdivision (c)(1) of this section.
      2. Funds disbursed to the Municipal Aid Fund pursuant to Section 2 of the Highway Improvement Revenue Act of 2007 shall be distributed to the various cities as are other funds contained in the Municipal Aid Fund pursuant to subdivision (c)(2) of this section.
    1. All highway revenues transferred to the State Highway and Transportation Department Fund under the provisions of this subchapter shall be used for the construction, reconstruction, and maintenance of highways and bridges in the state highway system.
      1. However, the Arkansas Department of Transportation may use highway revenues transferred to the State Highway and Transportation Department Fund for the installation, upgrading, or improvement of any highway-railroad crossing safety device, railroad crossing traffic control device, warning lights, crossing gates, or other railroad crossing safety devices at public highway railroad crossings and for the construction, reconstruction, and maintenance of any highway-railroad crossing, including the construction or installation of any underpasses or overpasses.
      2. Except for the construction or installation of underpasses or overpasses, the department's goal is to expend one dollar ($1.00) of state funds for each dollar of federal funds received to improve railroad crossing safety and to reduce railroad crossing accidents.
      3. It is the intent of this subdivision (d)(2) to encourage the State Highway Commission to continue to upgrade the state's highway-railway crossings with traffic control devices, warning lights, crossing gates, and other appropriate devices in order to increase the safety of persons using the state's highways.
  2. The Department of Finance and Administration shall:
    1. Deposit a total of one cent (1¢) per gallon from revenues distributed under this subchapter from the proceeds derived from existing motor fuel taxes and distillate fuel taxes; and
      1. Permanently dedicate the revenues to the State Aid Street Fund created under § 27-72-407.
      2. The State Aid Street Fund shall aid city streets under the law.
  3. A county or municipality that receives a distribution under this section or under § 26-58-124 of two million dollars ($2,000,000) or more shall report annually by March 15 to the House Committee on Public Transportation and the Senate Committee on Public Transportation, Technology, and Legislative Affairs the following information regarding the use of the funds in the previous year:
    1. The use of the funds;
      1. A general ledger accounting of the city street or road fund or the county street or road fund.
      2. The county street or road fund general ledger accounting shall be made using the County Financial Management System of tracking county revenues and expenditures;
    2. The percentage of the city street or road fund or county street or road fund that is comprised of state funds; and
    3. The details of each contracted project, including without limitation the type and description of the contracted project and the total amount expended on the contracted project.

History. Acts 1965 (1st Ex. Sess.), No. 39, § 5; 1967, No. 11, § 1; 1967, No. 41, § 1; 1967, No. 417, § 1; 1968 (1st Ex. Sess.), No. 10, § 1; A.S.A. 1947, § 76-334; Acts 1989, No. 371, § 1; 1997, No. 361, § 1; 1999, No. 724, § 1; 2001, No. 1216, § 1; 2003, No. 208, § 1; 2005, No. 2275, § 7; 2007, No. 389, § 2; 2007, No. 1100, § 3; 2011, No. 752, § 1; 2013, No. 1010, § 1; 2017, No. 607, § 1; 2017, No. 707, §§ 411, 412; 2019, No. 133, § 1; 2019, No. 747, § 13; 2019, No. 910, § 4817.

A.C.R.C. Notes. Acts 2007, No. 1100, § 1, provided:

“(a) This Act may be referred to and cited as the Highway Improvement Revenue Act of 2007.

“(b) It is found by the General Assembly that in order to provide for adequate state highway construction, reconstruction, and maintenance, and for providing additional county aid and municipal aid, revenue must be available from the State surplus and dedicated as special revenue for the purpose of constructing, reconstructing and maintaining the state highway system and for providing additional funds for county aid and municipal aid.”

Acts 2007, No. 1100, § 2, provided:

“In order to provide a source of revenue to finance highway construction, reconstruction, maintenance, and to provide additional monies for county aid and municipal aid, immediately upon the effective date of this act, the Chief Fiscal Officer of the State shall transfer on his books and those of the State Treasure and Auditor of State, the sum of eighty million dollars ($80,000,000) from the General Revenue Allotment Reserve Fund, which immediately such sum shall be declared as special revenue, and disbursed as follows:

“(1) Fifteen percent (15%) of the amount thereof to the County Aid Fund;

“(2) Fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and

“(3) Seventy percent (70%) of the amount thereof to the State Highway and Transportation Department Fund.

“(b) Funds disbursed to the County Aid Fund pursuant to this act, and as appropriated to the Department of Finance and Administration Disbursing Officer, shall be used for supplementing the funds made available to each of the seventy five counties by the same distribution as authorized in Arkansas Code 19-5-602(c)(1)(A).

“Funds disbursed to the Municipal Aid Fund pursuant to this act, and as appropriated to the Department of Finance and Administration Disbursing Officer, shall be used for supplementing the distribution of funds apportioned to each city or incorporated town in the same proportion as authorized in Arkansas Code 19-5-601.

“Funds disbursed to the County Aid Fund and the Municipal Aid Fund pursuant to this act may be expended on any legitimate county or municipal purpose and are not limited to expenditures for highway related purposes.”

Acts 2013, No. 927, § 13, provided: “TURNBACK REPORTING. Each calendar year, beginning with calendar year 2013, each county and municipality receiving total highway revenues and highway severance turnback per A.C.A 27-70-207 and A.C.A 26-58-124 of $2,000,000 or more shall report to the House Public Transportation Committee and the Senate Transportation, Technology and Legislative Affairs Committee indicating how highway revenues and highway severance turnback funds were utilized. The report shall include a general ledger accounting of the city or county street/road fund. The report shall also include the percentage of the street/road fund that is comprised of state funds. Further, the report shall include details of each contracted project including type and description of project, location of project and total amount of money spent on the project. The report shall be submitted annually no later than January 30th for the previous year's projects.”

Acts 2014, No. 265, § 13, provided: “TURNBACK REPORTING. Each calendar year, beginning with calendar year 2013, each county and municipality receiving total highway revenues and highway severance turnback per A.C.A 27-70-207 and A.C.A 26-58-124 of $2,000,000 or more shall report to the House Public Transportation Committee and the Senate Transportation, Technology and Legislative Affairs Committee indicating how highway revenues and highway severance turnback funds were utilized. The report shall include a general ledger accounting of the city or county street/road fund. The report shall also include the percentage of the street/road fund that is comprised of state funds. Further, the report shall include details of each contracted project including type and description of project, location of project and total amount of money spent on the project. The report shall be submitted annually no later than January 30th for the previous year's projects.”

Acts 2015, No. 527, § 13, provided:

“TURNBACK REPORTING. Each calendar year each county and municipality receiving total highway revenues and highway severance turnback per A.C.A 27-70-207 and A.C.A 26-58-124 of $2,000,000 or more shall report to the House Public Transportation Committee and the Senate Transportation, Technology and Legislative Affairs Committee indicating how highway revenues and highway severance turnback funds were utilized. The report shall include a general ledger accounting of the city or county street/road fund. The county report shall be made utilizing the County Financial Management System of tracking county revenues and expenditures. The report shall also include the percentage of the street/road fund that is comprised of state funds. Further, the report shall include details of each contracted project including type and description of project and total amount of money spent on the project. The report shall be submitted annually no later than March 15th. for the previous 3 year's projects.

“The provisions of this section shall be in effect only from July 1, 2015 through June 30, 2016.”

Acts 2016, No. 166, § 13, provided:

“TURNBACK REPORTING. Each calendar year each county and municipality receiving total highway revenues and highway severance turnback per A.C.A 27-70-207 and A.C.A 26-58-124 of $2,000,000 or more shall report to the House Public Transportation Committee and the Senate Transportation, Technology and Legislative Affairs Committee indicating how highway revenues and highway severance turnback funds were utilized. The report shall include a general ledger accounting of the city or county street/road fund. The county report shall be made utilizing the County Financial Management System of tracking county revenues and expenditures. The report shall also include the percentage of the street/road fund that is comprised of state funds. Further, the report shall include details of each contracted project including type and description of project and total amount of money spent on the project. The report shall be submitted annually no later than March 15th for the previous year's projects.

“The provisions of this section shall be in effect only from July 1, 2016 through June 30, 2017.”

Amendments. The 2007 amendment by No. 384, in (a)(1), inserted “and the State Highway Commission” in (C), and deleted “to match federal transportation funds” following “authority” in (E).

The 2007 amendment by No. 1100 substituted “With the exception of those revenues transferred pursuant to Section 2 of the Highway Improvement Revenue Act of 2007, all” for “All” in (a)(1)(A) and (b)(1)(A); added (a)(2); added (b)(3); and made related changes.

The 2011 amendment inserted “and city” in the section head; added present (a) and redesignated the remaining subsections accordingly; rewrote (b)(1)(A); inserted “and the Federal Transit Administration” in (b)(1)(C); rewrote (c)(1)(A); and deleted (c)(1)(B), and redesignated (c)(1)(C) as (c)(1)(B).

The 2013 amendment added (e).

The 2017 amendment by No. 607 added (c)(1)(C).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(1)(C) and (d)(2)(A); and deleted “of the United States Department of Transportation” at the end of (b)(1)(C).

The 2019 amendment by No. 133 inserted “by direct deposit” in the introductory language of (c)(1)(A).

The 2019 amendment by No. 747 added (f).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(3)(B).

27-70-208. Disposition of gross receipts taxes on gasohol.

The gross receipts taxes levied and collected on gasohol shall be used by the Arkansas Department of Transportation to defray, in whole or in part, the cost of constructing, widening, reconstructing, maintaining, resurfacing, or repairing the public highways, and retiring highway indebtedness of this state. These taxes shall be remitted to the department in accordance with this subchapter.

History. Acts 1981, No. 865, § 1; A.S.A. 1947, § 76-334.1; Acts 1989, No. 821, § 13; 2017, No. 707, § 413.

Amendments. The 2017 amendment deleted “which was exempted from the motor fuel tax by Acts 1979, No. 433, § 1E (repealed), and from the special motor fuel tax by Acts 1965 (1st Ex. Sess.), No. 40, Ch. 2, § 2 (repealed)” following “gasohol”, and substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-70-209. [Repealed.]

Publisher's Notes. This section, concerning highway construction and maintenance bonds, was repealed by Acts 1995, No. 1007, § 17. The section was derived from Acts 1991, No. 1040, § 1; 1991, No. 1239, § 1.

Subchapter 3 — Regional Mobility Authority Act

27-70-301 — 27-70-316. [Repealed.]

Publisher's Notes. This subchapter, concerning the Regional Mobility Authority Act, was repealed by Acts 2007, No. 389, § 3. The subchapter was derived from the following sources:

27-70-301. Acts 2005, No. 2275, § 1.

27-70-302. Acts 2005, No. 2275, § 1.

27-70-303. Acts 2005, No. 2275, § 1.

27-70-304. Acts 2005, No. 2275, § 1.

27-70-305. Acts 2005, No. 2275, § 1.

27-70-306. Acts 2005, No. 2275, § 1.

27-70-307. Acts 2005, No. 2275, § 1.

27-70-308. Acts 2005, No. 2275, § 1.

27-70-309. Acts 2005, No. 2275, § 1.

27-70-310. Acts 2005, No. 2275, § 1.

27-70-311. Acts 2005, No. 2275, § 1.

27-70-312. Acts 2005, No. 2275, § 1.

27-70-313. Acts 2005, No. 2275, § 1.

27-70-314. Acts 2005, No. 2275, § 1.

27-70-315. Acts 2005, No. 2275, § 1.

27-70-316. Acts 2005, No. 2275, § 1.

Chapter 71 Turnpikes

Effective Dates. Acts 2003, No. 296, § 11: Mar. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for the planning and development of certain turnpike projects within the State of Arkansas, and that the planning and development will be facilitated by this act having immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-71-101 — 27-71-504. [Repealed.]

Publisher's Notes. Subchapters 1-4 of this chapter were repealed by Acts 2003, No. 296, §§ 7-10, respectively, effectively repealing this chapter. For present law, see § 27-90-201 et seq. The chapter was derived from:

27-71-101. Acts 1973, No. 312, § 1; A.S.A. 1947, § 76-2401.

27-71-102. Acts 1973, No. 312, § 22; A.S.A. 1947, § 76-2423.

27-71-103. Acts 1973, No. 312, § 8; A.S.A. 1947, § 76-2409; Acts 1991, No. 547, § 2.

27-71-104. Acts 1973, No. 312, § 18; A.S.A. 1947, § 76-2419.

27-71-105. Acts 1973, No. 312, § 23; A.S.A. 1947, § 76-2424.

27-71-201. Acts 1973, No. 312, § 2; A.S.A. 1947, § 76-2402.

27-71-202. Acts 1973, No. 312, §§ 3, 4; A.S.A. 1947, §§ 76-2403, 76-2405.

27-71-203. Acts 1973, No. 312, § 3; A.S.A. 1947, § 76-2403.

27-71-204. Acts 1973, No. 312, § 7; A.S.A. 1947, § 76-2408.

27-71-205. Acts 1973, No. 312, § 6; A.S.A. 1947, § 76-2407.

27-71-206. Acts 1973, No. 312, § 5; A.S.A. 1947, § 76-2406.

27-71-207. Acts 1973, No. 312, § 20; A.S.A. 1947, § 76-2421.

27-71-208. Acts 1973, No. 312, § 10; A.S.A. 1947, § 76-2410.

27-71-209. Acts 1973, No. 312, § 9; A.S.A. 1947, § 76-2411.

27-71-210. Acts 1973, No. 312, § 21; A.S.A. 1947, § 76-2422.

27-71-301. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-302. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-303. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-304. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-305. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-306. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-307. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-308. Acts 1973, No. 312, § 11; A.S.A. 1947, § 76-2412.

27-71-401. Acts 1973, No. 312, § 12; 1979, No. 826, §§ 1, 2; 1979, No. 985, §§ 1, 2; A.S.A. 1947, § 76-2413.

27-71-402. Acts 1973, No. 312, § 12; 1979, No. 826, §§ 1, 2; 1979, No. 985, §§ 1, 2; A.S.A. 1947, § 76-2413.

27-71-403. Acts 1973, No. 312, § 12; 1979, No. 826, §§ 1, 2; 1979, No. 985, §§ 1, 2; A.S.A. 1947, § 76-2413.

27-71-404. Acts 1973, No. 312, § 12; 1979, No. 826, §§ 1, 2; 1979, No. 985, §§ 1, 2; A.S.A. 1947, § 76-2413.

27-71-405. Acts 1973, No. 312, § 12; 1979, No. 826, §§ 1, 2; 1979, No. 985, §§ 1, 2; A.S.A. 1947, § 76-2413.

27-71-406. Acts 1973, No. 312, § 13; A.S.A. 1947, § 76-2414.

27-71-407. Acts 1973, No. 312, §§ 11, 14; A.S.A. 1947, §§ 76-2412, 76-2415.

27-71-408. Acts 1973, No. 312, § 15; A.S.A. 1947, § 76-2416.

27-71-409. Acts 1973, No. 312, § 16; A.S.A. 1947, § 76-2417.

27-71-410. Acts 1973, No. 312, § 17; A.S.A. 1947, § 76-2418.

27-71-411. Acts 1973, No. 312, § 19; A.S.A. 1947, § 76-2420.

Subchapter 5 of this chapter was previously repealed by Acts 1995, No. 1232, § 4. The subchapter was derived from the following sources:

27-71-501. Acts 1989, No. 192, § 1.

27-71-502. Acts 1989, No. 192, § 2.

27-71-503. Acts 1989, No. 192, §§ 3, 4.

27-71-504. Acts 1989, No. 192, § 5.

Chapter 72 Highway Revenues for Local Aid

Subchapter 1 — General Provisions

Effective Dates. Acts 1963, No. 263, § 3: Mar. 18, 1963. Emergency clause provided: “It has been found by the General Assembly of the State of Arkansas that the counties of this State are without adequate planning and engineering services essential in the formulation of contracts for federal aid secondary road projects; that said counties, due to lack of funds and to impracticalities, are unable to procure such planning and engineering services; and that it is necessary that such services be furnished by the State Highway Department, free of charge, in order for the said counties to obtain full advantage of federal aid to secondary road projects. Therefore, this act being immediately necessary for the preservation of the public peace, health, and safety, an emergency is declared to exist and this act shall be in force and effect from and after its passage and approval.”

27-72-101. Plans and engineering services for county federal-aid secondary road projects.

  1. The Arkansas Department of Transportation is authorized and directed to furnish, without cost to counties, all plans and engineering services necessary in connection with all county negotiated contracts for federal-aid secondary road projects in all counties of this state.
  2. The cost of plans and engineering services shall be included in the cost of projects but shall not be chargeable to the county.

History. Acts 1963, No. 263, § 1; A.S.A. 1947, § 76-462; Acts 2017, No. 707, § 414.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

Subchapter 2 — Violations of Federal-Aid Agreements

Effective Dates. Acts 1939, No. 338, § 6: approved Mar. 16, 1939. Emergency clause provided: “A vast amount of such projects now being maintained improperly or not at all, to the great loss and inconvenience to the public, an emergency is hereby declared to exist, it being necessary for the preservation of the public peace, health, and safety of the state, this act shall be in effect and in full force from and after its passage.”

27-72-201. Funds to be withheld.

Where any political subdivision of the State of Arkansas has entered into an agreement with the United States Government, any agency or subdivision thereof, or the State Highway Commission to maintain projects constructed off the state highway system by the commission, with the use of United States governmental funds, upon written notice to the commission from the Federal Highway Administration that projects are being maintained insufficiently according to the agreement, the commission is authorized, ordered, and empowered to instruct the Treasurer of State to withhold payment from the County Aid Fund, which is payable or to be payable to the various political subdivisions of the State of Arkansas, if the commission, after investigation, finds the political subdivisions have failed to live up to the agreement.

History. Acts 1939, No. 338, § 1; A.S.A. 1947, § 76-416.

27-72-202. Duties of commission and Treasurer of State.

  1. The State Highway Commission, upon receipt of written notice from the Federal Highway Administration to the effect that political subdivisions have violated the agreement set out in § 27-72-201, shall immediately proceed to investigate the report and shall make a final determination of the amount of money necessary to maintain the projects properly.
  2. After this determination, the commission shall, by resolution, inform the Treasurer of State of the facts.
  3. The Treasurer of State shall immediately withhold payment as set out in § 27-72-201 and transmit his warrants as funds accrue from time to time to the commission until the amount determined by the commission is fully satisfied.
  4. In the event the amount of the County Aid Fund payable or to be payable to the respective political subdivisions is over and above the amount determined by the commission, then after being informed by the commission, the Treasurer of State shall release and transmit his warrant for the remainder to the proper authorities of the respective counties who have violated the agreement.

History. Acts 1939, No. 338, § 2; A.S.A. 1947, § 76-417.

27-72-203. Project maintenance — Application of funds.

  1. Upon receipt of the warrant or warrants from the Treasurer of State, the State Highway Commission shall apply such funds to the maintenance of the project or projects on which agreements have been violated for the amount or amounts pro rata as the commission shall deem best.
  2. In the event the commission has expended its own funds for maintenance of the projects, then the amounts so expended from state maintenance funds shall be replaced by funds from the warrants received from the Treasurer of State in the amount expended.

History. Acts 1939, No. 338, § 3; A.S.A. 1947, § 76-418.

27-72-204. Project maintenance — Commission's discretion.

When the State Highway Commission finds the agreements relative to the various projects have been violated, the commission may, at its discretion, commence and cease to maintain the projects, subject to reimbursement as set out in § 27-72-203.

History. Acts 1939, No. 338, § 4; A.S.A. 1947, § 76-419.

27-72-205. Priority of charge against funds.

Upon determination by the State Highway Commission that the agreement has been violated, and commencing on the date of notice to the Treasurer of State, there shall be a charge upon funds set out in this subchapter which shall take priority over any other obligations on the funds.

History. Acts 1939, No. 338, § 5; A.S.A. 1947, § 76-420.

Subchapter 3 — State Aid Roads

Effective Dates. Acts 1973, No. 445, § 26: July 1, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate steps must be taken to provide additional State funds, and to allocate federal revenue sharing funds, for the construction of State highways which are essential to the public health, safety, and welfare and that the immediate passage of this Act is necessary in order that fiscal officials of the State may make plans to prepare for the collection of additional highway revenues effective from and after July 1, 1973. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1973.”

Acts 1975, No. 607, § 7: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate steps must be taken to provide additional State funds, for the construction of State Aid Roads which are essential to the public health, safety, and welfare of the local communities of the State, and that the immediate passage of this Act is necessary in order to do so from and after July 1, 1975. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1975.”

Acts 1975 (Extended Sess., 1976), No. 1037, § 6: Jan. 29, 1976. Emergency clause provided: “It is hereby found and determined by the General Assembly that immediate steps must be taken to provide additional State funds, for the construction of State-Aid Roads which are essential to the public health, safety, and welfare of the local communities of the State. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after the date of passage and approval.”

Acts 1983, No. 467, § 3: Mar. 15, 1983. Emergency clause provided: “It is hereby determined by the General Assembly that the economic recession has caused a considerable curtailment of moneys available to counties for road construction purposes, and that inflation in recent years has resulted in a considerable strain on county moneys available for road improvements and construction; that the severe weather conditions in the early Winter of 1982 have resulted in major damage to county roads in this State; and that the immediate passage of this Act is necessary to change the ratio of county funds required to match moneys in the State-Aid Road Fund allocated to such counties, thereby enabling counties to accelerate their access to State-Aid Road Funds for repair and rebuilding of county roads on the State Aid Road System. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 255, § 5: Mar. 5, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that tornadoes, excessive rains and flooding which occur periodically result in considerable destruction and damage to county roads and bridges in the various counties in this State and that such counties are occasionally declared ‘disaster counties’ by the Governor or the appropriate federal official; that the matching requirements and use restrictions on State Aid Road Funds available to said counties will not enable such counties to adequately repair or restore the roads and bridges which were destroyed or damaged during such natural disasters; that, in addition, many of said counties will be eligible for federal disaster relief funds and/or Federal Secondary Highway Funds to assist in defraying the cost of such disaster repairs or construction, but will not have sufficient matching monies available to enable said counties to gain the full benefits of the use of federal aid funds in connection with such projects; and that the immediate passage of this Act is necessary to amend the matching fund requirement and redefine the purposes for which State Aid Road funds allocated to said counties may be used. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 553, § 2: Mar. 25, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that Section 15 of Act 445 of 1973 imposed an obligation on counties to defray the cost of essential maintenance of county roads that were improved by construction with state aid monies from the State Aid Road Funds; that the provisions of said Section 15 as now written would require a county to continue to pay for maintenance costs on any such road or section thereof that is annexed into a city or town subsequent to the construction improvements; and that the immediate passage of this Act is necessary to clarify said law, thereby imposing the obligation upon the incorporating city or town to assume the responsibility for the maintenance of any such road or sections of roads in the area annexed to the city or town, thereby relieving the counties of this obligation. Therefore, an emergency is declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 996, § 4: July 1, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present formula for funding the State Aid Road Fund is inadequate; that this Act prescribes a more adequate funding formula and should be given effect at the beginning of the next fiscal year; that the next fiscal year begins July 1, 1985, and unless this Emergency Clause is adopted, this Act probably will not go into effect until after July 1, 1985. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1985.”

Acts 1987, No. 863, § 6: Apr. 13, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1037 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 244, § 5: Feb. 26, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is an urgent need for a periodic expansion of the state aid road system; that the current law limits the system to a total mileage of ten thousand (10,000) miles; that this act is designed to increase the maximum total mileage in the system and should be given effect immediately. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 1028, § 9: Apr. 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that existing highway user revenue sources do not provide sufficient funds for the necessary maintenance, repair, construction and reconstruction of state highways, county roads and municipal streets; that there is an immediate and urgent need for adequate state highways, county roads and municipal streets; that the continued economic expansion and growth of this state will be jeopardized if an adequate system of state highways, county roads and municipal streets is not provided; and that only by the immediate passage of this act may such vitally needed additional funds be provided to solve these problems. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1186, § 2: Apr. 9, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that moneys available in the State Aid Road Fund are necessary for the restoration and repair of county bridges and roads which are destroyed or extensively damaged by natural disasters, including those occurring after December 1, 2002. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-72-301. Definitions.

As used in this subchapter, unless the context otherwise requires:

  1. “Betterment” means any construction or reconstruction on a state aid-designated road which results in an improvement which exceeds or equals any previous improvement whether or not the previous improvement was financed in part or in whole through the provisions of this subchapter;
  2. “Construction”, “reconstruction”, or “improvement” means any proposal submitted by a county court which meets the definition of betterment as opposed to maintenance;
  3. “Maintenance” means any act of work which maintains the improvement in serviceable condition;
  4. “State aid”, by way of funds to be expended on state aid roads, means any sum or sums provided by the General Assembly to supplement funds furnished by the several counties for the purpose of constructing, improving, widening, straightening, surfacing, or reconstructing roads on the state aid system and shall be available to the several counties in a proportion to be fixed and determined by law; and
  5. “State aid roads” means that classification of county roads, including bridges and ferries, composing the major collector and minor collector routes feeding into local trade areas or into the state highway system, which are not designated as state highways, and particularly those essential to the conservation and development of natural resources, of economic and social value and encouraging desirable land utilization, having in addition one (1) or more of the following characteristics:
    1. They extend to the larger communities, including all incorporated towns;
    2. They connect with roads of major importance in adjoining counties;
    3. They connect with the state highways to form a complete network of main feeder roads;
    4. They carry heavy volumes of traffic serving major business and agricultural interests of the county; and
    5. They collect traffic at reasonable intervals from several local roads.

History. Acts 1973, No. 445, §§ 6, 7, 14; 1975, No. 607, § 4; 1975 (Extended Sess., 1976), No. 1037, § 3; A.S.A. 1947, §§ 76-452, 76-453, 76-460; reen. Acts 1987, No. 863, § 3.

A.C.R.C. Notes. Part of this section was reenacted by Acts 1987, No. 863, § 3. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

27-72-302. Establishment — Scope.

  1. There is established a system of state aid roads in each county consisting of the major collector and minor collector routes not on the state highway system feeding into local trade areas or into the state highway system and providing a program for the construction and improvement of state aid roads.
  2. There is set up for designation by cooperative action of the state and counties a state aid system of roads, as classified and defined in this subchapter, which system shall be designated by the several county judges of their respective counties with the consent and approval of the state aid engineer and the State Highway Commission to a total mileage not in excess of fifteen thousand (15,000) miles, including any municipal streets, and initially established at five thousand (5,000) miles, which five thousand (5,000) miles shall include all county roads on the federal-aid secondary road system. The system will periodically be expanded in one thousand-mile increments after the initial five thousand-mile system has been established.
  3. Nothing in this subchapter shall be construed to deprive or diminish the powers and duties of the county judge of any county in the exercise of his constitutional control over county roads.

History. Acts 1973, No. 445, §§ 5, 7; A.S.A. 1947, §§ 76-451, 76-453; Acts 1993, No. 244, § 1.

27-72-303. Division of State Aid Road Construction.

There is created within the Arkansas Department of Transportation a division to be called the Division of State Aid Road Construction.

History. Acts 1973, No. 445, § 8; A.S.A. 1947, § 76-454; Acts 2017, No. 707, § 415.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-72-304. State aid engineer.

  1. The Division of State Aid Road Construction of the Arkansas Department of Transportation shall be headed by a state aid engineer.
  2. The state aid engineer shall be a registered engineer with at least three (3) years experience as a county road or highway engineer and a thorough knowledge of rural road problems.
  3. The state aid engineer under the direction of the Arkansas Department of Transportation shall have the following powers and duties:
    1. To advise with the county judges of the several counties on all matters of policy, use of funds, uniform standards for state aid roads, safeguards in accounting methods, and other related matters and to cooperate with the several county judges on all matters connected with the laying out and construction of the state aid system of county roads;
    2. To promulgate uniform and reasonable rules and regulations as he or she may deem necessary to effectuate a proper designation of state aid roads to be constructed in each county, the methods for determining priority of construction, the making of surveys, and the preparation of plans and specifications for the construction of state aid roads;
    3. To provide a uniform system of accounting in the expenditure of state aid road funds;
    4. To prepare and promulgate practical uniform design standards and specifications for the construction of state aid roads in such a way as to get the most miles for each dollar, with the prime consideration being to provide economical, utilitarian paved roads suitable for rural needs, not to accommodate relatively large amounts of traffic or to be designed for high speed transportation. These uniform design standards and specifications may be modified or amended from time to time as the state aid engineer deems necessary;
    5. To advise and cooperate with the county judges in the selection and designation of the county roads which are to be made a part of the state aid road system, as provided for in this subchapter, and to approve or disapprove the selection of roads to be made a part of the state aid road system by the respective county judges;
    6. To prepare and to submit to the State Highway Commission all proposed contracts to be let for the construction or reconstruction of state aid roads, but before submitting the contracts to the commission, he or she shall submit them to the county judge of the county in which the work is to be performed in order that the county judge may determine that they include, in all respects, the work the county desires to be done in the county to be paid from its share of state aid funds; and
    7. To personally, or through his or her designated assistants, supervise and inspect all state aid road projects as the work progresses. Upon final completion of any project, the state aid engineer shall cause a final inspection to be made of the project for the purpose of determining whether the project has been completed satisfactorily in accordance with the plans and specifications, and if satisfactorily completed, he or she shall approve payment of the final estimate on the project. No progress or final estimate either on a contract or a force account project shall be paid unless approved in such manner by the state aid engineer, and on all contracts or force accounts projects a percentage of ten percent (10%) of each estimate thereon paid shall be retained until final acceptance of such project.
    1. The state aid engineer shall be subject to the direction of the department.
    2. However, both the state aid engineer and the department shall be bound by the provisions of this section.

History. Acts 1973, No. 445, §§ 8, 9; A.S.A. 1947, §§ 76-454, 76-455; Acts 2017, No. 457, §§ 1-3; 2017, No. 707, § 416.

Amendments. The 2017 amendment by No. 457 deleted “to be appointed by and to serve at the pleasure of the State Highway Commission” at the end of (a); substituted “department” for “commission” in the introductory language of (c); redesignated (d) as (d)(1) and (d)(2); substituted “department” for “commission” in (d)(1) and (d)(2); and, in (d)(2), substituted “However” for “provided” and “of this section” for “hereof”.

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-72-305. State Aid Road Fund.

    1. There is created in the State Treasury a fund to be known as the State Aid Road Fund, to which the Treasurer of State shall transfer one hundred percent (100%) of the revenues credited to the State Highway Special Construction Account of the State Highway and Transportation Department Fund each month until an aggregate total of thirteen million dollars ($13,000,000) each fiscal year is so transferred, there to be used for construction, reconstruction, and improvements of the state aid road system.
      1. For the fiscal year beginning July 1, 2000, the limitation on the transfer of funds in this subsection (a) shall be increased to fifteen million dollars ($15,000,000);
      2. For the fiscal year beginning July 1, 2001, the limitation on the transfer of funds in this subsection (a) shall be increased to seventeen million dollars ($17,000,000);
      3. For the fiscal year beginning July 1, 2002, the limitation on the transfer of funds in this subsection (a) shall be increased to nineteen million dollars ($19,000,000); and
      4. For the fiscal year beginning July 1, 2003, and for all fiscal years thereafter, there shall be no limitation on the transfer of funds to the State Aid Road Fund.
    1. All revenues deposited in the State Aid Road Fund shall be apportioned to each county as prescribed in § 27-72-309 for the distribution of mileage on the state aid road system among the various counties.
    2. The apportioned funds shall remain for a period of two (2) years from the date they are apportioned.
    3. Any unused funds shall be returned to the State Aid Road Fund for redistribution in accordance with the above formula.
    4. For a county to receive these funds, they must be matched in the ratio of ninety percent (90%) state aid road funds to not less than ten percent (10%) county matching funds, and the county must comply with all provisions of this subchapter.

History. Acts 1973, No. 445, § 13; 1975, No. 607, § 3; 1975 (Extended Sess., 1976), No. 1037, § 2; 1983, No. 467, § 1; 1985, No. 996, § 1; A.S.A. 1947, § 76-459; reen. Acts 1987, No. 863, § 2; Acts 1993, No. 670, § 1; 1999, No. 1028, § 5.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 2. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Publisher's Notes. Acts 1999, No. 1028, § 1 provided:

“This act may be referred to and cited as the ‘Arkansas Distillate Special Fuel Excise Tax Act of 1999’ and the ‘Motor Fuel Excise Tax Act of 1999’.”

Cross References. State Highway Special Construction Account, § 27-70-103.

27-72-306. County Supplement Fund Account.

In the event that any county desires to provide funds in excess of the minimum matching requirements as provided in § 27-72-305, the Treasurer of State shall credit the amount above matching requirements to the County Supplement Fund Account of the State Aid Road Fund, there to be used as provided by law.

History. Acts 1973, No. 445, § 21; A.S.A. 1947, § 76-459.1.

27-72-307. Expenses paid prior to allocation.

The salaries of the state aid engineer, his or her assistants, and all other employees of the Division of State Aid Road Construction, as well as all other expenses incurred by the Division of State Aid Road Construction in carrying out the provisions of this subchapter, shall be paid from the State Aid Road Fund in the State Treasury prior to allocation to the several counties.

History. Acts 1973, No. 445, § 8; A.S.A. 1947, § 76-454.

27-72-308. Eligibility for state aid — Notice.

  1. Before any county shall be eligible to receive the benefits of the provisions of this subchapter, the county, through its county judge, shall agree to comply with the terms, provisions, and limitations of this subchapter.
  2. When any county shall have met the requirements of this subchapter and shall have become eligible for state aid, the state aid engineer, as soon as practicable, shall notify such county in writing of such eligibility and that its proportionate part of any state funds allocated to the county for state aid may be utilized for construction on the state aid system in the manner provided in this subchapter.

History. Acts 1973, No. 445, §§ 5, 11; A.S.A. 1947, §§ 76-451, 76-457.

27-72-309. Allocation of state aid.

  1. State aid roads in the several counties shall receive state aid in the manner and under the terms and conditions set out in this subchapter.
  2. The state aid system shall be allocated to the several counties of the state on a mileage basis in the following proportions:
    1. Fifty percent (50%) to be divided equally among the seventy-five (75) counties;
    2. Twenty-five percent (25%) to be divided in the proportion that the area of each county bears to the area of the state; and
    3. Twenty-five percent (25%) to be divided in the proportion that the rural population of each county bears to the rural population of the state as shown by the most recent federal decennial census.

History. Acts 1973, No. 445, § 7; A.S.A. 1947, § 76-453.

27-72-310. Contracts for work to be performed.

  1. All proposals covering work to be performed on state aid roads in each county in this state shall be under contract let and approved by the State Highway Commission upon a request from the county judge of the county and in accordance with the procedures prescribed in § 27-67-206, and other laws of this state pertaining to contracts for the construction of state highways, which laws shall be equally applicable to all contracts let by the commission for the construction of state aid roads under this subchapter.
  2. The county judge of any county is authorized to submit bids for work to be performed on state aid roads under the provisions of this subchapter, and nothing contained herein shall be construed to limit or restrict the right of a county judge to submit bids for work to be performed by county forces so long as the bids are in accordance with procedures prescribed in § 27-67-206, and the aggregate cost thereof does not exceed two hundred thousand dollars ($200,000).

History. Acts 1973, No. 445, § 12; 1985, No. 996, § 2; A.S.A. 1947, § 76-458; Acts 1997, No. 1091, § 1; 2007, No. 164, § 1; 2013, No. 299, § 1.

Amendments. The 2007 amendment substituted “one hundred sixty-five thousand dollars ($165,000)” for “one hundred fifteen thousand dollars ($115,000)” in (b).

The 2013 amendment substituted “two hundred thousand dollars ($200,000)” for “one hundred sixty-five thousand dollars ($165,000)” in (b).

27-72-311. Conditions for use of state aid.

Any county shall be entitled to receive state aid and to expend state aid moneys in conjunction with moneys furnished by said county on state aid roads in such county on projects approved for construction in such county provided:

  1. The state aid system in the county has been designated and approved as provided in this subchapter;
    1. The county has employed a county engineer who is a professional engineer as defined in § 17-30-101 to act on behalf of the county as a whole.
    2. If a county judge is a professional engineer as defined in § 17-30-101, the county judge may perform the duties provided in this section for the county engineer.
    3. A county may contract with the Arkansas Department of Transportation for engineering services instead of employing a county engineer.
    4. The cost of employing a county engineer or contracting with the department for engineering services is paid from the county road funds of the county and is not payable from the County Aid Fund.
    5. Engineering costs on federal-aid projects may be included as a cost item of the projects;
  2. An annual program shall have been filed by the county with the Division of State Aid Road Construction and approved by the state aid engineer and in accordance with the uniform design standards and specifications set up by the state aid engineer. However, the program may be modified or revised in whole or in part by the state aid engineer, with the agreement of the county involved; and
  3. The county has complied with all rules and regulations promulgated by the state aid engineer.

History. Acts 1973, No. 445, § 10; A.S.A. 1947, § 76-456; Acts 2011, No. 897, § 19; 2017, No. 707, § 417.

Amendments. The 2011 amendment substituted “a professional engineer as defined in § 17-30-101” for “a registered professional engineer” in (2)(A) and (2)(B); and, in (2)(D), substituted “the department” for “the Arkansas State Highway and Transportation Department” and “County Aid Fund” for “County Road Aid Fund.”

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (2)(C).

27-72-312. Use of state aid.

  1. Funds deposited in the State Aid Road Fund shall be used exclusively for the construction, reconstruction, and improvements of roads on the state aid road system, except as otherwise provided in this subchapter.
  2. Not more than twenty-five percent (25%) of a county's allotment from the fund shall be used for the purposes of resealing.
  3. No funds shall be spent hereunder on any project which shall not culminate directly in a paved hard-surfaced road.
  4. No such funds shall be used for maintenance of state aid roads.
  5. All fund expenditures hereunder shall be made after publication of notice to bidders of the date for final reception of bids and the address at which specifications can be acquired. After a public opening of the bids thereon, all contracts shall be awarded to the lowest and best bidder.

History. Acts 1973, No. 445, § 14; 1975, No. 607, § 4; 1975 (Extended Sess., 1976), No. 1037, § 3; A.S.A. 1947, § 76-460; reen. Acts 1987, No. 863, § 3.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 3. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Publisher's Notes. Acts 1983, No. 108 established a procedure by which, during the 1983 and 1984 fiscal years, certain state aid road funds could be used by counties suffering from the December 1982 flooding disaster to help them to provide sufficient matching funds to obtain federal disaster relief.

27-72-313. Use of federal-aid secondary road funds.

  1. Each year, fifty percent (50%) of all federal-aid secondary road funds allocated to this state shall be set aside by the State Highway Commission for use on county secondary road projects on the federal-aid secondary roads that are included in the state aid road system.
  2. County funds are to be matched in accordance with the applicable federal law relative thereto.
  3. No federal-aid secondary funds shall be used to match any revenue-sharing funds appropriated hereunder.
  4. Federal-aid secondary road funds that are not committed for use on county secondary federal-aid road projects during any current two-year period shall revert to, and may be used by, the Arkansas Department of Transportation on state secondary highways.

History. Acts 1973, No. 445, § 14; 1975, No. 607, § 4; 1975 (Extended Sess., 1976), No. 1037, § 3; A.S.A. 1947, § 76-460; reen. Acts 1987, No. 863, § 3; 2017, No. 707, § 418.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 3. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (d).

27-72-314. Disaster counties.

    1. It is the intent and purpose of this section to make available moneys in the State Aid Road Fund to the credit of disaster counties to be used to restore and repair county bridges or roads which are destroyed or which have suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, and to provide, together with county funds, the necessary matching moneys required to enable the disaster counties to obtain federal disaster relief funds for the projects.
    2. Only counties designated by the appropriate federal or state official as disaster counties for public assistance shall be authorized to use moneys in the fund under the matching provisions and for the purposes set forth in this section.
    3. All other moneys deposited in the fund shall be used solely on the matching basis and for the purposes set forth in §§ 27-72-301, 27-72-305, 27-72-312, 27-72-313, and 27-72-315.
    1. Notwithstanding the provisions of §§ 27-72-301, 27-72-305, 27-72-312, 27-72-313, and 27-72-315, a county that has been determined by the appropriate federal or state official as being a disaster county for public assistance due to tornadoes, excessive rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, shall be eligible to receive state aid road funds credited to the account of the disaster county on a basis of ninety percent (90%) state aid road funds to not less than ten percent (10%) county matching funds.
    2. Funds distributed to a disaster county under the special matching provisions of this subsection shall be used solely for the restoration or repair of county bridges or roads destroyed or which suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads.
  1. In addition to the uses provided for in subsection (b) of this section, funds distributed to a disaster county under the matching provisions of this section may be used to provide the necessary matching funds required to match federal disaster relief funds available for the restoration or repair of county bridges or roads which are destroyed or extensively damaged as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads.

History. Acts 1985, No. 255, §§ 1-3; A.S.A. 1947, §§ 76-472 — 76-474; Acts 2003, No. 83, § 1; 2003, No. 1186, § 1.

27-72-315. Rights-of-way — Exception.

  1. All rights-of-way required on state aid road projects shall be acquired by the county, and any cost of rights-of-way shall not be considered a part of the cost of any project contemplated by this subchapter.
  2. The costs of reconstructing fencing, and the construction of property access passages shall not be considered as rights-of-way costs but shall be considered as a component of project cost.

History. Acts 1973, No. 445, § 14; 1975, No. 607, § 4; 1975 (Extended Sess., 1976), No. 1037, § 3; A.S.A. 1947, § 76-460; reen. Acts 1987, No. 863, § 3.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 3. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

27-72-316. Road maintenance by county — Failure to maintain.

  1. It shall be the duty of each county to properly maintain all state aid roads in their respective counties after construction of any such roads with state aid moneys.
    1. If essential maintenance is not properly and regularly carried on, in the opinion of the state aid engineer, then notice thereof shall be given in writing to the county judge in default.
    2. If maintenance is not done and continued within sixty (60) days from date of notice, then the state aid engineer may proceed to have done the necessary maintenance and repair work on the road and charge the work to any funds in the State Aid Road Fund in the State Treasury allocated to the county.
    3. If failure to maintain continues, then the county shall be no longer eligible for state aid until proper maintenance is resumed by it. Notice of withdrawal of state aid shall be duly given the Auditor of State and Treasurer of State. However, such ineligibility shall not affect payment from the State Aid Road Fund of progress and final estimates on contracts awarded prior to notice of ineligibility.
  2. When any county road, or sections of county roads constructed under the provisions of this subchapter, as amended, is within an area annexed to any first or second-class city or incorporated town, the county shall thereafter be relieved of the responsibility for maintaining the road or sections of roads as required in this subchapter, and the responsibility for maintenance thereof shall be transferred, at the time of annexation, to the annexing city or incorporated town.
  3. Whenever any county is ineligible for state aid under the provisions of this subchapter for a continuous period of five (5) years, then the county shall forfeit and no longer be entitled to any part of the funds in the State Aid Road Fund theretofore allocated to it. The balance of such funds as theretofore allocated to it shall be reallocated pro rata among all other eligible counties in the same relative proportions as those specified for distribution of funds to the respective counties.

History. Acts 1973, No. 445, § 15; 1985, No. 553, § 1; A.S.A. 1947, § 76-461.

27-72-317. County Road Construction and Maintenance Revolving Fund.

  1. There is created and established on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State, in the State Treasury, a fund to be designated and known as the County Road Construction and Maintenance Revolving Fund, the exclusive jurisdiction for the administration of which is vested in the Chief Fiscal Officer of the State, subject, however, to the limitations, conditions, uses, and purposes hereinafter prescribed.
  2. For each fiscal year, the Treasurer of State and Auditor of State, from time to time shall transfer upon their books of record, upon certification by the Chief Fiscal Officer of the State, from the Budget Stabilization Trust Fund to the County Road Construction and Maintenance Revolving Fund, sums of money as may be required to accomplish the purposes of this act. In no event and at no time shall the accumulative transfers in the total exceed the sum of two million five hundred thousand dollars ($2,500,000).

History. Acts 1975, No. 607, § 1; A.S.A. 1947, § 76-461.1.

Meaning of “this act”. Acts 1975, No. 607, codified as §§ 27-72-301, 27-72-305, 27-72-312, 27-72-313, 27-72-315, 27-72-31727-72-319.

27-72-318. County highway revenue estimates.

  1. For each fiscal year, it shall be the duty of the Chief Fiscal Officer of the State to prepare and file quarterly statements setting forth an estimate of the total amount of highway revenues and other state revenues made available by Act 445 of 1973, and all other laws providing state resources for and to county governments for road construction, improvements, and betterments made within the spirit of Act 445 of 1973, for the express use of the several counties of the state and apportioned to the several counties during the then-fiscal year, with the statements to be prepared and filed on or before July 10, October 10, January 10, and April 10 of the fiscal year.
  2. Each statement shall be designated and known as the “Official Estimate of County Highway Revenues Distribution” for the then-current fiscal year, and copies shall be filed with the Chief Fiscal Officer of the State, the Auditor of State, the Treasurer of State, and each of the several county courts.
  3. In addition to the estimate of the total amounts of county road funds by legislated source categories to be collected and apportioned, the Chief Fiscal Officer of the State shall incorporate in each official estimate a listing of all counties and an estimate of the amount of county road funds by legislated source category to be credited to each county under the current provisions of the Revenue Stabilization Law, § 19-5-101 et seq.
  4. In preparing each official estimate of county highway revenues distribution, the Chief Fiscal Officer of the State shall begin with a basic amount arrived at in the manner hereinafter prescribed. To this amount he or she shall add or from this amount he or she shall subtract his or her estimate of such net increase or net decrease in county road funds as may be affected by various factors, as determined by the Chief Fiscal Officer of the State, including, but not limited to, changes in the laws pertaining to tax rates and exemptions, administration of tax laws, and distribution of revenues. The basic amount of county road funds shall be ascertained as follows:
    1. The July estimate shall be the amount of the next-preceding fiscal year's county road funds, increased or decreased by that certain percentage determined by the average of percentage changes in the amount of the total county road funds by legislated source category of each of the three (3) preceding fiscal years in relation to its preceding fiscal year; and
    2. The October, January, and April estimates shall be the total amount of county road funds by legislated source category collected in the preceding months of the then-current fiscal year plus the total amount of county road funds by legislated source category collected in all of the other months of the preceding fiscal year, increased or decreased by that certain percentage determined by the average of percentage changes in the collections during all other months of each of the three (3) preceding fiscal years in relation to the same other months of its preceding fiscal years.

History. Acts 1975, No. 607, § 2; 1975 (Extended Sess., 1976), No. 1037, § 1; A.S.A. 1947, § 76-461.2; reen. Acts 1987, No. 863, § 1.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 1. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Publisher's Notes. Act 445 of 1973, referred to herein, is codified as §§ 26-55-205, 26-56-201, 27-70-103, 27-70-205, 27-72-30127-72-313, 27-72-315, and 27-72-40127-72-411.

27-72-319. Advance transfers from revolving fund — In general.

  1. Moneys at any time in the County Road Construction and Maintenance Revolving Fund shall be available to the Chief Fiscal Officer of the State only for the purposes of making advance transfers to the several county highway funds, state aid road funds, federal-aid secondary road funds, and all other provisions of county road construction assistance which may be enacted by the General Assembly and governed by the Revenue Stabilization Law, § 19-5-101 et seq.
  2. The Chief Fiscal Officer of the State shall be guided by §§ 27-72-320 and 27-72-321, with respect to the making of advance transfers of moneys from the County Road Construction and Maintenance Revolving Fund to other State Treasury funds or fund accounts which, under the provisions of this section, are eligible to receive advances.

History. Acts 1975, No. 607, § 2; 1975 (Extended Sess., 1976), No. 1037, § 1; A.S.A. 1947, § 76-461.2; reen. Acts 1987, No. 863, § 1.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 1. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

27-72-320. Advance transfers to county highway funds — Definition.

    1. Advance transfers may be made to each of the several county highway funds from time to time during the fiscal year in amounts as may be requested by the several county courts and approved by the Chief Fiscal Officer of the State.
    2. The purpose of advance transfers as herein provided includes, but is not limited to, establishing a more consistent monthly revenue accruing to each of the several county highway funds when combining county highway aid with all other sources of county highway fund revenues and providing advance transfers for the purchase of capital equipment and materials utilized in county road construction and maintenance.
    3. However, the aggregate total amount of all transfers to each of the several respective county highway funds during any calendar quarter shall not exceed twenty-five percent (25%) of the estimated total amount of county highway aid funds to be credited to the respective fund for the current fiscal year, based on the then-current official estimate of county highway fund distribution.
    4. In the event no advance transfer to the respective county highway funds is required by a respective county court, the county court shall be permitted to designate the dollar amounts and sequence of payments made to the respective county from the funds apportioned through the provisions of the State Apportionment Fund.
    1. The full amount of all advance transfers made during any fiscal year under subsection (a) of this section shall be repaid during the same fiscal year by transferring moneys in equal payments to the County Road Construction and Maintenance Revolving Fund from moneys designated as county highway aid funds for each respective county receiving advance transfers. Should any condition of circumstance arise wherein the unencumbered cash balance in each respective county highway aid fund account maintained by the Treasurer of State at the end of the fiscal year is insufficient to repay the full amount of the balance owing the County Road Construction and Maintenance Revolving Fund, then the entire unencumbered cash balance in each respective county highway fund account shall be transferred to the County Road Construction and Maintenance Revolving Fund. The balance of any amounts then owing the County Road Construction and Maintenance Revolving Fund by a respective county shall be repaid from the first moneys thereafter credited to that county as county highway aid funds from the State Apportionment Fund. There shall be no exception to this mandate.
    2. For purposes of subsection (a) of this section, the term “unencumbered cash balance” means the respective fund account balance of each of the several counties as reflected by the Treasurer of State's records, less the amount of all warrants legally chargeable to such accounts which are, at the time, outstanding and unpaid.
  1. The interfund transfers authorized to be made under subsection (a) of this section shall be made by the Treasurer of State upon certification of the Chief Fiscal Officer of the State at the request of each of the several county courts.
    1. Advance transfers pursuant to subsection (a) of this section may be made to each of the several counties as may be requested by the several county courts and approved by the Chief Fiscal Officer of the State.
    2. Advance transfer requests shall be duly recorded as county court orders in each of the respective counties requesting advance transfers and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State.
    3. Advance transfer requests may be filed only during the thirty-day period next succeeding the date of delivery of the tax books to the county collector, the beginning of a state fiscal year, and the third Monday in November of each year.
    4. The court order shall include a certification by the county court that the official revenue estimate as provided for in § 27-72-318 has been duly filed and recorded.
    5. For each calendar year, it shall be the duty of the county court of each of the several counties requesting advance transfers under the provisions of subsection (a) of this section to prepare and file annual statements setting forth therein an estimate of the total amount of county highway revenues and general fund revenues anticipated to accrue to each respective fund during the then-current calendar year or any part thereof.
    6. These statements shall be designated and known as the official estimates of county general and county highway fund accrual, and a copy shall be recorded with the county clerk.
    7. In addition to the estimates of the total revenue amounts anticipated to accrue to each respective fund, the county court shall incorporate in each official estimate a listing of all revenue sources and the dollar amounts anticipated to accrue from each source by month of the calendar year.
    8. The listing of revenue sources shall include, but not be limited to, ad valorem tax revenues, collector's commissions, treasurer's commissions, assessor's fund, fees, court fines and costs, state aid, and federal revenue-sharing.
    9. Monthly estimates shall be based on an analysis of the three (3) annual calendar year periods next preceding the current calendar year period.

History. Acts 1975, No. 607, § 2; 1975 (Extended Sess., 1976), No. 1037, § 1; A.S.A. 1947, § 76-461.2; reen. Acts 1987, No. 863, § 1; 2011, No. 780, § 11.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 1. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2011 amendment substituted “County Road Construction and Maintenance Revolving Fund” for “Road Revolving Fund” or variant in three places in (b)(1).

27-72-321. Advance transfers to county special purpose road accounts.

    1. Advance transfers may be made from time to time during the fiscal year to each of the several county special purpose road accounts maintained by the Treasurer of State.
    2. Special purposes road accounts, as used in this section, shall include any and all county road construction provisions enacted by the General Assembly requiring a specified level of local, county, and cost matching funds, and shall include state aid road funds, federal-aid secondary road funds, and all other provisions of county special purpose road construction assistance which may be enacted by the General Assembly.
    3. Advance transfers may be made from time to time in such amounts as may be respectively requested by each of the several county courts.
    4. Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State.
    5. Requests shall be accompanied by a certified copy of all initiated contractual documentation or grant-in-aid award documentation required by the provisions of the applicable special purpose road construction assistance enacted by the General Assembly for which the advance transfer is requested.
    6. The contractual documentation or grant-in-aid award documentation shall specify the total dollar amount of the contract or award, the effective date of the contractual document, and the estimated date of termination or completion of all work specified in the contract or award.
    7. However, the aggregate amount of all advance transfers to each of the respective special purpose road construction accounts during any fiscal year shall not exceed fifty percent (50%) of the estimated total amount of county highway aid funds to be credited to each respective county for the current fiscal year, based on the then-current annual official estimate of county highway revenue distribution.
    1. The full amount of all advance transfers authorized under subsection (a) of this section shall be repaid to the County Road Construction and Maintenance Revolving Fund in equal monthly installments from highway revenue moneys designated as county aid funds from the State Apportionment Fund for each of the respective counties receiving advance transfers.
    2. The repayment period may transcend one (1) or more fiscal years or one (1) or more calendar years. However, the full amount of all advance transfers authorized under subsection (a) of this section shall be repaid during the term of office of each of the respective county judges requesting such advance transfers as the county court of each of the several counties; all such transfers shall be repaid during the then-current appropriation biennium of the General Assembly.
    3. There shall be no exception to this mandate.
  1. The interfund transfers authorized to be made under subsection (a) of this section shall be made by the Treasurer of State upon certification of the Chief Fiscal Officer of the State at the request of each of the several county courts.
    1. Advance transfers, pursuant to § 27-72-320(a), may be made from time to time and in such amounts as may be respectively requested by each of the several county courts.
    2. Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State.

History. Acts 1975, No. 607, § 2; 1975 (Extended Sess., 1976), No. 1037, § 1; A.S.A. 1947, § 76-461.2; reen. Acts 1987, No. 863, § 1; 2011, No. 780, § 12.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 863, § 1. Acts 1987, No. 834 provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2011 amendment substituted “County Road Construction and Maintenance Revolving Fund” for “Revolving Fund” in (b)(1).

Subchapter 4 — State Aid Streets

Preambles. Acts 1981, Nos. 363 and 522 contained identical preambles which read:

“Whereas, Federal Revenue Sharing funds coming to the State of Arkansas, pursuant to the State and Local Fiscal Assistance Act of 1972, P.L. 92-512, as amended, have been terminated by Congress; and

“Whereas, such Congressional action has thereby terminated future additional funding from revenue sharing sources for the State Aid Street Program; and

“Whereas, the prompt release of outstanding uncommitted ‘revenue sharing funds’ in the State Aid Street Account for use in general street improvement and repair will be economic and efficient for the municipalities as a step toward the amelioration of their very burdensome problems in the construction and upkeep needs for their street programs;

“Now, therefore….”

Effective Dates. Acts 1975, No. 982, § 4: July 1, 1975. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two-year period; that the effectiveness of this Act on July 1, 1975, is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1975, could work irreparable harm upon the proper administration and providing of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1975.”

Acts 1977, No. 241, § 5: Feb. 24, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that in order to clarify the disposition of funds provided under the State and Local Fiscal Assistance Act of 1972, P.L. 92-512, as amended, by P.L. 94-488, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be full force and effect from and after its passage and approval.”

Acts 1977, No. 809, § 6: Mar. 28, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly that in order to clarify the disposition of funds provided under the State and Local Fiscal Assistance Act of 1972, P.L. 92-512, as amended, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1977 (1st Ex. Sess.), No. 23, § 5: Aug. 15, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly meeting in Special Session, that in order to clarify the allocation, distribution and use of Federal General Revenue Sharing moneys received by the State of Arkansas as are provided by the State and Local Fiscal Assistance Act of 1972, as amended, the immediate passage and adoption of this Act is necessary. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1977 (1st Ex. Sess.), No. 24, § 6: Aug. 15, 1977. Emergency clause provided: “It is hereby found and determined by the Seventy-First General Assembly, meeting in an Extraordinary Session, that the immediate passage of this Act is necessary in order to make funds available to the State Aid Street Program. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 199, § 6: Feb. 21, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that the immediate passage of the Act is necessary in order to make funds available to the State Aid Street Program. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 363, § 3: Mar. 9, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that the immediate passage of this Act is necessary in order to make funds available to the municipalities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 522, § 3: Mar. 16, 1981. Emergency clause provided: “It is hereby found and determined by the Seventy-Third General Assembly that the immediate passage of this Act is necessary in order to make funds available to the municipalities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2011, No. 1032, § 3: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that city streets are in an extreme state of disrepair, particularly in rural municipalities; that municipalities are without an adequate program or adequate funding to allow for significant, long-term, corrective action to repair their streets; and that this act is necessary to initiate a program of remediation for municipal streets with the involvement and consent of the Arkansas State Highway and Transportation Department so that municipalities can increase the prospects of economic and social development across the state by improving their streets. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

27-72-401. Definitions.

As used in this subchapter:

  1. “Betterment” means any construction or reconstruction on a state aid-designated street that results in an improvement that exceeds or equals any previous improvement whether or not the previous improvement was financed in part or in whole through the provisions of this subchapter;
    1. “Construction” means any proposal submitted by a municipality that meets the definition of betterment as opposed to maintenance.
    2. “Construction” includes reconstruction or improvement;
  2. “Maintenance” means any act of work that maintains the improvement in serviceable condition;
  3. “Municipality” means a city of the first class, a city of the second class, or an incorporated town;
    1. “State aid” means funds to be expended on state aid streets and includes any sum or sums provided by the General Assembly to supplement funds furnished by the several municipalities for the purpose of constructing, improving, widening, straightening, surfacing, or reconstructing streets or bridges on the state aid system.
    2. “State aid” shall be available to the several municipalities in a proportion to be fixed and determined by law; and
    1. “State aid streets” means the classification of municipal streets composing the major and minor arterial and collector routes feeding into local trade areas or into the state highway system that are not designated as state highways.
    2. “State aid streets” include those routes that:
      1. Are particularly essential to the conservation and development of economic and social value;
      2. Encourage desirable land utilization; and
      3. Have in addition one (1) or more of the following characteristics:
        1. Extend to communities within or beyond the municipality;
        2. Connect with roads of major importance to municipalities or to counties;
        3. Connect with state highways to form a complete network of main feeder roads;
        4. Carry heavy volumes of traffic serving major business interests of the municipality; or
        5. Collect traffic at reasonable intervals from several local streets.
    3. “State aid streets” include bridges and ferries.

History. Acts 1973, No. 445, Title II, § 1, as added by Acts 1975, No. 982, § 1; A.S.A. 1947, § 76-463; Acts 2011, No. 1032, § 2; 2015, No. 303, § 1.

Amendments. The 2011 amendment rewrote the section.

The 2015 amendment substituted “or” for “and” in (6)(B)(iii) (a)

U.S. Code. The Federal-Aid Highway Act of 1973, referred to in this section, is codified as 23 U.S.C. § 101 et seq.

27-72-402. Establishment — Scope.

  1. A system of state aid streets in each municipality is established to:
    1. Consist of the major and minor arterial and collector routes not on the state highway system feeding into local trade areas or into the state highway system; and
    2. Provide a program for the construction and improvement of state aid streets.
    1. A state aid system of streets is established for designation by cooperative action of the state and municipalities, as classified and defined in this subchapter.
    2. This system shall be designated by the several mayors or chief executive officers of the respective municipalities with the consent and approval of the state aid engineer.
  2. This subchapter shall not be construed to deprive or diminish the powers and duties of the mayor or chief executive officer of any municipality in the exercise of his or her constitutional control over municipal streets.

History. Acts 1973, No. 445, Title II, § 1, as added by Acts 1975, No. 982, § 1; A.S.A. 1947, § 76-463; Acts 2011, No. 1032, § 2.

Amendments. The 2011 amendment substituted “Establishment — Scope” for “Coordination with state aid road system” in the section heading; and rewrote the section.

27-72-403. State Aid Division.

There is created in the Arkansas Department of Transportation a division to be known as the “State Aid Division”.

History. Acts 1973, No. 445, Title II, § 7, as added by Acts 1975, No. 982, § 1; A.S.A. 1947, § 76-469; Acts 2011, No. 1032, § 2; 2015, No. 303, § 2; 2017, No. 707, § 419.

Amendments. The 2011 amendment substituted “State Aid Division” for “Prohibited projects” in the section heading; and rewrote the section.

The 2015 amendment deleted “subject to the availability and appropriation of funding” from the end of the section and made stylistic changes.

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-72-404. [Repealed.]

Publisher's Notes. This section, concerning receipt and expenditure of money, was repealed by Acts 2011, No. 1032, § 2. The section was derived from Acts 1973, No. 445, Title II, § 2, as added by Acts 1975, No. 982, § 1; 1977, No. 809, § 1; 1977 (Ex. Sess.), No. 24, § 2; 1979, No. 199, § 2; A.S.A. 1947, § 76-464.

27-72-405. State aid engineer.

  1. The State Aid Division of the Arkansas Department of Transportation shall be headed by a state aid engineer.
  2. The state aid engineer shall be a registered engineer with at least three (3) years' experience as a highway engineer and a thorough knowledge of municipal street problems.
  3. The state aid engineer under the direction of the Arkansas Department of Transportation shall:
    1. Advise the mayors and chief executive officers of the several municipalities on all matters of policy, use of funds, minimum standards for state aid streets, safeguards in accounting methods, and other related matters and cooperate with the mayors and chief executive officers on all matters connected with the layout and construction of state aid streets;
    2. Promulgate uniform and reasonable rules as he or she may deem necessary to:
      1. Effectuate a proper designation of state aid streets to be constructed in each municipality; and
      2. Develop the methods for determining priority of construction, the making of surveys, and the preparation of plans and specifications for the construction of state aid streets;
    3. Provide a uniform system of accounting in the expenditure of moneys from the State Aid Street Fund;
      1. Prepare and promulgate practical uniform design standards and specifications for the construction of state aid streets.
      2. The minimum design standards and specifications may be modified or amended from time to time as the state aid engineer deems necessary; provided, however, that in any municipality with design standards as part of its adopted master street plan, any project proposed as part of the state aid streets program according to those adopted municipal design standards shall be deemed to have met the design standards for state aid streets;
    4. Advise and cooperate with the mayors and chief executive officers:
      1. In the selection and designation of the municipal streets that are to be made a part of the state aid street system, as provided for in this subchapter; and
      2. To approve or disapprove the selection of streets to be made a part of the state aid street system by the respective mayors and chief executive officers;
    5. Prepare and submit to the State Highway Commission all proposed contracts to be let for the construction or reconstruction of state aid streets, but before submitting the contracts to the commission, he or she shall submit them to the mayor or chief executive officer of the municipality in which the work is to be performed so that the mayor or chief executive officer may determine that they include in all respects the work the municipality desires to be done in the municipality to be paid from state aid funds; and
      1. To personally, or through his or her designated assistants, supervise and inspect all state aid street projects as the work progresses.
        1. Upon final completion of any project, the state aid engineer shall cause a final inspection to be made of the project for the purpose of determining whether the project has been completed satisfactorily in accordance with the plans and specifications.
        2. If satisfactorily completed, the state aid engineer shall approve payment of the final estimate on the project.
      2. Progress or final estimate either on a contract or a force account project shall not be paid unless approved in such manner by the state aid engineer.
    1. The state aid engineer shall be subject to the direction of the department.
    2. However, both the state aid engineer and the department shall be bound by the provisions of this section.

History. Acts 1973, No. 445, Title II, § 3, as added by Acts 1975, No. 982, § 1; 1977, No. 809, § 4; A.S.A. 1947, § 76-465; Acts 2011, No. 1032, § 2; 2017, No. 457, §§ 4-6; 2017, No. 707, § 420.

Amendments. The 2011 amendment rewrote the section.

The 2017 amendment by No. 457 deleted “to be appointed by and serve at the pleasure of the State Highway Commission” at the end of (a); and substituted “department” for “commission” in the introductory language of (c) and twice in (d).

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-72-406. Eligibility for state aid — Notice.

  1. Before a municipality is eligible to receive benefits under this subchapter, the municipality through its mayor or chief executive officer shall agree to comply with the terms, provisions, and limitations of this subchapter.
    1. When a municipality meets the requirements of this subchapter and is eligible for state aid, the state aid engineer, as soon as practicable, shall notify the eligible municipality in writing.
    2. The notice shall state that any state funds allocated to the municipality for state aid may be used for construction on the state aid system in the manner provided in this subchapter.

History. Acts 1973, No. 445, Title II, § 4, as added by Acts 1975, No. 982, § 1; 1977, No. 809, § 2; 1977 (1st Ex. Sess.), No. 24, § 3; 1979, No. 199, § 3; A.S.A. 1947, § 76-466; Acts 2011, No. 1032, § 2.

Amendments. The 2011 amendment substituted “Eligibility for state aid — Notice” for “Notice of municipal eligibility” in the section heading; and rewrote the section.

27-72-407. State Aid Street Fund.

  1. There is created in the State Treasury a fund to be known as the “State Aid Street Fund”, there to be used for construction, reconstruction, and improvements of the state aid street system.
    1. All revenues deposited in the fund shall be apportioned to the municipalities as prescribed in § 27-72-413 for the distribution on the state aid street system among the various municipalities.
    2. The apportioned funds shall remain for a period of two (2) years from the date they are apportioned.
    3. Any unused funds shall be returned to the fund for redistribution in accordance with § 27-72-413.
      1. For a municipality to receive these funds, the municipality must be matched in the ratio of ninety percent (90%) of moneys from the fund to not less than ten percent (10%) municipal matching funds for all municipalities with a population in excess of twenty-five thousand (25,000) residents.
      2. For all other municipalities, the state aid street project shall be funded at one hundred percent (100%), and all municipalities receiving moneys from the fund shall comply with the provisions of this subchapter.

History. Acts 1973, No. 445, Title II, § 5, as added by Acts 1975, No. 982, § 1; 1977, No. 241, § 2; 1977 (1st Ex. Sess.), No. 23, § 3; A.S.A. 1947, § 76-467; Acts 2011, No. 1032, § 2; 2015, No. 303, § 3.

Amendments. The 2011 amendment substituted “State Aid Street Fund” for “State Aid Street Account” in the section heading; and rewrote the section.

The 2015 amendment deleted “subject to the availability and appropriation of funding” following “State Treasury” in (a) and made stylistic changes.

27-72-408 — 27-72-410. [Repealed.]

Publisher's Notes. These sections, concerning apportionment and transfer of funds, prerequisite for allocations from account, and expenditure requirements, were repealed by Acts 2011, No. 1032, § 2. The sections were derived from the following sources:

27-72-408. Acts 1973, No. 445, Title II, § 6, as added by Acts 1975, No. 982, § 1; 1977, No. 809, § 3; 1977 (Ex. Sess.), No. 24, § 4; 1979, No. 199, § 4; 1981, No. 363, § 1; 1981, No. 522, § 1; A.S.A. 1947, § 76-468.

27-72-409. Acts 1973, No. 445, Title II, § 6, as added by Acts 1975, No. 982, § 1; 1977, No. 809, § 3; 1977 (Ex. Sess.), No. 24, § 4; 1979, No. 199, § 4; 1981, No. 363, § 1; 1981, No. 522, § 1; A.S.A. 1947, § 76-468.

27-72-410. Acts 1973, No. 445, Title II, § 8, as added by Acts 1975, No. 982, § 1; A.S.A. 1947, § 76-470.

27-72-411. Street maintenance by municipality — Failure to maintain.

  1. It is the duty of each municipality to properly maintain all state aid streets in that municipality after construction of any such streets with state aid moneys.
    1. If, in the opinion of the state aid engineer, essential maintenance is not properly and regularly carried on, notice of the deficiency shall be given in writing to the mayor or chief executive officer.
    2. If maintenance is not initiated within sixty (60) days from date of notice, the state aid engineer may proceed to have the necessary maintenance and repair work on the street performed and charge the work to any funds in the State Aid Street Fund in the State Treasury allocated to that municipality.
      1. If failure to maintain continues, the municipality is no longer eligible for state aid until proper maintenance is resumed by that municipality.
      2. Notice of withdrawal of state aid shall be duly given the Auditor of State and Treasurer of State.
      3. However, such ineligibility shall not affect payment from the fund of progress and final estimates on contracts awarded prior to notice of ineligibility.
  2. When a municipality is ineligible for state aid under the provisions of this subchapter for a continuous period of five (5) years, the municipality shall forfeit and no longer be entitled to any part of the funds in the fund later allocated to it.

History. Acts 1973, No. 445, Title II, § 9, as added by Acts 1975, No. 982, § 1; A.S.A. 1947, § 76-471; Acts 2011, No. 1032, § 2.

Amendments. The 2011 amendment rewrote the section.

27-72-412. Expenses paid prior to allocation.

The pro rata salaries of the state aid engineer, his or her assistants, and all other employees of the State Aid Division of the Arkansas Department of Transportation, as well as all other expenses incurred by the Arkansas Department of Transportation, shall be paid from the State Aid Street Fund in the State Treasury prior to allocation to the several municipalities.

History. Acts 2011, No. 1032, § 2; 2017, No. 707, § 421.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” twice.

27-72-413. Allocation of state aid — State Aid Street Committee established.

  1. State aid streets in the several municipalities shall receive state aid in the manner and under the terms and conditions set out in this section.
  2. The state aid street system shall be allocated to the several municipalities of the state by the State Aid Street Committee.
    1. The committee shall be established to select the state aid street projects for submittal to the state aid engineer for funding and construction pursuant to the provisions of this subchapter.
      1. The committee shall consist of nine (9) mayors to be appointed as follows:
        1. Three (3) mayors appointed by the Governor;
        2. Three (3) mayors appointed by the Speaker of the House of Representatives; and
        3. Three (3) mayors appointed by the President Pro Tempore of the Senate.
      2. The Governor, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate shall each appoint at least one (1) mayor from a municipality with a population in excess of twenty-five thousand (25,000).
      1. Each appointed mayor shall serve a term of four (4) years.
      2. A mayor shall be eligible to serve two (2) full terms of four (4) years on the committee.
      3. Committee members shall serve staggered terms.
      4. Should a mayor selected for the committee leave office before the end of his or her term, the party who made the original nomination shall appoint a successor mayor to serve the remainder of the term.
    2. The committee shall select a chair and a vice chair by majority vote to serve a term of one (1) year.
    3. A quorum is necessary to transact the business of the committee.
    4. The committee shall meet at least two (2) times each calendar year.
  3. The committee may establish a formula or criteria to facilitate the identification and selection of state aid street projects, subject to the approval of the state aid engineer and consistent with the provisions of this subchapter.
  4. All state aid street projects proposed by a municipality shall meet the requirements of §§ 27-72-406, 27-72-415, and 27-72-417 of this subchapter before the committee may consider the projects for submission to the state aid engineer.

History. Acts 2011, No. 1032, § 2; 2015, No. 303, § 4.

A.C.R.C. Notes. Acts 2015, No. 303, § 5, provided:

“Members of the State Aid Street Committee shall serve staggered terms of four (4) years to be determined by lot at a September 2015 meeting and in a manner to result in an equal number of terms expiring each year beginning on December 31, 2015, until fully staggered.”

Amendments. The 2015 amendment inserted “full” in (c)(3)(B); rewrote (c)(3)(C) and (c)(6); and inserted “and a vice chair” in (c)(4).

27-72-414. Contracts for work to be performed.

  1. All proposals covering work to be performed on state aid streets in a municipality in this state shall be:
    1. Under contract let and approved by the State Highway Commission upon a request from the mayor or chief executive officer of the municipality; and
    2. In accordance with the procedures prescribed in § 27-67-206 and other laws of this state pertaining to contracts for the construction of state highways, which shall be equally applicable to all contracts let by the commission for the construction of state aid streets under this subchapter.
    1. The mayor or chief executive officer of a municipality is authorized to submit bids for work to be performed on state aid streets in his or her municipality under the provisions of this subchapter.
    2. This section shall not be construed to limit or restrict the right of a mayor or chief executive officer to submit bids for work to be performed by municipal forces in his or her municipality so long as the bids are:
      1. In accordance with procedures of § 27-67-206; and
      2. The aggregate cost does not exceed one hundred sixty-five thousand dollars ($165,000).

History. Acts 2011, No. 1032, § 2.

27-72-415. Conditions for use of state aid.

A municipality is entitled to receive state aid and to expend state aid moneys in conjunction with moneys furnished by the municipality on state aid streets in the municipality on projects approved for construction in the municipality provided:

  1. The state aid system in the municipality has been designated and approved as provided in this subchapter;
    1. The municipality has employed or retained an engineer who is a registered professional engineer to act for and on behalf of the municipality as a whole.
    2. However:
      1. If any mayor or chief executive officer is a registered professional engineer, the mayor or chief executive officer may perform the duties provided under this section for the municipal engineer; and
      2. A municipality may contract with the Arkansas Department of Transportation for engineering services in lieu of employing or retaining a municipal engineer.
    3. The cost of employing or retaining a municipal engineer or contracting with the department for engineering services shall be paid from the municipal street funds of the municipality and shall not be payable from the State Aid Street Fund.
    4. Engineering costs on federal-aid projects may be included as a cost item of the projects; and
  2. The municipality has complied with all rules promulgated by the state aid engineer.

History. Acts 2011, No. 1032, § 2; 2017, No. 707, § 422.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (2)(B)(ii).

27-72-416. Use of state aid.

  1. Funds deposited in the State Aid Street Fund shall be used exclusively for the construction, reconstruction, and improvements of streets or bridges on the state aid street system, except as otherwise provided in this subchapter.
  2. The funds shall not be spent under this subchapter on any project that shall not culminate directly in a paved hard-surfaced street and the associated nonmotorized facilities that may be required by municipal design standards.
  3. The funds shall not be used for maintenance of state aid streets.
    1. All expenditures from the fund under this subchapter shall be made after publication of:
      1. Notice to bidders of the date for final reception of bids; and
      2. The address at which specifications can be acquired.
    2. After a public opening of the bids, all contracts shall be awarded to the lowest responsible bidder.

History. Acts 2011, No. 1032, § 2.

27-72-417. Rights-of-way — Exception.

    1. All rights-of-way required on state aid street projects shall be acquired by the municipality.
    2. Any cost of rights-of-way or utility relocation shall not be considered a part of the cost of a project contemplated by this subchapter.
  1. The cost of reconstructing fencing and the construction of property access passages shall not be considered as rights-of-way costs but shall be considered as a component of project cost.

History. Acts 2011, No. 1032, § 2.

27-72-418. Municipal highway revenue estimates.

    1. For each fiscal year, the Chief Fiscal Officer of the State shall prepare and file quarterly statements setting forth an estimate of the total amount of highway revenues and other state revenues made available by this subchapter and all other laws providing state resources for and to municipal governments for street construction, improvements, and betterments made within the spirit of this subchapter for the express use of the several municipalities of the state.
    2. The Chief Fiscal Officer of the State shall prepare and file the statement on or before July 10, October 10, January 10, and April 10 of each fiscal year.
    1. Each statement shall be designated and known as the “Official Estimate of Municipal Highway Revenues Distribution” for the then-current fiscal year.
    2. Copies shall be filed with the Chief Fiscal Officer of the State, the Auditor of State, the Treasurer of State, and the Arkansas Municipal League.
    1. In preparing each official estimate of municipal highway revenues distribution, the Chief Fiscal Officer of the State shall begin with a basic amount arrived at in the manner prescribed under this subsection.
    2. The Chief Fiscal Officer of the State shall add or subtract his or her estimate of the net increase or net decrease in municipal street funds as may be affected by various factors, as determined by the Chief Fiscal Officer of the State, including without limitation:
      1. Changes in the laws pertaining to tax rates and exemptions;
      2. Administration of tax laws;
      3. Indexing; and
      4. Distribution of revenues.
    3. The basic amount of municipal street funds shall be ascertained as follows:
      1. The July estimate shall be the amount of the next-preceding fiscal year's municipal street funds, increased or decreased by that certain percentage determined by the average of percentage changes in the amount of the total municipal street funds by legislated source category of each of the three (3) preceding fiscal years in relation to its preceding fiscal year; and
      2. The October, January, and April estimates shall be the total amount of municipal street funds by legislated source category collected in the preceding months of the then-current fiscal year plus the total amount of municipal street funds by legislated source category collected in all of the other months of the preceding fiscal year, increased or decreased by that certain percentage determined by the average of percentage changes in the collections during all other months of each of the three (3) preceding fiscal years in relation to the same other months of its preceding fiscal years.

History. Acts 2011, No. 1032, § 2.

27-72-419. Title.

This subchapter shall be known and may be cited as the “State Aid Streets Law”.

History. Acts 2011, No. 1032, § 2.

Subchapter 5 — State Aid Bridges

Effective Dates. Acts 1989 (3rd Ex. Sess.), No. 24, § 4: Nov. 6, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that counties desperately need additional revenues for constructing, replacing or reconstructing bridges; that this Act authorizes counties to expend State aid road funds for the replacement, construction, or reconstruction of certain bridges; that this Act will provide counties with the means of replacing or reconstructing bridges which are in a dangerous condition; and that this Act should be given effect immediately in order to provide the means of constructing, replacing or reconstructing the bridges as soon as possible. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-72-501. Definition.

For the purposes of this subchapter, the term “reconstruction” shall include not only a complete rebuilding or replacement of a bridge, but shall also include major renovations which will extend the service life of an existing bridge.

History. Acts 1989 (3rd Ex. Sess.), No. 24, § 1.

27-72-502. Approval — Expenditures.

  1. Upon approval of the State Highway Commission, the quorum court, and the county judge, any county may expend state aid road funds, as deposited in the State Aid Road Fund pursuant to § 27-72-305 and as administered pursuant to the policies of the Division of State Aid Road Construction of the State Highway and Transportation Department, as provided in § 27-72-304, for the construction, replacement, or reconstruction of bridges located in incorporated towns with a population of five hundred (500) or less, according to the latest federal census, within the county and may use the state aid road funds as matching funds for state, federal, and local funds available for the replacement, construction, or reconstruction of the bridges, provided such bridges are on highways, roads, or streets in such incorporated towns which are extensions to “state aid roads”, as that term is defined in § 27-72-301.
  2. Such extensions shall not be included in the county's allocated state aid system mileage total. Provided, further, such approval may be granted only on a project-by-project basis.

History. Acts 1989 (3rd Ex. Sess.), No. 24, § 1.

27-72-503. Maintenance.

Maintenance of such facilities, utility adjustments, and right-of-way acquisitions shall be the responsibility of the incorporated town.

History. Acts 1989 (3rd Ex. Sess.), No. 24, § 1.

Chapter 73 Highway Safety

Research References

Am. Jur. 39 Am. Jur. 2d, Highways, § 337 et seq.

C.J.S. 40 C.J.S., Highways, § 254 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1967, No. 161, § 3: Feb. 28, 1967.

27-73-101. Powers and duties of Governor.

  1. The Governor, in addition to other duties and responsibilities conferred upon him or her by the Constitution and laws of this state, is empowered to contract and to do all of the things necessary in behalf of this state to secure the full benefits available to this state under the federal Highway Safety Act of 1966. In so doing, he or she shall cooperate with the federal and state agencies, private and public agencies, interested organizations, and with individuals to effectuate the purposes of that enactment and any and all subsequent amendments thereto.
  2. The Governor shall be the official of this state having the ultimate responsibility for dealing with the federal government with respect to programs and activities pursuant to the federal Highway Safety Act of 1966 and any amendments thereto.
  3. To that end, he or she shall coordinate the activities of any and all departments and agencies of this state and its subdivisions, relating thereto.

History. Acts 1967, No. 161, § 1; A.S.A. 1947, § 76-138.

U.S. Code. The Highway Safety Act of 1966, referred to in this section, is codified as 23 U.S.C. § 401 et seq.

27-73-102. Coordinator of public safety.

The Governor may administer this state's highway safety programs through appropriate instrumentalities, departments, or agencies of the state or through a coordinator of public safety to be appointed by the Governor.

History. Acts 1967, No. 161, § 2; A.S.A. 1947, § 76-139.

A.C.R.C. Notes. Acts 1995, No. 551, § 4, provided:

“The Highway Safety Program Advisory Council created by Arkansas Code 12-6-101 is transferred to the Arkansas Alcohol and Drug Abuse Coordinating Council pursuant to a type 3 transfer as defined in Arkansas Code 25-2-106.”

Publisher's Notes. Acts 1981, No. 45, § 11, separated the highway safety program, authorized by §§ 27-73-101 and 27-73-102, from the Department of Public Safety (abolished) and provided that it would thereafter function as a separate agency of state government, unless the Governor designated another agency or department of state government within which the program should be established. The section further provided that nothing in the act was to be construed to reduce any right which an employee of the highway safety program should have under any civil service or merit system.

Subchapter 2 — Flashing Lights Near Highways

27-73-201. Intent.

It is the intent of this subchapter:

  1. To enhance the safety of the public highways, roads, and streets and to safeguard the health, comfort, and convenience of motorists by restricting hazardous, distracting, and confusing devices along and immediately adjacent to the roadway; and
  2. To prohibit in particular the use of all oscillating, rotating, or flashing lights or devices of the type of, or which simulate or give the impression of being, an emergency vehicle, such as a police vehicle, fire truck, or ambulance, within a distance of two hundred feet (200') of a state highway, which is not involved in the regulation and operation of the traffic thereon in accordance with recognized and approved traffic engineering principles.

History. Acts 1973, No. 258, § 1; A.S.A. 1947, § 76-140.

27-73-202. Definition.

As used in this subchapter, unless the context otherwise requires, “oscillating, rotating, or flashing light or device” means any light of the type used on, or which simulates or gives the impression of being, an emergency vehicle such as a police car or vehicle, fire truck, ambulance, or other lawful emergency vehicle.

History. Acts 1973, No. 258, § 2; A.S.A. 1947, § 76-141.

27-73-203. Penalty.

  1. Any person violating the provisions of this subchapter shall be guilty of a misdemeanor. That person shall, upon conviction, be fined in an amount of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) or be imprisoned in the county jail for not more than ninety (90) days, or be both so fined and imprisoned.
  2. Each day on which there is a violation shall constitute a separate offense and shall be punished accordingly.

History. Acts 1973, No. 258, § 5; A.S.A. 1947, § 76-144.

27-73-204. Prohibition.

It shall be unlawful for any person to locate within two hundred feet (200') of the rights-of-way of any public highway, road, or street in this state any advertising sign or device which involves movement of light beams or colored lights such as rotating beams of light, flashing or oscillating colored lights, and those which involve glaring or blinding impact upon the viewer, and which in any way infringe upon the vision of motor vehicle operators traveling upon or otherwise in use of the public highways, roads, and streets of this state, in a manner as to demand, detract, or otherwise divert or confuse the attention of motor vehicle operators.

History. Acts 1973, No. 258, § 2; A.S.A. 1947, § 76-141.

27-73-205. Exemptions.

  1. Official devices located at airports, designated parking areas, transportation mode interchange points, depots, and similar public service facilities shall be exempt from the provisions of this subchapter.
  2. The provisions of this subchapter shall neither apply to any oscillating, rotating, or flashing railroad signal or safety light at any railroad crossing or upon any railroad right-of-way nor to the oscillating headlights on any railroad locomotive.
  3. The prohibition set out in § 27-73-204 does not apply to signs or devices with constant illumination and color, including those in which the only movement is a very slow, steady rotation of the entire body of the sign or advertising device.

History. Acts 1973, No. 258, §§ 1, 2; A.S.A. 1947, §§ 76-140, 76-141.

27-73-206. Zoning statutes subordinate.

This subchapter shall take precedence over any land use zoning statutes concerning devices regulated by this subchapter within the State of Arkansas.

History. Acts 1973, No. 258, § 3; A.S.A. 1947, § 76-142.

Subchapter 3 — Notice of Smoke Obstructing Highway

27-73-301. Flaggers or signs required — Notice to sheriff.

    1. Any person owning or controlling croplands, rangelands, grasslands, pastures, or stubble lands along any Arkansas state primary or secondary highways or along a federal or interstate highway in Arkansas and setting fire to those lands so as to cause smoke to obstruct those adjacent roads and highways shall post flaggers or shall post advisory signs along those roads and highways to warn the drivers of all motor vehicles of the obstructing smoke. The flaggers shall be stationed in plain view along the roads and highways which are obstructed by the smoke and shall carry a flag, flare, flashlight, or other warning device to warn motorists of the danger of the obstructing smoke.
    2. The advisory signs shall be posted along both sides of the highway in plain view and shall state “SMOKE AHEAD” to warn motorists of the danger of obstructing smoke.
  1. Further, any person owning or controlling croplands, rangelands, grasslands, pastures, or stubble lands along any Arkansas state primary or secondary highways or along a federal or interstate highway in Arkansas and setting fire to those lands shall notify the sheriff's office of the county where the lands are located that a fire is to be set, the approximate time the fire is to be started, and the location of those lands to be burned.

History. Acts 1989, No. 756, § 1.

Publisher's Notes. Acts 1989, No. 756, § 4, provided that the provisions of that act “shall be supplemental to any other laws now in effect relating to the burning of croplands, rangelands, grasslands, pastures, or stubble lands, and shall not repeal or modify such laws.”

Research References

U. Ark. Little Rock L.J.

Survey, Agricultural Law, 12 U. Ark. Little Rock L.J. 597.

27-73-302. Action for damages.

In any cause of action for damages resulting from any obstructing smoke along a state or federal highway against any person who owns or controls lands which are burned, a person's compliance or noncompliance with this subchapter shall be admissible in the proceeding.

History. Acts 1989, No. 756, § 2.

Publisher's Notes. As to the applicability of related laws, see Publisher's Notes, § 27-73-301.

Research References

U. Ark. Little Rock L.J.

Survey, Agricultural Law, 12 U. Ark. Little Rock L.J. 597.

Chapter 74 Highway Beautification

Case Notes

Constitutionality.

In action seeking declaratory judgment that this chapter was unconstitutional, where plaintiffs did not make any reasonable projection of losses in produce sales, plaintiffs failed to show any irreparable injury suffered by peach and apple growers whose right to advertise had been limited by valid restrictions. Yarbrough v. Ark. State Hwy. Comm'n, 260 Ark. 161, 539 S.W.2d 419 (1976).

Where plaintiffs, without seeking permits, erected advertising signs after the effective date of this chapter, plaintiffs' contention that the chapter violated the equal protection clause by providing compensation for owners of outdoor advertising devices existing prior to the effective date without providing compensation for individuals who erect the devices after that date was without merit. Yarbrough v. Ark. State Hwy. Comm'n, 260 Ark. 161, 539 S.W.2d 419 (1976).

Purpose.

The purpose of this chapter is to promote the reasonable, orderly, and effective display of outdoor advertising, to promote the safety and recreational value of public travel, and to preserve natural beauty. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

Immunity.

Since Arkansas has chosen, in part, to effect its policies with respect to this chapter through its municipalities, it was immune from liability for anticompetitive effects, if any, arising from its ordinances that imposed certain restrictions on the location and size of outdoor advertising signs within municipal boundaries. Parks v. Donrey, Inc., 596 F. Supp. 347 (W.D. Ark. 1984).

Legislative Intent.

This chapter was adopted with the congressional directive of 23 U.S.C. § 131 et seq. in mind. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

This chapter was enacted in 1967 to bring Arkansas into conformance with the federal Highway Beautification Act and, in part, to avoid losing substantial amounts in federal highway funds. Arkansas State Hwy. & Transp. Dep't v. Kidder, 326 Ark. 595, 933 S.W.2d 794 (1996).

Subchapter 1 — General Provisions

Preambles. Acts 1967, No. 640 contained a preamble which read:

“Whereas, the Congress of the United States has enacted legislation in the Highway Beautification Act of 1965 which will cause substantial losses in federal-aid highway funds apportioned to Arkansas on or after January 1, 1968, unless the Arkansas General Assembly enacts conforming legislation (a) to regulate the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to the federal-aid Interstate and Primary Systems; (b) to regulate the establishment, use and maintenance of junkyards in such areas; and (c) to provide for the payment of full and just compensation upon the removal and relocation of outdoor advertising signs and junkyards; and

“Whereas, the Congress of the United States has made available additional federal funds for use in landscape and roadside development within federal-aid highway rights of way and for acquisition of interests and improvement of strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to such federal-aid highways;

“Now, therefore….”

Effective Dates. Acts 1967, No. 640, Art. 5: emergency failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent Federal Highway legislation, particularly Public Law 89-285, approved October 22, 1965, and cited as the ‘Highway Beautification Act of 1965’ makes it necessary that the State of Arkansas provide for the regulation and control of outdoor advertising and junkyards or lose many millions of dollars of Federal-aid Highway funds greatly needed and required in this state to construct and maintain a suitable and efficient highway system; and it being further found and determined that the erection and maintaining of outdoor advertising and the establishment and maintenance of junkyards along the Federal-aid Interstate and Primary Highways of this state, unless controlled, mar the natural scenic beauty along such highways; and it being further found and determined that landscaping, scenic enhancement and rest and recreation areas adjacent to all Federal-aid Highways of this state are needed for the accommodation and enjoyment of our citizens and for the attraction of tourists, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.” Approved Apr. 6, 1967.

Acts 1993, No. 554, § 6: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is necessary for the State of Arkansas to continue to beautify the landscape along the scenic highways in the State; that the amendments contained in this act are necessary in order for the State to be eligible to participate in a federally-aided Scenic Byway Program from which funds are available for the needed improvements to the State's scenic byways; and that the immediate effectiveness of this act is necessary to allow the State to take full advantage of the federal-aid funds. Therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 691, § 6: Mar. 24, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the amendments contained in this act are necessary in order for the State of Arkansas to be eligible to participate in a federally-aided Scenic Byway program which federal funds may be utilized for much needed improvements to the State's scenic byways and only by the immediate effectiveness of this act may the State take full advantage as soon as possible of such federal-aid funds. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

27-74-101. Title.

This chapter may be called the “Arkansas Highway Beautification Act”.

History. Acts 1967, No. 640, § 1; A.S.A. 1947, § 76-2501.

Case Notes

Zoning.

Denial of the company's application for a permit to erect an electronic billboard was appropriate pursuant to the Arkansas Highway Beautification Act, §§ 27-74-101 to 27-74-502, because the property was not zoned commercial or industrial, § 27-74-204(a). Ark. State Highway & Transp. Dep't v. Lamar Advantage Holding Co., 2011 Ark. 195, 381 S.W.3d 787 (2011).

27-74-102. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Information center” means an area or site established, operated, and maintained at a safety rest area for the purpose of informing the public of places of interest within the State of Arkansas and providing such other information as the State Highway Commission may deem desirable;
  2. “Interstate system” or “interstate” means that portion of the National System of Interstate and Defense Highways located within this state, as officially designated or as may hereafter be designated by the commission and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23 of the United States Code;
  3. “Motorist services directional sign” means a sign giving directional information about goods and services in the interest of the traveling public, including, but not limited to:
    1. Places of public lodging;
    2. Places where food is served to the public on a regular basis;
    3. Places where automotive fuel or emergency automotive repair services, including truck stops, are regularly available to the public;
    4. Educational institutions;
    5. Places of religious worship;
    6. Public or private recreation areas, including campgrounds, resorts, and attractions, natural wonders, wildlife and waterfowl refuges, and nature trails;
    7. Plays, concerts, and fairs;
    8. Antique shops; and
    9. Agricultural products in a natural state, including vegetables and fruit;
  4. “Outdoor advertising” means any outdoor sign, display, device, figures, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informational contents of which is visible from any place on the main-traveled way of the interstate or primary highways;
  5. “Primary system” or “primary” means that portion of the federal-aid primary system located within this state, as officially designated or as may hereafter be designated by the commission and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23 of the United States Code;
  6. “Safety rest area” means an area or site established, operated, and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public; and
  7. “Scenic byway” means a highway, or a portion of a highway, that has been designated a scenic byway by the commission in accordance with federal laws, regulations, and rules pertaining to scenic byways.

History. Acts 1967, No. 640, Art. 1, § 2; 1977, No. 386, § 2; A.S.A. 1947, § 76-2503; Acts 1993, No. 554, § 1; 1993, No. 691, § 1.

Subchapter 2 — Outdoor Advertising — Signs, Etc. — In General

Preambles. Acts 1967, No. 640 contained a preamble which read:

“Whereas, the Congress of the United States has enacted legislation in the Highway Beautification Act of 1965 which will cause substantial losses in federal-aid highway funds apportioned to Arkansas on or after January 1, 1968, unless the Arkansas General Assembly enacts conforming legislation (a) to regulate the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to the federal-aid Interstate and Primary Systems; (b) to regulate the establishment, use and maintenance of junkyards in such areas; and (c) to provide for the payment of full and just compensation upon the removal and relocation of outdoor advertising signs and junkyards; and

“Whereas, the Congress of the United States has made available additional federal funds for use in landscape and roadside development within federal-aid highway rights of way and for acquisition of interests and improvement of strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to such federal-aid highways;

“Now, therefore … .”

Acts 1979, No. 735 contained a preamble which read:

“Whereas, Act 640 of 1967, as amended, is designed to provide for the reasonable and orderly regulation of the erection and maintenance of outdoor advertising signs and devices in areas adjacent to the National System of Interstate and Defense Highways, Federal Aid Primary Highways and other State Highways, in conformity with the provisions of U. S. Code Title 23, Section 131; and

“Whereas, Act 640 authorized the Arkansas Highway Commission to enter into appropriate agreement with the Secretary of Transportation concerning the regulation of outdoor advertising along said highways to assure proper implementation of and conformity with the provisions of U. S. Code Title 23, Section 131; and

“Whereas, the Commission has entered into such agreement with the Secretary but such agreement does not adequately define certain terms used in the agreement including the term “land predominantly used for residential purposes,” and a more specific definition of this term is necessary to enable the Commission to effectively and efficiently implement and carry out the provisions of the agreement;

“Now, therefore … .”

Effective Dates. Acts 1967, No. 640, Art. 5: emergency failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent Federal Highway legislation, particularly Public Law 89-285, approved October 22, 1965, and cited as the ‘Highway Beautification Act of 1965’ makes it necessary that the State of Arkansas provide for the regulation and control of outdoor advertising and junkyards or lose many millions of dollars of Federal-aid Highway funds greatly needed and required in this state to construct and maintain a suitable and efficient highway system; and it being further found and determined that the erection and maintaining of outdoor advertising and the establishment and maintenance of junkyards along the Federal-aid Interstate and Primary Highways of this state, unless controlled, mar the natural scenic beauty along such highways; and it being further found and determined that landscaping, scenic enhancement and rest and recreation areas adjacent to all Federal-aid Highways of this state are needed for the accommodation and enjoyment of our citizens and for the attraction of tourists, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.” Approved Apr. 6, 1967.

Acts 1979, No. 735, § 6: Apr. 6, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain terms used in an agreement relating to outdoor advertising along Interstate and Federal-Aid Primary Highways entered into between the Arkansas Highway Commission and the Secretary of Transportation pursuant to the provisions of Act 640 of 1967, are not adequately defined in the agreement to enable the Arkansas Highway Commission to effectively administer the provisions of said agreement and the provisions of Act 640 of 1967; that the provisions of Section 4 of Article 1 of Act 640 of 1967 and the regulations adopted by the Commission pursuant to the provisions of said Section relating to the granting of permits for the erection and/or maintenance of outdoor advertising prescribe no time limitations within which the Commission is required to act on applications for such permits and that delay by the Commission in granting or denying such permits may result in serious hardship to applicants; and that this Act should be given effect at the earliest possible date to alleviate said problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 554, § 6: Mar. 16, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is necessary for the State of Arkansas to continue to beautify the landscape along the scenic highways in the State; that the amendments contained in this act are necessary in order for the State to be eligible to participate in a federally-aided Scenic Byway Program from which funds are available for the needed improvements to the State's scenic byways; and that the immediate effectiveness of this act is necessary to allow the State to take full advantage of the federal-aid funds. Therefore an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 691, § 6: Mar. 24, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that the amendments contained in this act are necessary in order for the State of Arkansas to be eligible to participate in a federally-aided Scenic Byway program which federal funds may be utilized for much needed improvements to the State's scenic byways and only by the immediate effectiveness of this act may the State take full advantage as soon as possible of such federal-aid funds. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Case Notes

Delegation of Authority.

This subchapter, in authorizing the State Highway Commission to establish a permit and enforcement mechanism for regulating outdoor advertising devices, was not an unlawful delegation of legislative power to the commission because the General Assembly clearly declared the purpose of the regulations and defined the scope of authority delegated to the commission. Yarbrough v. Ark. State Hwy. Comm'n, 260 Ark. 161, 539 S.W.2d 419 (1976).

27-74-201. Policy.

  1. The General Assembly finds and declares that the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to certain sections of the National System of Interstate and Defense Highways, and federal-aid primary and other state highways designated by the State Highway Commission in the Arkansas state highway system shall be controlled in accordance with the terms of this chapter and rules promulgated pursuant thereto, in order to protect the public interest; to promote the public health, safety, and welfare; to preserve natural beauty; and to promote reasonable, orderly, and effective display of outdoor advertising in the State of Arkansas.
  2. The State of Arkansas finds and declares that the removal of certain directional signs, displays, and devices in certain specified areas lawfully erected under state law in force at the time of their erection which do not conform to the requirements of 23 U.S.C. § 131(c), which provide directional information about goods and services in the interest of the traveling public, and which were in existence on May 6, 1976, would work a substantial economic hardship in the defined areas.

History. Acts 1967, No. 640, Art. 1, § 1; 1977, No. 386, § 1; A.S.A. 1947, § 76-2502; Acts 2019, No. 315, § 3168.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a).

Case Notes

Purpose.

The purpose of this chapter is to promote the reasonable, orderly, and effective display of outdoor advertising, to promote the safety and recreational value of public travel, and to preserve natural beauty. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

27-74-202. Nonconforming devices — Remedies.

  1. The General Assembly finds and declares that outdoor advertising signs, displays, or devices which do not conform to the requirements of this subchapter, including those for which there was a failure to first secure permits for the erection of the signs, are nonconforming advertising devices.
  2. Therefore, the right is conferred upon the State Highway Commission to enforce the provisions of this subchapter by means of restraining order, mandatory injunction, or other appropriate remedy for the abatement of such nonconforming advertising devices.

History. Acts 1967, No. 640, Art. 1, § 9; A.S.A. 1947, § 76-2510.

27-74-203. Regulation.

  1. The erection and maintenance of outdoor advertising signs, displays, and devices in areas six hundred sixty feet (660') in width from the nearest edge of any right-of-way of any interstate, primary, or other state highway designated by the State Highway Commission shall be regulated in order to protect the public investment in these highways, to promote the public safety and welfare in the use of these highways, to encourage the recreational value of public travel, and to preserve the natural beauty along these highways.
  2. Therefore, no outdoor sign, display, or device shall be erected in these areas except as hereinafter provided and in accordance with rules promulgated by the commission.
  3. Any person whose business or property has been injured by a final adverse decision from the commission shall be entitled to a judicial hearing de novo in the circuit court of any county in which the person resides or does business or in the Pulaski County Circuit Court if the interests affected by the decision of the commission are constitutionally or statutorily preserved, or preserved by private agreement, so that their enforcement is a matter of right.

History. Acts 1967, No. 640, Art. 1, § 3; A.S.A. 1947, § 76-2504; Acts 2001, No. 800, § 1; 2019, No. 315, § 3169.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b).

Case Notes

De Novo Review Not Authorized.

Outdoor advertising company's failure to timely renew its permits for nonconforming billboards under § 27-74-204(b) properly resulted in the denial of the permits. The company was not entitled to de novo review of the denial of the permits under this section because the right to erect and maintain a billboard was not statutorily protected as required by that section. Lamar Co., LLC v. Ark. State Highway & Transp. Dep't, 2011 Ark. App. 695, 386 S.W.3d 670 (2011).

Denial of Permit Upheld.

Substantial evidence supported the State Highway Commission's decision upholding the Arkansas State Highway and Transportation Department's denial of an outdoor advertiser's application for a permit to convert an existing billboard to an electronic message device given the deference owed to the Department's interpretation of the regulations adopted under the Arkansas Highway Beautification Act, § 27-74-101 et seq., and there was evidence from which to determine that the activity at the proposed sign site was transitory or temporary in nature and that the activity was not visible from the interstate. Ark. State Highway & Transp. Dep't v. RAM Outdoor Advertising, 2015 Ark. App. 713, 479 S.W.3d 51 (2015).

Cited: Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

27-74-204. Permitted advertising.

  1. With the exception of and excluding those highways, or portions of highways, which are designated by the State Highway Commission as scenic byways, nothing contained in this chapter shall prohibit the erection and maintenance of outdoor advertising signs, displays, and devices consistent with customary use within six hundred sixty feet (660') of the nearest edge of the right-of-way of interstate, primary, and other state highways designated by the commission:
    1. Within those areas which are zoned industrial or commercial under authority of the laws of this state; or
    2. Within those unzoned commercial or industrial areas which may be determined by agreement between the commission and the United States Secretary of Transportation.
  2. Neither shall these prohibitions apply to signs, displays, and devices:
    1. Advertising the sale or lease of property upon which they are located;
    2. Advertising activities conducted on the property upon which they are located;
    3. Which locate, identify, mark, or warn of the presence of pipelines, utility lines, or rail lines, and appurtenances thereto, including, but not limited to, markers used in maintenance, operation, observation, and safety; and
    4. Granted an exemption by the United States Secretary of Transportation pursuant to 23 U.S.C. § 131(o).
  3. The erection of outdoor advertising signs, displays, and devices along a scenic byway shall be limited to those permitted by 23 U.S.C. § 131(c).

History. Acts 1967, No. 640, Art. 1, § 5; 1977, No. 386, § 3; A.S.A. 1947, § 76-2506; Acts 1993, No. 554, § 2; 1993, No. 691, § 2.

Research References

ALR.

Regulation of Digital Billboards. 5 A.L.R.7th Art. 8 (2015).

Case Notes

Constitutionality.

The exemption from regulation of those areas which were already heavily commercialized or industrialized did not deny equal protection to plaintiffs in agricultural areas because the classification to preserve pastoral scenery and eliminate disharmonious advertising had a substantial, fair, and reasonable relation to the object of the Highway Beautification Act, § 27-74-101 et seq.Yarbrough v. Ark. State Hwy. Comm'n, 260 Ark. 161, 539 S.W.2d 419 (1976).

Construction.

Subsection (a) of this section and Ark. Reg. for the Control of Outdoor Adver. on Ark. Highways 1(H)(2), when construed together, prohibit billboards in areas where, although a commercial use existed, there also existed a predominantly residential use. Lamar Outdoor Adver. v. Ark. Highway & Transp. Dep't, 86 Ark. App. 279, 184 S.W.3d 461 (2004).

Applicability.

Advertising company's request to erect highway billboard on commercial property was properly denied where property was located in a residential subdivision, predominately residential, and subject to a bill of assurance limiting it to residential use. Lamar Outdoor Adver. v. Ark. Highway & Transp. Dep't, 86 Ark. App. 279, 184 S.W.3d 461 (2004).

Arkansas Highway and Transportation Department's decision to deny the sign company's application for a billboard sign permit was proper as the proposed site was not located in a zoned or unzoned commercial or industrial area as required by subsection (a) of this section and the Regulations for Control of Outdoor Advertising on Arkansas Highways. Seiz Co. v. Ark. State Highway Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336 (2009), rehearing denied, — Ark. —, — S.W.3d —, 2009 Ark. LEXIS 581 (Sept. 10, 2009).

Denial of Permit Upheld.

Substantial evidence supported the State Highway Commission's decision upholding the Arkansas State Highway and Transportation Department's denial of an outdoor advertiser's application for a permit to convert an existing billboard to an electronic message device given the deference owed to the Department's interpretation of the regulations adopted under the Arkansas Highway Beautification Act, § 27-74-101 et seq., and there was evidence from which to determine that the activity at the proposed sign site was transitory or temporary in nature and that the activity was not visible from the interstate. Ark. State Highway & Transp. Dep't v. RAM Outdoor Advertising, 2015 Ark. App. 713, 479 S.W.3d 51 (2015).

Permit Required.

Rotating billboard sign was unlawfully maintained where advertisers failed to obtain the appropriate permit on or after October 1, 1972, as required by state regulation. Arkansas State Hwy. & Transp. Dep't v. Kidder, 326 Ark. 595, 933 S.W.2d 794 (1996).

Outdoor advertising company's failure to timely renew its permits for nonconforming billboards under subsection (b) of this section properly resulted in the denial of the permits. New permits could not be issued because the Arkansas State Highway and Transportation Department's agreement with the federal government would not allow it to grant new Class B permits for signs along a scenic byway, pursuant to 23 U.S.C.S. § 131(g) and subsection (c) of this section. Lamar Co., LLC v. Ark. State Highway & Transp. Dep't, 2011 Ark. App. 695, 386 S.W.3d 670 (2011).

Zoning.

The State Highway and Transportation Department's may review limited commercial zoning decisions relating to outdoor advertising to determine validity; this fosters the purposes of this chapter and assures compliance with federal law. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

State zoning actions that are created primarily to permit outdoor advertising structures will not be recognized as valid for outdoor advertising control purposes. Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

Denial of the company's application for a permit to erect an electronic billboard was appropriate pursuant to the Arkansas Highway Beautification Act, §§ 27-74-101 to 27-74-502, because the property was not zoned commercial or industrial under subsection (a) of this section. Ark. State Highway & Transp. Dep't v. Lamar Advantage Holding Co., 2011 Ark. 195, 381 S.W.3d 787 (2011).

27-74-205. Removal — Deadline.

Any sign, display, or device lawfully erected which does not conform to this subchapter shall be required to be removed by the end of the fifth year after it becomes nonconforming under the provisions hereof.

History. Acts 1967, No. 640, Art. 1, § 6; A.S.A. 1947, § 76-2507.

27-74-206. Removal — Directional sign exemption.

  1. The State Highway Commission, upon receipt of a declaration, resolution, certified copy of an ordinance, or other clear direction from a community, board of county commissioners, municipality, county, city, a specific region or area of the state, or other governmental or quasi-governmental agency that removal of motorist services directional signs would cause an economic hardship in a defined area shall forward this declaration, resolution, or finding to the United States Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o).
  2. Any declaration or resolution submitted to the commission shall further find that the motorist services signs provide directional information about goods and services in the interest of the traveling public and shall request the retention in the specified areas by the state of directional motorist services signs as defined herein.
  3. The commission shall comply with all regulations issued both now and hereafter by the Federal Highway Administration necessary for application for the exemption provided in 23 U.S.C. § 131(o), provided that the motorist services directional signs were lawfully erected under state law at the time of their erection and were in existence on or prior to May 5, 1976.

History. Acts 1977, No. 386, § 4; A.S.A. 1947, § 76-2507.1.

27-74-207. Removal — Notice to owner.

  1. The State Highway Commission shall give thirty (30) days' notice, by certified mail, to the owner of the land on which an advertising device is located to remove it if it is a prohibited device or cause it to conform to rules if it is an authorized device.
  2. If the owner of the property fails to act within thirty (30) days as required in the notice, the commission shall remove the advertising device at the expense of the owner of the land.

History. Acts 1967, No. 640, Art. 1, § 11; A.S.A. 1947, § 76-2512; Acts 2019, No. 315, § 3170.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a).

27-74-208. Removal — Authority generally — Compensation.

  1. The State Highway Commission is authorized and empowered to require the removal of all outdoor advertising signs, displays, and devices not in conformity with this subchapter, which right may be enforced by means of a mandatory injunction or other appropriate remedy.
  2. However, just compensation shall be paid upon the removal of the following outdoor advertising signs, displays, and devices:
    1. Those lawfully in existence on June 29, 1967;
    2. Those lawfully on any highway in this state made a part of the state highway system on or after October 22, 1965, and before June 29, 1967; and
    3. Those lawfully erected on or after June 29, 1967.
  3. Compensation shall be paid for the taking from the owner of any sign, display, or device, of all right, title, leasehold, and interest in any sign, display, or device, and the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain any signs, displays, and devices thereon.
  4. No municipality, county, or other political subdivision shall remove or cause to be removed any legal outdoor advertising except outdoor advertising that encroaches upon the right-of-way, without paying just compensation therefor.
  5. This section shall have no effect on the ability of municipalities, counties, or other political subdivisions to regulate or control outdoor advertising on highways or arterials which are not part of the interstate or federal-aid primary systems.

History. Acts 1967, No. 640, Art. 1, § 7; 1981, No. 923, § 1; A.S.A. 1947, § 76-2508.

Case Notes

Retroactive Applicability.

Where municipal ordinances had already mandated that nonconforming billboards be altered or removed long before the 1981 amendment to this section, which requires compensation for the taking of these signs, this amendment could not be applied retroactively and, without retroactive applicability of the amendment, the ordinances were not in contravention of state law. Donrey Communications Co. v. City of Fayetteville, 280 Ark. 408, 660 S.W.2d 900 (1983), cert. denied, 466 U.S. 959, 104 S. Ct. 2172, 80 L. Ed. 2d 555 (1984).

27-74-209. Agreements with the United States.

As provided by Title 23 of the United States Code, the State Highway Commission is authorized to enter into agreement, which agreement shall reflect customary use in the outdoor advertising industry as determined under § 27-74-211, with the United States Secretary of Transportation to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to those sections of the federal-aid interstate and federal-aid primary highway systems lying in Arkansas and to take action in the name of the state to comply with any agreement.

History. Acts 1967, No. 640, Art. 1, § 8; A.S.A. 1947, § 76-2509.

Case Notes

Cited: Arkansas State Hwy. & Transp. Dep't v. Kidder, 326 Ark. 595, 933 S.W.2d 794 (1996).

27-74-210. Land predominantly used for residential purposes.

  1. It is the legislative intent and purpose of this section to specifically define a certain term used in the agreement entered into between the State Highway Commission and the United States Secretary of Transportation pursuant to the authority granted in this chapter, as amended, particularly the term “land predominantly used for residential purposes” as that term is used in enumerating exclusions in the definition of “unzoned commercial, business, or industrial areas,” in order to clarify the terms of agreement and to enable the commission to more effectively and efficiently and uniformly administer the provisions of this chapter, as implemented by the agreement entered into between the commission and the United States Secretary of Transportation.
  2. As used in the agreement entered into between the commission and the United States Secretary of Transportation pursuant to the provisions of this chapter, “land predominantly used for residential purposes” means only those tracts of land within an unzoned commercial, business, or industrial area on a primary or interstate highway which are occupied by a building regularly and principally used as a residence and those tracts of land adjacent to those residential tracts which are under the same ownership as the residential tracts and which are actively used and maintained for residential purposes.

History. Acts 1979, No. 735, §§ 1, 2; A.S.A. 1947, §§ 76-2505.3, 76-2505.4.

Case Notes

In General.

Residential subdivision that contained a commercially owned lot was predominantly residential as contemplated in this section; the area also had two residences and yards from two other residences. Lamar Outdoor Adver. v. Ark. Highway & Transp. Dep't, 86 Ark. App. 279, 184 S.W.3d 461 (2004).

Arkansas Highway and Transportation Department's decision to deny the sign company's application for a billboard sign permit was proper as the proposed site was not located in a zoned or unzoned commercial or industrial area as required by subsection (a) of this section and the Regulations for Control of Outdoor Advertising on Arkansas Highways. Seiz Co. v. Ark. State Highway Transp. Dep't, 2009 Ark. 361, 324 S.W.3d 336 (2009), rehearing denied, — Ark. —, — S.W.3d —, 2009 Ark. LEXIS 581 (Sept. 10, 2009).

27-74-211. Rules — Adoption and promulgation.

  1. After survey to determine existing outdoor advertising structures in this state and after public hearing, the State Highway Commission shall determine customary use in the display of outdoor advertising in this state with regard to size, lighting, and spacing in areas zoned commercial or industrial and in unzoned areas used for commercial or industrial purposes.
  2. The definition of an unzoned commercial or industrial area shall be determined by agreement between the commission and the United States Secretary of Transportation but shall be no more restrictive than that required by Title 23 of the United States Code. The commission shall then adopt and promulgate rules governing the issuance of permits for the erection and maintenance of outdoor advertising coming within the purview of this chapter, consistent with the safety and welfare of the traveling public, and as may be necessary to carry out the policy of the state declared in this chapter consistent with customary usage, the purposes of this chapter, and in agreement with the United States Secretary of Transportation.
  3. In the event that federal statutes, rules, or regulations conflict with the provisions of §§ 27-74-210 — 27-74-212 or rules promulgated thereunder, the commission is authorized to promulgate rules necessary to comply with federal law after first obtaining the advice of the Legislative Council thereon while pursuing, insofar as possible, the legitimate objectives of those sections.

History. Acts 1967, No. 640, Art. 1, § 4; 1979, No. 735, § 4; A.S.A. 1947, §§ 76-2505, 76-2505.6; Acts 2019, No. 315, § 3171.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the second sentence of (b); and, in (c), substituted the second occurrence of “rules” for “regulations” and deleted “and regulations” following “promulgate rules”.

U.S. Code. Control of outdoor advertising, 23 U.S.C. § 131.

Case Notes

Denial of Permit Upheld.

Substantial evidence supported the State Highway Commission's decision upholding the Arkansas State Highway and Transportation Department's denial of an outdoor advertiser's application for a permit to convert an existing billboard to an electronic message device given the deference owed to the Department's interpretation of the regulations adopted under the Arkansas Highway Beautification Act, § 27-74-101 et seq., and there was evidence from which to determine that the activity at the proposed sign site was transitory or temporary in nature and that the activity was not visible from the interstate. Ark. State Highway & Transp. Dep't v. RAM Outdoor Advertising, 2015 Ark. App. 713, 479 S.W.3d 51 (2015).

Cited: Files v. Arkansas State Hwy. & Transp. Dep't, 325 Ark. 291, 925 S.W.2d 404 (1996).

27-74-212. Time limit for action on application for permit.

  1. It is the intent and purpose of this section to require the State Highway Commission to act on each application for a permit for the erection and maintenance of outdoor advertising coming within the purview of this chapter within sixty (60) days after such application is filed with the commission to assure the prompt disposition of such applications and to avoid the unnecessary hardship and expense to applicants which could result from unreasonable delay in taking action on the applications.
  2. When an application is filed with the commission or the Arkansas Department of Transportation under § 27-74-211 or rules adopted pursuant thereto for a permit to erect or maintain outdoor advertising, the commission or the department shall either grant or deny such permit within sixty (60) days from the date on which the application was filed with the commission or the department.

History. Acts 1979, No. 735, §§ 1, 3; A.S.A. 1947, §§ 76-2505.3, 76-2505.5; Acts 2017, No. 707, § 423; 2019, No. 315, § 3172.

Amendments. The 2017 amendment substituted “Department of Transportation under” for “State Highway and Transportation Department pursuant to” in (b).

The 2019 amendment substituted “rules” for “regulations” in (b).

27-74-213. Rest areas.

In order to provide information in the specific interest of the traveling public, the State Highway Commission is authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas along the interstate, primary, and other state highways designated by the commission and to establish information centers in cooperation with the Department of Parks, Heritage, and Tourism at safety rest areas for the purpose of informing the public of places of interest within the state and providing other information as may be considered desirable.

History. Acts 1967, No. 640, Art. 1, § 10; A.S.A. 1947, § 76-2511; Acts 2019, No. 910, § 5731.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism”.

Subchapter 3 — Outdoor Advertising — Signs, Etc. More Than 660 Feet from Highway

U.S. Code. The federal Highway Beautification Act of 1965, 23 U.S.C. § 131 et seq.

Preambles. Acts 1975, No. 999 contained a preamble which read:

“Whereas, the Congress of the United States has enacted legislation by amending the Highway Beautification Act of 1965 which will cause substantial losses in Federal-Aid Highway Funds apportioned to Arkansas on or after July 1, 1975, unless the Arkansas General Assembly enacts conforming legislation: (a) regulating the erection and maintenance of outdoor advertising signs, displays and devices which are located more than 660 feet off the nearest edge of the right of way of Interstate and Primary or any other state highway designated by the Arkansas State Highway Commission, located outside urban areas, visible from the main traveled way of such highways and erected for the purpose of their message being read from such main traveled way; (b) providing removal and compensation authority for signs lawfully erected beyond 660 feet which do not conform to the provisions of this Act;

“Now, therefore….”

Effective Dates. Acts 1975, No. 999, § 4: Apr. 11, 1975. Emergency clause provided: “It is hereby found and declared that the strict enforcement of this Act is necessary to prevent the erection of signs, displays and devices beyond the present legal limitations and visible from the traveled right of way of the Interstate, Primary and other State Highways; that if this Act is not placed in effect forthwith, the State of Arkansas will lose substantial Federal funds for failure to comply with the Federal-Aid Highway Amendment of 1974; that the immediate enforcement of this Act is required for the public health, safety and welfare. Therefore, it is declared, for these reasons, that an emergency exists and this Act, being essential for the preservation of the public peace, safety and welfare, shall take effect and be in force from and after its passage and approval.”

27-74-301. Nonconforming devices — Remedy.

The General Assembly finds and declares that outdoor advertising signs, displays, or devices which are located more than six hundred sixty feet (660') off the nearest edge of the right-of-way, located outside of urban areas, visible from the main-traveled way of the interstate, primary, or other state highway designated by the State Highway Commission, and erected for the purpose of their messages being read from the main-traveled way and which do not conform to the provisions of this subchapter are nonconforming advertising devices; therefore, the right is conferred upon the commission to enforce the provisions of this subchapter by means of restraining order, mandatory injunction, or other appropriate remedy for the abatement of nonconforming advertising devices, displays, or signs.

History. Acts 1975, No. 999, § 3; A.S.A. 1947, § 76-2505.2.

27-74-302. Limitations.

Notwithstanding any other provisions of § 27-74-203, signs, displays, and devices which are located more than six hundred sixty feet (660') from the nearest edge of the right-of-way of interstate and primary highways, outside of urban areas, visible from the main-traveled way of the highways and erected with the purpose of their message being read from the main-traveled way shall be limited to:

  1. Directional and other official signs as defined herein;
  2. Signs advertising the sale or lease of property on which they are located;
  3. Signs advertising activities conducted on the property on which they are located; and
  4. Signs, displays, and devices which locate, identify, mark, or warn of the presence of pipelines, utility lines, or rail lines and appurtenances thereto, including, but not limited to, markers used in maintenance, operation, observation, and safety.

History. Acts 1975, No. 999, § 1; A.S.A. 1947, § 76-2504.1.

27-74-303. Removal — Authority generally — Compensation.

  1. The State Highway Commission is authorized and empowered to require the removal of all outdoor advertising signs, displays, and devices which do not conform to the provisions of this subchapter and which are lawfully erected beyond six hundred sixty feet (660') from the nearest edge of the right-of-way, located outside of urban areas, visible from the main-traveled way of the interstate, primary, or any other state highway designated by the commission and erected with the purpose of their message being read from the main-traveled way.
  2. The right may be enforced by means of a mandatory injunction or other appropriate remedy. However, just compensation shall be paid upon the removal of signs, devices, and displays that were lawfully erected beyond six hundred sixty feet (660') of the right-of-way line of the interstate, primary, or other state highway. This compensation shall be paid for the taking from the owner of the sign, display, or device, and the taking of all right of title, leasehold, and interest in the sign, display, or device, and the taking from the owner of the real property on which the sign, display, or device is located, of the right to erect and maintain the signs, displays, and devices thereon.

History. Acts 1975, No. 999, § 2; A.S.A. 1947, § 76-2505.1.

Subchapter 4 — Control of Junkyards

Preambles. Acts 1967, No. 640 contained a preamble which read:

“Whereas, the Congress of the United States has enacted legislation in the Highway Beautification act of 1965 which will cause substantial losses in federal-aid highway funds apportioned to Arkansas on or after January 1, 1968, unless the Arkansas General Assembly enacts conforming legislation (a) to regulate the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to the federal-aid Interstate and Primary Systems; (b) to regulate the establishment, use and maintenance of junkyards in such areas; and (c) to provide for the payment of full and just compensation upon the removal and relocation of outdoor advertising signs and junkyards; and

“Whereas, the Congress of the United States has made available additional federal funds for use in landscape and roadside development within federal-aid highway rights of way and for acquisition of interests and improvement of strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to such federal-aid highways;

“Now, therefore….”

Effective Dates. Acts 1967, No. 640, Art. 5: emergency failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent Federal Highway legislation, particularly Public Law 89-285, approved October 22, 1965, and cited as the ‘Highway Beautification Act of 1965’ makes it necessary that the State of Arkansas provide for the regulation and control of outdoor advertising and junkyards or lose many millions of dollars of Federal-aid Highway funds greatly needed and required in this state to construct and maintain a suitable and efficient highway system; and it being further found and determined that the erection and maintaining of outdoor advertising and the establishment and maintenance of junkyards along the Federal-aid Interstate and Primary Highways of this state, unless controlled, mar the natural scenic beauty along such highways; and it being further found and determined that landscaping, scenic enhancement and rest and recreation areas adjacent to all Federal-aid Highways of this state are needed for the accommodation and enjoyment of our citizens and for the attraction of tourists, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.” Approved Apr. 6, 1967.

Acts 1989, No. 211, § 4: Feb. 24, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the effective control of junkyards in the State is essential to the public health, safety, and welfare; that the provisions of this Act are immediately needed for the accomplishment of this purpose and that only by giving immediate effect to this Act can these purposes be realized to the fullest possible extent. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Case Notes

Cited: Arkansas State Hwy. Comm'n v. Roark, 309 Ark. 265, 828 S.W.2d 843 (1992).

27-74-401. Policy.

  1. The General Assembly finds and declares that the establishment and use and maintenance of outdoor junkyards in areas adjacent to certain sections of the National System of Interstate and Defense Highways, the primary and other state highways designated by the State Highway Commission shall be controlled in order to protect the public interest, to promote the public health, safety, and welfare, and to preserve natural beauty.
  2. The General Assembly further finds that junkyards which do not conform to the requirements of this chapter are public nuisances.

History. Acts 1967, No. 640, Art. 2, § 1; A.S.A. 1947, § 76-2513.

Case Notes

Cited: Wright v. Arkansas State Hwy. Comm'n, 255 Ark. 158, 499 S.W.2d 606 (1973).

27-74-402. Definitions.

As used in this subchapter:

  1. “Automobile graveyard” means any establishment or place of business that is maintained, used, or operated for the storing, keeping, buying, or selling of five (5) or more wrecked, scrapped, ruined, or dismantled motor vehicles;
  2. “Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, and waste or junked, dismantled, or wrecked automobiles, or parts thereof, or iron, steel, and other old or scrap ferrous or nonferrous materials; and
    1. “Junkyard” means an establishment or place of business that is maintained, used, or operated for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard.
    2. The term “junkyard” shall also include garbage dumps and sanitary fills.

History. Acts 1967, No. 640, Art. 2, § 2; A.S.A. 1947, § 76-2514; Acts 1989, No. 211, § 1; 2005, No. 2147, § 1.

27-74-403. Notice.

Any person contemplating or planning the establishment of a junkyard is charged with notice of the provisions of this subchapter with respect to screening, relocation, removal, or disposal of such junkyards.

History. Acts 1967, No. 640, Art. 2, § 5; A.S.A. 1947, § 76-2517.

27-74-404. Enforcement.

  1. The General Assembly finds and declares that junkyards and automobile graveyards that do not conform to the requirements of this subchapter are public nuisances.
  2. The provisions of this subchapter may be enforced by means of restraining order, mandatory injunction, or other appropriate remedy for the abatement of these public nuisances by:
    1. The State Highway Commission; or
    2. The circuit court of the county in which all or part of a junkyard or automobile graveyard is situated upon application by a city or county.

History. Acts 1967, No. 640, Art. 2, § 7; A.S.A. 1947, § 76-2519; Acts 2005, No. 2147, § 2.

27-74-405. Screening requirement.

  1. Except as otherwise herein provided, no junkyards shall be established, operated, or maintained after June 29, 1967, any portion of which is within one thousand feet (1000') of the nearest edge of the right-of-way of any interstate, primary, or other state highway designated by the State Highway Commission in the State of Arkansas unless the junkyards shall be screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main-traveled way of the highway, or shall be removed from sight.
  2. The commission is authorized and directed to promulgate rules governing the location, planting, construction, and maintenance, including materials used therein, of the screening and fencing required under this chapter.

History. Acts 1967, No. 640, Art. 2, § 3; A.S.A. 1947, § 76-2515; Acts 2019, No. 315, § 3173.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

Case Notes

In General.

Acts 1955, No. 212, which imposed a penalty of $100 a day for each day a person kept or maintained five nonoperative automobiles within one-half mile of any paved highway, regardless of whether they could be seen or not, was held to be arbitrary and unreasonable in that it gave the person involved no opportunity at all to save his business by obstructing it from the view of the persons who travel the highway in attempting to effect the act's intended purpose, which could have only been to protect the traveling public from unsightly views, which was an esthetic consideration. Bachman v. State, 235 Ark. 339, 359 S.W.2d 815 (1962) (decision under prior law).

Zoning.

An established junkyard cannot become a permitted junkyard and thereby avoid the screening requirements by subsequent zoning to industrial usage so as to come within the exception in § 27-74-406. Arkansas State Hwy. Comm'n v. Roark, 309 Ark. 265, 828 S.W.2d 843 (1992).

27-74-406. Permitted junkyards.

Nothing contained in this subchapter shall prohibit the establishment, maintenance, and operation of outdoor junkyards, automobile graveyards, and scrap metal processing facilities within one thousand feet (1000') of the nearest edge of the right-of-way of interstate or primary state highways:

  1. Within those areas which are zoned industrial under authority of the laws of this state;
  2. Within those unzoned industrial areas which may be determined by agreement between the State Highway Commission and the United States Secretary of Transportation; or
  3. Within other areas, when effectively screened as not to be visible from any point on the main-traveled way of such interstate or primary state highway.

History. Acts 1967, No. 640, Art. 2, § 4; A.S.A. 1947, § 76-2516.

Case Notes

Zoning.

An established junkyard cannot become a permitted junkyard and thereby avoid the screening requirements of this section by subsequent zoning to industrial usage. Arkansas State Hwy. Comm'n v. Roark, 309 Ark. 265, 828 S.W.2d 843 (1992).

The exemption for industrial zoning applies to zoning in existence on the effective date of the act. Arkansas State Hwy. Comm'n v. Roark, 309 Ark. 265, 828 S.W.2d 843 (1992).

27-74-407. Screening and removal — Compensation.

    1. The screening of any junkyard by natural objects, plantings, fences, or other appropriate means, so as not to be visible from the main-traveled way of any interstate or primary state highway, may be required by:
      1. The State Highway Commission; or
      2. The circuit court of the county in which all or part of a junkyard or automobile graveyard is situated upon application by a city or county.
    2. The removal from sight of any junkyard not so screened that is visible from the main-traveled way of the interstate or primary state highway may be required by:
      1. The commission; or
      2. The circuit court of the county in which all or part of a junkyard or automobile graveyard is situated upon application by a city or county.
  1. When the commission determines that the topography of the land will not permit adequate screening or that the screening would not be economically feasible, then just compensation shall be paid for the relocation, removal, or disposal of the following junkyards:
    1. Those lawfully in existence on October 22, 1965;
    2. Those lawfully along any highway in this state made a part of the state highway system on or after October 22, 1965, and before June 29, 1967; and
    3. Those lawfully established on or after June 29, 1967.
  2. The commission is:
    1. Given the option of relocation, removal, or disposal of affected junkyards; and
    2. Also authorized to make such payments when in the best interests of the state.
  3. No compensation shall be paid for the relocation, removal, or disposal of any junkyards except those enumerated in this section.

History. Acts 1967, No. 640, Art. 2, § 5; A.S.A. 1947, § 76-2517; Acts 2005, No. 2147, § 3.

Case Notes

Actions.

An action under this section is in the nature of an eminent domain proceeding and may constitute the taking of private property rights entitling the affected property owners to just compensation. Foster v. Ark. State Hwy. Comm'n, 258 Ark. 176, 527 S.W.2d 601 (1975).

An action under this section requiring a junkyard owner to relocate his junkyard is an action in the nature of an eminent domain proceeding. Foster v. Arkansas State Hwy. Comm'n, 263 Ark. 62, 562 S.W.2d 298 (1978).

Compensation.

Where State Highway Commission brought petition for mandatory injunction, it was proper for landowner to claim compensation, and such an action by the landowner was not in violation of Ark. Const., Art. 5, § 20, as being a suit against the state. Foster v. Ark. State Hwy. Comm'n, 258 Ark. 176, 527 S.W.2d 601 (1975).

Evidence.

Evidence that junkyard owner used his own equipment to relocate his junkyard and that the value of the equipment and labor used to accomplish the relocation was $23,040, that the owner had no records of out-of-pocket expenses or amount he paid his sons to aid in the relocation, that value of the one acre he owned in his former junkyard was $3,000 and he paid $10 rent for the remaining nine acres, award to owner for relocation of $17,000 was not against the preponderance of the evidence. Foster v. Arkansas State Hwy. Comm'n, 263 Ark. 62, 562 S.W.2d 298 (1978).

Interest.

Junkyard owner who sought damages for the relocation of his junkyard was not entitled to interest on compensation award where, as of the trial date, he had not completed relocating or removing the debris and old automobiles from the yard and thus had not surrendered possession. Foster v. Arkansas State Hwy. Comm'n, 263 Ark. 62, 562 S.W.2d 298 (1978).

Pleadings.

In action for mandatory injunction for screening or removal of junk, an answer by landowner is not necessary in order for him to obtain compensation, so long as he is not seeking special damages. Foster v. Ark. State Hwy. Comm'n, 258 Ark. 176, 527 S.W.2d 601 (1975).

Screening.

The imposition of the cost of screening a person's junkyard was a deprivation of his vested property rights without just compensation and was unconstitutional as applied to him. Ark. State Hwy. Comm'n v. Turk's Auto Corp., 254 Ark. 67, 491 S.W.2d 387 (1973).

27-74-408. Agreements with the United States.

The State Highway Commission is authorized to enter into agreement with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, relating to the control of junkyards in areas adjacent to those sections of the federal-aid interstate and federal-aid primary highway systems lying in Arkansas and to act in the name of the State of Arkansas in complying with the terms of such agreements.

History. Acts 1967, No. 640, Art. 2, § 6; A.S.A. 1947, § 76-2518.

U.S. Code. Control of junkyards, 23 U.S.C. § 136.

27-74-409. Highway Clean-up Grant Program.

  1. There is created the “Highway Clean-up Grant Program”, to be administered by the State Highway Commission.
  2. The program shall provide grants to cities and counties to assist local law enforcement, county prosecuting attorneys, and city attorneys with the enforcement of this section.
    1. The commission shall promulgate the rules necessary for the implementation of the program.
    2. The rules shall include:
      1. The procedure for making an application for a grant;
      2. The selection criteria for a grant;
      3. The limitations on use of grant money; and
      4. A procedure to provide for accountability of grant recipients and the monitoring of expenditures by grant recipients.
  3. This section shall be contingent on the appropriation and availability of funding for the program.

History. Acts 2005, No. 2147, § 4.

Subchapter 5 — Scenic Easements

Preambles. Acts 1967, No. 640 contained a preamble which read:

“Whereas, the Congress of the United States has enacted legislation in the Highway Beautification act of 1965 which will cause substantial losses in federal-aid highway funds apportioned to Arkansas on or after January 1, 1968, unless the Arkansas General Assembly enacts conforming legislation (a) to regulate the erection and maintenance of outdoor advertising signs, displays and devices in areas adjacent to the federal-aid Interstate and Primary Systems; (b) to regulate the establishment, use and maintenance of junkyards in such areas; and (c) to provide for the payment of full and just compensation upon the removal and relocation of outdoor advertising signs and junkyards; and

“Whereas, the Congress of the United States has made available additional federal funds for use in landscape and roadside development within federal-aid highway rights of way and for acquisition of interests and improvement of strips of land necessary for the restoration, preservation and enhancement of scenic beauty adjacent to such federal-aid highways;

“Now, therefore….”

Effective Dates. Acts 1967, No. 640, Art. 5: emergency failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that recent Federal Highway legislation, particularly Public Law 89-285, approved October 22, 1965, and cited as the ‘Highway Beautification Act of 1965’ makes it necessary that the State of Arkansas provide for the regulation and control of outdoor advertising and junkyards or lose many millions of dollars of Federal-aid Highway funds greatly needed and required in this state to construct and maintain a suitable and efficient highway system; and it being further found and determined that the erection and maintaining of outdoor advertising and the establishment and maintenance of junkyards along the Federal-aid Interstate and Primary Highways of this state, unless controlled, mar the natural scenic beauty along such highways; and it being further found and determined that landscaping, scenic enhancement and rest and recreation areas adjacent to all Federal-aid Highways of this state are needed for the accommodation and enjoyment of our citizens and for the attraction of tourists, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.” Approved Apr. 6, 1967.

Case Notes

Cited: Arkansas State Hwy. Comm'n v. Roark, 309 Ark. 265, 828 S.W.2d 843 (1992).

27-74-501. Policy.

  1. The General Assembly finds and declares that the restoration, preservation, and enhancement of scenic beauty within and adjacent to many of the state highways are conducive to safe, efficient, and comfortable use of these facilities and necessary to protect the public investment.
  2. Therefore, it is the duty of the State Highway Commission to adopt, promulgate, and enforce reasonable rules for landscape and roadside development of the scenic values of selected areas adjacent to these highways through the acquisition and development of scenic easements on and improvement of strips of land necessary for the restoration, preservation, and enhancement of such scenic beauty, including scenic overlooks and rest and recreation areas.

History. Acts 1967, No. 640, Art. 3, § 1; A.S.A. 1947, § 76-2520; Acts 2019, No. 315, § 3174.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b).

27-74-502. Acquisition of land.

  1. The State Highway Commission is authorized to acquire and improve strips of land necessary for the restoration, preservation, and enhancement of scenic beauty within and adjacent to the state highway system and the federal-aid highways of this state, including acquisition for publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the highway right-of-way reasonably necessary to accommodate the traveling public.
  2. Any acquisition shall be in accord with the provisions of law pertaining to real property acquisition for highway, road, and street purposes.
  3. The interest in any land authorized to be acquired and maintained under this chapter may be the fee simple or any lesser interest as determined by the commission to be reasonably necessary to accomplish the purposes of this chapter.
  4. This acquisition may be by gift, purchase, exchange, or condemnation.

History. Acts 1967, No. 640, Art. 3, § 2; A.S.A. 1947, § 76-2521.

Chapter 75 Highway Construction Compact

27-75-101. U.S. Highway 82 Four Lane Construction Compact.

The Governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the following form, with the states of Mississippi, Alabama, Texas and any other state in which lies a portion of U.S. Highway 82; and the General Assembly hereby signifies in advance its approval and ratification of such compact, which compact is as follows:

U.S. HIGHWAY 82 FOUR LANE CONSTRUCTION COMPACT

ARTICLE I.

The purpose of this compact is to promote and ensure the four laning of U.S. Highway 82 within the party states and to establish a joint interstate authority to assist that effort.

ARTICLE II.

This compact shall become effective immediately as to the states ratifying it whenever the state of Arkansas and any other eligible state has ratified it and Congress has given consent thereto.

ARTICLE III.

The states which are parties to this compact (referred to as “party states”) do hereby establish and create a joint agency which shall be known as the U.S. Highway 82 Four Lane Construction Authority (hereinafter referred to as “the authority”). The membership of such authority shall consist of representatives from each of the party states to be selected in the manner provided by laws enacted by the party states. The members of the authority shall not be compensated for service on the authority, but each of the members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice-chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage and coordinate the efforts of the party states to secure the timely four laning of U.S. Highway 82 within the party states. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the four laning of U.S. Highway 82 within the party states, and to make reports thereon; to acquire, by gift, grant or otherwise, from local, state, federal or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in the four laning of U.S. Highway 82 within the party states; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the four laning of U.S. Highway 82 within the party states.

ARTICLE IV.

The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures and significance of the four lane completion and the informational, educational and publicity methods of stimulating general interest in such construction, and who shall be the compact administrator. The term of office of the secretary shall be at the pleasure of the authority, and such officer shall receive such compensation as the authority shall prescribe. The secretary shall maintain custody of the authority's books, records and papers, which shall be kept by the secretary at the office of the authority, and shall perform all functions and duties and exercise all powers and duties which may be delegated to the secretary by the authority.

ARTICLE V.

Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the authority funds for the establishment and operation of the authority. The contribution of each party state will be in equal amounts.

ARTICLE VI.

Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other highway construction project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.

ARTICLE VII.

This compact shall continue in force and remain binding upon each party state until the legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or the Governor. Notice of such action shall be given to the other party state or states by the party state which takes such action.

History. Acts 1989, No. 622, § 1.

27-75-102. Powers.

There is hereby granted to the Governor and to the members of the authority for Arkansas all the powers provided for in the compact. All officers of the State of Arkansas are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of the compact.

History. Acts 1989, No. 622, § 2.

27-75-103. Authority — Members.

The representatives from the State of Arkansas who shall be members of the U.S. Highway 82 Four Lane Construction Authority shall be the five (5) members of the State Highway Commission who are each duly serving in the capacity as such a commissioner. During the course and extent of the compact, any newly appointed commissioner, or one appointed to fill the unexpired term of a commissioner, shall be a member of the authority and the replaced commissioner shall cease to be a member of the authority.

History. Acts 1989, No. 622, § 3.

27-75-104. Consent of United States Congress.

The authority shall have the power to apply to the Congress of the United States for its consent and approval of the compact; but, in the absence of the consent of Congress and until such consent is secured, the compact shall be binding upon the State of Arkansas in all respects permitted by law for the party states, without the consent of Congress, to cooperate for the purpose enumerated in the compact and in the manner provided therein.

History. Acts 1989, No. 622, § 4.

Chapter 76 Regional Mobility Authority Act

Subchapter 1 — General Provisions

27-76-101. Title.

This chapter is known and may be cited as the “Regional Mobility Authority Act”.

History. Acts 2007, No. 389, § 1.

27-76-102. Legislative findings.

The General Assembly finds that:

  1. Many transportation projects cannot be completed because the transportation construction and maintenance needs of the State of Arkansas far exceed the budget for highway construction and maintenance;
  2. Counties and municipalities have limited budgets for transportation construction and maintenance. As a result, they are often unable to be financial partners with the Arkansas Department of Transportation;
  3. Through the creation of regional mobility authorities throughout the state, counties and municipalities are empowered to become better partners for highway construction and maintenance with the department and the State Highway Commission; and
  4. The funding of regional mobility authorities is intended to supplement state and federal transportation funds. Such funding is not intended to substitute for state and federal transportation aid to counties and municipalities.

History. Acts 2007, No. 389, § 1; 2017, No. 707, § 424.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (2).

27-76-103. Definitions.

As used in this chapter:

    1. “Bond” means a revenue bond or note issued under this chapter by a regional mobility authority created under the Regional Mobility Authority Act, § 27-76-101 et seq.
    2. “Bond” includes any other financial obligation of a regional mobility authority authorized by this chapter, the laws of this state, or the Arkansas Constitution;
    1. “Compensation” means any payment for the value of the use of time or the expenditure of moneys, including without limitation:
      1. A salary; or
      2. Per diem allowance.
    2. “Compensation” does not include reimbursement as provided under § 27-76-302(d);
  1. “Debt service” means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, and rebate costs and the amounts necessary to establish and maintain debt service reserves as provided in the authorizing resolution or trust indenture identified under this chapter;
  2. “Governmental entity” means a lawfully created branch, department, or agency of the federal, state, or local government;
  3. “Owner” means any individual, partnership, association, corporation, or organization having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the regional mobility authority of this chapter;
  4. “Person” means any individual, partnership, corporation, or other entity recognized by law as having power to contract;
  5. “Project development” means all phases of implementation conducted in relation to a transportation project, including without limitation:
    1. Planning;
    2. Environmental clearances;
    3. Surveys;
    4. Design;
    5. Utility adjustments;
    6. Right-of-way acquisition;
    7. Construction; and
    8. Construction inspection;
  6. “Public utility facility” means a facility that is either publicly or privately owned and that provides direct or indirect utility service to the public, including without limitation:
    1. Sewage and water pumping stations;
    2. Sewage and water treatment facilities;
    3. Telephone electronic structures; and
    4. Major electrical power lines, pipelines, or substations whose major purpose is transport through a community;
  7. “Registered owner” means an owner of a motor vehicle as shown on the vehicle registration records maintained by the Office of Motor Vehicle or the analogous department or agency of another state or country;
    1. “Toll facility project” means:
      1. Any new highway constructed under the provisions of this chapter by a regional mobility authority as a toll road; and
      2. All property, rights, easements, rights-of-way, and interest that may be acquired by the regional mobility authority for or in connection with the construction or operation of a toll road.
    2. “Toll facility project” includes without limitation the following as the regional mobility authority deems necessary or desirable for the operation of a toll road:
      1. Lands;
      2. Rights-of-way;
      3. Bridges;
      4. Tunnels;
      5. Overpasses;
      6. Underpasses;
      7. Interchanges;
      8. Entrance plazas;
      9. Approaches;
      10. Toll houses;
      11. Administration buildings;
      12. Storage buildings;
      13. Other buildings; and
      14. Facilities;
    1. “Toll facility project costs” means any direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping toll facility projects, including without limitation:
      1. The cost of the acquisition of all lands, property, rights, rights-of-way, easements, and interests acquired by a governmental entity;
      2. The cost of demolishing or removing buildings or structures on the land so acquired;
      3. The cost of acquiring any lands to which those buildings or structures may be moved;
      4. The cost of all machinery and equipment;
      5. Financing charges, including interest accrued:
        1. Prior to construction;
        2. During construction; or
        3. For a period after construction;
      6. The establishment of necessary funds and reserves;
      7. The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues;
      8. Administration expense, expenditures, or any other expense that is necessary or incidental to determining the feasibility or practicability of a toll facility project; and
      9. Cost, expenditure, or any other expense that is necessary or incidental to the construction of a toll facility project, the finance of the construction, and the placement of the toll facility project into operation.
    2. Toll facility project costs also shall include any obligation, expense, or expenditure incurred or made by the regional mobility authority for matters pertaining to a toll facility project, including without limitation:
      1. Feasibility studies;
      2. Traffic surveys;
      3. Borings;
      4. Preparation of plans and specifications;
      5. Engineering services; and
      6. Cost, expenditure, or any other expense that is regarded as part of the costs of a toll facility project and that may be reimbursed to the State Highway Commission or other agency or department of the state out of the proceeds of revenue bonds or out of any other available funds of the commission;
  8. “Toll facility project revenues” means, without limitation, any tolls, rentals, license and permit revenues, contractual receipts, gifts, grants, moneys, charges, and other funds, including federal aid highway funds, and property of whatever nature coming into the possession of or under the control of the board of directors of the regional mobility authority by virtue of this chapter, except the proceeds derived from the sale of revenue bonds issued under this chapter;
  9. “Transponder” means a device placed on or within a vehicle that is capable of transmitting or receiving information used to assess or collect tolls;
  10. “Transportation project” means:
    1. Any part of a transportation system;
    2. Construction on or of any part of a transportation system;
    3. Maintenance on or operation of any part of a transportation system; or
    4. Preservation of any part of a transportation system; and
  11. “Transportation system” means infrastructure that provides mobility for people or goods in a region, including without limitation:
    1. Roads;
    2. Streets;
    3. Highways;
    4. Bridges;
    5. Tunnels;
    6. Sidewalks;
    7. Bicycle paths;
    8. Trails;
    9. Toll facilities;
    10. Pedestrian ways;
    11. Intermodal facilities;
    12. Port authorities;
    13. Waterways;
    14. Railroads;
    15. Parking facilities;
    16. Public transit systems;
    17. Traveler information systems;
    18. Intelligent transportation systems;
    19. Traffic management systems;
    20. Traffic signal systems;
    21. Safety improvements; or
    22. Any other means of surface or water transportation.

History. Acts 2007, No. 389, § 1; 2009, No. 483, § 10; 2011, No. 524, § 1.

Amendments. The 2009 amendment substituted “Toll facility project costs also shall include any” for “Any” in (11)(B).

The 2011 amendment inserted present (15)(H) and (15)(M) and redesignated the remaining subdivisions accordingly.

27-76-104. Exemption from taxation or assessment.

  1. A regional mobility authority is exempt from ad valorem property taxation of or assessments on each of the following:
    1. A transportation system;
    2. A transportation project; and
    3. Property the regional mobility authority acquires or uses under this chapter for a transportation project or transportation system.
  2. Income from the ownership or operation of the regional mobility authority shall be exempt from state income tax.

History. Acts 2007, No. 389, § 1.

27-76-105. Exemption from fees.

  1. Except as provided under subsection (b) of this section, a regional mobility authority is exempt from the payment or assessment of any of the following fees levied by a governmental entity, a property owner's association, or a homeowner's association:
    1. Development fees;
    2. Utility connection fees;
    3. Assessments; and
    4. Service fees.
  2. This section does not apply to fees or assessments charged under approved rate schedules or line extension policies of an electric or a gas utility that is owned by a municipality.

History. Acts 2007, No. 389, § 1.

27-76-106. Immunity.

  1. The powers and duties of a regional mobility authority conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity.
  2. The exercise of the powers and the performance of the duties by a regional mobility authority under this chapter are immune from suit in tort unless immunity is expressly waived in writing.
  3. A regional mobility authority is not immune from suit in contract if the contract arises from the performance of duties authorized by law.

History. Acts 2007, No. 389, § 1; 2011, No. 524, § 3.

Amendments. The 2011 amendment added (c).

27-76-107. Approval required.

Any design or proposal for a road or highway improvement must be approved by the governmental entity that owns the roadway prior to the commencement of the development of the transportation project.

History. Acts 2007, No. 389, § 1.

Subchapter 2 — Creation

27-76-201. Authority to create.

  1. A single county may create a regional mobility authority by adoption of an ordinance.
  2. A combination of contiguous counties may create a regional mobility authority by each county:
    1. Adopting an ordinance that provides for the county's participation in the regional mobility authority; and
    2. Entering into a joint agreement with the other participating counties that states the jurisdictional boundaries of the regional mobility authority.
  3. This section shall not limit additional contiguous counties or municipalities from becoming a member in the regional mobility authority as provided under § 27-76-203.

History. Acts 2007, No. 389, § 1.

27-76-202. Purposes.

The purposes of a regional mobility authority created under this chapter are to:

  1. Plan, construct, operate, or fund transportation projects of the regional mobility authority; or
  2. Plan, construct, operate, or fund improvements to a transportation system of the regional mobility authority.

History. Acts 2007, No. 389, § 1.

27-76-203. Membership in regional mobility authority.

  1. To become a member of a regional mobility authority, a governing body of a municipality or county within the jurisdictional boundaries of the regional mobility authority shall:
    1. Provide by ordinance for the participation of the municipality or county in the regional mobility authority; and
    2. Enter into an agreement with the other participating members if such members exist.
    1. The agreement between members of a regional mobility authority shall establish the terms and conditions of the operation of the regional mobility authority with the limitations provided in this chapter and other applicable laws.
    2. If a regional mobility authority is composed of a single county, the terms and conditions of the operation of the regional mobility authority shall be established in the ordinance authorizing the creation of the regional mobility authority.
  2. To the extent that it is consistent with this chapter, the agreement shall comply with the provisions of § 25-20-104(c).

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 1.

Amendments. The 2013 amendment added (b)(2).

27-76-204. Public corporation status.

Upon creation of a regional mobility authority:

  1. The regional mobility authority and its members shall:
    1. Constitute a public corporation; and
    2. Have perpetual succession; and
  2. The regional mobility authority and its members may:
    1. Contract and be contracted with;
    2. Sue and be sued in tort to the extent that it has expressly waived liability in writing; and
    3. Have and use a common seal.

History. Acts 2007, No. 389, § 1.

Subchapter 3 — Governance

27-76-301. Generally.

A regional mobility authority created under this chapter shall be operated and controlled by a board of directors.

History. Acts 2007, No. 389, § 1.

27-76-302. Board of directors.

  1. A board of directors shall manage and control each regional mobility authority created under this chapter, including the following:
    1. Property;
    2. Operations;
    3. Business; and
    4. Affairs.
  2. The board of directors shall be solely responsible for selecting the chair of the board of directors and establishing procedures by which it shall operate.
  3. A director shall not receive compensation in any form from or for his or her services as a director.
  4. Each director shall be entitled to reimbursement by the regional mobility authority for any necessary expenditures incurred in connection with the performance of his or her general duties as a director.

History. Acts 2007, No. 389, § 1.

27-76-303. Membership on board of directors.

  1. Unless the structure of the board of directors is otherwise specified in the agreement establishing the regional mobility authority, the board of directors of a regional mobility authority shall consist of no fewer than five (5) directors as provided under this section.
    1. The board of directors shall include the county judge or designated representative of each county that is a member of the regional mobility authority and the mayor or designated representative of each city of the first class that is a member of the regional mobility authority.
    2. If the number of directors is fewer than five (5) after fulfilling the requirements of subdivision (b)(1) of this section, then mayors or designated representatives of the cities of the second class that are members of the regional mobility authority are appointed to the board of directors in descending order of population as determined by the last federal decennial census until five (5) directors have been appointed.
    3. If the number of directors is fewer than five (5) after fulfilling the requirements of subdivisions (b)(1) and (2) of this section, the county judge or designated representative of each county that is a member of the regional mobility authority and the mayor or designated representative of each city of the first class that is a member of the regional mobility authority shall:
      1. Each appoint an additional director to the board of directors; and
      2. If the number of directors is fewer than five (5) after fulfilling the requirement of subdivision (b)(3)(A) of this section, continue to appoint additional directors to the board of directors until:
        1. The number of directors is at least five (5); and
        2. Each county judge or designated representative of each county that is a member of the regional mobility authority and each mayor or designated representative of each city of the first class that is a member of the regional mobility authority has appointed an equal number of directors to the board of directors.
  2. The designated representative of a county judge or mayor under subsection (b) of this section shall be a qualified elector of the jurisdiction that the designated representative is appointed to represent.
  3. If a city of the second class becomes a city of the first class and is a member of the regional mobility authority, the mayor of that city or designated representative shall become a director.
  4. Membership of cities of the second class on the board of directors shall be adjusted after each federal decennial census.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 2.

Amendments. The 2013 amendment added (b)(3).

27-76-304. Terms of directors.

  1. A director who is a public official may serve on the board of directors during his or her term of office as the county judge or mayor of a member of a regional mobility authority.
  2. A director who is the designated representative of the mayor or county judge of a member of the regional mobility authority serves at the pleasure of the mayor of the municipality or the county judge of the county that is a member of the regional mobility authority.

History. Acts 2007, No. 389, § 1.

Subchapter 4 — Powers and Duties

27-76-401. Powers generally.

The board of directors of a regional mobility authority created under this chapter may:

  1. Make and adopt all necessary bylaws for its organization and operation;
  2. Elect officers and employ personnel necessary for its operation;
  3. Build, operate, maintain, expand, fund, or own a transportation project or a transportation system;
  4. Apply for, receive, and spend grants for any purpose under this chapter;
  5. Enter into contracts as provided in § 27-76-403;
  6. Enter into any agreement with any road or street improvement district established under § 14-316-101 et seq., § 14-317-101 et seq., and § 14-322-101 et seq.;
  7. Enter into any agreement with the State Highway Commission and the Arkansas Department of Transportation;
  8. Acquire lands and hold title to the lands acquired in its own name;
  9. Acquire, own, use, and dispose of property in the exercise of its powers and the performance of its duties under this chapter;
  10. Acquire any property necessary to carry out the purposes of this chapter by exercising the power of eminent domain as provided under § 27-76-501 et seq.;
  11. Enter into agreements or contracts as provided under this chapter;
  12. Construct or change grade separations as provided under § 27-76-404;
  13. Fund feasibility studies as provided under §§ 27-76-405 and 27-76-406;
  14. Enter into agreements for joint transportation projects or transportation systems between regional mobility authorities as provided under § 27-76-407;
  15. Transfer a transportation project or transportation system as provided under § 27-76-408;
  16. Develop and utilize financing options as provided under § 27-76-601 et seq.;
  17. Issue revenue bonds and provide for the financing of revenue bonds as provided under § 27-76-601 et seq.;
  18. Impose and collect tolls for a toll facility project owned or operated by the regional mobility authority subject to voter approval as provided under § 27-76-701(d);
  19. Impose and collect charges or rates for the use of a transportation system or transportation project that is owned or operated by the regional mobility authority, other than a toll facility project, specifically to set:
    1. Passenger charges for public transit system users;
    2. Parking fees for users of parking decks or other parking facilities;
    3. Ferry fees for the use of ferries;
    4. Passenger and freight fees for the use of railroads;
    5. Freight and user fees for the use of intermodal and port facilities;
    6. Access fees and charges for the use of traveler information systems; or
    7. Other fees and charges that are usually and customarily charged of users of a transportation system or a transportation project;
  20. Index the cost for construction materials to the cost set by the market;
  21. Request and receive from time to time from counties or cities within the boundaries of the regional mobility authority funds to finance and support the regional mobility authority, including county or city turnback funds as set forth in §§ 27-70-206 and 27-70-207;
  22. Promote the use of a transportation project through advertising or marketing as it determines to be appropriate, including the promotion of a transportation project operated by a regional mobility authority on behalf of another entity;
  23. Receive property or funds by gift or donation for the finance and support of the regional mobility authority; and
  24. Do all things necessary or appropriate to carry out the powers expressly granted or duties expressly imposed under this chapter.

History. Acts 2007, No. 389, § 1; 2017, No. 707, § 425.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (7).

27-76-402. Limitations.

  1. Notwithstanding any other provision of law, a regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or concession agreement related to a toll facility.
  2. Notwithstanding any other provision of law, a toll facility project established by a regional mobility authority shall be for construction of new highways only.
  3. Notwithstanding any other provision of law, a regional mobility authority shall not establish a toll facility project without voter approval of the initial imposition of the tolls, including the initial toll rate, and if revenue bonds are to be issued by the regional mobility authority to fund all or a portion of the costs of the toll facility project, the issuance of the maximum principal amount of bonded indebtedness.
  4. Notwithstanding any other provision of law, a regional mobility authority shall not acquire or receive by conveyance a transportation project or transportation system from another public or private entity that is either completed or for which a construction notice to proceed has been issued to convert the transportation project or transportation system to a toll facility project.

History. Acts 2007, No. 389, § 1.

27-76-403. Authority to contract.

  1. A regional mobility authority created under this chapter may enter into agreements or contracts with a governmental entity or a private entity.
  2. The types of agreements or contracts that a regional mobility authority may enter into under this chapter include without limitation:
    1. Lease agreements;
    2. Rental agreements;
    3. Operating agreements;
    4. Service agreements;
    5. License agreements;
    6. Promotional agreements;
    7. Purchasing agreements; and
    8. Public-private partnership agreements for transportation projects concerning rail, waterway, or trail.
  3. The scope of agreements or contracts that a regional mobility authority may enter into under this chapter includes without limitation:
    1. Rent, lease, or make property available for the benefit of users of a transportation project or a transportation system other than a public utility facility;
    2. Plan, design, construct, operate, or maintain a transportation project on behalf of a governmental entity within the boundaries of the regional mobility authority; and
    3. Acquire with the consent of a governmental entity or private entity a transportation project or transportation system from that entity and assume any debts, obligations, and liabilities of the entity relating to a transportation project or transportation system transferred to the regional mobility authority, provided that a regional mobility authority shall not acquire a transportation project or transportation system from another public or private entity that is completed or for which a construction notice to proceed has been issued to convert the transportation project or transportation system to a toll facility project.
  4. A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.

History. Acts 2007, No. 389, § 1; 2011, No. 524, § 2.

Amendments. The 2011 amendment added (b)(8).

27-76-404. Actions affecting existing roads — Grade separation.

  1. A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section.
  2. A regional mobility authority shall obtain consent from the Arkansas Department of Transportation and the State Highway Commission before constructing a grade separation under this section that affects a segment of the state highway system.
  3. A regional mobility authority shall pay the cost of a grade separation and any damage incurred in changing a line of a railroad or the grade of a highway as part of the cost of the transportation project.
    1. On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.
    2. On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.
    3. Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority.
    4. Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project.

History. Acts 2007, No. 389, § 1; 2017, No. 707, § 426.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-76-405. Expenditures for feasibility studies.

  1. A regional mobility authority may pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of bonds for a proposed transportation project by:
    1. Using legally available revenue derived from an existing transportation project;
    2. Borrowing money, issuing bonds, or entering into a loan agreement payable out of legally available revenue anticipated to be derived from the operation of an existing transportation project;
    3. Pledging to the payment of the bonds or a loan agreement legally available revenue anticipated to be derived from the operation of a transportation project; or
    4. Pledging to the payment of the bonds or loan agreement legally available revenue to the regional mobility authority from another source.
  2. Money spent by a regional mobility authority under this section for a proposed transportation project may be reimbursed to the transportation project from which the money was spent from the proceeds of bonds issued for the acquisition and construction of the proposed transportation project.
  3. The use of any money of a transportation project to study the feasibility of another transportation project or used to repay any money used for that purpose does not constitute an operating expense of the transportation project producing the revenue and may be paid only from the surplus money of the transportation project as determined by the regional mobility authority.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 3.

Amendments. The 2013 amendment substituted “may be reimbursed” for “shall be reimbursed” in (b).

27-76-406. Reimbursement for feasibility studies.

  1. The following are allowable reimbursable expenses for studying the cost and feasibility of a transportation project as provided under this section:
    1. The preparation and issuance of bonds for the acquisition or construction of a proposed transportation project by a regional mobility authority; or
    2. The improvement, extension, or expansion of an existing transportation project of the regional mobility authority.
  2. Any of the following may pay all or part of the expenses under this section related to a transportation project and be reimbursed as provided under this section:
    1. One (1) or more municipalities, counties, or other governmental entities;
    2. A combination of municipalities, counties, or other governmental entities;
    3. A governmental entity or private entity with its place of business in this state; or
    4. An individual who resides in this state.
    1. Funds expended under this section for a proposed transportation project are reimbursable without interest and with the consent of the regional mobility authority to the person paying the expenses as provided under this section.
    2. The reimbursements shall be paid out of the proceeds from revenue bonds issued for or other moneys that may be used for the acquisition, construction, improvement, extension, expansion, maintenance, repair, or operation of the transportation project.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 4.

Amendments. The 2013 amendment substituted “moneys” for “proceeds” in (c)(2).

27-76-407. Joint transportation projects or joint transportation systems between regional mobility authorities.

  1. If two (2) or more regional mobility authorities determine that the traffic needs within the boundaries of each regional mobility authority could be most efficiently and economically met by jointly operating two (2) or more transportation projects in the separate regional mobility authorities, then the regional mobility authorities may create one (1) operational and financial enterprise to operate the transportation projects.
  2. If a regional mobility authority determines that a transportation project could most efficiently and economically be acquired or constructed if it were a part of the transportation system and that the addition will benefit the system, the regional mobility authority may:
    1. Create more than one (1) transportation system and may combine two (2) or more transportation systems into one (1) system; or
    2. Finance, acquire, construct, and operate additional transportation projects as additions to or expansions of a transportation system.
  3. The revenue of a transportation system that is merged under this section shall be accounted for separately and shall not be commingled with the revenue of a transportation project that is not a part of the transportation system that was merged under this section or with the revenue of another transportation system.

History. Acts 2007, No. 389, § 1.

27-76-408. Transfer of a transportation project or transportation system — Procedure.

  1. A regional mobility authority may sell, lease, or convey any of its transportation projects or transportation systems to one (1) or more governmental entities, or a governmental entity may convey a transportation project or a transportation system to a regional mobility authority if:
    1. The transferee has executed written commitments to assume jurisdiction over the transferred transportation project or transportation system;
    2. The property and contract rights in the transferred transportation project or transportation system and bonds issued for the project or system are not unfavorably affected by the transfer;
    3. The transfer is not prohibited under the bond proceedings applicable to the transferred transportation project or transportation system;
    4. An adequate provision has been made for the assumption of all debts, obligations, and liabilities relating to the transferred transportation project or transportation system by the regional mobility authority or governmental entity that is assuming jurisdiction over the transferred transportation project or transportation system;
    5. The transferee lawfully assumes:
      1. Jurisdiction over the transferred transportation project or transportation system; and
      2. The debts, obligations, and liabilities of the regional mobility authority relating to the transferred transportation project or transportation system; and
    6. The transfer has been approved by the board of directors of the regional mobility authority and the transferee or transferor.
  2. If the requirements of subsection (a) of this section are met, then a regional mobility authority or governmental entity may transfer its work product to determine the feasibility of the construction, improvement, extension, or expansion of a transportation system or transportation project, including without limitation:
    1. Traffic estimates;
    2. Revenue estimates;
    3. Plans;
    4. Specifications;
    5. Surveys;
    6. Appraisals;
    7. Financial work products; or
    8. Other work product developed by the regional mobility authority or governmental entity to determine the feasibility of the construction, improvement, extension, or expansion of a transportation project or transportation system.
    1. A regional mobility authority or governmental entity that accepts a transfer under this section may reimburse the transferor for any expenditures that it made prior to the transfer and any other amounts expended under related agreements.
    2. The reimbursement may be made from the feasibility study fund or other lawful funding source to pay the costs of work product for a transferred transportation project or transportation system.
    3. The reimbursement may be made over time, as determined by the parties.

History. Acts 2007, No. 389, § 1.

27-76-409. Agreements to construct, maintain, and operate transportation projects.

    1. A regional mobility authority may enter into an agreement with a governmental entity.
    2. For purposes of this section, a governmental entity may include:
      1. The federal government;
      2. A state of the United States;
      3. Another governmental entity;
      4. A political subdivision of another governmental entity; or
      5. A toll road corporation owned or operated by any governmental entity.
    1. A regional mobility authority may enter into an agreement to allow a public or private entity to:
      1. Study the feasibility of a transportation project; or
      2. Design, construct, maintain, or repair a transportation project.
    2. A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project.
    3. A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.
    1. A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project.
    2. The development agreement may include provisions relating to:
      1. The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and
      2. Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project.
  1. A regional mobility authority shall not incur a financial obligation on behalf of or guarantee the obligations of a governmental entity or a private entity that constructs, maintains, or operates a transportation project.
  2. A regional mobility authority or a county or municipality that is a member of a regional mobility authority is not liable for any financial or other obligation of a transportation project solely because a governmental entity or a private entity constructs or finances part of a transportation project.
  3. A regional mobility authority shall not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services.

History. Acts 2007, No. 389, § 1.

27-76-410. Consistency of planning.

    1. A regional mobility authority may develop plans for transportation projects.
    2. The plans shall be consistent with state implementation plans, statewide transportation improvement programs if federal aid funds are involved, statewide long-range transportation plans, city and county master street plans, and metropolitan transportation plans in metropolitan areas as required under 23 U.S.C. § 134 as it existed on January 1, 2007.
  1. Nothing in this section shall interfere with the responsibility and authority of metropolitan planning organizations to perform transportation systems planning as required under 23 U.S.C. § 134 as it existed on January 1, 2007.
  2. Nothing in this section shall interfere with the responsibility and authority of the Arkansas Department of Transportation and the State Highway Commission to perform transportation systems planning.

History. Acts 2007, No. 389, § 1; 2017, No. 707, § 427.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c).

Subchapter 5 — Eminent Domain

27-76-501. Generally.

A regional mobility authority may acquire any property necessary to carry out the public purposes of this chapter by exercising the power of eminent domain.

History. Acts 2007, No. 389, § 1.

27-76-502. Entering property.

  1. A regional mobility authority, its agents, or its employees may with the consent of the owner enter upon real property to:
    1. Make surveys;
    2. Perform examinations;
    3. Take photographs;
    4. Perform tests or samplings; or
    5. Engage in other activities for the purpose of appraising the property or determining whether it is suitable for the regional mobility authority's purpose.
  2. If an owner of real property does not consent, a regional mobility authority may seek a court order to enter a property under this section.

History. Acts 2007, No. 389, § 1.

27-76-503. Condemnation petition.

  1. A regional mobility authority may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated to have the compensation for right-of-way determined.
  2. The petition in condemnation shall describe the lands and property sought to be taken.
  3. The regional mobility authority shall give the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.
    1. If the property sought to be taken is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which any part of the property may be located.
    2. The proceedings held in the circuit court shall apply to all of the property described in the petition.
  4. If the owner of the property sought to be taken is a nonresident of the state, notice shall be made in accordance with the Arkansas Rules of Civil Procedure.

History. Acts 2007, No. 389, § 1.

27-76-504. Declaration of taking.

  1. When the immediate possession of lands and property is sought to be obtained, the regional mobility authority may file a declaration of taking with a court of competent jurisdiction at any time before judgment or together with the petition in condemnation.
  2. The petitioner may file a declaration of taking at any time before a judgment is signed or with the petition in condemnation in any proceeding instituted by and in the name of the regional mobility authority that involves the acquisition of real property, an interest in real property, or an easement.
  3. The declaration of taking shall contain or have annexed to it the following:
    1. A statement that the regional mobility authority is taking the real property, the interest in the real property, or the easement;
    2. A statement of the purpose for which the regional mobility authority is taking the real property, the interest in the real property, or the easement for the use of the regional mobility authority;
    3. A description of the real property, the interest in the real property, or the easement that the regional mobility authority is taking, sufficient for the identification thereof;
    4. A plat showing the real property, the interest in the real property, or the easement that the regional mobility authority is taking; and
    5. A statement of the amount of money estimated by the acquiring regional mobility authority to be just compensation for the taking of the real property, the interest in the real property, or the easement.

History. Acts 2007, No. 389, § 1.

27-76-505. Condemnation proceedings and judgment.

  1. The circuit court shall impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation that the regional mobility authority shall pay for the real property, the interest in the real property, or the easement which the regional mobility authority is taking.
  2. The matter shall proceed and be determined as in other civil cases.
  3. In all cases of infants or incompetent persons, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the circuit court to appoint a guardian ad litem who shall represent their interest for all purposes.
  4. Compensation shall be ascertained and awarded in the proceeding and established by judgment therein.

History. Acts 2007, No. 389, § 1.

Subchapter 6 — Financing and Bonds

27-76-601. Financing generally.

  1. A regional mobility authority may be financed or supported by receiving the following:
    1. If requested and adopted, revenue from the levy by a member county of a sales tax under § 26-74-201 et seq., § 26-74-301 et seq., and § 26-74-401 et seq. for the benefit of the regional mobility authority;
    2. If requested and adopted, revenue from the levy by a member city of a sales tax under § 26-75-201 et seq. and § 26-75-301 et seq. for the benefit of the regional mobility authority;
    3. Revenue from a motor vehicle tax imposed by a county that is a member of a regional mobility authority under § 26-78-101 et seq.;
      1. If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of a regional mobility authority by a county or city not to exceed one-half of one percent (0.5%).
      2. A sales and use tax levied as described in this subdivision (a)(4) is in addition to any taxes levied under subdivisions (a)(1)-(3) of this section;
    4. Proceeds from tolls from toll facility projects owned by the regional mobility authority;
    5. Proceeds from charges and rates imposed on surface transportation systems owned by the regional mobility authority that are not toll facility projects;
    6. Proceeds from the sale of bonds;
    7. State turnback funds received from counties that are members of the regional mobility authority and cities that are within the boundaries of a regional mobility authority, under §§ 27-70-206 and 27-70-207;
    8. Other state funding that is appropriated; or
    9. Other funds from a state agency.
  2. Taxes and tolls imposed under subdivisions (a)(1)-(5) of this section shall be approved by voters pursuant to all applicable election laws.
    1. A regional mobility authority shall not use revenue from a transportation project in a manner that is not authorized by this chapter or other law.
    2. Except as provided by this chapter, revenue derived from a transportation project shall not be applied for a purpose or to pay a cost other than a cost or purpose that is reasonably related to or anticipated to be for the benefit of a transportation project.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 5.

Amendments. The 2013 amendment added (a)(4)(B).

27-76-602. Authority to issue bonds.

  1. If a regional mobility authority created under this chapter owns or operates or proposes to own or operate a transportation system and desires to construct improvements, betterments, and extensions thereto, the regional mobility authority may issue revenue bonds pursuant to a bond resolution and under the provisions of this chapter to pay the cost of a transportation project or to pay all or part of the cost of a transportation project that will become part of a transportation system.
  2. If a regional mobility authority pursues the development of a toll facility project, the regional mobility authority may issue revenue bonds pursuant to a bond resolution and under the provisions of this chapter to pay the toll facility project costs with toll facility project revenues.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 6.

Amendments. The 2013 amendment inserted “or proposes to own or operate” in (a).

27-76-603. Tax exempt status.

Bonds issued under this chapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state.

History. Acts 2007, No. 389, § 1.

27-76-604. Bond resolution required.

  1. Bonds issued in accordance with this chapter shall be authorized by resolution of the board of directors of the regional mobility authority.
  2. The bonds may be issued as registered bonds and may be exchangeable for bonds of another denomination or in another form.
  3. As determined in the bond resolution, the bonds of each issue shall:
    1. Be dated;
    2. Bear interest at the rate or rates provided by the bond resolution beginning on the dates provided by the bond resolution as authorized by law or bear no interest;
    3. Mature at the time or times provided by the bond resolution, not exceeding forty (40) years from their date or dates; and
    4. Be made redeemable before maturity at the price or prices and under the terms provided by the bond resolution.
  4. As determined in the bond resolution, the bonds of each issue may:
    1. Be in the form and denominations determined by the board of directors of the regional mobility authority;
    2. Be payable at the places within or without the state determined by the board of directors of the regional mobility authority; or
    3. Contain the terms and conditions determined by the board of directors of the regional mobility authority.
  5. The bonds shall have all of the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration as set forth in this section.
  6. The authorizing resolution may contain any other terms, covenants, and conditions that the board of directors of the regional mobility authority deem to be reasonable and desirable, including without limitation those pertaining to the:
    1. Maintenance of various funds and reserves;
    2. Nature and extent of any security for payment of the bonds;
    3. Custody and application of the proceeds of the bonds;
    4. Collection and disposition of revenues;
    5. Investment for authorized purposes; and
    6. Rights, duties, and obligations of the regional mobility authority and the holders and registered owners of the bonds.
    1. The authorizing resolution may provide for the execution of a trust indenture between the regional mobility authority and any financial institution within or without the State of Arkansas.
    2. The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the board of directors of the regional mobility authority, including without limitation those pertaining to the:
      1. Maintenance of various funds and reserves;
      2. Nature and extent of any security for the payment of the bonds;
      3. Custody and application of the proceeds of the bonds;
      4. Collection and disposition of revenues;
      5. Investment and reinvestment of any moneys during periods not needed for authorized purposes; and
      6. Rights, duties, and obligations of the regional mobility authority and the holders and registered owners of the bonds.
    1. An authorizing resolution and trust indenture relating to the issuance and security of the bonds shall constitute a contract between the regional mobility authority and the holders or registered owners of the bonds.
    2. The contract and all covenants, agreements, and obligations in the contract shall be promptly performed in strict compliance with the terms and provisions of the contract, and the covenants, agreements, and obligations of the regional mobility authority may be enforced by mandamus or other appropriate proceeding at law or in equity.
    1. The resolution shall fix the minimum fees, fares, tolls, or charges to be collected prior to the payment of all of the bonds, with exceptions as may be provided in the resolution, and shall pledge the revenues derived from the regional mobility authority's transportation system or any specified portion of the regional mobility authority's transportation system for the purpose of paying the bonds and interest on the bonds.
    2. The rates to be charged for the use of the regional mobility authority's transportation system shall be sufficient to provide for the payment of all principal of and interest on all bonds when due.
    1. Additional bonds may be issued in the same manner to pay the costs of a transportation project.
    2. Unless otherwise provided in the bond resolution, the additional bonds shall be on a parity, without preference or priority, with bonds previously issued and payable from the revenue of the transportation project.
    3. A regional mobility authority may issue bonds for a transportation project secured by a lien on the revenue of the transportation project subordinate to the lien on the revenue securing other bonds issued for the transportation project.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 7.

Amendments. The 2013 amendment inserted “determined by the board of directors of the regional mobility authority” in (d)(1) and (d)(2); in (d)(3), substituted “determined by the board of directors” for “as the members” and deleted “shall determine” from the end.

27-76-605. Sale.

  1. The bonds may be sold in the manner, either at public or private sale, and upon the terms that the board of directors of the regional mobility authority determines to be reasonable and expedient for effectuating the purposes of the regional mobility authority.
  2. The bonds may be sold at a price that the board of directors of the regional mobility authority determine to be in the best interest of the regional mobility authority, including sale at discount.
    1. The bonds shall be executed by manual or facsimile signature of the chair of the regional mobility authority and the manual or facsimile signature of the secretary of the regional mobility authority or any other officer of the regional mobility authority authorized to do so by resolution of the board of directors.
    2. In case any of the officers whose signatures appear on the bonds shall cease to be the officers before delivery of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes.
  3. Each bond shall be impressed or imprinted with the seal of the regional mobility authority.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 8.

Amendments. The 2013 amendment, in (a), substituted “board of directors” for “members” and “determines” for “shall determine” and made stylistic changes.

27-76-606. Proceeds.

  1. The proceeds of each bond issue shall be disbursed in the manner and under any restrictions as provided in the bond resolution.
    1. The proceeds derived from the sale of the bonds shall be used solely for the purpose of:
      1. Making betterments, improvements, and extensions to a surface transportation system that is either owned or operated or is proposed to be owned or operated by the regional mobility authority;
      2. Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions;
      3. Establishing any necessary reserves for the bonds;
      4. Paying the costs of issuing the bonds; and
      5. Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.
    2. The terms “betterments”, “improvements”, and “extensions” include surface transportation systems as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the regional mobility authority's surface transportation system.
  2. If the proceeds of a bond issue exceed the cost of the transportation project for which the bonds were issued, the surplus shall be segregated from the other money of the regional mobility authority and used only for the purposes specified in the bond resolution.
  3. To the extent permitted under the applicable bond proceedings, revenue from one (1) transportation project or toll facility project of a regional mobility authority may be used to pay the cost of another transportation project or toll facility project of the same regional mobility authority.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 9.

Amendments. The 2013 amendment, in (b)(1)(A), inserted “that is either” and “or is proposed to be owned or operated.”

27-76-607. Repayment.

  1. Bonds issued under this chapter shall be payable from revenues derived from the regional mobility authority's transportation system and any other unrestricted funds of the regional mobility authority.
  2. The bonds shall not in any event constitute an indebtedness of nor pledge the faith and credit of the State of Arkansas or the county or counties or municipality or municipalities creating the regional mobility authority within the meaning of any constitutional provisions or limitations.
  3. It shall be plainly stated on the face of each bond that it:
    1. Is issued under the provisions of this chapter;
    2. Does not constitute an indebtedness of the State of Arkansas or the county or counties or the municipality or municipalities creating the regional mobility authority within any constitutional provisions or limitations; and
    3. Is not backed by the full faith and credit of the State of Arkansas or the county or counties or municipality or municipalities creating the regional mobility authority.
  4. The bonds and the interest on the bonds shall be exempt from all state, county, and municipal taxation, including without limitation income taxation and inheritance taxation.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 10.

Amendments. The 2013 amendment, in (a), deleted “the provisions of” following “under” preceding “this chapter” and added “and any other unrestricted funds of the regional mobility authority” to the end.

27-76-608. Lien in favor of bondholders.

  1. The payment of the principal of bonds issued under this chapter and the interest thereon may be secured by a lien on and security interest in the regional mobility authority's surface transportation system or any specified portion of the regional mobility authority's surface transportation system.
  2. It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.
  3. Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this chapter may enforce either at law or in equity the lien and may compel by proper suit the performance of the duties of the officers of the board of directors of the issuing regional mobility authority set forth in this chapter.
    1. In the event there is default in the payment of the principal or interest on any of the bonds, a court of competent jurisdiction may appoint a receiver to:
      1. Administer the regional mobility authority's surface transportation system pledged to the payment of the bonds; or
      2. Administer the specified portion of the regional mobility authority's surface transportation system pledged to the payment of the bonds.
    2. The receiver shall perform the duties specified in subdivision (d)(1) of this section on behalf of the public body.
    3. The receiver shall have the power to:
      1. Charge and collect rates sufficient to provide for:
        1. The payment of the bonds;
        2. The interest on the bonds; and
        3. The payment of any operating expenses of the surface transportation system pledged to the payment of the bonds or the portion of the surface transportation system pledged to the payment of the bonds; and
      2. Apply the income and revenues of the surface transportation system pledged to the payment of the bonds or the portion of the surface transportation system pledged to the payment of the bonds in conformity with this chapter and the resolution or indenture providing for the issuance of the bonds.

History. Acts 2007, No. 389, § 1.

27-76-609. Refunding bonds.

    1. Bonds may be issued for the purpose of refunding any obligations issued under this chapter or otherwise.
    2. The refunding bonds may be combined with bonds issued under the provisions of § 27-70-314 [repealed] into a single issue.
    1. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.
    2. If sold, the proceeds may, either at maturity or upon any authorized redemption date, be either:
      1. Applied to the payment of the obligations refunded; or
      2. Deposited in escrow for the retirement thereof.
    1. Bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter.
    2. The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 11.

Amendments. The 2013 amendment, in (c)(1), substituted “Bonds” for “All bonds” and deleted “and shall have all the attributes of such bonds” at the end.

27-76-610. Interim bonds.

  1. Before issuing definitive bonds, a regional mobility authority may issue interim bonds with or without coupons exchangeable for definitive bonds.
  2. The interim bonds may be authorized and issued in accordance with this chapter without regard to a requirement, restriction, or procedural provision in any other law.
    1. A bond resolution authorizing interim bonds may provide that the interim bonds recite that the bonds are issued under this chapter.
    2. The recital is conclusive evidence of the validity and the regularity of the interim bonds' issuance.

History. Acts 2007, No. 389, § 1.

27-76-611. Revolving fund.

  1. A regional mobility authority may maintain a revolving fund to be held in trust by a banking institution chosen by the regional mobility authority separate from any other funds and administered by the regional mobility authority's board of directors.
  2. A regional mobility authority may transfer into its revolving fund money from any permissible source, including:
    1. Funds from a transportation project if the transfer does not diminish the money available for the project to less than any amount required to be retained by the bond proceedings pertaining to the project;
    2. Funds received by the regional mobility authority from any source and not otherwise committed, including money from the transfer of a transportation project or system as provided under § 27-76-408 or the sale of surplus assets of the regional mobility authority;
    3. Funds received from the Arkansas Department of Transportation and the State Highway Commission; and
    4. Contributions, loans, grants, or assistance from any governmental entity, private entity, or person.
  3. The regional mobility authority may use money in the revolving fund to:
    1. Finance the acquisition, construction, maintenance, or operation of a transportation project of a regional mobility authority including the extension, expansion, or improvement of a transportation project;
    2. Provide matching money required in connection with any federal, state, local, or private aid, grant, or other funding, including aid or funding by or with public-private partnerships;
    3. Provide credit enhancement either directly or indirectly for bonds issued to acquire, construct, extend, expand, or improve a transportation project or a transportation system;
    4. Provide security for or payment of future or existing debt for the design, acquisition, construction, operation, maintenance, extension, expansion, or improvement of a transportation project or a transportation system;
    5. Borrow money and issue promissory notes or other indebtedness payable out of the revolving fund for any purpose authorized by this chapter; and
    6. Provide for any other reasonable purpose that assists in the financing of a regional mobility authority as authorized by this chapter.
    1. Money spent or advanced from the revolving fund for a transportation project or a transportation system must be reimbursed from the money of that transportation project or transportation system.
    2. At the time that the expenditure or advancement is authorized, a reasonable expectation of repayment must exist.

History. Acts 2007, No. 389, § 1; 2017, No. 707, § 428.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(3).

Subchapter 7 — Tolling

27-76-701. Setting tolling fees, fare, and other charges on a toll facility project.

  1. A regional mobility authority shall set tolls, fees, fares, or other charges at rates or amounts so that the aggregate of tolls, fees, fares, or other charges from the transportation project, together with other revenue of the project:
    1. Provides toll facility project revenue sufficient to pay:
      1. The toll facility project costs;
      2. The cost of maintaining, repairing, and operating the transportation project; and
      3. The principal of and interest on any bonds issued for the toll facility project as those bonds become due and payable; and
    2. Creates reserves for one (1) or more of the purposes stated under subdivision (a)(1) of this section.
  2. A toll, fee, fare, or other charge imposed on an owner of a public utility facility shall be imposed in a manner that is competitively neutral and nondiscriminatory among similarly situated users of the toll facility project.
  3. A toll, fee, fare, or other usage charge is not subject to supervision or regulation by any agency of this state or other governmental entity.
  4. Notwithstanding any of the provisions of this subchapter, a regional mobility authority's power to charge tolls for use of a toll facility project shall be subject to approval by the voters within the boundaries of the regional mobility authority as follows:
    1. Voter approval of the initial imposition of the tolls, including the initial toll rate by the regional mobility authority; and
    2. If revenue bonds are to be issued by the regional mobility authority to fund all or a portion of the costs of the toll facility project, voter approval of the development of the toll facility project, including the initial toll rate and the issuance of the maximum principal amount of bonded indebtedness.

History. Acts 2007, No. 389, § 1.

27-76-702. Controlled access to toll facility projects.

  1. A regional mobility authority may adopt a resolution that designates a toll road, a toll facility project, or a portion of a transportation project as a controlled-access toll road.
  2. A regional mobility authority may adopt a resolution to:
    1. Prohibit the use of or access to or from a toll road by a motor vehicle, bicycle, any other classification or type of vehicle, or a pedestrian;
    2. Deny access to or from:
      1. A toll road;
      2. Real property adjacent to a toll road; or
      3. A street, road, alley, highway, or other public or private way intersecting a toll road;
    3. Designate locations on a toll road at which access to or from the toll road is permitted;
    4. Control, restrict, and determine the type and extent of access permitted at a designated location of access to a toll road; or
    5. Erect appropriate protective devices to preserve the utility, integrity, and use of a toll road.
  3. A regional mobility authority may grant access to or from a toll facility.

History. Acts 2007, No. 389, § 1.

27-76-703. Tolling power subject to voter approval.

The approval of the voters within the boundaries of the regional mobility authority is required to authorize the development of a toll facility, the initial toll rate, and the maximum amount of bonded indebtedness pledged thereto subject to the provisions of § 27-76-701(d).

History. Acts 2007, No. 389, § 1.

27-76-704. Use of revenues — Revenue bonds.

    1. Except as provided under subdivision (a)(3) of this section, a regional mobility authority that has issued revenue bonds for a toll facility project or a transportation project and that is financed with dedicated revenue derived from tolls, fees, fares, or other funds shall set aside moneys into a sinking fund that is pledged to and charged with the payment of:
      1. Interest on the bonds as it becomes due;
      2. Principal of the bonds as it becomes due;
      3. Necessary charges of paying agents for paying principal and interest;
      4. The redemption price or the purchase price of bonds retired by call or purchase as provided in the bond proceedings; and
      5. Any amounts due under credit agreements.
    2. Moneys shall be set aside into a sinking fund at regular intervals and as provided in the bond resolution or trust agreement.
    3. A regional mobility authority may retain the funds necessary to pay the cost of maintenance, repair, and operation and to provide reserves for those costs as provided in the bond proceedings.
  1. The use and disposition of money deposited to the credit of the sinking fund is subject to the bond proceedings.

History. Acts 2007, No. 389, § 1.

27-76-705. Surplus revenue.

  1. Each year, a regional mobility authority shall determine whether it has surplus revenue from tolls, fees, or fares collected from the operation of its transportation projects.
  2. If a regional mobility authority determines that it has surplus revenue, then it may either:
    1. Reduce the tolls, fees, or fares; or
    2. Spend the surplus revenue on other transportation projects in the counties or municipalities within the jurisdictional boundaries of the regional mobility authority as provided under subsection (c) of this section.
  3. Consistent with other laws and the rules and resolutions of the regional mobility authority, a regional mobility authority may spend surplus revenue on other transportation projects by:
    1. Constructing a transportation project located within the county or counties of the authority;
    2. Assisting in the financing of a toll or toll-free transportation project of another governmental entity; or
    3. Constructing a toll or toll-free transportation project and, on completion of the project, transferring the project to another governmental entity if:
      1. The other governmental entity authorizes the regional mobility authority to construct the project and agrees to assume all liability and responsibility for the maintenance and operation of the project on its transfer; and
      2. The project is constructed in compliance with all laws applicable to the governmental entity.

History. Acts 2007, No. 389, § 1; 2013, No. 497, § 12.

Amendments. The 2013 amendment substituted “may” for “shall” in the introductory language of (b).

27-76-706. Arkansas Department of Transportation contributions to toll road projects.

    1. A regional mobility authority and the Arkansas Department of Transportation and the State Highway Commission may agree to allow the department to contribute to the payment of costs of any of the following in regards to a toll road:
      1. A financial study;
      2. An engineering study;
      3. A traffic feasibility study; or
      4. The design, financing, acquisition, construction, operation, or maintenance of a toll road.
    2. The agreement shall not be inconsistent with the rights of the bondholders or persons operating the toll road under a lease or other contract.
  1. The department may use its engineering or other personnel, including consulting engineers or traffic engineers, to conduct feasibility studies under subsection (a) of this section.
    1. An obligation or expense incurred by a regional mobility authority or the department under this section is a part of the cost of the toll road for which the obligation or expense was incurred.
    2. A regional mobility authority may require money contributed under this section to be repaid from tolls or other revenue of the toll road on which the money was spent.
    3. Money repaid as required by a regional mobility authority or the department shall be deposited to the credit of the fund from which the contribution was made.
  2. A regional mobility authority or the department may use federal money for any purpose described by this chapter.
  3. A toll road developed by a regional mobility authority shall not be part of the state highway system unless the regional mobility authority and the commission so agree.
    1. The commission may grant or loan department money to a regional mobility authority for the acquisition of land for the construction, maintenance, or operation of a toll road.
    2. The commission may require the authority to repay money provided under this section from toll revenue or other sources on terms established by the commission.
  4. Money repaid as required by the commission shall be deposited to the credit of the fund from which the money was provided.

History. Acts 2007, No. 389, § 1; 2017, No. 707, § 429.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in the section heading and (a)(1).

27-76-707. Use and return of transponders.

A regional mobility authority may promulgate rules regarding the use and return of transponders.

History. Acts 2007, No. 389, § 1.

27-76-708. Requirement that an operator of a motor vehicle pay a toll.

    1. Except as provided under subdivisions (a)(2) and (3) of this section, the operator of a vehicle that is driven or towed through a toll collection facility of a toll road owned by a regional mobility authority shall pay the proper toll.
    2. An authorized emergency vehicle is not required to pay a toll.
    3. A regional mobility authority may waive the requirement of the payment of a toll or may authorize the payment of a reduced toll for any vehicle or class of vehicles.
    1. A violation of this section is an administrative offense and a Class B misdemeanor.
    2. The regional mobility authority or its designee shall attempt collection of the unpaid toll through the administrative procedures under §§ 27-76-710 — 27-76-712 before pursuing prosecution under § 27-76-713.
    3. If the regional mobility authority or its designee is unable to collect an unpaid toll through administrative procedures, then the matter shall be transferred to the appropriate prosecuting attorney.

History. Acts 2007, No. 389, § 1; 2019, No. 394, § 9.

Amendments. The 2019 amendment deleted “as defined under § 27-49-219(d)” following “authorized emergency vehicle” in (a)(2).

27-76-709. Presumption that the registered owner was the operator.

Except as provided under §§ 27-76-711 and 27-76-712, there is a rebuttable presumption that the registered owner of the motor vehicle was the operator of the motor vehicle when the offense occurred.

History. Acts 2007, No. 389, § 1.

27-76-710. General administrative procedure for collection of an unpaid toll.

    1. The regional mobility authority or its designee may attempt to collect an unpaid toll under § 27-76-708 and an administrative fee to recover the cost of collecting the unpaid toll.
    2. The administrative fee shall not exceed one hundred dollars ($100).
    3. The registered owner shall pay a separate toll and administrative fee for each occurrence of nonpayment under this subsection (a).
    1. Upon the occurrence of the offense of failure to pay a toll, the regional mobility authority or its designee shall issue to the registered owner of the motor vehicle a written notice of nonpayment of the toll.
    2. The notice of nonpayment shall:
      1. Include a statement of the amount of the toll charges and the amount of the administrative fee for which the registered owner of the motor vehicle is liable;
      2. Be sent by first-class mail to the registered owner's address as shown in the motor vehicle registration records maintained by the Department of Finance and Administration;
      3. Be sent not later than thirty (30) days after the date of the alleged failure to pay; and
      4. State that payment is not required until thirty (30) days after the date that the notice was mailed.

History. Acts 2007, No. 389, § 1.

27-76-711. Administrative procedure when the registered owner is a lessor.

  1. If the registered owner of the motor vehicle is the lessor of a vehicle and the lessor claims it is not liable for an unpaid toll under § 27-76-708 because the vehicle was under a rental contract on the date the offense of nonpayment occurred, then the procedures of this section apply.
    1. Not later than thirty (30) days after the date that the notice of nonpayment was mailed to the registered owner, the lessor shall provide to the regional mobility authority or its designee a copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment under subsection (a) of this section.
    2. The name and address of the lessee shall be clearly legible on the documents provided to the regional mobility authority or its designee.
    1. If the lessor provides the required information within the prescribed period, the regional mobility authority or its designee shall send a notice of nonpayment to the lessee.
    2. The notice of nonpayment shall:
      1. Include a statement of the amount of the toll charges and the amount of administrative fee for which the lessee of the motor vehicle is liable;
      2. Be sent by first-class mail to the lessee's address as shown on the rental, lease, or other contract document provided by the lessor;
      3. Be sent not later than thirty (30) days after the date of receipt of the required information from the lessor; and
      4. State that payment is not required until thirty (30) days after the date that the notice was mailed.
  2. The lessee shall pay a separate toll and administrative fee for each event of nonpayment.

History. Acts 2007, No. 389, § 1.

27-76-712. Administrative procedure when the registered owner is a transferor.

  1. If the registered owner of a motor vehicle that was mailed notice of nonpayment of a toll under this section transferred ownership of the vehicle to another person before the offense of an unpaid toll under § 27-76-708 occurred, then the procedures of this section apply.
    1. Not later than thirty (30) days after the date that the notice of nonpayment was mailed to the transferor of the motor vehicle, the transferor shall submit to the regional mobility authority or its designee a bill of sale or supporting documentation for the transfer of ownership.
    2. The name and address of the person in which the motor vehicle was transferred shall be clearly legible on the documents provided to the regional mobility authority or its designee.
    1. If the transferor of the motor vehicle provides the required information within the prescribed period, the regional mobility authority or its designee shall send a notice of nonpayment to the transferee.
    2. The notice of nonpayment shall:
      1. Include a statement of the amount of the toll charges and the amount of administrative fee for which the transferee is liable;
      2. Be sent by first-class mail to the transferee's address as shown in the bill of sale or supporting documentation;
      3. Be sent not later than thirty (30) days after the date of receipt of the required information from the transferor; and
      4. State that payment is not required until thirty (30) days after the date that the notice was mailed.
  2. The transferee shall pay a separate toll and administrative fee for each event of nonpayment.

History. Acts 2007, No. 389, § 1.

27-76-713. Prosecution of failure to pay tolls.

  1. In the prosecution of a violation of § 27-76-708, the prosecuting attorney shall establish that:
    1. The vehicle passed through a toll collection facility without payment of the proper toll; and
    2. The defendant was either of the following when the failure to pay the toll occurred:
      1. The registered owner of the motor vehicle; or
      2. The operator of the motor vehicle.
  2. The court may consider sworn testimony from any of the following:
    1. A law enforcement officer;
    2. A regional mobility authority employee;
    3. An employee of the designee of the regional mobility authority; or
    4. An employee of the Department of Finance and Administration.
  3. The court may consider any other reasonable evidence, including without limitation:
    1. Video surveillance; or
    2. Evidence obtained by automated enforcement technology.
  4. It is a defense to prosecution under this section that the motor vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
    1. The occurrence of the failure to pay; or
    2. Eight (8) hours after the discovery of the theft.
  5. A person who pleads guilty or nolo contendere to or is found guilty of violating § 27-76-708 is guilty of a Class B misdemeanor.
  6. The court in which a person is convicted of an offense under this section shall also collect the proper toll and administrative fee and forward the toll and fee to the regional mobility authority.

History. Acts 2007, No. 389, § 1.

Chapters 77-84 [Reserved.]

[Reserved]

Subtitle 6. Bridges And Ferries

Chapter 85 General Provisions

Cross References. Highways, § 27-64-101 et seq.

Preambles. Acts 1971, No. 249 contained a preamble which read:

“Whereas, the State of Arkansas is lavishly endowed with water resources; and

“Whereas, it is a redoubtable problem to provide adequate fixed crossings over the State's numerous watercourses to serve the contemporary needs of socio-economic activities; and

“Whereas, these bridges are costly to build and to maintain, they will serve the State's road-users with safety, convenience and comfort for many years if properly maintained and protected from abuse; and

“Whereas, this problem of maintaining the structural integrity of these bridges, particularly those built in the first half of this century, is increasingly momentous and significant under the greatly changed character and volume of use demanded by road-users of the second half of this century, use which in terms of the structure's original design is often abusive in effect;

“Now, therefore….”

Effective Dates. Acts 1971, No. 249, § 6: Mar. 9, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that there is an immediate need to control the widening gap between highway needs and highway revenues in Arkansas, which is a matter of grave concern to the General Assembly, and that by the immediate passage of this Act significant efforts to conserve those revenues and to retard the accrual of needs may be realized. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-85-101. Conservation of bridges.

It is directed that the administrators of the various public highway, road, and street systems shall make every effort to conserve the safe function of the bridges under their jurisdiction pursuant to the findings and recommendations of the bridge safety inspections by the bridge inspection teams of the Arkansas Department of Transportation in accord with the national bridge inspection standards published in the Federal Register.

History. Acts 1971, No. 249, § 1; A.S.A. 1947, § 41-3364; Acts 2017, No. 707, § 430.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

Chapter 86 Bridges

Research References

ALR.

Liability of governmental entity for injury or death resulting from design, construction, or failure to warn of narrow bridge. 2 A.L.R.4th 635.

Personal injury liability of civil engineer for negligence in highway or bridge construction or maintenance. 43 A.L.R.4th 911.

Am. Jur. 39 Am. Jur. 2d, Highways, §§ 41-47, § 611 et seq.

C.J.S. 11 C.J.S., Bridges, § 1 et seq.

Subchapter 1 — General Provisions

Cross References. Military forces entitled to free passage on toll bridges, § 12-62-409.

Toll bridge of improvement district becomes free bridge of state when all indebtedness paid, § 14-319-104.

Effective Dates. Acts 1933, No. 20, § 4: approved Feb. 8, 1933. Emergency clause provided: “This Act, being necessary for the immediate preservation of the public health, peace and safety, an emergency is hereby declared. That this Act shall take effect and be in force from and after its passage.”

Acts 1935, No. 68, § 2: Feb. 20, 1935.

Acts 1939, No. 383, §§ 2, 3: approved Mar. 17, 1939. Emergency clause provided: “The urgent need for a bridge or bridges over and across the rivers and waters bordering this State, and the need on the part of the inhabitants of the State of Arkansas for the expenditures of such funds as may be necessary in the maintenance of such bridge or bridges, either in whole or in part, makes the enactment of this act into law necessary for the immediate preservation of public safety, convenience, and welfare of the inhabitants of this State. That this act take effect and be in force from and after the date of its passage.”

27-86-101. Interstate toll bridges authorized.

The State Highway Commission is authorized to maintain, in whole or in part, highway toll bridges across rivers or waters bordering the State of Arkansas as a part of the state highway system.

History. Acts 1939, No. 383, § 1; A.S.A. 1947, § 76-610.

27-86-102. Mail carrier toll exemption.

All carriers of the United States mails over a designated route shall, if the route crosses a state-owned toll bridge, be exempt and relieved from the payment of toll for the privilege of using and crossing the bridge. This exemption shall apply only while the operator is engaged in the performance of his or her official duties as a mail carrier in the postal service of the United States government.

History. Acts 1935, No. 68, § 1; Pope's Dig., § 6602; A.S.A. 1947, § 76-612.

27-86-103. Lights on toll bridges.

  1. Provisions are made for the regulation of the number of lights or bulbs and the monthly and annual expenditures for electric lights on all toll bridges in the State of Arkansas.
    1. No toll bridge in the State of Arkansas shall have more than four (4) electric lights or bulbs, known as navigation lights, except as otherwise provided for by the federal government.
    2. Each bulb or light shall not be in excess of seventy-five (75) watts.
    3. One (1) bulb shall be placed in the center of each bridge at the open end of the toll bridge or bridges, just above or in the center of a sign or poster, which name shall appear and be read and be known as “TOLL BRIDGE”, and the bulb shall fully display the sign or poster at night of its purpose.
    4. The other end of the toll bridge where the toll house is located shall not have in excess of three (3) bulbs, one (1) in each driveway or on either side of the toll house, including one (1) inside the toll house or left to the discretion of the Chief Engineer of the Arkansas Department of Transportation.
    5. Should more lights or bulbs exist than those mentioned in this section, their installation shall be invalid and any person or persons installing more lights shall be responsible for their expense.

History. Acts 1933, No. 20, §§ 1-3; Pope's Dig., §§ 6598 — 6600; A.S.A. 1947, §§ 76-1609, 76-1610, 76-1610n; Acts 2017, No. 707, § 431.

Amendments. The 2017 amendment, in (b)(4), substituted “Department of Transportation” for “State Highway and Transportation Department”, and made a stylistic change.

Subchapter 2 — Private Franchises

Preambles. Acts 1938 (1st Ex. Sess.), No. 15 contained a preamble which read:

“Whereas, it is the policy of the State to free both State owned and privately owned Toll Bridges; and

“Whereas, the State may now purchase the privately owned Toll Bridges in the State at a fair price; and

“Whereas, the State is financially able to buy such bridges without using therefor any of the highway funds;

“Therefore….”

Effective Dates. Acts 1928 (1st Ex. Sess.), No. 7, § 3: approved Oct. 3, 1928. Emergency clause provided: “It is ascertained and hereby declared that the operation of privately owned toll bridges on state highways is inimical to the policy of the state with reference to the state highway system, and is a detriment to the traveling public, and that the immediate operation of this act is essential for the protection of the public safety. An emergency is therefore declared, and this act shall take effect and be in force from and after its passage.”

Acts 1929, No. 71, § 8: approved Mar. 1, 1929. Emergency clause provided: “It appearing that a large amount of gasoline or motor vehicle fuel tax is lost to the state by reason of excessive tolls charged on privately owned toll bridges; that said tax on gasoline or motor vehicle fuel is necessary for repair, construction, and maintenance of the state roads and bridges on same in order that same may be maintained in a safe condition for the traveling public, so that the immediate operation of this act is essential for the protection of the public safety and an emergency is therefore declared and this act shall take effect and be in force from and after its passage.”

Acts 1938 (1st Ex. Sess.), No. 15, § 6: approved Apr. 1, 1938. Emergency clause provided: “Because of the fact that the State is attempting to free all bridges to the public, and this policy is vital to the interests of the people of the State, thereby preserving the public peace, health and safety, therefore an emergency is declared to exist and this act shall take effect and be in full force from and after its passage.”

27-86-201. Power to grant.

  1. The several county courts through whose counties run any watercourse, lake, bay, or swamp which may be too burdensome to bridge and keep in repair by the inhabitants thereof are fully empowered to grant privileges to persons to build toll bridges over or turnpikes or causeways along them, or through any overflowed or wetland, whenever the interest of the county or the traveling public shall in their discretion demand the improvement.
  2. No privilege or franchise for the construction of a toll bridge over any navigable stream shall be effective until consent is obtained by the federal government for the construction of the bridge.

History. Acts 1927, No. 135, § 1; Pope's Dig., § 2615; A.S.A. 1947, § 76-1601.

27-86-202. Control by county court.

  1. The county court shall have a general superintending control of bridges, turnpikes, and causeways mentioned in this subchapter and the rates or tolls to be charged.
  2. The county court shall compel the bridges, turnpikes, and causeways to be kept in good repair at all times.
  3. The county court is required to fix the rate of tolls for crossing any bridge, turnpike, or causeway which may be built under the provision of this subchapter, the rates to be based on a reasonable return on the amount invested, having regard for reasonable operating expenses and reasonable depreciation.
  4. If, after granting the franchise or privilege and the rate of tolls fixed, it shall be made to appear that the rates fixed are inadequate to yield a fair return upon the investment or that the rates yield more than a fair return upon the investment, the county court shall have the right to revise the tolls as justice may require.

History. Acts 1927, No. 135, § 2; Pope's Dig., § 2616; A.S.A. 1947, § 76-1602.

Cross References. County judge not to be interested party in contracts concerning toll bridges, § 16-15-110.

Case Notes

Tolls.

A county court, in granting a franchise to build a toll bridge, could fix the tolls to be charged for the first 10 years of its life. White River Bridge Co. v. Hurd, 159 Ark. 652, 252 S.W. 917 (1923) (decision under prior law).

27-86-203. Application — Notice — Hearing.

  1. Upon application being made to the county court for the granting of a franchise or privilege as herein provided, the applicant shall give notice by publication in some newspaper in the county or counties where the toll bridge, turnpike, or causeway is situated, having a bona fide circulation therein, once a week for two (2) weeks. The notice shall set forth the fact that application has been made for the granting of the franchise or privilege and give the name of the stream to be bridged or the location of the turnpike or causeway, and the date when the petition will be heard by the county court, which notice may be in the following form:
  2. Upon the date named in the notice, unless the hearing is continued for cause, the court shall hear all interested parties and in the event the franchise or privilege is granted an order of the county court shall be made fixing the rates or tolls to be charged, which shall be entered of record.

“Notice is hereby given that application has been made to the County Court for the privilege of constructing a toll bridge, (turnpike or causeway as the case may be), which bridge, (turnpike or causeway) is located at in County, which petition will be heard by the county court on the day of , 20 , at the hour of , M. Name of applicant”

Click to view form.

History. Acts 1927, No. 135, § 3; Pope's Dig., § 2617; A.S.A. 1947, § 76-1603.

Case Notes

Compliance Required.

To authorize a county court to a grant a toll bridge franchise, strict compliance with this section must be had. Hunter v. Woollard, 186 Ark. 467, 53 S.W.2d 984 (1932).

Notice.

No notice of an application for a toll bridge franchise can be given until an application has been filed in the county court. Hunter v. Woollard, 186 Ark. 467, 53 S.W.2d 984 (1932).

27-86-204. Appeal.

Any interested party or any citizen of the county or counties to be affected may appeal from any order of the county court or courts provided for herein at any time within thirty (30) days from the rendition of the judgment and not thereafter; in the event of an appeal, the case shall be tried de novo by the circuit court as other cases appealed from the county court.

History. Acts 1927, No. 135, § 4; Pope's Dig., § 2618; A.S.A. 1947, § 76-1604.

Case Notes

Invalidity.

In a proceeding on certiorari, a county court's order and judgment granting a franchise to build a toll bridge could not be held void where its invalidity did not appear from the face of the proceedings. Bell v. Conner, 176 Ark. 530, 3 S.W.2d 319 (1928) (decision under prior law).

27-86-205. Franchise exclusive — Exception.

  1. After conferring the privileges of this subchapter upon any person, no county court shall again have power to confer the same or like privileges upon any other person to the injury of him or her upon whom the privileges were first conferred.
  2. However, privileges or franchises shall not be exclusive and effective against any county, counties, or the state. All privileges or franchises granted hereunder shall be subject to the rights of the county, counties, or the state to condemn them and acquire the property and franchise by condemnation proceedings which shall be exercised under the right of eminent domain as the same is now exercised by railroad, telegraph, and telephone companies.

History. Acts 1927, No. 135, § 5; Pope's Dig., § 2619; A.S.A. 1947, § 76-1605.

Cross References. Condemnation proceedings by railroad, telegraph, and telephone companies, § 18-15-1201 et seq.

Right of eminent domain, § 27-88-121.

Case Notes

Privilege Exclusive.

The privilege granted by a county court to build a toll bridge over a navigable stream was exclusive and precluded the court from granting a ferry license to operate a ferry within one mile of the bridge. White River Bridge Co. v. Hurd, 159 Ark. 652, 252 S.W. 917 (1923) (decision under prior law).

Reservation of Rights.

Where a county court reserved the right to grant to any other person the privilege to build a bridge or to operate a ferry at a certain point within a distance otherwise set aside exclusively for a toll bridge franchise, the court could have authorized any person to either build a bridge or operate a ferry, and such a person could have sold his rights to a purchaser, including the state or county, upon terms satisfactory to himself, whereupon the purchaser could have operated the bridge or ferry with toll charges or for free. Arkansas State Hwy. Comm'n v. Butler, 105 F.2d 732 (8th Cir. 1939) (decision under prior law).

Value of Land.

In a suit by a bridge district to condemn land for a bridge site, it was not error to refuse to permit the landowner to prove the value of the land taken upon the assumption that his ferry franchise resulting from ownership of land on the opposite banks of the river was perpetual and that he was entitled to recover the loss of profits and future earnings from the ferry. Desha v. Independence County Bridge Dist., 179 Ark. 561, 18 S.W.2d 337 (1929).

27-86-206. State's condemnation authority.

  1. The State Highway Commission, with the approval of the Governor and Attorney General of the state, is vested with authority to sue in the name of the state for the condemnation of any bridge, turnpike, or causeway which in their judgment should be acquired by the state.
  2. County judges are vested with authority to enter suit for condemnation on relation of the county or counties affected.

History. Acts 1927, No. 135, § 6; Pope's Dig., § 2620; A.S.A. 1947, § 76-1606.

27-86-207. Damages upon condemnation by state.

  1. In the event condemnation proceedings are instituted as herein provided by any county, counties, or the state, for the condemnation of property and franchise or privilege, the future value of any privilege or franchise or any prospective profits shall not be considered as an element of damage in the condemnation and purchase of the property.
  2. The amount of compensation or damage shall not exceed the actual cost of the bridge, turnpike, or causeway, the site for it, necessary improvements, and the moneys expended on approaches leading to the bridge and a reasonable amount expended for promotion and financing, less actual depreciation.

History. Acts 1927, No. 135, § 7; Pope's Dig., § 2621; A.S.A. 1947, § 76-1607.

27-86-208. Privileges granted jointly by two counties — Appeals.

  1. Where the watercourse is on the boundary line between counties, the county courts of the counties may act jointly in granting the privileges and exercising the powers conferred by this subchapter.
  2. Publication of notice shall be made in each county.
  3. The circuit court first acquiring jurisdiction of an appeal from the order of either county court shall also have jurisdiction of all appeals from the order of the other county court, and appeals shall be at once transferred to the circuit court first acquiring jurisdiction.

History. Acts 1927, No. 135, § 8; Pope's Dig., § 2622; A.S.A. 1947, § 76-1608.

27-86-209. No franchise for toll bridge on state highway.

No franchise shall be granted to any person, firm, or corporation to operate a toll bridge on any road in the state highway system.

History. Acts 1928 (1st Ex. Sess.), No. 7, § 1; Pope's Dig., § 6601; A.S.A. 1947, § 76-605.

27-86-210. State purchase of private toll bridges — Construction of free bridges.

  1. The State Highway Commission is authorized and empowered to purchase any or all of the privately owned toll bridges in the State of Arkansas at prices to be fixed by the commission in accordance with rules to be promulgated by the commission.
  2. Where it is not possible to purchase any privately owned toll bridges, then the commission is authorized to construct bridges at places where there are now operated any privately owned toll bridges.
  3. The purchase of each bridge shall include the right-of-way, franchise, and license, if any, and all right, title, and interest and claim of the owner in and to it together with all appurtenances thereunto belonging.
  4. No money shall be paid over on the purchase of a toll bridge under authority of this section until there has been a conveyance by the owner to the State of Arkansas of the bridge proper together with approaches, right-of-way, license, franchise, and whatever other outstanding claim, right, title, or interest there may be in the bridge, to the end that the state may completely own and control the bridge and that the public may use it free of toll.
  5. The state shall repair and maintain all bridges purchased by authority of this section in the same manner that it now or may hereafter repair and maintain bridges which are parts of the state highway system.

History. Acts 1938 (1st Ex. Sess.), No. 15, §§ 2-5; 1939, No. 276, § 1; A.S.A. 1947, §§ 76-606 — 76-609; Acts 2019, No. 315, § 3175.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a).

Case Notes

Authority of Commission.

The State Highway Commission was authorized by Acts 1927, No. 104 to take possession of the Harahan viaduct and operate it as a toll bridge. Schevenell v. Blackwood, 35 F.2d 421 (8th Cir. 1929) (decision under prior law).

Eminent Domain.

The right of eminent domain in the State Highway Commission was held subordinate to the right of property owners to be compensated for damages to their property by the construction of a highway bridge and approaches thereto. Campbell v. Arkansas State Hwy. Comm'n, 183 Ark. 780, 38 S.W.2d 753 (1931) (decision under prior law).

Injunctions.

A taxpayer seeking to enjoin the State Highway Commission from building a bridge was not in a position to complain where he did not claim that his land was about to be taken. Connor v. Blackwood, 176 Ark. 139, 2 S.W.2d 44 (1928) (decision under prior law).

27-86-211. Toll rates on privately owned bridges in state highway system.

  1. The State Highway Commission is empowered to fix and enforce the schedule or rate of tolls to be collected on any privately owned toll bridge located on any road embraced in the state highway system.
  2. In fixing schedules or rates, regard shall be had to the interests of the owner and the public so that the owner shall be allowed to collect such rates as shall afford him or her a fair return on the value of his or her property, and the public shall not be required to pay more than is required to net such return.
  3. As the state is spending millions of dollars in building roads, not only to serve its own citizens but to induce tourists to visit the state, and as a certain percent of tourists will buy land and become citizens, the state should protect the interests of the public against those who operate toll bridges that injure the state as a whole by charging tolls to pay interest and dividends on watered bonds and stock. One of the purposes of this section is to grant protection to the state and the public.
  4. All suits involving the validity of this section or any portion thereof shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment. Appeals in these suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

History. Acts 1929, No. 71, §§ 4-6; Pope's Dig., §§ 6595-6597; A.S.A. 1947, §§ 76-602 — 76-604.

Publisher's Notes. Acts 1929, No. 71, § 7, provided that the act did not repeal any portion of Acts 1927, Nos. 104 and 135, or Acts 1928 (1st Ex. Sess.), No. 7.

Subchapter 3 — Transportation of Cotton over Toll Bridges

Cross References. Transportation of cotton on ferries, § 27-87-107.

Effective Dates. Acts 1943, No. 275, § 9: Mar. 18, 1943. Emergency clause provided: “Many citizens of the State have been deprived of substantial property rights by reason of the failure of the operators of toll bridges to maintain records provided for in this act and such injustices will continue unless prevented. An emergency is, therefore, found to exist; and, this act being necessary for the peace and safety of the citizens of the State, the same shall be in full force and effect from and after its passage and approval.”

27-86-301. Records.

  1. It shall be the duty of every person, firm, or corporation owning or operating any toll bridge within or partially within the State of Arkansas to make, maintain, and preserve a record of every bale of cotton or part of a bale of cotton, whether seed cotton or lint cotton, which shall cross the toll bridge.
  2. The record shall contain the following data:
    1. The date, together with the hour of the day, the cotton passed over the toll bridge;
    2. The destination of the cotton as declared by the person transporting the cotton across the bridge;
    3. The name of the persons transporting the cotton across the bridge together with the name and address of the persons for whom the cotton is being so transported;
    4. A general description of the vehicle in which the cotton is being transported, that is, whether by motor vehicle or otherwise. If transported by motor vehicle, the record shall show the state license number and the city license number, if any, of the motor vehicle;
    5. The approximate amount of cotton transported in terms of bales or parts of bales as nearly as can be determined without weighing;
    6. The point of origin of the cotton; that is, if the cotton is in bales, the name and location of the gin where the cotton was ginned and, if seed cotton, the approximate location of the farm on which the cotton was produced. This information shall be supplied by the persons so transporting the cotton; and
    7. The name and address of every person, firm, or corporation having any interest in the cotton either by ownership or lien so far as known to the person or persons transporting the cotton.
  3. The records made and maintained pursuant to this subchapter shall be open to inspection by any person at all reasonable times at the place of business maintained by the owner or operator within the State of Arkansas.

History. Acts 1943, No. 275, §§ 1, 4; A.S.A. 1947, §§ 76-1611, 76-1614.

27-86-302. Application to state bridges.

It is expressly declared that this subchapter shall apply to all toll bridges owned or operated by the State of Arkansas or any of its agencies.

History. Acts 1943, No. 275, § 2; A.S.A. 1947, § 76-1612.

27-86-303. Transporter's failure to furnish information — Penalty.

Any person transporting cotton across a toll bridge as specified in this subchapter who shall willfully and knowingly fail or refuse to furnish the information set forth in § 27-86-301 to the owner or operator of the toll bridge or who shall willfully and knowingly furnish false information with respect thereto, shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for a period not less than thirty (30) days nor more than one (1) year or may be both fined and imprisoned as provided in this subchapter.

History. Acts 1943, No. 275, § 5; A.S.A. 1947, § 76-1615.

27-86-304. Operator's failure to keep record — Penalty.

  1. Any owner or operator of any toll bridge, except the State of Arkansas, shall be punished as set forth in subsection (b) of this section if he or she shall knowingly and willfully:
    1. Fail or refuse to procure the data set forth in § 27-86-301;
    2. Fail or refuse to keep and maintain this record; or
    3. Fail to permit this record to be inspected by any interested party as herein provided.
  2. Upon conviction, the owner or operator shall be fined in any amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for a period not less than thirty (30) days nor more than one (1) year, or he or she may be both fined and imprisoned as provided herein.

History. Acts 1943, No. 275, § 6; A.S.A. 1947, § 76-1616.

27-86-305. Mandamus.

The State Highway Commission or other agency of the state having charge of the operation of any state-owned toll bridge may be compelled to carry out the provisions of this subchapter as to any state-owned toll bridge by mandamus proceedings filed by any citizen of the state in the circuit court of the county in which the state-owned toll bridge, or any part thereof, is operated.

History. Acts 1943, No. 275, § 7; A.S.A. 1947, § 76-1617.

27-86-306. No charge.

It shall be unlawful for the owner or operator of a toll bridge to make any charge against the person so transporting cotton by reason of the provisions of this subchapter.

History. Acts 1943, No. 275, § 3; A.S.A. 1947, § 76-1613.

Chapter 87 Ferries

Research References

Am. Jur. 35 Am. Jur. 2d, Ferries, § 1 et seq.

C.J.S. 36A C.J.S., Ferries, § 1 et seq.

Subchapter 1 — General Provisions

Cross References. Military forces entitled to free passage on ferries, § 12-62-409.

Effective Dates. Acts 1843, § 11, p. 109: effective on passage.

Acts 1873, No. 31, § 30: effective on passage.

Acts 1913, No. 50, § 2: effective on passage. Emergency declared. Approved Feb. 13, 1913.

Acts 1943, No. 116, § 5: approved Feb. 26, 1943. Emergency clause provided: “Whereas, the rationing of gasoline and tires has reduced travel upon the State Highways to such a point that many privately owned ferries serving traffic on State Highways are being forced to discontinue such service; and

“Whereas, the discontinuance of such service will work a great hardship upon the traveling public and tend to reduce the State revenues an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage.”

27-87-101. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Public ferries” means all ferries upon or over any public navigable streams in this state; and
  2. “Navigable streams” includes all lakes within this state that have been meandered in making the public surveys of the United States lands and retained as public property by the United States.

History. Rev. Stat., ch. 62, §§ 1, 3; C. & M. Dig., §§ 4693, 4695; Pope's Dig., §§ 5792, 5794; A.S.A. 1947, §§ 76-1701, 76-1703.

Case Notes

Public Ferries.

All ferries upon or over public navigable streams shall be deemed public ferries. Bell v. Clegg, 25 Ark. 26 (1867); Finley v. Shemwell, 94 Ark. 190, 126 S.W. 717 (1910); Shults v. Munn, 124 Ark. 415, 187 S.W. 316 (1916).

Where person owned a boat which he used for the transportation of himself and his teams across a river, but did not hold himself out as operating a public ferry, and while he and his ferryman often transported others across the river, he never made any charge therefor, the person did not operate a public ferry. St. Paul Fire & Marine Ins. Co. v. Harrison, 140 Ark. 158, 215 S.W. 698 (1919).

27-87-102. Ferrykeeper's neglect of duty — Penalties.

  1. Any person detained at any public ferry by reason of the ferrykeeper not having sufficient boats or other proper craft and hands to work it, or by neglecting his or her duty in any way, may make application to a justice of the peace in the township where the ferry is located for a warrant of arrest.
  2. The justice of the peace is required to issue the warrant of arrest and impose a fine on the ferrykeeper, not exceeding twenty-five dollars ($25.00), as the justice of the peace may find just and equitable.
  3. The fine shall not extend to, or be deemed a bar to, any action for personal damages sustained by any person or persons by reason of the insufficiency of the ferry or boats.

History. Acts 1873, No. 31, § 19 (in part), p. 53; C. & M. Dig., §§ 4715, 4716; Pope's Dig., §§ 5814, 5815; A.S.A. 1947, § 76-1716.

Case Notes

Duty of Ferrykeepers.

The public grant of the exclusive privilege of ferrying is upon the consideration that the traveling public shall be crossed at all reasonable hours without unnecessary delay at all stages of water. Jabine & Woodruff v. Midgett, 25 Ark. 474 (1869).

Prosecution for Offense.

This section creates a public offense, for which a ferrykeeper may be prosecuted in circuit court by indictment, without prosecution by the party detained, as well as at his instance before a justice of the peace. State v. Sewell, 45 Ark. 387 (1885).

27-87-103. Public ferry on private stream.

  1. Where a public road crosses any private stream which has not been meandered as a navigable stream, the bed of which may belong to any individual, if in the opinion of the county court, the public convenience will be promoted thereby, the court may make an order upon its record to that effect, declaring the crossing to be a public ferry.
  2. And when so declared by the county court, the ferry shall be and remain a public ferry during the pleasure of the court and be subject to all the rules and restrictions that are made by law applicable to public ferries on navigable streams.

History. Rev. Stat., ch. 62, § 21; C. & M. Dig., § 4721; Pope's Dig., § 5820; A.S.A. 1947, § 76-1726; Acts 2019, No. 315, § 3176.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b).

27-87-104. Eligibility to keep ferry.

  1. Every person owning the land fronting on any public navigable stream shall be entitled to the privilege of keeping a public ferry over or across the navigable stream if that person:
    1. Owns the land on both sides or banks; or
    2. Shall have possession of both sides or banks by preemption or settlement right and shall be entitled to the sole and exclusive right of ferriage at that place.
  2. If the person owns the lands on one (1) side only, or has possession thereof by preemption or settlement right, he or she shall have the privilege of:
    1. A public ferry from his or her own shore;
    2. Making the landing and road up the opposite bank;
    3. Keeping them at all times in good repair and condition for ascending and descending; and
    4. An exclusive right to all ferry privileges in any such case shall follow any leasehold interest during the life of the lease and the faithful performance of all municipal, county, and state obligations.
  3. The right shall not be impaired by any packet trade or company, or otherwise, under penalty of one hundred dollars ($100) fine of any owner or manager of the packet enterprise or the party in any way violating the spirit or letter hereof, to be recovered by appropriate action in any court having jurisdiction, at the instance of the injured party.
  4. Each day's interference shall constitute a separate offense.

History. Rev. Stat., ch. 62, § 2; Acts 1913, No. 50, § 1, p. 163; C. & M. Dig., § 4694; Pope's Dig., § 5793; A.S.A. 1947, § 76-1702.

Case Notes

Construction.

There is no repugnancy between this section and the laws relating to toll bridges. McClintock v. White River Bridge Co., 171 Ark. 943, 287 S.W. 163 (1926).

Effect of Amendments.

The 1913 amendment of this section did not repeal other laws relating to ferries. McClintock v. White River Bridge Co., 171 Ark. 943, 287 S.W. 163 (1926).

Exclusive Rights.

The preference right to keep a public ferry is given to the person owning land fronting on any navigable stream, and if he owns or controls the land on both banks, he is entitled to the exclusive right of ferriage at such place. Ex parte Grayson, 169 Ark. 984, 277 S.W. 538 (1925).

Exercise of Rights.

While ownership of lands on one or both sides of a navigable stream entitles the owner to the privilege of keeping a public ferry, the right cannot be exercised without procuring a license from the county court. Finley v. Shemwell, 94 Ark. 190, 126 S.W. 717 (1910).

Ferry Cables.

This section does not authorize a person to attach the end of his ferry cable to another's land on the opposite side of the stream. Lake v. Combs, 84 Ark. 21, 104 S.W. 544 (1907).

Municipal Regulation.

A city is authorized to regulate ferries, and when only one bank of a stream where landing is made is within the limits of the municipal corporation, it may regulate the ferry. Arkadelphia Lumber Co. v. City of Arkadelphia, 56 Ark. 370, 19 S.W. 1053 (1892).

Preemption Rights.

A valid preemption right to the land lying on one bank only of a river does not entitle the owner to the exclusive privilege of keeping a public ferry. Such right, accompanied by possession, would entitle him to the privilege of having a public ferry from the shore on which his own land was situated. Cloyes v. Keatts, 18 Ark. 19 (1856).

Relinquishment of Rights.

Where a person and those under whom he claimed, owning both banks of a river, had kept a ferry under proper licenses, but for 20 years another person had kept a ferry under license a short distance above the place where the first person had kept it and where he owned both sides of the river for the same uses and at the crossing of the same road, and from the time the second person took charge of the ferry the first person procured no license nor exercised any ferry privilege, the first person relinquished his right and therefore the second person was entitled to an exclusive right to keep the ferry. Brearly v. Norris, 23 Ark. 514 (1861).

27-87-105. Exclusiveness of privilege.

The county court shall not permit any ferry to be established within one (1) mile above or below any ferry previously established, except at or near cities and towns where the public convenience may require it and satisfactory proof of the need shall be first adduced.

History. Acts 1843, § 8, p. 109; C. & M. Dig., § 4713; Pope's Dig., § 5812; A.S.A. 1947, § 76-1714.

Case Notes

In General.

The ownership of land on both sides of a navigable stream entitles the owner to the privilege of operating a ferry under license from the county court, and when the court has once granted the privilege of keeping a public ferry, the privilege is exclusive within the distance, so long as it is exercised under an annual grant of license. Crane v. Jackson, 116 Ark. 100, 172 S.W. 890 (1915).

Abandonment of Ferries.

The operation of another ferry will not be enjoined where a previously established ferry has been abandoned. Finley v. Shemwell, 94 Ark. 190, 126 S.W. 717 (1910).

Discontinuance of Ferries.

A county court has discretion to discontinue a ferry. Shemwell v. Finley, 95 Ark. 342, 129 S.W. 792 (1910).

Equitable Relief.

One whose ferry franchise has been infringed upon could have redress in chancery. Crane v. Jackson, 116 Ark. 100, 172 S.W. 890 (1915).

Where a number of persons organize a company to operate a ferry for their own use across a navigable stream, the operation of the ferry could be enjoined at the suit of one operating a regularly licensed ferry at the same point. Ramsey v. Nevills, 133 Ark. 93, 201 S.W. 805 (1918).

Failure to Provide Service.

Where a ferrykeeper fails to provide adequate service for the needs of the community, he will be held to have temporarily abandoned the ferry to the extent that he is not entitled to equitable relief to restrain others from operating a ferry to meet the needs of the community. Crane v. Jackson, 116 Ark. 100, 172 S.W. 890 (1915).

Free Ferries.

County courts have power to establish free ferries, but not at, or within, the prohibited distance of the licensed ferry of another. Ex parte Howell, 36 Ark. 466 (1880).

Private Use of Boats.

A ferry license does not give the licensee a right to enjoin citizens from using their own boats upon the stream within a mile either way from his ferry, in crossing themselves, their families, employees, guests, or occasionally friends, at their will, or occasionally lending boats to each other for such purposes. Hunter v. Moore, 44 Ark. 184 (1884).

Public Convenience.

Where the county court permits a ferry to be established at or near a town within one mile of a ferry previously established, the question of whether public convenience requires the establishment of the rival ferry is necessarily passed upon and determined by the court. Lindsay v. Lindley, 20 Ark. 573 (1859).

Tolls.

No one except a licensed ferrykeeper is authorized to take tolls for crossing passengers within the limits of the ferry franchise. Hunter v. Moore, 44 Ark. 184 (1884).

27-87-106. State establishment and operation.

  1. In all cases hereafter existing in which a privately owned ferry serving traffic upon any state highway is discontinued, leaving no means of crossing available to the public, the State Highway Commission is authorized to establish and maintain ferry service at that point.
  2. To the end of providing ferry service, the State Highway Commission is authorized to acquire by negotiation, purchase, or exercise of eminent domain any required sites for landings or other needed acreage and to purchase or construct ferry boats and all facilities needed in the operation of the ferries.
  3. The ferries as provided shall be operated free of tolls to the public and shall be operated in the manner and at the hours as the State Highway Commission may from time to time prescribe.
  4. No portion of §§ 27-87-101 — 27-87-105, 27-87-201 — 27-87-209, 27-87-301 — 27-87-303, and 27-87-401 — 27-87-403 shall apply to the free ferries installed and operated by the State Highway Commission hereunder.
  5. All laws and parts of laws in conflict herewith are repealed.

History. Acts 1943, No. 116, §§ 1-4; A.S.A. 1947, §§ 76-613 — 76-616.

27-87-107. Record of cotton shipments.

  1. It shall be unlawful for any ferry boat to transport cotton or cottonseed from the shores of the State of Arkansas on the Mississippi River across the river into another state unless the owner or operator of the ferry boat shall keep a record of the vehicle used in the transportation of the cotton or cottonseed.
  2. The record shall show:
    1. The date of the trip;
    2. The name and address of the driver of the vehicle, to be obtained from the driver;
    3. The make and kind of the automobile, truck, wagon, or other vehicle so used; and
    4. If an automobile or truck, the number and state appearing on the license plate of the vehicle.
  3. If cotton so transported is already baled, the record shall further show the marks of identification appearing on the baled cotton.
  4. The record shall be kept in a book to be provided by the owner or operator of the ferry boat for that purpose and shall be kept on the ferry boat for a period of six (6) months following the date of the transportation of the cotton or cottonseed, during which period the record shall be open and subject to the inspection of the public at all times.
  5. After the expiration of the period, the book containing the record shall be filed with the State Highway Commission, to be preserved by it as a permanent record.
  6. Any person, firm, or corporation which shall fail or refuse to comply with the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) for each and every separate offense.

History. Acts 1931, No. 162, §§ 1-3; Pope's Dig., §§ 3069, 3070, 3659; A.S.A. 1947, §§ 76-1728 — 76-1730.

Cross References. Transportation of cotton over toll bridges, § 27-86-301 et seq.

Subchapter 2 — License and Privilege Tax

Effective Dates. Acts 1843, § 11, p. 109: effective on passage.

27-87-201. Taking toll without license — Penalty.

If any person shall keep any ferry over any navigable stream, for which he or she shall charge any person any money or any other valuable thing, without complying with the provisions of this chapter in relation to obtaining license, he or she shall forfeit and pay to every other person having a licensed ferry on the same stream or lake in the same county five dollars ($5.00) for every person so ferried, and the same sum for every vehicle or other article so transported which may be the subject of a separate charge is to be sued for and recovered before any justice of the peace in the county by civil action founded on this statute, with the costs of prosecution.

History. Rev. Stat., ch. 62, § 19; C. & M. Dig., § 4720; Pope's Dig., § 5819; A.S.A. 1947, § 76-1725.

Case Notes

Accommodation Ferries.

The penalty of this section is not incurred by a person who runs a free skiff as an inducement to persons to trade at his store, when there is no charge in money, or otherwise, for ferriage, and the persons carried are not under agreement to buy anything from the store; in such a case, the ferrykeeper whose rights are infringed has a clear case for damages, but the penalty of this section is not incurred by running the free ferry. Shinn v. Cotton, 52 Ark. 90, 12 S.W. 157 (1889).

Consideration.

This section was violated where a nonlicensed ferrykeeper transported persons in consideration of their assisting him in repairing his ferry. Shemwell v. Finley, 88 Ark. 330, 114 S.W. 705 (1908).

Election of Remedies.

Where owner of a legally licensed ferry brought an action against a person who operated an unlicensed ferry to recover statutory penalties and for damages for the unlawful operation of the ferry, it was error for the trial court to require the owner to elect upon which of these bases of recovery he would proceed. Crane v. Jackson, 125 Ark. 396, 188 S.W. 1188 (1916).

Failure to Issue License.

Dereliction of county officials in failing to issue annual license, and to levy and collect the tax therefor, cannot exonerate the holder of a ferry franchise for failure to pay annual license fee, or tax, nor exempt him from the penalties of this section. Munn v. Shults, 130 Ark. 291, 197 S.W. 570 (1917).

27-87-202. License — Navigable waterways generally.

  1. No person shall keep any ferry over or across any public navigable stream or lake so as to charge any compensation for crossing the stream or lake without first procuring a license from the county court of the county in which the ferry is situated.
  2. Any person wishing to establish a ferry across any navigable stream in this state shall apply to the county court of the county in which the ferry site may be.
  3. The county court shall grant a license to the applicant for the term of one (1) year from the date of the license upon the applicant's:
    1. Showing lawful possession of the land on which the ferry is sought to be established;
    2. Satisfying the court that the public convenience will be promoted thereby;
    3. Paying the tax levied by the county court for the privilege of the ferry; and
    4. Executing the bond required by this chapter.

History. Rev. Stat., ch. 62, §§ 4, 7, 12; C. & M. Dig., §§ 4696, 4699, 4704; Pope's Dig., §§ 5795, 5798, 5803; A.S.A. 1947, §§ 76-1704, 76-1707, 76-1718.

Case Notes

Abatement of Unauthorized Operation.

To operate a ferry under a charter granted under general incorporation laws without authority from the county court is an usurpation that may be abated by quo warranto. Darnell v. State, 48 Ark. 321, 3 S.W. 365 (1887).

Complaints for Damages.

Complaint for damages to ferry franchise resulting from competition by toll bridge was insufficient where it showed the issuance of only one ferry license 20 years previously, which license was good for 12 months. Hanger v. Little Rock J.R.R., 52 Ark. 61, 11 S.W. 965 (1889).

Decision of County Courts.

Where the establishment of a ferry for the public convenience except where inhibited by statute is a question for the county court, the court's decision is absolutely binding upon everyone, unless appealed from. Lindsay v. Lindley, 20 Ark. 573 (1859); Haynes v. Wells, 26 Ark. 464 (1871); Little Rock & F.S.R.R. v. McGehee, 41 Ark. 202 (1883).

Ferry Franchises.

A ferry franchise can only be obtained from the county court, and not by charter under the general incorporation laws. Darnell v. State, 48 Ark. 321, 3 S.W. 365 (1887).

Free Ferries.

County court has power to establish free ferries, but not at or within prohibited distance of licensed ferry of another. Ex parte Howell, 36 Ark. 466 (1880).

Levy of Tax.

Whenever a license to operate a ferry is granted, it is the duty of the county court to levy an annual tax on such privilege, without giving notice to the licensee. Independence County v. Duffey, 95 Ark. 352, 129 S.W. 794 (1910).

Liability of Owners.

Owners of a ferry leased to another, who operated it, were not liable for failure of the lessee to comply with the provisions of this section. Don G. Parker, Inc. v. Point Ferry, Inc., 249 Ark. 764, 461 S.W.2d 587 (1971).

License Requirement.

All ferries operating upon or over public navigable streams are deemed public ferries, and no person can keep any ferry operating over or across any such stream or lake and charge compensation for the use thereof without procuring a license. Bell v. Clegg, 25 Ark. 26 (1867); Finley v. Shemwell, 94 Ark. 190, 126 S.W. 717 (1910); Shults v. Munn, 124 Ark. 415, 187 S.W. 316 (1916).

Nature of Franchise.

A ferry franchise is the creature of sovereign power, and no one can exercise it without the consent of the state; when granted in terms exclusive, it cannot be violated, and if it is violated, a court of chancery may be resorted to successfully. Murray v. Menefee, 20 Ark. 561 (1859).

Right to Ferry Franchise.

The right to a ferry franchise is limited by statute to the owner or party rightfully in possession of land on a stream, and the right to a ferry franchise cannot be sold and transferred, nor is it descendible, separate and apart from the real estate wherewith it was allowed. Haynes v. Wells, 26 Ark. 464 (1871).

Turnpike Franchises.

Where a ferry is operated as an incident to a chartered turnpike to facilitate travel over it, the forfeiture of the turnpike franchise carries with it the right to maintain the ferry. Darnell v. State, 48 Ark. 321, 3 S.W. 365 (1887).

27-87-203. License — Stream on county boundary.

If any navigable stream or lake shall form a portion of the boundary of any county, so that one bank is in one county and the other is in a different county at the place where it is proposed to erect a ferry, a license shall be had from the county court for the ferry on the counties' respective banks or shores.

History. Rev. Stat., ch. 62, § 5; C. & M. Dig., § 4697; Pope's Dig., § 5796; A.S.A. 1947, § 76-1705.

Case Notes

Approval of Franchises.

In order to obtain a license or franchise to operate a ferry across a river which is the boundary between two counties, the applicant must get permission from the county court in each county. Caldwell v. Fitzhugh, 175 Ark. 801, 300 S.W. 395 (1927).

Jurisdiction.

Where a river is the boundary between two counties, the granting of a ferry franchise is not wholly within the jurisdiction of either county. Caldwell v. Fitzhugh, 175 Ark. 801, 300 S.W. 395 (1927).

Municipal Regulation.

A city is authorized to regulate ferries, and when only one bank of a stream where landing is made is within the limits of the municipal corporation, it may regulate the ferry. Arkadelphia Lumber Co. v. City of Arkadelphia, 56 Ark. 370, 19 S.W. 1053 (1892).

Res Judicata.

Where a river is the boundary between two counties, and the county court of one of the counties decides against the granting of ferry privileges, the decision becomes res judicata and the petitioner's application for a ferry franchise cannot be heard by the county court of the county on the opposite side of the river. Caldwell v. Fitzhugh, 175 Ark. 801, 300 S.W. 395 (1927).

27-87-204. Operation by advertisement.

  1. Any person wishing to put into operation any public ferry when the county court is not in session may do so by putting up an advertisement at the ferry, stating that he or she intends to apply at the next county court for a license for the ferry, and he or she may charge and receive the usual rates of ferriage until the county court shall meet.
  2. The county court, in cases where ferries have been put in operation in vacation of the court, by advertisement shall grant to the person a license at the next term of such court on his or her applying for it and complying with the provisions of this chapter as in cases of other ferries, which shall relate back for one (1) year from the time of putting the ferry in operation by advertisement.
  3. Any person putting a ferry across any navigable stream in operation by advertisement who shall fail or neglect at the next term of the county court to apply for a license and in all respects to comply with the orders of the county court in respect thereto shall by notice served on him or her by order of the county court be required to appear at its next term and show cause, if any, why he or she should not be fined. If no sufficient legal reason is shown, he or she shall be fined by the court in any sum not exceeding thirty dollars ($30.00). These proceedings shall be had without the necessity of formal pleadings.

History. Rev. Stat., ch. 62, §§ 13-15; C. & M. Dig., §§ 4705-4707; Pope's Dig., §§ 5804-5806; A.S.A. 1947, §§ 76-1722 — 76-1724.

27-87-205. Tax — Assessment.

  1. Before any ferry shall be established, the court shall determine what tax shall be paid by the applicant for the privilege of the ferry, which shall not be less than one dollar ($1.00) nor more than one hundred dollars ($100).
  2. It shall be the duty of the county courts to levy a tax on all ferry privileges in their respective counties whether application be made by any person for the same or not. However, no ferry at which the public county road does not cross shall be subject to the tax herein provided.

History. Rev. Stat., ch. 62, § 8; Acts 1843, § 2, p. 109; C. & M. Dig., §§ 4700, 4708; Pope's Dig., §§ 5799, 5807; A.S.A. 1947, §§ 76-1708, 76-1709.

Case Notes

Annual Tax Levy.

Whenever a license to operate a ferry is granted, it is the duty of the county court to levy an annual tax on such privilege, without giving notice to the licensee. Independence County v. Duffey, 95 Ark. 352, 129 S.W. 794 (1910).

Municipal License Fees.

A license fee of $25.00 for the privilege of keeping a ferry within the limits of a city is a reasonable regulation, and not a tax. Arkadelphia Lumber Co. v. City of Arkadelphia, 56 Ark. 370, 19 S.W. 1053 (1892).

27-87-206. License — Issuance.

It shall be the duty of the clerk of the county court, immediately after the assessment of any tax for ferry privileges by the court, to issue a license for the ferrykeeper to whom the privileges were granted and to deliver it to the sheriff and charge him or her with the amount thereof, in the same manner that he or she is required to be charged with other county revenue.

History. Acts 1843, § 3, p. 109; C. & M. Dig., § 4709; Pope's Dig., § 5808; A.S.A. 1947, § 76-1710.

27-87-207. Tax — Failure to pay.

  1. It shall be the duty of the sheriff to present the licenses named in § 27-87-206 to the proper ferryman within twenty (20) days after they are issued.
  2. If the amount is not paid, the sheriff shall retain the license.
  3. Twenty (20) days thereafter, if the amount is still unpaid, it shall be the duty of the sheriff to levy on and sell the property of the ferrykeeper to satisfy the amount of the ferry tax, in the same manner and under the same restrictions as lands and tenements, goods, and chattels are required to be levied on and sold under executions on judgments at law.
  4. If sufficient property of the ferrykeeper cannot be found to make the amount of his or her ferry tax, it shall be the duty of the sheriff to return a statement of the facts to the next term of the county court, whose duty it shall be to order a scire facias issued against the securities of the ferrykeeper, returnable to the next term of the court.
  5. If sufficient cause shall not be shown to the contrary, the court shall order judgment against his securities for the amount found due with all costs.

History. Acts 1843, §§ 4, 6, p. 109; C. & M. Dig., §§ 4710, 4711; Pope's Dig., §§ 5809, 5810; A.S.A. 1947, §§ 76-1711, 76-1712.

27-87-208. Tax — Sheriff's settlement.

The sheriff shall settle for the amount collected by him or her for ferry tax in the manner and at the time that he or she is required to settle for other revenue of the county.

History. Acts 1843, § 7, p. 109; C. & M. Dig., § 4712; Pope's Dig., § 5811; A.S.A. 1947, § 76-1713.

27-87-209. Tax or charge — Stream on state boundary.

When a navigable stream makes a part of the boundary line of this state, if any tax or charge shall be assessed or collected by any adjoining state for the privilege of a ferry landing on the shore or bank of another state from this state, then the same tax or duty shall be assessed and collected for like privilege of landing on the banks or shores of this state.

History. Rev. Stat., ch. 62, § 6; C. & M. Dig., § 4698; Pope's Dig., § 5797; A.S.A. 1947, § 76-1706.

Subchapter 3 — Bonds

Effective Dates. Acts 1873, No. 31, § 30: effective on passage.

27-87-301. Requirement and terms.

The county court shall have authority and is required to compel all persons who are authorized to keep a public ferry to give bond and good security in such sum as the court may deem sufficient to the judge of the county court and his or her successors in office. This bond shall be conditioned that the ferrykeeper will constantly find, provide, and keep good and sufficient boats or other proper craft in constant good repair and the banks on either side of the creek or watercourse that may be ferried in good condition and that the ferry shall always be so attended as to pass all persons and their horses and other stock, vehicles, and effects in safety and without detention and that he or she will comply with all the requisitions of the law relating to or governing public ferries.

History. Rev. Stat., ch. 62, § 11; Acts 1873, No. 31, § 19 (in part), p. 53; C. & M. Dig., § 4703; Pope's Dig., § 5802; A.S.A. 1947, § 76-1715.

Case Notes

Applicability.

This section does not apply to a ferrykeeper's obligations to the public generally and, being a reenactment of the common law, creates an additional remedy, but not an additional right. Harris v. McClintock, 164 Ark. 145, 261 S.W. 29 (1924).

Liability of Owners.

Owners of a ferry leased to another, who operated it, were not liable for failure of the lessee to comply with the provisions of this section. Don G. Parker, Inc. v. Point Ferry, Inc., 249 Ark. 764, 461 S.W.2d 587 (1971).

27-87-302. Damages.

If any persons sustaining damage by reason of a ferrykeeper not having complied with the conditions of bond, the persons sustaining the damage may bring suit against the ferrykeeper on the bond in the name of the judge of the county court and recover for such nonperformance of the conditions so much damage as they shall appear to have sustained and take out execution for whatever shall be recovered.

History. Acts 1873, No. 31, § 19 (in part), p. 53; C. & M. Dig., § 4714; Pope's Dig., § 5813; A.S.A. 1947, § 76-1716.

Case Notes

Actions for Negligence.

The right of action provided by this section on the bond of a ferrykeeper does not preclude a resort to the common law action for negligence. Wells v. Steele, 31 Ark. 219 (1876).

Liability as Insurer.

Ferrykeepers, like all other common carriers, are regarded in law as insurers of the property committed to their care and are responsible for all losses or damages to it which do not come within the excepted cases of the acts of God and the public enemy. Harvey v. Rose, 26 Ark. 3 (1870); Evans & Shinn v. Rudy, 34 Ark. 383 (1879).

27-87-303. Liability of sureties.

In all cases of recoveries against ferrykeepers for violations of this chapter, if after judgment execution shall be returned that there are no goods and chattels of the ferrykeeper whereupon to levy and make the money demanded in the execution, the justice shall issue a scire facias against the sureties of the ferrykeeper. If the securities do not show sufficient reason to the contrary, the justices shall enter judgment against the securities for the amount of debt as may be unsatisfied and issue execution therefor as in other cases.

History. Rev. Stat., ch. 62, § 20; C. & M. Dig., § 4719; Pope's Dig., § 5818; A.S.A. 1947, § 76-1717.

Subchapter 4 — Rates

Effective Dates. Acts 1873, No. 31, § 30: effective on passage.

Acts 1933, No. 139, § 2: approved Mar. 24, 1933. Emergency clause provided: “It is ascertained that ferries are being operated in competition with State owned toll bridges at rates that result in great loss to the State and for this reason an emergency is hereby declared and this act shall take effect without delay.”

27-87-401. Regulation — Fines.

  1. The toll of ferries that are established shall at all times be subject to regulation by the county court in which the ferry may be kept.
  2. Every keeper of a ferry shall keep constantly posted in some conspicuous place at the ferry the rates of toll allowed to be charged. If any ferrykeeper fails or neglects to do so, he or she shall forfeit and pay the sum of four dollars ($4.00) for every neglect. Each day that the ferry rates are not posted shall constitute a separate offense. The sum shall be recovered in a civil action before any justice of the county, one-half (½) for the use of the prosecutor and one-half (½) to the county.
  3. Should any keeper presume to charge or demand more than what the county court may have allowed, the keeper shall forfeit and pay for every offense the sum of ten dollars ($10.00), to be recovered before any justice of the peace of the township in which such ferry is located by any person of whom the demand may be made.

History. Rev. Stat., ch. 62, § 18; Acts 1873, No. 31, § 20, p. 53; C. & M. Dig., §§ 4701, 4717, 4718; Pope's Dig., §§ 5800, 5816, 5817; A.S.A. 1947, §§ 76-1720, 76-1721.

Case Notes

Charge for Contents.

A ferrykeeper cannot charge for the contents of a wagon separately from the wagon itself. Kelly v. Altemus, 34 Ark. 184 (1879).

Charge for Passengers.

Where a county court fixes the rate for a vehicle depending upon its size or capacity and not upon the number of passengers in the vehicle, a ferrykeeper cannot charge extra ferriage for passengers riding in the vehicle. Newport Ferry Co. v. Stephens, 137 Ark. 544, 209 S.W. 726 (1919).

Failure to Receive Rates.

A ferrykeeper is not liable for the penalty if the clerk fails to give him a copy of the ferriage rates fixed by the county court. State ex rel. Pub. Sch. Fund v. Arkadelphia Lumber Co., 70 Ark. 329, 67 S.W. 1011 (1902).

Reasonableness of Rates.

The reasonableness of ferry rates is a question for the county court. Covington v. St. Francis County, 77 Ark. 258, 91 S.W. 186 (1905).

27-87-402. Record — Distribution.

  1. The court shall state on its record the rates of toll or ferriage which may be demanded for ferrying passengers, vehicles, beasts, and other property usually transported by ferries.
  2. The clerk shall make out a copy of ferriage rates under his or her official signature and give it to the person procuring a license.

History. Rev. Stat., ch. 62, § 9; C. & M. Dig., § 4702; Pope's Dig., § 5801; A.S.A. 1947, § 76-1719.

Case Notes

Purpose.

Ferry rates are fixed for the protection of the public. Kelly v. Altemus, 34 Ark. 184 (1879).

Reasonableness of Rate.

Reasonableness of ferry rates is a question solely for the county courts. Covington v. St. Francis County, 77 Ark. 258, 91 S.W. 186 (1905).

27-87-403. Ferries in competition with state-owned toll bridges.

  1. All ferries operating in competition with state-owned toll bridges shall be subject to regulation as to ferry rates by the State Highway Commission and the rates to be charged shall be the same as the traffic rates prevailing upon the state-owned toll bridge with which the ferry is operated in competition.
  2. Any ferrykeeper operating and a competing ferrykeeper charging less than the rate fixed on state-owned toll bridges shall be deemed guilty of a misdemeanor and punished by a fine not to exceed fifty dollars ($50.00) for each separate offense. However, the commission, in its discretion, may fix a lower rate on those ferries for all vehicles other than motor-propelled vehicles and riparian landowners or tenants on the lands for passing from one part of a farm to another owned or leased by the landowner or tenant.
  3. No ferry shall be declared to be in competition with the state-owned toll bridge unless it is within three (3) miles of a state-owned toll bridge.

History. Acts 1933, No. 139, § 1; Pope's Dig., § 5822; A.S.A. 1947, § 76-1727.

Chapter 88 Bonds For Construction And Operation

Effective Dates. Acts 1953, No. 104, § 19: Feb. 20, 1953. Emergency clause provided: “There has been found, and it is hereby determined by the General Assembly, that there is a lack of adequate bridge and ferry facilities in the system of State Highways in the State of Arkansas; that on account of that lack of adequate facilities, vehicular and other traffic are denied an easy and direct access to and across the State of Arkansas; that on account thereof much vehicular and other traffic avoid passage into and through the State of Arkansas, thereby causing to the State of Arkansas a loss of revenues derived from such traffic and causing to the inhabitants of the State of Arkansas loss of revenues and income necessarily incidental thereto; that on account of the said lack of adequate facilities, the highways currently in use are over crowded with traffic, thereby making it impossible to provide adequate maintenance to the said highways and endangering unnecessarily the lives of those using said highways; that until the lack of adequate bridge and ferry facilities has been supplied, it will be impossible for the State of Arkansas to develop and maintain a system of state highways adequate for the growth and development of the State; that when the said facilities are supplied, new business and industry will be more greatly encouraged to locate in the State; that only by this Act can the urgent demands for adequate bridge and ferry facilities be met and for that reason it should take effect without delay; and for said reasons it is hereby declared necessary for the preservation of the public peace, health and safety that this Act should become effective without delay. An emergency, therefore, is declared to exist and this Act shall take effect and be in force from and after its passage, and approval by the Governor.”

Acts 1957, No. 15, § 4: Feb. 1, 1957. Emergency clause provided: “There has been found, and it is hereby determined by the General Assembly, that there is a lack of adequate bridge and ferry facilities in the system of State Highways in the State of Arkansas; that on account of the lack of adequate facilities, vehicular and other traffic are denied an easy and direct access to and across the State of Arkansas; that on account thereof much vehicular and other traffic avoid passage into and through the State of Arkansas, thereby causing to the State of Arkansas a loss of revenue derived from such traffic and causing to the inhabitants of the State of Arkansas loss of revenues and income necessarily incidental thereto; that on account of the said lack of adequate facilities, the highways currently in use are over-crowded with traffic, thereby making it impossible to provide adequate maintenance to the said highways and endangering unnecessarily the lives of those using said highways; that until the lack of adequate bridge and ferry facilities has been supplied, it will be impossible for the State of Arkansas to develop and maintain a system of state highways adequate for the growth and development of the State; that when the said facilities are supplied, new business and industry will be more greatly encouraged to locate in the State; that only by this act can the urgent demands for adequate bridge and ferry facilities be met and for that reason it should take effect without delay; and for said reasons it is hereby declared necessary for the preservation of the public peace, health and safety that this act should become effective without delay. An emergency, therefore, is declared to exist and this act shall take effect and be in force from and after its passage, and approval by the Governor.”

27-88-101. Liberal construction.

This chapter shall be liberally construed to effectuate the purposes thereof.

History. Acts 1953, No. 104, § 17; A.S.A. 1947, § 76-633.

27-88-102. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Commission” means the State Highway Commission of the State of Arkansas;
  2. “Construction” and “constructing” when said with reference to ferries include the terms “purchase” and “purchasing”, respectively;
  3. “General Bridge Authority Act” has reference to 33 U.S.C. § 525 et seq.; and
  4. “Revenue” means revenue or income derived solely from tolls, rents, fees, and other charges imposed by the commission for services rendered by a bridge constructed or reconstructed, or by a ferry constructed under the provisions of this chapter, and shall not be deemed in any event to include any revenues or funds of the State of Arkansas.

History. Acts 1953, No. 104, § 1; A.S.A. 1947, § 76-617.

27-88-103. Scope of authority.

  1. This chapter shall be deemed, without reference to any other statute, full authority for:
    1. The construction or reconstruction of any bridge or ferry;
    2. The acquisition, construction, and reconstruction of approaches thereto;
    3. The operation and maintenance thereof; and
    4. The issuance and sale of the bonds authorized by this chapter.
  2. This chapter shall be construed as an additional and alternative method for the aforementioned activities and for the financing thereof.
  3. No petition or election or other or further proceeding in respect to construction, reconstruction, and acquisition or to the issuance or sale of bonds under this chapter and no publication of any resolution, notice, or proceeding relating to the construction, reconstruction, or acquisition or sale of the bonds shall be required except such as are prescribed by this chapter, any provision of other statutes of the state to the contrary notwithstanding.

History. Acts 1953, No. 104, § 13; A.S.A. 1947, § 76-629.

27-88-104. Authority to issue bonds — Use of funds.

  1. Whenever the State Highway Commission shall determine on the basis of a traffic and engineering survey that the public convenience and necessity require the construction or reconstruction of a bridge or the construction of a ferry to facilitate interstate or intrastate traffic and the construction or reconstruction of the bridge or the construction of the ferry will entail expense in an amount found by the commission to hinder and retard highway construction within the state, the commission is authorized to issue bonds to be known as “State Highway River Bridge (Ferry) Revenue Construction Bonds”.
  2. The proceeds from the sale of revenue construction bonds shall be paid into the State Treasury to the credit of the State Highway Bridge Revenue Construction Fund, which fund is created, to the credit of the State Highway River Bridge (Ferry), and shall be used, in addition to any other available funds, for paying the cost of construction and reconstruction of any bridge and the acquisition, construction, and reconstruction of approaches thereto or for paying the costs of constructing any ferry and the acquisition and construction of approaches to the ferry, except that the accrued interest paid when the bonds are delivered shall be credited to the sinking fund provided by the commission for the payment of the principal of and interest on the bonds and the fiscal agency charges in connection therewith.
  3. Costs of construction and reconstruction and acquisition of approaches shall be deemed to include:
    1. Costs of construction, reconstruction, and acquisition;
    2. Costs of all property, rights, easements, and franchises deemed necessary or convenient therefor;
    3. Interest upon the bonds prior to and during the construction, reconstruction, or acquisition and for twelve (12) months after completion thereof;
    4. Engineering and legal expenses;
    5. Expenses for estimates of costs and revenues;
    6. Expenses for plans, specifications, and surveys;
    7. Other expenses necessary or incidental to determining the feasibility or practicability of the construction, reconstruction, or acquisition, and administrative expenses; and
    8. Other expenses as may be necessary or incidental to the financing herein authorized.

History. Acts 1953, No. 104, § 2; A.S.A. 1947, § 76-618.

27-88-105. Form of bonds.

  1. The bonds shall be in such form and denomination, have such dates and maturities not exceeding forty (40) years from their date, bear interest payable at such times and rates, be payable at such places within or without the state, and contain such provisions as to registration of ownership if the commission thinks registration is desirable, all as the State Highway Commission shall determine.
  2. The bonds shall be signed with the facsimile or lithographed signature of the Chair of the State Highway Commission and with the manual signature of the secretary of the commission.
  3. The coupons attached thereto shall be signed with the facsimile or lithographed signature of the chair of the commission.
  4. The delivery of the bonds so executed shall be valid, notwithstanding any change in the officers occurring after their execution.

History. Acts 1953, No. 104, § 3; 1957, No. 15, § 1; A.S.A. 1947, § 76-619.

27-88-106. Redemption before maturity.

All bonds issued under the provisions of this chapter, maturing on and after ten (10) years from their date, in the discretion of the State Highway Commission, may contain a provision authorizing their redemption before maturity at the option of the commission in a manner as it may elect at par plus accrued interest upon notice published for one (1) insertion not more than sixty (60) days and not later than thirty (30) days before the date of such redemption in a newspaper of general circulation published in Little Rock and in a financial journal published in the Borough of Manhattan, New York, New York.

History. Acts 1953, No. 104, § 4; A.S.A. 1947, § 76-620.

27-88-107. Seal.

The State Highway Commission is authorized to adopt and use a seal in the execution and issuance of bonds authorized under the provisions of this chapter.

History. Acts 1953, No. 104, § 3; 1957, No. 15, § 1; A.S.A. 1947, § 76-619.

27-88-108. Sale.

  1. The State Highway Commission is authorized to sell all the bonds of each issue issuable under this chapter at one (1) time, or it may from time to time sell installments of the bonds of each issue in principal amounts to be determined by the commission. The bonds of each issue may be delivered all at one (1) time or from time to time.
  2. All bond sales shall be public on sealed bids, after notice published by the commission's secretary for one (1) insertion not more than thirty (30) days nor less than fifteen (15) days before the date of the sale, in the news media specified in § 27-88-106. This requirement shall not apply to a sale of bonds made to an agent or instrumentality of the United States Government, including corporations, the capital stock of which is subscribed by the United States Government.
  3. Bonds may be sold at less than par, and the bonds of each issue, as sold, may be converted into an issue of bonds bearing a lower rate or rates of interest, but only on the condition that the commission receive no less and pay no more than it would have received and paid if the bonds had not been converted and on the condition that the conversion is approved by the commission.
  4. In no event, however, shall the commission be required to pay more than six percent (6%) interest on the amount received for bonds sold under the provisions of this chapter, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values.
  5. The commission shall have the right to refuse any and all bids.
  6. The commission may employ one (1) or more fiscal agents for the sale of the bonds and pay a reasonable fee for the services of the agent or agents.

History. Acts 1953, No. 104, §§ 5, 6; 1957, No. 15, §§ 2, 3; A.S.A. 1947, §§ 76-621, 76-622.

27-88-109. No right arises until issuance and sale.

This chapter shall not create any right of any character, and no right of any character shall arise under or pursuant to it unless and until the bonds authorized by this chapter have been issued and actually sold by the State Highway Commission.

History. Acts 1953, No. 104, § 15; A.S.A. 1947, § 76-631.

27-88-110. Investment of proceeds from sale.

The State Highway Commission is further authorized to invest portions of the proceeds from the sale of such bonds as in its judgment may not be required for immediate use in direct general obligations of the United States or of the State of Arkansas.

History. Acts 1953, No. 104, § 5; 1957, No. 15, § 2; A.S.A. 1947, § 76-621.

27-88-111. Temporary notes or bonds.

Temporary notes or bonds conforming to this chapter, exchangeable for definitive bonds, may be issued in the discretion of the State Highway Commission.

History. Acts 1953, No. 104, § 3; 1957, No. 15, § 1; A.S.A. 1947, § 76-619.

27-88-112. Notes and bonds as negotiable instruments.

All bonds and notes issued under the provisions of this chapter shall be, and shall have, all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state.

History. Acts 1953, No. 104, § 3; 1957, No. 15, § 1; A.S.A. 1947, § 76-619.

27-88-113. Tax exemption.

The bonds issued under this chapter shall be exempt from the state income taxes.

History. Acts 1953, No. 104, § 6; 1957, No. 15, § 3; A.S.A. 1947, § 76-622.

27-88-114. Sinking fund for payment of bonds.

At or before the issuance of any bonds, the State Highway Commission shall:

  1. By resolution provide for a sinking fund for the payment of the principal of the bonds and the interest thereon and for the payment of the charges of banks or trust companies for making payment of the principal and interest; and
  2. Set aside and pledge a sufficient amount of the gross revenues of the bridge or ferry to be paid by the commission into the sinking fund at intervals to be determined by the resolution of the commission prior to the issuance of the bonds for:
    1. The interest upon such bonds as the interest shall fall due;
    2. The necessary fiscal agency charges for paying principal and interest;
    3. The payment of the bonds as they fall due, or if all bonds mature at one (1) time, the proper maintenance of a sinking fund sufficient for the payment thereof at that time; and
    4. A margin for safety.

History. Acts 1953, No. 104, § 7; A.S.A. 1947, § 76-623.

27-88-115. Operation and maintenance fund.

  1. All revenues of the bridge or ferry not required under the provisions of this chapter to be paid into the sinking fund provided in the resolution authorizing the issuance of bonds shall be paid into an operation and maintenance fund and be used by the State Highway Commission in the operation and maintenance of the bridge or ferry.
  2. However, all moneys in any operation and maintenance fund in excess of an amount deemed by the commission sufficient for operation and maintenance for an ensuing period of not less than twelve (12) months shall be paid into the sinking fund.

History. Acts 1953, No. 104, § 8; A.S.A. 1947, § 76-624.

27-88-116. Tolls, rates, and fees.

  1. The State Highway Commission is authorized, and it shall be its duty, by resolution to establish, maintain, and collect just and equitable tolls, rates, fees, and other charges for the use of and the services rendered by the bridge or ferry.
  2. The commission may change and readjust the tolls, rates, fees, and other charges from time to time to such extent as will not render insecure the rights of the holders of revenue bonds or violate any sinking fund agreement or other lawful agreements with bondholders.
  3. Tolls, rates, fees, and other charges shall be sufficient in each year for the payment of the sums herein required to be paid into the sinking fund and for the payment of the proper and reasonable expenses of operation and maintenance of the bridge or ferry and of the approaches thereto.
  4. Revenues collected pursuant to this section shall be deemed the revenues of the bridge or ferry.
  5. The aggregate of tolls, rents, fees, and other charges shall always be sufficient for sinking fund payments, and for expenses of operation and maintenance.
  6. If there is default in the payment of the principal of or interest upon any of the bonds issued under the provisions of this chapter, any court having jurisdiction in any proper action may appoint a receiver to operate and manage the bridge or ferry on behalf of the commission, with power to charge and collect tolls, rents, fees, and other charges sufficient to provide for the payment of the bonds and interest thereon, and for the payment of the operating expenses and to apply the income and the revenues in conformity with this chapter and the resolution providing for the issuance of the bonds.

History. Acts 1953, No. 104, § 9; A.S.A. 1947, § 76-625.

27-88-117. Bonds payable solely from bridge or ferry revenues.

  1. Bonds issued under the provisions of this chapter shall be payable solely from the revenues derived from the bridge or ferry. These bonds shall not in any event constitute an indebtedness of the State of Arkansas within the meaning of the constitutional provisions or limitations.
  2. It shall be plainly stated on the face of each bond that the bond has been issued under the provisions of this chapter and that it does not constitute an indebtedness of the State of Arkansas within any constitutional or statutory limitation.

History. Acts 1953, No. 104, § 10; A.S.A. 1947, § 76-626.

27-88-118. Additional bond issues — Equality.

  1. The State Highway Commission may provide in its resolution authorizing the issuance of the bonds or in the trust indenture executed in connection therewith that additional bonds may thereafter be authorized and issued, at one (1) time or from time to time, when necessary for the completion of the construction or reconstruction of any bridge and the acquisition, construction, and reconstruction of approaches thereto, or for the completion of the construction of any ferry and the acquisition and construction of approaches thereto.
  2. Additional bonds will be secured and be payable from the revenues of the bridge or ferry equally with all other bonds issued pursuant to the resolution, without preference or distinction between any one bond and any other bond by reason of priority of issuance or otherwise.

History. Acts 1953, No. 104, § 11; A.S.A. 1947, § 76-627.

27-88-119. Contracts with United States or other states.

For the purpose of carrying into effect the objects and purposes of this chapter, the State Highway Commission shall have full power and authority to negotiate and enter into contracts with the United States and any of its agencies and with the state highway commission or other comparable authority of any adjoining state where a bridge or ferry, or the approaches thereto may be located and to contract for the joint ownership of any bridge or ferry and the approaches thereto and the means and manner of operating and maintaining the bridge or ferry and the approaches thereto.

History. Acts 1953, No. 104, § 14; A.S.A. 1947, § 76-630.

27-88-120. Conformity to federal law.

All interstate bridges constructed or reconstructed under the terms of this chapter and all tolls, rents, fees, and other charges established for services rendered by the bridge or ferry shall be subject and conform to the terms and provisions of the Act of Congress known as the “General Bridge Authority Act”, approved August 2, 1946, and any act amendatory thereto.

History. Acts 1953, No. 104, § 16; A.S.A. 1947, § 76-632.

U.S. Code. The reference to the General Bridge Authority Act is probably a reference to the General Bridge Act of 1946, which is codified as 33 U.S.C. § 525 et seq.

27-88-121. Right of eminent domain.

For the purpose of acquiring any land, rights, easements, franchises, or other real or personal property deemed to be necessary or convenient for the construction and reconstruction of any bridge or ferry, or for the acquisition of the approaches thereto, the State Highway Commission shall have the right of eminent domain, as is provided in §§ 27-64-104 and 27-67-316.

History. Acts 1953, No. 104, § 12; A.S.A. 1947, § 76-628; Acts 2017, No. 448, § 43.

Amendments. The 2017 amendment deleted “in Acts 1927, No. 116, § 5 and Acts 1933, No. 115, § 1 and” following “is provided”.

Cross References. Acquisition, condemnation, and disposition of property, § 27-67-301 et seq.

Chapter 89 Interstate Compacts

Subchapter 1 — General Provisions

[Reserved]

Subchapter 2 — Arkansas-Mississippi Bridge Commission Compact

Effective Dates. Acts 1951, No. 66, § 5: Feb. 9, 1951. Emergency clause provided: “Since the demands of transportation are such that the facilities to be obtained through this act are of immediate need, an emergency exists within the meaning of the Constitution, this act being necessary for the immediate preservation of the public health, peace and safety, and this act shall, therefore, be in full force and effect from and after its passage and approval by the Governor.”

27-89-201. Creation of commission — Members.

  1. The Governor, by and with the advice and consent of the Senate, shall appoint three (3) commissioners to enter into a compact on behalf of the State of Arkansas with the State of Mississippi.
  2. If the Senate is not in session at the time for making these appointments, the Governor shall make temporary appointments, as in the case of a vacancy.
  3. Any two (2) of the commissioners so appointed, together with the Attorney General of the State of Arkansas, may act to enter into the compact set out in § 27-89-202.
  4. Vacancies occurring in the office of any appointed commissioner shall be filled by appointment by the Governor by and with the advice and consent of the Senate for the unexpired term.

History. Acts 1951, No. 66, §§ 1, 3; A.S.A. 1947, §§ 76-2101, 76-2103.

27-89-202. Text of compact.

COMPACT BETWEEN ARKANSAS AND MISSISSIPPI CREATING AN ARKANSAS-MISSISSIPPI BRIDGE COMMISSION

ARTICLE I

There is created an Arkansas-Mississippi Bridge Commission (hereinafter referred to as the commission) which shall be a body corporate and politic and which shall have the following powers and duties:

  1. To plan, construct, maintain, and operate a bridge and approaches thereto across the Mississippi River at or near Helena, Arkansas, and Friars Point, Mississippi, at a point deemed by the commission as most suitable to the interests of the citizens of the States of Arkansas and Mississippi in accordance with the provisions of an act of the Seventy-Ninth Congress, Second Session, of the United States entitled “The General Bridge Act of 1946”;
  2. To purchase, maintain and, in its discretion, to operate all or any ferries across the Mississippi River within twenty-five (25) miles of the site selected for the bridge;
  3. To contract, to sue, and be sued in its own name; to purchase or otherwise acquire, hold, and dispose of real and personal property;
  4. To acquire by proper condemnation proceedings such real property as may be necessary for the construction and operation of the bridge and the approaches thereto;
  5. To issue bonds on the security of the revenues derived from the operation of the bridge and ferries for the payment of the cost of the bridge, its approaches, ferry or ferries, and the necessary lands, easements, and appurtenances thereto including interest during construction and all necessary engineering, legal, architectural, traffic surveying, and other necessary expenses. Such bonds shall be the negotiable bonds of the commission, the income of which shall be tax free. The principal and interest of the bonds, and any premiums to be paid for their retirement before maturity, shall be paid solely from the revenues derived from the bridge and ferries;
  6. To establish and charge tolls for transit over such bridge and ferries in accordance with the provisions of this compact;
  7. To perform all other necessary and incidental functions.

ARTICLE II

The rates of tolls to be charged for transit over such bridge and ferries shall be so adjusted as to provide a fund sufficient to pay for the reasonable cost of maintenance, repairs, and operation (including the approaches to the bridge) under economical management, and also to provide a sinking fund sufficient to pay the principal and interest of the outstanding bonds. All tolls and other revenues derived from facilities of the commission are pledged to such uses.

ARTICLE III

The commission shall keep an accurate record of the cost of the bridge and other expenses and of the daily revenues collected and shall report annually to the governor of each state setting forth in detail the operations and transactions conducted by it pursuant to this agreement and any legislation thereunder.

ARTICLE IV

When the bonds have been retired, the part of the bridge within the State of Arkansas shall be conveyed to the State of Arkansas, and that part within the State of Mississippi to the State of Mississippi, and the high contracting parties to this compact do hereby agree that thereafter the bridge shall be free of tolls and shall be properly maintained, operated and repaired by the two states as may be agreed upon.

ARTICLE V

The commission shall consist of eighteen (18) members, nine (9) of whom shall be qualified electors of the State of Arkansas and nine (9) of whom shall be qualified electors of the State of Mississippi. The Arkansas members are to be chosen by the State of Arkansas, and the Mississippi members are to be chosen by the State of Mississippi, in the manner and for the term fixed by the legislature of each state, except as herein provided. The first commission, acting under this compact, shall be the present members of the Arkansas-Mississippi Bridge Commission heretofore appointed under the terms and provisions of Act of Congress approved May 17, 1939 (Public Act 80, 76th Congress), as amended by Act of Congress approved June 19, 1948 (Public Act 701, 80th Congress), said commission consisting of the following members: J. B. Lambert, Helena, Arkansas; R. L. Brooks, Helena, Arkansas; K. B. Laswell, Helena, Arkansas; John C. Sheffield, Helena, Arkansas; C. N. Houck, Marianna, Arkansas; William Campbell, Forrest City, Arkansas; Clarence Thomas, Clarendon, Arkansas; Ballard Deane, St. Charles, Arkansas; DeWitt Poe, McGehee, Arkansas; W. K. Anderson, Clarksville, Mississippi; E. Cage Brewer, Clarksdale, Mississippi; M. D. Brett, Clarksdale, Mississippi; R. N. Baltzer, Clarksdale, Mississippi; Sol Hirsburg, Friars Point, Mississippi; John Dunlap, Batesville, Mississippi; Noel M. Hodge, Oxford, Mississippi; Grady Cook, Pontotoc, Mississippi; James A. Finely, Tupelo, Mississippi.

ARTICLE VI

  1. The Commission shall elect from its number a chairman and a vice chairman and may appoint such officers and employees as it may require for the performance of its duties and shall fix and determine their qualifications and duties.
  2. Until otherwise determined by the legislature of the two states, no action of the commission shall be binding unless taken at a meeting at which at least five (5) members from each state are present and unless a majority of the members from each state present at such meeting shall vote in favor thereof. Each state reserves the right hereafter to provide by law for the exercise of the veto power by the governor thereof over any action of any commission appointed therefrom.
  3. The two states shall provide penalties for violations of any order, rule or regulation of the commission, and for the manner of enforcing same.
    1. The States which are parties to this Compact (hereinafter referred to as “party states”) do hereby establish and create a joint agency which shall be known as the Arkansas-Mississippi Great River Bridge Authority (hereinafter referred to as “the authority”). The membership of each authority shall consist of five (5) representatives from the State of Mississippi, to be selected in such manner as may be provided by the laws enacted by the Legislature of the State of Mississippi, and five (5) members from the State of Arkansas, to be selected in such manner as determined by laws enacted by the Arkansas General Assembly. The terms of the members of such authority from each of the party states, the method of appointing successor members, and the method of filling vacancies on the authorities of the party states, shall be determined by the laws of Mississippi and Arkansas.
    2. The members of the authority shall not be compensated for services on the authority, but each member shall be entitled to actual and reasonable expenses incurred in attending meetings or incurred otherwise in the performance of his/her duties as a member of the authority.
    3. The members of the authority shall meet upon the call of the chairman and hold such other meetings as its business may require. Special meetings of the authority may be called by the chairman or upon written request of a majority of the members of the authority from each of the party states. The authority shall choose annually a chairman and vice chairman from its members, and the chairmanship shall rotate each year among the party states, in order of their acceptance of this compact.
    4. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe.
    5. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority.
    6. It shall be the duty of the authority, in general, to promote, encourage, and coordinate the efforts of the party states to secure the development of the Arkansas-Mississippi Great River Bridge at or near Rosedale, Mississippi and McGehee-Dumas, Arkansas. Toward this end, the authority shall have power to:
      1. Hold hearings;
      2. Conduct studies and surveys of all problems, benefits, and other matters associated with the construction of the Arkansas-Mississippi Great River Bridge, and to make reports thereon;
      3. Acquire by gift, grant or otherwise, from local, state, federal, or private sources, such money or property as may be provided for the proper performance of their function, and to hold and dispose of the same;
      4. Cooperate with other public or private groups, whether local, state, regional, or national, having an interest in the bridge construction;
      5. Formulate and execute plans and policies for emphasizing the purpose of this Compact before the Congress of the United States and other appropriate officers and agencies of the United States; and
      6. Negotiate with one or more railroads in the State of Mississippi and the State of Arkansas, and with the appropriate federal authorities for the construction of the Arkansas-Mississippi Great River Bridge as a combined highway-railroad bridge, with the cost of the railroad portion of the bridge to be provided from sources other than funds of the two party states, unless moneys to defray part or all of the cost of constructing such railroad portion of the bridge is appropriated by the legislatures of the party states. If necessary, the authority may enter into a contract with one or more railroads and/or the appropriate agencies of Congress to borrow funds for the construction of such railroad portion of the bridge, to be reimbursed, including all costs of principal, interest and other costs in connection with such indebtedness, by revenues derived from rental fees, grants, or other charges, with such indebtedness to be secured solely by a pledge of such revenues, and such indebtedness shall not be an obligation upon the revenues or the full faith and credit of the party states to this compact, unless laws authorizing such pledge are enacted by the party states;
      7. Exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the construction of the Arkansas-Mississippi Great River Bridge as a highway bridge or a combined highway-railroad bridge, and to carry out the purposes of this compact.
    1. The five (5) members to represent the State of Arkansas on the Arkansas-Mississippi Great River Bridge Construction Compact shall be the five (5) members serving on the State Highway Commission established pursuant to the provisions of Arkansas Constitution, Amendment 42, and members of the State Highway Commission shall serve on the compact authority during their respective terms as members of the State Highway Commission.
    2. Vacancies that occur in any member position on the authority from the State of Arkansas shall be filled by the successor member of the highway commission appointed to serve thereon, in the manner set forth in Arkansas Constitution, Amendment 42.
    1. There is granted to the members of the authority for the State of Arkansas, and to the compact administrator, all the powers provided for in the Arkansas-Mississippi Great River Bridge Construction Compact Authority.
    2. All officers of the State of Arkansas are authorized and directed to do all things falling within their respective jurisdictions, which are necessary or incidental to carrying out the purposes of the Arkansas-Mississippi Great River Bridge Construction Compact.
    1. When the Chairman of the State Highway Commission shall have executed the compact on behalf of this state and shall cause a verified copy thereof to be filed with the Secretary of State, and when the compact shall have been ratified by the State of Mississippi, then the compact shall become operative and effective as between the States of Arkansas and Mississippi.
    2. The Chairman of the State Highway Commission is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and the State of Mississippi with respect to ratifying the compact.
    1. The State Highway Commission is authorized and empowered to:
        1. Acquire by purchase or exercise of its powers of eminent domain sites and rights-of-way for, and construct, maintain, repair, and operate, turnpike projects at such locations as it shall determine in accordance with proper design and construction standards.
          1. Turnpike projects shall be constructed in accordance with applicable laws pertaining to competitive bidding, contracting, performance and payment bonds, and other matters applicable to similar highway construction by the commission.
          2. However, turnpike projects developed in cooperation with other states, agencies, or political subdivisions thereof or nonmember nonstock transportation corporations created under the laws of another state may be developed, operated, and maintained on the basis of contracts for the design, engineering, procurement and construction, and like arrangements for the integrated development of turnpike projects or pursuant to the basis for the development, operation, and maintenance of a turnpike project permitted under the laws of another state upon the commission's setting forth in a resolution its finding that any such arrangement is the preferable method for development of the turnpike project and the reasons for such finding;
      1. Apply for, receive, accept, and use any moneys and properties from agencies of the United States Government, from any state or other governmental agency or political subdivision, from any public or private corporation, agency, or organization of any nature, and from any individual or group of individuals;
      2. Establish accounts in one (1) or more banks and thereafter from time to time make deposits in and withdrawals from such accounts and otherwise invest or reinvest its money;
      3. Obtain the necessary funds for financing the objects specified in this subchapter, including without limitation the proceeds of the sale of revenue bonds as authorized in this subchapter;
      4. Fix, revise from time to time, charge, and collect tolls for transit over each turnpike project constructed;
      5. Establish rules for the use of each turnpike project;
      6. Employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and other employees and agents that may be necessary in its judgment;
      7. Enter into and implement any agreements or compacts with the United States or any state or any department or agency of the United States or of any state, or a political subdivision of any state, or any person concerning operation, revenues, or other matters pertaining to planning, financing, constructing, and operating turnpike projects leading from this state into another state or states and turnpike projects to be developed and operated jointly, whether by the commission, by another party to the agreement or compact, by an agency created pursuant to the agreement or compact, or by another person, whether or not leading from this state into another state or states; and
      8. Take such other action, not inconsistent with law, as may be necessary or desirable to carry out the powers conferred by this subchapter and to carry out the intent and purposes of this subchapter.
    2. Each turnpike project shall be separately designated by appropriate name or number and may be constructed, reconstructed, rehabilitated, or extended in sections and stages as the commission may from time to time determine.
    1. The State Highway Commission is authorized to fix, revise, charge, and collect tolls for the use of each turnpike project and the different parts or sections thereof and to contract with any person, partnership, association, corporation, or organization desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for the placing thereon telephone, telegraph, electric light or power lines, and other facilities or improvements, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for use.
    2. The tolls authorized by this subchapter shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas.
    1. Revenues derived from any turnpike project that are used to secure revenue bonds shall be deposited in a bank or banks selected by the State Highway Commission.
    2. The turnpike project revenues are declared to be cash funds, restricted in their use, and dedicated and to be used solely as authorized in this subchapter.
      1. The revenues shall be used for the following purposes subject to the order and priority provided in the trust indenture or the authorizing resolution:
        1. To pay the reasonable expenses of maintenance, repair, and operation of the turnpike project or projects involved;
        2. To pay as due the debt service on all revenue bonds to which revenues of the turnpike project or projects are pledged, including the original issue or issues, bonds issued for reconstruction and extension, and refunding bonds, as authorized in this subchapter;
        3. For the establishing or, once established, for maintaining any reserves as provided in the authorizing resolution or the trust indenture;
        4. For the redemption of bonds prior to maturity, if provision is made for redemption, all as shall be specified in detail in the trust indenture, and all indentures supplemental thereto, securing the bonds;
        5. To pay as due the debt service on turnpike projects other than the turnpike project from which derived; and
        6. For other lawful commission purposes.
      2. Any other revenue shall be transferred to the Treasurer of State, who shall transfer such revenue to the Arkansas Department of Transportation, there to be used for the maintenance, operation, and improvement required by the department in carrying out its functions, powers, and duties.
    3. Turnpike project revenues shall not be subject to the provisions in § 27-70-206.
    1. The State Highway Commission may issue turnpike revenue bonds from time to time in principal amounts sufficient to pay the costs of a turnpike project.
    2. For a turnpike project:
      1. There may be more than one (1) issue of bonds;
      2. There may be one (1) issue sold and delivered in series; and
      3. There may be a subsequent issue or subsequent issues of bonds for all or any of the following purposes:
        1. Completion of the construction of a turnpike project;
        2. Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues;
        3. The extension of a turnpike project; or
        4. The refund of any prior issues of bonds as provided under § 27-90-212.
    3. The issues under subdivision (b)(3) of this section are subject in each instance to such conditions concerning available and estimated turnpike project revenues and other conditions ensuring prompt payment of the debt service on subsequent bond issues as the commission shall determine and specify in its authorizing resolution or in the trust indenture securing the bonds.
    4. In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds.
    5. Turnpike revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this subchapter regarding registration.
    1. Turnpike revenue bonds shall be authorized by resolution of the State Highway Commission, the authorizing resolution.
    2. The bonds may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination.
    3. The bonds may:
      1. Be in such form and denominations;
      2. Have such date or dates;
      3. Mature at such time or times;
      4. Bear interest payable at such time or times and at such rate or rates, including variable rates;
      5. Be payable at such place or places within or without the State of Arkansas;
      6. Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and
      7. Contain such terms and provisions all as the commission may determine.
    4. The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable by the commission, including, without limitation:
      1. Those pertaining to the custody, investment, and application of bond proceeds;
      2. The maintenance and investment of various funds and reserves;
      3. The nature and extent of the security; and
      4. The rights, duties, and obligations of the commission and of the holders and registered owners of the bonds.
    5. Interest on the bonds may be payable currently or on a compound basis.
    6. The commission may enter into any contracts which it determines to be necessary or appropriate to achieve desirable effective interest rates on bonds and the mitigation of investment and interest rate risk by means of, but not limited to, contracts commonly known as investment and interest rate contracts, funding agreements, interest rate swap agreements, or contracts providing for payments based on levels of or changes in interest rates, or contracts.
    1. The authorizing resolution may provide for the execution by the State Highway Commission with a bank or trust company within or without the State of Arkansas of a trust indenture.
    2. The trust indenture may control the priority between and among successive issues and series and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation:
      1. Terms pertaining to the custody, application, and investment of the proceeds of bonds;
      2. The collection, disposition, and investment of turnpike project revenues;
      3. The maintenance and investment of various funds and reserves;
      4. The nature and extent of the security and the rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds; and
      5. The rights of the holders or registered owners of the bonds.
    1. Bonds issued under this subchapter may be sold at public or private sale, as determined by the State Highway Commission.
    2. If sold at public sale, the bonds shall be sold on electronic or sealed bids, and notice of the sale shall be published once in a newspaper published in the City of Little Rock and having a general circulation throughout the State of Arkansas at least twenty (20) days prior to the date of sale.
      1. In either case, the bonds may be sold at a price as the commission may accept, including sale at a premium or a discount.
      2. In no event shall any bid or price be accepted which results in an interest cost exceeding that permitted by law.
    1. Bonds shall be executed by the manual or facsimile signatures of the chair of the State Highway Commission and the secretary of the commission or otherwise as specified in the resolution authorizing the bonds.
    2. In case any of the officers or the secretary whose signatures appear on the bonds or coupons shall cease to be officers or the secretary before the delivery date of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes.
    1. It shall be plainly stated on the face of each bond that it has been issued under this subchapter, and the bonds issued shall be obligations only of the State Highway Commission and shall be special obligations, secured solely by pledges of turnpike project revenues or specifically designated federal grants.
    2. No member of the commission shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter, unless that member shall have acted with a corrupt intent.
      1. The principal of and interest on all bonds issued under this subchapter shall be secured by a pledge of, and shall be payable from turnpike project revenues.
      2. The pledge of revenues to the payment of the principal of and interest on the bonds shall be valid and binding from the time the pledge is made.
      3. The turnpike project revenues so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act.
      4. The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission, irrespective of whether such parties have notice thereof.
      5. Neither the authorizing resolution nor any trust indenture by which a pledge is created need be filed or recorded in any office or other place except in the records of the State Highway Commission.
      1. Principal and interest shall not be secured by a statutory or foreclosable mortgage lien on a turnpike project, any of the facilities of or in connection with a turnpike project, or any other facilities owned or operated by the commission.
      2. The term “facilities” includes all real and personal property owned or operated by the commission.
      1. Each resolution authorizing the issuance of bonds and each trust indenture executed and delivered to secure the bonds in this subchapter shall constitute a contract by and between the commission and the holders and registered owners of the bonds issued under the resolution or trust indenture.
      2. Any contract and all covenants, agreements, and obligations therein, including without limitation an obligation on the part of the commission to operate a turnpike project as a revenue-producing undertaking so long as any bonds are outstanding, to maintain the turnpike project, and to charge and collect turnpike project revenues in required amounts, all as specified in detail in the authorizing resolution, the trust indenture, and in this subchapter shall be promptly performed in accordance with the terms and provisions of the contract.
      3. The contract and all rights of the trustee and holders and registered owners of the bonds and the obligations of the commission may be enforced by mandamus or any other appropriate proceeding at law or in equity.
    1. Revenue bonds may be issued for the purpose of refunding any bonds issued under this subchapter.
    2. Refunding bonds may be combined into a single issue with revenue bonds issued for the purpose of completing, reconstructing, or extending the turnpike project.
    3. Refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
    4. If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement thereof, as shall be specified in the authorizing resolution or trust indenture securing the refunding bonds.
    5. The authorizing resolution and the trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority of lien on turnpike project revenues pledged for their payment as was enjoyed by the bonds refunded thereby.
    6. Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of revenue bonds.
    1. Revenue bonds issued under this subchapter are made securities in which all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.
    2. The bonds are made securities which may properly and legally be deposited with and received by any state, county, or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may be authorized by law.
    3. Any municipality or county, or any board, commission, or other authority established by any municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly may in its discretion invest any of its funds not immediately needed for its purposes in bonds issued under this subchapter.
    4. Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
    1. The principal of and interest on bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, and this exemption shall include income, inheritance, and estate taxes.
    2. All turnpike projects and all the properties thereof are legislatively determined and declared to be public properties used exclusively for public purposes. The legislative intent is that turnpike projects and all properties thereof shall be exempt from ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, § 5.
      1. This subchapter shall be construed liberally.
      2. All acts and activities authorized by this subchapter are legislatively determined and declared to be essential governmental functions.
    1. The State Highway Commission is empowered to take such action and do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this subchapter according to the import of this subchapter with the action taken by the commission or the things done or caused to be done by the commission pursuant to the provisions of this subchapter being determined and declared to be ministerial rather than legislative in nature.
    2. Nothing contained in this subchapter shall be construed to restrict the commission or the State of Arkansas in the issuance or incurrence of debt under other applicable laws.
    1. The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other matters relating to the operation, equipment, and numbering whenever any vessel shall be operated on the waters of this state or when any activity regulated by this subchapter shall take place on the waters of this state.
    2. Nothing in this subchapter shall be construed to:
      1. Prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to or are not in conflict with the provisions of this subchapter, amendments thereto, or rules issued thereunder;
      2. Grant the use or power to the Arkansas State Game and Fish Commission or to any person to authorize the use of any vessel on any waters of this state where the use of vessels shall be prohibited; or
      3. Permit the use of vessels on any municipally or privately owned city water supply in violation of the applicable laws, rules, or regulations that may have been or may be established for the protection of the public health in preserving the water supply for human consumption.
    1. Any person who violates any provision of §§ 27-101-202(8), 27-101-203, 27-101-301, 27-101-303 — 27-101-306, and 27-101-308 — 27-101-312 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred fifty dollars ($250) for each violation.
    2. Any person who violates any provision of §§ 27-101-202(2)-(6), (9), and (12), and 27-101-204 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed five hundred dollars ($500) for each violation.
    3. Any person who violates any provision of § 27-101-202(1), (7), and (10)-(12) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred fifty dollars ($250) and not to exceed one thousand dollars ($1,000) or imprisonment not to exceed six (6) months or both fine and imprisonment for each violation.
        1. It shall be the duty of every sheriff, deputy sheriff, state police officer, and enforcement officer of the Arkansas State Game and Fish Commission to enforce the provisions of this chapter, except that it shall be the duty of the Department of Health separately to enforce the provisions of § 27-101-401 et seq.
        2. Certified law enforcement officers of the Department of Parks, Heritage, and Tourism and municipal police officers may enforce the provisions of this chapter.
      1. In the exercise of their duty to enforce the provisions of this chapter, they shall have the authority to stop and board any vessel subject to this chapter and to investigate any accident or violation involving vessels subject to this chapter.
      2. Upon investigation, they may direct the operator of any vessel in violation of this chapter to return to the dock where the voyage originated or to the nearest dock if appropriate.
    1. Failure to follow the directive of a law enforcement officer as set forth in subsection (a) of this section shall constitute a separate offense in addition to any violations with which the operator may be charged.
    2. Any person who violates the provisions of this section shall be guilty of a misdemeanor and subject to a fine not to exceed two hundred fifty dollars ($250) or imprisonment not to exceed three (3) months, or both.
    1. The Arkansas State Game and Fish Commission shall cooperate with agencies of the federal government in establishing rules and regulations with reference to the operation of vessels on any waters of this state that are maintained or controlled by federal agencies. It is the intention of this subsection to encourage the establishment of adequate regulations on federally controlled waters for the promotion of safety in the operation of vessels.
    2. Any law enforcement office of a subdivision of this state may make, at any time, but only after public notice, formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, including, but not limited to, the establishment and marking of speed limits and no-wake zones and shall set forth therein the reasons which make the special rules or regulations necessary or appropriate.
      1. The commission shall consider the application and approve the special rules and regulations or disapprove them and state in writing the commission's reasons for disapproving them within ninety (90) days of their submission or the rules and regulations shall be considered properly adopted by ordinance or local law.
      2. However, nothing in this subchapter shall prevent the commission from making special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state where the local law enforcement office has not established a water patrol.
    1. A copy of the rules adopted pursuant to § 27-101-101 et seq., § 27-101-201 et seq., § 27-101-301 et seq., § 27-101-501 et seq., § 27-101-601 et seq., and the Arkansas Motorboat Registration and Titling Act, § 27-101-1001 et seq., and of any amendments of those rules shall be filed in the offices of the Arkansas State Game and Fish Commission, the Secretary of State, the Arkansas State Library of the Department of Education, and the Bureau of Legislative Research where each copy shall be preserved as a public record.
    2. A copy of the rules adopted under § 27-101-401 et seq. and of any amendments of those rules shall be filed in the offices of the Department of Health, the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research where each copy shall be preserved as a public record.
    3. Rules under this section shall be published by the responsible state agency in a convenient form for public use.
    1. All fines collected for violations of this chapter shall be remitted to the issuing law enforcement office to be used by that office for the administration and enforcement of this chapter.
    2. However, fines collected for violations of § 27-101-401 et seq. shall be remitted to the Department of Health for administration and enforcement of § 27-101-401 et seq.
    1. Except as otherwise provided in this chapter, all fees collected by the Secretary of the Department of Finance and Administration under this chapter shall be deposited as special revenues into the State Treasury to the credit of the Special Revenue Fund Account of the State Apportionment Fund.
    2. The fees collected under subsection (a) of this section shall be credited to the Boating Safety Account Fund, which is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
    1. On or before the fifth of the month next following the month during which the funds shall have been received by him or her, the Treasurer of State shall distribute the funds in the manner provided in this section:
      1. Three percent (3%) of the amount to the Constitutional Officers Fund and the State Central Services Fund to be used for defraying the necessary expenses of the state government; and
      2. Ninety-seven percent (97%) of the amount as follows:
        1. Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund;
        2. Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law;
        3. Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and
        4. Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program.
    2. Upon receipt of any fees, each county treasurer shall deposit them into the county treasury to the credit of the boating safety and enforcement fund, if the county sheriff of that county has established a patrol on the waterways within the county.
      1. In the event the county sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his or her county's share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county. After the treasurer receives the funds, he or she shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services.
      2. Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission.
    1. The Secretary of the Department of Finance and Administration may:
      1. Allow payment by credit card of any fees due under this chapter;
      2. Promulgate rules providing for payment by credit card of any fees authorized under this chapter; and
      3. Contract with credit card companies to pay fees normally charged by those companies for allowing the use of their credit cards as authorized by this section.
      1. The net proceeds received, or receivable, from credit card companies shall be prorated to the various funds for which they were collected and deposited into the State Treasury for transfer on the last business day of each month, in the same manner and to be used for the same purposes as all other fees collected upon the issuance or renewal of a motorboat registration with certificate of number and the issuance of a motorboat certificate of title.
      2. Any amounts deducted from the gross proceeds of motorboat registration with a certificate of number or titling fees paid by credit card, which are deducted for the purpose of paying credit card company fees, shall be cash funds not subject to appropriation and, if withheld by the secretary, shall be remitted by the secretary to credit card companies as required under contracts authorized by this section.
    1. The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require.
      1. The owner is not liable, however, unless the vessel is being used with his or her express or implied consent.
        1. The owner is not strictly liable to a renter, operator, or lessee for any injury or damage occasioned by the negligent operation of the vessel by the renter, operator, or lessee.
        2. The liability of the owner for injury or damage suffered by a renter, operator, or lessee shall be determined by comparing the fault of the owner and the fault of the renter, operator, or lessee in accordance with §§ 16-55-216 and 16-64-122.
    2. It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.
    3. This section does not:
      1. Relieve any other person from any liability that he or she would otherwise have; or
      2. Authorize or permit any recovery in excess of injury or damage actually incurred.
    4. This section does not apply to an outfitter as defined in § 27-101-902.
      1. Every vessel shall have aboard:
        1. One (1) United States Coast Guard-approved wearable personal flotation device that is:
          1. Used according to its approved conditions;
          2. In good and serviceable condition; and
          3. Of proper size for each person on board;
        2. A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board;
        3. A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has:
          1. Permanently installed fuel tanks;
          2. Closed compartments under a thwart and seat where portable fuel tanks may be stored;
          3. A double-bottom not sealed to the hull or not completely filled with flotation material;
          4. Enclosed living spaces; or
          5. Closed stowage compartments where combustible or flammable materials may be stowed;
        4. If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person;
        5. Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and
        6. In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device.
      2. Each person being towed in a water sport activity must wear or have securely upon his or her body a life preserver or buoyant vest of the types described in subdivision (a)(1)(A) of this section in good and serviceable condition at all times while engaging in the water sport activity.
      3. In addition, all occupants of personal watercraft must wear a personal flotation device of the types described above while aboard the vessel.
      4. Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices of the types described above securely fastened to their persons at all times while aboard any vessel, unless such occupants are within the enclosed area of a houseboat or cruiser, unless underway, or within the area enclosed by railings on a party barge, cruiser, or houseboat, unless underway.
      5. In addition, the requirements of subdivisions (a)(1)(A) and (F) of this section and subdivisions (a)(2)-(4) of this section shall not be applicable to organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions, or to persons participating in those activities or exhibitions.
      6. When in operation during hours of darkness on waters under the jurisdiction of the United States, a motorboat's lighting shall be in accordance with the following specifications:
        1. Class A and Class 1 under twenty-six feet (26') — combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass;
        2. Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') — twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and
        3. Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules.
      7. When in operation during hours of darkness on state-controlled waters, a motorboat's lighting shall be sufficient to make the motorboat's presence and location known to any and all other vessels within a reasonable distance.
    1. No person shall operate or give permission for the operation of a motorboat which is not equipped as required by subsection (a) of this section or a modification thereof.
    2. The use of dry stack headers or pipes extending directly from the engine of a motorboat which does not have any type of muffler is prohibited except for motorboats competing in a sanctioned regatta or boat race and for those motorboats while on trial runs during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for those motorboats while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following the regatta or race and only on the body of water where the regatta or boat race is being held.
    3. No vessel used on the waters of this state shall be equipped with a siren, except vessels used by law enforcement officers.
        1. No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel.
        2. However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device.
      1. As used in this subsection, “lanyard-type engine cutoff switch” means an emergency engine or motor shut-off switch that attaches by a lanyard to the person operating the motorboat and that is constructed and installed in a manner so that when in use, the switch will immediately shut off the boat's engine or motor if the operator falls overboard or is removed from the normal operating station of the boat.
      2. This subsection does not apply to flat-bottomed boats operated on the tailwaters of a trout fishery nor to flat-bottomed boats operated for duck hunting purposes during duck season.
    1. The owner of a boat livery shall cause to be kept a record of:
      1. The name and address of the person or persons hiring any vessel;
      2. The registration number of the vessel if the vessel is designed or permitted to be operated as a motorboat;
      3. The departure date and time;
      4. The expected time of return; and
      5. The number of persons to be on board the vessel.
    2. The record shall be preserved for at least six (6) months.
    3. Neither the owner of a boat livery nor his or her agent or employee shall permit a vessel owned or permitted by him or her to depart from his or her premises unless the boat livery has provided the vessel with the equipment required under § 27-101-203(a) and any rules made under that section.
    1. It shall be the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty assistance that may be practicable and that may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
    2. In the case of collision, accident, or other casualty involving a vessel, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of two thousand dollars ($2,000) or the disappearance of a person from a vessel under circumstances that indicate death or injury, the Arkansas State Game and Fish Commission or local sheriff's department having an established water patrol shall be immediately notified in order for an investigation to be conducted. In addition, the operator of the vessel shall submit a United States Department of Homeland Security, United States Coast Guard Form CG-3865 to the Arkansas State Game and Fish Commission Boating Safety Office within ten (10) working days.
    3. A law enforcement officer shall request and a person shall submit to a chemical test of the person's blood, breath, saliva, or urine as required by § 5-65-208, even if the person is fatally injured, for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if:
      1. The person is operating a vessel and is involved in a collision, accident, or other casualty resulting in loss of human life or when there is reason to believe death may result; or
      2. The law enforcement officer has reasonable cause to believe that the person was operating a vessel while:
        1. Intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana; or
        2. Under any physical or mental disability so as to be incapable of operating the vessel safely under the prevailing circumstances.
    4. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to this section shall be transmitted to that official or agency of the United States.
    5. Any law enforcement agency in the State of Arkansas investigating a boating accident will forward a copy of the completed accident report to the office within thirty (30) days of the accident.
      1. It shall be unlawful for any person involved in a boating accident to purposely leave the scene of the accident without complying with the requirements in subsections (a) and (b) of this section.
      2. Violation of this subsection shall be punishable with a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
      3. In the event the accident resulted in grave personal injury or death, violations of this section shall be a Class D felony and upon conviction punished accordingly.
        1. It shall be unlawful for the owner of a motorboat of more than fifty horsepower (50 hp) or a personal watercraft to allow the operation of the motorboat or personal watercraft unless it is covered by a liability insurance policy that has been issued by an insurance company.
        2. The insurance policy must provide at least fifty thousand dollars ($50,000) of liability coverage per occurrence.
      1. This section does not apply to a motorboat or personal watercraft owned by the United States, a state government, or any political subdivision thereof.
        1. If the motorboat or personal watercraft is involved in an accident, failure to present proof of insurance coverage required by subdivision (a)(1) of this section creates a rebuttable presumption that the motorboat or the personal watercraft is uninsured.
          1. For purposes of this section, “proof of insurance” shall consist of a policy declaration page or other documentation, or a copy of a policy declaration page or other documentation in an acceptable electronic format, that reflects the motorboat or personal watercraft coverage furnished to the insured by the insurance company and can be conveniently carried in the motorboat or personal watercraft.
          2. Insurance companies shall not be required to provide proof of insurance that may be conveniently carried as required in subdivision (b)(1)(B)(i) of this section if the insurance coverage is provided as part of a homeowner's insurance policy.
          3. As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all the information in the policy declaration or other documentation as clearly as the paper policy declaration or other documentation.
          4. The presentment of proof of insurance in an acceptable electronic format does not:
            1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
            2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
      1. Upon a showing that liability coverage required by this section was in effect at the time of arrest, the judge may dismiss the charge imposed under this section and the penalties shall not be imposed.
      1. However, if the operator of the motorboat or personal watercraft is involved in an accident on the waters of this state and the motorboat or personal watercraft was not insured as required by this section, the owner of the motorboat or personal watercraft shall be deemed guilty of a Class A misdemeanor.
        1. For a first violation of subsection (a) of this section, the penalty shall be a mandatory fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250).
        2. For a second offense, the penalty shall be a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), and the minimum fine shall be mandatory.
        3. For a third or subsequent offense, the penalty shall be a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or a sentence of up to one (1) year in jail, or both.
    1. All fines collected under this section shall be deposited as special revenues into the State Treasury and credited to the Boating Safety Account Fund and then distributed by the Treasurer of State to the Game Protection Fund to be used by the Arkansas State Game and Fish Commission for the purpose of establishing, maintaining, and operating a program of boater training and boater safety throughout the state.
    1. The Arkansas State Game and Fish Commission shall establish a system of identification numbering for all motorboats used in this state pursuant to this subchapter.
    2. In the event that an agency of the United States Government shall have in force an overall system of identification numbering for motorboats within the United States, the numbering system employed pursuant to this subchapter by the commission shall be in conformity therewith.
    3. The commission shall assign to each county in this state a block of identification numbers for motorboats registered in each county.
    4. The identification numbers shall be assigned to each county in the state, and it shall be the duty of the Secretary of the Department of Finance and Administration to issue the identification numbers to the owners of motorboats in accordance with the provisions of subchapters 1-3 of this chapter.
    1. The owner of each motorboat for which numbering is required by this state shall file an application for a number within thirty (30) calendar days after the date of purchase with the Secretary of the Department of Finance and Administration on forms approved by the Arkansas State Game and Fish Commission.
    2. The application shall be signed by the owner of the motorboat and accompanied by a fee as provided in § 27-101-306, verification of the hull identification number, proof the motorboat is listed for assessment, proof of payment of required personal property taxes, and proof of insurance establishing that the motorboat, if it is equipped with more than fifty horsepower (50 hp), or a personal watercraft, is covered by a liability insurance policy issued by an insurance company authorized to do business in this state.
      1. On and after January 1, 2017, the Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number relating to a motorboat imported or manufactured on or after November 1, 1972, until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
      2. Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number.
    3. Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (c) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
      1. Assign a primary hull identification number; and
      2. Verify that the owner permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
      1. The secretary shall enter upon the records of his or her office an application for issuance of a certificate of number upon receipt of:
        1. An application submitted in approved form;
        2. Proof that the motorboat has been assessed or listed for assessment;
        3. Proof that personal property taxes have been paid; and
        4. Proof of coverage by a liability insurance policy issued by an insurance company authorized to do business in this state if the motorboat is equipped with more than fifty horsepower (50 hp) or is a personal watercraft.
        1. Upon approval by the secretary of the application and supporting documents required under subdivision (e)(1) of this section, the secretary shall issue to the applicant a certificate of number stating:
          1. The identifying number assigned to the motorboat;
          2. The name and address of the owner; and
          3. A description of the motorboat, including when available the make, model, year, and hull identification number of the motorboat.
        2. The certificate of number shall be of a type that prevents as nearly as possible alteration, counterfeiting, duplication, or simulation without ready detection.
        1. For the purposes of this section, “proof of insurance” shall consist of a policy declaration page or other documentation, or a copy of a policy declaration page or other documentation in an acceptable electronic format, that reflects the motorboat or personal watercraft coverage furnished to the insured by the insurance company which can be conveniently carried in the motorboat or personal watercraft.
        2. Insurance companies shall not be required to provide proof of insurance that may be conveniently carried as required in subdivision (e)(3)(A) of this section if the insurance coverage is provided as part of a homeowner's insurance policy.
        3. As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information in the policy declaration or other documentation as clearly as the paper policy declaration or other documentation.
        4. The presentment of proof of insurance in an acceptable electronic format does not:
          1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
          2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
      1. The certificate of number shall be issued and furnished to the owner of the motorboat and upon receipt the owner shall sign in the signature space provided on the certificate of number.
      2. A copy shall be retained as a record by the secretary.
      3. A copy shall be furnished to the commission to be retained for a period of five (5) years.
      1. The certificate of number shall be pocket-sized and shall be available at all times for inspection on the motorboat for which it is issued whenever the motorboat is in operation.
        1. If a certificate of number is lost, mutilated, or becomes illegible, the owner of the motorboat for which the certificate was issued shall immediately apply for and may obtain a duplicate or a replacement certificate upon the applicant's furnishing information satisfactory to the department.
        2. The application for a duplicate or replacement certificate of number to replace the original certificate of number shall be accompanied by a fee of one dollar ($1.00).
    4. In the event that an agency of the United States Government shall have in force in the United States an overall system of identification numbering for boats covered by this chapter, then the numbering system required by this subchapter and the commission shall be in conformity therewith.
      1. The owner shall procure and attach to each side of the bow of the motorboat numbers conforming to the certificate of number issued to the owner by the Secretary of the Department of Finance and Administration.
      2. The numbers to be procured and attached shall be at least three inches (3") in height and of block character, and shall be attached to the forward half of each side of the vessel and clearly visible, pursuant to federal law, and attached in such a manner and position on the boat as may be prescribed by the rules of the Arkansas State Game and Fish Commission in order that they may be clearly visible.
    1. The numbers shall be maintained in legible condition.
    2. No number other than the number awarded to a motorboat or granted reciprocity provided for in § 27-101-302(1) shall be painted, attached, or otherwise displayed on either side of the bow of the motorboat.
    1. The certificates of numbers issued pursuant to subchapters 1-3 of this chapter may be for a period of three (3) years.
    2. The Secretary of the Department of Finance and Administration shall establish a system in a manner that the expiration dates of the various certificates of numbers will be evenly distributed throughout the year and each year thereafter to the end that boat certificates of numbers will be renewable as uniformly as practicable throughout each of the twelve (12) months of the license year in each year.
    3. Upon request, the secretary shall assign to any owner of two (2) or more boats the same registration period.
      1. A fee based on the length of the motorboat as set forth in this subsection shall be charged for the issuance of a certificate of number and for each renewal of each certificate of number.
      2. The fee to be collected for certificates shall be as follows:
    4. Notice shall be given to the Arkansas State Game and Fish Commission of each certificate of number renewed and of the transfer of any certificate of number.
    5. Every certificate of number awarded pursuant to this subchapter shall continue in full force and effect until the expiration of each numbering period unless sooner terminated or discontinued in accordance with the provisions of this subchapter.
    6. Certificates of number may be renewed by the owner in the same manner as is provided in this section for initially securing the certificate and upon:
      1. Payment of all fees required in this chapter;
      2. If applicable, proof the motorboat or personal watercraft is covered by a liability insurance policy issued by an insurance company authorized to do business in this state;
      3. Proof the motorboat is listed for assessment; and
      4. Proof of payment of required personal property taxes.
    7. Unless a certificate of number is renewed on or before the fifteenth day following the expiration thereof, it shall lapse and shall no longer be of any force and effect unless renewed in the manner prescribed in this subchapter.
    1. The owner of a motorboat already covered by a number in full force and effect which has been awarded to it pursuant to then-operative federal law or federally approved numbering system of another state shall record the number prior to operating the motorboat on the waters of this state in excess of the ninety-day reciprocity period provided for in § 27-101-302(1).
    2. The recordation shall be in the manner and pursuant to the procedure required for the award of a number under § 27-101-304, except that no additional or substitute number shall be issued.
    1. Should the ownership of a motorboat change, the new owner shall file an application with the Secretary of the Department of Finance and Administration for the transfer of the certificate of operation of the motorboat to the new owner within thirty (30) calendar days after the date of the ownership change.
    2. Upon receipt of the application, the secretary shall cancel the certificate of number issued to the former owner of the motorboat and shall assign the number to the new owner of the motorboat and shall issue a certificate of number to the new owner.
    3. The application procedure and fees under § 27-101-304 shall apply.
    1. Whenever any motorboat numbered under the provisions of this subchapter shall be destroyed or abandoned, its owner shall notify the Secretary of the Department of Finance and Administration within fifteen (15) days after the destruction or abandonment, and the certificate of number of the motorboat shall be terminated.
    2. The secretary shall notify the Arkansas State Game and Fish Commission of the termination of any certificate of number.
    1. As used in this section:
        1. “Beneficiary” means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter.
        2. “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally-created entity;
      1. “Certificate of number with beneficiary” means a certificate issued for a motorboat under this chapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section;
      2. “Motorboat” means a boat registered and numbered under this chapter; and
        1. “Owner” means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons.
        2. “Owner” does not include a business, firm, partnership, corporation, association, or any other legally-created entity.
    2. If the owner or joint owners want to transfer a motorboat upon death by operation of law, the owner or joint owners may request that the Revenue Division of the Department of Finance and Administration issue a certificate of number with beneficiary that includes a directive to the division to transfer the certificate of number upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of number with beneficiary.
      1. To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary.
      2. The owner shall provide the following information in the application:
        1. Whether the applicant seeks to add, remove, or change a beneficiary;
        2. The full legal name of the beneficiary;
        3. The Social Security number of the beneficiary;
        4. The address of the beneficiary;
        5. The identification number of the motorboat;
        6. The year, make, model, and length of the motorboat;
        7. The printed full legal name of the owner of the motorboat;
        8. The Arkansas driver's license or identification card number for the owner of the motorboat; and
        9. The signature of the owner of the motorboat.
      3. The owner shall include the following with the application:
        1. The certificate of number for the motorboat issued under this chapter;
        2. The certificate of number application fee as provided under § 27-101-306; and
        3. The certificate of number with beneficiary application fee of ten dollars ($10.00).
        1. The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division.
        2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
        3. The fee shall not be considered or credited to the division as direct revenue.
    3. The division shall not issue a certificate of number with beneficiary to an owner of a motorboat if the owner holds his or her interest in the motorboat as a tenant in common with another person.
    4. The certificate of number with beneficiary issued by the division shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
    5. During the lifetime of the sole owner or before the death of the last surviving joint owner:
      1. The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of number with beneficiary has been issued; and
      2. The certificate of number with beneficiary is revoked by:
        1. Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or
        2. Filing an application with the division to remove or change a beneficiary as provided under subsection (c) of this section.
    6. Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of number with beneficiary shall not be changed or revoked:
      1. By will or any other instrument;
      2. Because of a change in circumstances; or
      3. In any other manner.
    7. The interest of the beneficiary in a motorboat on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject during his or her lifetime.
        1. Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, to the beneficiary if the surviving owner or beneficiary presents the following:
          1. Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
          2. Surrender of the outstanding certificate of number with beneficiary; and
          3. Application and payment of the certificate of number fee for the motorboat.
        2. A certificate of number issued under this subsection will be subject to any existing security interest.
      1. If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of number with beneficiary application as provided under this section, along with the ten dollar ($10.00) processing fee, at the time of the application for a new certificate under this subsection.
    8. The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28.
    9. The procedures and fees under § 27-101-304(g)(2) shall apply for obtaining a duplicate certificate with beneficiary.
    10. The division may promulgate rules for the administration of this section.
      1. Upon receipt of a certificate of number issued under § 27-101-304, the owner of the motorboat shall write his or her signature on the certificate of number in the space provided.
        1. A certificate of number shall be carried:
          1. In the motorboat to which it refers; or
          2. On the person of the driver or the person in control of the motorboat.
        2. The certificate of number shall be displayed upon request of a law enforcement officer, any officer of the Arkansas State Game and Fish Commission, or any officer or employee of the Office of Motor Vehicle.
      2. A person charged with violating this section shall not be convicted if he or she produces in court a certificate of number for the motorboat that was issued prior to, and in effect at, the time of the arrest.
    1. For purposes of this section, the original or duplicate certificate of number is required and a photocopy of the certificate of number shall not be sufficient.
    2. This section does not apply when a certificate of number is used to apply for renewal of a certificate of number.
    1. There is established a Marine Sanitation Advisory Committee, to consist of seven (7) members appointed by the Governor as follows:
      1. Four (4) members shall be marina operators;
      2. Two (2) members from the state at large to be appointed by the Governor after consulting with the Secretary of the Department of Health and the Director of the Division of Environmental Quality; and
      3. One (1) member shall be a boat owner.
      1. The two (2) members appointed pursuant to subdivision (a)(2) of this section shall serve at the pleasure of the Governor.
      2. Of the initial members appointed under subdivisions (a)(1) and (a)(3) of this section, two (2) shall be appointed for one-year terms, two (2) for two-year terms, and two (2) for three-year terms.
      3. Members shall serve three-year terms except that persons appointed to fill vacancies resulting in an unexpired term shall serve for the remainder of that unexpired term.
    2. Upon recommendation of the advisory committee made after notice and hearing, the Governor may remove any member of the advisory committee for incompetence, neglect of duty, or malfeasance in office.
    3. Any vacancy on the advisory committee shall be filled by the Governor.
      1. The Governor shall call the first advisory committee meeting.
        1. The advisory committee shall elect annually from its membership a chair, a vice chair, and a secretary.
        2. The chair shall not serve more than two (2) consecutive terms as chair.
      2. The advisory committee shall meet as frequently as it deems necessary at such times and places as the advisory committee designates. Additional meetings may be held upon the call of the chair or upon written request of three (3) members of the advisory committee.
    4. Four (4) members of the advisory committee shall constitute a quorum.
    5. The members of the advisory committee shall not be entitled to compensation for their services.
    6. Members appointed under subdivision (a)(2) of this section shall be appointed by the Governor subject to confirmation by the Senate.
    1. Owners and operators of commercial boating facilities, docks, and marinas shall cooperate with all applicable state and federal agencies and the Marine Sanitation Advisory Committee to ensure that the disposal of marine sewage is consistent with state and federal law.
    2. When accepting new boat arrivals, owners and operators of commercial boating facilities, docks, and marinas shall inform vessel owners and operators of the requirements of state and federal law regarding the proper disposal of marine sewage.
    1. All fees and fines levied and collected under the provisions of this subchapter are declared to be special revenues and shall be deposited in the State Treasury to be credited to the Marine Sanitation Fund to be used only for the administration of this subchapter.
    2. Subject to rules that may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health is authorized to transfer all unexpended funds relative to marine toilets and marine sanitation systems that pertain to fees or fines collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year.
    1. Review all rules and regulations relating to marine toilets, marine sanitation systems, and disposal of marine sewage from boats as necessary to inform marina operators and boat owners of all requirements of state and federal law;
    2. Establish a marine sanitation minigrant program for the purpose of providing grants to marinas to purchase additional marine equipment to assist with the proper disposal of marine sewage; and
    3. Encourage research in regard to technological developments in the discharge of marine sewage.
      1. Except to the extent permitted by federal law and in order to protect the health and safety of persons using the waters of this state, it is unlawful for any person to operate or use a vessel capable of discharging untreated sewage from a vessel into the waters of this state.
      2. Raw sewage shall not be discharged from any vessel into waters of this state.
      1. On waters of this state, vessels that have toilet facilities permanently installed shall be equipped with a United States Coast Guard-certified Marine Sanitation Device designed to receive, retain, treat, or discharge sewage in accordance with applicable federal requirements.
      2. This section applies only to vessels equipped with permanently installed toilet facilities and does not require the installation of this type of facility in vessels not already so equipped.
      3. The use of portable toilets that can be emptied ashore in regular sewage treatment systems is entirely within the spirit and letter of this section and is encouraged.
      1. All waste from Type III Marine Sanitation Devices shall be disposed in approved sewage pumpout facilities.
      2. All waste from portable toilets shall be disposed in approved waste reception or sewage pumpout facilities.
      1. Except to the extent permitted by federal law, it shall be unlawful for any person to discharge any treated or untreated sewage into any waters of this state lawfully designated as “no discharge”.
      2. A “no discharge” designation shall be based on the criteria established by the United States Environmental Protection Agency for determining no discharge waters regarding marine sanitation devices and shall include federal impoundments owned or managed by the United States Army Corps of Engineers.
      3. Any such discharge of sewage from a vessel shall be prima facie evidence that the discharge was done by the operator, or owner if the operator cannot be determined, of the vessel.
      4. A “no discharge” Type III Marine Sanitation Device or a Type I or II Marine Sanitation Device secured against discharge is required in vessels operated on no discharge waters.
      5. A vessel equipped with a flow-through Type I or II Marine Sanitation Device that has been secured by a locked shut-off valve, broken line, or blanked-off hull opening to prevent overboard discharge shall be considered equipped with a “no discharge” type Marine Sanitation Device.
    1. For purposes of this section, “sewage pumpout facility” means equipment designed to receive the discharge of sewage from a marine sanitation device and allow the disposal of the sewage in a manner that prevents the sewage from entering the waters of this state.
    2. By July 1, 2004, any person owning or operating a commercial boating facility, dock, or marina that stores or houses vessels equipped with toilet facilities and marine sanitation devices shall provide access to sewage pumpout facilities.
    3. To provide access to sewage pumpout facilities, a commercial boating facility, dock, or marina owner or operator may, as an illustration of and not as a limit on the options available to the owner or operator:
      1. Build and operate pumpout facilities;
      2. Contract with another boating facility, dock, or marina with pumpout facilities if the contracting boating facility, dock, or marina is not more than eight (8) water miles away and is accessible in a way that does not require vessels to be trailered; and
      3. Contract with a person licensed by the State of Arkansas to provide pumpout facility service if the service is available during normal business hours, including holidays, and if the service can be provided within a reasonable time upon request by a vessel owner or operator.
    1. Any person who violates any provision of this subchapter or any rule promulgated under this subchapter shall be guilty of a misdemeanor and subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) or imprisonment not to exceed three (3) months, or both.
      1. Any person who violates any provision of this subchapter or any rule promulgated under this subchapter may be assessed an administrative civil penalty not to exceed one thousand dollars ($1,000) per violation.
      2. The owner and operator of any vessel shall be jointly and severally liable for the civil penalty imposed under this section.
    2. All fines and penalties imposed and collected under this section shall be deposited in the Marine Sanitation Fund and shall be used to:
      1. Implement, administer, and enforce this subchapter;
      2. Construct, renovate, or operate sewage pumpout and waste reception facilities; and
      3. Conduct education programs to inform vessel owners and operators about the problem of human body waste discharges from vessels and inform them of the locations of sewage pumpout and waste reception facilities.
    1. The General Assembly finds and determines that:
      1. The regulation of boating and boaters in the state is the primary responsibility of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35;
      2. Most boating accidents in the state are due primarily to the lack of training or the improper training of boaters;
      3. The establishment of a boater training and safety program in this state would greatly improve and facilitate boater safety in this state; and
      4. It is the purpose and intent of this section to authorize the commission to establish and operate a boater safety and training program in this state.
      1. The commission is authorized and encouraged to establish, maintain, and operate a program of boater training and boater safety in this state.
      2. The program shall include without limitation:
          1. A course of instruction designed to teach the safe and proper handling of motorboats, personal watercraft, and any other related matters determined appropriate by the commission.
          2. The course of instruction under subdivision (b)(2)(A)(i) of this section may be administered through an online study course approved by the commission; and
          1. An online or written examination that shows the applicant's ability to have common knowledge to exercise ordinary and reasonable control in the operation of a motorboat and a personal watercraft.
          2. The examination shall be administered in person at a time and place designated by the commission.
      3. The course of instruction may be offered in cooperation with schools, private clubs, and organizations and may be offered by the commission in areas where requested and where other sponsorship is unavailable.
      4. The commission shall also prepare and disseminate information on water safety to the public, including informational pamphlets, which shall be made available at popular tourist locations.
    2. The commission may adopt and enforce rules and regulations it shall deem appropriate and necessary to properly carry out the purposes and intent of this section.
      1. In order to operate a motorboat or a personal watercraft in Arkansas, a person born on or after January 1, 1986, and of legal age to operate a motorboat or personal watercraft shall have successfully completed a commission-approved safe boating course and examination under subdivision (b)(2) of this section to obtain a boater education certificate.
      2. The commission shall issue boating education certificates and furnish a copy of the state laws pertaining to the operation of a motorboat or personal watercraft or informational material based on these laws to persons successfully completing an approved safe boating course and examination.
      3. Valid boating education certificates issued by other states to nonresidents shall be honored by this state if the boating education course is approved by the National Association of State Boating Law Administrators.
    1. As used in this section, “acceptable electronic format” means an electronic image produced on the person's own cellular phone or other type of portable electronic device that displays all of the information on the boater education certificate as clearly as the paper boater education certificate.
    2. When any law, rule, or regulation of this state requires a person to carry and display upon request a boater education certificate, an electronic copy of the boater education certificate in an acceptable electronic format is sufficient to establish compliance.
    3. The presentment of proof of a boater education certificate in an acceptable electronic format does not:
      1. Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
      2. Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
      1. No person shall operate a personal watercraft unless each person aboard is wearing a United States Coast Guard-approved personal flotation device to be used in accordance with the label on the personal flotation device.
      2. Provided, no person aboard a personal watercraft shall use an inflatable personal flotation device to meet the personal flotation device requirement of this subsection.
    1. A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel.
    2. No person shall operate a personal watercraft at any time between thirty (30) minutes after sunset and thirty (30) minutes before sunrise.
    3. No person under sixteen (16) years of age shall operate a personal watercraft on the waters of this state, except:
      1. A person at least twelve (12) years of age may operate a personal watercraft if a person at least eighteen (18) years of age is aboard the vessel who:
        1. Was born before January 1, 1986, or has a valid boater education certificate; and
        2. Is in a position to take immediate control of the vessel; or
      2. A person under twelve (12) years of age may operate a personal watercraft if a person at least twenty-one (21) years of age is aboard the vessel who:
        1. Was born before January 1, 1986, or has a valid boater education certificate; and
        2. Is in a position to take immediate control of the vessel.
      1. Every personal watercraft shall at all times be operated in a reasonable and prudent manner. No person shall operate a personal watercraft in an unsafe or reckless manner.
      2. Unsafe personal watercraft operation shall include but not be limited to the following:
        1. Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet (100') of the vessel creating the wake;
        2. Weaving through congested traffic;
        3. Operating at greater than slow no-wake speed within one hundred feet (100') of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfer, person engaged in angling, or any manually propelled vessel; and
          1. Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft.
          2. For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions.
    4. No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this subchapter.
    1. No person shall operate a personal watercraft towing another person on water skis or other device unless the personal watercraft has on board, in addition to the operator, an observer who shall monitor the progress of the person being towed.
    2. No person shall operate a personal watercraft towing another person on water skis or other device unless the total number of persons operating, observing, and being towed does not exceed the specified number of passengers as identified by the manufacturer as the maximum safe load for the vessel.
    1. A personal watercraft livery shall carry liability insurance in an amount of not less than five hundred thousand dollars ($500,000).
    2. Operators of rental personal watercraft shall be required by livery operators to view a personal watercraft instructional video approved by the Arkansas State Game and Fish Commission Boating Safety Office.
    3. A personal watercraft livery shall provide for the operator of rental personal watercraft in print prior to rental the boating regulations and rules peculiar to the area of rental, including, but not limited to, no-entry zones, no-wake zones, channel routes and water hazards, and tidal flow, where applicable.
    4. A personal watercraft livery shall provide the operators of rental personal watercraft with all equipment required under state law.
    5. A personal watercraft livery may not enter into a lease for rental agreement for a personal watercraft with any person under eighteen (18) years of age.
    1. The provisions of § 27-101-602 shall not apply to a person participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition.
    2. Law enforcement officers and emergency response personnel engaged in the performance of their duties shall be exempt from the provisions of this subchapter.
    3. The provisions of § 27-101-604(d) shall not apply to the State of Arkansas, including state agencies, boards, and commissions, nor its political subdivisions such as counties and municipalities. However, the remaining provisions of this subchapter, including § 27-101-604(a)-(c), shall apply.
    1. It is unlawful for a person to knowingly buy, receive, dispose of, sell, offer for sale, or have in his or her possession boating equipment on which the boat identification number has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the boating equipment.
      1. A person who pleads guilty or nolo contendere to or is found guilty of a violation under subsection (a) of this section is guilty of a Class A misdemeanor.
      2. A person who pleads guilty or nolo contendere to or is found guilty of a second or subsequent offense under this section is guilty of a Class D felony.
    1. It is unlawful for a person with fraudulent intent to deface, destroy, or alter the boating identification number or to place a boating identification number on boating equipment that was not assigned by the manufacturer or the Boating Law Administrator of the Arkansas State Game and Fish Commission.
    2. A person who pleads guilty or nolo contendere to or is found guilty of a violation under subsection (a) of this section is guilty of a Class C felony.
    1. It shall be unlawful for a person or other entity to have in his, her, or its possession boating equipment with a boating identification number that has been mutilated to the extent that it cannot be read.
    2. If a piece of boating equipment has been stolen and recovered with a mutilated boating identification number, then a court of competent jurisdiction shall:
      1. Authorize the rightful owner of the boating equipment to continue the use of the equipment; and
      2. Direct the owner of the boating equipment to have the original boating identification number replaced or restenciled on the piece of boating equipment.
    3. A person who pleads guilty or nolo contendere to or is found guilty of a violation under subsection (a) of this section is guilty of a Class D felony.
    1. Each boat dock and marina in the state that is not located on a federal impoundment owned or managed by the United States Army Corps of Engineers shall have signage that warns of electric shock hazards in the waters surrounding the boat dock or marina and the risk of swimming in the area as provided under this section.
    2. The signage under this section shall be placed to give adequate notice to persons using the boat dock or marina or swimming near the boat dock or marina of the electric shock hazard risks of the waters around the boat dock or marina.
    3. The signage shall state:
      1. “ELECTRIC SHOCK HAZARD RISK: SWIM AT YOUR OWN RISK” on one (1) sign; or
      2. “WARNING: ELECTRIC SHOCK HAZARD” on one (1) sign and have another sign attached that states “SWIM AT YOUR OWN RISK”.
    1. Except as provided in subsection (c) of this section:
        1. A participant assumes the inherent risk of a paddlesport activity by engaging in the paddlesport activity.
        2. A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from an outfitter for the injury, loss, damage, or death of the participant resulting from any of the inherent risk of a paddlesport activity; and
      1. An outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of paddlesport activities.
    2. This section does not apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq.
    3. This section does not prevent or limit the liability of an outfitter or its agent that:
      1. Intentionally injures a participant;
      2. Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant;
      3. Provides unsafe equipment or watercraft to a participant and knew or should have known that the equipment or watercraft was unsafe to the extent that it could cause an injury;
      4. Fails to provide a participant with the equipment required by § 27-101-203(a);
      5. Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or
      6. Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death.
    4. The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.
    1. This subchapter shall be known and may be cited as the “Arkansas Motorboat Registration and Titling Act”.
    2. The purpose of this subchapter is to establish the requirements and procedures for registering with a certificate of number and titling motorboats manufactured on and after January 1, 2020.
    1. Chapters 1-99 of Title 27 do not apply to motorboats registered with a certificate of number and titled under this Subtitle 7.
    2. This subchapter shall apply only to motorboats manufactured on and after January 1, 2020.
    3. Title 27, Chapter 101, Subchapters 1-7, apply to all motorboats regardless of the date the motorboat was manufactured.
      1. All motorboats, regardless of when the motorboat was manufactured, are subject to the requirements of § 27-101-301 et seq.
      2. However, a motorboat manufactured prior to January 1, 2020, is not eligible for issuance of a certificate of title under this subchapter.
    4. This subchapter shall not apply to:
      1. A motorboat issued a certificate of number under federal law or a federally approved numbering system of another state, provided that the motorboat has not been within this state for more than sixty (60) days;
      2. Motorboats from a country other than the United States temporarily using the waters of this state;
      3. Motorboats whose owner is the United States Government, a state, or a subdivision of a state;
      4. Ship lifeboats; or
      5. Homemade motorboats.
    1. The owner of a motorboat manufactured on and after January 1, 2020, shall apply to the Office of Motor Vehicle for the issuance of a certificate of title or a certificate of title with beneficiary under § 27-101-1013, for the motorboat upon the appropriate forms furnished by the office.
    2. The application shall contain:
      1. The name, bona fide residence, and mailing address of the owner or business address if the owner is a firm, association, or corporation;
        1. A description of the motorboat, including when available the make, model, year, hull identification number, motor or engine serial number or model number, and a manufacturer's certificate of origin.
        2. The manufacturer's certificate of origin shall be furnished to the dealer by the manufacturer and shall accompany the application for certificate of title.
        3. The manufacturer's certificate of origin shall be on a form prescribed by the Secretary of the Department of Finance and Administration;
      2. A statement concerning all liens or encumbrances upon the motorboat and the names and addresses of all persons having any interest in the motorboat and the nature of the interest; and
        1. Further information as may reasonably be required by the office to determine whether the owner is entitled to a certificate of title.
        2. When the application refers to a motorboat purchased from a dealer, the application shall, if applicable, be accompanied by:
          1. A statement by the dealer or a bill of sale showing any lien retained by the dealer; and
          2. Payment of applicable lien notation and lien filing fees set forth in § 27-101-1029.
    3. The application shall be accompanied by:
      1. A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and
      2. A certificate of title fee in the amount of two dollars ($2.00) per motorboat.
      1. The certificate of title application fee collected under subdivision (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
        1. The Treasurer of State shall deduct a percentage of the gross amount of the certificate of title application fee collected under subdivision (c)(1) of this section for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203.
        2. The net amount remaining after the deduction under subdivision (d)(2)(A) of this section shall be distributed as follows:
          1. Fifty percent (50%) of the net amount shall be deposited as special revenue into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and
          2. Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
    4. A certificate of title shall not be issued under this subchapter absent receipt of the following:
      1. Payment of all applicable fees;
      2. Proof of payment of personal property taxes;
      3. Proof of assessment;
      4. Proof of liability insurance to the extent required in § 27-101-301 et seq.; and
      5. Any other documentation that may be requested by the office.
    1. In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the motorboat for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the office for and may obtain a duplicate certificate of title if the conditions of this section are satisfied.
    2. The following information shall be included in the application:
      1. The year, make, model, hull identification number, and motor or engine serial number if applicable;
      2. The name of a lienholder;
      3. A release if the applicant claims that the lien has been released; and
      4. Other information required by the office.
    3. In addition to the application referred to in subsection (a) of this section, the following fees are imposed and shall be paid to the office at the time that application for issuance of a duplicate certificate of title is made:
      1. A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and
      2. A certificate of title fee of two dollars ($2.00) per motorboat.
      1. The certificate of title application fee collected under subsection (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
        1. A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203.
        2. The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows:
          1. Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and
          2. Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
    4. The office may issue a duplicate certificate of title without notice to a lienholder if the records of the office do not show that a lien exists against the motorboat.
        1. The office shall mail notice to a lienholder shown in the records of the office at the address shown in the records for the lienholder.
        2. The notice shall state that the lienholder must respond to the office within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien.
        1. At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the office may issue a duplicate certificate of title without recording the name of the lienholder.
        2. If the lienholder timely responds indicating that the lien has not been released, the office may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees.
    5. Upon issuance of any duplicate certificate of title, the previous certificate of title shall be void.
    1. The owner of or person having a lien or encumbrance upon a motorboat that has been stolen or embezzled may notify the Office of Motor Vehicle of the theft or embezzlement, but in the event of an embezzlement, may make a report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.
    2. Every owner or other person who has given any such notice shall notify the office of a recovery of the motorboat.
    3. The office upon receiving a report of a stolen or embezzled motorboat as provided in subsection (a) of this section shall file and appropriately index the report, shall immediately suspend the certificate of number or title of the stolen or embezzled motorboat, and shall not transfer the certificate of number or certificate of title of the stolen or embezzled motorboat until such time as the office is notified in writing that the stolen or embezzled motorboat has been recovered.
      1. The office shall, at least one (1) time each week, compile and maintain a list of all motorboats that have been stolen, embezzled, or recovered as reported to the office during the preceding week.
      2. The lists shall be open to inspection by any law enforcement officer or other person interested in the motorboat.
    4. The office, upon receiving application for the certificate of number of a motorboat under § 27-101-301 et seq. or application for a certificate of title under this subchapter, shall first check the hull identification number or other identifying number shown in the application against the indexes of registered motorboats and against the index of stolen and recovered motorboats required by this section to be maintained.
      1. The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under § 27-101-304 and upon receipt of a proper application and all required fees, shall issue a certificate of title.
      2. The certificate of title shall be of a type that, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.
        1. The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number.
        2. In addition, the certificate of title shall contain:
          1. A statement of the owner's title to the motorboat;
          2. A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title;
          3. A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and
          4. If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013.
      1. The certificate of title shall bear the seal of the office.
      1. The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate of title, except when a surviving owner or a beneficiary applies for a new certificate of title with beneficiary under § 27-101-1013.
      2. The certificate of title shall also contain upon the reverse side forms for assignment of title or interest and warranty of title or interest by the owner, with space for notation of liens and encumbrances upon the motorboat at the time of a transfer.
      1. The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.
      2. Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the motorboat as shown in the certificate of title or to the person named to receive it in the application for the certificate of title.
      1. A certificate of title issued under this subchapter shall expire upon the determination by the Office of Motor Vehicle that the hull identification number on the motorboat is mutilated, destroyed, or obliterated.
      2. Upon expiration of a certificate of title under subdivision (a)(1) of this section, the office shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
        1. Issue a primary hull identification number to the motorboat; and
        2. Verify that the owner of the motorboat permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
    1. After receipt of a proper application and payment of all required fees under this subchapter, the office shall issue a new certificate of title using the primary hull identification number issued as provided under subsection (a) of this section.
      1. The Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number under § 27-101-304 or a certificate of title under this subchapter until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
      2. Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number.
    1. Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (a) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
      1. Assign a primary hull identification number; and
      2. Verify that the owner permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
    1. As used in this section:
        1. “Beneficiary” means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter.
        2. “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally created entity;
      1. “Certificate of title with beneficiary” means a certificate of title for a motorboat issued under this subchapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; and
        1. “Owner” means a person who holds legal title to a motorboat and may include more than one (1) person but not more than three (3) people.
        2. “Owner” does not include a business, firm, partnership, corporation, association, or any other legally created entity.
      1. The owner or joint owners of a motorboat may submit a transfer-on-death application to the Office of Motor Vehicle to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary which directs the office to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the certificate of title with beneficiary.
      2. A transfer-on-death application shall contain:
        1. A statement as to whether the applicant seeks to add, remove, or change a beneficiary;
        2. The full legal name of the beneficiary;
        3. The Social Security number of the beneficiary;
        4. The address of the beneficiary;
        5. The hull identification number of the motorboat and, where applicable, the engine or motor serial number;
        6. The year, make, model, and body type of the motorboat;
        7. The printed full legal name of the owner of the motorboat;
        8. The driver's license or identification card number for the owner of the motorboat; and
        9. The signature of the owner of the motorboat.
      3. The applicant shall include the following with the transfer-on-death application:
        1. The certificate of title for the motorboat issued under this chapter;
        2. A certificate of title fee in the amount of two dollars ($2.00);
        3. The certificate of title application fee in the amount of eight dollars ($8.00); and
        4. The certificate of title with beneficiary processing fee in the amount of ten dollars ($10.00).
      4. The proceeds collected under subdivision (b)(3)(C) of this section shall be distributed as set out in § 27-101-1004(d).
        1. The certificate of title with beneficiary processing fee remitted under subdivision (b)(3)(D) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
        2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
        3. The fee shall not be considered or credited to the office as direct revenue.
      1. The office shall not issue a certificate of title with beneficiary to an owner of a motorboat if:
        1. The motorboat is encumbered by a lien; or
        2. The owner holds his or her interest in the motorboat as a tenant in common with another person.
      2. If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added upon payment of all fees required under this chapter.
    2. The certificate of title with beneficiary issued by the office shall include after the name of the owner the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.
    3. During the lifetime of the owner or before the death of the last surviving joint owner:
      1. The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of title with beneficiary has been issued; and
      2. The certificate of title with beneficiary is revoked by:
        1. Selling the motorboat with proper assignment and delivery of the certificate of title to another person; or
        2. Filing an application with the office to remove or change a beneficiary as provided under subsection (b) of this section.
    4. Except as provided in subsection (e) of this section, the designation of the beneficiary in a certificate of title with beneficiary shall not be changed or revoked absent receipt of a court order requiring a change in the designation of beneficiary.
    5. The interest of the beneficiary in a motorboat on the death of the owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject to during his or her lifetime.
        1. Upon the death of the owner, the office shall issue a new certificate of title for the motorboat to the surviving owner or, if there is no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following:
          1. Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
          2. Surrender of the outstanding certificate of title with beneficiary; and
          3. An application and payment of all fees required under this chapter.
        2. A certificate of title issued under this subsection is subject to any existing security interest.
      1. If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, which shall be accompanied by all required fees, at the time of the application for a new certificate of title.
        1. The transfer under this subsection is a transfer by operation of law, and § 27-101-1022 applies to the extent practicable and not in conflict with this section.
        2. The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under the Probate Code.
    6. The procedures and fees under §§ 27-101-1004 and 27-101-1029 shall apply for obtaining a duplicate certificate of title with beneficiary.
    1. There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the motorboat.
    2. If a motorboat is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the motorboat was when the security interest attached, subject to the following:
      1. If at the time the security interest attaches the parties understand that the motorboat will be kept in this state and the motorboat is in this state within thirty (30) days after attachment for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state;
      2. If a security interest is perfected under the law of the jurisdiction where the security interest attached, the following rules apply:
        1. If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder's security interest continues perfected in this state; or
          1. If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the motorboat is issued in this state and also thereafter if, within the four-month period, it is perfected in this state.
          2. Perfection dates from the time of perfection in this state if the security interest is perfected in this state after the expiration of the four-month period;
      3. If the security interest is not perfected under the law of the jurisdiction where the security interest attached, the security interest may be perfected in this state, and perfection dates from the time of perfection in this state; or
      4. A security interest may be perfected either under subdivision (b)(2)(B) of this section or subdivision (b)(3) of this section as provided in subsection (a) of this section.
    3. If the motorboat is not registered with a certificate of number and a certificate of title has not been issued for the motorboat, the certified copy of the instrument creating the lien or encumbrance shall be accompanied by an application by the owner in usual form for an original registration and issuance of an original certificate of title and any fees as required under this chapter.
    1. The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the motorboat described in the certificate of title to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession.
      1. A lien is perfected on the date of execution if the documents required under § 27-101-1015 are filed with the Office of Motor Vehicle within thirty (30) days from the date of execution.
      2. Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the office noted on the application as required under § 27-101-1016.
      1. At his or her option, a lienholder may:
        1. Record the lien on the manufacturer's certificate of origin;
        2. Record the lien on an existing certificate of title; or
        3. File with the Revenue Division of the Department of Finance and Administration a certified copy of the instrument creating and evidencing the lien or encumbrance.
      2. The lienholder shall remit a fee in the amount of one dollar ($1.00) for each lien filed.
      3. The recording or filing shall constitute constructive notice of the lien against the motorboat described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens that are by law dependent upon possession.
      4. A photocopy of the manufacturer's certificate of origin or of an existing certificate of title, showing the lien recorded thereon and certified as a true and correct copy by the party recording the lien, shall be sufficient evidence of the recording.
        1. The lien shall be deemed perfected and the constructive notice shall be effective from the date of the execution of the instrument creating and evidencing the lien or encumbrance if it is filed as authorized in this section within thirty (30) days after the date of the execution thereof.
        2. If the instrument is filed more than thirty (30) days after the date of the execution thereof, the lien shall be deemed perfected and the constructive notice shall date from the time of the filing of the instrument.
      1. However, the filing of a lien under this section by the lienholder and the payment of the required fee shall in no way relieve any person of the obligation of paying the fee required by law for filing a lien to be evidenced on a certificate of title of a motorboat.
    1. The methods provided in this subchapter of giving constructive notice of a lien or encumbrance upon a motorboat shall be exclusive except as to liens dependent upon possession.
    2. Any lien, or encumbrance, or title retention instrument filed as provided in this subchapter, and any documents evidencing them, are exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing title retention or other liens or encumbrances upon motorboats.
    1. It is a Class C misdemeanor for any person to fail or neglect to enter the transferee's name on a properly endorsed certificate of title or fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled to the certificate of title.
    2. A person found to be in possession of a motorboat with an improperly assigned certificate of title that fails to identify the transferee shall immediately establish ownership of the motorboat, register the motorboat with a certificate of number, and pay all required fees and penalties.
      1. The transferee of a motorboat shall apply for, or cause to be applied for, a registration with a certificate of number under § 27-101-304 and the issuance of a certificate of title under this subchapter within thirty (30) days after the date of the release of lien by a prior lienholder, as provided in § 27-101-1024, or thirty (30) days after the date of the transfer if no lien exists.
      2. A motorboat shall not be operated upon the waters of this state for more than thirty (30) days after the release of lien by a prior lienholder as provided in § 27-101-1024, or thirty (30) days after the transfer date if no lien exists, unless a valid registration with a certificate of number and certificate of title have been issued under this chapter.
    1. A transferee shall at the same time present the certificate of title, properly endorsed and assigned, to the Office of Motor Vehicle and apply for and obtain a new certificate of title for the motorboat, except as otherwise provided in § 27-101-1022.
        1. It is unlawful for a dealer or other person who sells or finances the purchase of a motorboat subject to registration with a certificate of number in this state to use a title retention note to secure his or her interest in the motorboat.
        2. As used in this section, a “title retention note” means any instrument that grants the purchaser the right to possession and use of the motorboat, but withholds assignment of ownership on the existing certificate of title and its delivery to the purchaser, until full payment has been made by the purchaser, which makes it impossible for the purchaser to comply with subsection (b) of this section.
      1. It shall be a Class C misdemeanor for a motorboat dealer or other seller to fail to comply with this subsection.
    2. This section is not intended to limit the rights of a lienholder to perfect or record his or her security interest in a motorboat as provided under §§ 27-101-1014 and 27-101-1019.
    1. Whenever the certificate of title or interest of an owner in or to a registered motorboat is transferred to another person by a method other than voluntary transfer, the registration and certificate of title of the motorboat shall expire, and the motorboat shall not be operated upon the waterways of this state for more than thirty (30) days after the date of transfer.
      1. Upon transfer, the new owner shall secure a new registration with a certificate of number under § 27-101-304 and a new certificate of title under this subchapter, if the new owner submits to the Office of Motor Vehicle:
        1. The application and documents required to be submitted with the application;
        2. Payment of all required fees;
        3. Presentation and surrender of the last certificate of title;
        4. Evidence that the lien or encumbrance was previously recorded in this state; and
        5. The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case.
        1. If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section.
        2. Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title.
      2. The new owner, upon transferring his or her certificate of title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies of the documents of authority, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.
    1. A person holding a lien or encumbrance upon a motorboat, other than a lien dependent solely upon possession, may assign his or her certificate of title or interest in or to the motorboat to a person other than the owner without the consent of the owner, and without affecting the interest of the owner or the registration with certificate of number of the motorboat, but in this event, he or she shall give to the owner a written notice of the assignment.
    2. The Office of Motor Vehicle, upon receiving a certificate of title, along with all required fees, assigned by the holder of a lien or encumbrance shown thereon and giving the name and address of the assignee, shall issue a new certificate of title as upon an original application.
    1. As used in this section, “final payment” means an item is paid when a payee bank or person has:
      1. Paid for the item in cash;
      2. Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement; or
      3. Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.
    2. For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment.
      1. Upon the satisfaction of any lien or encumbrance on a motorboat for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days from the date of receipt of final payment execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title.
      2. Upon the satisfaction of a lien or encumbrance on a motorboat for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days of receipt of final payment execute a release of lien or encumbrance in the form the office prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.
    3. A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured.
      1. A lienholder who fails to comply with subsection (c) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (c) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien.
      2. If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.
    1. When satisfied as to the genuineness and regularity of the transfer of a motorboat and of the right of the transferee to receive a new registration and certificate of title under this chapter, the Office of Motor Vehicle shall reregister the motorboat under § 27-101-304 and issue a new certificate of title under this subchapter as upon an original application.
    2. The request for reregistration and issuance of a new certificate of title shall be accompanied by:
      1. A properly endorsed certificate of title;
      2. A completed application for registration and certificate of title as required in this chapter;
      3. If applicable, proof the motorboat or personal watercraft is covered by a liability insurance policy issued by an insurance company authorized to do business in this state;
      4. Payment of all required fees; and
      5. Any other documents that may be required by the office.
    3. The office shall:
      1. Retain and appropriately file every surrendered certificate of title; and
      2. Maintain the file required under subdivision (c)(1) of this section to permit the tracing of the certificate of title.
    1. The owner of a motorboat who has made a bona fide sale or transfer of his or her certificate of title or interest and who has delivered possession of the motorboat to the purchaser or transferee is not liable for any damages resulting from negligent operation of the motorboat by another person.
    2. The selling or transferring owner, upon delivery of possession of the motorboat, is not liable for any damage or negligence if the selling or transferring owner:
      1. Delivers the certificate of title, properly endorsed and dated with the date of the endorsement, to the purchaser or transferee;
      2. Delivers to the Office of Motor Vehicle or placed in the United States mail, addressed to the office, the notice as provided in § 27-101-1027; or
      3. Delivers to the office or places in the United States mail, addressed to the office, the appropriate documents and fees for registration of the motorboat to the new owner under the sale or transfer.
    1. Whenever the owner of a motorboat registered with a certificate of number under this chapter sells or transfers the certificate of title or interest in and delivers possession of the motorboat to another person, the owner may notify the Office of Motor Vehicle of the sale or transfer.
    2. The notice shall provide the following information:
      1. The date of the sale or transfer;
      2. The name and address of the owner and of the transferee;
      3. The hull identification number;
      4. The identifying number assigned to the motorboat under § 27-101-301 et seq.;
      5. A description of the motorboat; and
      6. Any other information that may be required by the office.
    1. As used in this section:
      1. “Customer” means a person who trades in or otherwise provides a motorboat to a motorboat dealer for resale;
      2. “Motorboat dealer” means a recognized motorboat dealer; and
      3. “Subsequent purchaser” means a person who buys the motorboat that was provided to the motorboat dealer as a trade-in or for resale by the customer.
      1. If a motorboat dealer takes possession of a motorboat for purposes of resale and there is an outstanding lien or encumbrance on the motorboat, the motorboat dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motorboat dealer takes possession of the motorboat from the customer.
      2. This time period may be shortened if the customer and the motorboat dealer agree to a shorter time period.
      1. If the motorboat dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motorboat dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motorboat dealer.
      2. If the contract for sale is canceled under subdivision (c)(1) of this section, the motorboat dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.
      1. If the motorboat dealer sells the motorboat to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the motorboat subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motorboat dealer.
      2. If the contract for sale is canceled under subdivision (d)(1) of this section, the motorboat dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the subsequent purchaser as part of the existing lien or encumbrance.
    1. Except as otherwise provided, all fees required under this chapter shall be paid to the Office of Motor Vehicle.
    2. The following fees are charged under this subchapter by the Secretary of the Department of Finance an Administration:
      1. Certificate of title with beneficiary processing fee $10.00
      2. Duplicate title fee 2.00
      3. Lien filing fee 1.00
      4. Lien notation fee .50
      5. Title application fee 8.00
      6. Hull identification fee 25.00
    1. Within twenty (20) days after making the affidavit, the taker up shall cause to be inserted in some newspaper printed in this state, for three (3) weeks successively, a correct account of the time and place when and where the property was taken up and the description and valuation thereof. He or she shall also put up three (3) advertisements to the same effect at the most public places in the neighborhood where the property may have been taken up.
    2. If the amount of the property taken up does not exceed fifty dollars ($50.00) in value, no publication in the newspaper is necessary.
    3. Persons taking up property and failing to give notice as required by this section shall forfeit all claims to salvage.
    1. When any raft or boat with produce therein shall be taken up, which raft or the cargo of the boat consists of articles that are usually taken to the states of Mississippi or Louisiana for sale and the owner does not apply for or make demand of the property within twenty (20) days, then the person taking up the property may apply to a justice of the peace of the county where the property was taken up. On showing that the property so taken up is of a perishable nature and is likely to be injured or become of less value by being kept, the justice may make an order authorizing the taker up of the property to sell the property at public auction on giving notice by advertisement, as the justice may direct, or the justice may authorize the taker up to ship the property to any market where he or she may deem it most likely he or she will effect a good sale of the property.
    2. Before the sale shall be made or the property removed for shipment to another market, the taker up shall enter into bond to the State of Arkansas, with sufficient security to be approved of by the justice, in double the value of the property so taken up. This bond shall be conditioned that if the owner shall appear and establish his or her claim to the property within one (1) year from the time of taking up the property, the taker up will pay to the owner the value of the property, deducting his or her salvage or, when taken to a market, deducting his or her salvage and reasonable expenses.
    3. The bond shall be filed by the justice in the office of the clerk of the county court of the county where the property was taken up for the use of the owner.
    4. The justice shall give to the taker up a copy of the order of sale or shipment with a certificate that bond has been entered into by the person for the security of the owner. The copy of the order and certificate under the hand of the justice shall be a sufficient voucher for the taker up to authorize all acts of ownership over the property.
    1. The Division of Aeronautics shall be composed of seven (7) members appointed by the Governor.
    2. One (1) of the members shall be appointed from each of the four (4) congressional districts, and three (3) members shall be appointed from the state at large.
    3. Appointments shall be for terms of five (5) years.
    1. The Director of the Division of Aeronautics shall be appointed by the Secretary of the Department of Commerce with the approval of the Governor and shall serve at the pleasure of the Governor.
    2. The director shall report to the secretary.
    1. The Division of Aeronautics shall have the right to:
      1. Receive grants and donations, appropriations, and other funds or materials on behalf of the state, county, municipality, or other eligible applicants for utilization in the development of aeronautics, provided that the division shall not have the right to use the funds received for a particular purpose for any other purpose without the consent of the person or agency providing the particular funds; and
      2. Plan and lay out a state system of landing fields, airports, and airways and to inspect them and to close any landing field or airport found to be unsafe.
    2. The division is authorized:
      1. To accept as a loan or a gift any aircraft made available for its use by the federal government or any agency thereof; or
      2. To match any funds made available by the federal government, any agency thereof, or any person or corporation with any moneys available to the division for the purpose of acquiring any aircraft which it may deem necessary to the proper performance of its duties as provided by law.
    1. It shall be the duty of the Division of Aeronautics to:
      1. Provide for the examination, rating, and licensing of airports, landing fields, and air navigation facilities available for the use of aircraft;
      2. Adopt, in consultation with the Secretary of the Department of Commerce, rules for the issuance, expiration, suspension, or revocation of licenses of airports, landing fields, and air navigation facilities, and of other licenses or certificates that the division deems necessary in administering the functions vested in the division under this chapter and § 27-116-101 et seq.;
      3. Establish, set apart, and provide for the protection of necessary air space reservations within the state in addition to and not in conflict with air space reservations established by the President of the United States or any department of the United States or with any civil or military airway designated under the provisions of the Air Commerce Act of 1926 and the amendments thereto, or other act of Congress pertaining thereto;
      4. Designate, establish, and chart civil airways within, over, and above the lands or waters of the state and arrange for publication of maps of such airways, utilizing the facilities and assistance of existing agencies of the state as far as practicable. The division shall grant no exclusive right for the use of any civil airway, airport, intermediate landing field, or other air navigation facility under its jurisdiction;
      5. Investigate, record, and report the causes of accidents in civil air navigation within this state;
      6. Encourage the establishment of airports, civil airways, and other air navigation facilities;
      7. Supervise and regulate the safety, adequacy, and sufficiency of all airports, landing fields, and air navigation facilities and equipment used or to be used in private or commercial flying;
      8. Adopt, in consultation with the secretary, rules governing instruction in flight or ground school offered to student fliers or mechanics when the instruction is conducted by individual flight instructors licensed under appropriate Federal Aviation Administration regulations and adopt rules governing the safety, adequacy, and sufficiency of airports, landing fields, and air navigation facilities and equipment used or to be used in the instruction of student fliers or mechanics;
      9. Adopt, in consultation with the secretary, rules for the marking of highways, municipalities, and all other serial markings used throughout the state;
      10. Adopt, in consultation with the secretary, rules governing the erection, location, and maintenance of aerial beacon lights and other aerial night lighting equipment within the state;
      11. Exchange with the Federal Aviation Administration and other state governments through existing governmental channels information pertaining to civil air navigation;
      12. Enforce the regulations and air traffic rules, promulgated as provided hereunder, through the assistance and cooperation of state and local authorities charged with the enforcement of law in their respective jurisdictions;
      13. Establish by rule, in consultation with the secretary, the minimum safe altitudes for flight, including air traffic rules; and
      14. Establish, in consultation with the secretary, posting requirements for compliance with § 12-19-102, concerning the posting of information about the National Human Trafficking Resource Center Hotline.
    2. All rules prescribed by the division under the authority of this section shall be consistent with and conform to current federal legislation governing aeronautics and the regulations duly promulgated thereunder and rules issued from time to time pursuant thereto. Nothing in this section shall confer upon the division the power to determine schedules, issue stock, or determine public convenience or the adequacy and sufficiency of service of common carriers engaged in commercial flying within this state.
    1. The Division of Aeronautics shall assist in the location of landing fields and the promotion and development of aeronautics throughout the state.
    2. The division may use for the construction and development of these fields and for the grading and construction of highways leading thereto, any equipment of the Arkansas Department of Transportation which is not at that time required for other construction purposes.
    1. All revenues derived from the levying of the Arkansas Gross Receipts Tax, as amended, § 26-52-101 et seq., upon aircraft and aviation fuel, aviation services, aircraft parts and accessories, and other gross receipts taxes remitted by aircraft dealers, airports, and flying fields shall be reported to the Secretary of the Department of Finance and Administration in a manner and on forms as he or she shall direct.
    2. The Division of Aeronautics is authorized to accept donations and grants of all property, whether real or personal.
    3. Tax proceeds and grants and donations of money shall be special revenues and shall be deposited in the State Treasury to the credit of the Division of Aeronautics Fund to be used for constructing and improving airports, civil airways, and other air navigation facilities and for preserving the history of aviation in the state.
    4. The division shall administer the funds so deposited and shall use the funds for the sole purpose of building airports, civil airways, and other air navigation facilities in this state in those cities or towns as the division, in coordination with the Arkansas Economic Development Council, shall determine would attract the greatest volume of industry to this state.
    5. The funds may also be used for the purpose of:
      1. Matching funds with any federal funds made available for the purpose of this section; or
        1. Establishing or supporting aviation museums to preserve the history of aviation in the state.
        2. Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or
      2. Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to:
        1. The development of aeronautics;
        2. The promotion of aeronautics; or
        3. Aviation education.
      1. All revenues derived from the levying of the compensating use tax under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., upon aircraft and aviation fuel, aviation services, and aircraft parts and accessories remitted by aircraft dealers, airports, and flying fields shall be reported to the Director of the Division of Aeronautics in a manner and on forms as he or she shall direct.
      2. All state use tax derived shall be special revenues and shall be deposited in the State Treasury to the credit of the fund to be used for the purposes set forth in this subsection.
    1. The ownership of the space over and above the lands and waters of this state is declared to be vested in the owner of the surface beneath, but this ownership extends only so far as is necessary to the enjoyment of the use of the surface without interference and is subject to the right of passage or flight of aircraft.
    2. Flight through the space over and above land or water at a sufficient height and without interference to the enjoyment and use of the land or water beneath is not an actionable wrong unless the flight results in actual damage to the land or water or property thereon or therein or use of the land or water beneath.
    3. Flight in aircraft over the lands and waters of this state is lawful, unless at an altitude low enough to interfere with the then-existing use to which the land or water or the space over the land or water is put by the owner or unless so conducted as to be dangerous or damaging to persons or property lawfully on the land or water beneath.
    4. The landing of an aircraft on the lands or waters of another without his or her consent is unlawful, except in the case of a forced or emergency landing.
    1. The provisions of this subchapter and § 27-116-101 et seq. and § 27-116-301 et seq., insofar as they relate to registration and license, shall not apply to aircraft owned and operated within this state by nonresidents of this state for a period not to exceed thirty (30) days in the calendar year, provided that the owner or pilot can show satisfactory proof he or she has complied with the laws relating to registration and license of airmen and aircraft in the state, territory, district, or country of which he or she is a resident.
    2. A nonresident owner or airman cannot engage within this state in the carrying of passengers, merchandise, or property for hire or reward by means of civil aircraft or in any commercial aircraft flying for hire or reward, unless he or she has complied with the provisions of this subchapter and § 27-116-101 et seq. and § 27-116-301 et seq. governing registration and license as if he or she were a resident of this state.
    1. The licenses of airports, landing fields, air navigation facilities, and other licenses or certificates that the Arkansas Department of Aeronautics may issue under authority of this subchapter and § 27-116-101 et seq. and § 27-116-301 et seq. shall be denied or revoked only after the applicant or licensee shall have been accorded a hearing thereon.
    2. Within ten (10) days after notice that application for registration and license has been denied or the license or certificate revoked, the applicant or holder may file a written request with the department for a public hearing thereon.
    3. The secretary of the department upon receipt of the request shall:
      1. Arrange for a public hearing to be held within twenty (20) days after receipt in such place as the secretary deems most practicable and convenient; and
      2. Give the applicant or holder at least ten (10) days' notice of the hearing unless an earlier hearing is consented to by the applicant or holder. Notice may be served personally or sent to the applicant or holder by registered mail.
    1. All crimes, torts, and other wrongs committed by or against a pilot or passengers while in flight over or above the lands and waters of this state shall be governed by the laws of this state.
    2. Whether damage occasioned by or to an aircraft while over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.
    1. The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damage to persons or property on or above the land or water beneath caused by the ascent, descent, or flight of aircraft, or the dropping or falling of any object therefrom, in accordance with the rules of law applicable to torts on land in this state.
    2. The liability of the owner or pilot of an aircraft carrying passengers for injury or death to his or her passengers shall be determined by the rules of law applicable to torts on the lands or waters of this state arising out of similar relationships.
      1. As used in subsection (a) of this section, “owner” shall include a person having full title to aircraft and operating it through servants and shall also include a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire; but “owner”, as used in subsection (a) of this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft, or other persons having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession of the aircraft as a result of theft or felonious conversion.
      2. The person in whose name an aircraft is registered with the Federal Aviation Administration shall be prima facie the owner of the aircraft within the meaning of subsection (a) of this section.
      1. The General Assembly finds and declares that it is in the interest of public safety to facilitate by the most expeditious means available the search for and location of aircraft which have crashed or been forced to land in remote or inaccessible areas.
      2. It is therefore the policy of this state that all civil aircraft, except aircraft used for agricultural spraying or crop dusting, experimental aircraft operating for testing purposes, aircraft of primarily antique or historical value or interest, gliders, and lighter-than-air craft located for tax purposes within the territorial limits of this state, shall be equipped with an approved device capable of indicating by radio transmissions the position of the aircraft when grounded because of mechanical or other failure at a place other than at an airport.
    1. The Arkansas Department of Aeronautics shall establish minimum standards for downed aircraft radio transmitting devices. The standards shall require that the devices be used on all aircraft, except as provided otherwise in this subchapter.
      1. Upon petition by the owner of any aircraft, the department may exempt the aircraft from the requirements of a downed aircraft rescue transmitter upon a showing to the satisfaction of the department that the device would not sufficiently increase the safety of operations in the particular case.
      2. The provisions of this subchapter shall not apply to air carrier aircraft operating pursuant to both a federal certificate of public convenience and necessity and a federal air carrier operating certificate.
    1. The Arkansas Department of Aeronautics shall examine or cause to be examined downed aircraft transmitting devices submitted to it for approval by the manufacturer or distributor and shall approve for use those units found to be effective and reliable within the limits and standards established by the department.
    2. Manufacturers or distributors making application for approval shall as prescribed by the department furnish information, supply units for testing, and submit fees as determined by the department sufficient to defray the cost of testing.
    3. The downed aircraft transmitting devices approved by the department must be of sufficient durability to withstand the impact of a crash and automatically activate to transmit an effective signal on a preset emergency distress radio frequency to enable the location of the aircraft to be fixed.
    1. No person shall sell or offer for sale any downed aircraft transmitting device which does not satisfy all of the following requirements:
      1. The device shall meet the minimum standards for transmitting devices established pursuant to this subchapter and the rules promulgated by the Division of Aeronautics hereunder;
      2. The device shall be approved by the division as provided by this subchapter; and
      3. The device shall have legibly inscribed thereon or permanently affixed thereto by the manufacturer the following statement: “This downed aircraft transmitter has been approved by, and meets the minimum standards for such devices established by, the State of Arkansas.”
    2. No downed aircraft transmitting device which fails to exhibit the inscription required in subdivision (a)(3) of this section shall meet the requirements of this subchapter.
    1. A person commits the offense of operation of a prohibited aircraft if the person knowingly:
      1. Operates an aircraft that does not have aircraft identification numbers that comply with identification and registration marking regulations adopted by the Federal Aviation Administration, 14 C.F.R. Part 45;
      2. Operates or navigates an aircraft that is not properly registered under Federal Aviation Administration aircraft registration regulations, 45 C.F.R. Part 47; or
      3. Operates an aircraft equipped with a fuel tank, bladder, drum, or other container for fuel that does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit under regulations adopted by the Federal Aviation Administration, 14 C.F.R. Parts 21, 43, or 91.
    2. Operation of a prohibited aircraft is a Class C felony.
      1. The failure to properly display on an aircraft identification numbers in compliance with federal aviation regulations shall be probable cause for a law enforcement officer to inspect the aircraft to determine the identity of the owner.
      2. A law enforcement officer may inspect an aircraft under this section if the aircraft is located:
        1. On public property; or
        2. On private property, if the officer has the consent of the property owner.
    1. Every person, company, firm, or corporation which now owns, operates, manages, or controls any wire of any kind or description, including, but not limited to, those over which electricity or messages are transmitted located within the approach zone of any airport in this state shall remove the wires from the approach zone of the airport. Removal shall not be required until the owner or operator of the airport affected requests the removal in writing specifying the wires to be removed and the owner or operator has either paid to the person required by this chapter to remove the wires or has executed a good and sufficient bond with corporate surety thereon as security for the payment in a sum of money sufficient to pay all the actual cost of removing the wires, together with the poles, crossarms, and other equipment connected thereto, and the actual cost of:
      1. Constructing underground conduits and the construction of wires and equipment in the conduits; or
      2. Rerouting such wires, together with the poles, crossarms, and other equipment connected thereto together with the cost, if any, of new rights-of-way made necessary by the rerouting.
    2. In the event that the parties are unable to agree upon the amount of such costs, the Arkansas Public Service Commission shall determine the amount of the costs. Appeal from determination by the commission shall be had in the manner provided by law.
    1. For purposes of this section, an “aeronautical facility” means any public airport or military airport which has a hard surface runway.
    2. No structure in excess of one hundred feet (100') in height may be constructed within twenty-five hundred feet (2,500') from either side of a runway centerline running the full length of that runway, including the runway protection zone and runway safety area, extending outward from the approach end of any runway for seven (7) nautical miles, and rising upward from that runway end surface at a slope of sixty-five feet (65') horizontally to one foot (1') vertically for the seven (7) nautical miles of any aeronautical facility used by the public unless a permit for such construction has been issued by the governing body responsible for operations at the aeronautical facility.
    3. The governing body of an aeronautical facility may levy a fine not to exceed one thousand dollars ($1,000) per day against the owner of any structure constructed in violation of this section. The fine may be levied for each day until the structure is removed.
    4. This section does not apply to any structure existing on March 26, 1999, nor to any structure which has construction in progress on March 26, 1999.

ARTICLE VII

The commission is authorized and directed to proceed with the planning and construction of the bridge and the approaches thereto as rapidly as may be economically practicable and is vested with all necessary and appropriate powers, not inconsistent with the constitution or the laws of the United States or of either state, to effect the same, except the power to assess or levy taxes.

ARTICLE VIII

In witness thereof, we have hereunto set our hands and seals under authority vested in us by law.

(Signed) In the presence of: (Signed)

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History. Acts 1951, No. 66, § 1; A.S.A. 1947, § 76-2101; Acts 1995, No. 1296, § 99.

Publisher's Notes. This compact was signed by Ike Murry, Attorney General of Arkansas; J. R. Bush, John R. Anderson, and Chester Parrish, Commissioners of Arkansas; J. P. Coleman, Attorney General of Mississippi; and W. C. Kirkpatrick, J. E. Merritt, and W. S. Kincade, Commissioners of Mississippi.

U.S. Code. The General Bridge Act, referred to in this compact, is codified as 33 U.S.C. § 525 et seq.

27-89-203. Compact binding when signed — Filing.

The compact when signed by the signatories of each state as herein provided shall become binding upon the State of Arkansas and shall be filed in the office of the Secretary of State of Arkansas.

History. Acts 1951, No. 66, § 2; A.S.A. 1947, § 76-2102.

27-89-204. Consent of Congress — Effect.

The commission shall have power to apply to the Congress of the United States for its consent and approval of the compact; in the absence of consent of Congress and until the compact shall have been secured, the compact shall be binding upon the State of Arkansas in all respects permitted by law for the two (2) states of Arkansas and Mississippi without the consent of Congress to cooperate, for the purposes enumerated in the compact and in the manner provided therein.

History. Acts 1951, No. 66, § 4; A.S.A. 1947, § 76-2104.

Subchapter 3 — Arkansas-Mississippi Great River Bridge Construction Compact

27-89-301. Text of compact.

The Chairman of the State Highway Commission of the State of Arkansas, acting on behalf of this state, is authorized to execute a compact, to be known as the “Arkansas-Mississippi Great River Bridge Construction Compact,” in substantially the following form, with the State of Mississippi, and the General Assembly signifies in advance its approval and ratification of such compact, to wit:

ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT

ARTICLE I

The purpose of this Compact is to promote the construction of a highway bridge or a combined highway-railroad bridge connecting the States of Mississippi and Arkansas at or near Rosedale, Mississippi; and McGehee and Dumas, Arkansas, and to establish a joint interstate authority to assist in these efforts.

ARTICLE II

This Compact shall become effective immediately as to the States ratifying it whenever the States of Arkansas and Mississippi have ratified it and Congress has given consent thereto.

ARTICLE III

ARTICLE IV

The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures, and significance of the bridge construction and the informational, educational, and publicity methods of stimulating general interest in such developments, and who shall be the compact administrator. The term of office of the secretary shall be at the pleasure of the authority and such officer shall receive such compensation as the authority shall prescribe. The secretary shall maintain custody of the authority's books, records, and papers, which shall be kept by the secretary at the office of the authority, and shall perform all functions and duties and exercise all powers and authorities which may be delegated to the secretary of the authority.

ARTICLE V

Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the authority funds for the establishment and operation of the authority. The contribution of each party state will be in equal amounts.

ARTICLE VI

Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other bridge project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.

ARTICLE VII

This compact shall continue in force and remain binding upon each party state until the legislature or governor of each or either state takes into action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.

History. Acts 1985, No. 27, § 1; A.S.A. 1947, § 76-2105.

27-89-302. State highway commissioners to serve on compact authority — Filling of vacancies.

History. Acts 1985, No. 27, § 2; A.S.A. 1947, § 76-2106.

27-89-303. Powers granted to members of authority — Directions for other state officers.

History. Acts 1985, No. 27, § 3; A.S.A. 1947, § 76-2107.

27-89-304. Compact operative when executed and ratified.

History. Acts 1985, No. 27, § 4; A.S.A. 1947, § 76-2108.

27-89-305. Use of state funds — Appropriation necessary for construction funds.

The State Highway Commission is authorized to use moneys appropriated for the operation of the Arkansas Department of Transportation for payment of the State of Arkansas's pro rata share of the administrative costs of the compact authority, but shall have no authority to authorize, or contract for, the use of moneys in the State Highway and Transportation Department Fund for the construction of the Arkansas-Mississippi Great River Bridge, except upon specific authorization and appropriation thereof by the General Assembly.

History. Acts 1985, No. 27, § 5; A.S.A. 1947, § 76-2109; Acts 2017, No. 707, § 432.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-89-306. Application to Congress for consent and approval — Binding effect of compact.

The authority shall have power to apply to the Congress of the United States for its consent and approval of the compact; but in the absence of such consent of Congress and until that consent shall have been secured, the compact shall be binding upon the State of Arkansas in all respects permitted by law for the two (2) States of Arkansas and Mississippi without the consent of Congress to cooperate, for the purposes enumerated in the compact, and in the manner provided therein.

History. Acts 1985, No. 27, § 6; A.S.A. 1947, § 76-2110.

Chapter 90 Toll Highways

Subchapter 1 — General Provisions

[Reserved]

Subchapter 2 — Turnpike Projects and Tolls

Effective Dates. Acts 2003, No. 296, § 11: Mar. 4, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there is an immediate need for the planning and development of certain turnpike projects within the State of Arkansas, and that the planning and development will be facilitated by this act having immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-90-201. Definitions.

As used in this subchapter, unless the context otherwise requires:

  1. “Bonds”, “turnpike revenue bonds”, or “revenue bonds” means revenue bonds or notes of the State Highway Commission authorized under and issued under this subchapter;
  2. “Commission” means the State Highway Commission;
    1. “Costs” or “project costs” means all direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping turnpike projects, including, without limitation:
      1. The cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interests acquired by the commission;
      2. The cost of demolishing or removing buildings or structures on the land so acquired;
      3. The cost of acquiring any lands to which those buildings or structures may be moved;
      4. The cost of all machinery and equipment;
      5. Financing charges, interest prior to and during construction and for a period after construction;
      6. The establishment of necessary funds and reserves;
      7. The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues;
      8. Any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a turnpike project, administration expense; and
      9. Any other expense, cost, or expenditure necessary or incidental to the construction of a turnpike project, the finance of the construction, and the placement of the turnpike project into operation.
    2. Any obligation, expense, or expenditure incurred or made by the commission or any other state agency or department for matters pertaining to a turnpike project, including, without limitation, feasibility studies, traffic surveys, borings, preparation of plans and specifications, engineering services, and any other expenses, costs, or expenditures of whatever nature that shall be regarded as part of the costs of a turnpike project and that may be reimbursed to the commission or other agency or department of the state out of the proceeds of revenue bonds or out of any other available funds of the commission;
  3. “Debt service” means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, rebate costs, and the amounts necessary to establish and maintain debt service reserves as provided in the authorizing resolution or trust indenture identified under this subchapter;
  4. “Owner” means all individuals, partnerships, associations, corporations, or organizations having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the authority of this subchapter;
  5. “Person” means any individual, partnership, corporation, or other entity recognized by law as having power to contract;
  6. “Project” or “turnpike project” means any express highway or highway on or a part of the state highway system constructed, reconstructed, or rehabilitated under the provisions of this subchapter by the commission, including, without limitation, lands, rights-of-way, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, administration buildings, storage buildings, other buildings, and facilities which the commission may deem necessary or desirable for the operation of a turnpike project, together with all property, rights, easements, rights-of-way, and interest that may be acquired by the commission for or in connection with the construction or operation of a turnpike project; and
  7. “Revenues” or “turnpike project revenues” means, without limitation, all tolls, rentals, license and permit revenues, contractual receipts, gifts, grants, moneys, charges, and other funds, including federal aid highway funds, and property of whatever nature coming into the possession of or under the control of the commission by virtue of this subchapter, except the proceeds derived from the sale of revenue bonds issued under this subchapter.

History. Acts 1995, No. 1232, § 1; 2003, No. 296, § 1.

27-90-202. Authority of commission to undertake turnpike projects.

History. Acts 1995, No. 1232, § 1; 2003, No. 296, § 2; 2019, No. 315, § 3177.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(6).

27-90-203. Authority of commission to collect tolls.

History. Acts 1995, No. 1232, § 1; 2003, No. 296, § 3.

27-90-204. Revenue — Use of revenues.

History. Acts 1995, No. 1232, § 1; 2003, No. 296, § 4; 2017, No. 707, § 433.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (c)(2).

27-90-205. Issuance to finance turnpike projects.

History. Acts 2003, No. 296, § 5.

27-90-206. Authorizing resolution — Terms.

History. Acts 2003, No. 296, § 5.

27-90-207. Trust indenture.

History. Acts 2003, No. 296, § 5.

27-90-208. Sale.

History. Acts 2003, No. 296, § 5.

27-90-209. Execution.

History. Acts 2003, No. 296, § 5.

27-90-210. Liability on bonds.

History. Acts 2003, No. 296, § 5.

27-90-211. Security and payment.

History. Acts 2003, No. 296, § 5.

27-90-212. Refunding bonds.

History. Acts 2003, No. 296, § 5.

27-90-213. Scope of revenue bonds as securities.

History. Acts 2003, No. 296, § 5.

27-90-214. Tax exemption.

History. Acts 2003, No. 296, § 5.

27-90-215. Construction — Scope of authority.

History. Acts 2003, No. 296, § 5.

Chapters 91-99

[Reserved]

Subtitle 7. Watercourses And Navigation

Chapter 100 General Provisions

[Reserved]

Chapter 101 Watercraft

A.C.R.C. Notes. References to “this chapter” in Subchapters 1-4 may not apply to Subchapters 5 and 6 which were enacted subsequently.

Research References

Am. Jur. 12 Am. Jur. 2d, Boats, § 7 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 1995, No. 517, § 22: May 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the boating safety laws of the State of Arkansas are in immediate need of revision, including, increased penalties for violation of the state's boating laws; providing capacity restrictions for loading passengers and cargo on vessels; providing penalties for negligent operation of vessels; providing restrictions for personal flotation devices; providing restrictions for vessel lighting after dark; and providing procedures for investigating boating accidents. Further, it is found that operation of vessels on the waters of the state under the current laws are creating unnecessary dangers to the life and property of the citizens of this state, and that increasing the penalties for this dangerous conduct and providing the stated restrictions for vessel operators will reduce the number of accidents and injuries to persons and property on the waters of the state. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after May 1, 1995.”

Acts 2003, No. 1774, § 17: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the discharge of untreated sewage from vessels into waters of the State of Arkansas poses a serious threat to the public health and the environment; that such a serious threat needs to be rectified immediately; and that this act improves the state's ability to enforce laws relative to marine sanitation. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-101-101. Policy.

It is declared to be the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.

History. Acts 1959, No. 453, § 1; A.S.A. 1947, § 21-221.

Case Notes

Cited: St. Hilaire Moye v. Henderson, 364 F. Supp. 1286 (E.D. Ark. 1973).

27-101-102. Applicability — Effect on ordinances, regulations, etc.

History. Acts 1959, No. 453, § 13; A.S.A. 1947, § 21-233; Acts 2003, No. 1774, § 1; 2019, No. 315, § 3178.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (b)(1).

27-101-103. Definitions.

As used in this chapter unless otherwise specified in the particular subchapter:

  1. “Certificate of number” means a motorboat registration or motorboat registration certificate;
  2. “Length” means the extreme deck fore-and-aft measurement of a vessel;
  3. “Marina” means a dock or basin providing moorings for motorboats and offering supply, repair, or other services for remuneration;
  4. “Marine sanitation device” means equipment that is identified by the United States Coast Guard as meeting the standards of the United States Environmental Protection Agency to eliminate the discharge of untreated sewage from vessels and is a device that receives, treats, retains, or discharges sewage;
  5. “Motorboat” means any vessel operated upon water and which is propelled by sail or machinery, whether or not the machinery is the principal source of propulsion but shall not include a vessel that has a valid marine document issued by the United States Customs and Border Protection or any federal agency successor thereto;
  6. “Operate” means to navigate or otherwise use a motorboat or a vessel;
  7. “Operator” means a person who is controlling the speed and direction of a vessel or a person who is in direct physical control of a vessel;
    1. “Owner” means a person other than a lienholder having the property in or title to a motorboat.
    2. “Owner” includes a person entitled to the use or possession of a motorboat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but “owner” excludes a lessee under a lease not intended as security;
  8. “Person” means an individual, partnership, firm, corporation, association, or other entity;
  9. “Personal watercraft” means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel;
  10. “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation;
    1. “Water sport activity” means an activity that involves a person being towed by a motorboat, personal watercraft, or other vessel in waters of this state.
    2. “Water sport activity” shall include, but not be limited to, any of the following activities:
      1. Barefooting;
      2. Wake boarding;
      3. Wake surfing;
      4. Water skiing;
      5. Water sledding; or
      6. Water tubing.
    3. “Water sport activity” does not include organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions; and
    1. “Waters of this state” means any public waters within the territorial limits of the State of Arkansas.
    2. However, waters that are confined within a pond, tank, or lake, situated entirely on the premises of a single owner, and that except under abnormal flood conditions are in no way connected by water or with any other flowing stream or body of water or with any other body of water not situated on the premises of the owner are declared to be privately owned waters and shall not be construed to be waters of this state.

History. Acts 1959, No. 453, § 2; 1961, No. 423, § 1; 1973, No. 395, § 1; A.S.A. 1947, §§ 21-222, 21-248; Acts 1987, No. 122, §§ 1, 7; 1995, No. 517, § 1; 2003, No. 1774, § 2; 2005, No. 1297, § 1; 2019, No. 733, §§ 6, 7.

Amendments. The 2019 amendment deleted the definition for “Commission” and added the definition for “Certificate of number”.

27-101-104. Penalties.

History. Acts 1959, No. 453, § 20; A.S.A. 1947, § 21-240; Acts 1995, No. 517, § 2.

27-101-105. Enforcement — Failure to obey officer.

History. Acts 1959, No. 453, § 19; 1963, No. 140, § 4; A.S.A. 1947, § 21-239; Acts 1987, No. 122, § 5; 1993, No. 458, § 1; 1995, No. 517, § 3; 1999, No. 146, § 1; 2003, No. 1774, § 3; 2019, No. 910, § 5732.

Amendments. The 2019 amendment substituted “Department of Parks, Heritage, and Tourism” for “Department of Parks and Tourism” in (a)(1)(B).

Research References

U. Ark. Little Rock L. Rev.

Christian Harrod, Note: Constitutional Law—Fourth Amendment—State v. Allen: An Effective Alternative to Unconstitutional “Safety Checks” on the State’s Waters, 38 U. Ark. Little Rock L. Rev. 105 (2015).

Case Notes

Review.

Defendant's argument that this section violated the Fourth Amendment to the United States Constitution and Ark. Const. Art. II, § 15 was not preserved for appeal because defendant never raised his argument regarding the constitutionality of the statute before the trial court; because defendant failed to raise his constitutional arguments below, the court of appeals could not consider them on appeal. Brewer v. State, 2010 Ark. App. 275 (2010).

Stop Valid.

Trial court did not err in denying defendant's motion to suppress evidence an officer seized after he stopped defendant's boat because the stop of was valid since the actions of defendant's passenger gave the officer probable cause to believe that a violation of § 27-101-202(9) had occurred; there was no indication from the record that the stop was prompted by anything other than the perceived violation by the boat's passenger, and because the stop of defendant's boat was valid, it was then permissible for the officer to investigate further the indications of intoxication exhibited by defendant. Brewer v. State, 2010 Ark. App. 275 (2010).

Unconstitutional Stop.

In the absence of objective facts supporting the stop or a plan embodying explicit neutral limitations, a law-enforcement officer's practice of stopping vessels on bodies of water to perform a safety check violated the Fourth Amendment to the United States Constitution. State v. Allen, 2013 Ark. 35, 425 S.W.3d 753 (2013).

27-101-106. Jurisdiction.

Jurisdiction to try offenses under this subchapter shall be in the courts of the county where the person owning or operating the boat resides or in the county where the offense is committed or in any county through or by which the boat is being run or operated on the waters of this state at the time of the violation of this chapter.

History. Acts 1959, No. 453, § 22; A.S.A. 1947, § 21-242; Acts 2003, No. 1774, § 4.

Research References

U. Ark. Little Rock L.J.

Owen, Survey of Arkansas Law: Civil Procedure, 2 U. Ark. Little Rock L.J. 177.

Case Notes

Criminal Offenses.

This section vests jurisdiction in the circuit courts to try criminal offenses only, and the General Assembly did not intend to preempt §§ 16-58-118 [superseded] and 16-60-112 as to jurisdiction and venue for the redress of civil wrongs. Garrett v. Galloway, 263 Ark. 460, 565 S.W.2d 432 (1978).

27-101-107. Establishment of rules and regulations.

History. Acts 1959, No. 453, §§ 13, 18; A.S.A. 1947, §§ 21-233, 21-238; Acts 1987, No. 122, § 4.

27-101-108. Filing and publication of rules.

History. Acts 1959, No. 453, § 16; 1963, No. 140, § 3; A.S.A. 1947, § 21-236; Acts 2003, No. 1774, § 5; 2019, No. 315, § 3179; 2019, No. 733, § 8.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in (c); and substituted “rules” for “regulations” throughout (a) and (b).

The 2019 amendment by No. 733 inserted “and the Arkansas Motorboat Registration and Titling Act, § 27-101-1001 et seq.” in (a).

27-101-109. Remission of fines.

History. Acts 1959, No. 453, § 21; 1963, No. 140, § 5; A.S.A. 1947, § 21-241; Acts 1987, No. 122, § 6; 2003, No. 1774, § 6.

Publisher's Notes. Acts 1965, No. 442, § 1, transferred certain duties of the county clerks to the Revenue Division of the Department of Finance and Administration. See Publisher's Notes to § 27-101-303. Acts 1965, No. 442, § 1 further provided that all fees which, under the provisions of Acts 1959, No. 453, as amended, were to be retained by the respective county clerks should be deposited by the Commissioner of Revenues (now the Director of the Department of Finance and Administration) in the State Treasury as special revenues and the Treasurer of State should credit the fees to the Constitutional and Fiscal Agencies Fund to be used for the respective purposes provided by law. All fees to be credited to the Game Protection Fund under the provisions of Acts 1959, No. 453, as amended, were to be deposited by the Commissioner of Revenues with the Treasurer of State and credited to the Game Protection Fund as provided by law.

Acts 1965, No. 442, § 1, was repealed by Acts 1987, No. 122, § 8.

27-101-110. Deposit of funds in State Treasury.

History. Acts 1987, No. 122, § 2; 2003, No. 1774, § 7; 2019, No. 733, § 9; 2019, No. 910, § 4818.

Amendments. The 2019 amendment by No. 733 added the subsection designations; in (a), substituted “Except as otherwise provided in this chapter, all” for “All”, deleted “the provisions of” following “under”, and substituted “into” for “in”; and substituted “The fees collected under subsection (a) of this section” for “All these funds” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Cross References. Boating Safety Account Fund, § 19-6-453.

27-101-111. Distribution of funds.

History. Acts 1987, No. 122, § 2; 2003, No. 1774, § 8; 2019, No. 910, § 4819.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2)(C).

27-101-112. Refund of application fees.

An application fee collected by the Office of Motor Vehicle under this chapter shall be:

  1. Refunded to the applicant if the application is refused or rejected; or
    1. Refunded to the applicant if the fee was not required to be paid under this chapter.
    2. A refund shall not be issued under subdivision (2)(A) of this section if the applicant fails to submit an application for refund within six (6) months from the date the applicant paid the application fee.

History. Acts 2019, No. 733, § 10.

27-101-113. Payment by credit card.

History. Acts 2019, No. 733, § 10.

Subchapter 2 — Operation

Effective Dates. Acts 1995, No. 517, § 22: May 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the boating safety laws of the State of Arkansas are in immediate need of revision, including, increased penalties for violation of the state's boating laws; providing capacity restrictions for loading passengers and cargo on vessels; providing penalties for negligent operation of vessels; providing restrictions for personal flotation devices; providing restrictions for vessel lighting after dark; and providing procedures for investigating boating accidents. Further, it is found that operation of vessels on the waters of the state under the current laws are creating unnecessary dangers to the life and property of the citizens of this state, and that increasing the penalties for this dangerous conduct and providing the stated restrictions for vessel operators will reduce the number of accidents and injuries to persons and property on the waters of the state. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after May 1, 1995.”

Research References

ALR.

Criminal liability for injury or death caused by operation of pleasure boat. 8 A.L.R.4th 886.

Liability of owner or operator of pleasure boat for injury or death of guest passenger. 35 A.L.R.4th 104.

27-101-201. Liability of owner, renter, operator, or lessee of vessel for injury or damage — Exception.

History. Acts 1959, No. 453, § 14; A.S.A. 1947, § 21-234; Acts 2005, No. 1156, § 1; 2013, No. 221, § 1.

Amendments. The 2013 amendment added “Exception” in the section heading; in (a), substituted “caused” for “occasioned” and deleted “the provisions of” following “violating”; rewrote (d); and added (e) and made stylistic changes.

RESEARCH REFERENCES

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2005 Arkansas General Assembly, Transportation, 28 U. Ark. Little Rock L. Rev. 397.

Case Notes

Liability Not Shown.

Owner of vessel held not liable for wrongful death where passenger drowned while swimming. Williams v. Ingram, 320 Ark. 615, 899 S.W.2d 454 (1995).

27-101-202. Restrictions on manner of operation.

No person:

  1. Shall operate any motorboat or vessel or manipulate any water skis, aquaplane, personal watercraft, or similar device in a reckless or negligent manner that endangers the life, limb or property of any person, including but not limited to, weaving through congested vessel traffic, operating within one hundred feet (100') of a towboat that is underway, jumping the wake of another vessel too close to such other vessel, or when visibility around such other vessel is obstructed and swerving at the last possible moment to avoid collision shall constitute reckless operation of a vessel;
  2. Shall operate a motorboat on the waters of this state at a rate of speed that creates a hazardous wash or wake upon approaching or passing vessels including, but not limited to a wake that causes other vessels to take on water or a wake sufficient to toss occupants of other vessels about in a manner to cause injury or the risk of injury;
  3. Shall operate a motorboat upon the waters of this state within one hundred feet (100') of a designated recreation area, dock, pier, raft, float, anchored boat, dam, intake structure, or other obstruction at a speed exceeding five miles per hour (5 m.p.h.) unless a contrary speed limit shall have been established in the designated area. However, in no case shall any motor boat be driven in a manner or at a speed that exceeds the safe and reasonable limits under the existing circumstances;
  4. Shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, an aquaplane, or similar device may be affected or controlled in a way that causes the water skis, aquaplane, or similar device, or any person thereon, to collide with or strike against any object or persons;
  5. Shall operate a vessel on any waters of this state for towing a person or persons on water skis, or an aquaplane, personal watercraft, or similar device, unless there is in the vessel a person twelve (12) years of age or older in addition to the operator in a position to observe the progress of the person or persons being towed. However, if the towing boat is equipped with a wide-angle convex marine rear-view mirror in a position to observe the skiers being towed, the requirement in this subdivision (5) shall not apply;
  6. Shall operate a vessel on any waters of this state towing a person on water skis, or an aquaplane or similar device, nor shall any person engage in water skiing, aquaplaning, or similar activity at any time between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise. However, the provisions of this subdivision (6) do not apply to night water skiing or aquaplaning on controlled areas designated for those purposes where adequate lighting is provided;
  7. Shall operate any motorboat or vessel or manipulate any water skis, aquaplane, or similar device while intoxicated or under the influence of any narcotic drug, barbiturate, or marijuana or while under any physical or mental disability so as to be incapable of operating the motorboat or vessel safely under the prevailing circumstances;
  8. Shall load any vessel used on the waters of this state with passengers or cargo beyond its safe carrying capacity, as indicated on the manufacturer's capacity plate, or power any vessel with an outboard motor which exceeds the maximum horsepower rating specified by the manufacturer. In addition, no person shall load a boat without a capacity plate in a manner that is unsafe or that results in the sinking or capsizing of the boat;
  9. If operating a motorboat of twenty-six feet (26') or less in length, shall allow any person to ride or sit on the gunwales or on the decking over the bow of the vessel while underway unless the vessel is equipped with adequate guards or railing to prevent passengers from being lost overboard. However, this restriction shall not apply to persons occupying the gunwales or the decking over the bow for necessary purposes such as mooring or casting off;
  10. If owning or having control of a motorboat of ten horsepower (10 HP) or more, shall permit a person under twelve (12) years of age to operate the motorboat of ten horsepower (10 HP) or more except under the direct visible and audible supervision of a parent, guardian, or other person over seventeen (17) years of age;
  11. Shall operate any vessel or manipulate any water skis, aquaplane, personal watercraft, or similar device in a grossly negligent manner that results in serious injury or death to any person; or
  12. Shall operate a vessel upon the waters of this state in a negligent manner, including but not limited to:
    1. Inattentive operation;
    2. Failure to keep a proper lookout;
    3. Failure to observe the inland navigation rules of the road, as implemented by the United States Coast Guard; or
    4. Operating in a manner which results in a collision with another vessel or object.

History. Acts 1959, No. 453, §§ 9, 12, 17; 1961, No. 423, §§ 3, 4; 1961, No. 425, § 1; 1965, No. 408, §§ 2, 3; A.S.A. 1947, §§ 21-229, 21-232, 21-237; Acts 1987, No. 122, § 3; 1995, No. 517, §§ 4–7; 1995, No. 1077, § 1.

Research References

ALR.

Validity, Construction, and Application of Statutes Prohibiting Boating While Intoxicated, Boating While under the Influence, or the Like. 47 A.L.R.6th 107.

Case Notes

Intoxication.

Evidence held sufficient to support conviction for driving boat while intoxicated. Sparks v. State, 25 Ark. App. 190, 756 S.W.2d 911 (1988).

Although this section provides no person shall operate any motorboat while intoxicated, trial court did not abuse its discretion in excluding testimony regarding beer cans found in the water; there was no evidence that boat operator was intoxicated, and its prejudicial effect outweighed any probative value. Wade v. Grace, 321 Ark. 482, 902 S.W.2d 785 (1995).

Trial court did not err in denying defendant's motion to suppress evidence an officer seized after he stopped defendant's boat because the stop of was valid since the actions of defendant's passenger gave the officer probable cause to believe that a violation of subdivision (9) of this section had occurred; there was no indication from the record that the stop was prompted by anything other than the perceived violation by the boat's passenger, and because the stop of defendant's boat was valid, it was then permissible for the officer to investigate further the indications of intoxication exhibited by defendant. Brewer v. State, 2010 Ark. App. 275 (2010).

Lookouts.

Congress has not so preempted the field of navigation in navigable waters that its failure to enact a law requiring an additional person for a lookout prohibits the state from so providing. Parker v. Price, 241 Ark. 940, 411 S.W.2d 12 (1967).

Cited: Kubik v. Igleheart, 280 Ark. 310, 657 S.W.2d 545 (1983).

27-101-203. Equipment requirements — Definition.

History. Acts 1959, No. 453, §§ 5, 8; 1961, No. 423, §§ 2, 4; 1965, No. 408, § 1; A.S.A. 1947, §§ 21-225, 21-228, 21-237; Acts 1995, No. 517, §§ 9, 10; 2003, No. 127, § 1; 2005, No. 1297, § 2; 2015, No. 694, § 1; 2019, No. 315, § 3180.

Amendments. The 2015 amendment rewrote (a)(1)(A); inserted (a)(1)(B) and (a)(1)(C), and redesignated the remaining subdivisions accordingly; and substituted “United States Coast Guard-approved” for “type IV” in (a)(1)(F).

The 2019 amendment, in (a)(1)(E), deleted “and regulations” following “rules” twice, and deleted “or regulation” following “rule” in the last sentence.

27-101-204. Duties of boat livery owner.

History. Acts 1959, No. 453, § 7; A.S.A. 1947, § 21-227; Acts 1995, No. 517, § 11; 2009, No. 647, § 1.

Amendments. The 2009 amendment, in (a), deleted “which is designed or permitted by him or her to be operated as a motorboat” following “any vessel” in (a)(1), and substituted “of the vessel if the vessel is designed or permitted to be operated as a motorboat” for “thereof” in (a)(2); and rewrote (c), which read: “Neither the owner of a boat livery nor his or her agent or employee shall permit any motorboat or any vessel designed or permitted by him or her to be operated as a motorboat to depart from his or her premises unless it shall have been provided, either by owner or renter, with the equipment required pursuant to § 27-101-203(a) and any rules and regulations made pursuant thereto.”

27-101-205. Collision or accident.

History. Acts 1959, No. 453, §§ 10, 11; A.S.A. 1947, §§ 21-230, 21-231; Acts 1995, No. 517, § 12; 2009, No. 693, § 2; 2013, No. 361, § 21; 2015, No. 299, § 36; 2015, No. 694, § 2.

Amendments. The 2009 amendment inserted (c) and redesignated the remaining subsections accordingly.

The 2013 amendment, in (c), substituted “barbiturate” for “barbituate,” inserted “saliva” twice, and substituted “alcohol concentration” for “alcohol.”

The 2015 amendment by No. 299 rewrote (c).

The 2015 amendment by No. 694 substituted “two thousand dollars ($2,000)” for “five hundred dollars ($500)” in (b).

27-101-206. Law enforcement vessels exempt from § 27-101-202.

Law enforcement vessels while being used in the enforcement of this chapter shall be exempt from the provisions of § 27-101-202; however, this exemption does not relieve the operator of the responsibility to operate his or her vessel in a reasonable and prudent manner that does not endanger life, limb, or property.

History. Acts 1995, No. 517, § 8.

27-101-207. Liability insurance required — Definition.

History. Acts 1999, No. 468, § 1; 2001, No. 1704, § 1; 2011, No. 728, §§ 1, 2; 2013, No. 1468, § 1.

Amendments. The 2011 amendment deleted “authorized to do business in this state” at the end of (a)(1)(A); redesignated the introductory language of (a)(2) and (a)(2)(A) as present (a)(2) and deleted (a)(2)(B); and substituted “if the motorboat or personal watercraft is involved in an accident” for “when requested by a law enforcement officer” in (b)(1)(A).

The 2013 amendment, in (b)(1)(A), substituted “If the motorboat or personal watercraft is involved in an accident, failure” for “Failure” and “required by subdivision (a)(1) of this section” for “if the motorboat or personal watercraft is involved in an accident” and deleted “liability” preceding “insurance”; inserted “or a copy of a policy declaration page or other documentation in an acceptable electronic format” in (b)(1)(B)(i); added (b)(1)(B)(iii) and (iv).

Cross References. Program of boater training and boater safety, § 27-101-501.

Subchapter 3 — Motorboat Registration and Numbering

Effective Dates. Acts 1987 (1st Ex. Sess.), No. 46, § 3: June 19, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that confusion now exists on a large scale concerning the numbering of motorboats and non-compliance with federal law is a problem; that the clarification made by this Act is immediately needed to eliminate said confusion and any resulting harmful effects on the public peace, health, safety and welfare. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 517, § 16: Jan. 1, 1996.

Acts 1995, No. 517, § 22: May 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the boating safety laws of the State of Arkansas are in immediate need of revision, including, increased penalties for violation of the state's boating laws; providing capacity restrictions for loading passengers and cargo on vessels; providing penalties for negligent operation of vessels; providing restrictions for personal flotation devices; providing restrictions for vessel lighting after dark; and providing procedures for investigating boating accidents. Further, it is found that operation of vessels on the waters of the state under the current laws are creating unnecessary dangers to the life and property of the citizens of this state, and that increasing the penalties for this dangerous conduct and providing the stated restrictions for vessel operators will reduce the number of accidents and injuries to persons and property on the waters of the state. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after May 1, 1995.”

Acts 2003, No. 1774, § 17: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the discharge of untreated sewage from vessels into waters of the State of Arkansas poses a serious threat to the public health and the environment; that such a serious threat needs to be rectified immediately; and that this act improves the state's ability to enforce laws relative to marine sanitation. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-101-301. Identifying number required.

Every motorboat on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat on the waters of this state unless:

  1. The motorboat is numbered:
    1. In accordance with this subchapter; or
    2. In accordance with applicable federal law; or
    3. In accordance with a federally approved numbering system of another state; and
    1. The certificate of number awarded to the motorboat is in full force and effect; and
    2. The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat.

History. Acts 1959, No. 453, § 3; A.S.A. 1947, § 21-223.

27-101-302. Exceptions — Dealer's permit.

A motorboat shall not be required to be numbered under this subchapter if it is:

  1. Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, provided that the boat has not been within this state for more than ninety (90) consecutive days;
  2. A motorboat from a country other than the United States temporarily using the waters of this state;
  3. A motorboat whose owner is the United States, a state, or a subdivision of a state;
  4. A ship's lifeboat;
    1. A motorboat used for demonstration purposes or testing purposes only by a recognized motorboat dealer or manufacturer or agent to promote the sale or development of the motorboat.
    2. All motorboat dealers or manufacturers wishing to obtain the benefits of this subdivision (5) shall obtain a permit from the Revenue Division of the Department of Finance and Administration to operate as a motorboat dealer or manufacturer and for each annual license period shall pay a fee of two dollars ($2.00) for the permit.
    3. The division may issue, subject to the rules of the Arkansas State Game and Fish Commission, to a motorboat dealer or manufacturer an identifying certificate of number and require the attachment or display of the number on both sides of the bow of any motorboat used for demonstration or testing purposes while the motorboat is being operated for demonstration or testing purposes on the waters of this state; or
  5. A newly purchased motorboat that is operated for a period not to exceed twenty (20) working days from the date of purchase, provided that the owner or operator of the motorboat has aboard the vessel the bill of sale or acceptable proof of purchase indicating the date of purchase, the name and address of the owner, and description and hull identification number of the vessel.

History. Acts 1959, No. 453, § 6; 1963, No. 140, § 2; A.S.A. 1947, § 21-226; Acts 1995, No. 517, § 13; 2011, No. 900, § 1; 2013, No. 220, § 1.

Amendments. The 2011 amendment deleted former (5) and redesignated the following subdivision accordingly.

The 2013 amendment added “Dealer's permit” in the section heading; substituted “of a state” for “thereof” in (3); and inserted present (5) and redesignated former (5) as (6).

Cross References. Licenses and permits, removal of disqualification for criminal offenses, § 17-1-103.

27-101-303. Establishment of system — Distribution.

History. Acts 1959, No. 453, § 4; 1963, No. 140, §§ 1, 2; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 2019, No. 910, § 4820.

Publisher's Notes. Acts 1965, No. 442, §§ 1, 2, transferred the duties of county clerks with respect to issuance and renewal of identification numbers for motorboats to the various county offices of the State Revenue Department, now the Revenue Division of the Department of Finance and Administration.

Acts 1965, No. 442, § 1 was repealed by Acts 1987, No. 122, § 8.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d).

27-101-304. Filing of application — Issuance of certificate — Definition.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 1987 (1st Ex. Sess.), No. 46, § 1; 1995, No. 517, § 14; 1999, No. 468, § 2; 2001, No. 462, § 3; 2003, No. 220, § 1; 2013, No. 1468, § 2; 2015, No. 694, § 3; 2019, No. 733, §§ 11, 12; 2019, No. 910, §§ 4821-4823.

Amendments. The 2013 amendment inserted “of insurance establishing” in (b); and added (c)(2).

The 2015 amendment inserted “verification of the hull identification number” in (b); inserted (c) and (d), redesignated the remaining subsections accordingly; corrected internal references and made stylistic changes.

The 2019 amendment by No. 733, in (b), deleted “shall be” preceding “accompanied by”, inserted “proof the motorboat is listed for assessment, proof of payment of require personal property taxes”, and deleted “by” preceding “proof”; and rewrote (e) and (f).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (e)(1) and (f)(2).

U.S. Code. 33 C.F.R. Part 181, Subpart C, referred to in this section, is codified as 33 C.F.R. § 181.21 et seq.

27-101-305. Display of number.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 1987 (1st Ex. Sess.), No. 46, § 1; 2019, No. 315, § 3181; 2019, No. 910, § 4824.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(2).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-101-306. Numbering period — Expiration — Renewal.

Fee Category 3 Years Vessels less than sixteen feet (16') in length $ 7.50 Vessels sixteen feet (16') to less than twenty-six feet (26') 15.00 Vessels twenty-six feet (26') to less than forty feet (40') 51.00 Vessels forty feet (40') or more 105.00

Click to view table.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; 1975, No. 237, §§ 1, 2; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 1995, No. 517, §§ 15, 16; 1999, No. 468, § 3; 2003, No. 1774, § 9; 2019, No. 733, § 13; 2019, No. 910, § 4825.

Amendments. The 2019 amendment by No. 733 rewrote (g).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b); and substituted “secretary” for “director” in (c).

27-101-307. Registration after purchase of an outboard motor.

When a motorboat is licensed pursuant to this subchapter, if the owner has since the previous registration of a boat purchased an outboard motor for use on the boat, then as a condition of registering the boat, the owner shall furnish the serial number of the motor to the Revenue Division of the Department of Finance and Administration.

History. Acts 1973, No. 395, § 2; A.S.A. 1947, § 21-249.

27-101-308. Reciprocity.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224.

27-101-309. Change of boat ownership.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 1995, No. 517, § 17; 2001, No. 462, § 4; 2019, No. 733, § 14; 2019, No. 910, § 4826.

Amendments. The 2019 amendment by No. 733 substituted “procedure and fees under § 27-101-304 shall apply” for “for transfer of the certificate of number shall be accompanied by a fee of two dollars ($2.00)” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-101-310. Destroyed or abandoned boats.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224; Acts 1987, No. 122, § 2; 2003, No. 1774, § 10; 2019, No. 910, § 4827.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b).

27-101-311. Public records.

All records of the Revenue Division of the Department of Finance and Administration and of the Arkansas State Game and Fish Commission made or kept pursuant to this subchapter shall be public records.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224.

27-101-312. Registration forms and certificates.

All necessary registration certificates and other forms required by this chapter shall be furnished to the Revenue Division of the Department of Finance and Administration by the Arkansas State Game and Fish Commission.

History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947, § 21-224.

27-101-313. Certificate of number with beneficiary — Definitions.

History. Acts 2011, No. 335, § 5.

27-101-314. Obligations of certificate of number holders.

History. Acts 2019, No. 733, § 15.

Subchapter 4 — Funds — Marine Sanitation

Effective Dates. Acts 1999, No. 1101, § 13: Apr. 5, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the discharge of untreated sewage from boats into impounded waters of the State of Arkansas poses a serious threat to the public health and the environment; that such a serious threat needs to be rectified immediately; that this act improves the state's ability to enforce laws relative to marine sanitation. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2003, No. 1774, § 17: Apr. 22, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the discharge of untreated sewage from vessels into waters of the State of Arkansas poses a serious threat to the public health and the environment; that such a serious threat needs to be rectified immediately; and that this act improves the state's ability to enforce laws relative to marine sanitation. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-101-401 — 27-101-404. [Repealed.]

Publisher's Notes. These sections, concerning definitions, penalties, powers and duties of the State Board of Health, and discharge of marine sewage, were repealed by Acts 2001, No. 1608, § 1. The sections were derived from the following sources:

27-101-401. Acts 1965, No. 147, § 1; A.S.A. 1947, § 21-243; Acts 1999, No. 1101, § 1.

27-101-402. Acts 1965, No. 147, § 5; A.S.A. 1947, § 21-247; Acts 1999, No. 1101, § 2.

27-101-403. Acts 1965, No. 147, § 4; A.S.A. 1947, § 21-246; Acts 1999, No. 1101, § 3.

27-101-404. Acts 1965, No. 147, § 2; A.S.A. 1947, § 21-244; Acts 1999, No. 1101, § 4.

27-101-405. Marine Sanitation Advisory Committee.

History. Acts 1965, No. 147, § 3; A.S.A. 1947, § 21-245; Acts 1999, No. 1101, § 5; 2001, No. 1608, § 2; 2015, No. 1100, §§ 65, 66; 2017, No. 540, § 54; 2019, No. 910, §§ 3263, 5120.

Amendments. The 2015 amendment rewrote (a)(3); deleted former (a)(4) and (a)(5) and redesignated the remaining subdivisions accordingly; rewrote (b)(1); substituted “and (a)(4)” for “and (a)(6)” in (b)(2); and added (h).

The 2017 amendment substituted “seven (7) members” for “thirteen (13) members” in the introductory language of (a) and rewrote the rest of (a); rewrote (b)(1) and (b)(2); substituted “three (3)” for “five (5)” in (e)(3); substituted “Four (4)” for “Seven (7)” in (f); and substituted “(a)(2)” for “(a)(3)” in (h).

The 2019 amendment, in (a)(2), substituted “Secretary of the Department of Health” for “Director of the Department of Health” and “Division of Environmental Quality” for “Arkansas Department of Environmental Quality”.

27-101-406. [Repealed.]

Publisher's Notes. This section, concerning permits and fees, was repealed by Acts 2003, No. 1774, § 12. The section was derived from Acts 1999, No. 1101, § 7.

27-101-407. Owners and operators of commercial boating facilities, docks, and marinas.

History. Acts 1999, No. 1101, § 8; 2001, No. 1608, § 3; 2003, No. 1774, § 13.

27-101-408. Marine sanitation funds.

History. Acts 1999, No. 1101, § 9; 2003, No. 1774, § 14; 2019, No. 315, § 3182.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

27-101-409. Powers and duties of the Marine Sanitation Advisory Committee.

The Marine Sanitation Advisory Committee may, subject to the availability of funding:

History. Acts 1999, No. 1101, § 6; 2001, No. 1608, § 4; 2019, No. 315, § 3183.

Amendments. The 2019 amendment inserted “rules and” in (a).

27-101-410. Cooperation with federal agencies.

The Department of Health, the Division of Environmental Quality, and the Arkansas State Game and Fish Commission shall pursue cooperative agreements with all appropriate federal agencies to ensure the proper disposal of marine sewage in Arkansas.

History. Acts 2001, No. 1608, § 5; 2019, No. 910, § 3264.

Amendments. The 2019 amendment substituted “Division of Environmental Quality” for “Arkansas Department of Environmental Quality”.

27-101-411. Marine sewage discharge prohibitions — Marine sanitation device requirements.

History. Acts 2003, No. 1774, § 15.

27-101-412. Sewage disposal by commercial boating facilities, docks, and marinas.

History. Acts 2003, No. 1774, § 15.

27-101-413. Department of Health — Powers and duties.

The Department of Health shall:

  1. Administer and enforce all laws, rules, and regulations to the extent permitted by federal law and in accordance with applicable regulations that are adopted by the United States Coast Guard and the United States Environmental Protection Agency and that relate to marine toilet facilities, marine sanitation devices, and unlawful discharge of marine sewage from vessels into waters of this state;
  2. Enter at all reasonable times in or upon any vessel for the purpose of inspecting and investigating conditions relating to marine toilet facilities, marine sanitation devices, and unlawful discharge of marine sewage from vessels into waters of this state;
  3. Adopt rules that are consistent with applicable federal law after consultation with the Marine Sanitation Advisory Committee and that are deemed necessary to carry out the provisions of this subchapter;
  4. Bring any appropriate action in court in the name of the State of Arkansas that is necessary to carry out the provisions of this subchapter; and
  5. Make, issue, modify, and revoke orders prohibiting or abating the unlawful discharge of marine sewage from vessels into waters of this state.

History. Acts 2003, No. 1774, § 15; 2019, No. 315, §§ 3184, 3185.

Amendments. The 2019 amendment inserted “rules” in (1); and substituted “rules” for “regulations” in (3).

27-101-414. Penalties.

History. Acts 2003, No. 1774, § 15; 2019, No. 315, §§ 3186, 3187.

Amendments. The 2019 amendment substituted “rule” for “regulation” in (a) and (b)(1).

Subchapter 5 — Boater Safety

A.C.R.C. Notes. References to “this chapter” in Subchapters 1-4 may not apply to this subchapter which was enacted subsequently.

27-101-501. Program of boater training and boater safety — Boater education certificate.

History. Acts 1997, No. 824, § 1; 2009, No. 693, § 2; 2017, No. 1072, §§ 1, 2.

Amendments. The 2009 amendment subdivided (b), inserted “Beginning January 1, 2010” in the introductory language of (b)(2), inserted (b)(2)(A)(ii) and (b)(2)(B), and substituted “motorboats, personal watercraft” for “boats” in (b)(2)(A)(i); subdivided (d)(1), inserted “or personal watercraft” or similar language in (d)(1) and (d)(4), inserted “and examination under subdivision (b)(2) of this section to obtain a permanent boater education certificate” in (d)(1)(A), substituted “a motorboat or personal watercraft” for “boats” and inserted “and examination” in (d)(2), and inserted (d)(5); and made related and minor stylistic changes.

The 2017 amendment deleted “Beginning January 1, 2010” at the beginning of (b)(2); rewrote (b)(2)(A)(ii); substituted “An online or written” for “A written” in (b)(2)(B)(i); rewrote (d)(1); deleted former (d)(4) and (d)(5); and made stylistic changes.

Cross References. Liability insurance for certain motorboats and personal watercraft, § 27-101-207.

27-101-502. Electronic proof of boater education — Definition.

History. Acts 2013, No. 436, § 1; 2019, No. 315, § 3188.

Amendments. The 2019 amendment inserted “rule” in (b).

Subchapter 6 — Personal Watercraft

A.C.R.C. Notes. References to “this chapter” in Subchapters 1-4 may not apply to this subchapter which was enacted subsequently.

27-101-601. Definitions.

As used in this subchapter, “personal watercraft” means a vessel less than sixteen feet (16') in length propelled by a water jet pump or other machinery as its primary source of motor propulsion and which is designed to be operated by a person sitting, standing, or kneeling thereon rather than being operated by a person sitting or standing inside the vessel.

History. Acts 1999, No. 756, § 1.

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

27-101-602. Regulation of personal watercraft.

History. Acts 1999, No. 756, § 2; 2009, No. 693, § 3; 2015, No. 694, § 4.

Amendments. The 2009 amendment, in (d), substituted “sixteen (16)” for “fourteen (14)” in the introductory language, inserted (d)(1)(A), (d)(1)(B), and (d)(2)(A), redesignated the remaining subdivisions accordingly, and made related changes.

The 2015 amendment rewrote (a)(1).

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

27-101-603. Towing water skiers.

History. Acts 1999, No. 756, § 4.

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

27-101-604. Regulation of personal watercraft liveries.

History. Acts 1999, No. 756, § 5; 2019, No. 315, § 3189.

Amendments. The 2019 amendment inserted “and rules” in (c).

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

27-101-605. Exemptions.

History. Acts 1999, No. 756, § 3.

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

27-101-606. Penalties.

Each violation of this subchapter shall be punishable by a fine not less than fifty dollars ($50.00) nor more than one hundred dollars ($100), except that the fine for violating § 27-101-602(e) shall be no less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250).

History. Acts 1999, No. 756, § 8.

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

27-101-607. Scope.

The provisions of this subchapter shall be supplemental and in addition to any other laws, rules, or regulations relating to boats or other watercraft.

History. Acts 1999, No. 756, § 6; 2019, No. 315, § 3190.

Amendments. The 2019 amendment inserted “rules” in the text.

Research References

ALR.

Validity, construction, and application of state statutes and local ordinances governing personal watercraft use. 118 A.L.R. 5th 347.

Subchapter 7 — Boat Identification Act

A.C.R.C. Notes. References to “this chapter” in subchapters 1-4 may not apply to this subchapter which was enacted subsequently.

27-101-701. Title.

This subchapter shall be known and may be cited as the “Boat Identification Act”.

History. Acts 2005, No. 1457, § 1.

27-101-702. Definitions.

As used in this subchapter:

    1. “Boat identification number” means a number assigned to boating equipment by the manufacturer of the boating equipment or the Boating Law Administrator of the Arkansas State Game and Fish Commission.
    2. “Boat identification number” shall include the following:
      1. A hull identification number;
      2. An outboard motor serial number;
      3. Any other number placed on a piece of boating equipment under assignment from the office; or
      4. Any other distinguishing number or mark assigned to a piece of boating equipment by the manufacturer for identification purposes; and
  1. “Boating equipment” means:
    1. A motorboat, personal watercraft, or other vessel as defined under § 27-101-103; or
    2. An outboard motor.

History. Acts 2005, No. 1457, § 1.

27-101-703. Boating equipment without boating identification numbers.

History. Acts 2005, No. 1457, § 1.

27-101-704. Altering or changing boating identification numbers.

History. Acts 2005, No. 1457, § 1.

27-101-705. Mutilation of boating identification numbers.

History. Acts 2005, No. 1457, § 1.

Subchapter 8 — Boat Dock and Marina Safety

A.C.R.C. Notes. Acts 2011, No. 571, § 1, provided:

“The General Assembly finds:

“(1) Arkansas is known for its beautiful and abundant lakes and rivers, which provide a draw for tourism and a boost for our economy;

“(2) Our lakes and rivers should be a safe place for children and families to enjoy;

“(3) There have been cases recently where children have died because the water where they were swimming was electrified by the ungrounded and improper connection of electricity to boat docks and marinas;

“(4) Electricity and water create a deadly combination that can paralyze a swimmer which can result in the swimmer drowning, and children who are swimming are particularly vulnerable to electrocution and shock in the water; and

“(5) Bringing boat docks and marinas up to the National Fire Protection Association Standards for Marinas and Boatyards and the National Electric Code is necessary for the protection and safety of all of those who enjoy our lakes and rivers for recreation and to protect our tourism industry.”

27-101-801. Title.

This subchapter shall be known as the “Boat Dock and Marina Safety Law”.

History. Acts 2011, No. 571, § 2.

27-101-802. Definitions.

As used in this subchapter:

  1. “Boat dock” means a man-made structure that:
    1. Protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation; and
    2. Is connected to an electric power source in any way; and
  2. “Marina” means a dock or basin that:
    1. Provides moorings for motorboats and offers supply, repair, or other services for remuneration; and
    2. Is connected to an electric power source in any way.

History. Acts 2011, No. 571, § 2.

27-101-803. Minimum electrical standards.

The owner and operator of a boat dock or marina in the state shall install and maintain electrical wiring in accordance with NFPA 303, the National Fire Protection Association Standard for Marinas and Boatyards, and NFPA 70, the National Fire Protection Association National Electrical Code(R), to prevent shock, electrocution, or injury to users of the facility and swimmers in the surrounding area.

History. Acts 2011, No. 571, § 2.

27-101-804. Signage.

History. Acts 2011, No. 571, § 2.

27-101-805. Admissibility in civil matters.

The violation of this subchapter is admissible in a civil action against the owner or operator of a boat dock or marina if the violation results in bodily injury to or the death of a person.

History. Acts 2011, No. 571, § 2.

Subchapter 9 — Arkansas Paddlesport Activities Act

27-101-901. Title.

This subchapter shall be known and may be cited as the “Arkansas Paddlesport Activities Act”.

History. Acts 2013, No. 221, § 2.

27-101-902. Definitions.

As used in this subchapter:

  1. “Canoe” means a watercraft that has an open top and is designed to hold one (1) or more participants;
  2. “Canoeing, rafting, kayaking, or tubing” means riding, training, using, paddling, or being a passenger in or on a canoe, kayak, raft, or tube, including a person assisting a participant;
  3. “Equipment” means an accessory to a watercraft that is used for propulsion, safety, comfort, or convenience, including without limitation paddles, oars, and personal flotation devices;
  4. “Inherent risk of paddlesport activity” means the dangers, hazards, or conditions that are an integral part of paddlesport activities in the free-flowing streams or rivers of this state, including without limitation:
    1. A risk typically associated with watercraft, including change in water flow or current, submerged, semisubmerged, and overhanging objects, capsizing, swamping, or sinking of watercraft and resultant injury, hypothermia, or drowning;
    2. Cold weather- or heat-related injuries and illnesses, including hypothermia, frostbite, heat exhaustion, heat stroke, and dehydration;
    3. An act of nature, including without limitation rock fall, inclement weather, thunder and lightning, severe or varied temperature, weather conditions, winds, and tornadoes;
    4. Operator error or equipment failure due to operator error;
    5. Attack or bite by an animal;
    6. The aggravation of an injury or illness because the injury or illness occurred in a remote place where medical facilities are not available; and
    7. Nothing in this subsection is intended to circumvent an outfitter's duty to provide safe equipment and watercraft;
  5. “Kayak” means a watercraft similar to a canoe with a covered top that may have more than one (1) circular opening to hold participants or is designed to permit a participant to sit on top of an enclosed formed seat;
  6. “Outfitter” means an individual, group, club, partnership, corporation, or business entity, whether or not operating for profit, or an employee or authorized agent, which sponsors, organizes, rents, or provides to the public the use of a watercraft by a participant in a free-flowing stream or river in this state;
  7. “Paddlesport activity” means canoeing, rafting, kayaking, or tubing in or on a watercraft as a:
    1. Competition, exercise, or undertaking that involves a watercraft;
    2. Training or teaching activity; or
    3. Ride, trip, tour, or other activity, however informal or impromptu, whether or not a fee is paid, or guided or not, that is sponsored by an outfitter;
  8. “Participant” means a person, whether amateur or professional, whether or not a fee is paid, who rents, leases, or uses watercraft or is a passenger on a rented, leased, or used watercraft participating in a paddlesport activity;
  9. “Raft” means an inflatable watercraft that has an open top and is designed to hold one (1) or more participants;
  10. “Tube” means an inflatable tire inner tube or similar inflatable watercraft that has an open top capable of holding one (1) or more participants; and
  11. “Watercraft” means a canoe, kayak, raft, or tube propelled by the use of paddles, oars, hands, poles, or other nonmechanical or nonmotorized means of propulsion.

History. Acts 2013, No. 221, § 2.

27-101-903. Assumption of risk by participant — Liability of outfitter — Exceptions.

History. Acts 2013, No. 221, § 2.

27-101-904. Warning required.

An outfitter shall post and maintain signage in a clearly visible location at or near areas where the outfitter conducts paddlesport activities and in black letters at least one inch (1") high containing the following warning:

“WARNING — Under Arkansas law, an outfitter is not liable for the injury or death of a participant in a paddlesport activity resulting from the inherent risk of paddlesport activity under the Arkansas Paddlesport Activities Act, Arkansas Code § 27-101-901 et seq. You are assuming the risk of participating in a paddlesport activity.”

History. Acts 2013, No. 221, § 2.

Subchapter 10 — Arkansas Motorboat Registration and Titling Act

27-101-1001. Title and purpose.

History. Acts 2019, No. 733, § 16.

27-101-1002. Application, exclusions, and limitations.

History. Acts 2019, No. 733, § 16.

27-101-1003. Registration and titling requirements generally.

It is a Class A misdemeanor for a person to operate upon the waters of this state a motorboat of a type required to be titled under this subchapter that is not registered with a certificate of number under § 27-101-301 et seq., or for which a certificate of title, if applicable, has not been issued or applied for, or for which all required fees have not been paid when and as required under this chapter.

History. Acts 2019, No. 733, § 16.

27-101-1004. Application for certificate of title.

History. Acts 2019, No. 733, § 16.

Cross References. State Police Retirement Fund, § 24-6-206.

27-101-1005. Lost or damaged certificates.

History. Acts 2019, No. 733, § 16.

27-101-1006. Grounds for refusing certificate of number or certificate of title.

A certificate of number or transfer of a certificate of number shall not be issued under § 27-101-301 et seq., nor shall a certificate of title be issued under this subchapter, if:

  1. The Office of Motor Vehicle has been provided with information leading the office to reasonably believe that the relevant application contains any false or fraudulent statement;
  2. The applicant fails to furnish required information or reasonable additional information requested by the office;
  3. The office has reasonable grounds to believe that the motorboat is stolen or embezzled or that the granting of a certificate of number, the issuance of a certificate of title, or the transfer of a certificate of number would constitute a fraud against the rightful owner or other person having a valid lien upon the motorboat; or
  4. All the required fees have not been paid.

History. Acts 2019, No. 733, § 16.

27-101-1007. Submission and receipt of reports and checking applications against indexes.

History. Acts 2019, No. 733, § 16.

27-101-1008. Organization of records.

The Office of Motor Vehicle shall file each application received and issue a certificate of title if all the requirements are properly satisfied and shall register the motorboat with a certificate of number and keep a record of the application by suitable methods ensuring the records will be available as follows:

  1. Under a distinctive certificate of number assigned to the motorboat;
  2. Alphabetically, under the name of the owner;
  3. Under the hull identification number, if available, otherwise any other identifying number of the motorboat; and
  4. In any other manner to be decided at the discretion of the office.

History. Acts 2019, No. 733, § 16.

27-101-1009. Issuance of certificate of title.

History. Acts 2019, No. 733, § 16.

27-101-1010. Certificate of title not renewed.

A certificate of title shall remain valid until cancellation by the Office of Motor Vehicle for cause or when a transfer in interest of the motorboat occurs.

History. Acts 2019, No. 733, § 16.

27-101-1011. Expiration of certificate of title.

History. Acts 2019, No. 733, § 16.

27-101-1012. Hull identification number verification.

History. Acts 2019, No. 733, § 16.

27-101-1013. Certificate of title with beneficiary — Definitions.

History. Acts 2019, No. 733, § 16.

27-101-1014. Liens invalid without compliance.

A conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance, or title retention instrument upon a motorboat, other than a lien dependent upon possession, is not valid against the creditors of an owner acquiring a lien by levy or attachment or subsequent purchasers or encumbrances, with or without notice, until the requirements of this subchapter have been satisfied.

History. Acts 2019, No. 733, § 16.

27-101-1015. Instruments and jurisdiction.

History. Acts 2019, No. 733, § 16.

27-101-1016. Statement of liens — Issuance.

Upon receipt of an application for a certificate of title accompanied by the documents and fees required under this subchapter, the Office of Motor Vehicle shall:

  1. File the application and documents with the date and hour the application and documents were received noted on the application; and
  2. If the application requirements are properly satisfied, issue a new certificate of title in the name of the owner and a statement of all liens or encumbrances certified to the office existing against the motorboat.

History. Acts 2019, No. 733, § 16.

27-101-1017. Filing as constructive notice.

History. Acts 2019, No. 733, § 16.

27-101-1018. Optional means of recording.

History. Acts 2019, No. 733, § 16.

27-101-1019. Methods exclusive — Exception.

History. Acts 2019, No. 733, § 16.

27-101-1020. Misdemeanor and penalty.

History. Acts 2019, No. 733, § 16.

27-101-1021. Obligations of transferee — Definition.

History. Acts 2019, No. 733, § 16.

27-101-1022. Transfer by operation of law.

History. Acts 2019, No. 733, § 16.

27-101-1023. Assignment without consent of owner.

History. Acts 2019, No. 733, § 16.

27-101-1024. Release of lien by lienholder — Disclosure of information — Definition.

History. Acts 2019, No. 733, § 16.

27-101-1025. Reregistration and issuance of a new title — Filing.

History. Acts 2019, No. 733, § 16.

27-101-1026. Transferor not liable for negligent operation.

History. Acts 2019, No. 733, § 16.

27-101-1027. Notice of sale or transfer.

History. Acts 2019, No. 733, § 16.

27-101-1028. Time requirements for payment of lien or encumbrance — Definitions.

History. Acts 2019, No. 733, § 16.

27-101-1029. Fees.

History. Acts 2019, No. 733, § 16.

27-101-1030. Rules.

The Secretary of the Department of Finance and Administration may promulgate rules for the administration of this subchapter.

History. Acts 2019, No. 733, § 16.

Chapter 102 Salvage From Waterways

Research References

Am. Jur. 68 Am. Jur. 2d, Salvage, § 1 et seq.

Ark. L. Rev.

Lex Aquae Arkansas, 27 Ark. L. Rev. 429.

C.J.S. 78 C.J.S., Salvage, § 1 et seq.

27-102-101. Right to take up property lost or wrecked on river.

When any boat, vessel, raft, or other property shall be lost or wrecked and in a perishable condition upon any river in this state, or any river making a boundary of the state, any person may take up and secure it at or near the place where found.

History. Rev. Stat., ch. 134, § 1; C. & M. Dig., § 8733; Pope's Dig., § 11426; A.S.A. 1947, § 21-301.

Case Notes

Possession Rights.

In order for the salvor of a boat to retain possession of the boat until salvage is paid, the boat must have been lost or wrecked or in a perishable condition. Hightower v. Stillwell, 179 Ark. 256, 15 S.W.2d 326 (1929).

27-102-102. Owner's right to recover.

When any person shall set up a claim to salvaged property and shall prove his or her title to it by competent testimony before any justice of the peace of the proper county, the taker up shall restore the property to the owner if he or she pays the taker up a premium for salvage, at the rate of not exceeding ten percent (10%) of the value of all the property, to be adjudged by a justice of the peace of the county.

History. Rev. Stat., ch. 134, § 2; C. & M. Dig., § 8734; Pope's Dig., § 11427; A.S.A. 1947, § 21-302.

27-102-103. Right to salvage payment.

The taker up of a boat, vessel, raft, or other property shall be entitled to retain it against the rightful owner until salvage be paid, or he or she may have and maintain a civil action against the owner for the amount of salvage due in accordance with this chapter.

History. Rev. Stat., ch. 134, § 3; C. & M. Dig., § 8735; Pope's Dig., § 11428; A.S.A. 1947, § 21-303.

27-102-104. Affidavit by taker up.

When any salvaged property shall be taken up and secured, if it exceeds ten dollars ($10.00) in value, the taker up shall immediately go before a justice of the peace of the county and make an affidavit that the property was wrecked or lost and was in a perishable condition, as he or she believed, and that he or she was not instrumental, directly or indirectly, in causing the property to be so wrecked, lost, or set adrift, or placed in a perishable condition. He or she shall also state on oath an exact account of the quality and quantity of the property, the time that the property was taken up, and that he or she has not secreted or disposed of, directly or indirectly, any part thereof.

History. Rev. Stat., ch. 134, § 4; C. & M. Dig., § 8736; Pope's Dig., § 11429; A.S.A. 1947, § 21-304.

27-102-105. Advertisement of property recovered.

History. Rev. Stat., ch. 134, §§ 5-7; C. & M. Dig., §§ 8737-8739; Pope's Dig., §§ 11430-11432; A.S.A. 1947, §§ 21-305 — 21-307.

Case Notes

Notice Required.

To be entitled to salvage, a person must give statutory notice. Sullivan v. Wooldridge, 107 Ark. 256, 154 S.W. 508 (1913).

27-102-106. Salvage of rafts.

When rafts are taken up, consisting of logs, firewood, rails, or other timber, the person taking up and securing them and complying with the requisitions of this subchapter shall, on the owner's claiming them, be entitled to salvage not exceeding twenty percent (20%) of the value thereof, to be adjudged by a justice of the peace of the county.

History. Rev. Stat., ch. 134, § 8; C. & M. Dig., § 8740; Pope's Dig., § 11433; A.S.A. 1947, § 21-308.

27-102-107. Perishable property.

History. Rev. Stat., ch. 134, §§ 9-12; C. & M. Dig., §§ 8741-8743; Pope's Dig., §§ 11434-11436; A.S.A. 1947, §§ 21-309 — 21-312.

27-102-108. Property found afloat.

When boats are wrecked or staved and property is found afloat on any watercourse in this state, and the value thereof does not exceed one hundred dollars ($100), the taker up of the property shall be entitled to salvage not exceeding one-fourth (¼) part thereof for taking up and securing the property, to be adjudged by a justice of the peace of the county.

History. Rev. Stat., ch. 134, § 13; C. & M. Dig., § 8744; Pope's Dig., § 11437; A.S.A. 1947, § 21-313.

27-102-109. Vesting of ownership in taker up.

If no demand shall be made within one (1) year from the taking up of any property under this chapter and the taker up has complied with the provisions of this chapter in all respects, then the property so taken up or the proceeds when sold shall vest in the taker up.

History. Rev. Stat., ch. 134, § 14; C. & M. Dig., § 8745; Pope's Dig., § 11438; A.S.A. 1947, § 21-314.

27-102-110. Search warrant for lost property.

When any person shall make oath before any justice of the peace that he or she has lost any property by wreck or by flood, storm, or other accident, give a description of the property, and further state that he or she has reason to suspect that the property so lost is secreted in the possession or custody of any person, the justice may issue his or her warrant to the constable of the township, describing the property in the warrant, requiring the constable to search for and to take into his or her possession the property when found. If the claimant shall prove his or her title to the property thus found before the justice issuing the warrant, the justice shall cause the constable to deliver to the owner the property upon payment of the fees that may be due the justice and constable for their services, which shall be the same as for like services in ordinary cases at law.

History. Rev. Stat., ch. 134, § 15; C. & M. Dig., § 8746; Pope's Dig., § 11439; A.S.A. 1947, § 21-315.

Case Notes

Cited: Frazier v. Roberts, 310 F. Supp. 504 (E.D. Ark. 1970).

Chapters 103-113 [Reserved.]

[Reserved]

Subtitle 8. Aeronautics

Chapter 114 General Provisions

Cross References. Airport facilities generally, § 14-356-101 et seq.

27-114-101. Definitions.

As used in this subtitle, unless the context otherwise requires:

  1. “Aeronautics” means the act or practice of the art and science of transportation by aircraft and operation, construction, repair, or maintenance of aircraft, airports, landing fields, or air navigation facilities, and including repairs, packing, and maintenance of parachutes;
  2. “Air navigation facilities” shall include airports, landing fields, and water surfaces for landing aircraft and all aids to air navigation, including, but not confined to, lights, marks, structures, and electrical communicating systems;
  3. “Aircraft” means any contrivance now known or hereafter invented, used, or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment;
  4. “Airman” means an individual, including the person in command and any pilot, mechanic, or member of the crew who engages in the operation of aircraft while under way, any individual in charge of the inspecting, overhauling, or repairing of aircraft, or parachute riggers and repairmen;
  5. “Airport” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft and which provides facilities for shelter, supply, and repair of aircraft or a place used regularly for receiving or discharging passengers or cargo by air;
  6. “Civil aircraft” means aircraft not of the military or naval forces of the United States Government and aircraft not used exclusively in any governmental service of any state or country;
  7. “Civil airway” means a route in the navigable air space over or above the territory or waters of the state designated by the division as a route suitable for intrastate or interstate air commerce;
  8. “Division” means the Division of Aeronautics;
  9. “Intermediate landing field” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft, is located along any airway, and is intermediate to airports and landing fields connected by the airway but which is not equipped with facilities for shelter, supply, and repair of aircraft and is not used regularly for the receiving or discharging of passengers or cargo by air;
  10. “Landing field” means any locality, either of water or land, which is adapted for the landing and taking off of aircraft, but which is not equipped with facilities for shelter, supply, and repair of aircraft;
  11. “Navigable air space” means the air space above the minimum safe altitudes of flight prescribed by the division;
  12. “Nonresident” shall apply to any person who has no regular place of abode or business within this state for a period longer than thirty (30) days or parts thereof, not necessarily consecutive, in the calendar year;
  13. “Owner” means any person, firm, partnership, or corporation holding title to any aircraft or having legal right to register it;
  14. “Passenger” means any person riding in an aircraft but having no part in its operation;
  15. “Person” means any individual, association, copartnership, firm, company, corporation, or other association of individuals;
  16. “Pilot” means an individual who operates an aircraft in flight or while under way; and
  17. “Director” means director of the division.

History. Acts 1941, No. 457, § 1; A.S.A. 1947, § 74-101.

Research References

U. Ark. Little Rock L. Rev.

Lindsey P. Gustafson, Arkansas Airspace Ownership and the Challenge of Drones, 39 U. Ark. Little Rock L. Rev. 245 (2017).

27-114-102. Penalties.

Any person violating any of the provisions of this act shall upon conviction before a court of competent jurisdiction be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) and the cost of prosecution or undergo imprisonment for not more than thirty (30) days or suffer both fine and imprisonment. All fines collected shall be paid into the State Treasury and deposited to the credit of the Department of Arkansas State Police Fund.

History. Acts 1941, No. 457, § 17; A.S.A. 1947, § 74-117.

Meaning of “this act”. Acts 1941, No. 457, codified as §§ 27-114-10127-114-104, 27-115-10127-115-103, 27-115-10627-115-109, 27-116-101, 27-116-102, 27-116-20127-116-205, 27-116-30127-116-304.

27-114-103. Evidence — License number or identification mark.

In any proceeding for violating the provisions of this act or the rules of the Division of Aeronautics adopted pursuant to this act, the federal license number or identification mark displayed on the aircraft shall be prima facie evidence that the owner of the aircraft was operating the aircraft.

History. Acts 1941, No. 457, § 19; A.S.A. 1947, § 74-119; Acts 2019, No. 315, § 3191.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in the text.

Meaning of “this act”. See note to § 27-114-102.

27-114-104. Evidence — Certified copies of records, etc.

Any certified copies or certified photostatic copies of any records, books, papers, documents, determinations, rulings, or orders of the Arkansas Department of Aeronautics, when certified under the seal of the department, shall be acceptable as evidence in the courts.

History. Acts 1941, No. 457, § 20; A.S.A. 1947, § 74-120.

Cross References. Certified copies of public records as self-authenticating, Arkansas Rules of Evidence 902, 1005.

Hearsay exception for public records and reports, Arkansas Rules of Evidence 803.

Photographic copies of public records as evidence, § 16-46-101.

Chapter 115 Division of Aeronautics

Preambles. Acts 1967, No. 449 contained a preamble which read:

“Whereas, there are many thriving cities and towns in this State that would attract valuable industries by the construction of an airport and airport facilities; and

“Whereas, the State of Arkansas collected approximately $98,000.00 in 1966 from the three per cent (3%) Arkansas Gross Receipts Tax levied on aviation fuel sold in this State; and

“Whereas, air transportation has become increasingly important to various industries, and could, if properly developed, contribute enormously to the continued growth of the Arkansas economy;

“Now, therefore … .”

Effective Dates. Acts 1967, No. 449, § 4: Mar. 16, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that it is important to the welfare of this State that the economy of this State continue to grow at a rapid rate in order to create new jobs for the people of this State; that the building of airports and airport facilities is conducive to attracting industry to this State and with such industries will come new jobs and a new source of revenues for the State; and that in order to boost the economic growth of Arkansas and to create new jobs for the residents of this State it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1969, No. 519, § 8: became law without Governor's signature, Apr. 17, 1969. Emergency clause provided: “It is hereby found and determined that the Sixty-Seventh General Assembly has, by a vote of two-thirds of the members elected to both Houses, voted to extend the regular session of the Sixty-Seventh General Assembly, as authorized in the Constitution; that under the provisions of Amendment 7 to the Constitution, enactments of the General Assembly that do not have an emergency clause do not become effective until ninety (90) days after the date of final adjournment of the General Assembly; that the extended session of the General Assembly may not adjourn in time for this Act to take effect prior to July 1, 1969, thereby depriving the agency for which funds are appropriated herein of necessary operating funds to commence the next fiscal biennium; and in order that the appropriations made herein may be available on July 1, 1969, the General Assembly hereby determines that the immediate passage of this Act is necessary for the maintenance and operation of the essential governmental services. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval, provided that the appropriation authorized herein shall not be available until July 1, 1969.”

Acts 1977, No. 733, § 3: Mar. 24, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that it is important to the welfare of this State that the economy of this State continue to grow at a rapid rate in order to create new jobs for the people of this State; that the building of airports and airport facilities is conducive to attracting industry to this State; with such industries will come new jobs and a new source of revenues for the State; and that in order to boost the economic growth of Arkansas and to create new jobs for the residents of this State it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 474, § 4 [3]: Mar. 16, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that it is important to the welfare of this State that the economy of this State continue to grow at a rapid rate in order to create new jobs for the people of this State; that the building of airports and airport facilities is conducive to attracting industry to this State, and with such industries will come new jobs and a new source of revenues for the State; and that in order to boost the economic growth of Arkansas and to create new jobs for the residents of this State it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 691, § 19: effective on close of business June 30, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the various boards, commissions, departments, agencies, and services transferred to the Department of Commerce under the provisions of Act 38 of 1971, as amended, could perform their duties more efficiently as independent agencies; that the agencies and services consolidated within the Department of Commerce under Act 38 of 1971 are so diverse in their purposes and duties that it is difficult for the Administrator of said Department to exert leadership in the operation of such agencies and programs; and, that the abolishment of the Department of Commerce and its central services would result in financial savings which could be best used for the support and operation of other essential services of government, and that the immediate passage of this Act is necessary to provide for the repeal of the Department of Commerce and for the transition of the various departments, agencies, boards, commissions, and programs and services within said Department to an independent status, as provided herein. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect as follows: Section 15 of this Act shall be effective from and after March 1, 1983, and the remaining provisions of this Act shall be effective on the close of business June 30, 1983 and thereafter.”

Acts 1997, No. 924, § 5: July 1, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that, because of the passage of Acts 58 and 61 of the First Extraordinary Session of 1992, the Department of Aeronautics has seen its funds for grants to local airports drop dramatically; that the Department is in desperate need of new tax revenues in order to provide financial assistance to local airports in Arkansas; that this act will generate additional tax revenues to the Department of Aeronautics for those local airports; that all airports of this State should receive the financial assistance as soon as possible; and that the orderly levy and administration of this tax demands that collections should therefore begin at the commencement of the fiscal year for State government. Therefore, in order to speed the financial assistance to local airports, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1997.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

Research References

Ark. L. Rev.

Administrative Law in Arkansas, 4 Ark. L. Rev. 107.

27-115-101. Creation.

There is created a commission to be known as the “Division of Aeronautics”, which shall maintain an office in the City of Little Rock.

History. Acts 1941, No. 457, § 2; 1961, No. 155, § 1; 1965, No. 456, § 1; A.S.A. 1947, § 74-102; Acts 2019, No. 910, § 634.

Publisher's Notes. The first sentence of Acts 1983, No. 691, § 13, provided that the Department of Aeronautics and the Aeronautics Commission and its functions, powers, and duties, which had been transferred to the Department of Local Services by Acts 1975, No. 278 and subsequently transferred to the Department of Commerce by Acts 1981, No. 764, § 3, would be separated from the Department of Commerce and established as an independent agency of state government, to function in the same manner as prior to its transfer to those departments. The second sentence of § 13 of Act 691 of 1983 is codified as § 27-115-105.

Amendments. The 2019 amendment substituted “‘Division of Aeronautics’” for “‘Arkansas Department of Aeronautics’”.

27-115-102. Purpose.

The Division of Aeronautics is established and authorized to represent the State of Arkansas in the promotion and development of landing fields, airports, hangars, and other aeronautical projects and to cooperate with and secure the cooperation of the Federal Aviation Administration and any other duly authorized federal agencies interested in the development of aeronautics.

History. Acts 1941, No. 457, § 23; A.S.A. 1947, § 74-123; Acts 2019, No. 910, § 635.

Amendments. The 2019 amendment substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics”.

27-115-103. Members.

History. Acts 1941, No. 457, § 2; 1961, No. 155, § 1; 1965, No. 456, § 1; 1973, No. 64, § 1; 1985, No. 257, § 1; A.S.A. 1947, §§ 74-102, 74-102.1; Acts 2019, No. 910, § 636.

Publisher's Notes. The terms of the members of the Arkansas Department of Aeronautics are arranged so that two terms expire every first and fifth year and one term expires in each of the three intervening years.

Acts 1973, No. 64, § 2, provided that it was the intent and purpose of the act to add two members to the Arkansas Aeronautics Commission and to assure that the addition of such members to the commission should not affect the term of any member of the commission serving on the effective date of the act.

Amendments. The 2019 amendment substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics” in (a).

27-115-104. Director.

Any person employed as Director of the Division of Aeronautics shall possess the qualifications of a multi-engine commercial pilot. No other flight or pilot qualification shall be required for such director.

History. Acts 1969, No. 519, § 4; 2019, No. 910, § 637.

Amendments. The 2019 amendment substituted “Director of the Division of Aeronautics” for “Director of the Arkansas Department of Aeronautics”.

27-115-105. Director.

History. Acts 1983, No. 691, § 13; A.S.A. 1947, § 74-102a; Acts 2019, No. 910, § 638.

Amendments. The 2019 amendment substituted “Director” for “Secretary Director” in the section heading; added the (a) designation, in (a), substituted “Director of the Division of Aeronautics” for “Secretary of the Arkansas Department of Aeronautics, or the administrative head of the department” and “Secretary of the Department of Commerce with” for “department with”; and added (b).

27-115-106. Administration — Promulgation of rules.

The Division of Aeronautics shall administer the provisions of this chapter and § 27-116-101 et seq. and is authorized and directed to promulgate rules, in consultation with the Secretary of the Department of Commerce, as necessary to execute the powers invested in the division by this chapter and § 27-116-101 et seq. and other applicable laws.

History. Acts 1941, No. 457, § 3; A.S.A. 1947, § 74-103; Acts 2019, No. 315, § 3192; 2019, No. 910, § 639.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading; and substituted “rules” for “regulations” in the text.

The 2019 amendment by No. 910 substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics”, inserted “in consultation with the Secretary of the Department of Commerce”, and substituted “the division” for “it”.

27-115-107. Powers generally.

History. Acts 1941, No. 457, §§ 21, 23; 1961, No. 155, § 2; 1985, No. 257, § 3; A.S.A. 1947, §§ 74-121, 74-123; Acts 2019, No. 910, § 640.

Amendments. The 2019 amendment substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics” in (a); in (a)(1), substituted “county, municipality, or other eligible applicants” for “or any county, or municipality” and “division” for “department”; and substituted “division” for “department” in the introductory language of (b) and in (b)(2).

27-115-108. Duties generally.

History. Acts 1941, No. 457, § 3; 1975, No. 740, § 1; A.S.A. 1947, § 74-103; Acts 2013, No. 1157, § 10; 2019, No. 315, §§ 3193-3198; 2019, No. 910, § 641.

Amendments. The 2013 amendment added (a)(14).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (a)(2), (a)(8) through (a)(10), and (b); and substituted “rule” for “regulation” in (a)(13).

The 2019 amendment by No. 910 substituted “division” for “department” throughout the section; inserted “in consultation with the Secretary of the Department of Commerce” throughout (a); and substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics” in the introductory language of (a).

U.S. Code. The Air Commerce Act referred to in this section is codified throughout Title 49 of the U.S. Code.

Cross References. Municipalities to prepare marking signs, § 14-356-101.

27-115-109. Location and construction of landing fields.

History. Acts 1941, No. 457, § 22; A.S.A. 1947, § 74-122; Acts 2017, No. 707, § 434; 2017, No. 786, § 2; 2019, No. 910, § 642.

A.C.R.C. Notes. Acts 2001, No. 323, § 1, provided:

“Legislative intent. The General Assembly, in Act 549 of 1993, established the Arkansas Department of Community Punishment and delineated its purposes. Confusion in the public's perception, with regard to the purposes of the department, exists and will persist because of the inconsistency between the name of the department and its established purposes. The purpose of this act is to provide the department with a name that more accurately describes its role as an agency that is intended to fulfill the legislatively established purposes of supervision, treatment, rehabilitation, and restoration of adult offenders as useful law-abiding citizens within the community and to provide its supervisory board with a name consistent with the department's name change.”

Acts 2001, No. 323, § 3, provided:

“The ‘Board of Correction and Community Punishment’, as established in Arkansas Code 12-27-104 and 16-93-1203, shall hereafter be known as the ‘Board of Corrections’.”

Acts 2001, No. 323, § 5, provided:

“(a) The Arkansas Code Revision Commission shall make appropriate name changes in the Arkansas Code to implement this act.

“(b) The Arkansas Code Revision Commission is not required to codify this act.”

Amendments. The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

The 2017 amendment by No. 786 deleted “Working of prisoners” from the end of the section heading; substituted “may” for “shall have the authority to” in (b); and deleted (c) and (d).

The 2019 amendment substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics” in (a); and substituted “division” for “Arkansas Department of Aeronautics” in (b).

Cross References. Department of Correction and Department of Community Correction, § 12-27-101 et seq.

27-115-110. Disposition of funds.

History. Acts 1967, No. 449, §§ 1, 2; 1977, No. 733, § 1; 1983, No. 474, §§ 1, 2; A.S.A. 1947, §§ 74-214, 74-215; Acts 1997, No. 540, §§ 62, 93; 1997, No. 924, § 1; 2019, No. 152, § 2; 2019, No. 910, § 643.

Amendments. The 2019 amendment by No. 152 redesignated former (e)(2) as (e)(2)(A) and (e)(2)(B); in (e)(2)(A), substituted “or supporting aviation museums” for “an aviation museum”; in (e)(2)(B), substituted “or support of aviation museums” for “of an aviation museum”; and added (e)(3).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); substituted “Division of Aeronautics” for “Arkansas Department of Aeronautics” in (b) and (c); substituted “division” for “Arkansas Department of Aeronautics” twice in (d); redesignated the former first sentence of (e)(2) as (e)(2)(A) and the former second sentence as (e)(2)(B); in (f), substituted “Director of the Division of Aeronautics” for “Director of the Arkansas Department of Aeronautics”, deleted former (f)(2) through (f)(5), redesignated (f)(6) as present (f)(2), and deleted “Beginning July 1, 2001” at the beginning of (f)(2).

Chapter 116 Regulation Of Aircraft

Research References

Am. Jur. 8 Am. Jur. 2d, Aviation, § 9 et seq.

C.J.S. 2A C.J.S., Aeronautics, § 12 et seq.

Subchapter 1 — General Provisions

27-116-101. Unlawful acts.

It shall be unlawful for any person to:

  1. Operate or navigate aircraft while under the influence of intoxicating liquor or narcotic drug or habit-producing drug, or permit any person who may be under the influence of intoxicating liquor or narcotic or habit-producing drug to operate or navigate any aircraft owned by him or her or in his or her custody or control;
  2. Operate or navigate aircraft while in possession of any federal license or to display or cause or permit to be displayed the license, knowing it to have been cancelled, revoked, suspended, or altered;
  3. Lend to or knowingly permit the use of by one not entitled to a license any federal airman's and aircraft license issued to the person lending or permitting the use thereof;
  4. Display or represent as one's own any federal airman's or aircraft license not issued to the person displaying it;
  5. Tamper with, make use of or navigate any aircraft without the knowledge or consent of the owner or custodian thereof; or
  6. Use a false or fictitious name or give a false or fictitious address in any application or form required under the provisions of § 27-115-101 et seq. and this chapter, or the rules of the Division of Aeronautics adopted pursuant to § 27-115-101 et seq. and this chapter, knowingly make any false statement or report, knowingly conceal a material fact, or otherwise commit a fraud in any application.

History. Acts 1941, No. 457, § 16; A.S.A. 1947, § 74-116; Acts 2019, No. 315, § 3199.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (6).

27-116-102. Ownership and use of airspace — Emergency landings.

History. Acts 1941, No. 457, §§ 8, 9; A.S.A. 1947, §§ 74-108, 74-109.

Research References

U. Ark. Little Rock L. Rev.

Lindsey P. Gustafson, Arkansas Airspace Ownership and the Challenge of Drones, 39 U. Ark. Little Rock L. Rev. 245 (2017).

Case Notes

Nuisance.

Trial court did not abuse its discretion in finding that a neighbor's airfield operation was a nuisance to adjoining landowners who had a facility for flying remote control planes, because the full size airplanes' flight path went directly over the remote plane facility, and planes flew at altitudes between 15 and 30 feet according to witnesses. Because such flight posed a serious risk of harm to persons on the ground and drivers on a nearby road, such flight was a nuisance and therefore not “lawful” flight permitted by subsection (c) of this section. Aviation Cadet Museum, Inc. v. Hammer, 373 Ark. 202, 283 S.W.3d 198 (2008).

Subchapter 2 — Registration and Licensing

27-116-201. Persons engaged in aeronautics.

The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that any person engaging within this state in navigating or operating aircraft in any form of navigation or while in charge of the inspecting, overhauling, or repairing of aircraft or the repairing, packing, and maintenance of parachutes shall have the qualifications necessary for obtaining and holding a license issued by the Federal Aviation Administration, it shall be unlawful for any person to operate or navigate or inspect, overhaul, or repair any aircraft, or repair, pack, and maintain parachutes in this state unless the person is the holder of an appropriate and effective license or permit issued by the United States Government.

History. Acts 1941, No. 457, § 5; A.S.A. 1947, § 74-105.

Case Notes

Negligence.

Although evidence that pilot was not properly licensed for crop-dusting was admissible as relevant to the question of the pilot's competence and skill and to farmer's negligence in employing him, it was error to instruct jury that violation of this section, although not necessarily negligence, was evidence of negligence, where record was void of evidence linking the statutory violation with fatal accident and plaintiff failed to show that violation was a proximate or efficient cause of death. Riddell v. Little, 253 Ark. 686, 488 S.W.2d 34 (1973).

27-116-202. Aircraft.

The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that aircraft operating within this state should conform with respect to design, construction, and airworthiness to the standards prescribed by the United States Government with respect to navigation of civil aircraft subject to its jurisdiction, it shall be unlawful for any person or resident to operate or navigate any aircraft within this state unless the aircraft has an appropriate effective license issued by the United States Government and is registered by the United States Government.

History. Acts 1941, No. 457, § 4; A.S.A. 1947, § 74-104.

27-116-203. Nonresidents.

History. Acts 1941, No. 457, § 7; A.S.A. 1947, § 74-107.

27-116-204. Airports, etc. — Procedure for denial or revocation.

History. Acts 1941, No. 457, § 15; 1985, No. 257, § 2; A.S.A. 1947, § 74-115.

27-116-205. Display of licenses.

The certificate of the license required for the person operating aircraft and the certificate of the license required for aircraft and other licenses or certificates that may be issued by the Division of Aeronautics shall be kept in such places and exhibited to such persons at such time and under such rules and circumstances as shall be required by the rules of the division.

History. Acts 1941, No. 457, § 6; A.S.A. 1947, § 74-106; Acts 2019, No. 315, § 3200.

Amendments. The 2019 amendment substituted “rules” for “regulations” twice in the text.

Subchapter 3 — Laws Governing Operations

27-116-301. Crimes, torts, etc., committed in flight.

History. Acts 1941, No. 457, § 11; A.S.A. 1947, § 74-111.

Case Notes

Purpose.

This section and § 27-116-303, enacted in the 1940s, were not intended to resolve choice of law questions in aviation accident litigation; rather, these statutes merely clarify that aviation accidents are to be treated as any other torts under state law. In re Aircraft Accident at Little Rock, 231 F. Supp. 2d 852 (E.D. Ark. 2002), aff'd, Rustenhaven v. Am. Airlines Inc. (In re Aircraft Accident at Little Rock), 351 F.3d 874 (8th Cir. 2003).

Applicability.

Arkansas substantive law would be applied to an action arising from the crash in Arkansas of an airplane bound from Texas to Arkansas. Sattari v. American Airlines, Inc., 125 F. Supp. 2d 357 (W.D. Ark. 2000).

27-116-302. Contracts made in flight.

All contractual and other relations entered into by pilots or passengers while in flight over or above the lands or waters of this state shall be governed by the laws applicable to similar relations entered into on the lands of this state.

History. Acts 1941, No. 457, § 12; A.S.A. 1947, § 74-112.

27-116-303. Liability for injury to persons or property.

History. Acts 1941, No. 457, §§ 10, 13; A.S.A. 1947, §§ 74-110, 74-113.

Research References

ALR.

Liability Arising from Air Shows or Other Aerial Exhibitions for Injury and Death of Spectators and Participants. 88 A.L.R.6th 679.

Case Notes

Purpose.

Section 27-116-301 and this section, enacted in the 1940s, were not intended to resolve choice of law questions in aviation accident litigation; rather, these statutes merely clarify that aviation accidents are to be treated as any other torts under state law. In re Aircraft Accident at Little Rock, 231 F. Supp. 2d 852 (E.D. Ark. 2002), aff'd, Rustenhaven v. Am. Airlines Inc. (In re Aircraft Accident at Little Rock), 351 F.3d 874 (8th Cir. 2003).

Applicability.

Arkansas substantive law would be applied to an action arising from the crash in Arkansas of an airplane bound from Texas to Arkansas. Sattari v. American Airlines, Inc., 125 F. Supp. 2d 357 (W.D. Ark. 2000).

Liability of Owners for Lessee's Actions.

Owner of plane who rented it to holder of a student permit, prohibited under civil aeronautics authority from taking passengers in plane, was not liable for death of passenger taken in plane by student pilot, even though pilot was known to be a reckless operator, as owner had no reason to believe that student pilot would take a passenger with him. Central Flying Serv. v. Crigger, 215 Ark. 400, 221 S.W.2d 45 (1949).

Cited: Riddell v. Little, 253 Ark. 686, 488 S.W.2d 34 (1973).

27-116-304. Liability for damages caused by aircraft collisions.

The liability of the owner of one (1) aircraft to the owner of another aircraft or to pilots or passengers on either aircraft for damage caused by collision on land or in the air shall be determined by the rules of law applicable to torts on the lands or waters of this state.

History. Acts 1941, No. 457, § 14; A.S.A. 1947, § 74-114.

Subchapter 4 — Downed Aircraft Devices

27-116-401. Administration.

The provisions of this subchapter shall be administered by the Division of Aeronautics.

History. Acts 1971, No. 52, § 2; A.S.A. 1947, § 74-126; Acts 2011, No. 780, § 13.

Amendments. The 2011 amendment substituted “Arkansas Department of Aeronautics” for “Arkansas Aeronautics Commission through the Arkansas Department of Aeronautics, hereafter referred to as the ‘department’.”

Cross References. Arkansas Department of Aeronautics, § 27-115-101.

27-116-402. Penalty.

Any person violating the provisions of this subchapter shall be guilty of a misdemeanor.

History. Acts 1971, No. 52, § 9; A.S.A. 1947, § 74-133.

27-116-403. Devices required — Exceptions.

History. Acts 1971, No. 52, §§ 1, 5, 6, 8; A.S.A. 1947, §§ 74-125, 74-129, 74-130, 74-132.

27-116-404. Inspection.

History. Acts 1971, No. 52, §§ 3, 4; A.S.A. 1947, §§ 74-127, 74-128.

27-116-405. Presale requirements.

History. Acts 1971, No. 52, § 7; A.S.A. 1947, § 74-131; Acts 2019, No. 315, § 3201.

Amendments. The 2019 amendment substituted “rules” for “regulations” in (a)(1).

Subchapter 5 — Operation of a Prohibited Aircraft

27-116-501. Definitions.

As used in this subchapter, unless the context otherwise requires:

  1. “Aircraft” means any contrivance invented, used, or designed for the navigation of or flight in the air and which is required to be registered under the laws of the United States. “Aircraft” does not include experimental aircraft; and
  2. “Federal aviation regulations” means regulations adopted by the Federal Aviation Administration regarding identification and registration markings, procedures for products and parts, maintenance, preventive maintenance, rebuilding and alteration regulations, and general operating and flight rules, 14 C.F.R. Parts 21, 43, 45, 47, and 91 as those regulations existed on January 1, 1990.

History. Acts 1989, No. 516, § 1.

27-116-502. Acts constituting offense — Inspection.

History. Acts 1989, No. 516, § 2.

Chapter 117 Approach Zones

Research References

ALR.

Airport operations or flight of aircraft as constituting taking or damaging of property. 22 A.L.R.4th 863.

27-117-101. Definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and available to and utilized by the general public for private or commercial landing and taking off of aircraft; and
  2. “Approach zone” means any area of land or water, according to the current airport approach and turning space standards promulgated by the Federal Aviation Administration which is required for the flight of aircraft in landing or taking off at any airport.

History. Acts 1949, No. 285, § 1; A.S.A. 1947, § 74-309.

27-117-102. Penalty.

Any person, company, firm, or corporation violating the terms of this chapter or failing or refusing to remove any lines now established within the approach zone of any airport shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).

History. Acts 1949, No. 285, § 4; A.S.A. 1947, § 74-312.

27-117-103. Wires prohibited.

No wires of any kind or description, including, but not limited to, those over which electricity or messages are transmitted shall be constructed, operated, or maintained within the approach zone of any airport in this state.

History. Acts 1949, No. 285, § 2; A.S.A. 1947, § 74-310.

27-117-104. Removal of wires.

History. Acts 1949, No. 285, § 3; A.S.A. 1947, § 74-311.

27-117-105. Minimum distance between towers and runways — Penalty for noncompliance — Exemptions.

History. Acts 1999, No. 1278, § 1.