ARKANSAS
Motor Vehicle
and
Traffic Laws
and
State Highway
Commission
Regulations
Issued by Authority of
the Arkansas State Highway and Transportation Department
and the Department of Finance and Administration
Formerly published by LexisNexis
2017 EDITION
ARKANSAS
Motor Vehicle and Traffic Laws
and
State Highway Commission
Regulations
2017 Edition
Issued by Authority of
the Arkansas State Highway and Transportation Department
and the Department of Finance and Administration
Formerly published by LexisNexis
ISBN: 978-1-64130-063-6
© 2017 by the State of Arkansas.
All rights reserved.
Blue360° Media, LLC
2750 Rasmussen Rd., Suite 107
Park City, Utah 84098
1-844-599-2887
www.blue360media.com
Product Number 2094022
(Pub. 20940)
This publication is dedicated to the hard-working
ȱȱĜȱȱȱȱȱ
¢ȱ¢ȱȱȱȱȱȱ¢ǯ
ǯřŜŖǯ
To contact Blue360° Media, LLC, please call: 1-844-599-2887
Press 1 for sales.
Press 2 for questions on a publication.
Press 3 for questions about your invoice or to speak with a billing
representative.
Arkansas State Highway
and Transportation
Department
Director of Highways and Transportation
Scott Bennett
Deputy Director Chief Operating Officer
Lorie Tudor
Arkansas State Highway Commission
Dick Trammel, Chairman, Rogers
Tom Schueck, Vice Chairman, Little Rock
Robert S. Moore, Jr., Arkansas City
Alec Farmer, Jonesboro
Philip Taldo, Springdale
Department of
Finance and Administration
Director
Larry Walther
Administrator, Office of Motor Vehicles
Wayne Hamric
Foreword
This digest of statutes and official regulations governing use of public highways,
roads, and streets in Arkansas and control of motor vehicles and operators
permitted on these facilities is published as a service in the public interest. A safer,
more convenient, and more orderly utilization of Arkansas’s highway, road, and
street systems is the objective.
Sections relating to administration of motor vehicles — registration, licenses,
titles, equipment, vehicle operator licensing, and collection of motor vehicle fees and
taxes — outline responsibilities of the Department of Finance and Administration.
Sections relative to administration of highways, roads, and streets and regulation of
weights, size, and movements of traffic thereon set forth powers, duties, and
functions of the State Highway and Transportation Department.
The Arkansas GeneralAssembly requires these two state agencies to: (a) interpret
and disseminate statutory requirements in these two areas, (b) develop and
promulgate policies complementary to these codes, and (c) prepare, publish, and
enforce through proper channels, the regulations required by these codes.
Questions regarding application or interpretation of laws and regulations should
be addressed to the appropriate State agency.
v
/ŵƉŽƌƚĂŶƚZĞƐŽƵƌĐĞƐĨƌŽŵƚŚĞůƵĞϯϲϬΣDĞĚŝĂKĸĐĞƌ^ĞƌŝĞƐ
Pub. # Featured Law Enforcement Titles
27900
dĂĐƟĐĂů^ƉĂŶŝƐŚĨŽƌ>ĂǁŶĨŽƌĐĞŵĞŶƚĂŶĚϵϭϭŽŵŵƵŶŝĐĂƟŽŶƐ͕^ĞĐŽŶĚ
ĚŝƟŽŶǁŝƚŚͲZKD
Jose Blanco
30181
ŽƵƌƚƌŽŽŵ^ĞĐƵƌŝƚLJĨŽƌ:ƵĚŐĞƐ͕KĸĐĞƌƐ͕ĂŶĚŽƵƌƚWĞƌƐŽŶŶĞů
Judge Richard Carter & Constable Randy Harris
32850
dŚĞ/ĚĞĂůŵƉůŽLJĞĞ;'ƵŝĚĞƚŽWĞƌƐŽŶĂůŝƚLJdĞƐƟŶŐͿ
Donald J. Schroeder & Frank Lombardo
33404
dŚĞƌƵŐĂŶĚůĐŽŚŽů/ŵƉĂŝƌĞĚƌŝǀĞƌǁŝƚŚĞŽŽŬ
:ĞīĞƌƐŽŶ>ĂŶŬĨŽƌĚ
36699
DĂŶĂŐĞŵĞŶƚĂŶĚ^ƵƉĞƌǀŝƐŝŽŶŽĨ>ĂǁŶĨŽƌĐĞŵĞŶƚWĞƌƐŽŶŶĞů͕&ŝŌŚĚŝƟŽŶ
Donald J. Schroeder & Frank Lombardo
37500
<ϵKĸĐĞƌ͛Ɛ>ĞŐĂů,ĂŶĚŬ͕^ĞĐŽŶĚĚŝƟŽŶǁŝƚŚϮϬϭϲ^ƚĂƚĞͲƚŽͲ^ƚĂƚĞ
ĂƐĞ^ƵŵŵĂƌŝĞƐĂŶĚͲZKD
<ĞŶtĂůůĞŶƟŶĞ
37590
KĸĐĞƌ͛Ɛ^ĞĂƌĐŚĂŶĚ^ĞŝnjƵƌĞ,ĂŶĚŬ͕&ŽƵƌƚŚĚŝƟŽŶǁŝƚŚϮϬϭϲ
^ƚĂƚĞͲƚŽͲ^ƚĂƚĞĂƐĞ^ƵŵŵĂƌŝĞƐĂŶĚͲZKD
John A. Stephen
74892
ƌŝŵŝŶĂůWƌŽĐĞĚƵƌĞĨŽƌ>ĂǁŶĨŽƌĐĞŵĞŶƚĂŶĚƌŝŵŝŶĂů:ƵƐƟĐĞWƌŽĨĞƐƐŝŽŶĂůƐ͕
dǁĞůŌŚĚŝƟŽŶǁŝƚŚͲZKD
Larry E. Holtz
dŽŽƌĚĞƌ͕ƉůĞĂƐĞǀŝƐŝƚ͗www.blue360media.com
KƌĐĂůů͗ϭͲϴϰϰͲϱϵϵͲϮϴϴϳĞdžƚ͗ϭ
/ŵƉŽƌƚĂŶƚZĞƐŽƵƌĐĞƐĨŽƌƌŬĂŶƐĂƐ>ĂǁŶĨŽƌĐĞŵĞŶƚKĸĐĞƌƐ
Pub. # Featured Law Enforcement Titles
20916 ƌŬĂŶƐĂƐƌŝŵŝŶĂůĂŶĚdƌĂĸĐ>ĂǁDĂŶƵĂů
20940
ƌŬĂŶƐĂƐDŽƚŽƌsĞŚŝĐůĞĂŶĚdƌĂĸĐ>ĂǁƐĂŶĚ^ƚĂƚĞ,ŝŐŚǁĂLJŽŵŵŝƐƐŝŽŶ
ZĞŐƵůĂƟŽŶƐ
vi
Table of Contents
Page
Table of Sections Affected ................................................................................ xv
Title 5. Criminal Offenses.
Subtitle 1. General Provisions.
Chapter 4. Disposition of Offenders.
Subchapter 2. Fines, Costs, and Restitution, § 5-4-203 ................................ 1
Subtitle 3. Offenses Involving Families, Dependents, Etc.
Chapter 27. Offenses Against Children or Incompetents.
Subchapter 5. Fraudulent Identification Documents for Minors, § 5-27-504 ....... 1
Subtitle 4. Offenses Against Property.
Chapter 36. Theft.
Subchapter 1. General Provisions, § 5-36-108 ........................................... 1
Chapter 38. Damage or Destruction of Property.
Subchapter 2. Offenses Generally, § 5-38-203 ............................................ 1
Subtitle 6. Offenses Against Public Health, Safety or Welfare.
Chapter 64. Controlled Substances
Subchapter 7. Provisions Relating to the Uniform Controlled Substances Act,
§ 5-64-710 .................................................................... 2
Chapter 65. Driving or Boating While Intoxicated.
Subchapter 1. General Provisions, §§ 5-65-101 to 5-65-123 ........................... 3
Subchapter 2. Chemical Analysis of Body Substances, §§ 5-65-201 to 5-65-208 ... 12
Subchapter 3. Underage Driving or Boating under the Influence Law, §§ 5-65-301
to 5-65-311 .................................................................... 16
Subchapter 4. Administrative Driver’s License Suspension, §§ 5-65-401 to
5-65-403 ....................................................................... 20
Chapter 67. Highways and Bridges, §§ 5-67-101 to 5-67-107 ............................... 24
Chapter 71. Riots, Disorderly Conduct, Etc.
Subchapter 2. Offenses Generally, §§ 5-71-214, 5-71-218 .............................. 26
Chapter 73. Weapons.
Subchapter 1. Possession and Use Generally, §§ 5-73-128, 5-73-130 ................. 26
Chapter 77. Official Insignia.
Subchapter 2. Emergency Lights and Law Enforcement Insignia Sales,
§§ 5-77-201 to 5-77-205 .................................................... 28
Subchapter 3. Blue Light Sales, § 5-77-301 .............................................. 29
Title 6. Education.
Subtitle 2. Elementary and Secondary Education Generally.
Chapter 18. Students.
Subchapter 2. Attendance, § 6-18-222 ..................................................... 30
Chapter 19. Transportation, §§ 6-19-107 to 6-19-109, 6-19-113, 6-19-118 to 6-19-120 31
Chapter 21. School Property and Supplies.
Subchapter 7. School Motor Vehicle Insurance Act, §§ 6-21-701 to 6-21-711 ....... 33
Subtitle 4. Vocational and Technical Education.
Chapter 51. Vocational and Technical Schools.
Subchapter 1. General Provisions, § 6-51-101 ........................................... 35
Title 8. Environmental Law.
Chapter 6. Disposal of Solid Wastes and Other Refuse.
Subchapter 4. Litter Control Act, §§ 8-6-401 to 8-6-418 ................................ 36
vii
Page
Title 9. Family Law.
Subtitle 2. Domestic Relations.
Chapter 14. Spousal and Child Support.
Subchapter 2. Enforcement Generally, § 9-14-239 ...................................... 41
Title 12. Law Enforcement, Emergency Management, and Military Affairs.
Subtitle 2. Law Enforcement Agencies and Programs.
Chapter 8. Department of Arkansas State Police.
Subchapter 1. General Provisions, §§ 12-8-106, 12-8-107, 12-8-116 .................. 43
Chapter 12. Crime Reporting and Investigations.
Subchapter 2. Arkansas Crime Information Center, §§ 12-12-201, 12-12-207,
12-12-208 ...................................................................... 44
Subtitle 4. Military Affairs.
Chapter 62. Military Personnel.
Subchapter 4. Privileges, §§ 12-62-407 to 12-62-410, 12-62-414 ...................... 45
Subtitle 5. Emergency Management.
Chapter 79. Arkansas Hazardous and Toxic Materials Emergency Notification Act,
§§ 12-79-101 to 12-79-106 ......................................................... 46
Title 14. Local Government.
Subtitle 3. Municipal Government.
Chapter 54. Powers of Municipalities Generally.
Subchapter 14. Miscellaneous Regulations, § 14-54-1410 .............................. 48
Title 16. Practice, Procedure, and Courts.
Subtitle 2. Courts and Court Officers.
Chapter 10. General Provisions.
Subchapter 3. Uniform Filing Fees and Court Costs, § 16-10-305 ................... 48
Title 19. Public Finance.
Chapter 6. Revenue Classification Law.
Subchapter 8. Special Revenue Funds Continued, § 19-6-832 ........................ 49
Title 20. Public Health and Welfare.
Subtitle 2. Health and Safety.
Chapter 14. Individuals with Disabilities.
Subchapter 3. Rights Generally, § 20-14-306 ............................................. 50
Chapter 17. Death and Disposition of the Dead.
Subchapter 5. Anatomical Gifts Generally, § 20-17-501 ................................ 50
Chapter 32. Disposal of Commercial Medical Waste, §§ 20-32-101 to 20-32-112 ........ 50
Title 21. Public Officers and Employees.
Chapter 9. Liability of State and Local Governments.
Subchapter 3. Liability of Political Subdivisions, § 21-9-303 .......................... 53
Title 23. Public Utilities and Regulated Industries.
Subtitle 1. Public Utilities and Carriers.
Chapter 11. Establishment and Organization of Railroads.
Subchapter 1. General Provisions, § 23-11-101 .......................................... 54
Chapter 12. Operation and Maintenance of Railroads.
Subchapter 2. Roadbeds and Rights-of-Way, § 23-12-201 .............................. 54
Subchapter 3. Crossings and Switches, §§ 23-12-301, 23-12-304 ..................... 54
Subchapter 10. Railroad Safety and Regulatory Act of 1993, §§ 23-12-1001 to
23-12-1008 ................................................................... 55
Chapter 13. Motor Carriers.
Subchapter 1. General Provisions, §§ 23-13-101, 23-13-102 ........................... 57
Subchapter 2. Arkansas Motor Carrier Act, §§ 23-13-202 to 23-13-208, 23-13-217,
23-13-222, 23-13-225, 23-13-228 to 23-13-230, 23-13-233, 23-13-234,
23-13-236, 23-13-253 to 23-13-265 ........................................ 57
Subchapter 4. Passengers [Repealed] ...................................................... 68
Subchapter 7. Transportation Network Company Services Act, §§ 23-13-701 to
23-13-722 ...................................................................... 68
viiiTABLE OF CONTENTS
Page
Chapter 16. Miscellaneous Provisions Relating to Carriers.
Subchapter 3. Uninsured Motorist Liability Insurance, § 23-16-302 ................ 75
Subtitle 3. Insurance.
Chapter 79. Insurance Policies Generally.
Subchapter 3. Minimum Standards — Commercial Property and Casualty Insur-
ance Policies, §§ 23-79-311, 23-79-312 ................................... 75
Chapter 89. Casualty Insurance.
Subchapter 2. Automobile Liability Insurance Generally, §§ 23-89-209, 23-89-212,
23-89-214 to 23-89-216 ...................................................... 76
Subtitle 4. Miscellaneous Regulated Industries.
Chapter 112. Arkansas Motor Vehicle Commission Act.
Subchapter 1. General Provisions, § 23-112-107 ......................................... 77
Subchapter 3. Licensing and Regulation, §§ 23-112-315, 23-112-317 ................ 79
Subchapter 6. Used Motor Vehicle Buyers Protection, § 23-112-612 ................. 80
Subchapter 9. Recreational Vehicle Special Events, §§ 23-112-901 to 23-112-905 80
Title 26. Taxation.
Subtitle 5. State Taxes.
Chapter 52. Gross Receipts Tax.
Subchapter 3. Imposition of Tax, §§ 26-52-301, 26-52-302, 26-52-310 to 26-52-313 81
Subchapter 4. Exemptions, § 26-52-401 ................................................... 87
Subchapter 5. Returns and Remittance of Tax, §§ 26-52-510, 26-52-513, 26-52-519,
26-52-521 ...................................................................... 93
Chapter 53. Compensating or Use Taxes.
Subchapter 1. Arkansas Compensating Tax Act of 1949, § 26-53-126 ............... 98
Chapter 55. Motor Fuels Taxes.
Subchapter 1. General Provisions, § 26-55-101 .......................................... 99
Title 27. Transportation.
Subtitle 1. General Provisions.
Chapter 2. Hazardous Materials Transportation Act of 1977, §§ 27-2-101, 27-2-103 to
27-2-105 ................................................................................. 99
Subtitle 2. Motor Vehicle Registration and Licensing.
Chapter 13. General Provisions, §§ 27-13-101 to 27-13-104 ................................ 100
Chapter 14. Motor Vehicle Administration, Certificate of Title, and Antitheft Act.
Subchapter 1. General Provisions, §§ 27-14-101 to 27-14-104 ........................ 101
Subchapter 2. Definitions [Repealed] ...................................................... 103
Subchapter 3. Penalties and Administrative Sanctions, §§ 27-14-301 to 27-14-314 103
Subchapter 4. Office of Motor Vehicle, §§ 27-14-401 to 27-14-414 .................... 106
Subchapter 5. Commission for Reciprocal Agreements, §§ 27-14-501 to 27-14-505 109
Subchapter 6. Registration and License Fees, §§ 27-14-601 to 27-14-613 ........... 110
Subchapter 7. Registration and Certificates of Title, §§ 27-14-701 to 27-14-727 ... 121
Subchapter 8. Liens and Encumbrances, §§ 27-14-801 to 27-14-807 ................. 131
Subchapter 9. Transfers of Title and Registration, §§ 27-14-901 to 27-14-917 ..... 132
Subchapter 10. Permanent Automobile Licensing Act, §§ 27-14-1001 to 27-14-1021 138
Subchapter 11. Special Personalized Prestige License Plates, §§ 27-14-1101 to
27-14-1104 ................................................................... 142
Subchapter 12. Permanent Trailer Licensing Act of 1979, §§ 27-14-1201 to
27-14-1218 ................................................................... 143
Subchapter 13. Trucks and Trailers, §§ 27-14-1301 to 27-14-1306 ................... 145
Subchapter 14. Buses, §§ 27-14-1401 to 27-14-1404 .................................... 146
Subchapter 15. Taxicabs, §§ 27-14-1501, 27-14-1502 ................................... 147
Subchapter 16. Manufactured Homes and Mobile Homes, §§ 27-14-1601 to
27-14-1604 ................................................................... 148
Subchapter 17. License Plates for Manufacturers, Transporters, and Dealers,
§§ 27-14-1701 to 27-14-1709 ............................................. 150
Subchapter 18. Vehicles in Transit to Dealers, §§ 27-14-1801 to 27-14-1808 ....... 155
ix TABLE OF CONTENTS
Page
Subchapter 19. Transporting of Motor Homes by Manufacturers, §§ 27-14-1901 to
27-14-1905 ................................................................... 156
Subchapter 20. Licensing of Dealers and Wreckers, §§ 27-14-2001 to 27-14-2003 157
Subchapter 21. Drive-out Tags, §§ 27-14-2101 to 27-14-2105 ......................... 158
Subchapter 22. Theft of Vehicles and Parts, §§ 27-14-2201 to 27-14-2212 .......... 158
Subchapter 23. Disclosure of Damage and Repair on the Certificate of Title,
§§ 27-14-2301 to 27-14-2308 ............................................. 160
Subchapter 24. Temporary Registration Exemption [Repealed] ....................... 163
Chapter 15. Registration and Licensing — Special Uses.
Subchapter 1. General Provisions, §§ 27-15-101, 27-15-102 ........................... 163
Subchapter 2. Handicapped Persons Generally [Repealed] ............................ 164
Subchapter 3. Access to Parking for Persons with Disabilities Act, §§ 27-15-301 to
27-15-317 ...................................................................... 164
Subchapter 4. Disabled Veterans — In General [Repealed] ............................ 171
Subchapter 5. Disabled Veterans — License for Furnished Automobiles [Repealed] 171
Subchapter 6. Disabled Veterans — World War I [Repealed] .......................... 171
Subchapter 7. Disabled Veterans — Nonservice Injuries [Repealed] ................. 171
Subchapter 8. Medal of Honor Recipients [Repealed] ................................... 171
Subchapter 9. Purple Heart Recipients [Repealed] ...................................... 171
Subchapter 10. Ex-Prisoners of War [Repealed] .......................................... 171
Subchapter 11. Military Reserve [Repealed] .............................................. 172
Subchapter 12. United States Armed Forces Retired [Repealed] ...................... 172
Subchapter 13. Public Use Vehicles — Local Government [Repealed] ............... 172
Subchapter 14. Public Use Vehicles — State Government [Repealed] ............... 172
Subchapter 15. Public Use Vehicles — Federal Government [Repealed] ............ 172
Subchapter 16. Members of General Assembly [Repealed] ............................. 172
Subchapter 17. Game and Fish Commission [Repealed] ................................ 172
Subchapter 18. Volunteer Rescue Squads [Repealed] ................................... 173
Subchapter 19. Religious Organizations [Repealed] ..................................... 173
Subchapter 20. Youth Groups [Repealed] .................................................. 173
Subchapter 21. Orphanages [Repealed] .................................................... 173
Subchapter 22. Historic or Special Interest Vehicles, §§ 27-15-2201 to 27-15-2209 173
Subchapter 23. Antique Motorcycles, §§ 27-15-2301 to 27-15-2307 .................. 175
Subchapter 24. Amateur Radio Operators, §§ 27-15-2401 to 27-15-2405 ........... 177
Subchapter 25. Pearl Harbor Survivors [Repealed] ..................................... 177
Subchapter 26. Merchant Marine [Repealed] ............................................. 177
Subchapter 27. Firefighters [Repealed] .................................................... 178
Subchapter 28. Special License Plates for County Quorum Court Members
[Repealed] ................................................................... 178
Subchapter 29. Special Collegiate License Plates [Repealed] .......................... 178
Subchapter 30. Special Civil Air Patrol License Plates [Repealed] ................... 178
Subchapter 31. Search and Rescue Special License Plates, §§ 27-15-3101 to
27-15-3103 ................................................................... 178
Subchapter 32. Ducks Unlimited [Repealed] ............................................. 179
Subchapter 33. World War II Veterans, Korean War Veterans, Vietnam Veterans,
and Persian Gulf Veterans [Repealed] .................................. 179
Subchapter 34. Additional Game and Fish Commission Plates [Repealed] ......... 179
Subchapter 35. Committed to Education License Plates [Repealed] .................. 179
Subchapter 36. Armed Forces Veteran License Plates [Repealed] .................... 179
Subchapter 37. Special Retired Arkansas State Trooper License Plates [Repealed] 179
Subchapter 38. Distinguished Flying Cross [Repealed] ................................. 179
Subchapter 39. Choose Life License Plate [Repealed] ................................... 179
Subchapter 40. Miscellaneous, §§ 27-15-4001 to 27-15-4004 .......................... 180
Subchapter 41. Susan G. Komen Breast Cancer Education, Research, and Aware-
ness License Plate [Repealed] ............................................ 180
xTABLE OF CONTENTS
Page
Subchapter 42. Division of Agriculture License Plate [Repealed] ..................... 180
Subchapter 43. Constitutional Officer License Plate [Repealed] ...................... 180
Subchapter 44. African-American Fraternity and Sorority License Plate [Repealed] 180
Subchapter 45. Boy Scouts of America License Plate [Repealed] ..................... 181
Subchapter 46. Arkansas Cattlemen’s Foundation License Plate [Repealed] ....... 181
Subchapter 47. Organ Donor Awareness License Plate [Repealed] ................... 181
Subchapter 48. Operation Iraqi Freedom Veteran License Plate [Repealed] ........ 181
Subchapter 49. In God We Trust License Plate, §§ 27-15-4901 to 27-15-4908 ..... 181
Subchapter 50. Operation Enduring Freedom Veteran License Plate [Repealed] .. 183
Subchapter 51. Arkansas State Golf Association License Plate, §§ 27-15-5101 to
27-15-5106 ................................................................... 183
Subchapter 52. Arkansas Fallen Firefighters’ Memorial Special License Plate,
§§ 27-15-5201 to 27-15-5206 ............................................. 184
Subchapter 53. Realtors License Plate [Repealed] ....................................... 185
Chapter 16. Driver’s Licenses Generally.
Subchapter 1. General Provisions, §§ 27-16-101 to 27-16-104 ........................ 185
Subchapter 2. Definitions [Repealed] ...................................................... 186
Subchapter 3. Penalties, §§ 27-16-301 to 27-16-306 .................................... 186
Subchapter 4. Office of Driver Services, §§ 27-16-401 to 27-16-404 .................. 187
Subchapter 5. Administration Generally, §§ 27-16-501 to 27-16-509 ................ 188
Subchapter 6. Licensing Requirements, §§ 27-16-601 to 27-16-606 .................. 191
Subchapter 7. Application and Examination, §§ 27-16-701 to 27-16-706 ............ 193
Subchapter 8. Issuance of Licenses and Permits, §§ 27-16-801 to 27-16-816 ....... 196
Subchapter 9. Expiration, Cancellation, Revocation, or Suspension, §§ 27-16-901
to 27-16-915 ................................................................... 205
Subchapter 10. Special Provisions Regarding Chauffeurs [Repealed] ................ 210
Subchapter 11. Driver’s License Security and Modernization Act, §§ 27-16-1101 to
27-16-1112 ................................................................... 210
Subchapter 12. Arkansas Voluntary Enhanced Security Driver’s License and Iden-
tification Card Act, §§ 27-16-1201 to 27-16-1213 ..................... 214
Subchapter 13. Arkansas Emergency Contact Information System [Effective until
January 29, 2018], §§ 27-16-1301 to 27-16-1309 ..................... 218
Subchapter 13. Emergency Contact Information System Act [Effective January 29,
2018], §§ 27-16-1301 to 27-16-1309 ..................................... 219
Chapter 17. Driver License Compact, §§ 27-17-101 to 27-17-106 .......................... 220
Chapter 18. Driver Education Program, §§ 27-18-101 to 27-18-111 ....................... 222
Chapter 19. Motor Vehicle Safety Responsibility Act.
Subchapter 1. General Provisions, §§ 27-19-101 to 27-19-107 ........................ 224
Subchapter 2. Definitions, §§ 27-19-201 to 27-19-214 .................................. 225
Subchapter 3. Penalties and Administrative Sanctions, §§ 27-19-301 to 27-19-307 227
Subchapter 4. Administration, §§ 27-19-401 to 27-19-408 ............................. 228
Subchapter 5. Accident Reports, §§ 27-19-501 to 27-19-510 ........................... 229
Subchapter 6. Security Following Accident, §§ 27-19-601 to 27-19-621 ............. 230
Subchapter 7. Proof of Future Financial Responsibility, §§ 27-19-701 27-19-721 235
Chapter 20. Operation of Motorized Cycles and All-Terrain Vehicles.
Subchapter 1. Motorcycles, Motor-Driven Cycles, and Motorized Bicycles,
§§ 27-20-101 to 27-20-120 ................................................. 240
Subchapter 2. Three-Wheeled, Four-Wheeled, and Six-Wheeled All-Terrain Vehi-
cles, §§ 27-20-201 to 27-20-208 ........................................... 245
Subchapter 3. Autocycles Act, §§ 27-20-301 to 27-20-308 .............................. 246
Chapter 21. All-Terrain Vehicles, §§ 27-21-101 to 27-21-109 ............................... 247
Chapter 22. Motor Vehicle Liability Insurance.
Subchapter 1. General Provisions, §§ 27-22-101 to 27-22-111 ......................... 250
Subchapter 2. Arkansas Online Insurance Verification System Act, §§ 27-22-201 to
27-22-212 ...................................................................... 254
xi TABLE OF CONTENTS
Page
Chapter 23. Commercial Driver License.
Subchapter 1. Arkansas Uniform Commercial Driver License Act, §§ 27-23-101 to
27-23-131 ...................................................................... 258
Subchapter 2. Commercial Driver Alcohol and Drug Testing Act, §§ 27-23-201 to
27-23-211 ...................................................................... 278
Chapter 24. Special License Plate Act of 2005.
Subchapter 1. General Provisions, §§ 27-24-101 to 27-24-111 ......................... 281
Subchapter 2. Military Service and Veterans, §§ 27-24-201 to 27-24-215 ........... 282
Subchapter 3. Public Use Vehicles — Local Government, §§ 27-24-301 to 27-24-306 287
Subchapter 4. Public Use Vehicles — State Government, §§ 27-24-401, 27-24-402 289
Subchapter 5. Public Use Vehicles — Federal Government, § 27-24-501 ........... 289
Subchapter 6. Nominal Fee Plates, §§ 27-24-601 to 27-24-612 ....................... 289
Subchapter 7. Members of the General Assembly, §§ 27-24-701 to 27-24-706 ...... 291
Subchapter 8. Constitutional Officers, §§ 27-24-801 to 27-24-804 .................... 293
Subchapter 9. Arkansas State Game and Fish Commission, §§ 27-24-901 to
27-24-907 ...................................................................... 294
Subchapter 10. Colleges, Universities and Arkansas School for the Deaf,
§§ 27-24-1001 to 27-24-1010 ............................................. 295
Subchapter 11. Agriculture Education, §§ 27-24-1101 to 27-24-1108 ................ 298
Subchapter 12. African-American Fraternities and Sororities, §§ 27-24-1201 to
27-24-1209 ................................................................... 300
Subchapter 13. Public and Military Service Recognition, §§ 27-24-1301 to
27-24-1316 ................................................................... 302
Subchapter 14. Special Interest License Plates, §§ 27-24-1401 to 27-24-1427 ..... 307
Subchapter 15. Street Rod Special License Plates, §§ 27-24-1501 to 27-24-1505 .. 317
Subchapter 16. Department of Parks and Tourism, §§ 27-24-1601 to 27-24-1603 318
Subchapter 17. Conservation Districts, §§ 27-24-1701 to 27-24-1704 ................ 319
Chapters 25-31. [Reserved] ........................................................................ 320
Subtitle 3. Motor Vehicles and Their Equipment.
Chapter 34. Child Passenger Protection Act, §§ 27-34-101 to 27-34-108 ................. 320
Chapter 35. Size and Load Regulations.
Subchapter 1. General Provisions, §§ 27-35-101 to 27-35-113 ......................... 322
Subchapter 2. Weights and Dimensions, §§ 27-35-201 to 27-35-213 ................. 325
Subchapter 3. Manufactured Homes and Houses, §§ 27-35-301 to 27-35-310 ...... 336
Chapter 36. Lighting Regulations.
Subchapter 1. General Provisions, §§ 27-36-101, 27-36-102 ........................... 339
Subchapter 2. Lighting Requirements Generally, §§ 27-36-201 to 27-36-224 ....... 339
Subchapter 3. Lights for Emergency Vehicles, §§ 27-36-301 to 27-36-306 .......... 347
Chapter 37. Equipment Regulations.
Subchapter 1. General Provisions, §§ 27-37-101 to 27-37-103 ........................ 348
Subchapter 2. Safety and Emergency Equipment, §§ 27-37-201 to 27-37-206 ..... 348
Subchapter 3. Glass and Mirrors, §§ 27-37-301 to 27-37-307 ......................... 350
Subchapter 4. Tires, §§ 27-37-401, 27-37-402 ............................................ 353
Subchapter 5. Brakes, §§ 27-37-501 to 27-37-503 ....................................... 353
Subchapter 6. Mufflers, §§ 27-37-601, 27-37-602 ........................................ 354
Subchapter 7. Mandatory Seat Belt Use, §§ 27-37-701 to 27-37-707 ................ 355
Subchapter 8. Eric’s Law: The Nitrous Oxide Prohibition Act, §§ 27-37-801 to
27-37-803 ...................................................................... 356
Chapter 38. Automotive Fluids Regulation.
Subchapter 1. Antifreeze, §§ 27-38-101 to 27-38-105 ................................... 356
Subchapter 2. Brake Fluid [Repealed] ..................................................... 357
Chapters 39-48. [Reserved] ........................................................................ 357
Subtitle 4. Motor Vehicular Traffic.
Chapter 49. General Provisions.
Subchapter 1. Title, Applicability, and Construction Generally, §§ 27-49-101 to
27-49-114 ...................................................................... 357
xiiTABLE OF CONTENTS
Page
Subchapter 2. Definitions [Repealed] ...................................................... 361
Chapter 50. Penalties and Enforcement.
Subchapter 1. General Provisions, §§ 27-50-101, 27-50-102 ........................... 362
Subchapter 2. Enforcement Generally, §§ 27-50-201 to 27-50-205 ................... 362
Subchapter 3. Offenses and Penalties Generally, §§ 27-50-301 to 27-50-311 ....... 363
Subchapter 4. Additional Penalty, §§ 27-50-401 to 27-50-408 ......................... 366
Subchapter 5. Traffic Citations, §§ 27-50-501 to 27-50-505 ............................ 367
Subchapter 6. Arrest and Release, §§ 27-50-601 to 27-50-612 ........................ 368
Subchapter 7. Trial and Judgment, §§ 27-50-701, 27-50-702 .......................... 371
Subchapter 8. Convictions, §§ 27-50-801 to 27-50-805 .................................. 371
Subchapter 9. Central Driver’s Records File, §§ 27-50-901 to 27-50-912 ............ 372
Subchapter 10. Reports of Accidents, §§ 27-50-1001 to 27-50-1007 .................. 374
Subchapter 11. Abandoned Vehicles, §§ 27-50-1101 to 27-50-1103 ................... 375
Subchapter 12. Removal or Immobilization of Unattended or Abandoned Vehicles,
§§ 27-50-1201 to 27-50-1221 ............................................. 378
Chapter 51. Operation of Vehicles — Rules of the Road.
Subchapter 1. General Provisions, §§ 27-51-101 to 27-51-104 ........................ 391
Subchapter 2. Speed Limits, §§ 27-51-201 to 27-51-217 ................................ 392
Subchapter 3. Driving, Overtaking, and Passing, §§ 27-51-301 to 27-51-311 ...... 395
Subchapter 4. Turning, Stopping, and Signaling, §§ 27-51-401 to 27-51-405 ....... 398
Subchapter 5. Intersections, §§ 27-51-501 to 27-51-503 ................................ 399
Subchapter 6. Stops and Yielding, §§ 27-51-601 to 27-51-604 ......................... 399
Subchapter 7. Railroad Grade Crossings, §§ 27-51-701 to 27-51-706 ................ 400
Subchapter 8. Streetcars, §§ 27-51-801 to 27-51-803 ................................... 402
Subchapter 9. Emergency Vehicles, §§ 27-51-901 to 27-51-906 ....................... 402
Subchapter 10. School Buses, §§ 27-51-1001 to 27-51-1005 ........................... 404
Subchapter 11. Church Buses, §§ 27-51-1101 to 27-51-1104 ........................... 405
Subchapter 12. Pedestrians, §§ 27-51-1201 to 27-51-1205 ............................. 406
Subchapter 13. Stopping, Standing, or Parking, §§ 27-51-1301 to 27-51-1309 ..... 406
Subchapter 14. Miscellaneous Rules, §§ 27-51-1401 to 27-51-1409 .................. 408
Subchapter 15. Paul’s Law: To Prohibit Drivers from Using a Wireless Communi-
cations Device While Operating a Motor Vehicle, §§ 27-51-1501 to
27-51-1506 ................................................................... 410
Subchapter 16. Fewer Distractions Mean Safer Driving Act, §§ 27-51-1601 to
27-51-1610 ................................................................... 411
Subchapter 17. Electric Bicycle Act, §§ 27-51-1701 to 27-51-1706 .................... 412
Chapter 52. Traffic-Control Devices.
Subchapter 1. General Provisions, §§ 27-52-101 to 27-52-111 ......................... 414
Subchapter 2. Uniform System, §§ 27-52-201 to 27-52-206 ............................ 417
Chapter 53. Accidents.
Subchapter 1. General Provisions, §§ 27-53-101 to 27-53-105 ........................ 418
Subchapter 2. Accident Reports, §§ 27-53-201 to 27-53-211 ........................... 419
Subchapter 3. Investigations, §§ 27-53-301 to 27-53-307 .............................. 421
Subchapter 4. Damage Claims, §§ 27-53-401 to 27-53-405 ............................ 423
Chapter 54. Nonresident Violator Compact, § 27-54-101 .................................... 423
Chapters 55-63. [Reserved] ........................................................................ 426
Subtitle 5. Highways, Roads, and Streets.
Chapter 64. General Provisions.
Subchapter 1. Miscellaneous Provisions, §§ 27-64-101 to 27-64-104 ................. 426
Subchapter 5. Arkansas Highway Financing Act of 2011, §§ 27-64-501 to 27-64-514 428
Chapter 65. Arkansas Department of Transportation — State Highway Commission,
§§ 27-65-101 to 27-65-145 ......................................................... 432
Chapter 66. Establishment and Maintenance Generally.
Subchapter 5. Protection of Road Surfaces, §§ 27-66-501 to 27-66-507 .............. 441
xiii TABLE OF CONTENTS
Page
Chapter 67. State Highway System.
Subchapter 1. General Provisions, §§ 27-67-101 to 27-67-103 ........................ 443
Subchapter 2. Highway Designation, Construction, and Maintenance,
§§ 27-67-201 to 27-67-228 ................................................. 443
Subchapter 3. Acquisition, Condemnation, and Disposition of Property,
§§ 27-67-301 to 27-67-323 ................................................. 452
Chapter 68. Controlled-Access Facilities, §§ 27-68-101 to 27-68-111 ...................... 458
Chapter 73. Highway Safety.
Subchapter 1. General Provisions, §§ 27-73-101, 27-73-102 ........................... 460
Subchapter 2. Flashing Lights Near Highways, §§ 27-73-201 to 27-73-206 ........ 460
Subchapter 3. Notice of Smoke Obstructing Highway, §§ 27-73-301, 27-73-302 ... 461
Subtitle 6. Bridges and Ferries.
Chapter 85. General Provisions, § 27-85-101 .................................................. 462
Subtitle 7. Watercourses and Navigation.
Chapter 101. Watercraft.
Subchapter 3. Motorboat Registration and Numbering, §§ 27-101-301 to
27-101-313 .................................................................... 462
Arkansas State Highway Commission Regulations ................................................. 469
Index ......................................................................................................... 479
xivTABLE OF CONTENTS
Table of Sections Affected
Section
Affected Effect Act No. Bill Section
5-65-104 ....................... Amended .......... 913 ................. HB 1289 ................. 18
5-65-104 ....................... Amended .......... 1094 ............... HB 1268 ................... 1
5-65-109 ....................... Amended .......... 913 ................. HB 1289 ................. 19
5-65-111 ....................... Amended .......... 333 ................. HB 1320 ................... 4
5-65-111 ....................... Amended .......... 1032 ............... HB 1668 ................... 1
5-65-115 ....................... Amended .......... 913 ................. HB 1289 ................. 20
5-65-118 ....................... Amended .......... 1094 ............... HB 1268 ................... 2
5-65-118 ....................... Amended .......... 1094 ............... HB 1268 ................... 3
5-65-121 ....................... Amended .......... 913 ................. HB 1289 ................. 21
5-65-202 ....................... Amended .......... 1031 ............... HB 2248 ................... 1
5-65-204 ....................... Amended .......... 1031 ............... HB 2248 ................... 2
5-65-204 ....................... Amended .......... 1031 ............... HB 2248 ................... 3
5-65-205 ....................... Amended .......... 333 ................. HB 1320 ................... 5
5-65-205 ....................... Amended .......... 1031 ............... HB 2248 ................... 4
5-65-208 ....................... Amended .......... 1031 ............... HB 2248 ................... 5
5-65-307 ....................... Amended .......... 913 ................. HB 1289 ................. 22
5-65-309 ....................... Amended .......... 1031 ............... HB 2248 ................... 6
5-65-402 ....................... Amended .......... 1031 ............... HB 2248 ................... 7
5-65-402 ....................... Amended .......... 1031 ............... HB 2248 ................... 8
5-71-218 ....................... New ................ 849 ................. HB 1922 ................... 1
5-77-201 ....................... Amended .......... 439 ................. HB 1385 ................... 1
5-77-202 ....................... Amended .......... 439 ................. HB 1385 ................... 2
5-77-205 ....................... Amended .......... 439 ................. HB 1385 ................... 3
6-21-711 ....................... Repealed .......... 3SS 2 .............. SB 10 ...................... 3
16-10-305 ..................... Amended .......... 583 ................. HB 1420 ................... 3
19-6-832 ....................... New ................ 3SS 1 .............. HB 1009 ................. 13
20-32-105 ..................... Amended .......... 707 ................. SB 589 .................... 62
23-11-101 ..................... Amended .......... 707 ................. SB 589 .................. 153
23-13-102 ..................... Amended .......... 707 ................. SB 589 .................. 182
23-13-203 ..................... Amended .......... 707 ................. SB 589 .................. 183
23-13-207 ..................... Amended .......... 707 ................. SB 589 .................. 184
23-13-208 ..................... Amended .......... 707 ................. SB 589 .................. 185
23-13-222 ..................... Amended .......... 707 ................. SB 589 .................. 198
23-13-229 ..................... Amended .......... 707 ................. SB 589 .................. 203
23-13-230 ..................... Amended .......... 707 ................. SB 589 .................. 204
23-13-233 ..................... Amended .......... 707 ................. SB 589 .................. 206
23-13-234 ..................... Amended .......... 707 ................. SB 589 .................. 207
23-13-720 ..................... Amended .......... 707 ................. SB 589 .................. 232
23-13-720 ..................... Amended .......... 954 ................. HB 1573 ................... 1
23-112-107 .................... Amended .......... 707 ................. SB 589 .................. 266
26-52-301 ..................... Amended .......... 141 ................. HB 1162 .................. 15
26-52-301 ..................... Amended .......... 141 ................. HB 1162 .................. 16
26-52-302 ..................... Amended .......... 141 ................. HB 1162 .................. 17
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 22
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 23
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 24
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 25
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 26
xv
Section
Affected Effect Act No. Bill Section
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 27
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 28
26-52-401 ..................... Amended .......... 141 ................. HB 1162 .................. 29
26-52-521 ..................... Amended .......... 141 ................. HB 1162 .................. 39
26-52-521 ..................... Amended .......... 141 ................. HB 1162 .................. 40
26-52-521 ..................... Amended .......... 141 ................. HB 1162 .................. 41
27-2-103 ....................... Amended .......... 707 ................. SB 589 .................. 314
27-2-105 ....................... Amended .......... 707 ................. SB 589 .................. 315
27-14-101 ..................... Amended .......... 448 ................. HB 1483 ................... 1
27-14-104 ..................... New ................ 448 ................. HB 1483 ................... 2
27-14-201 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-202 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-203 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-204 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-205 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-206 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-207 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-208 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-209 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-210 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-211 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-212 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-213 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-214 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-215 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-216 ..................... Repealed .......... 448 ................. HB 1483 ................... 3
27-14-305 ..................... Amended .......... 532 ................. HB 1691 ................... 4
27-14-402 ..................... Amended .......... 448 ................. HB 1483 ................... 4
27-14-403 ..................... Amended .......... 448 ................. HB 1483 ................... 4
27-14-404 ..................... Amended .......... 448 ................. HB 1483 ................... 4
27-14-405 ..................... Amended .......... 786 ................. HB 1657 ................... 1
27-14-406 ..................... Amended .......... 786 ................. HB 1657 ................... 1
27-14-407 ..................... Amended .......... 786 ................. HB 1657 ................... 1
27-14-410 ..................... Amended .......... 448 ................. HB 1483 ................... 5
27-14-411 ..................... Amended .......... 448 ................. HB 1483 ................... 5
27-14-412 ..................... Amended .......... 448 ................. HB 1483 ................... 5
27-14-414 ..................... Repealed .......... 1016 ............... HB 2193 ................... 1
27-14-505 ..................... New ................ 997 ................. HB 1683 ................... 2
27-14-601 ..................... Amended .......... 707 ................. SB 589 .................. 322
27-14-601 ..................... Amended .......... 707 ................. SB 589 .................. 323
27-14-602 ..................... Amended .......... 448 ................. HB 1483 ................... 6
27-14-602 ..................... Amended .......... 532 ................. HB 1691 ................... 5
27-14-603 ..................... Amended .......... 448 ................. HB 1483 ................... 6
27-14-606 ..................... Amended .......... 532 ................. HB 1691 ................... 6
27-14-611 ..................... Amended .......... 707 ................. SB 589 .................. 324
27-14-612 ..................... Amended .......... 331 ................. HB 1038 ................... 1
27-14-613 ..................... New ................ 532 ................. HB 1691 ................... 7
27-14-701 ..................... Amended .......... 448 ................. HB 1483 ................... 7
27-14-705 ..................... Amended .......... 448 ................. HB 1483 ................... 8
27-14-713 ..................... Amended .......... 448 ................. HB 1483 ................... 9
27-14-721 ..................... Amended .......... 448 ................. HB 1483 ................. 10
27-14-722 ..................... Amended .......... 448 ................. HB 1483 .................. 11
27-14-806 ..................... Amended .......... 448 ................. HB 1483 ................. 12
27-14-806 ..................... Amended .......... 687 ................. SB 749 ..................... 1
xviTABLE OF SECTIONS AFFECTED
Section
Affected Effect Act No. Bill Section
27-14-906 ..................... Amended .......... 448 ................. HB 1483 ................. 13
27-14-907 ..................... Amended .......... 448 ................. HB 1483 ................. 14
27-14-1002 .................... Amended .......... 448 ................. HB 1483 ................. 15
27-14-1005 .................... Amended .......... 532 ................. HB 1691 ................... 8
27-14-1018 .................... Amended .......... 532 ................. HB 1691 ................... 9
27-14-1202 .................... Amended .......... 448 ................. HB 1483 ................. 16
27-14-1403 .................... Amended .......... 707 ................. SB 589 .................. 325
27-14-1602 .................... Amended .......... 384 ................. SB 277 ..................... 1
27-14-1703 .................... Amended .......... 448 ................. HB 1483 ................. 17
27-14-1705 .................... Amended .......... 1119 ................ SB 510 ..................... 2
27-14-1705 .................... Amended .......... 1119 ................ SB 510 ..................... 3
27-14-2302 .................... Amended .......... 651 ................. SB 334 ..................... 1
27-14-2305 .................... Amended .......... 651 ................. SB 334 ..................... 2
27-15-302 ..................... Amended .......... 799 ................. HB 1882 ................... 1
27-15-304 ..................... Amended .......... 799 ................. HB 1882 ................... 2
27-15-305 ..................... Amended .......... 799 ................. HB 1882 ................... 3
27-15-305 ..................... Amended .......... 799 ................. HB 1882 ................... 4
27-15-307 ..................... Amended .......... 799 ................. HB 1882 ................... 5
27-15-308 ..................... Amended .......... 799 ................. HB 1882 ................... 6
27-15-310 ..................... Amended .......... 799 ................. HB 1882 ................... 7
27-15-312 ..................... Amended .......... 799 ................. HB 1882 ................... 8
27-15-315 ..................... Amended .......... 799 ................. HB 1882 ................... 9
27-15-317 ..................... New ................ 1003 ............... HB 2069 ................... 1
27-15-4902 .................... Amended .......... 913 ................. HB 1289 ................ 130
27-15-4904 .................... Amended .......... 913 ................. HB 1289 ................ 131
27-16-101 ..................... Amended .......... 448 ................. HB 1483 ................. 18
27-16-104 ..................... New ................ 448 ................. HB 1483 ................. 19
27-16-201 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-202 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-203 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-204 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-205 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-206 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-207 ..................... Repealed .......... 448 ................. HB 1483 ................. 20
27-16-303 ..................... Amended .......... 448 ................. HB 1483 ................. 21
27-16-508 ..................... Amended .......... 915 ................. HB 2090 ................... 1
27-16-509 ..................... Amended .......... 448 ................. HB 1483 ................. 22
27-16-509 ..................... Amended .......... 448 ................. HB 1483 ................. 23
27-16-509 ..................... Amended .......... 448 ................. HB 1483 ................. 24
27-16-601 ..................... Amended .......... 557 ................. SB 428 ..................... 1
27-16-604 ..................... Amended .......... 448 ................. HB 1483 ................. 25
27-16-701 ..................... Amended .......... 806 ................. HB 2172 ................... 1
27-16-701 ..................... Amended .......... 806 ................. HB 2172 ................... 2
27-16-702 ..................... Amended .......... 448 ................. HB 1483 ................. 26
27-16-706 ..................... Amended .......... 490 ................. HB 1670 ................... 2
27-16-801 ..................... Amended .......... 448 ................. HB 1483 ................. 27
27-16-801 ..................... Amended .......... 448 ................. HB 1483 ................. 28
27-16-801 ..................... Amended .......... 448 ................. HB 1483 ................. 29
27-16-801 ..................... Amended .......... 460 ................. SB 147 ..................... 1
27-16-801 ..................... Amended .......... 460 ................. SB 147 ..................... 2
27-16-801 ..................... Amended .......... 460 ................. SB 147 ..................... 3
27-16-801 ..................... Amended .......... 557 ................. SB 428 ..................... 2
27-16-801 ..................... Amended .......... 557 ................. SB 428 ..................... 3
27-16-801 ..................... Amended .......... 976 ................. SB 679 ..................... 1
xvii TABLE OF SECTIONS AFFECTED
Section
Affected Effect Act No. Bill Section
27-16-801 ..................... Amended .......... 1012 ............... HB 2203 ................... 1
27-16-808 ..................... Amended .......... 915 ................. HB 2090 ................... 2
27-16-815 ..................... New ................ 366 ................. SB 266 ..................... 1
27-16-816 ..................... New ................ 1012 ............... HB 2203 ................... 2
27-16-901 ..................... Amended .......... 448 ................. HB 1483 ................. 30
27-16-902 ..................... Amended .......... 131 ................. HB 1147 ................... 1
27-16-1105 .................... Amended .......... 1012 ............... HB 2203 ................... 3
27-16-1213 .................... Repealed .......... 464 ................. SB 359 ..................... 1
27-16-1301 .................... Amended .......... 626 ................. HB 1656 ................... 1
27-16-1302 .................... Amended .......... 626 ................. HB 1656 ................... 2
27-16-1303 .................... Amended .......... 626 ................. HB 1656 ................... 3
27-16-1304 .................... Amended .......... 626 ................. HB 1656 ................... 3
27-16-1305 .................... Amended .......... 626 ................. HB 1656 ................... 4
27-16-1306 .................... Amended .......... 626 ................. HB 1656 ................... 5
27-16-1307 .................... Repealed .......... 626 ................. HB 1656 ................... 6
27-16-1308 .................... Amended .......... 626 ................. HB 1656 ................... 7
27-16-1309 .................... Amended .......... 626 ................. HB 1656 ................... 8
27-18-111 ..................... New ................ 490 ................. HB 1670 ................... 3
27-20-101 ..................... Amended .......... 956 ................. HB 2185 ................... 1
27-20-119 ..................... Repealed .......... 689 ................. SB 365 ..................... 1
27-20-301 ..................... Amended .......... 689 ................. SB 365 ..................... 2
27-20-303 ..................... Amended .......... 689 ................. SB 365 ..................... 3
27-20-306 ..................... Amended .......... 689 ................. SB 365 ..................... 4
27-20-307 ..................... Amended .......... 689 ................. SB 365 ..................... 5
27-21-102 ..................... Amended .......... 272 ................. HB 1148 ................... 1
27-21-109 ..................... Amended .......... 272 ................. HB 1148 ................... 2
27-21-109 ..................... Amended .......... 272 ................. HB 1148 ................... 3
27-22-201 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-202 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-203 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-204 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-205 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-206 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-207 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-208 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-209 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-210 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-211 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-22-212 ..................... New ................ 1016 ............... HB 2193 ................... 2
27-23-103 ..................... Amended .......... 463 ................. SB 358 ..................... 1
27-23-103 ..................... Amended .......... 463 ................. SB 358 ..................... 2
27-23-108 ..................... Amended .......... 922 ................. HB 1923 ................... 1
27-23-110 ..................... Amended .......... 463 ................. SB 358 ..................... 3
27-23-114 ..................... Amended .......... 463 ................. SB 358 ..................... 4
27-23-120 ..................... Amended .......... 707 ................. SB 589 .................. 326
27-23-122 ..................... Amended .......... 707 ................. SB 589 .................. 327
27-24-206 ..................... Amended .......... 573 ................. HB 1569 ................... 1
27-24-206 ..................... Amended .......... 573 ................. HB 1569 ................... 2
27-24-208 ..................... Amended .......... 965 ................. HB 2039 ................... 1
27-24-211 ..................... Amended .......... 493 ................. HB 1137 ................... 1
27-24-402 ..................... Amended .......... 707 ................. SB 589 .................. 328
27-24-703 ..................... Amended .......... 448 ................. HB 1483 ................. 31
27-24-1306 .................... Amended .......... 800 ................. HB 1921 ................... 1
27-24-1315 .................... Repealed .......... 1050 ............... SB 677 ..................... 2
xviiiTABLE OF SECTIONS AFFECTED
Section
Affected Effect Act No. Bill Section
27-24-1413 .................... Repealed .......... 928 ................. SB 379 ..................... 2
27-24-1426 .................... New ................ 928 ................. SB 379 ..................... 1
27-24-1427 .................... New ................ 1050 ............... SB 677 ..................... 1
27-35-102 ..................... Amended .......... 619 ................. HB 1998 ................... 2
27-35-112 ..................... Amended .......... 998 ................. HB 1867 ................... 1
27-35-206 ..................... Amended .......... 650 ................. SB 415 ..................... 1
27-35-208 ..................... Amended .......... 619 ................. HB 1998 ................... 3
27-35-208 ..................... Amended .......... 619 ................. HB 1998 ................... 4
27-35-210 ..................... Amended .......... 650 ................. SB 415 ..................... 2
27-35-210 ..................... Amended .......... 707 ................. SB 589 .................. 329
27-35-210 ..................... Amended .......... 1085 ............... HB 2211 ................... 1
27-35-301 ..................... Amended .......... 707 ................. SB 589 .................. 330
27-35-303 ..................... Amended .......... 707 ................. SB 589 .................. 331
27-35-304 ..................... Amended .......... 707 ................. SB 589 .................. 332
27-35-305 ..................... Amended .......... 707 ................. SB 589 .................. 333
27-35-306 ..................... Amended .......... 707 ................. SB 589 .................. 334
27-35-307 ..................... Amended .......... 707 ................. SB 589 .................. 335
27-35-308 ..................... Amended .......... 707 ................. SB 589 .................. 336
27-35-309 ..................... Amended .......... 707 ................. SB 589 .................. 337
27-36-201 ..................... Repealed .......... 448 ................. HB 1483 ................. 32
27-36-202 ..................... Repealed .......... 448 ................. HB 1483 ................. 32
27-36-203 ..................... Repealed .......... 448 ................. HB 1483 ................. 32
27-36-208 ..................... Amended .......... 816 ................. SB 349 ..................... 1
27-36-212 ..................... Repealed .......... 448 ................. HB 1483 ................. 33
27-36-306 ..................... Amended .......... 816 ................. SB 349 ..................... 2
27-37-201 ..................... Repealed .......... 448 ................. HB 1483 ................. 34
27-37-202 ..................... Amended .......... 707 ................. SB 589 .................. 338
27-37-202 ..................... Amended .......... 793 ................. HB 2188 ................... 1
27-37-301 ..................... Repealed .......... 448 ................. HB 1483 ................. 35
27-38-201 ..................... Repealed .......... 448 ................. HB 1483 ................. 36
27-38-202 ..................... Repealed .......... 448 ................. HB 1483 ................. 36
27-38-203 ..................... Repealed .......... 448 ................. HB 1483 ................. 36
27-38-204 ..................... Repealed .......... 448 ................. HB 1483 ................. 36
27-49-109 ..................... Amended .......... 793 ................. HB 2188 ................... 2
27-49-111 ..................... Amended .......... 956 ................. HB 2185 ................... 2
27-49-113 ..................... New ................ 816 ................. SB 349 ..................... 3
27-49-114 ..................... New ................ 448 ................. HB 1483 ................. 37
27-49-201 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-202 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-203 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-204 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-205 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-206 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-207 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-208 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-209 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-210 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-211 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-212 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-213 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-214 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-215 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-216 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-217 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
xix TABLE OF SECTIONS AFFECTED
Section
Affected Effect Act No. Bill Section
27-49-218 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-49-219 ..................... Repealed .......... 448 ................. HB 1483 ................. 38
27-50-201 ..................... Amended .......... 707 ................. SB 589 .................. 339
27-50-202 ..................... Amended .......... 707 ................. SB 589 .................. 340
27-50-203 ..................... Amended .......... 446 ................. HB 1642 ................... 1
27-50-203 ..................... Amended .......... 707 ................. SB 589 .................. 341
27-50-204 ..................... Amended .......... 448 ................. HB 1483 ................. 40
27-50-204 ..................... Amended .......... 707 ................. SB 589 .................. 342
27-50-205 ..................... Amended .......... 446 ................. HB 1642 ................... 2
27-50-205 ..................... Amended .......... 448 ................. HB 1483 ................. 41
27-50-205 ..................... Amended .......... 707 ................. SB 589 .................. 343
27-50-306 ..................... Amended .......... 714 ................. SB 702 ..................... 6
27-50-307 ..................... Amended .......... 448 ................. HB 1483 ................. 42
27-50-408 ..................... Amended .......... 707 ................. SB 589 .................. 344
27-50-906 ..................... Amended .......... 466 ................. SB 360 ..................... 1
27-50-1202 .................... Amended .......... 953 ................. HB 1999 ................... 1
27-50-1202 .................... Amended .......... 953 ................. HB 1999 ................... 2
27-50-1203 .................... Amended .......... 953 ................. HB 1999 ................... 3
27-50-1203 .................... Amended .......... 953 ................. HB 1999 ................... 4
27-50-1203 .................... Amended .......... 953 ................. HB 1999 ................... 5
27-50-1212 .................... Amended .......... 707 ................. SB 589 .................. 345
27-50-1221 .................... New ................ 953 ................. HB 1999 ................... 6
27-51-201 ..................... Amended .......... 1097 ............... HB 2057 ................... 1
27-51-202 ..................... Amended .......... 793 ................. HB 2188 ................... 3
27-51-203 ..................... Repealed .......... 1097 ............... HB 2057 ................... 2
27-51-204 ..................... Amended .......... 707 ................. SB 589 .................. 346
27-51-204 ..................... Amended .......... 1097 ............... HB 2057 ................... 3
27-51-207 ..................... Amended .......... 707 ................. SB 589 .................. 347
27-51-210 ..................... Amended .......... 707 ................. SB 589 .................. 348
27-51-213 ..................... Amended .......... 707 ................. SB 589 .................. 349
27-51-217 ..................... New ................ 714 ................. SB 702 ..................... 7
27-51-301 ..................... Amended .......... 707 ................. SB 589 .................. 350
27-51-305 ..................... Amended .......... 797 ................. HB 1754 ................... 1
27-51-310 ..................... Amended .......... 707 ................. SB 589 .................. 351
27-51-905 ..................... New ................ 448 ................. HB 1483 ................. 39
27-51-906 ..................... New ................ 793 ................. HB 2188 ................... 4
27-51-1001 .................... Amended .......... 398 ................. HB 1144 ................... 2
27-51-1303 .................... Amended .......... 707 ................. SB 589 .................. 352
27-51-1408 .................... New ................ 797 ................. HB 1754 ................... 2
27-51-1409 .................... New ................ 816 ................. SB 349 ..................... 4
27-51-1501 .................... Amended .......... 706 ................. SB 374 ..................... 1
27-51-1503 .................... Amended .......... 706 ................. SB 374 ..................... 2
27-51-1504 .................... Amended .......... 706 ................. SB 374 ..................... 3
27-51-1506 .................... Amended .......... 706 ................. SB 374 ..................... 4
27-51-1602 .................... Amended .......... 707 ................. SB 589 .................. 353
27-51-1607 .................... Amended .......... 706 ................. SB 374 ..................... 5
27-51-1701 .................... New ................ 956 ................. HB 2185 ................... 3
27-51-1702 .................... New ................ 956 ................. HB 2185 ................... 3
27-51-1703 .................... New ................ 956 ................. HB 2185 ................... 3
27-51-1704 .................... New ................ 956 ................. HB 2185 ................... 3
27-51-1705 .................... New ................ 956 ................. HB 2185 ................... 3
27-51-1706 .................... New ................ 956 ................. HB 2185 ................... 3
27-52-103 ..................... Amended .......... 816 ................. SB 349 ..................... 5
27-52-110 ..................... Amended .......... 707 ................. SB 589 .................. 354
xxTABLE OF SECTIONS AFFECTED
Section
Affected Effect Act No. Bill Section
27-52-111 ..................... Amended .......... 707 ................. SB 589 .................. 355
27-53-102 ..................... Amended .......... 615 ................. SB 363 ..................... 1
27-53-104 ..................... Amended .......... 615 ................. SB 363 ..................... 2
27-53-105 ..................... Amended .......... 615 ................. SB 363 ..................... 3
27-53-207 ..................... Amended .......... 618 ................. HB 1997 ................... 1
27-53-207 ..................... Amended .......... 707 ................. SB 589 .................. 356
27-53-211 ..................... Amended .......... 618 ................. HB 1997 ................... 2
27-53-211 ..................... Amended .......... 707 ................. SB 589 .................. 357
27-53-304 ..................... Amended .......... 707 ................. SB 589 .................. 358
27-64-101 ..................... Amended .......... 707 ................. SB 589 .................. 359
27-64-103 ..................... Amended .......... 707 ................. SB 589 .................. 360
27-65-102 ..................... Amended .......... 707 ................. SB 589 .................. 361
27-65-103 ..................... Amended .......... 707 ................. SB 589 .................. 362
27-65-107 ..................... Amended .......... 707 ................. SB 589 .................. 363
27-65-122 ..................... Amended .......... 707 ................. SB 589 .................. 364
27-65-123 ..................... Amended .......... 707 ................. SB 589 .................. 365
27-65-129 ..................... Amended .......... 707 ................. SB 589 .................. 366
27-65-130 ..................... Amended .......... 707 ................. SB 589 .................. 367
27-65-134 ..................... Amended .......... 707 ................. SB 589 .................. 368
27-65-135 ..................... Amended .......... 707 ................. SB 589 .................. 369
27-65-136 ..................... Amended .......... 707 ................. SB 589 .................. 370
27-65-137 ..................... Amended .......... 707 ................. SB 589 .................. 371
27-65-138 ..................... Amended .......... 707 ................. SB 589 .................. 372
27-65-139 ..................... Amended .......... 707 ................. SB 589 .................. 373
27-65-140 ..................... Amended .......... 450 ................. HB 1641 ................... 1
27-65-140 ..................... Amended .......... 707 ................. SB 589 .................. 374
27-65-141 ..................... Amended .......... 707 ................. SB 589 .................. 375
27-65-142 ..................... Amended .......... 707 ................. SB 589 .................. 376
27-65-143 ..................... Amended .......... 707 ................. SB 589 .................. 377
27-65-144 ..................... Amended .......... 707 ................. SB 589 .................. 378
27-65-145 ..................... New ................ 705 ................. SB 605 ..................... 3
27-66-102 ..................... Amended .......... 707 ................. SB 589 .................. 379
27-66-501 ..................... Amended .......... 707 ................. SB 589 .................. 380
27-66-501 ..................... Amended .......... 707 ................. SB 589 .................. 381
27-66-601 ..................... Amended .......... 707 ................. SB 589 .................. 382
27-67-202 ..................... Amended .......... 707 ................. SB 589 .................. 383
27-67-203 ..................... Amended .......... 707 ................. SB 589 .................. 384
27-67-204 ..................... Amended .......... 707 ................. SB 589 .................. 385
27-67-204 ..................... Amended .......... 956 ................. HB 2185 ................... 4
27-67-210 ..................... Amended .......... 707 ................. SB 589 .................. 386
27-67-211 ..................... Amended .......... 789 ................. HB 1302 ................... 1
27-67-213 ..................... Amended .......... 707 ................. SB 589 .................. 387
27-67-215 ..................... Amended .......... 707 ................. SB 589 .................. 388
27-67-216 ..................... Amended .......... 707 ................. SB 589 .................. 389
27-67-217 ..................... Amended .......... 707 ................. SB 589 .................. 390
27-67-219 ..................... Amended .......... 707 ................. SB 589 .................. 391
27-67-220 ..................... Amended .......... 707 ................. SB 589 .................. 392
27-67-221 ..................... Amended .......... 707 ................. SB 589 .................. 393
27-67-222 ..................... Amended .......... 707 ................. SB 589 .................. 394
27-67-223 ..................... Amended .......... 707 ................. SB 589 .................. 395
27-67-224 ..................... Amended .......... 707 ................. SB 589 .................. 396
27-67-225 ..................... Amended .......... 707 ................. SB 589 .................. 397
27-67-226 ..................... New ................ 451 ................. HB 1054 ................... 2
27-67-227 ..................... New ................ 810 ................. HB 2179 ................... 1
xxi TABLE OF SECTIONS AFFECTED
Section
Affected Effect Act No. Bill Section
27-67-228 ..................... New ................ 1070 ............... SB 632 ..................... 2
27-67-303 ..................... Amended .......... 707 ................. SB 589 .................. 398
27-67-306 ..................... Amended .......... 964 ................. HB 2093 ................... 1
27-67-311 ..................... Amended .......... 707 ................. SB 589 .................. 399
27-67-316 ..................... Amended .......... 707 ................. SB 589 .................. 400
27-67-318 ..................... Amended .......... 707 ................. SB 589 .................. 401
27-67-321 ..................... Amended .......... 707 ................. SB 589 .................. 402
27-67-321 ..................... Amended .......... 1036 ............... HB 2182 ................... 1
27-67-322 ..................... Amended .......... 1036 ............... HB 2182 ................... 2
27-67-322 ..................... Amended .......... 1036 ............... HB 2182 ................... 3
27-67-323 ..................... Repealed .......... 1036 ............... HB 2182 ................... 4
27-85-101 ..................... Amended .......... 707 ................. SB 589 .................. 430
xxiiTABLE OF SECTIONS AFFECTED
Arkansas Motor Vehicle and Traffic Laws
and State Highway Commission Regulations
TITLE 5
CRIMINAL OFFENSES
SUBTITLE 1. GENERAL
PROVISIONS
CHAPTER 4
DISPOSITION OF OFFENDERS
SUBCHAPTER 2 — FINES, COSTS, AND
RESTITUTION
5-4-203. [Repealed.]
Publisher’s Notes. This section, concerning consequences of
nonpayment, was repealed by Acts 2009, No. 633, § 1. The section
was derived from Acts 1975, No. 280, § 1103; A.S.A. 1947, § 41-
1103; Acts 1995, No. 1116, § 1; 2001, No. 1553, § 5; 2003, No. 110,
§ 1.
SUBTITLE 3. OFFENSES
INVOLVING FAMILIES,
DEPENDENTS, ETC.
CHAPTER 27
OFFENSES AGAINST CHILDREN
OR INCOMPETENTS
SUBCHAPTER 5 — FRAUDULENT
IDENTIFICATION DOCUMENTS FOR MINORS
SECTION
.
5-27-504
. Denial of driving privileges.
5-27-504. Denial of driving privileges.
(a)(1) If a minor pleads guilty, nolo contendere, or
is found guilty of violation of § 5-27-503, or is found
by a juvenile division of circuit court to have com-
mitted a violation of § 5-27-503, the court shall
prepare and transmit to the Department of Finance
and Administration within twenty-four (24) hours
after the plea or finding an order of denial of driving
privileges for the minor.
(2) In a case of extreme and unusual hardship,
the order may provide for the issuance of a restricted
driving permit to allow driving to and from a place of
employment or driving to and from school.
(b) Upon receipt of an order of denial of driving
privileges under this subchapter, the department
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 period
of time is shortest.
(c) A penalty prescribed in this section is in addi-
tion to a penalty prescribed by § 5-27-503.
History. Acts 1991, No. 567, § 4.
SUBTITLE 4. OFFENSES
AGAINST PROPERTY
CHAPTER 36
THEFT
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
5-36-108
. Unauthorized use of a vehicle.
5-36-108. Unauthorized use of a vehicle.
(a) A person commits unauthorized use of a ve-
hicle if the person knowingly takes, operates, or
exercises control over another person’s vehicle with-
out consent of the owner.
(b) Unauthorized use of a vehicle is a Class A
misdemeanor.
History. Acts 1975, No. 280, § 2208; A.S.A. 1947, § 41-2208.
CHAPTER 38
DAMAGE OR DESTRUCTION OF
PROPERTY
SUBCHAPTER 2 — OFFENSES GENERALLY
SECTION
.
5-38-203
. Criminal mischief in the first degree.
5-38-203. Criminal mischief in the first de-
gree.
(a) A person commits the offense of criminal mis-
chief in the first degree if he or she purposely and
1
without legal justification destroys or causes dam-
age to any:
(1) Property of another; or
(2) Property, whether his or her own or property
of another, for the purpose of collecting any insur-
ance for the property.
(b) Criminal mischief in the first degree is a:
(1) Class A misdemeanor if the amount of actual
damage is one thousand dollars ($1,000) or less;
(2) Class D felony if the amount of actual damage
is more than one thousand dollars ($1,000) but five
thousand dollars ($5,000) or less;
(3) Class C felony if the amount of actual damage
is more than five thousand dollars ($5,000) but less
than twenty-five thousand dollars ($25,000); or
(4) Class B felony if the amount of actual damage
is twenty-five thousand dollars ($25,000) or more.
(c) In an action under this section involving cut-
ting and removing timber from the property of
another person:
(1) The following create a presumption of a pur-
pose to commit the offense of criminal mischief in
the first degree:
(A) The failure to obtain the survey as required
by § 15-32-101; or
(B) The purposeful misrepresentation of the
ownership or origin of the timber; and
(2)(A) There is imposed in addition to a penalty in
subsection (b) of this section a fine of not more
than two (2) times the value of the timber de-
stroyed or damaged.
(B) However, in addition to subdivision (c)(2)(A)
of this section, the court may require the defen-
dant to make restitution to the owner of the
timber.
(d) A person convicted of a felony offense under
this section is subject to an enhanced sentence of an
additional term of imprisonment of five (5) years at
the discretion of the court if the finder of fact finds
that the damage to property involved the removal of
nonferrous metal, as it is defined in § 17-44-101.
History. Acts 1975, No. 280, § 1906; 1977, No. 360, § 7; 1981,
No. 544, § 2; 1981, No. 671, § 1; A.S.A. 1947, § 41-1906; Acts 1988
(3rd Ex. Sess.), No. 13, § 1; 1995, No. 1296, § 5; 1997, No. 448, § 1;
2005, No. 1994, § 443; 2011, No. 570, § 29; 2013, No. 1354, § 5.
SUBTITLE 6. OFFENSES
AGAINST PUBLIC HEALTH,
SAFETY, OR WELFARE
CHAPTER 64
CONTROLLED SUBSTANCES
SUBCHAPTER 7 — PROVISIONS RELATING TO
THE
UNIFORM CONTROLLED SUBSTANCES ACT
SECTION
.
5-64-710
. Denial of driving privileges for minor — Restricted
permit.
5-64-710. Denial of driving privileges for mi-
nor — Restricted permit.
(a)(1) As used in this section “drug offense” means
the:
(A) Possession, distribution, manufacture, cul-
tivation, sale, transfer, or the attempt or con-
spiracy to possess, distribute, manufacture, culti-
vate, sell, or transfer any substance the possession
of which is prohibited under this chapter; or
(B) Operation of a motor vehicle under the
influence of any substance the possession of which
is prohibited under this chapter.
(2) As used in subdivision (a)(1) of this section:
(A)(i) “Motor vehicle” means any vehicle that is
self-propelled by which a person or thing may be
transported upon a public highway and is regis-
tered in the State of Arkansas or of the type
subject to registration in Arkansas.
(ii) “Motor vehicle” includes any:
(a) “Motorcycle”, “motor-driven cycle”, or “mo-
torized bicycle”, as defined in § 27-20-101; and
(b) “Commercial motor vehicle”, as defined in
§ 27-23-103; and
(B) “Substance the possession of which is pro-
hibited under this chapter” or “substance” means
a “controlled substance” or “counterfeit sub-
stance”, as defined in the Comprehensive Drug
Abuse Prevention and Control Act of 1970, 21
U.S.C. § 802.
(b)(1)(A) When a person who is under eighteen
(18) years of age pleads guilty or nolo contendere
to or is found guilty of driving or boating while
intoxicated under the Omnibus DWI or BWI Act,
§ 5-65-101 et seq., a criminal offense involving
the illegal possession or use of a controlled sub-
stance, or any drug offense in this state or any
other state, the court having jurisdiction of the
matter, including any federal court, shall prepare
and transmit to the Department of Finance and
Administration an order of denial of driving privi-
leges for the person under eighteen (18) years of
age.
(B) A court within the State of Arkansas shall
prepare and transmit any order under subdivision
(b)(1)(A) of this section to the department within
twenty-four (24) hours after the plea or finding.
(C) A court outside Arkansas having jurisdic-
tion over any person holding driving privileges
issued by the State of Arkansas shall prepare and
transmit any order under subdivision (b)(1)(A) of
this section pursuant to an agreement or arrange-
ment entered into between that state and the
Director of the Department of Finance and Admin-
istration.
(D) An arrangement or agreement under sub-
division (b)(1)(C) of this section may also provide
for the forwarding by the department of an order
issued by a court within this state to the state
where any person holds driving privileges issued
by that state.
25-64-710 CRIMINAL OFFENSES
(2) For any person holding driving privileges is-
sued by the State of Arkansas, a court within this
state in a case of extreme and unusual hardship may
provide in an order for the issuance of a restricted
driving permit to allow driving to and from a place of
employment or driving to and from school.
(c)(1) Except as provided in subdivision (c)(2) of
this section, a penalty prescribed in this section and
§ 27-16-914 is in addition to any other penalty
prescribed by law for an offense covered by this
section and § 27-16-914.
(2) A juvenile adjudicated delinquent is subject to
a juvenile disposition provided in § 9-27-330.
(d) In regard to any offense involving illegal pos-
session under this section, it is a defense if the
controlled substance is the property of an adult who
owns the motor vehicle.
(e) If a juvenile is found delinquent for any of-
fense described in subsection (a) or subsection (b) of
this section, the circuit court may order any juvenile
disposition available under § 9-27-330.
History. Acts 1989 (3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No.
1257, § 1; 2005, No. 1876, § 1; 2005, No. 1994, § 314; 2015, No.
299, § 5.
CHAPTER 65
DRIVING OR BOATING WHILE
INTOXICATED
SUBCHAPTER.
1
. GENERAL PROVISIONS.
2. CHEMICAL ANALYSIS OF BODY SUBSTANCES.
3. UNDERAGE DRIVING OR BOATING UNDER THE INFLUENCE LAW.
4. ADMINISTRATIVE DRIVER’S LICENSE SUSPENSION.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
5-65-101
. Title.
5-65-102
. Definitions.
5-65-103
. Driving or boating while intoxicated.
5-65-104
. Seizure, suspension, and revocation of license — Tem-
porary permits — Ignition interlock restricted
license.
5-65-105
. Operation of motor vehicle during period of license
suspension or revocation.
5-65-106
. Impoundment of license plate.
5-65-107
. Persons arrested to be tried on charges — No charges
reduced — Filing citations.
5-65-108
. No probation prior to adjudication of guilt.
5-65-109
. Presentencing report.
5-65-110
. Record of violations and court actions — Abstract.
5-65-111
. Sentencing — Periods of incarceration — Exception.
5-65-112
. Fines.
5-65-113
. [Repealed.]
5-65-114
. Inability to pay — Alternative public service work.
5-65-115
. Alcohol treatment or education program — Fee.
5-65-116
. [Repealed.]
5-65-117
. Seizure and sale of a motor vehicle or motorboat.
5-65-118
. Additional penalties — Ignition interlock devices.
5-65-119
. Distribution of fee.
5-65-120
. Restricted driving permit.
5-65-121
. Victim impact panel attendance — Fee.
5-65-122
. [Repealed.]
SECTION.
5-65-123
. Offenses involving a motor vehicle equipped with an
ignition interlock device.
5-65-101. Title.
This chapter shall be known as the “Omnibus
DWI or BWI Act”.
History. Acts 1983, No. 549, § 1; A.S.A. 1947, § 75-2501; 2007,
No. 214, § 1; 2015, No. 299, § 6.
5-65-102. Definitions.
As used in this chapter:
(1)(A) “Controlled substance” means a drug, sub-
stance, or immediate precursor in Schedules I
through VI.
(B) The fact that any person charged with a
violation of this chapter is or has been entitled to
use that drug or controlled substance under the
laws of this state does not constitute a defense
against any charge of violating this chapter;
(2) “Ignition interlock device” means a device that
connects a motor vehicle ignition system to a breath-
alcohol analyzer and prevents a motor vehicle igni-
tion from starting if a driver’s blood alcohol level
exceeds the calibration setting on the device;
(3) “Influence”, with respect to an underage
driver, means being controlled or affected by the
ingestion of an alcoholic beverage or similar intoxi-
cant, or any combination of an alcoholic beverage or
similar intoxicant, to such a degree that the under-
age driver’s reactions, motor skills, and judgment
are altered or diminished, even to the slightest scale,
and the underage driver, due to inexperience and
lack of skill, constitutes a danger of physical injury
or death to himself or herself or another person;
(4) “Intoxicated” means influenced or affected by
the ingestion of alcohol, a controlled substance, any
intoxicant, or any combination of alcohol, a con-
trolled substance, or an intoxicant, to such a degree
that the driver’s reactions, motor skills, and judg-
ment are substantially altered and the driver, there-
fore, constitutes a clear and substantial danger of
physical injury or death to himself or herself or
another person;
(5)(A) “Motorboat” means any vessel operated
upon water and that is propelled by machinery,
whether or not the machinery is the principal
source of propulsion.
(B) “Motorboat” includes personal watercraft
as defined in § 27-101-103(10);
(6) “Sworn report” means a signed and written
statement of a certified law enforcement officer,
under penalty of perjury, on a form provided by the
Director of the Department of Finance and Admin-
istration;
(7) “Underage” means any person who is under
twenty-one (21) years of age;
(8) “Victim impact statement” means a voluntary
written or oral statement of a victim, or relative of a
3 5-65-102DRIVING OR BOATING WHILE INTOXICATED
victim, who has sustained serious injury due to a
violation of this chapter; and
(9) “Waters of this state” means any public waters
within the territorial limits of the State of Arkansas.
History. Acts 1983, No. 549, § 2; A.S.A. 1947, § 75-2502; Acts
1987, No. 765, § 1; 1997, No. 1325, § 1; 2015, No. 299, § 6.
5-65-103. Driving or boating while intoxi-
cated.
(a)(1) It is unlawful and punishable as provided
in this chapter for a person who is intoxicated to
operate or be in actual physical control of a motor-
boat on the waters of this state or a motor vehicle.
(2) It is unlawful and punishable as provided in
this chapter for a person to operate or be in actual
physical control of a motorboat on the waters of this
state or a motor vehicle if at that time the alcohol
concentration in the person’s breath or blood was
eight hundredths (0.08) or more based upon the
definition of alcohol concentration in § 5-65-204.
(b) The consumption of alcohol or the possession
of an open container of alcohol aboard a motorboat
does not in and of itself constitute probable cause
that the person committed the offense of boating
while intoxicated.
(c) An alcohol-related offense under this section is
a strict liability offense.
History. Acts 1983, No. 549, § 3; A.S.A. 1947, § 75-2503; Acts
2001, No. 561, § 2; 2013, No. 361, § 2; 2015, No. 299, § 6; 2015 (1st
Ex. Sess.), No. 6, §§ 3, 4.
5-65-104. Seizure, suspension, and revocation
of license — Temporary permits — Ignition
interlock restricted license.
(a)(1) At the time of arrest for operating or being
in actual physical control of a motorboat on the
waters of this state or a motor vehicle while intoxi-
cated or while there was an alcohol concentration of
eight hundredths (0.08) or more in the person’s
breath or blood, as provided in § 5-65-103, the
arrested person shall immediately surrender his or
her driver’s license, driver’s permit, or other evi-
dence of driving privilege to the arresting law en-
forcement officer as provided in § 5-65-402.
(2) The Office of Driver Services or its designated
official shall suspend or revoke the driving privilege
of an arrested person or shall suspend any nonresi-
dent driving privilege of an arrested person, as
provided in § 5-65-402. The suspension or revoca-
tion shall be based on the number of previous
offenses as follows:
(A) Suspension for:
(i)(a) Six (6) months for the first offense of
operating or being in actual physical control of a
motorboat on the waters of this state or a motor
vehicle while intoxicated or while there was an
alcohol concentration of at least eight hundredths
(0.08) by weight of alcohol in the person’s blood or
breath, § 5-65-103.
(b) If the Office of Driver Services allows the
issuance of an ignition interlock restricted license
under § 5-65-118, the ignition interlock restricted
license shall be available immediately.
(c) The restricted driving permit under § 5-65-
120 is not allowed for a suspension under this
subdivision (a)(2)(A)(i); and
(ii)(a) Suspension for six (6) months for the first
offense of operating or being in actual physical
control of a motorboat on the waters of this state
or a motor vehicle while intoxicated by the inges-
tion of or by the use of a controlled substance.
(b) The ignition interlock restricted license pro-
vision of § 5-65-118 does not apply to a suspension
under subdivision (a)(2)(A)(ii)(a) of this section;
(B)(i) Suspension for twenty-four (24) months
for a second offense of operating or being in actual
physical control of a motorboat on the waters of
this state or a motor vehicle while intoxicated or
while there was an alcohol concentration of eight
hundredths (0.08) or more by weight of alcohol in
the person’s blood or breath, § 5-65-103, within
five (5) years of the first offense.
(ii) However, if the office allows the issuance of
an ignition interlock restricted license under § 5-
65-118, the restricted license is available immedi-
ately.
(iii) The ignition interlock restricted license
provision of § 5-65-118 does not apply to the
suspension under subdivisions (a)(2)(B)(i) and (ii)
of this section if the person is arrested for an
offense of operating or being in actual physical
control of a motor vehicle or motorboat while
intoxicated by the ingestion of or by the use of a
controlled substance;
(C)(i) Suspension for thirty (30) months for the
third offense of operating or being in actual physi-
cal control of a motorboat on the waters of this
state or a motor vehicle while intoxicated or while
there was an alcohol concentration of eight hun-
dredths (0.08) or more by weight of alcohol in the
person’s blood or breath, § 5-65-103, within five
(5) years of the first offense.
(ii) However, if the office allows the issuance of
an ignition interlock restricted license under § 5-
65-118, the restricted license is available immedi-
ately.
(iii) The ignition interlock restricted license
provision of § 5-65-118 does not apply to the
suspension under subdivisions (a)(2)(C)(i) and (ii)
if the person is arrested for an offense of operating
or being in actual physical control of a motorboat
on the waters of this state or a motor vehicle while
intoxicated by the ingestion of or by the use of a
controlled substance; and
(D)(i) Revocation for four (4) years, during
which no restricted permits may be issued, for the
fourth or subsequent offense of operating or being
in actual physical control of a motor vehicle or
motorboat while intoxicated or while there was an
alcohol concentration of eight hundredths (0.08) or
45-65-103 CRIMINAL OFFENSES
more by weight of alcohol in the person’s blood or
breath, § 5-65-103, within five (5) years of the
first offense.
(ii) A person whose driver’s license is revoked
under this subdivision (a)(2)(D) is required to
install a functioning ignition interlock device on
his or her motor vehicle under § 5-65-118(a)(1)(B)
if the person regains his or her driver’s license.
(3) If a person is a resident who is convicted of
driving without a license or permit to operate a
motor vehicle or motorboat and the underlying basis
for the suspension, revocation, or restriction of the
license or permit was for a violation of § 5-65-103, in
addition to any other penalties provided for under
law, the court may restrict the offender to an ignition
interlock restricted license for a period of one (1)
year prior to the reinstatement or reissuance of a
license or permit after the person would otherwise
be eligible for reinstatement or reissuance of the
person’s license or permit.
(4) In order to determine the number of previous
offenses to consider when suspending or revoking
the arrested person’s driving privilege, the office
shall consider as a previous offense any of the
following that occurred within the five (5) years
immediately before the current offense:
(A) A conviction for an offense of operating or
being in actual physical control of a motorboat on
the waters of this state or a motor vehicle while
intoxicated or while there was an alcohol concen-
tration of eight hundredths (0.08) or more in the
person’s breath or blood, including a violation of
§ 5-10-105(a)(1)(A) or § 5-10-105(a)(1)(B), that
occurred:
(i) In Arkansas; or
(ii) In another state; or
(B) A suspension or revocation of driving privi-
lege for an arrest for operating or being in actual
physical control of a motorboat on the waters of
this state or a motor vehicle while intoxicated or
while there was an alcohol concentration of eight
hundredths (0.08) or more in the person’s breath
or blood under § 5-65-103 when the person was
not subsequently acquitted of the criminal
charges.
(b)(1)(A) A person whose driving privilege is sus-
pended or revoked under this section is required
to complete an alcohol education program or an
alcohol treatment program as approved by the
Division of Aging, Adult, and Behavioral Health
Services of the Department of Human Services
unless the charges are dismissed or the person is
acquitted of the charges upon which the suspen-
sion or revocation is based.
(B) If during the period of suspension or revo-
cation under subdivision (b)(1)(A) of this section
the person commits an additional violation of
§ 5-65-103, he or she is also required to complete
an approved alcohol education program or alcohol
treatment program for each additional violation,
unless:
(i) The additional charges are dismissed; or
(ii) He or she is acquitted of the additional
charges.
(2) A person whose driving privilege is suspended
or revoked under this section shall furnish proof of:
(A) Attendance at and completion of the alcohol
education program or the alcohol treatment pro-
gram required under subdivision (b)(1) of this
section before reinstatement of his or her sus-
pended or revoked driving privilege; or
(B) Dismissal or acquittal of the charge on
which the suspension or revocation is based.
(3) Even if a person has filed a de novo petition for
review under former subsection (c) of this section,
the person is entitled to reinstatement of driving
privileges upon complying with this subsection and
is not required to postpone reinstatement until the
disposition of the de novo review in circuit court has
occurred.
History. Acts 1983, No. 549, § 13; 1985, No. 113, § 1; 1985, No.
1064, § 1; A.S.A. 1947, § 75-2511; Acts 1989, No. 368, § 1; 1989,
No. 621, § 1; 1993, No. 736, § 1; 1995, No. 802, § 1; 1997, No. 830,
§ 1; 1997, No. 1325, § 2; 1999, No. 1077, § 9; 1999, No. 1468, § 1;
1999, No. 1508, § 7; 2001, No. 561, §§ 3-5; No. 1501, § 1; 2003, No.
541, § 1; 2003, No. 1036, § 1; 2003, No. 1462, § 1; 2003, No. 1779,
§ 1; 2005, No. 1234, § 3; 2005, No. 1768, § 1; 2007, No. 712, § 1;
2007, No. 827, § 75; 2007, No. 1196, § 1; 2009, No. 359, §§ 1-3;
2009, No. 650, § 2; 2009, No. 922, § 1; 2009, No. 1293, § 1; 2013,
No. 479, §§ 1, 2; 2015, No. 299, § 6; 2017, No. 913, § 18; 2017, No.
1094, § 1.
5-65-105. Operation of motor vehicle during
period of license suspension or revocation.
A person whose driving privilege has been sus-
pended or revoked under this subchapter who oper-
ates a motor vehicle in this state during the period of
the suspension or revocation upon conviction is
guilty of an unclassified misdemeanor and:
(1) Shall be imprisoned for not less than ten (10)
days or more than ninety (90) days; and
(2) May be assessed a fine of not more than one
thousand dollars ($1,000).
History. Acts 1983, No. 549, § 14; A.S.A. 1947, § 75-2512; Acts
2001, No. 1715, § 1; 2015, No. 299, § 6; 2015, No. 1035, § 1.
5-65-106. Impoundment of license plate.
(a) When a law enforcement officer arrests a
person for operating a motor vehicle while that
person’s driving privilege has been suspended or
revoked under the laws of any state due to the
person’s having previously been found guilty or
having pleaded guilty or nolo contendere to violating
§ 5-65-103 and if the motor vehicle operated by the
person is owned in whole or part by the person, the
motor vehicle license plate shall be impounded by
the law enforcement officer for no less than ninety
(90) days.
(b) If the court determines it is in the best interest
of the dependents of the person, the court shall
instruct the Director of the Department of Finance
5 5-65-106DRIVING OR BOATING WHILE INTOXICATED
and Administration to issue a temporary substitute
motor vehicle license plate for the motor vehicle, and
the temporary substitute motor vehicle license plate
shall indicate that the original motor vehicle license
plate has been impounded.
History. Acts 1983, No. 549, § 15; A.S.A. 1947, § 75-2513; Acts
2015, No. 299, § 6.
5-65-107. Persons arrested to be tried on
charges — No charges reduced — Filing cita-
tions.
(a) A person arrested for violating § 5-65-103
shall be tried on the charge of violating § 5-65-103
or plead to the charge of violating § 5-65-103, and
the charge of violating § 5-65-103 shall not be
reduced or dismissed.
(b) Furthermore, when a law enforcement officer
issues a citation for violating § 5-65-103, the cita-
tion shall be filed with the court as soon as possible.
History. Acts 1983, No. 549, § 8; A.S.A. 1947, § 75-2508; Acts
2015, No. 299, § 6.
5-65-108. No probation prior to adjudication
of guilt.
(a) A circuit court judge or district court judge
may not utilize the first-time offender probation
provisions under § 16-93-301 et seq. when the de-
fendant is charged with violating § 5-65-103.
(b) Notwithstanding the provisions of § 5-4-301,
§ 5-4-322, or subsection (a) of this section, a circuit
court judge or district court judge may:
(1) Utilize probationary supervision, in addition
to the mandatory penalties required for a violation
of § 5-65-103, solely for the purpose of monitoring
compliance with his or her orders; and
(2) Require an offender to pay a reasonable fee in
an amount to be established by the circuit court
judge or district court judge.
History. Acts 1983, No. 549, § 9; A.S.A. 1947, § 75-2509; Acts
2005, No. 1768, § 2; 2007, No. 827, § 76; 2015, No. 299, § 6.
5-65-109. Presentencing report.
(a) The court shall immediately request and the
Division of Aging, Adult, and Behavioral Health
Services of the Department of Human Services or its
designee shall provide a presentence screening and
assessment report of the defendant who pleads
guilty or nolo contendere or is found guilty of violat-
ing § 5-65-103 or § 5-65-303.
(b)(1) The presentence screening and assessment
report shall be provided within thirty (30) days of
the request, and the court shall not pronounce
sentence until the court receives the presentence
screening and assessment report.
(2)(A) If the defendant’s sentencing is delayed by
the defendant after he or she pleads guilty or nolo
contendere, or if he or she is found guilty, the clerk
of the court shall notify the defendant by first-
class mail sent to the defendant’s last known
address that he or she has fifteen (15) days to
appear and show cause for failing to appear for
sentencing.
(B) The court may proceed with sentencing
even in the absence of the defendant after the
expiration of the fifteen (15) days under subdivi-
sion (b)(2)(A) of this section.
(c) The presentence screening and assessment
report shall include without limitation:
(1) The defendant’s driving record;
(2) An alcohol problem assessment; and
(3) A victim impact statement, if applicable.
History. Acts 1983, No. 549, § 6; A.S.A. 1947, § 75-2506; Acts
1991, No. 899, § 1; 1999, No. 1077, § 10; 2003, No. 129, § 1; 2007,
No. 251, § 1; 2007, No. 827, § 77; 2013, No. 1107, § 3; 2015, No.
299, § 6; 2017, No. 913, § 19.
5-65-110. Record of violations and court ac-
tions — Abstract.
(a) A court shall:
(1) Keep or cause to be kept a record of any
violation of this chapter presented to that court; and
(2) Keep a record of any official action by that
court in reference to the violation including without
limitation:
(A) A record of every finding of guilt;
(B) A record of every plea of guilty or nolo
contendere;
(C) A judgment of acquittal; and
(D) The amount of fine and jail sentence.
(b)(1) The court or clerk of the court shall prepare
and immediately forward to the Office of Driver
Services an abstract of the court record pertaining to
the case in which the person was found guilty or
pleaded guilty or nolo contendere.
(2) The abstract shall be:
(A) Prepared within five (5) business days after
the defendant was found guilty or pleaded guilty
or nolo contendere and then sentenced;
(B) Certified by the person required to prepare
it to be true and correct; and
(C) Made upon a form furnished by the office
and shall include:
(i) The name and address of the person
charged;
(ii) The number, if any, of the operator’s or
chauffeur’s license of the person charged;
(iii) The registration number of the vehicle or
motorboat involved;
(iv) The date of the hearing;
(v) The defendant’s plea;
(vi) The judgment; and
(vii) The amount of the fine and jail sentence.
History. Acts 1983, No. 549, § 10; A.S.A. 1947, § 75-2510; Acts
2015, No. 299, § 6.
65-65-107 CRIMINAL OFFENSES
5-65-111. Sentencing — Periods of incarcera-
tion — Exception.
(a)(1) A person who pleads guilty or nolo conten-
dere to or is found guilty of violating § 5-65-103, for
a first offense, is upon conviction guilty of an unclas-
sified misdemeanor and may be imprisoned for not
less than:
(A) Twenty-four (24) hours but no more than
one (1) year; or
(B) Seven (7) days but no more than one (1)
year if a passenger under sixteen (16) years of age
was in the motor vehicle or motorboat at the time
of the offense.
(2) The court may order public service instead of
imprisonment and, if the court orders public service,
the court shall include the reasons for the order of
public service instead of imprisonment in the court’s
written order or judgment.
(b)(1) A person who pleads guilty or nolo conten-
dere to or is found guilty of violating § 5-65-103 for
a second offense occurring within five (5) years of the
first offense is upon conviction guilty of an unclassi-
fied misdemeanor and may be imprisoned for not
less than:
(A) Seven (7) days but no more than one (1)
year; or
(B) Thirty (30) days but no more than one (1)
year if a passenger under sixteen (16) years of age
was in the motor vehicle or motorboat at the time
of the offense.
(2) The court may order public service instead of
imprisonment in the following manner, and if the
court orders public service, the court shall include
the reasons for the order of public service instead of
imprisonment in its written order or judgment:
(A) Not less than thirty (30) days; or
(B) Not less than sixty (60) days if a passenger
under sixteen (16) years of age was in the motor
vehicle or motorboat at the time of the offense.
(c)(1) A person who pleads guilty or nolo conten-
dere to or is found guilty of violating § 5-65-103 for
a third offense occurring within five (5) years of the
first offense is upon conviction guilty of an unclassi-
fied misdemeanor and may be imprisoned for not
less than:
(A) Ninety (90) days but no more than one (1)
year; or
(B) One hundred twenty (120) days but no more
than one (1) year if a passenger under sixteen (16)
years of age was in the motor vehicle or motorboat
at the time of the offense.
(2) The court may order public service instead of
imprisonment in the following manner, and if the
court orders public service, the court shall include
the reasons for the order of public service instead of
imprisonment in its written order or judgment:
(A) Not less than ninety (90) days; or
(B) Not less than one hundred twenty (120)
days if a passenger under sixteen (16) years of age
was in the motor vehicle or motorboat at the time
of the offense.
(d) A person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-103 for a
fourth offense occurring within five (5) years of the
first offense is upon conviction guilty of an unclassi-
fied felony and may be imprisoned for not less than:
(1) One (1) year but no more than six (6) years; or
(2) Two (2) years but no more than six (6) years if
a passenger under sixteen (16) years of age was in
the motor vehicle or motorboat at the time of the
offense.
(e) A person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-103 for a fifth
or subsequent offense occurring within five (5) years
of the first offense is upon conviction guilty of an
unclassified felony and may be imprisoned for no
fewer than:
(1) Two (2) years but no more than ten (10) years;
or
(2) Three (3) years but no more than ten (10)
years if a passenger under sixteen (16) years of age
was in the motor vehicle or motorboat at the time of
the offense.
(f) A person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-103 for a
sixth or subsequent offense occurring within ten (10)
years of the first offense is upon conviction guilty of
a Class B felony.
(g) A certified judgment of conviction of driving or
boating while intoxicated or other equivalent offense
from another state or jurisdiction may be used to
enhance the penalties as a previous offense under
this section.
(h) For any arrest or offense occurring before July
22, 2015, but that has not reached a final disposition
as to judgment in court, the offense shall be decided
under the law in effect at the time the offense
occurred, and the defendant is subject to the penalty
provisions in effect at that time and not under the
provisions of this section.
(i) It is an affirmative defense to prosecution
under subdivisions (a)(2)(A), (b)(1)(B), (c)(1)(B),
(d)(1)(B), and (e)(1)(B) of this section that the person
operating or in actual physical control of the motor
vehicle or motorboat was not more than two (2)
years older than the passenger.
(j)(1) A prior conviction for § 5-10-105(a)(1)(A) or
§ 5-10-105(a)(1)(B) is considered a previous offense
for purposes of this section.
(2) A prior conviction under former § 5-76-102 is
considered a previous offense for purposes of this
section only if the current offense is operating a
motorboat on the waters of this state while intoxi-
cated.
History. Acts 1983, No. 549, § 4; A.S.A. 1947, § 75-2504; Acts
1997, No. 1236, § 1; 1999, No. 1077, § 11; 2001, No. 1206, § 1;
2003, No. 1461, §§ 1, 2; 2009, No. 650, § 3; 2013, No. 1268, § 1;
2015, No. 299, § 6; 2017, No. 333, § 4; 2017, No. 1032, § 1.
7 5-65-111DRIVING OR BOATING WHILE INTOXICATED
5-65-112. Fines.
A person who pleads guilty or nolo contendere to
or is found guilty of violating § 5-65-103 shall be
fined:
(1) No less than one hundred fifty dollars ($150)
and no more than one thousand dollars ($1,000) for
the first offense;
(2) No less than four hundred dollars ($400) and
no more than three thousand dollars ($3,000) for the
second offense occurring within five (5) years of the
first offense; and
(3) No less than nine hundred dollars ($900) and
no more than five thousand dollars ($5,000) for the
third or subsequent offense occurring within five (5)
years of the first offense.
History. Acts 1983, No. 549, § 5; A.S.A. 1947, § 75-2505; Acts
1993, No. 106, § 1; 1999, No. 1077, § 12; 2013, No. 1268, § 2; 2015,
No. 299, § 6.
5-65-113. [Repealed.]
Publisher’s Notes. This section, concerning additional court
costs, 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 1983, No. 918, §§ 1, 3; A.S.A. 1947, §§ 75-2531, 75-2532.
5-65-114. Inability to pay — Alternative pub-
lic service work.
If a court finds that a person against whom fines,
fees, or court costs are levied for violating this
chapter is financially unable to pay the fines, fees, or
costs, the court shall order the person to perform
public service work as the court determines is ap-
propriate.
History. Acts 1983, No. 918, § 4; A.S.A. 1947, § 75-2533; Acts
2015, No. 299, § 6.
5-65-115. Alcohol treatment or education pro-
gram — Fee.
(a)(1) A person whose driving privileges are sus-
pended or revoked for violating § 5-65-103, § 5-65-
303, § 5-65-310, or § 3-3-203 is required to complete
an alcohol education program provided by a contrac-
tor with the Division of Aging, Adult, and Behavioral
Health Services of the Department of Human Ser-
vices or an alcoholism treatment program licensed
by the division.
(2)(A) The alcohol education program may collect
a program fee of up to one hundred twenty-five
dollars ($125) per enrollee to offset program costs.
(B)(i) A person ordered to complete an alcohol
education program under this section may be
required to pay, in addition to the costs collected
for education or treatment, a fee of up to twenty-
five dollars ($25.00) to offset the additional costs
associated with reporting requirements under this
subchapter.
(ii) The alcohol education program shall report
monthly to the division all revenue derived from
this fee.
(b)(1) A person whose driving privilege is sus-
pended or revoked for violating § 5-65-103 shall:
(A) Both:
(i) Furnish proof of attendance at and comple-
tion of the alcoholism treatment program or alco-
hol education program required under § 5-65-
104(b)(1) before reinstatement of his or her
suspended or revoked driving privilege; and
(ii) Pay any fee for reinstatement required un-
der § 5-65-119 or § 5-65-304; or
(B) Furnish proof of dismissal or acquittal of
the charge on which the suspension or revocation
is based.
(2) An application for reinstatement shall be
made to the Office of Driver Services.
(c) Even if a person has filed a de novo petition for
review under § 5-65-402, he or she is entitled to
reinstatement of driving privileges upon complying
with this section and is not required to postpone
reinstatement until the disposition of the de novo
review in circuit court has occurred.
(d)(1) A person whose driving privilege has been
suspended or revoked under this chapter may enroll
in an alcohol education program prior to disposition
of the case by the circuit court or district court.
(2) However, the person is not entitled to a refund
of a fee paid if the charges are dismissed or if the
person is acquitted.
(e) An alcohol education program or alcoholism
treatment program operating under this chapter
shall remit the fees imposed under this section to
the division.
History. Acts 1983, No. 549, § 7; 1985, No. 108, § 1; A.S.A. 1947,
§ 75-2507; Acts 1991, No. 486, § 1; 1995, No. 172, § 1; 1995, No.
263, § 1; 1995, No. 1032, § 1; 1995, No. 1256, § 20; 1995 (1st Ex.
Sess.), No. 13, § 4; 1999, No. 1077, § 13; 2003, No. 1462, § 2; 2005,
No. 1768, § 3; 2007, No. 251, § 2; 2007, No. 827, § 78; 2009, No.
748, § 28; 2013, No. 1107, §§ 4, 5; 2015, No. 299, § 6; 2017, No.
913, § 20.
5-65-116. [Repealed.]
Publisher’s Notes. This section, concerning the denial of driv-
ing privileges for a minor and restricted permits, was repealed by
Acts 2015, No. 299, § 6. This section was derived from Acts 1989
(3rd Ex. Sess.), No. 93, §§ 1, 3, 4; 1993, No. 1257, § 2.
5-65-117. Seizure and sale of a motor vehicle
or motorboat.
(a)(1)(A) A person who pleads guilty or nolo con-
tendere to or is found guilty of violating § 5-65-
103 for a fourth or subsequent offense occurring
within five (5) years of the first offense may have
his or her motor vehicle or motorboat seized at the
discretion of the court.
(B) A motor vehicle or motorboat seized under
this section shall be the motor vehicle or motor-
boat that the person was operating or was in
actual physical control of at the time he or she
committed the fourth offense.
(C) The title to the motor vehicle or motorboat
is forfeited to the state if the motor vehicle or
motorboat is seized under this section.
85-65-112 CRIMINAL OFFENSES
(2)(A) It is the duty of the county sheriff of the
county where the offense occurred to seize the
motor vehicle or motorboat if seizure is ordered by
the court.
(B) The court may issue an order directing the
county sheriff to sell the seized motor vehicle or
motorboat at a public auction to the highest bidder
within thirty (30) days from the date of judgment.
(b)(1) The county sheriff shall advertise the motor
vehicle or motorboat for sale for a period of two (2)
weeks prior to the date of sale by at least one (1)
insertion per week in a newspaper having a bona
fide circulation in the county.
(2) The notice shall include a brief description of
the motor vehicle or motorboat to be sold and the
time, place, and terms of the sale.
(c) The proceeds of the sale of the seized motor
vehicle or motorboat shall be deposited into the
county general fund.
(d)(1) The county sheriff shall report his or her
actions to the court in which the defendant was tried
after the county sheriff has made the sale and has
turned over the proceeds of the sale to the county
treasurer.
(2) The report required by subdivision (d)(1) of
this section shall be filed with the court within sixty
(60) days from the date of judgment.
(e) A forfeiture of a motor vehicle or motorboat
under this section that is encumbered by a bona fide
security interest is subject to the interest of the
secured party if the secured party neither had
knowledge of nor consented to the offense.
History. Acts 1989 (3rd Ex. Sess.), No. 94, § 1; 2013, No. 412,
§ 1; 2015, No. 299, § 6.
5-65-118. Additional penalties — Ignition in-
terlock devices.
(a)(1)(A)(i) Except as provided under subsection
(g) of this section, the Office of Driver Services
shall place a restriction on a person who has
violated § 5-65-103 for a first or second offense
that requires the person’s motor vehicle to be
equipped with a functioning ignition interlock
device in addition to any other penalty authorized
by this chapter.
(ii) The restriction shall continue until the per-
son has completed his or her mandatory period for
using an ignition interlock device.
(iii) The restriction under subdivision
(a)(1)(A)(i) of this section does not apply to a
person who is arrested for violating § 5-65-103 for
a first or second offense if the person was intoxi-
cated by the ingestion of or by the use of a
controlled substance.
(B)(i) The office shall place a restriction on a
person who has violated § 5-65-103 for a third or
subsequent offense that requires the person’s mo-
tor vehicle to be equipped with a functioning
ignition interlock device in addition to any other
penalty authorized by this chapter.
(ii) The restriction shall continue until the per-
son has completed his or her mandatory period for
using an ignition interlock device.
(iii) The restriction under subdivision
(a)(1)(B)(i) of this section does not apply to a
person who is arrested for violating § 5-65-103 for
a third or subsequent offense if the person was
intoxicated by the ingestion of or by the use of a
controlled substance.
(2) The office may issue an ignition interlock
restricted license to the person only after the person
has verified installation of a functioning ignition
interlock device to the office in any motor vehicle the
person intends to operate, except for an exemption
allowed under § 5-65-123(f).
(3) The office shall establish:
(A) A specific calibration setting no lower than
two hundredths of one percent (0.02%) nor more
than five hundredths of one percent (0.05%) of
alcohol in the person’s blood at which the ignition
interlock device will prevent the motor vehicle’s
being started; and
(B) The period of time that the person is subject
to the restriction.
(b) The office shall do the following after restrict-
ing a person’s driving by requiring the use of an
ignition interlock device:
(1)(A) State on the record the requirement for and
the period of use of the ignition interlock device.
(B) However, if the office restricts the person to
using an ignition interlock device in conjunction
with the issuance of an ignition interlock re-
stricted license under § 5-65-104, the time the
person is required to use the ignition interlock
device shall be until the original suspension im-
posed under § 5-65-104 has been completed;
(2) Ensure that the records of the office reflect
that the person may not operate a motor vehicle that
is not equipped with an ignition interlock device;
(3) Attach or imprint a notation on the driver’s
license of a person restricted under this section
stating that the person may operate a motor vehicle
only if it is equipped with an ignition interlock
device;
(4) Require that the person restricted under this
section show proof of installation of a certified igni-
tion interlock device prior to the issuance of an
ignition interlock restricted license by the office
under § 5-65-104;
(5)(A) Require both proof of the installation of an
ignition interlock device and periodic reporting by
the person for verification of the proper operation
of the ignition interlock device.
(B) Proof of the installation of the ignition in-
terlock device for the entire period required by law
shall be provided before the person’s driving privi-
leges are reinstated;
(6) Require the person to have the ignition inter-
lock device serviced and monitored at least every
sixty-seven (67) days for proper use and accuracy by
an entity approved by the Department of Health;
and
9 5-65-118DRIVING OR BOATING WHILE INTOXICATED
(7)(A) Require the person to pay the reasonable
cost of leasing or buying and monitoring and
maintaining the ignition interlock device.
(B) The office may establish a payment sched-
ule for the reasonable cost of leasing or buying and
monitoring and maintaining the ignition interlock
device.
(c) If the person whose driving privilege is re-
stricted under this section cannot provide proof of
installation of a functioning ignition interlock device
to the office under subsection (a) of this section, the
office shall not issue an ignition interlock restricted
license as authorized under this section.
(d) The office shall revoke the ignition interlock
restricted license and reinstate a driving privilege
suspension for the term of the original driving
privilege suspension if it finds that a person has
violated § 5-65-123.
(e) A person who has had his or her driving
privilege suspended or revoked under § 5-65-104
who would otherwise be eligible to obtain an ignition
interlock restricted license may petition the office for
a hearing, and the office may issue an ignition
interlock restricted license as authorized under
§§ 5-65-104 and 5-65-205.
(f)(1) The department shall:
(A) Certify the ignition interlock devices for use
in this state;
(B) Approve the entities that install and moni-
tor the ignition interlock devices; and
(C) Adopt rules for the certification of the igni-
tion interlock devices and ignition interlock device
installation.
(2) The rules shall require an ignition interlock
device, at a minimum, to:
(A) Not impede the safe operation of the motor
vehicle;
(B) Minimize the opportunities to be bypassed;
(C) Work accurately and reliably in an unsu-
pervised environment;
(D) Properly and accurately measure the per-
son’s blood alcohol levels;
(E) Minimize the inconvenience to a sober user;
and
(F) Be manufactured by an entity that is re-
sponsible for installation, user training, and ser-
vicing and maintenance of the ignition interlock
device, and that is capable of providing monitoring
reports to the office.
(3) The department shall develop a warning label
to be affixed to any ignition interlock device used in
the state to warn any person of the possible penal-
ties for tampering with or attempting to circumvent
the ignition interlock device.
(4) The department shall:
(A) Publish and update a list of certified igni-
tion interlock device manufacturers and approved
ignition interlock device installers; and
(B) Periodically provide the list required by
subdivision (f)(4)(A) of this section to the office.
(g)(1) A person who has violated § 5-65-103 for a
first offense that requires the person’s motor vehicle
to be equipped with a functioning ignition interlock
device under this section may petition the court with
jurisdiction for a waiver of the requirement to install
a functioning interlock device under this section.
(2) The court with jurisdiction may waive the
requirement to install a functioning ignition inter-
lock device under this section under the following
conditions:
(A) The person is required to operate an em-
ployer’s motor vehicle in the course and scope of
employment and the business entity that owns the
vehicle is not owned or controlled by the person;
(B) The person is certified by a medical doctor
as being unable to provide a deep lung breath
sample for analysis by an ignition interlock de-
vice; or
(C) A state-certified ignition interlock device
provider is not available within one hundred (100)
miles of the person’s residence.
(3) Upon finding that a condition under subdivi-
sion (g)(2) of this section is present, the court with
jurisdiction shall enter an order to that effect and
transmit the order to the office for compliance.
History. Acts 1993, No. 298, § 1; 1995, No. 1296, § 8; 1999, No.
1468, § 2; 2001, No. 1206, § 2; 2001, No. 1501, § 2; 2005, No. 1234,
§ 2; 2007, No. 827, § 79; 2014, No. 277, § 13; 2015, No. 299, § 6;
2015, No. 1221, § 1; 2017, No. 1094, §§ 2, 3.
5-65-119. Distribution of fee.
(a)(1) The Office of Driver Services shall charge a
fee to be calculated under subsection (b) of this
section for reinstating a driving privilege suspended
or revoked because of an arrest for violating § 5-65-
103 or § 5-65-205.
(2) The fee under subdivision (a)(1) of this section
shall be distributed as follows:
(A) Seven percent (7%) of the revenues derived
from this fee shall be deposited into the State
Treasury as special revenues and credited to the
Public Health Fund to be used exclusively for the
Office of Alcohol Testing of the Department of
Health;
(B) Thirty-three percent (33%) of the revenues
derived from this fee shall be deposited as special
revenues into the State Treasury into the Consti-
tutional Officers Fund and the State Central Ser-
vices Fund as a direct revenue to be used by the
Office of Driver Services for use in supporting the
administrative driver’s licensing revocation and
sanctions programs provided for in this subchap-
ter;
(C) Ten percent (10%) of the revenues derived
from this fee shall be deposited into the State
Treasury, and the Treasurer of State shall credit
them as general revenues to the various funds in
the respective amounts to each and to be used for
the purposes as provided in the Revenue Stabili-
zation Law, § 19-5-101 et seq.; and
(D) Fifty percent (50%) of the revenues derived
from this fee shall be deposited into the State
105-65-119 CRIMINAL OFFENSES
Treasury as special revenues to the credit of the
Department of Arkansas State Police Fund.
(b)(1)(A) The fee under subsection (a) of this sec-
tion shall be calculated by multiplying one hun-
dred fifty dollars ($150) by each separate occur-
rence of an offense resulting in an administrative
suspension order under § 5-65-103 or § 5-65-205
unless the administrative suspension order has
been removed because:
(i) The person has been found not guilty of the
offense by a circuit court or district court; or
(ii) A de novo review of the administrative sus-
pension order by the Office of Driver Services
results in the removal.
(B) The fee under subsection (a) of this section
is supplemental to and in addition to any fee
imposed under § 5-65-304, § 5-65-310, § 27-16-
508, or § 27-16-808.
(2) As used in this subsection, “occurrence” means
each separate calendar date when an offense or
offenses take place.
History. Acts 1995, No. 802, § 2; 2001, No. 561, § 6; 2003, No.
1001, § 1; 2005, No. 1992, § 1; 2013, No. 361, § 3; 2015, No. 299,
§ 6.
5-65-120. Restricted driving permit.
(a) The Office of Driver Services may modify the
administrative denial or suspension of a driver’s
license under § 5-65-402 after a hearing or upon the
request of a person whose driving privilege has been
denied or suspended by issuing a restricted driving
permit if:
(1) The denial or suspension results in a case of
extreme and unusual hardship; and
(2) After reviewing the person’s driving record for
the five (5) years previous to the denial, revocation,
or suspension of his or her driving privilege, the
office determines that:
(A) The person:
(i) Is not a multiple traffic law offender; or
(ii) Does not present a threat to the general
public; and
(B) Other adequate means of transportation do
not exist for the person except to allow the person
to drive in any of the following situations:
(i) To and from the person’s place of employ-
ment;
(ii) In the course of the person’s employment;
(iii) To and from an educational institution for
the purpose of attending a class if the person is
enrolled and regularly attending a class at the
institution;
(iv) To and from an alcohol education program
or alcoholism treatment program for drunk driv-
ers; or
(v) To and from a hospital or clinic for medical
treatment or care for an illness, disease, or other
medical condition of the person or a family mem-
ber.
(b) The issuance of a restricted driving permit
under this section is solely within the discretion of
the office.
(c) A restricted driving permit issued under this
section shall state the specific times and circum-
stances under which driving is permitted.
(d) A restricted driving permit issued under this
section shall not be granted to a person whose
driving privilege was suspended or revoked for vio-
lating § 5-65-103, § 5-65-205, § 5-65-303, or § 5-
65-310, a second or subsequent time within five (5)
years of the first offense.
History. Acts 1995, No. 802, §§ 3, 5; 1997, No. 1325, § 3; 1999,
No. 1077, § 14; 2007, No. 827, § 80; 2009, No. 748, § 29; 2009, No.
1293, § 2; 2015, No. 299, § 6.
5-65-121. Victim impact panel attendance —
Fee.
(a)(1) A person whose driving privileges are sus-
pended or revoked for violating § 5-65-103, § 5-65-
205, § 5-65-303, § 5-65-310, or § 3-3-203 shall at-
tend a victim impact panel sponsored by an
organization approved by the Division of Aging,
Adult, and Behavioral Health Services of the De-
partment of Human Services.
(2) The organization selected by the division shall
be an organization that provides statewide services
to victims of drunk driving.
(b)(1) The organization approved by the division
may collect a program fee of ten dollars ($10.00) per
enrollee to offset program costs to be remitted to the
organization.
(2) The organization approved by the division
shall provide proof of attendance and completion to
the person required to attend the victim impact
panel upon completion of the victim impact panel.
History. Acts 2009, No. 946, § 1; 2013, No. 1107, § 6; 2015, No.
299, § 6; 2017, No. 913, § 21.
5-65-122. [Repealed.]
Publisher’s Notes. This section, concerning driving while in-
toxicated as a sixth or subsequent offense, was repealed by Acts
2015, No. 299, § 6. The section was derived from Acts 2013, No.
1268, § 3.
For current law, see § 5-65-111.
5-65-123. Offenses involving a motor vehicle
equipped with an ignition interlock device.
(a) A person commits the offense of unlawfully
allowing another person to start or attempt to start
a motor vehicle equipped with an ignition interlock
device if he or she:
(1) Has had his or her driving privileges re-
stricted under § 5-65-118 and cannot operate or be
in actual physical control of a motor vehicle that is
not equipped with an ignition interlock device;
(2) Knowingly solicits or allows a person to start
or attempt to start a motor vehicle equipped with an
ignition interlock device; and
11 5-65-123DRIVING OR BOATING WHILE INTOXICATED
(3) Has the purpose to operate or be in actual
physical control of the motor vehicle.
(b) A person commits the offense of unlawfully
starting or attempting to start a motor vehicle
equipped with an ignition interlock device for an-
other person if he or she knowingly starts or at-
tempts to start a motor vehicle equipped with an
ignition interlock device for another person who is
restricted from operating or being in actual physical
control of a motor vehicle that does not have a
functioning ignition interlock device.
(c) A person commits the offense of tampering
with an ignition interlock device if he or she know-
ingly tampers with or attempts to circumvent the
operation of an ignition interlock device that has
been installed in a motor vehicle.
(d) A person commits the offense of providing a
motor vehicle not equipped with a functioning igni-
tion interlock device to another person if he or she:
(1) Knowingly provides a motor vehicle not
equipped with a functioning ignition interlock de-
vice to another person who is restricted from oper-
ating or being in actual physical control of a motor
vehicle that does not have a functioning ignition
interlock device; and
(2) Knows or should have known that the other
person was restricted from operating or being in
actual physical control of a motor vehicle not
equipped with an ignition interlock device.
(e) A person who violates this section is upon
conviction guilty of a Class A misdemeanor.
(f) It is a defense to prosecution under this section
if:
(1) A person starts or attempts to start a motor
vehicle equipped with an ignition interlock device
for the purpose of safety or mechanical repair of the
ignition interlock device or the motor vehicle and the
person subject to the restriction does not operate the
motor vehicle; or
(2)(A) The court has previously found that a per-
son is required to operate a motor vehicle in the
course and scope of his or her employment and, if
the motor vehicle is owned by the employer but
does not have a functioning ignition interlock
device installed, that the person may operate that
motor vehicle during regular working hours for
the purposes of his or her employment if:
(i) The employer has been notified of the driv-
ing privilege restriction; and
(ii) Proof of that notification is with the motor
vehicle.
(B) However, the defense in subdivision
(f)(2)(A) of this section does not apply if:
(i) The business entity that owns the motor
vehicle is owned or controlled by the person who is
prohibited from operating a motor vehicle not
equipped with an ignition interlock device; or
(ii) The driving privilege restriction is the re-
sult of the offender’s second or subsequent offense.
History. Acts 2015, No. 299, § 6.
S
UBCHAPTER 2 — CHEMICAL ANALYSIS OF
BODY SUBSTANCES
SECTION
.
5-65-201
. Rules and regulations.
5-65-202
. Implied consent.
5-65-203
. Administration of a chemical test.
5-65-204
. Validity — Approved methods.
5-65-205
. Refusal to submit to a chemical test.
5-65-206
. Evidence in prosecution — Presumptions.
5-65-207
. Alcohol testing devices.
5-65-208
. Motor vehicle and motorboat accidents — Testing re-
quired.
5-65-201. Rules and regulations.
The Department of Health may promulgate rules
and regulations reasonably necessary to carry out
the purposes of this subchapter.
History. Acts 1969, No. 106, § 2; A.S.A. 1947, § 75-1046.
5-65-202. Implied consent.
(a) A person who operates a motorboat on the
waters of this state or a motor vehicle or is in actual
physical control of a motorboat on the waters of this
state or a motor vehicle is deemed to have given
consent, subject to § 5-65-203, to one (1) or more
chemical tests of his or her breath, saliva, or urine
for the purpose of determining the alcohol concen-
tration or controlled substance content of his or her
breath or blood if:
(1) The person is arrested for any offense arising
out of an act alleged to have been committed while
the person was driving or boating while intoxicated
or driving or boating while there was an alcohol
concentration of eight hundredths (0.08) or more in
the person’s breath or blood;
(2) The person is involved in an accident while
operating or in actual physical control of a motor-
boat on the waters of this state or a motor vehicle; or
(3) At the time the person is arrested for driving
or boating while intoxicated, the law enforcement
officer has reasonable cause to believe that the
person, while operating or in actual physical control
of a motorboat on the waters of this state or a motor
vehicle, is intoxicated or has an alcohol concentra-
tion of eight hundredths (0.08) or more in the
person’s breath or blood.
(b) A person who is dead, unconscious, or other-
wise in a condition rendering him or her incapable of
refusal is deemed not to have withdrawn the consent
provided by subsection (a) of this section, and one (1)
or more chemical tests may be administered subject
to § 5-65-203.
(c) A test of a person’s blood under this section to
determine the person’s alcohol concentration, con-
trolled substance content, or other intoxicating sub-
stance content in his or her blood requires a warrant
based on probable cause that the person was oper-
ating or in actual physical control of a motorboat on
125-65-201 CRIMINAL OFFENSES
the waters of this state or a motor vehicle while
intoxicated.
History. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 1993, No. 132,
§ 1; 2001, No. 561, § 7; 2009, No. 431, § 1; 2013, No. 361, § 4;
2015, No. 299, § 7; 2015, No. 1155, § 11; 2017, No. 1031, § 1.
5-65-203. Administration of a chemical test.
(a) One (1) or more chemical tests authorized in
§ 5-65-202 shall be administered at the direction of
a law enforcement officer having reasonable cause to
believe the person to have been operating or in
actual physical control of a motorboat on the waters
of this state or a motor vehicle while intoxicated or
while there was an alcohol concentration of eight
hundredths (0.08) or more in the person’s breath or
blood.
(b)(1) The law enforcement agency by which the
law enforcement officer is employed shall designate
which chemical test or chemical tests shall be ad-
ministered, and the law enforcement agency is re-
sponsible for paying any expense incurred in con-
ducting the chemical test or chemical tests.
(2) If the person tested requests that additional
chemical test or chemical tests be made as autho-
rized in § 5-65-204(d), the cost of the additional
chemical test or chemical tests shall be borne by the
person tested, unless the person is found not guilty,
in which case the arresting law enforcement agency
shall reimburse the person for the cost of the addi-
tional chemical test or chemical tests.
(3) If a person objects to the taking of his or her
blood for a chemical test as authorized in this
chapter, the breath, saliva, or urine of the person
may be used for the chemical test.
History. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 75, § 1; 2001, No. 561,
§ 8; 2009, No. 431, § 2; 2013, No. 361, § 5; 2015, No. 299, § 8.
5-65-204. Validity — Approved methods.
(a)(1) As used in this chapter, § 5-10-105, § 5-75-
101 et seq., and § 5-76-101 et seq. [repealed], “alco-
hol concentration” means either:
(A) Grams of alcohol per one hundred millili-
ters (100 ml) or one hundred cubic centimeters
(100 cc) of blood; or
(B) Grams of alcohol per two hundred ten liters
(210 l) of breath.
(2) The alcohol concentration of urine, saliva, or
other bodily substance is based upon grams of alco-
hol per one hundred milliliters (100 ml) or one
hundred cubic centimeters (100 cc) of blood, the
same being percent weight per volume or percent
alcohol concentration.
(b)(1)(A) A chemical test made to determine the
presence and amount of alcohol in a person’s
blood, urine, saliva, or breath to be considered
valid under this chapter shall be performed ac-
cording to a method approved by the Department
of Health and State Board of Health or by an
individual possessing a valid certificate issued by
the department for this purpose.
(B) The department may:
(i) Approve satisfactory techniques or methods
for the chemical test;
(ii) Ascertain the qualifications and compe-
tence of an individual to conduct the chemical test;
and
(iii) Issue a certificate that is subject to termi-
nation or revocation at the discretion of the de-
partment.
(C)(i) An auxiliary law enforcement officer ap-
pointed as a reserve law enforcement officer and
certified by the department in the operation of an
instrument used to determine the alcohol content
of the breath may operate an instrument used to
determine the alcohol content of the breath under
this chapter.
(ii) The department shall promulgate rules to
implement subdivision (b)(1)(C)(i) of this section.
(2) However, a method of chemical analysis of a
person’s blood, urine, saliva, or other bodily sub-
stance made by the State Crime Laboratory for
determining the presence of one (1) or more con-
trolled substances or any intoxicant is exempt from
approval by the department or the board.
(c)(1) When a person submits to a blood test at the
request of a law enforcement officer under a provi-
sion of this section or because a warrant has been
issued to take a sample of the person’s blood, blood
may be drawn by a physician or a person acting
under the direction and supervision of a physician.
(2) The limitation in subdivision (c)(1) of this
section does not apply to the taking of a breath,
saliva, or urine specimen.
(3)(A) No person, institution, or office in this state
that withdraws blood for the purpose of determin-
ing alcohol or controlled substance content of the
blood at the request of a law enforcement officer
under a provision of this chapter shall be held
liable for violating any criminal law of this state in
connection with the withdrawing of the blood.
(B) No physician, institution, or person acting
under the direction or supervision of a physician
shall be held liable in tort for the withdrawal of
the blood unless the person is negligent in connec-
tion with the withdrawal of the blood or the blood
is taken over the objections of the subject.
(d)(1) The person tested may have a physician or
a qualified technician, registered nurse, or other
qualified person of his or her own choice administer
a complete chemical test in addition to any chemical
test administered at the direction of a law enforce-
ment officer.
(2) The law enforcement officer shall advise the
person in writing of the right provided in subdivision
(d)(1) of this section and that if the person chooses to
have an additional chemical test and the person is
13 5-65-204DRIVING OR BOATING WHILE INTOXICATED
found not guilty, the arresting law enforcement
agency shall reimburse the person for the cost of the
additional chemical test.
(3) The refusal or failure of a law enforcement
officer to advise a person of the right provided in
subdivision (d)(1) of this section and to permit and
assist the person to obtain a chemical test under
subdivision (d)(1) of this section precludes the ad-
mission of evidence relating to a chemical test taken
at the direction of a law enforcement officer.
(e) Upon the request of the person who submits to
a chemical test at the request of a law enforcement
officer or because a warrant has been issued to take
a sample of the person’s blood, full information
concerning the chemical test shall be made available
to the person or to his or her attorney.
History. Acts 1969, No. 106, §§ 1, 2; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; 1985, No. 169, § 1; A.S.A. 1947, §§ 75-1045, 75-1046; Acts
1989, No. 361, § 1; 2001, No. 561, §§ 9, 10; 2005, No. 886, § 1;
2011, No. 1240, § 1; 2013, No. 361, § 6; 2017, No. 1031, §§ 2, 3.
5-65-205. Refusal to submit to a chemical test.
(a)(1) If a person under arrest refuses upon the
request of a law enforcement officer to submit to a
chemical test designated by the law enforcement
agency as provided in § 5-65-202:
(A) A chemical test shall not be given;
(B) The person’s motor vehicle operator’s li-
cense, permit, or other evidence of driving privi-
lege shall be seized by the law enforcement officer;
and
(C) The law enforcement officer shall immedi-
ately deliver to the person from whom the motor
vehicle operator’s license, permit, or other evi-
dence of driving privilege was seized a temporary
driving permit under § 5-65-402.
(2) Refusal to submit to a chemical test under this
subsection is a strict liability offense and is a viola-
tion.
(b)(1) The Office of Driver Services shall suspend
or revoke the driving privilege of an arrested person
who refuses to submit to a chemical test under this
subchapter.
(2)(A) A person who refuses to submit to a chemi-
cal test of his or her breath, saliva, or urine for the
purpose of determining the alcohol concentration
or controlled substance content of the person’s
blood or breath shall have his or her driving
privileges:
(i) Suspended for one hundred eighty (180)
days for a first offense;
(ii) Suspended for two (2) years for a second
offense occurring within five (5) years of the first
offense;
(iii) Revoked for three (3) years for a third
offense occurring within five (5) years of the first
offense; and
(iv) Revoked for his or her lifetime for a fourth
offense occurring within five (5) years of the first
offense.
(B) The office may issue an ignition interlock
restricted license under § 5-65-118 immediately,
but only:
(i) To a person who is arrested for a first offense
under this section; and
(ii) When the person is arrested for operating or
being in actual physical control of a motor vehicle
or motorboat while intoxicated by the ingestion of
alcohol.
(C) The restricted driving permit provision of
§ 5-65-120 does not apply to a suspension for a
first offense under this section.
(c) The office shall consider any of the following
that occurred within the five (5) years immediately
before the current offense a previous offense for the
purposes of enhancing the administrative penalty
under this section:
(1) A conviction for an offense of refusing to sub-
mit to a chemical test; and
(2) A suspension or revocation of driving privi-
leges for an arrest for refusing to submit to a
chemical test when the person was not subsequently
acquitted of the criminal charge.
(d) The office shall deny the issuance of a license
or permit to operate a motor vehicle to a person who
is a resident and who violates this section but who
does not have a license or permit to operate a motor
vehicle, in addition to any other penalty under this
section, for the following periods of time:
(1) Six (6) months for a first offense; and
(2) One (1) year for a second or subsequent of-
fense.
History. Acts 1969, No. 106, § 1; 1971, No. 55, § 1; 1971, No.
306, § 1; 1973, No. 127, § 1; 1975, No. 660, § 1; 1983, No. 549,
§ 11; A.S.A. 1947, § 75-1045; Acts 1987, No. 277, § 1; 1995, No.
802, §§ 4, 5; 1999, No. 1077, § 15; 2001, No. 1501, § 3; 2003, No.
1779, § 2; 2005, No. 1234, § 1; 2007, No. 712, § 2; 2009, No. 359,
§ 4; 2009, No. 633, § 4, 2009, No. 748, § 30; 2013, No. 361, §§ 7, 8;
2015, No. 299, § 9; 2015, No. 1155, § 12; 2017, No. 333, § 5; 2017,
No. 1031, § 4.
5-65-206. Evidence in prosecution — Pre-
sumptions.
(a)(1) It is presumed at the trial of a person who is
charged with a violation of § 5-65-103 that the
person was not intoxicated if the alcohol concentra-
tion of the person’s blood, urine, breath, or other
bodily substance is four hundredths (0.04) or less by
weight as shown by chemical analysis at the time of
or within four (4) hours after the alleged offense.
(2) A presumption does not exist if at the time of
the alleged offense the person has an alcohol concen-
tration of more than four hundredths (0.04) but less
than eight hundredths (0.08) by weight of alcohol in
the defendant’s blood, urine, breath, or other bodily
substance, although this fact may be considered
with other competent evidence in determining the
guilt or innocence of the defendant.
(b) The provisions of subsection (a) of this section
shall not limit the introduction of other relevant
145-65-205 CRIMINAL OFFENSES
evidence offered to show whether or not the defen-
dant was intoxicated.
(c) The chemical analysis referred to in this sec-
tion shall be made by a method approved by the
State Board of Health.
(d)(1) Except as provided in subsection (e) of this
section, a record or report of a certification, rule,
evidence analysis, or other document pertaining to
work performed by the Office of Alcohol Testing of
the Department of Health under the authority of
this chapter shall be received as competent evidence
as to the matters contained in the record or report in
a court of this state, subject to the applicable rules of
criminal procedure when duly attested to by the
Director of the Office of Alcohol Testing of the
Department of Health or his or her assistant, in the
form of an original signature or by certification of a
copy.
(2) An instrument performing the chemical
analysis shall have been duly certified at least one
(1) time in the last three (3) months preceding
arrest, and the operator of the instrument shall have
been properly trained and certified.
(3)(A) A person charged with violating § 5-65-103
has the right to cross-examine or call as a witness:
(i) The person who calibrates the instrument
conducting a chemical analysis of the person’s
bodily substances;
(ii) The operator of the instrument conducting a
chemical analysis of the person’s bodily sub-
stances; or
(iii) A representative of the office.
(B)(i) The prosecuting attorney or the defen-
dant may compel the testimony of a person listed
in subdivision (d)(3)(A) of this section by a sub-
poena issued to that person at least ten (10) days
before the date of the hearing or trial.
(ii) The person whose testimony is compelled
shall have with him or her the record or report at
issue, and the record or report is admissible at the
hearing or trial.
(e) The admissibility of a chemical analysis that
determines the presence in a person’s blood, urine,
breath, or other bodily substance of a controlled
substance or other intoxicant that is not alcohol is
governed by § 12-12-313 when that chemical analy-
sis is performed by the State Crime Laboratory and
when the chemical analysis is being used in a
criminal prosecution under § 5-65-103, § 5-65-303,
or § 5-10-105.
History. Acts 1957, No. 346, § 1; 1961, No. 215, § 1; 1969, No.
17, § 1; 1971, No. 578, § 1; 1983, No. 549, § 12; A.S.A. 1947,
§ 75-1031.1; Acts 1989, No. 928, § 1; 1999, No. 462, § 1; 2001, No.
561, §§ 11, 12; 2005, No. 886, § 2; 2007, No. 650, § 1; 2009, No.
748, § 31; 2015, No. 299, § 10.
5-65-207. Alcohol testing devices.
(a)(1) An instrument used to determine the alco-
hol content of the breath for the purpose of deter-
mining if the person was operating a motorboat on
the waters of this state or a motor vehicle while
intoxicated or with an alcohol concentration of eight
hundredths (0.08) or more shall be constructed so
that the analysis:
(A) Is made automatically when a sample of the
person’s breath is placed in the instrument; and
(B) Does not require adjustment or other action
by the person administering the analysis.
(2) The instrument shall display digitally the
alcohol content on the instrument itself as well as on
an automatic printout.
(b) A breath analysis made by or through the use
of an instrument that does not conform to the
requirements of this section is inadmissible in a
criminal or civil proceeding.
(c)(1) The State Board of Health may adopt ap-
propriate rules to carry out the intent of this section.
(2) Only instruments approved by the board as
meeting the requirements of this section and its own
rules shall be used for making the breath analysis
for determining alcohol concentration.
(3)(A) The Department of Health may limit by its
rules the types or models of testing devices that
may be approved for use under this section.
(B) The approved types or models shall be
specified by manufacturer’s name and model.
(d) A law enforcement agency that conducts alco-
hol testing shall comply with this section.
History. Acts 1985, No. 533, §§ 1-3; A.S.A. 1947, §§ 75-1046.1 —
75-1046.3; Acts 1989, No. 419, § 1; 2001, No. 561, § 13; 2007, No.
827, § 81; 2015, No. 299, § 11.
5-65-208. Motor vehicle and motorboat acci-
dents — Testing required.
(a) When the driver of a motor vehicle or operator
of a motorboat on the waters of this state is involved
in an accident resulting in loss of human life or when
there is reason to believe death may result, a chemi-
cal test of the driver’s or operator’s breath, saliva, or
urine shall be administered to the driver or operator,
even if he or she is fatally injured, to determine the
presence of and percentage of alcohol concentration
or the presence of a controlled substance, or both, in
the driver’s or operator’s body.
(b)(1) A chemical test under this section shall be
ordered as soon as practicable by one (1) of the
following persons or agencies:
(A) The law enforcement agency investigating
the accident;
(B) The physician in attendance; or
(C) Other person designated by state law.
(2)(A) The person who conducts the chemical test
of the driver’s or operator’s breath, saliva, or urine
under this section shall forward the results of the
chemical test to the Department of Arkansas
State Police, and the department shall establish
and maintain the results of the chemical tests
required by subsection (a) of this section in a
database.
15 5-65-208DRIVING OR BOATING WHILE INTOXICATED
(B) The information in the database shall re-
flect the number of fatal motor vehicle accidents in
which:
(i) Alcohol was found to be a factor, including
the percentage of alcohol concentration involved;
(ii) Controlled substances were found to be a
factor, including a list of the controlled substances
found, the specific class of the controlled sub-
stance, and the amount; and
(iii) Both alcohol and a controlled substance
were found to be factors, including the percentage
of alcohol concentration involved, as well as a list
of the controlled substances found and the
amount.
(c) The result of a chemical test required by this
section shall be reported to the department and may
be used by state and local officials for:
(1) Statistical purposes that do not reveal the
identity of the deceased person; or
(2) Any law enforcement purpose, including pros-
ecution for the violation of any law.
(d) A test of a person’s blood under this section to
determine the person’s alcohol concentration, con-
trolled substance content, or other intoxicating sub-
stance content in his or her blood requires a warrant
based on probable cause that the person was oper-
ating or in actual physical control of a motorboat on
the waters of this state or a motor vehicle while
intoxicated.
History. Acts 1995, No. 711, § 2; 1995, No. 1105, § 2; 2003, No.
950, § 1; 2009, No. 423, § 1; 2011, No. 1120, § 13; 2013, No. 361,
§ 9; 2015, No. 299, § 12; 2017, No. 1031, § 5.
S
UBCHAPTER 3 — UNDERAGE DRIVING OR
BOATING UNDER THE INFLUENCE LAW
SECTION
.
5-65-301
. Title.
5-65-302
. [Repealed.]
5-65-303
. Driving or boating under the influence while underage.
5-65-304
. Seizure, suspension, and revocation of license — Tem-
porary permits.
5-65-305
. Fines.
5-65-306
. Public service work.
5-65-307
. Alcohol and driving education or alcoholism treatment
program.
5-65-308
. No probation prior to adjudication of guilt — Records.
5-65-309
. Implied consent.
5-65-310
. Refusal to submit to a chemical test.
5-65-311
. Relationship to other laws.
5-65-301. Title.
This subchapter may be known and cited as the
“Underage Driving or Boating Under the Influence
Law” or the “Underage DUI or BUI Law”.
History. Acts 1993, No. 863, § 1; 2015, No. 299, § 13.
5-65-302. [Repealed.]
Publisher’s Notes. This section, concerning definitions for the
Underage Driving Under the Influence Law, was repealed by Acts
2015, No. 299, § 13. This section was derived from Acts 1993, No.
863, § 2.
For current law, see § 5-65-102.
5-65-303. Driving or boating under the influ-
ence while underage.
(a) A person commits the offense of driving or
boating under the influence while underage if he or
she is underage and operates or is in actual physical
control of a motorboat on the waters of this state or
a motor vehicle while:
(1) Under the influence of an alcoholic beverage
or similar intoxicant; or
(2) At that time there was an alcohol concentra-
tion of two hundredths (0.02) but less than eight
hundredths (0.08) in his or her breath, blood, urine,
or saliva as determined by a chemical test.
(b) A violation of this section is an unclassified
misdemeanor with penalties as prescribed by this
subchapter.
(c) An alcohol-related offense under this section is
a strict liability offense.
History. Acts 1993, No. 863, § 3; 2001, No. 561, § 14; 2015, No.
299, § 13; 2015 (1st Ex. Sess.), No. 6, §§ 5, 6.
5-65-304. Seizure, suspension, and revocation
of license — Temporary permits.
(a) At the time of arrest for violating § 5-65-303,
the arresting law enforcement officer shall seize the
underage person’s motor vehicle operator’s license,
permit, or other evidence of driving privilege and
issue to the underage person a temporary driving
permit as provided by § 5-65-402.
(b)(1) As provided by § 5-65-402, the Office of
Driver Services shall:
(A) Suspend or revoke the driving privileges of
the arrested underage person; and
(B) Provide the arrested underage person the
right to hearing and judicial review.
(2) The office shall suspend or revoke the under-
age person’s driving privilege for violating § 5-65-
303 as follows:
(A) Suspend the driving privilege for ninety
(90) days for a first offense;
(B) Suspend the driving privilege for one (1)
year for a second offense occurring while the
person is underage; and
(C)(i) Revoke the driving privilege for a third or
subsequent offense occurring while the person is
underage.
(ii) A revocation issued under this subdivision
(b)(2)(C) continues until the underage person
reaches twenty-one (21) years of age or for a
period of three (3) years, whichever is longer.
(c) Either of the following are considered a previ-
ous offense by the office under this section:
(1) A conviction for violating § 5-65-103 or § 5-
65-303; and
(2) A suspension or revocation of driving privi-
leges for an arrest for a violation of § 5-65-103 or
165-65-301 CRIMINAL OFFENSES
§ 5-65-303 when the person was not subsequently
acquitted of the criminal charge.
(d)(1)(A) A driving privilege that is suspended
under this section may be reinstated by the office
upon payment of a fee of twenty-five dollars
($25.00) for each occurrence of an offense that
resulted in an order of administrative suspension
under § 5-65-303.
(B) As used in this subsection, “occurrence”
means each separate calendar date when an of-
fense or offenses take place.
(2) The fee under this subsection is not required
when an administrative suspension order has been
removed because:
(A) The person has been found not guilty of the
offense by a circuit court or district court; or
(B) A de novo review of the administrative
suspension order by the office resulted in the
removal.
(3) Forty percent (40%) of the revenues derived
from the fee under this subsection shall be deposited
into the State Treasury as special revenues and
credited to the Public Health Fund to be used
exclusively for the Blood Alcohol Program of the
Department of Health.
(4) The fee under this subsection is supplemental
to and in addition to any fee imposed under § 5-65-
119, § 5-65-310, § 27-16-508, or § 27-16-808.
History. Acts 1993, No. 863, § 4; 1999, No. 1077, § 16; 2005, No.
1992, § 2; 2007, No. 712, § 3; 2015, No. 299, § 13.
5-65-305. Fines.
(a) A person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-303 or
§ 5-65-310 shall be fined:
(1) Not less than one hundred dollars ($100) and
not more than five hundred dollars ($500) for a first
offense;
(2) Not less than two hundred dollars ($200) and
not more than one thousand dollars ($1,000) for a
second offense; and
(3) Not less than five hundred dollars ($500) and
not more than two thousand dollars ($2,000) for a
third or subsequent offense.
(b)(1) For the purpose of determining a person’s
fine under this section, a conviction or suspension
for violating § 5-65-103 or § 5-65-205 may be con-
sidered a previous offense.
(2) However, a conviction or suspension for § 5-
65-103 or § 5-65-205 is considered only one (1)
previous offense if the conviction or suspension
arose out of the same criminal offense.
History. Acts 1993, No. 863, § 5; 1999, No. 1077, § 17; 2015, No.
299, § 13.
5-65-306. Public service work.
(a) A person who pleads guilty or nolo contendere
to or is found guilty of violating § 5-65-303 or
§ 5-65-310 shall be ordered by the court to perform
public service work at the discretion of the court.
(b) The period of public service work shall be for
not less than:
(1) Thirty (30) days for a second offense of violat-
ing § 5-65-303; and
(2) Sixty (60) days for a third or subsequent
offense of violating § 5-65-303.
History. Acts 1993, No. 863, § 6; 1999, No. 1077, § 18; 2015, No.
299, § 13.
5-65-307. Alcohol and driving education or
alcoholism treatment program.
(a)(1)(A) A person who has his or her driving
privileges suspended, revoked, or denied for vio-
lating § 3-3-203, § 5-65-310, or § 5-65-303 is re-
quired to complete an alcohol and driving educa-
tion program for underage drivers as prescribed
and approved by the Division of Aging, Adult, and
Behavioral Health Services of the Department of
Human Services or an alcoholism treatment pro-
gram licensed by the division, or both, in addition
to any other penalty provided in this chapter.
(B) A person who subsequently violates § 3-3-
203 or § 5-65-303 while his or her driving privi-
leges are suspended or revoked for violating § 3-
3-203 or § 5-65-303 is also required to complete
an approved alcohol and driving education pro-
gram or alcoholism treatment program for each
additional violation.
(2) The division shall approve only those pro-
grams in alcohol and driving education that are
targeted at the underage driving group and are
intended to intervene and prevent repeat occur-
rences of driving under the influence or driving
while intoxicated.
(3)(A)(i) The alcohol and driving education pro-
gram may collect a program fee of up to one
hundred twenty-five dollars ($125) per enrollee to
offset program costs.
(ii) A person ordered to complete an alcohol and
driving education program or an alcoholism treat-
ment program under this section may be required
to pay a fee of up to twenty-five dollars ($25.00) to
offset the additional costs associated with report-
ing requirements under this subchapter in addi-
tion to the costs collected for the program.
(B) An approved alcohol and driving education
program shall report monthly to the division all
revenue derived from these fees.
(b) The person shall furnish proof of attendance
at and completion of the alcohol and driving educa-
tion program or alcoholism treatment program re-
quired under subdivision (a)(1) of this section prior
to reinstatement of his or her driving privilege.
(c) The division may promulgate rules reasonably
necessary to carry out the purposes of this section
regarding the approval and monitoring of the alco-
hol and driving education programs.
17 5-65-307DRIVING OR BOATING WHILE INTOXICATED
(d)(1)(A) A person whose driving privilege is sus-
pended or revoked for violating § 5-65-303 or
§ 5-65-310 shall:
(i) Both:
(a) Furnish proof of attendance at and comple-
tion of the alcohol and driving education program
or alcoholism treatment program required under
subdivision (a)(1) of this section and at a victim
impact panel as provided in § 5-65-121 before
reinstatement of his or her suspended or revoked
driving privilege; and
(b) Pay any fee for reinstatement required un-
der § 5-65-119, § 5-65-304, or § 5-65-121; or
(ii) Furnish proof of dismissal or acquittal of
the charge on which the suspension or revocation
is based.
(B) An application for reinstatement shall be
made to the Office of Driver Services.
(2) Even if a person has filed a de novo petition for
review under § 5-65-402, the person is entitled to
reinstatement of driving privileges upon complying
with this subsection and is not required to postpone
reinstatement until the disposition of the de novo
review in circuit court has occurred.
(3)(A) A person whose driving privilege is sus-
pended under this subchapter may enroll in an
alcohol education program prior to disposition of
the offense by the circuit court or district court but
is not entitled to a refund of fees paid if the
charges are dismissed or if the person is acquitted
of the charges.
(B) A person who enrolls in an alcohol educa-
tion program is not entitled to any refund of fees
paid if the person is subsequently acquitted.
(e) An alcohol and driving education program
required by this section shall remit the fees imposed
under this section to the division.
History. Acts 1993, No. 863, § 7; 1995, No. 1256, § 20; 1995 (1st
Ex. Sess.), No. 13, § 4; 1999, No. 1077, § 19; 2003, No. 1462, § 3;
2005, No. 1768, § 4; 2007, No. 251, § 3; 2009, No. 946, § 2; 2013,
No. 1107, §§ 7, 8; 2015, No. 299, § 13; 2017, No. 913, § 22.
5-65-308. No probation prior to adjudication
of guilt — Records.
(a) A circuit court judge or district court judge
may not utilize the first-time offender probation
provisions under § 16-93-301 et seq. when the de-
fendant is charged with violating § 5-65-303.
(b) Notwithstanding the provisions of § 5-4-301,
§ 5-4-322, or this section, a circuit court judge or
district court judge may:
(1) Utilize probationary supervision, in addition
to the mandatory penalties required for a violation
of § 5-65-303, solely for the purpose of monitoring
compliance with his or her orders; and
(2) Require a defendant to pay a reasonable fee in
an amount to be established by the circuit court
judge or district court judge.
(c) The court shall keep or cause to be kept a
record of all official actions that are the result of a
violation of this subchapter, including without limi-
tation:
(1) The ultimate resolution of the case; and
(2) The sentence and fine, if applicable.
(d)(1) The court or clerk of the court shall prepare
and immediately forward to the Office of Driver
Services within five (5) business days after the
sentencing of a person who has been found guilty or
pleaded guilty or nolo contendere to a violation of
this subchapter an abstract of the record.
(2) The abstract shall be:
(A) Certified by the person required to prepare
it to be true and correct; and
(B) Made upon a form furnished by the office
and shall include:
(i) The name and address of the person
charged;
(ii) The number, if any, of the driver’s license of
the person charged;
(iii) The registration number of the motor ve-
hicle or motorboat involved;
(iv) The date of hearing;
(v) The plea;
(vi) The judgment; and
(vii) The amount of the fine and sentence.
History. Acts 1993, No. 863, § 8; 2005, No. 1768, § 5; 2015, No.
299, § 13.
5-65-309. Implied consent.
(a) An underage person who operates a motorboat
on the waters of this state or a motor vehicle or is in
actual physical control of a motor vehicle or motor-
boat in this state is deemed to have given consent,
subject to § 5-65-203, to a chemical test of his or her
breath, saliva, or urine for the purpose of determin-
ing the alcohol concentration or controlled substance
content of his or her breath or blood if:
(1) The underage person is arrested for any of-
fense arising out of an act alleged to have been
committed while the underage person was driving or
boating while under the influence or driving or
boating while there was an alcohol concentration of
two hundredths (0.02) but less than eight hun-
dredths (0.08) in his or her breath, blood, saliva, or
urine;
(2) The underage person is involved in an acci-
dent while operating or in actual physical control of
a motorboat on the waters of this state or a motor
vehicle; or
(3) The underage person is stopped by a law
enforcement officer who has reasonable cause to
believe that the underage person, while operating or
in actual physical control of a motorboat on the
waters of this state or a motor vehicle, is under the
influence or has an alcohol concentration of two
hundredths (0.02) but less than eight hundredths
(0.08) in his or her breath or blood.
(b) An underage person who is dead, unconscious,
or otherwise in a condition rendering him or her
incapable of refusal is deemed not to have with-
185-65-308 CRIMINAL OFFENSES
drawn the consent provided by subsection (a) of this
section, and a chemical test may be administered
subject to § 5-65-203.
(c) A test of a person’s blood under this section to
determine the person’s alcohol concentration, con-
trolled substance content, or other intoxicating sub-
stance content in his or her blood requires a warrant
based on probable cause that the person was oper-
ating or in actual physical control of a motorboat on
the waters of this state or a motor vehicle while
intoxicated.
History. Acts 1993, No. 863, § 9; 2001, No. 561, § 15; 2013, No.
361, § 10; 2015, No. 299, § 13; 2017, No. 1031, § 6.
5-65-310. Refusal to submit to a chemical test.
(a)(1) If an underage person under arrest refuses
upon the request of a law enforcement officer to
submit to a chemical test designated by the law
enforcement agency as provided for in § 5-65-309:
(A) A chemical test shall not be given;
(B) The underage person’s driver’s license,
driver’s permit, or other evidence of driving privi-
lege shall be seized by the law enforcement officer;
and
(C) The law enforcement officer shall immedi-
ately deliver to the underage person from whom
the driver’s license, driver’s permit, or other evi-
dence of driving privilege was seized a temporary
driving permit, as provided by § 5-65-402.
(2) Refusal to submit to a chemical test under this
subsection is a strict liability offense and is a viola-
tion.
(b)(1) The Office of Driver Services shall suspend
or revoke the driving privileges of an arrested un-
derage person who refuses to submit to a chemical
test under this subchapter as follows:
(A) Suspension for ninety (90) days for a first
offense;
(B) Suspension for one (1) year for a second
offense; and
(C) Revocation for a third or subsequent of-
fense.
(2) A revocation issued under this subsection con-
tinues until the underage person reaches twenty-
one (21) years of age or for a period of three (3) years,
whichever is longer.
(c) In order to determine the number of previous
offenses to consider when suspending or revoking
the arrested underage person’s driving privileges,
the office shall consider as a previous offense:
(1) A conviction for violating § 5-65-310; and
(2) A suspension or revocation of driving privi-
leges for an arrest for a violation of § 5-65-310 when
the person was not subsequently acquitted of the
criminal charge.
(d) The office shall deny the issuance of a license
or permit to operate a motor vehicle to an underage
person who is a resident and who violates this
section but who does not have a license or permit to
operate a motor vehicle, in addition to any other
penalty under this section, for the following periods
of time:
(1) Six (6) months for a first offense; and
(2) One (1) year for a second or subsequent of-
fense.
(e) When an underage nonresident’s driving
privilege to operate a motor vehicle in this state has
been suspended under this section, the office shall
notify the entity of issuance of that underage per-
son’s nonresident motor vehicle driving privilege of
action taken by the office.
(f)(1)(A) A driving privilege that is suspended
under this section may be reinstated by the office
upon payment of twenty-five dollars ($25.00) for
each occurrence of an offense that resulted in an
order of administrative suspension under § 5-65-
310.
(B) As used in this subsection, “occurrence”
means each separate calendar date when an of-
fense or offenses take place.
(2) The fee under this subsection is not required
when an administrative suspension order has been
removed because:
(A) The person has been found not guilty of the
offense by a circuit court or district court; or
(B) A de novo review of the administrative
suspension order by the office resulted in the
removal.
(3) Forty percent (40%) of the revenues derived
from the fee under this subsection shall be deposited
into the State Treasury as special revenues and
credited to the Public Health Fund to be used
exclusively for the Blood Alcohol Program of the
Department of Health.
(4) The fee under this subsection is supplemental
to and in addition to any fee imposed under § 5-65-
119, § 5-65-304, § 27-16-508, or § 27-16-808.
History. Acts 1993, No. 863, § 10; 1999, No. 1077, § 20; 2005,
No. 1992, § 5; 2007, No. 712, § 4; 2009, No. 633, § 5; 2015, No. 299,
§ 13.
5-65-311. Relationship to other laws.
(a) A penalty under this subchapter for violating
§ 5-65-303 is in addition to other penalties pre-
scribed by law for the offense under another law of
the State of Arkansas.
(b) There is no presumption under this subchap-
ter that an underage person is not under the influ-
ence of an intoxicating substance, such as alcohol or
a similar intoxicant, if the underage person’s alcohol
concentration is four hundredths (0.04) or less.
(c) The following aspects of the chemical test or
instrument for testing breath or blood alcohol con-
centration under this chapter may be used in the
same manner for an offense under this subchapter:
(1) The administration of a chemical test for
breath or blood alcohol;
(2) The instrument used to administer the chemi-
cal test;
19 5-65-311DRIVING OR BOATING WHILE INTOXICATED
(3) The procedure used to calibrate and maintain
the instrument; and
(4) The use of the chemical test results as evi-
dence.
History. Acts 1993, No. 863, § 11; 2001, No. 561, § 16; 2015, No.
299, § 13.
S
UBCHAPTER 4 — ADMINISTRATIVE DRIVER’S
LICENSE SUSPENSION
SECTION
.
5-65-401
. Definitions.
5-65-402
. Surrender of license or permit to arresting officer.
5-65-403
. Notice and receipt from arresting officer.
5-65-401. Definitions.
As used in this subchapter:
(1) “Disqualification” means a prohibition against
driving a commercial motor vehicle;
(2) “Immobilization” means revocation or suspen-
sion of the registration or license plate of a motor
vehicle; and
(3) “Sworn report” means a signed and written
statement of a certified law enforcement officer,
under penalty of perjury, on a form provided by the
Director of the Department of Finance and Admin-
istration.
History. Acts 1999, No. 1077, § 21.
5-65-402. Surrender of license or permit to
arresting officer.
(a)(1)(A) At the time of arrest for violating § 3-3-
203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205,
§ 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-
23-114(a)(2), or § 27-23-114(a)(5), the arrested
person shall immediately surrender his or her
license, permit, or other evidence of driving privi-
lege to the arresting law enforcement officer.
(B) The arresting law enforcement officer shall
seize the license, permit, or other evidence of
driving privilege surrendered by the arrested per-
son or found on the arrested person during a
search.
(C)(i) If a juvenile, as defined in the Arkansas
Juvenile Code of 1989, § 9-27-301 et seq., is
arrested for violating § 3-3-203(a) or § 5-27-
503(a)(3), the arresting officer shall issue the
juvenile a citation to appear for a juvenile intake
with a juvenile intake officer.
(ii) The arresting officer shall forward a copy of
the citation and the license, permit, or other
evidence of the driving privilege to the juvenile
office before the scheduled juvenile intake.
(iii) Juveniles subject to the jurisdiction of the
circuit court under the Arkansas Juvenile Code of
1989, § 9-27-301 et seq., shall not be subject to
this section, except as provided in this subdivision
(a)(1).
(2)(A)(i) If the license, permit, or other evidence of
driving privilege seized by the arresting law en-
forcement officer has not expired and otherwise
appears valid to the arresting law enforcement
officer, the arresting law enforcement officer shall
issue to the arrested person a dated receipt for
that license, permit, or other evidence of driving
privilege on a form prescribed by the Office of
Driver Services.
(ii) This receipt shall be recognized as a license
and authorizes the arrested person to operate a
motor vehicle for a period not to exceed thirty (30)
days.
(B)(i) The receipt form shall contain and shall
constitute a notice of suspension, disqualification,
or revocation of driving privileges by the office,
effective in thirty (30) days, notice of the right to a
hearing within twenty (20) days, and if a hearing
is to be requested, as notice that the hearing
request is required to be made within seven (7)
calendar days of the notice being given.
(ii) The receipt form shall also contain phone
numbers and the address of the office and inform
the driver of the procedure for requesting a hear-
ing.
(C) If the office is unable to conduct a hearing
within the twenty-day period, a temporary permit
shall be issued and is valid until the date of the
hearing.
(D)(i) The seized license, permit, or other evi-
dence of driving privilege and a copy of the receipt
form issued to the arrested person shall be at-
tached to the sworn report of the arresting law
enforcement officer and shall be submitted by mail
or in person to the office or its designated repre-
sentative within seven (7) days of the issuance of
the receipt.
(ii) The failure of the arresting law enforcement
officer to timely file the sworn report does not
affect the authority of the office to suspend, dis-
qualify, or revoke the driving privilege of the
arrested person.
(3)(A) Any notice from the office required under
this subchapter that is not personally delivered
shall be sent by certified mail and is deemed to
have been delivered on the date when postmarked
and shall be sent to the last known address on file
with the office.
(B) Refusal of the addressee to accept delivery
or attempted delivery of the notice at the address
obtained by the arresting law enforcement officer
or on file with the office does not constitute non-
receipt of notice.
(C) For any notice that is personally delivered,
the person shall be asked to sign a receipt ac-
knowledging that he or she received the required
notice.
(4)(A) The office or its designated official shall
suspend, revoke, or disqualify the driving privi-
lege of an arrested person or any nonresident
driving privilege of an arrested person when it
205-65-401 CRIMINAL OFFENSES
receives a sworn report from the arresting law
enforcement officer that he or she had reasonable
grounds to believe the arrested person:
(i) Was under twenty-one (21) years of age and
purchased or was in possession of intoxicating
liquor, wine, or beer in violation of § 3-3-203(a);
(ii) Was under twenty-one (21) years of age and
attempted to purchase an alcoholic beverage or
use a fraudulent or altered personal identification
document for the purpose of purchasing an alco-
holic beverage illegally or other material or sub-
stance restricted to adult purchase or possession
under existing law in violation of § 5-27-503(a)(3);
or
(iii) Had been operating or was in actual physi-
cal control of a motorboat on the waters of this
state or a motor vehicle in violation of § 5-65-103,
§ 5-65-303, § 27-23-114(a)(1), or § 27-23-
114(a)(2) and the sworn report is accompanied by:
(a) A written chemical test report or a sworn
report that the arrested person was operating or
in actual physical control of a motorboat on the
waters of this state or motor vehicle in violation of
§ 5-65-103, § 5-65-303, or § 27-23-114; or
(b) A sworn report that the arrested person
refused to submit to a chemical test of breath,
saliva, or urine for the purpose of determining the
alcohol concentration or controlled substance con-
tent of the arrested person’s breath or blood in
violation of § 5-65-205, § 5-65-310, or § 27-23-
114(a)(5).
(B) The suspension, disqualification, or revoca-
tion shall be based as follows:
(i) The driving privileges of a person violating
§ 5-65-103 shall be suspended or revoked as pro-
vided by § 5-65-104;
(ii) The driving privileges of a person violating
§ 5-65-205(a) shall be suspended or revoked as
provided by § 5-65-205(b);
(iii) The driving privileges of a person violating
§ 5-65-303 shall be suspended or revoked as pro-
vided by § 5-65-304(b);
(iv) The driving privileges of a person violating
§ 5-65-310(a) shall be suspended or revoked as
provided by § 5-65-310(b);
(v) The driving privileges of a person violating
§ 27-23-114(a)(1) or § 27-23-114(a)(2) shall be
disqualified as provided by § 27-23-112;
(vi) The driving privileges of a person violating
§ 27-23-114(a)(5) shall be disqualified as provided
by § 27-23-112;
(vii) The driving privileges of a person violating
§ 3-3-203(a) shall be suspended, revoked, or dis-
qualified as provided by § 3-3-203(e); and
(viii) The driving privileges of a person violat-
ing § 5-27-503(a)(3) shall be suspended, revoked,
or disqualified as provided by § 5-27-503(d).
(5) In addition to any other penalty provided for
in this section, if the arrested person is a resident
without a license or permit to operate a motor
vehicle in this state:
(A) The office shall deny to that arrested person
the issuance of a license or permit for a period of
six (6) months for a first offense; and
(B) For a second or subsequent offense by a
resident without a license or permit to operate a
motor vehicle, the office shall deny to that ar-
rested person the issuance of a license or permit
for a period of one (1) year.
(6)(A)(i) If the arrested person is a nonresident,
the arrested person’s driving privilege in Arkan-
sas shall be suspended in the same manner as
that of a resident.
(ii) The office shall notify the office that issued
the nonresident’s driving privilege of the action
taken by the office.
(B) When the arrested person is a nonresident
without a license or permit to operate a motor
vehicle, the office shall notify the office of issuance
for that arrested person’s state of residence of
action taken by the office.
(7)(A) Upon the written request of a person whose
driving privilege has been revoked, denied, dis-
qualified, or suspended, or who has received a
notice of revocation, suspension, disqualification,
or denial by the arresting law enforcement officer,
the office shall grant the person an opportunity to
be heard if the request is received by the office
within seven (7) calendar days after the notice of
the revocation, suspension, disqualification, or de-
nial is given in accordance with this section or as
otherwise provided in this chapter.
(B) A request described in subdivision (a)(7)(A)
of this section does not operate to stay the revoca-
tion, suspension, disqualification, or denial by the
office until the disposition of the hearing.
(8)(A) The hearing shall be before the office or its
authorized agent, in the office of the Revenue
Division of the Department of Finance and Admin-
istration nearest the county where the alleged
event occurred for which the person was arrested,
unless the office or its authorized agent and the
arrested person agree otherwise to the hearing’s
being held in some other county or that the office
or its authorized agent may schedule the hearing
or any part of the hearing by telephone and
conduct the hearing by telephone conference call.
(B) The hearing shall not be recorded.
(C) At the hearing, the burden of proof is on the
state and the decision shall be based on a prepon-
derance of the evidence.
(D) The scope of the hearing shall cover the
issues of whether the arresting law enforcement
officer had reasonable grounds to believe that the
person:
(i) Had been operating or was in actual physical
control of a motorboat on the waters of this state
or a motor vehicle or commercial motor vehicle
while:
(a) Intoxicated or impaired;
(b) The person’s blood alcohol concentration
measured by weight of alcohol in the person’s
21 5-65-402DRIVING OR BOATING WHILE INTOXICATED
blood was equal to or greater than the blood
alcohol concentration prohibited by § 5-65-
103(a)(2);
(c) The blood alcohol concentration of a person
under twenty-one (21) years of age was equal to or
greater than the blood alcohol concentration pro-
hibited by § 5-65-303; or
(d) The person’s blood alcohol concentration
measured by weight of alcohol in the person’s
blood was equal to or greater than the blood
alcohol concentration prohibited by § 27-23-114;
(ii) Refused to submit to a chemical test of the
breath, saliva, or urine for the purpose of deter-
mining the alcohol concentration or controlled
substance content of the person’s breath or blood
and whether the person was placed under arrest;
(iii) Was under twenty-one (21) years of age and
purchased or was in possession of any intoxicating
liquor, wine, or beer; or
(iv) Was under twenty-one (21) years of age and
attempted to purchase an alcoholic beverage or
use a fraudulent or altered personal identification
document for the purpose of purchasing an alco-
holic beverage illegally or other material or sub-
stance restricted to adult purchase or possession
under existing law.
(E)(i) The office or its agent at the hearing shall
consider any document submitted to the office by
the arresting law enforcement agency, document
submitted by the arrested person, and the state-
ment of the arrested person.
(ii) The office shall not have the power to com-
pel the production of documents or the attendance
of witnesses.
(F)(i) If the revocation, suspension, disqualifi-
cation, or denial is based upon a chemical test
result indicating that the arrested person was
intoxicated or impaired and a sworn report from
the arresting law enforcement officer, the scope of
the hearing shall also cover the issues as to
whether:
(a) The arrested person was advised that his or
her privilege to drive would be revoked, disquali-
fied, suspended, or denied if the chemical test
result reflected an alcohol concentration equal to
or in excess of the amount by weight of blood
provided by law or the presence of other intoxicat-
ing substances;
(b) The breath, blood, saliva, or urine specimen
was obtained from the arrested person within the
established and certified criteria of the Depart-
ment of Health;
(c) The chemical testing procedure used was in
accordance with existing rules; and
(d) The chemical test result in fact reflects an
alcohol concentration, the presence of other intoxi-
cating substances, or a combination of alcohol
concentration or other intoxicating substance.
(ii) If the revocation, suspension, disqualifica-
tion, or denial is based upon the refusal of the
arrested person to submit to a chemical test as
provided in § 5-65-205, § 5-65-310, or § 27-23-
114(a)(5), reflected in a sworn report by the arrest-
ing law enforcement officer, the scope of the hear-
ing shall also include whether:
(a) The arrested person refused to submit to the
chemical test; and
(b) The arrested person was informed that his
or her privilege to drive would be revoked, dis-
qualified, suspended, or denied if the arrested
person refused to submit to the chemical test.
(b) After the hearing, the office or its authorized
agent shall order the revocation, suspension, dis-
qualification, or denial to be rescinded or sustained
and shall then advise any person whose driving
privilege is revoked, suspended, or denied that he or
she may request a restricted permit as otherwise
provided for by this chapter.
(c)(1)(A) A person adversely affected by the hear-
ing disposition order of the office or its authorized
agent may file a de novo petition for review within
thirty (30) days in the circuit court in the county in
which the offense took place.
(B) A copy of the decision of the office shall be
attached to the petition.
(C) The petition shall be served on the Director
of the Department of Finance and Administration
under Rule 4 of the Arkansas Rules of Civil
Procedure.
(2)(A) The filing of a petition for review does not
stay or place in abeyance the decision of the office
or its authorized agent.
(B) If the circuit court issues an order staying
the decision or placing the decision in abeyance,
the circuit 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
that office.
(C)(i) The circuit court shall hold a final hear-
ing on the de novo review within one hundred
twenty (120) days after the date that the order
staying the decision or placing the decision in
abeyance is entered.
(ii) The circuit court may conduct the final
hearing by telephone conference with the consent
of the parties.
(3) An administrative hearing held under this
section is exempt from the Arkansas Administrative
Procedure Act, § 25-15-201 et seq.
(4)(A) On review, the circuit court shall hear the
case de novo in order to determine based on a
preponderance of the evidence whether a ground
exists for revocation, suspension, disqualification,
or denial of the person’s privilege to drive.
(B) If the results of a chemical test of blood,
breath, saliva, or urine are used as evidence in the
suspension, revocation, or disqualification of the
person’s driving privilege, then § 5-65-206 shall
apply in the circuit court proceeding.
(d)(1) A decision rendered at an administrative
hearing held under this section shall have no effect
on any criminal case arising from a violation of
225-65-402 CRIMINAL OFFENSES
§ 3-3-203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-
205, § 5-65-303, § 5-65-310, § 27-23-114(a)(1),
§ 27-23-114(a)(2), or § 27-23-114(a)(5).
(2) Any decision rendered by a court of law for a
criminal case arising from any violation of § 3-3-
203(a), § 5-27-503(a)(3), § 5-65-103, § 5-65-205,
§ 5-65-303, § 5-65-310, § 27-23-114(a)(1), § 27-23-
114(a)(2), or § 27-23-114(a)(5) shall affect the ad-
ministrative suspension, disqualification, or revoca-
tion of the driving privilege as follows:
(A) A plea of guilty or nolo contendere or a
finding of guilt by the court has no effect on an
administrative hearing held under this section;
(B)(i) An acquittal on the charges or a dismissal
of charges serves to reverse the suspension, dis-
qualification, or revocation of the driving privilege
suspended or revoked under this section.
(ii) The office shall reinstate the person’s driv-
ing privilege at no cost to the person, and the
charges shall not be used to determine the number
of previous offenses when administratively sus-
pending, disqualifying, or revoking the driving
privilege of an arrested person in the future; and
(C) The office shall convert any initial adminis-
trative suspension or revocation of a driving privi-
lege for violating § 5-65-103 to a suspension or
revocation for violating § 5-65-303 if the person is
convicted of violating § 5-65-303 instead of § 5-
65-103.
(e) A person whose privilege to drive has been
denied, suspended, disqualified, or revoked shall
remain under the denial, suspension, disqualifica-
tion, or revocation and remain subject to penalties
as provided in § 5-65-105 until such time as that
person applies for, and is granted by the office,
reinstatement of the privilege to drive.
(f) The administrative suspension, disqualifica-
tion, or revocation of a driving privilege as provided
for by this section is supplementary to and in addi-
tion to a suspension, disqualification, or revocation
of a driving privilege that is ordered by a court of
competent jurisdiction for an offense under §§ 5-64-
710, 5-65-116 [repealed], and 27-16-914, or other
traffic or criminal offense in which a suspension,
disqualification, or revocation of the driving privi-
lege is a penalty for the violation.
(g)(1)(A) A person whose driving privilege is sus-
pended or revoked under this section shall:
(i) Both:
(a) Furnish proof of attendance at and comple-
tion of the alcoholism treatment program, alcohol
education program, or alcohol and driving educa-
tion program required by § 5-65-104(b)(1) or § 5-
65-307(a)(1) and, if applicable, at a victim impact
panel as provided in § 5-65-121 before reinstate-
ment of his or her suspended or revoked driving
privilege; and
(b) Pay a fee for reinstatement required under
§ 5-65-119, § 5-65-304, or, if applicable, § 5-65-
121; or
(ii) Furnish proof of dismissal or acquittal of
the charge on which the suspension or revocation
is based.
(B) An application for reinstatement shall be
made to the office.
(2) Even if a person has filed a de novo petition for
review under subsection (c) of this section, the
person is entitled to reinstatement of driving privi-
leges upon complying with this subsection and is not
required to postpone reinstatement until the dispo-
sition of the de novo review in circuit court has
occurred.
(3) A person whose driving privilege is suspended
or revoked under this section may enroll in an
alcohol education program prior to disposition of the
offense by the circuit court or district court but is not
entitled to a refund of a fee paid if the charge is
dismissed or if the person is acquitted of the charge.
(h) Except as provided in subsection (a) of this
section, this section shall not apply to juveniles
subject to the Arkansas Juvenile Code of 1989,
§ 9-27-301 et seq.
History. Acts 1999, No. 1077, § 21; 2003, No. 541, §§ 2-5; 2005,
No. 1535, § 2; 2005, No. 1768, § 6; 2007, No. 922, § 2; 2009, No.
748, § 32; 2009, No. 946, § 3; 2009, No. 956, §§ 2, 3; 2011, No. 610,
§ 1; 2013, No. 361, §§ 11-14; 2013, No. 488, § 1; 2015, No. 299,
§ 14; 2017, No. 1031, §§ 7, 8.
5-65-403. Notice and receipt from arresting
officer.
(a) At the time of arrest for violating § 5-65-103,
§ 5-65-303, § 27-23-114(a)(1), or § 27-23-114(a)(2),
the arresting law enforcement officer shall provide
written notice to the arrested person:
(1) That the registration of a motor vehicle owned
by the arrested person is suspended effective in
thirty (30) days if the arrested person’s driving
privileges have been suspended, disqualified, or re-
voked for violating § 5-65-103, § 5-65-303, § 27-23-
114(a)(1), or § 27-23-114(a)(2) in the previous five
(5) years;
(2) Of the right to a hearing within twenty (20)
days; and
(3) That the hearing request is required to be
made within seven (7) calendar days of the notice
being given if the arrested person wants to request a
hearing.
(b) The receipt shall also contain phone numbers
and the address of the Office of Driver Services and
inform the arrested person of the procedure for
requesting a hearing.
(c) If the Office of Driver Services is unable to
conduct a hearing within the twenty-day period, a
temporary permit shall be issued and is valid until
the date of the hearing.
(d)(1) The seized license, permit, or other evi-
dence of driving privilege and a copy of the receipt
form issued to the arrested person shall be:
(A) Attached to the sworn report of the arrest-
ing law enforcement officer; and
(B) Submitted by mail or in person to the Di-
rector of the Department of Finance and Admin-
istration or his or her designated representative
23 5-65-403DRIVING OR BOATING WHILE INTOXICATED
within seven (7) days of the issuance of the re-
ceipt.
(2) The failure of the arresting law enforcement
officer to timely file the sworn report does not affect
the authority of the Office of Driver Services to
suspend the registration of a motor vehicle owned by
the arrested person.
(e) A notice from the Office of Driver Services
required under this section that is not personally
delivered shall be sent as provided by § 5-65-402.
(f)(1) If the arrested person is a nonresident, the
arrested person’s motor vehicle registration in Ar-
kansas shall be suspended in the same manner as
that of a resident.
(2) The Office of Driver Services shall notify the
out-of-state entity that issued the nonresident’s mo-
tor vehicle registration of the action taken by the
Office of Driver Services.
(g) The hearing shall be held by the Office of
Driver Services at the conclusion of any hearing
under § 5-65-402 and the scope of the hearing is
limited to:
(1) Determining if the arrested person’s driving
privileges had been suspended, revoked, or disquali-
fied for violation of § 5-65-103, § 5-65-303, § 27-23-
114(a)(1), or § 27-23-114(a)(2) in the five (5) years
prior to the current offense; and
(2) Determining if any motor vehicle is licensed or
registered in the arrested person’s name as either
owner or co-owner of the motor vehicle.
(h)(1)(A) A person adversely affected by the hear-
ing disposition order of the Office of Driver Ser-
vices or its authorized agent may file a de novo
petition for review within thirty (30) days in the
circuit court in the county where the offense took
place.
(B) The filing of a petition for review does not
stay or place in abeyance the decision of the Office
of Driver Services or its authorized agent.
(2) An administrative hearing held under this
section is exempt from the Arkansas Administrative
Procedure Act, § 25-15-201 et seq.
(3) The circuit court shall hear the case de novo
on review in order to determine whether, based on a
preponderance of the evidence, a ground exists for
suspension of the person’s motor vehicle registra-
tion.
(i) The suspension ordered shall be equal to the
suspension of driving privileges ordered under § 5-
65-402 or one (1) year, whichever is longer, but shall
not exceed five (5) years.
(j)(1)(A) Upon determination that a person is
completely dependent on the motor vehicle for the
necessities of life, the director may grant a re-
stricted registration to a family member or co-
owner of any immobilized motor vehicle.
(B) A restricted registration is not valid for use
by the person whose driving privileges have been
suspended or revoked.
(2) Operation of a motor vehicle in a manner
inconsistent with the restricted registration or li-
cense plate has the same effect as operating an
unlicensed motor vehicle.
(k) If the director orders immobilization of a mo-
tor vehicle, notice of immobilization shall be sent by
first-class mail to any persons, other than the ar-
rested person, listed as an owner or co-owner of the
immobilized motor vehicle in the records of the
Office of Motor Vehicle.
History. Acts 1999, No. 1077, § 21; 2015, No. 299, § 15.
CHAPTER 67
HIGHWAYS AND BRIDGES
SECTION
.
5-67-101
. Advertising signs generally.
5-67-102
. False or misleading signs.
5-67-103
. Attaching signs to utility poles or living plants.
5-67-104
. Violation of posted bridge prohibitions.
5-67-105
. Wreckage near memorial highway.
5-67-106
. Use of spotlight.
5-67-107
. Solicitation on or near a highway.
5-67-101. Advertising signs generally.
(a) It is unlawful for any person, firm, or corpora-
tion to place any advertising sign on the highway
right-of-way in this state, except for a sign placed
under direction of the State Highway Commission.
(b) Any person violating a provision of this section
or § 5-39-213 is guilty of a violation and upon
conviction shall be fined in any sum not less than
twenty-five dollars ($25.00) nor more than one hun-
dred dollars ($100).
History. Acts 1941, No. 359, §§ 2, 3; A.S.A. 1947, §§ 41-3355,
41-3356; Acts 2005, No. 1994, § 54.
5-67-102. False or misleading signs.
(a) It is unlawful for any person, firm, or corpora-
tion to erect or cause to be erected or maintained on
or within one hundred yards (100 yds.) of the right-
of-way of any state highway any sign or billboard
that has printed, painted, or otherwise placed on the
sign or billboard words or figures:
(1) Calculated to cause the traveling public of this
state or tourists from other states to abandon the
state highway and travel any public road to any
town, city, or destination in this state unless the sign
or billboard is erected and maintained by and with
the consent and approval of the State Highway
Commission; or
(2) That give to the traveling public any false or
misleading information pertaining to the highways
of this state.
(b) Any person, firm, or corporation violating a
provision of this section is guilty of a violation and
upon conviction shall be fined in any sum not less
than twenty-five dollars ($25.00) nor more than one
hundred dollars ($100).
245-67-101 CRIMINAL OFFENSES
(c) The commission shall remove and destroy any
signboard within one hundred yards (100 yds.) of the
right-of-way of any state highway that gives to the
traveling public any false or misleading information
pertaining to the highways of this state.
History. Acts 1925, No. 135, §§ 1-4; Pope’s Dig., §§ 3660-3663;
A.S.A. 1947, §§ 41-3351 — 41-3354;Acts 2005, No. 1994, § 54; Acts
2007, No. 827, § 88.
5-67-103. Attaching signs to utility poles or
living plants.
(a)(1) It is unlawful for any person, firm, corpora-
tion, or association to nail, staple, or otherwise
attach or cause to be nailed, stapled, or otherwise
attached any sign, poster, or billboard to any public
utility pole or to any living tree, shrub, or other
plant located upon the rights-of-way of any public
road, highway, or street in this state.
(2) However, this prohibition does not apply to a
warning, safety, or identification sign attached to a
public utility pole by a utility company or coopera-
tive.
(b)(1) Any person, firm, corporation, or associa-
tion violating a provision of this section is guilty of a
violation and upon conviction shall be fined not less
than fifty dollars ($50.00) nor more than five hun-
dred dollars ($500).
(2) Each day that any violation under subdivision
(b)(1) of this section continues constitutes a separate
offense.
History. Acts 1967, No. 420, §§ 1, 2; A.S.A. 1947, §§ 41-3362,
41-3363; Acts 2005, No. 1994, § 54.
5-67-104. Violation of posted bridge prohibi-
tions.
(a) It is unlawful for any person owning or oper-
ating a motor vehicle that in any way exceeds or
violates any properly posted limitation, regulation,
or restriction governing the use of a bridge structure
to use the bridge structure so long as the use violates
any posted prohibition.
(b)(1) Any unlawful action resulting in a violation
of a provision of subsection (a) of this section is a
violation and upon conviction the person shall be
punished by a fine of not more than two hundred
dollars ($200).
(2) The person is liable for the costs to restore the
damage and injury to the bridge structure occa-
sioned by the violation.
History. Acts 1971, No. 249, §§ 2, 3; A.S.A. 1947, §§ 41-3365,
41-3366; Acts 2005, No. 1994, § 54.
5-67-105. Wreckage near memorial highway.
(a) If any person or corporation stores wrecked,
worn out, or discarded automobiles or other scrap
iron or steel within two hundred yards (200 yds.) of
any public highway in the State of Arkansas, a part
of which has been or may be designated by law as a
memorial highway, it is the person’s or corporation’s
duty to:
(1) Construct a solid fence or wall high enough to
hide the wrecked, worn out, or discarded automo-
biles or other scrap iron or steel from a person
passing along the memorial highway; or
(2) Hide the wrecked, worn out, or discarded
automobiles or other scrap iron or steel behind a
house or other structure or elevation of the land that
conceals the wrecked, worn out, or discarded auto-
mobiles or other scrap iron or steel from public view
of a person passing along the memorial highway.
(b) Any person failing to comply with a provision
of this section is guilty of a violation and shall be
fined five dollars ($5.00) for each day that he or she
fails to comply, with the fine to go to the local school
district where the site of the violation is located.
History. Acts 1933, No. 165, §§ 1, 2; Pope’s Dig., §§ 3657, 3658;
A.S.A. 1947, §§ 41-3357, 41-3358; Acts 1997, No. 379, § 1; 2005,
No. 1994, § 54.
5-67-106. Use of spotlight.
(a) It is unlawful to use a spotlight from any
public road, street, or highway except for use by:
(1) A law enforcement officer, game and fish offi-
cer, emergency service worker, or utility company
employee in the performance of his or her duties;
(2) A person or his or her employee to examine
real or personal property or livestock owned or
rented by the person; or
(3) A person to assist in the repair or removal of a
motor vehicle or other property.
(b) This section does not apply within the bound-
aries of a city of the first class or a city of the second
class.
(c) A violation of this section is a Class C misde-
meanor.
History. Acts 1987, No. 625, § 1.
5-67-107. Solicitation on or near a highway.
(a) It is unlawful for any person to solicit a
donation or offer to sell any item or service:
(1) On a state highway;
(2) Within ten feet (10') of a state highway, if
there is not a sidewalk along the highway; or
(3) Between the highway and a sidewalk, if there
is a sidewalk within ten feet (10') of the highway.
(b) A violation of this section is a Class C misde-
meanor.
History. Acts 1993, No. 980, § 1.
25 5-67-107HIGHWAYS AND BRIDGES
CHAPTER 71
RIOTS, DISORDERLY CONDUCT,
ETC.
SUBCHAPTER 2 — OFFENSES GENERALLY
SECTION
.
5-71-214
. Obstructing a highway or other public passage.
5-71-218
. Possession of open container containing alcohol in a
motor vehicle.
5-71-214. Obstructing a highway or other
public passage.
(a) A person commits the offense of obstructing a
highway or other public passage if, having no legal
privilege to do so and acting alone or with another
person, he or she renders any highway or other
public passage impassable to pedestrian or vehicu-
lar traffic.
(b) It is a defense to a prosecution under this
section that:
(1) The highway or other public passage was
rendered impassable solely because of a gathering of
persons to hear the defendant speak or otherwise
communicate;
(2) The defendant was a member of a gathering
contemplated by subdivision (b)(1) of this section; or
(3) The highway or public passage obstructed has
not been established as a city street, county road, or
state or federal highway under the laws of this state
and no civil court has established a right of passage
by prescription for the highway or public passage.
(c) Obstructing a highway or other public passage
is a Class C misdemeanor.
History. Acts 1975, No. 280, § 2915; A.S.A. 1947, § 41-2915;
Acts 1999, No. 1105, § 1.
5-71-218. Possession of open container con-
taining alcohol in a motor vehicle.
(a) It is unlawful for a person to possess an open
alcoholic beverage container within an area of a
motor vehicle that is:
(1) Designated to seat the driver or a passenger in
the motor vehicle and the motor vehicle is in opera-
tion; or
(2) Readily accessible to the driver or a passenger
in the motor vehicle while in a seated position and
the motor vehicle is located on a public highway or
the right-of-way of a public highway.
(b) It is not an offense under this section if the
open alcoholic beverage container is possessed:
(1) Outside of the passenger area of the motor
vehicle or other area of the motor vehicle commonly
used for the transportation of passengers, such as in
the trunk or cargo area of the motor vehicle;
(2) In a locked area of the motor vehicle, including
without limitation a glove compartment or center
console of the motor vehicle;
(3) In a permanently sealed container that cannot
be unsealed without breaking the seal or destroying
the container; or
(4) By a passenger in the motor vehicle, but not
the driver, as long as the open alcoholic beverage
container is possessed within the living quarters of
the motor vehicle or the area of the motor vehicle
that is designated for passengers only, the open
alcoholic beverage container is not readily accessible
to the driver of the motor vehicle, and the motor
vehicle is:
(A) Designed, maintained, or used primarily for
the transportation of persons for compensation; or
(B) A recreational vehicle, motor home, or
house trailer.
(c) A violation of this section is a Class C misde-
meanor.
History. Acts 2017, No. 849, § 1.
CHAPTER 73
WEAPONS
SUBCHAPTER 1 — POSSESSION AND USE
GENERALLY
SECTION
.
5-73-128
. Offenses upon property of public schools.
5-73-130
. Seizure and forfeiture of firearm — Seizure and forfei-
ture of motor vehicle — Disposition of property
seized.
5-73-128. Offenses upon property of public
schools.
(a)(1) The court shall prepare and transmit to the
Department of Finance and Administration an order
of denial of driving privileges for a person within
twenty-four (24) hours after the plea or finding, if a
person who is less than nineteen (19) years of age at
the time of the commission of the offense:
(A) Pleads guilty or nolo contendere to any
criminal offense under § 5-73-101 et seq. or the
Uniform Machine Gun Act, § 5-73-201 et seq., and
the plea is accepted by the court, or is found guilty
of any criminal offense under § 5-73-101 et seq. or
the Uniform Machine Gun Act, § 5-73-201 et seq.,
if the state proves that the offense was committed
upon the property of a public school or in or upon
any school bus; or
(B) Is found by a juvenile division of circuit
court to have committed an offense described in
subdivision (a)(1)(A) of this section.
(2) In a case of extreme and unusual hardship,
the order may provide for the issuance of a restricted
driving permit to allow driving to and from a place of
employment or driving to and from school.
(b) Upon receipt of an order of denial of driving
privileges under this section, the department shall
suspend the motor vehicle operator’s license of the
265-71-214 CRIMINAL OFFENSES
person for not less than twelve (12) months nor more
than thirty-six (36) months.
(c) A penalty prescribed in this section is in addi-
tion to any other penalty prescribed by law for an
offense covered by this section.
History. Acts 1993, No. 264 §§ 1-3; 1993, No. 781, §§ 1-3.
5-73-130. Seizure and forfeiture of firearm —
Seizure and forfeiture of motor vehicle —
Disposition of property seized.
(a) If a person under eighteen (18) years of age is
unlawfully in possession of a firearm, the firearm
shall be seized and, after an adjudication of delin-
quency or a conviction, is subject to forfeiture.
(b) If a felon or a person under eighteen (18) years
of age is unlawfully in possession of a firearm in a
motor vehicle, the motor vehicle is subject to seizure
and, after an adjudication of delinquency or a con-
viction, subject to forfeiture.
(c) As used in this section, “unlawfully in posses-
sion of a firearm” does not include any act of posses-
sion of a firearm that is prohibited only by:
(1) Section 5-73-127, unlawful to possess loaded
center-fire weapons in certain areas; or
(2) A regulation of the Arkansas State Game and
Fish Commission.
(d) The procedures for forfeiture and disposition
of the seized property are as follows:
(1) The prosecuting attorney of the judicial dis-
trict within whose jurisdiction the property is seized
that is sought to be forfeited shall promptly proceed
against the property by filing in the circuit court a
petition for an order to show cause why the circuit
court should not order forfeiture of the property; and
(2) The petition shall be verified and shall set
forth:
(A) A statement that the action is brought pur-
suant to this section;
(B) The law enforcement agency bringing the
action;
(C) A description of the property sought to be
forfeited;
(D) A statement that on or about a date certain
there was an adjudication of delinquency or a
conviction and a finding that the property seized is
subject to forfeiture;
(E) A statement detailing the facts in support of
subdivision (d)(1) of this section; and
(F) A list of all persons known to the law
enforcement agency, after diligent search and in-
quiry, who may claim an ownership interest in the
property by title or registration or by virtue of a
lien allegedly perfected in the manner prescribed
by law.
(e)(1) Upon receipt of a petition complying with
the requirements of subdivision (d)(1) of this section,
the circuit court judge having jurisdiction shall issue
an order to show cause setting forth a statement
that this subchapter is the controlling law.
(2) In addition, the order shall set a date at least
forty-one (41) days from the date of first publication
of the order pursuant to subsection (f) of this section
for all persons claiming an interest in the property
to file such pleadings as they desire as to why the
circuit court should not order the forfeiture of the
property for use, sale, or other disposition by the law
enforcement agency seeking forfeiture of the prop-
erty.
(3) The circuit court shall further order that any
person who does not appear on that date is deemed
to have defaulted and waived any claim to the
subject property.
(f)(1) The prosecuting attorney shall give notice of
the forfeiture proceedings by:
(A) Causing a copy of the order to show cause to
be published two (2) times each week for two (2)
consecutive weeks in a newspaper having general
circulation in the county where the property is
located with the last publication being not less
than five (5) days before the show cause hearing;
and
(B) Sending a copy of the petition and order to
show cause by certified mail, return receipt re-
quested, to each person having ownership of or a
security interest in the property or in the manner
provided in Rule 4 of the Arkansas Rules of Civil
Procedure if:
(i) The property is of a type for which title or
registration is required by law;
(ii) The owner of the property is known in fact
to the law enforcement agency at the time of
seizure; or
(iii) The property is subject to a security inter-
est perfected in accordance with the Uniform
Commercial Code, § 4-1-101 et seq.
(2) The law enforcement agency is only obligated
to make diligent search and inquiry as to the owner
of the property, and if, after diligent search and
inquiry, the law enforcement agency is unable to
ascertain the owner, the requirement of actual no-
tice by mail with respect to a person having a
perfected security interest in the property is not
applicable.
(g) At the hearing on the matter, the petitioner
has the burden to establish that the property is
subject to forfeiture by a preponderance of the evi-
dence.
(h) In determining whether or not a motor vehicle
should be ordered forfeited, the circuit court may
take into consideration the following factors:
(1) Any prior criminal conviction or delinquency
adjudication of the felon or juvenile;
(2) Whether or not the firearm was used in con-
nection with any other criminal act;
(3) Whether or not the motor vehicle was used in
connection with any other criminal act;
(4) Whether or not the juvenile or felon was the
lawful owner of the motor vehicle in question;
(5) If the juvenile or felon is not the lawful owner
of the motor vehicle in question, whether or not the
27 5-73-130WEAPONS
lawful owner knew of the unlawful act being com-
mitted that gives rise to the forfeiture penalty; and
(6) Any other factor the circuit court deems rel-
evant.
(i) The final order of forfeiture by the circuit court
shall perfect in the law enforcement agency right,
title, and interest in and to the property and shall
relate back to the date of the seizure.
(j) Physical seizure of property is not necessary in
order to allege in a petition under this section that
the property is forfeitable.
(k) Upon filing the petition, the prosecuting attor-
ney for the judicial district may also seek such
protective orders as are necessary to prevent the
transfer, encumbrance, or other disposal of any
property named in the petition.
(l) The law enforcement agency to which the
property is forfeited shall:
(1) Destroy any forfeited firearm; and
(2) Either:
(A) Sell the motor vehicle in accordance with
subsection (m) of this section; or
(B) If the motor vehicle is not subject to a lien
that has been preserved by the circuit court,
retain the motor vehicle for official use.
(m)(1) If a law enforcement agency desires to sell
a forfeited motor vehicle, the law enforcement
agency shall first cause notice of the sale to be made
by publication at least two (2) times a week for two
(2) consecutive weeks in a newspaper having gen-
eral circulation in the county and by sending a copy
of the notice of the sale by certified mail, return
receipt requested, to each person having ownership
of or a security interest in the property or in the
manner provided in Rule 4 of the Arkansas Rules of
Civil Procedure if:
(A) The property is of a type for which title or
registration is required by law;
(B) The owner of the property is known in fact
to the law enforcement agency at the time of
seizure; or
(C) The property is subject to a security inter-
est perfected in accordance with the Uniform
Commercial Code, § 4-1-101 et seq.
(2) The notice of the sale shall include the time,
place, and conditions of the sale and a description of
the property to be sold.
(3) The property shall then be disposed of at
public auction to the highest bidder for cash without
appraisal.
(n) The proceeds of any sale and any moneys
forfeited shall be applied to the payment of:
(1) The balance due on any lien preserved by the
circuit court in the forfeiture proceedings;
(2) The cost incurred by the seizing law enforce-
ment agency in connection with the storage, main-
tenance, security, and forfeiture of the property;
(3) The costs incurred by the prosecuting attorney
or attorney for the law enforcement agency, ap-
proved by the prosecuting attorney, to which the
property is forfeited; and
(4) Costs incurred by the circuit court.
(o) The remaining proceeds or moneys shall be
deposited into a special county fund to be titled the
“Juvenile Crime Prevention Fund”, and the moneys
in the fund shall be used solely for making grants to
community-based nonprofit organizations that work
with juvenile crime prevention and rehabilitation.
History. Acts 1994 (2nd Ex. Sess.), No. 55, § 1; 1994 (2nd Ex.
Sess.), No. 56, § 1; 2005, No. 1994, § 260; 2007, No. 827, § 96.
CHAPTER 77
OFFICIAL INSIGNIA
SUBCHAPTER 2 — EMERGENCY LIGHTS AND
LAW ENFORCEMENT INSIGNIA SALES
SECTION
.
5-77-201
. Unlawful possession, purchase, sale, or transfer of a
blue light or blue lens cap.
5-77-202
. Law enforcement insignia sales.
5-77-203
. Regulations.
5-77-204
. Emergency lights and sirens — Prohibited persons.
5-77-205
. Resale of law enforcement vehicles.
5-77-201. Unlawful possession, purchase, sale,
or transfer of a blue light or blue lens cap.
(a) It is unlawful for a person to:
(1) Knowingly possess or purchase a blue light or
blue lens cap with a purpose to unlawfully use the
blue light or blue lens cap; or
(2) Transfer a blue light or blue lens cap to
another person whom the actor knows or should
know has a purpose to unlawfully use the blue light
or blue lens cap.
(b) Before selling a blue light or blue lens cap, the
seller shall require the buyer to provide identifica-
tion that legally demonstrates that the buyer is a
law enforcement officer, auxiliary law enforcement
officer, or a county coroner.
(c) Any sale of a blue light or blue lens cap shall
be reported to the Department of Arkansas State
Police on a form prescribed by the department.
(d) Upon conviction, a person who violates this
section is guilty of a Class C felony.
(e) As used in this section:
(1) “Auxiliary law enforcement officer” means the
same as defined in § 12-9-301;
(2) “Blue lens cap” means a lens cap designed to
produce a blue color of light when light from a device
designed for an emergency vehicle passes through
the lens cap;
(3) “Blue light” means any operable device that:
(A) Emits a blue color of light;
(B) Is designed for use by an emergency vehicle
or is similar in appearance to a device designed for
use by an emergency vehicle; and
(C) Can be operated by use of the vehicle’s
battery, the vehicle’s electrical system, or a dry
cell battery; and
285-77-201 CRIMINAL OFFENSES
(4) “Illegitimately” includes violating a state or
federal law.
(f) This section does not apply to the following
persons if acting with a lawful purpose:
(1) An in-state or out-of-state law enforcement
officer or auxiliary law enforcement officer;
(2) A county coroner;
(3) A person employed by an in-state or out-of-
state or federal agency who is operating a vehicle
equipped with a blue light or blue lens cap during
the course and scope of his or her employment; or
(4) A legitimate seller or vendor of blue lights or
blue lens caps.
History. Acts 1997, No. 1281, § 1; 2007, No. 827, § 110; 2017,
No. 439, § 1.
5-77-202. Law enforcement insignia sales.
(a)(1) It is unlawful to sell official law enforce-
ment insignia to any person other than a law en-
forcement officer.
(2) It is unlawful for a person other than a law
enforcement officer to buy official law enforcement
insignia.
(b) Before selling official law enforcement insig-
nia, the seller shall require the buyer to provide
identification that legally demonstrates that the
buyer is currently employed as a law enforcement
officer or is currently an appointed auxiliary law
enforcement officer.
(c) A violation of this section is a Class D felony.
(d) As used in this section:
(1) “Auxiliary law enforcement officer” means the
same as defined in § 12-9-301; and
(2) “Official law enforcement insignia” means
those items relating to the performance of a person’s
duty as a law enforcement officer when the items are
formally sanctioned by the law enforcement agency
employing the person.
History. Acts 1997, No. 1281, § 2; 2017, No. 439, § 2.
5-77-203. Regulations.
The Department of the Arkansas State Police
shall promulgate regulations to implement this sub-
chapter, including regulations that define the type of
identification necessary to legally demonstrate that
a person is a law enforcement officer or a county
coroner.
History. Acts 1997, No. 1281, § 3.
5-77-204. Emergency lights and sirens — Pro-
hibited persons.
(a) It is unlawful for a person who has pleaded
guilty or nolo contendere to or has been found guilty
of a felony or domestic battering in the third degree,
§ 5-26-305, or a person required to register as a sex
offender under the Sex Offender Registration Act of
1997, § 12-12-901 et seq., to knowingly:
(1) Purchase or possess an emergency vehicle
light or siren with a purpose to install or use the
emergency vehicle light or siren on a motor vehicle
that reasonably appears to be or that mimics a law
enforcement vehicle;
(2) Install or use an emergency vehicle light or
siren on a motor vehicle that reasonably appears to
be or that mimics a law enforcement vehicle; or
(3) Operate a motor vehicle that reasonably ap-
pears to be or that mimics a law enforcement vehicle
and the motor vehicle has an emergency vehicle
light or siren installed on the motor vehicle or in use
on the motor vehicle.
(b) It is a defense to prosecution under this sec-
tion that the person was a certified law enforcement
officer acting within the scope of his or her duty.
(c) As used in this section:
(1) “Emergency vehicle light” means a device that
emits a light of any color and that is:
(A) Designed for use by an emergency vehicle;
or
(B) Similar in appearance to a device designed
for use by an emergency vehicle;
(2) “Law enforcement vehicle” means any vehicle
owned or operated by a law enforcement agency; and
(3) “Siren” means an acoustic or electronic device
producing a loud or wailing sound as a signal or
warning.
(d) A violation of this section is a Class A misde-
meanor.
History. Acts 2009, No. 561, § 1.
5-77-205. Resale of law enforcement vehicles.
(a) Except as provided in subsection (b) of this
section, before a law enforcement vehicle is offered
for sale to the public, the seller of the law enforce-
ment vehicle shall remove from the law enforcement
vehicle the:
(1) Lightbar, including any blue lights or blue
lens cap;
(2) Spotlight;
(3) Siren;
(4) Law enforcement decals and signage;
(5) Radios; and
(6) Other items associated solely with law en-
forcement vehicles.
(b) The items required to be removed under sub-
divisions (a)(1)-(6) of this section are not required to
be removed if the law enforcement vehicle is sold to
a law enforcement agency.
(c) A violation of subsection (a) of this section is a
violation and punishable by a fine of not more than
one thousand dollars ($1,000).
History. Acts 2009, No. 792, § 1; 2017, No. 439, § 3.
S
UBCHAPTER 3 — BLUE LIGHT SALES
SECTION
.
5-77-301
. [Repealed.]
29 5-77-205OFFICIAL INSIGNIA
5-77-301. [Repealed.]
Publisher’s Notes. This subchapter, concerning blue light sales,
was repealed by Acts 2007, No. 827, § 111. The subchapter was
derived from the following source:
5-77-301. Acts 1997, No. 497, § 2.
For current law, see § 5-77-201.
TITLE 6
EDUCATION
SUBTITLE 2. ELEMENTARY AND
SECONDARY EDUCATION
GENERALLY
CHAPTER 18
STUDENTS
SUBCHAPTER 2 — ATTENDANCE
SECTION
.
6-18-222
. Penalty for unexcused absences — Revocation of driving
privilege.
6-18-222. Penalty for unexcused absences —
Revocation of driving privilege.
(a)(1)(A)(i) The board of directors of each school
district in this state shall adopt a student atten-
dance policy, as provided for in § 6-18-209, which
shall include a certain number of unexcused ab-
sences that may be used as a basis for denial of
course credit, promotion, or graduation.
(ii) However, unexcused absences shall not be a
basis for expulsion or dismissal of a student.
(B) The legislative intent is that a student
having unexcused absences because of illness,
accident, or other unavoidable reasons should be
given assistance in obtaining credit for the
courses.
(2)(A) The State Board of Career Education shall
adopt a student attendance policy for sixteen-
year-olds and seventeen-year-olds enrolled in an
adult education program.
(B) The policy shall require a minimum atten-
dance of ten (10) hours per week to remain in the
program.
(3) A copy of the school district’s student atten-
dance policy or the State Board of Career Educa-
tion’s student attendance policy for sixteen-year-
olds and seventeen-year-olds enrolled in adult
education shall be provided to the parent, guardian,
or person in loco parentis of each student enrolled in
an adult education program at the beginning of the
school year or upon enrollment, whichever event
first occurs.
(4)(A)(i) A student’s parent, guardian, or person
in loco parentis and the community truancy board,
if the community truancy board has been created,
shall be notified when the student has accumu-
lated unexcused absences equal to one-half (½) the
total number of absences permitted per semester
under the school district’s or the State Board of
Career Education’s student attendance policy.
(ii) Notice shall be by telephonic contact with
the student’s parent, guardian, or person in loco
parentis by the end of the school day in which the
absence occurred or by regular mail with a return
address on the envelope sent no later than the
following school day.
(iii) Notice to the community truancy board, if
the community truancy board has been created,
shall be by letter to the chair of the community
truancy board.
(B) If a community truancy board has been
created, the community truancy board shall
schedule a conference with the parent, guardian,
or person in loco parentis to establish a plan to
take steps to eliminate or reduce the student’s
absences.
(C)(i) If the community truancy board has
scheduled a conference and the student’s parent,
guardian, or person in loco parentis does not
attend the conference, the conference may be
conducted with the student and a school official.
(ii) However, the parent, guardian, or person in
loco parentis shall be notified of the steps to be
taken to eliminate or reduce the student’s ab-
sences.
(D)(i) Before a student accumulates the maxi-
mum number of unexcused absences allowed in a
school district’s student attendance policy, the
student or the student’s parent, guardian, or per-
son in loco parentis may petition the school ad-
ministration or school district administration for
special arrangements to address the student’s
unexcused absences.
(ii) If special arrangements are granted by the
school administration or the school district admin-
istration, the arrangements will be formalized
into a written agreement to include the conditions
of the agreement and the consequences for failing
to fulfill the requirements of the agreement.
(iii) The agreement shall be signed by the:
(a) Designee of the school administration or of
the school district administration;
(b) Student’s parent, guardian, or person in
loco parentis; and
(c) Student.
(5)(A) When a student exceeds the number of
unexcused absences provided for in the district’s
or the State Board of Career Education’s student
attendance policy, or when a student has violated
the conditions of an agreement granting special
arrangements under subdivision (a)(4)(D) of this
section, the school district or the adult education
program shall notify the prosecuting authority
305-77-301 EDUCATION
and the community truancy board, if a community
truancy board has been created, and the student’s
parent, guardian, or person in loco parentis shall
be subject to a civil penalty through a family in
need of services action in circuit court, as autho-
rized under subdivision (a)(6)(A) of this section,
but not to exceed five hundred dollars ($500) plus
costs of court and any reasonable fees assessed by
the court.
(B) The penalty shall be forwarded by the court
to the school or the adult education program
attended by the student.
(6)(A)(i) Upon notification by the school district or
the adult education program to the prosecuting
authority, the prosecuting authority shall file in
circuit court a family in need of services petition
pursuant to § 9-27-310 or enter into a diversion
agreement with the student pursuant to § 9-27-
323.
(ii) For any action filed in circuit court to im-
pose the civil penalty set forth in subdivision (a)(5)
of this section, the prosecuting authority shall be
exempt from all filing fees and shall take what-
ever action is necessary to collect the penalty
provided for in subdivision (a)(5) of this section.
(B) Municipal attorneys may practice in circuit
court for the limited purpose of filing petitions or
entering into diversion agreements as authorized
by this subdivision (a)(6)(B) if agreed upon by all
of the parties pursuant to subdivision (a)(6)(A) of
this section.
(7)(A) The purpose of the penalty set forth in this
subsection is to impress upon the parents, guard-
ians, or persons in loco parentis the importance of
school or adult education attendance, and the
penalty is not to be used primarily as a source of
revenue.
(B)(i) When assessing penalties, the court shall
be aware of any available programs designed to
improve the parent-child relationship or parent-
ing skills.
(ii) When practicable and appropriate, the
court may utilize mandatory attendance at the
programs as well as community service require-
ments in lieu of monetary penalties.
(8) As used in this section, “prosecuting author-
ity” means:
(A) The elected district prosecuting attorney or
his or her appointed deputy for schools located in
unincorporated areas of the county or within cities
not having a police or district court; and
(B) The prosecuting attorney of the city for
schools located within the city limits of cities
having either a police court or a district court in
which a city prosecutor represents the city for
violations of city ordinances or traffic violations.
(9) In any instance in which it is found that the
school district, the adult education program, or the
prosecuting authority is not complying with the
provisions of this section, the State Board of Educa-
tion may petition the circuit court to issue a writ of
mandamus.
(b)(1)(A) Each public, private, or parochial school
shall notify the Department of Finance and Ad-
ministration whenever a student fourteen (14)
years of age or older is no longer in school.
(B) Each adult education program shall notify
the department whenever a student sixteen (16)
or seventeen (17) years of age has left the adult
education program without receiving a high
school equivalency certificate.
(2)(A) Upon receipt of notification, the depart-
ment shall notify the licensee by certified mail,
return receipt requested, that his or her motor
vehicle operator’s license will be suspended unless
a hearing is requested in writing within thirty (30)
days from the date of notice.
(B) The licensee shall be entitled to retain or
regain his or her license by providing the depart-
ment with adequate evidence that:
(i) The licensee is eighteen (18) years of age;
(ii) The licensee is attending school or an adult
education program; or
(iii) The licensee has obtained a high school
diploma or its equivalent.
(C)(i) In cases in which demonstrable financial
hardship would result from the suspension of the
learner’s permit or driver’s license, the depart-
ment may grant exceptions only to the extent
necessary to ameliorate the hardship.
(ii) If it can be demonstrated that the condi-
tions 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 pro-
mulgate rules and regulations to carry out the intent
of this section and shall distribute to each public,
private, and parochial school and each adult educa-
tion program a copy of all rules and regulations
adopted under this section.
History. Acts 1989, No. 473, §§ 1, 2; 1989 (3rd Ex. Sess.), No. 70,
§§ 1-5; 1991, No. 876, § 1; 1992 (1st Ex. Sess.), No. 42, § 1; 1994
(2nd Ex. Sess.), No. 30, § 2; 1994 (2nd Ex. Sess.), No. 31, § 2; 1995,
No. 572, § 1; 1995, No. 837, § 3; 1995, No. 1296, § 23; 1997, No.
1308, § 1; 1999, No. 1323, § 20; 1999, No. 1579, § 2[3]; 2003, No.
1166, § 38; 2011, No. 1223, § 4; 2013, No. 1322, §§ 4, 7–10.
CHAPTER 19
TRANSPORTATION
SECTION
.
6-19-107
. Bus drivers — Application for employment — Driving
records.
6-19-108
. Bus drivers — Certification.
6-19-109
. Bus drivers — Seat belts.
6-19-113
. Registration exemption for buses.
6-19-118
. [Repealed.]
6-19-119
. School bus passengers required to be seated.
6-19-120
. Operation of a school bus while using a cellular tele-
phone.
31 6-18-222TRANSPORTATION
6-19-107. Bus drivers — Application for em-
ployment — Driving records.
(a)(1) An applicant for employment as a school
bus driver shall submit an application prescribed by
the Division of Public School Academic Facilities
and Transportation to the school district in which he
or she seeks employment.
(2) The application shall include a statement
signed by the applicant that authorizes the release
of his or her traffic violation report from the Office of
Driver Services to provide the school district with
the applicant’s driving record.
(b) The office shall report the applicant’s driving
record without charge to the school district request-
ing the record.
(c)(1) The applicant’s driving record shall be
evaluated according to guidelines established by the
division prior to permanent employment.
(2) The school district may hire an applicant as a
bus driver on a temporary basis until official verifi-
cation of the driving record is received and evalu-
ated.
(3) The school district shall review and maintain
a file of semiannual reports on the driving records of
school bus drivers.
History. Acts 1985, No. 757, § 2; A.S.A. 1947, § 80-1826; Acts
2005, No. 1327, § 3.
6-19-108. Bus drivers — Certification.
(a)(1) An applicant seeking employment as a
driver or an operator of a school bus, either privately
or publicly owned, is required to take and pass a
series of tests as prescribed by the Department of
Arkansas State Police under § 27-23-108 and the
Division of Public School Academic Facilities and
Transportation to determine the physical fitness and
driving ability to serve as a school bus driver.
(2) The tests shall include:
(A) A physical examination given by a licensed
physician or advanced practice nurse for school
bus drivers, as required by the division;
(B) Other requirements as may be prescribed
by rules issued jointly by the department and the
division for qualifications and fitness of school bus
drivers; and
(C) A successfully completed standard bus
driver training and preservice behind-the-wheel
training program as prescribed by the division.
(b) Upon successful completion and documenta-
tion of training listed in subdivision (a)(2)(C) of this
section, a certificate, valid for one (1) year, shall be
issued by the division.
(c)(1) A school bus driver shall not be employed as
an operator of a school bus to transport children to
and from school or school-sponsored activities unless
he or she has satisfactorily completed the in-service
training required in subsection (d) of this section
and possesses a current valid certificate therefor.
(2) The certificate shall be required in addition to
a commercial driver’s license and any additional
qualifications required by the school district board of
directors.
(d) A school bus driver who seeks a renewal of his
or her bus driver certificate shall provide proof that
he or she has satisfactorily:
(1) Passed a physical examination given by a
licensed physician or advanced practice nurse
within the previous two (2) years; and
(2) Completed in-service training for school bus
drivers as prescribed by the division.
(e) A school district board of directors may pro-
vide a substitute driver to operate a school bus on a
temporary basis without a certificate until the next
regularly scheduled school bus driver’s examination
is held in the locality if:
(1) A qualified school bus driver is not available to
operate a school bus due to death, resignation,
disability, illness, or other cause; and
(2) The school district board of directors is not
able to obtain a qualified bus driver with a certifi-
cate.
(f) Extracurricular trips shall be made by certi-
fied drivers only.
(g) A person who violates the provisions of this
section is guilty of a Class A misdemeanor.
History. Acts 1963, No. 191, §§ 1-4, 6; 1965, No. 449, § 1; 1985,
No. 757, §§ 3, 4;A.S.A. 1947, §§ 80-1821 — 80-1825; Acts 2005, No.
1327, §§ 4, 5; 2005, No. 1994, § 196; 2009, No. 1473, § 6.
6-19-109. Bus drivers — Seat belts.
The driver or operator of a school bus shall wear a
seat belt at all times while operating the school bus
whenever the bus is so equipped.
History. Acts 1985, No. 757, § 5; A.S.A. 1947, § 80-1827.
6-19-113. Registration exemption for buses.
No school bus owned by a school district in this
state shall be required to be registered under the
motor vehicle registration laws of this state.
History. Acts 1963, No. 528, § 1; A.S.A. 1947, § 80-1817.
6-19-118. [Repealed.]
Publisher’s Notes. This section, concerning student passenger
excess liability insurance, was repealed by Acts 2001, No. 1220, § 4.
The section was derived from Acts 1999, No. 1123, § 1. For present
law, see § 6-21-701 et seq.
6-19-119. School bus passengers required to
be seated.
(a) As used in this section, “school bus” means:
(1) A motor vehicle designed to carry ten (10) or
more passengers that is:
(A) Owned by a public or a governmental
agency or a private school and operated for the
326-19-107 EDUCATION
transportation of students to or from school or
school-sponsored activities; or
(B) Privately owned and operated for compen-
sation for the transportation of students to or from
school or school-sponsored activities; and
(2) A motor vehicle designed to carry more than
twenty-five (25) passengers is exempt from this
section if the motor vehicle is:
(A) Owned by a public or a governmental
agency or a private school and operated for the
transportation of students to or from school-spon-
sored activities but not used to transport students
on any scheduled school bus route; or
(B) Privately owned and operated for compen-
sation under contract to a school district and used
for the transportation of students to or from
school-sponsored activities.
(b) A school bus driver shall not operate the
school bus until every passenger is seated.
(c)(1) The superintendent of each public school in
this state is responsible for ensuring that no school
bus is scheduled to transport more students than
can be reasonably seated in the school bus.
(2) Any superintendent who knowingly violates
subdivision (c)(1) of this section shall be guilty of a
violation and upon conviction shall be fined not less
than fifty dollars ($50.00) nor more than one hun-
dred dollars ($100).
History. Acts 2001, No. 1744, § 1; 2005, No. 1994, § 67; 2007,
No. 999, § 3; 2013, No. 420, § 5.
6-19-120. Operation of a school bus while us-
ing a cellular telephone.
(a) As used in this section:
(1) “Cellular telephone” means a wireless two-
way communication device that requires the opera-
tor to dial numbers manually and that:
(A) Includes radio-telephone communications
used in cellular telephone service, personal com-
munication service, or the functional equivalent of
a radio-telephone communications line used in
cellular telephone service or a personal communi-
cation service; and
(B) Does not include a citizens band radio or a
citizens band radio hybrid; and
(2) “School bus” means every motor vehicle owned
by a public school district or operated under contract
for a public school district and used for the trans-
portation of children to or from school or school-
sponsored activities.
(b) Except as provided in subsection (c) of this
section, a person shall not operate a school bus while
using a cellular telephone.
(c) This section does not apply to the use of a
cellular telephone:
(1) For the purpose of communicating with any of
the following regarding an emergency situation:
(A) An emergency system response operator or
911 public safety communications dispatcher;
(B) A hospital or emergency room;
(C) A physician’s office or health clinic;
(D) An ambulance or fire department rescue
service;
(E) A fire department, fire protection district, or
volunteer fire department; or
(F) A police department;
(2) To call for assistance if there is a mechanical
breakdown or other mechanical problem impairing
the operation of the bus; or
(3) When the school bus is parked.
(d) A person who violates this section is guilty of a
violation and may be fined not less than one hun-
dred dollars ($100) nor more than two hundred fifty
dollars ($250).
History. Acts 2003, No. 219, § 1.
CHAPTER 21
SCHOOL PROPERTY AND
SUPPLIES
SUBCHAPTER 7 — SCHOOL MOTOR VEHICLE
INSURANCE ACT
SECTION
.
6-21-701
. Title.
6-21-702
. Purpose.
6-21-703
. Public School Motor Vehicle Insurance Program — Par-
ticipation.
6-21-704
. Administration — Reports.
6-21-705
. Powers and duties of Insurance Commissioner.
6-21-706
. Information furnished by participants.
6-21-707
. Inspection and safety program.
6-21-708
. Policy limits.
6-21-709
. Payment of claims — Subrogation — Premium rate —
Excess insurance.
6-21-710
. Public School Insurance Trust Fund — Investments.
6-21-711
. [Repealed.]
6-21-701. Title.
This subchapter shall be known and may be cited
as the “School Motor Vehicle Insurance Act”.
History. Acts 1991, No. 824, § 1; 2003 (2nd Ex. Sess.), No. 78,
§ 15.
6-21-702. Purpose.
(a) This subchapter is to establish and maintain a
system of motor vehicle insurance for all public
elementary and secondary schools, education service
cooperatives, and open-enrollment public charter
schools of Arkansas electing to participate in the
program from and after July 1, 1991, with the Risk
Management Division of the State Insurance De-
partment authorized, directed, and empowered to
administer the program.
(b) The State Insurance Department shall adopt
such rules and regulations as may be necessary to
provide for the insuring of motor vehicles owned by
33 6-21-702SCHOOL PROPERTY AND SUPPLIES
participating public school districts within the State
of Arkansas.
History. Acts 1991, No. 824, § 2; 2003 (2nd Ex. Sess.), No. 78,
§ 16.
6-21-703. Public School Motor Vehicle Insur-
ance Program — Participation.
(a) There is hereby established a Public School
Motor Vehicle Insurance Program for all school
motor vehicles of participating public school dis-
tricts, education service cooperatives, and open-
enrollment public charter schools in the State of
Arkansas.
(b) Participation in the program provided for in
this section shall be optional with each school dis-
trict, education service cooperative, or open-enroll-
ment public charter school.
History. Acts 1991, No. 824, §§ 3, 17; 2003 (2nd Ex. Sess.), No.
78, § 17; 2007, No. 617, § 27.
6-21-704. Administration — Reports.
(a) The State Insurance Department shall admin-
ister the Public School Motor Vehicle Insurance
Program.
(b) The department is authorized to delegate to
the Director of the Risk Management Division and
staff such responsibilities as are deemed necessary
in connection with the administration of this sub-
chapter.
(c) The department shall report annually to the
Governor and the General Assembly on the status of
the program, including a detailed statement of in-
vestments and earnings.
History. Acts 1991, No. 824, §§ 4, 11; 2003 (2nd Ex. Sess.), No.
78, § 18.
6-21-705. Powers and duties of Insurance
Commissioner.
It shall be the power and duty of the Insurance
Commissioner to:
(1)(A) Establish in the State Insurance Depart-
ment a program of insurance to cover motor ve-
hicles owned by public school districts, education
service cooperatives, and open-enrollment public
charter schools.
(B) The program shall be in accordance with
recognized and established insurance practices;
(2) Establish and, from time to time, modify the
premium rates to be charged for various risks;
(3) Specify the form for insurance policies and
other forms required for the purposes of this sub-
chapter;
(4) Employ or contract for necessary officials, ad-
justers, appraisers, attorneys, and other personnel
required in the administration of this subchapter;
(5) Engage in a loss control program to assist the
public schools in improving and minimizing poten-
tial loss of life and property; and
(6) Perform all additional powers and duties nec-
essary to maintain sound insurance underwriting
practices recognized by good risk management.
History. Acts 1991, No. 824, § 5; 2003 (2nd Ex. Sess.), No. 78,
§ 19; 2007, No. 617, § 28.
6-21-706. Information furnished by partici-
pants.
(a) The Insurance Commissioner shall require
each entity participating in the Public School Motor
Vehicle Insurance Program to furnish to the Risk
Management Division a complete list of each and
every motor vehicle with full information in regard
to the year, make, model, value, condition, and any
other pertinent information.
(b) The commissioner shall have authority to re-
quire each participating entity to furnish a complete
report of its motor vehicle insurance program, in-
cluding the expiration dates of its contracts and loss
histories.
History. Acts 1991, No. 824, § 6; 2003 (2nd Ex. Sess.), No. 78,
§ 20.
6-21-707. Inspection and safety program.
(a) The State Insurance Department is autho-
rized to maintain an inspection and safety program
designed to reduce the hazard of accidents involving
motor vehicles insured under the Public School
Motor Vehicle Insurance Program.
(b) The department may refuse to insure motor
vehicles when it believes the vehicles to be a hazard
to life or property. If the vehicle is deemed no longer
insurable, thirty (30) days’ notice must be given in
advance of cancellation or nonrenewal.
History. Acts 1991, No. 824, § 8; 2003 (2nd Ex. Sess.), No. 78,
§ 21.
6-21-708. Policy limits.
(a) Liability policies shall meet the minimum
legal requirements of the Motor Vehicle Safety Re-
sponsibility Act, § 27-19-101 et seq., with reference
to coverage on motor vehicles.
(b) The State Insurance Department is autho-
rized to include in the Public School Motor Vehicle
Insurance Program and make available physical
damage and medical payments coverage to the par-
ticipating entities. Medical payments coverage shall
be limited to five thousand dollars ($5,000) per
occupant of a school vehicle and shall be in addition
to any other automobile medical payments coverage
available to any occupant.
346-21-703 EDUCATION
History. Acts 1991, No. 824, § 14; 2003 (2nd Ex. Sess.), No. 78,
§ 22.
6-21-709. Payment of claims — Subrogation —
Premium rate — Excess insurance.
(a)(1) The Public School Insurance Trust Fund
shall pay all losses and claims the insured is legally
obligated to pay as specified in the contract.
(2) It shall be the duty of the State Insurance
Department to coordinate, facilitate, and expedite
details in connection with responsibilities outlined
in the insurance contract.
(3) The department is hereby granted authority
to contract for services with appraisers, adjusters,
attorneys, or other professionals needed in order to
expedite and facilitate the proper operation of the
Public School Motor Vehicle Insurance Program.
(b) The program may require an assignment of
rights of recovery to the extent that payment is
made under any coverage provided by the program.
(c) If other insurance coverage exists, the pro-
gram will pay its proportional share of the loss. The
program’s share shall be the proportion that the
program’s limits of liability bear to the total of all
applicable limits.
(d)(1) Participating entities shall make payment
of premium when demand is made as scheduled in
the contract.
(2) Any school district, education service coopera-
tive, or open-enrollment public charter school which
does not pay the premium when due shall be
charged a rate of interest at five percent (5%) per
annum on all payments due and unpaid on the
policy issued.
(3) The department may cancel insurance cover-
age for school districts, education service coopera-
tives, or open-enrollment public charter schools that
fail to pay the premium due within thirty (30) days.
(4) The department shall give thirty (30) days’
notice before any cancellation for nonpayment.
(e) The department’s rules and regulations shall
include such items as payment of premium and
other pertinent items with reference to the premium
rate, but its requirements shall not be more strin-
gent than practices of commercial companies writ-
ing similar insurance in Arkansas.
History. Acts 1991, No. 824, §§ 9, 10, 12, 15; 2003 (2nd Ex.
Sess.), No. 78, § 23; 2007, No. 617, § 29; 2007, No. 738, § 5.
6-21-710. Public School Insurance Trust Fund
— Investments.
(a) All funds received by the State Insurance
Department as premiums, adjustments, earnings,
and the like, as provided in this subchapter, shall be
deposited into the Public School Insurance Trust
Fund and used for the following purposes, listed in a
descending order of priority:
(1) To defray administrative costs;
(2) To pay claims; and
(3) To maintain the Public School Insurance Trust
Fund.
(b)(1) The department is authorized to invest
funds of the Public School Motor Vehicle Insurance
Program.
(2) Funds of the program may be invested and
reinvested as the Insurance Commissioner may de-
termine.
(3) Moneys invested and interest earned thereon
shall be administered as program funds.
(4) All moneys deposited to the Public School
Insurance Trust Fund shall not be subject to any
deduction, tax, levy, or any other type of assessment.
History. Acts 1991, No. 824, §§ 13, 16; 2003 (2nd Ex. Sess.), No.
78, § 24; 2007, No. 738, § 6.
6-21-711. [Repealed.]
Publisher’s Notes. This section, concerning the establishment
of a Public Elementary and Secondary School Insurance Program
and Public School Motor Vehicle Insurance Program Advisory
Committee, was repealed byActs 2016 (3rd Ex. Sess.), Nos. 2 and 3,
§ 3. The section was derived from Acts 1991, No. 824, § 7; 1997,
No. 250, § 18; 1999, No. 391, § 21; 2003 (2nd Ex. Sess.), No. 78,
§ 25; 2005, No. 171, § 1; 2007, No. 738, § 7.
SUBTITLE 4. VOCATIONAL AND
TECHNICAL EDUCATION
CHAPTER 51
VOCATIONAL AND TECHNICAL
SCHOOLS
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
6-51-101
. Vehicle registration — Tax and fee exemptions.
6-51-101. Vehicle registration — Tax and fee
exemptions.
(a) All motor vehicles owned and operated by
publicly financed vocational-technical schools, tech-
nical colleges, and community colleges in the state
and used exclusively for training purposes shall be
exempt from:
(1) State, county, and municipal taxes; and
(2) All vehicle registration fees.
(b)(1) Each publicly supported vocational-techni-
cal school, technical college, and community college
in the state now owning or hereafter acquiring one
(1) or more motor vehicles used exclusively for
training purposes shall register vehicles in the same
manner as is provided by law for other motor ve-
hicles, but no charge shall be made for the registra-
tion of the vehicles.
(2) All vocational-technical school, technical col-
lege, and community college buses registered under
the provisions of this section shall be properly iden-
35 6-51-101VOCATIONAL AND TECHNICAL SCHOOLS
tified as vocational-technical school, technical col-
lege, and community college vehicles.
History. Acts 1973, No. 476, §§ 1, 2; A.S.A. 1947, §§ 80-2586,
80-2586.1; Acts 1995, No. 1297, § 1.
TITLE 8
ENVIRONMENTAL LAW
CHAPTER 6
DISPOSAL OF SOLID WASTES
AND OTHER REFUSE
SUBCHAPTER 4 — LITTER CONTROL ACT
SECTION
.
8-6-401
. Title.
8-6-402
. Purpose.
8-6-403
. Definitions.
8-6-404
. Disposition of fines collected.
8-6-405
. Injunction.
8-6-406
. Littering and commercial littering.
8-6-407
. Refuse hauling by uncovered vehicles.
8-6-408
. Discarding certain items prohibited.
8-6-409
. Prima facie evidence against drivers.
8-6-410
. Notice to the public required.
8-6-411
. Litter receptacles.
8-6-412
. Enforcement generally.
8-6-413
. Authority to take possession of discarded items — Notice.
8-6-414
. Notification to motor vehicle owner and lienholders —
Reclamation.
8-6-415
. Sale of junk vehicles and discarded items.
8-6-416
. Disposition of sale proceeds.
8-6-417
. [Repealed.]
8-6-418
. Possession or use of glass containers on navigable water-
ways.
8-6-401. Title.
This subchapter shall be cited and known as the
“Litter Control Act”.
History. Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.
8-6-402. Purpose.
The purpose of this subchapter is to accomplish
the control of litter, inoperative household appli-
ances, and junk motor vehicles throughout the state
by regulating their disposal. The intent of this
subchapter is to add to existing litter control, re-
moval, and enforcement efforts and not to terminate
or supplant such efforts, as well as the compatible
goal of improving the quality of life for all the
citizens of Arkansas.
History. Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.
8-6-403. Definitions.
As used in this subchapter, unless the context
otherwise requires:
(1) “Abandoned” means property to which no per-
son claims or exercises right of ownership;
(2) “Automobile repair shop” means any business
which engages in the repair or servicing of vehicles;
(3) “Commercial littering” includes, but is not
limited to, littering done by commercial businesses
and manufacturing companies of every kind and
description, including those businesses and persons
who illegally dispose of litter or solid waste for other
persons in return for money, fees, or other compen-
sation;
(4) “Demolisher” means any person whose busi-
ness, to any extent or degree, is to convert a motor
vehicle or household appliance into processed scrap
or scrap metal, into saleable parts, or otherwise to
wreck or dismantle vehicles or appliances;
(5) “Disposable package or container” means all
items or materials designed or intended to contain
another item or product, but not designed or in-
tended for permanent or continued use;
(6) “Enclosed building” means a structure sur-
rounded by walls or one (1) continuous wall and
having a roof enclosing the entire structure and
includes a permanent appendage to the structure;
(7) “Household appliance” includes, but is not
limited to, refrigerators, freezers, ranges, stoves,
automatic dishwashers, clothes washers, clothes
dryers, trash compacters, television sets, radios, hot
water heaters, air conditioning units, commodes and
other plumbing fixtures, and bed springs or other
furniture;
(8) “Inoperative household appliance” means a
discarded household appliance which by reason of
mechanical or physical defects can no longer be used
for its intended purpose and which is not serving a
functional purpose;
(9) “Junk motor vehicle” means any vehicle which
is inoperable, dismantled, or damaged and that is
unable to start and move under its own power.
Vehicles are excluded as long as they are registered
and bear a current license permit;
(10)(A) “Litter” means all waste material which
has been discarded or otherwise disposed of as
prohibited in this subchapter, including, but not
limited to, convenience food and beverage pack-
ages or containers, trash, garbage, all other prod-
uct packages or containers, and other postcon-
sumer solid wastes.
(B) Litter does not include wastes from the
primary processing of mining, logging, sawmill-
ing, or farming, the raising of poultry, manufac-
turing, or wastes deposited in proper receptacles;
(11) “Old vehicle tire” means a pneumatic tire in
which compressed air is designed to support a load,
but which because of wear, damage, or defect can no
368-6-401 ENVIRONMENTAL LAW
longer safely be used on a motor vehicle and which is
either not serving a functional purpose or use or is
not in an enclosed building, a salvage yard, or the
actual possession of a demolisher;
(12) “Public place” means any area that is used or
held out for use by the public, whether owned or
operated by public or private interests;
(13) “Salvage yard” means any business that, in
the course of its operation, maintains ten (10) or
more vehicles to be used, wholly or in parts, to
generate revenue for the operation of the business;
and
(14) “Vehicle” includes every device capable of
being moved upon a public highway and in, upon, or
by which any persons or property is or may be
transported or drawn upon a public highway, except-
ing devices moved by human or animal power or
used exclusively upon stationary rails or tracks.
History. Acts 1977, No. 883, § 2; A.S.A. 1947, § 82-3902.
8-6-404. Disposition of fines collected.
All fines collected under §§ 8-6-406 — 8-6-408
shall be deposited as follows:
(1) If a municipality or county where the offense
occurs is a certified affiliate of Keep Arkansas Beau-
tiful or Keep America Beautiful, Inc., and partici-
pates in litter-control programs conducted by these
organizations, then the moneys from fines collected
for offenses in that jurisdiction shall be deposited,
according to accounting procedures prescribed by
law, into the city general fund or the county general
fund to be used for the purpose of community
improvement as determined by the municipal or
county governing body; or
(2) If the municipality or county where the of-
fense occurs is not a certified affiliate of Keep Arkan-
sas Beautiful or Keep America Beautiful, Inc., or
does not participate in litter-control programs con-
ducted by these organizations, then the moneys
from fines collected for offenses in those jurisdictions
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, for deposit
in the Keep Arkansas Beautiful Fund Account to be
used by the Keep Arkansas Beautiful Commission,
as appropriated by the General Assembly, for the
purposes of encouraging litter prevention and anti-
litter education and increasing awareness of litter
law enforcement statewide.
History. Acts 1977, No. 883, §§ 7, 11; 1981, No. 841, §§ 1, 2;
A.S.A. 1947, §§ 82-3907, 82-3911; Acts 1993, No. 727, § 1; 1995,
No. 979, § 1; 2001, No. 145, § 1; 2003, No. 1765, § 3; 2005, No. 646,
§ 1; 2015, No. 1264, § 3.
8-6-405. Injunction.
In addition to all other remedies provided by this
subchapter, the Arkansas Department of Environ-
mental Quality, the Attorney General of this state,
the prosecuting attorney of a county where any
violation of any provision of this subchapter occurs,
or any citizen, resident, or taxpayer of the county
where a violation of any provision of this subchapter
occurs may apply to the circuit court or the judge in
vacation of the county where the alleged violation
occurred for an injunction to restrain, prevent, or
abate the maintenance and storage of litter, junk
motor vehicles, old vehicle tires, or inoperative or
discarded household appliances in violation of any
provision of this subchapter.
History. Acts 1977, No. 883, § 16; A.S.A. 1947, § 82-3916; Acts
1991, No. 516, § 1; 1999, No. 1164, § 64.
8-6-406. Littering and commercial littering.
(a) It is unlawful to drop, deposit, discard, or
otherwise dispose of litter upon any public or private
property in this state or upon or into any river, lake,
pond, or other stream or body of water within this
state, unless:
(1) The property has been designated by the Ar-
kansas Department of Environmental Quality as a
permitted disposal site;
(2) The litter is placed into a receptacle intended
by the owner or tenant in lawful possession of that
property for the deposit of litter, if it is deposited in
such a manner as to prevent the litter from being
carried away or deposited by the elements upon any
part of the private or public property or waters; or
(3)(A) The person is the owner or tenant in lawful
possession of the property and the litter remains
upon the property and the act does not create a
public health or safety hazard, a public nuisance,
or a fire hazard.
(B) However, a property owner shall not be held
responsible for the actions of his or her tenant.
(b)(1)(A) A person who violates this section upon
conviction is guilty of a violation and shall be fined
an amount not less than one hundred dollars
($100) and not more than one thousand dollars
($1,000) and is subject to community service un-
der subdivision (b)(2)(A) of this section.
(B) A person who violates this section for a
second or subsequent offense within three (3)
years of a prior offense upon conviction is guilty of
a violation and shall be fined an amount not less
than two hundred dollars ($200) and not more
than two thousand dollars ($2,000) and is subject
to community service under subdivision (b)(2)(A)
of this section.
(2)(A) In addition to any sentence provided for
under this subsection, the court upon conviction
shall impose the following penalty of community
service:
(i) For a first offense, not more than eight (8)
hours; or
(ii) For a second or subsequent offense, not
more than twenty-four (24) hours.
37 8-6-406DISPOSAL OF SOLID WASTES AND OTHER REFUSE
(B) A person may also be required by the court
as a part of his or her sentence to remove litter
from alongside highways and at other appropriate
locations for any prescribed period.
(3) A person convicted of a violation of this section
who fails to pay any fines assessed in accordance
with the findings and orders of the court shall have
his or her driver’s license suspended for six (6)
months by the Department of Finance and Admin-
istration upon receipt by the Department of Finance
and Administration of an order of denial of driving
privileges from the court under this section.
(c)(1) A person who violates this section and who
is found to have committed the violation in further-
ance of or as a part of a commercial enterprise,
whether or not that commercial enterprise is the
disposal of wastes, upon conviction is guilty of com-
mercial littering and is guilty of a Class A misde-
meanor.
(2) A person convicted of commercial littering
may be required to remove litter disposed of in
violation of this subchapter.
(d) All or any portion of the fines, community
service, and imprisonment penalties provided by
this section may be suspended by the court if the
violator agrees to remove litter from alongside high-
ways and at other appropriate locations for a pre-
scribed period.
History. Acts 1977, No. 883, § 4; A.S.A. 1947, § 82-3904; Acts
1999, No. 1164, § 65; 2015, No. 1264, § 4.
8-6-407. Refuse hauling by uncovered ve-
hicles.
(a) A person engaged in commercial or for-hire
hauling who operates a truck or other vehicle within
this state shall not transport litter, trash, or garbage
unless the truck or other vehicle is covered to
prevent its contents from blowing, dropping, falling
off, or otherwise departing from the truck or other
vehicle.
(b)(1) A person operating his or her own truck or
other vehicle to transport litter, trash, or garbage
shall take reasonable steps to prevent its contents
from blowing, dropping, falling off, or otherwise
departing from the truck or other vehicle.
(2) However, a vehicle hauling predominately me-
tallic material is not required to be covered if it is
loaded in a manner that will prevent the material
from falling or dropping from the vehicle.
(c)(1)(A) A person who violates this section upon
conviction is guilty of a violation and shall be fined
an amount not less than one hundred dollars
($100) and not more than one thousand dollars
($1,000) and is subject to community service un-
der subdivision (c)(2)(A) of this section.
(B) A person who violates this section for a
second or subsequent offense within three (3)
years of a prior offense upon conviction is guilty of
a violation and shall be fined an amount not less
than two hundred dollars ($200) and not more
than two thousand dollars ($2,000) and is subject
to community service under subdivision (c)(2)(A)
of this section.
(2)(A) In addition to any sentence provided for
under this subsection, the court upon conviction
shall impose the following penalty of community
service:
(i) For a first offense, not more than eight (8)
hours; or
(ii) For a second or subsequent offense, not
more than twenty-four (24) hours.
(B) A person may also be required by the court
as a part of his or her sentence to remove litter
from alongside highways and other appropriate
locations for any prescribed period.
(3) A person convicted of a violation of this section
who fails to pay any fines assessed in accordance
with the findings and orders of the court shall have
his or her driver’s license suspended for six (6)
months by the Department of Finance and Admin-
istration upon receipt by the department of an order
of denial of driving privileges from the court under
this section.
(d)(1) A person who violates this section and who
is found to have committed the violation in further-
ance of or as a part of a commercial enterprise,
whether or not that commercial enterprise is the
disposal of wastes, upon conviction is guilty of a
Class A misdemeanor.
(2) A person convicted of commercial littering
may be required to remove litter disposed of in
violation of this subchapter.
(e) All or any portion of the fines, community
service, and imprisonment penalties provided by
this section may be suspended by the court if the
violator agrees to remove litter from alongside high-
ways and at other appropriate locations for a pre-
scribed period.
History. Acts 1977, No. 883, § 6; A.S.A. 1947, § 82-3906; Acts
2015, No. 1264, § 5.
8-6-408. Discarding certain items prohibited.
(a) It is unlawful for a person to place or cause to
be placed any junk motor vehicle, old vehicle tire, or
inoperative or abandoned household appliance, or
part of a junk motor vehicle, old vehicle tire, or
inoperative or abandoned household appliance upon
the right-of-way of any public highway, upon any
other public property, or upon any private property
that he or she does not own, lease, rent, or otherwise
control, unless it is at a salvage yard, a permitted
disposal site, or at the business establishment of a
demolisher.
(b) A person who violates this section upon con-
viction is guilty of:
(1) A violation for a first offense and shall be fined
one thousand dollars ($1,000) and sentenced to one
hundred (100) hours of community service; and
(2) A Class A misdemeanor for a second or subse-
quent offense.
388-6-407 ENVIRONMENTAL LAW
History. Acts 1977, No. 883, § 10; A.S.A. 1947, § 82-3910; Acts
2015, No. 1264, § 6.
8-6-409. Prima facie evidence against drivers.
If the throwing, dumping, or depositing of litter
was done from a motor vehicle, except a motor bus,
it shall be prima facie evidence that the throwing,
dumping, or depositing was done by the driver of the
motor vehicle.
History. Acts 1977, No. 883, § 5; A.S.A. 1947, § 82-3905.
8-6-410. Notice to the public required.
The state shall erect signs containing pertinent
portions of this subchapter along the public high-
ways of this state and in all campgrounds and trailer
parks, forestlands, and recreational areas, at all
public beaches, and at other public places where
persons are to be informed of the existence and
content of this subchapter and the penalties for
violating its provisions.
History. Acts 1977, No. 883, § 8; A.S.A. 1947, § 82-3908.
8-6-411. Litter receptacles.
The state shall place litter receptacles along pub-
lic highways in appropriate numbers to provide
motorists with convenient methods of litter disposal.
History. Acts 1977, No. 883, § 9; A.S.A. 1947, § 82-3909.
8-6-412. Enforcement generally.
(a) All Arkansas-certified law enforcement offi-
cers:
(1) Shall enforce this subchapter;
(2) May issue citations to or arrest persons violat-
ing any provision of this subchapter; and
(3)(A) May serve and execute all warrants, cita-
tions, and other process issued by the courts in
enforcing this subchapter.
(B) In addition, mailing by registered mail of
the process to the person’s last known place of
residence shall be deemed as personal service
upon the person charged.
(b)(1) Illegal dumps control officers licensed and
certified in accordance with § 8-6-905 and code
enforcement officers as defined by municipal ordi-
nance may:
(A) Enforce this subchapter; and
(B) Issue citations to persons violating this sub-
chapter.
(2) However, illegal dumps control officers li-
censed and certified in accordance with § 8-6-905
and code enforcement officers as defined by munici-
pal ordinance shall not:
(A) Have the powers of arrest;
(B) Carry firearms; or
(C) Take any other official law enforcement
actions.
(c)(1) All certified law enforcement officers may
serve and execute all warrants, citations, and other
process issued by the courts in enforcing this sub-
chapter.
(2) In addition, mailing by registered mail of the
process to the person’s last known place of residence
shall be deemed as personal service upon the person
charged.
History. Acts 1977, No. 883, § 3; A.S.A. 1947, § 82-3903; Acts
1999, No. 386, § 1; 2005, No. 75, § 1; 2007, No. 377, § 1.
8-6-413. Authority to take possession of dis-
carded items — Notice.
(a)(1) Any enforcement agency described in § 8-
6-412 which has knowledge of, discovers, or finds
any junk motor vehicle, old vehicle tire, or inopera-
tive or discarded household appliance on either
public or private property may take it into custody
and possession.
(2) The enforcement agency may employ its own
personnel, equipment, and facilities or hire persons,
equipment, and facilities for the purpose of remov-
ing, preserving, and storing junk motor vehicles, old
vehicle tires, or inoperative or abandoned household
appliances.
(b)(1) However, before taking any junk motor ve-
hicle into custody and possession from private prop-
erty, the enforcement agency shall give the private
property owner and the owner of the motor vehicle,
if ascertainable, thirty (30) days’ notice by registered
or certified mail or seventy-two (72) hours’ notice by
personal service that such an action will be taken
unless the motor vehicle is:
(A) Restored to a functional use;
(B) Disposed of by the owner in a manner not
prohibited by this subchapter; or
(C) Placed in an enclosed building.
(2) The thirty-days’ or seventy-two-hours’ notice
under subdivision (b)(1) of this section may be
waived by the owners of the property.
History. Acts 1977, No. 883, § 12; A.S.A. 1947, § 82-3912; Acts
2005, No. 1222, § 1.
8-6-414. Notification to motor vehicle owner
and lienholders — Reclamation.
(a)(1) The enforcement agency which takes into
custody and possession any junk motor vehicle,
within thirty (30) days after taking custody and
possession thereof, shall notify the last known reg-
istered owner of the motor vehicle and all lienhold-
ers of record that the motor vehicle has been taken
into custody and possession.
(2) The notification shall be by registered or cer-
tified mail, return receipt requested.
(3) The notice shall:
(A) Contain a description of the motor vehicle,
including the year, make, model, manufacturer’s
serial or identification number, or any other num-
39 8-6-414DISPOSAL OF SOLID WASTES AND OTHER REFUSE
ber which may have been assigned to the motor
vehicle by the Office of Motor Vehicle and shall
note any distinguishing marks;
(B) Set forth the location of the facility where
the motor vehicle is being held and the location
where the motor vehicle was taken into custody
and possession; and
(C) Inform the owner and any lienholders of
record of their right to reclaim the motor vehicle
within ten (10) days after the date notice was
received by the owner or lienholders upon pay-
ment of all towing, preservation, and storage
charges resulting from taking and placing the
motor vehicle into custody and possession and
state that the failure of the owner or lienholders of
record to exercise their right to reclaim the motor
vehicle within the ten-day period shall be deemed
a waiver by the owner and all lienholders of record
of all right, title, and interest in the motor vehicle
and of their consent to the sale or disposal of the
junk motor vehicle at a public auction or to a
salvage yard or demolisher.
(b)(1) If the identity of the last registered owner
of the junk motor vehicle cannot be determined, if
the certificate of registration or certificate of title
contains no address for the owner, or if it is impos-
sible to determine with reasonable certainty the
identity and addresses of all lienholders, then notice
shall be published in a newspaper of countywide
circulation in the county wherein the motor vehicle
was located at the time the enforcement agency took
custody and possession of the vehicle.
(2) This notice shall be sufficient to meet all
requirements of notice pursuant to this section.
(3) Any notice by publication may contain mul-
tiple listings of junk motor vehicles.
(4) The notice shall be published within thirty
(30) days after the motor vehicle is taken into
custody and possession.
(5) The notice shall have the same contents re-
quired for a notice pursuant to subsection (a) of this
section, except that the ten-day period shall run
from the date such notice is published as prescribed.
(c) The consequences and effect of failure to re-
claim a junk motor vehicle within the ten-day period
after notice is received by registered or certified mail
or within ten (10) days after the notice is published
in a newspaper as prescribed shall be set forth in the
notice.
History. Acts 1977, No. 883, § 13; A.S.A. 1947, § 82-3913.
8-6-415. Sale of junk vehicles and discarded
items.
(a) If a junk motor vehicle is not reclaimed as
provided for in § 8-6-414, the enforcement agency in
possession of the junk motor vehicle shall sell it
either at a public auction or to a salvage yard or
demolisher. The purchaser of the motor vehicle shall
take title to the motor vehicle free and clear of all
liens and claims of ownership and shall receive a
sales receipt from the enforcement agency which
disposed of the motor vehicle. The sales receipt at
the sale shall be sufficient title only for purposes of
transferring the motor vehicle to a salvage yard or to
a demolisher for demolition, wrecking, or disman-
tling. No further titling of the motor vehicle shall be
necessary by either the purchaser at the auction, the
salvage yard, or the demolisher, who shall be exempt
from the payment of any fees and taxes.
(b) When an enforcement agency has in its cus-
tody and possession old vehicle tires or inoperative
or discarded household appliances collected in accor-
dance with § 8-6-413, it shall sell property, from
time to time, at public auction or to a salvage yard or
demolisher.
History. Acts 1977, No. 883, § 14; A.S.A. 1947, § 82-3914.
8-6-416. Disposition of sale proceeds.
(a) From the proceeds of any sale, the enforce-
ment agency which sold the junk motor vehicle, old
vehicle tire, or inoperative or discarded household
appliance shall reimburse itself for any expenses it
may have incurred in removing, towing, preserving,
and storing the property and for the expenses of
conducting any auction and any notice and publica-
tion expenses incurred pursuant to this subchapter.
(b) Any remainder from the proceeds of the sale
shall be deposited in the State Treasury to be kept
and maintained in the Litter Control Account. Any
remainder from the proceeds of the sale of a junk
motor vehicle after payment of the expenses shall be
held for the last registered owner of the motor
vehicle or any lienholder for ninety (90) days, after
which time, if no owner or lienholder claims the
remainder, it shall be deposited in the special fund.
(c) Any moneys so collected and deposited in the
Litter Control Account shall be used solely for the
payment of auction, towing, removing, preserving,
storing, notice, and publication costs which result
from taking other junk motor vehicles, old vehicle
tires, and inoperative or discarded household appli-
ances into custody and possession.
History. Acts 1977, No. 883, § 15; A.S.A. 1947, § 82-3915.
8-6-417. [Repealed.]
Publisher’s Notes. This section, concerning the Advisory Board,
was repealed by Acts 1991, No. 786, § 6. The section was derived
from Acts 1977, No. 883, § 17; A.S.A. 1947, § 82-3917.
Acts 1989, No. 536, § 8, abolished the Advisory Board on the
Control of Litter and Junk.
8-6-418. Possession or use of glass containers
on navigable waterways.
(a)(1) Except for containers for medicinal sub-
stances contained in a first-aid kit or prescribed by a
licensed physician, and except as provided under
subdivision (a)(2) of this section, no person shall
408-6-415 ENVIRONMENTAL LAW
possess or use glass containers within a vessel
within the banks of Arkansas’s navigable water-
ways.
(2) A person engaged in removing glass previ-
ously discarded by others and found within the
banks of an Arkansas navigable waterway may not
be charged with a violation of this section on the
basis of possession of glass, if while underway and
upon a waterway, he or she transports the removed
glass securely in a trash container.
(b)(1) A person entering, traveling upon, or other-
wise using Arkansas’s navigable waterways by ca-
noe, kayak, inner tube, or other vessel easily suscep-
tible to swamping, tipping, rolling, or otherwise
discharging its contents into a waterway, and trans-
porting foodstuffs or beverages shall:
(A) Transport all foodstuffs and beverages in a
sturdy container and ensure that the container is
made to seal or lock in the contents to prevent the
contents from spilling into the water;
(B)(i) Carry and affix to the vessel a trash
container or bag suitable for containing his or her
refuse, waste, and trash materials and capable of
being securely closed.
(ii) The trash container or bag shall be either a
sturdy container, of a construction similar to a
sturdy container, or a bag of mesh construction;
(C)(i) Except as provided under subdivision
(b)(1)(C)(ii) of this section, transport all his or her
refuse, waste, and trash either in a sturdy con-
tainer or in a trash container to a place where the
refuse, waste, and trash may be safely and law-
fully disposed of.
(ii) A person engaged in removing items of
refuse, waste, and trash materials previously dis-
carded by others and found by him or her within
the banks of an Arkansas navigable waterway and
that are too large to be transported in a trash
container or bag, may not be charged with a
violation of this section on the basis of possession
and transportation of the refuse, waste, and trash;
and
(D) At all times other than when a beverage is
securely contained in a sturdy container or a trash
container as in subdivisions (b)(1)(A)-(C) of this
section, keep the beverage attached to or held
within a floating holder or other device designed
to prevent the beverage from sinking beneath the
surface of the waterway.
(2) Neither a sturdy container nor a trash con-
tainer may be required of a person traveling without
foodstuffs or beverages.
(c)(1) A violation of this section shall be a misde-
meanor and each violation may be prosecuted as a
separate offense.
(2) Each violation shall be punishable by a fine of
not more than five hundred dollars ($500).
(d) For purposes of this section:
(1) “Navigable waterway” means any navigable
river, lake, or other body of water used or susceptible
to being used in its natural condition by canoe,
kayak, innertube, or other vessel easily susceptible
to swamping, tipping, or rolling and located wholly
or partly within this state;
(2) “Sturdy container” shall not include a con-
tainer that is:
(A) Primarily constructed of styrofoam; or
(B) So constructed that it may be easily broken;
and
(3) “Vessel” shall not include a houseboat, party
barge, johnboat, runabout, ski boat, bass boat, or
similar craft not easily susceptible to swamping,
tipping, or rolling.
History. Acts 2001, No. 803, § 1; 2003, No. 1101, § 1.
TITLE 9
FAMILY LAW
SUBTITLE 2. DOMESTIC
RELATIONS
CHAPTER 14
SPOUSAL AND CHILD SUPPORT
SUBCHAPTER 2 — ENFORCEMENT GENERALLY
SECTION
.
9-14-239
. Suspension of license for failure to pay child support —
Definitions.
9-14-239. Suspension of license for failure to
pay child support — Definitions.
(a) As used in this section:
(1) “Department” means the Department of Fi-
nance and Administration or its duly authorized
agents;
(2) “License” means an Arkansas driver’s license
issued pursuant to § 27-16-101 et seq. and § 27-20-
101 et seq., or an occupational, professional, or
business license regulated under Title 17 of this
Code and all other licenses regulated under Titles
2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code;
(3) “Office” means the Office of Child Support
Enforcement of the Revenue Division of the Depart-
ment of Finance and Administration;
(4) “Other licensing entity” means any other state
agency, department, board, commission, municipal-
ity, or any entity within the State of Arkansas or the
United States that issues or renews an occupational,
professional, or business license regulated under
Title 17 of this Code and all other licenses regulated
under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of
this Code; and
(5) “Permanent license plate” means the license
plate, issued by the department, that by law must be
41 9-14-239SPOUSAL AND CHILD SUPPORT
affixed to every vehicle as defined by § 27-14-1002
and every motorized cycle as defined by § 27-20-101.
(b)(1)(A) Unless an obligor executes an install-
ment agreement or makes other necessary and
proper arrangements with the office, the office
shall notify the department or other licensing
entity to suspend the license or permanent license
plate of the obligor whenever the office determines
that one (1) of the following conditions exists:
(i) The obligor is delinquent on a court-ordered
child support payment or an adjudicated arrear-
age in an amount equal to three (3) months’
obligation or more; or
(ii) The obligor is the subject of an outstanding
failure to appear warrant, a body attachment, or a
bench warrant related to a child support proceed-
ing.
(B) Prior to the notification to suspend the
license of the obligor, the office shall determine
whether the obligor holds a license or permanent
license plate with the department or other licens-
ing entity.
(2)(A) The office shall notify the obligor that a
request will be made to the department to sus-
pend the license or permanent license plate sixty
(60) days after the notification unless a hearing
with the office is requested in writing within
thirty (30) days to determine whether one (1) of
the conditions of suspension does not exist.
(B) Notification shall be sufficient under this
subdivision (b)(2) if mailed to the obligor at either
the last known address provided to the court by
the obligor pursuant to § 9-14-205 or to the ad-
dress used by the obligor on the license or the
application for a permanent license plate.
(c) Following a determination by the office under
subdivision (b)(1) of this section, the office shall
notify the department or other licensing entity to
suspend the license or permanent license plate of
the obligor.
(d)(1) The department or other licensing entity,
upon receipt of the notification, shall immediately
suspend the license or permanent license plate of
the obligor.
(2) This suspension shall remain in effect until
the department or other licensing entity is notified
by the office to release the suspension.
(e)(1) If the obligor enters into an installment
agreement or makes other necessary and proper
arrangements with the office to pay child support,
the office shall immediately notify the department or
other licensing entity to restore the license or per-
manent license plate of the obligor.
(2) In the case of fraud or mistake, the office shall
immediately notify the department or other licens-
ing entity to restore the license or permanent license
plate of the obligor, as appropriate.
(f) The office and the department are authorized
to promulgate rules and regulations necessary to
carry out this section in the interests of justice and
equity.
(g) The office is authorized to seek an injunction
in the circuit court of the county in which the child
support order was entered, restraining the obligor
from driving or from any licensed or permitted
activity during the time the obligor’s license or
permanent license plate is suspended.
(h)(1)(A) Any obligor whose license or permanent
license plate has been suspended may appeal to
the circuit court of the county in which the child
support order was entered or transferred, within
thirty (30) days after the effective date of the
suspension, by filing a petition with a copy of the
notice of the suspension attached, or with a copy of
the final administrative hearing decision of the
office, with the clerk of the circuit court and
causing a summons to be served on the Adminis-
trator of the Office of Child Support Enforcement
of the Revenue Division of the Department of
Finance and Administration.
(B) For persons paying child support pursuant
to § 9-17-501 or § 9-17-507, the foreign order
shall be registered by the office pursuant to § 9-
17-601 et seq.
(2) The case shall be tried de novo.
(3) The circuit judges are vested with jurisdiction
to determine whether the petitioner is entitled to a
license or permanent license plate or whether the
decision of the hearing officer should be affirmed,
modified, or reversed.
(i) Nothing provided in this section shall be inter-
preted to prohibit the circuit court from suspending
a permanent license plate or a license through
contempt proceedings resulting from the nonpay-
ment of child support.
History. Acts 1995, No. 752, § 1; 1997, No. 1296, § 33; 1999, No.
1514, §§ 17, 18; 2003, No. 1020, § 8; 2003, No. 1185, § 17.
429-14-239 FAMILY LAW
TITLE 12
LAW ENFORCEMENT,
EMERGENCY
MANAGEMENT, AND
MILITARY AFFAIRS
SUBTITLE 2. LAW
ENFORCEMENT AGENCIES AND
PROGRAMS
CHAPTER 8
DEPARTMENT OF ARKANSAS
STATE POLICE
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
12-8-106
. Department of Arkansas State Police — Duties and
powers — Restrictions — Municipal police barred
from patrolling certain highways.
12-8-107
. Arrests and detentions.
12-8-116
. Motor vehicles.
12-8-106. Department of Arkansas State Po-
lice — Duties and powers — Restrictions —
Municipal police barred from patrolling cer-
tain highways.
(a)(1) It shall be the duty of the Department of
Arkansas State Police to:
(A) Patrol the public highways, make arrests,
and enforce the laws of this state relating to motor
vehicles and the use of the state highways;
(B) Establish, maintain, and enforce a towing
rotation list to assist in clearing highways of
motor vehicles which have been involved in acci-
dents or abandoned;
(C) Assist in the collection of delinquent motor
vehicle license taxes and the collection of gasoline
and other taxes that are required by law; and
(D) Determine when, if possible, a person or
persons are the cause of injury to any state high-
way or other state property and arrest all persons
criminally responsible for injury to any state high-
way or other state property and bring them before
the proper officer for trial.
(2) The Director of the Department of Arkansas
State Police may promulgate necessary rules and
regulations to carry out the purpose and intent of
subdivision (a)(1)(B) of this section.
(b) The department shall be conservators of the
peace and as such shall have the powers possessed
by police officers in cities and county sheriffs in
counties, except that the department may exercise
such powers anywhere in this state.
(c) The department shall have the authority to
establish a Crimes Against Children Division, either
through transfer or by contract, to conduct child
abuse investigations, to administer the Child Abuse
Hotline, and, when consistent with regulations pro-
mulgated by the department, to provide training
and technical assistance to local law enforcement in
conducting child abuse investigations.
(d) The police officers shall have all the power and
authority of the State Fire Marshal and shall assist
in making investigations of arson, § 5-38-301, and
such other offenses as the director may direct and
shall be subject to the call of the circuit courts of the
state and the Governor.
(e) However, this chapter shall not be construed
so as to take away any authority of the regularly
constituted peace officers in the state, but the de-
partment shall cooperate with them in the enforce-
ment of the criminal laws of the state and assist
such officers either in the enforcement of the law or
apprehension of criminals.
(f) Nothing in this chapter shall be construed as
to authorize any officer of the department to serve
writs unless they are specifically directed to the
department, or an officer thereof, by the issuing
authority.
(g) No officer or member of the department shall
ever be used in performing police duties on private
property in connection with any strike, lockout, or
other industrial disturbance.
(h)(1)(A) The following law enforcement officers
are prohibited from patrolling controlled-access
facilities except as may be authorized by the
director:
(i) A municipal police officer;
(ii) An officer established under § 14-42-401 et
seq.;
(iii) A city marshal; and
(iv) A constable.
(B) The director may withdraw any previously
issued authorization to patrol controlled-access
facilities.
(C)(i) The director shall promulgate rules in
accordance with the Arkansas Administrative
Procedure Act, § 25-15-201 et seq., to establish
criteria for granting or withdrawing authorization
to patrol controlled-access facilities.
(ii) In adopting the rules described in subdivi-
sion (h)(1)(C)(i) of this section, the director at a
minimum shall take into consideration the follow-
ing factors:
(a) Public safety;
(b) Training of the law enforcement officers;
(c) Size of the law enforcement agency;
(d) Financial impact;
(e) Abuse of police power; and
(f) The types of roadways or highways that are
controlled-access facilities for purposes of this
section.
(2) The following law enforcement officers may
patrol any service roads that are within their juris-
43 12-8-106DEPARTMENT OF ARKANSAS STATE POLICE
diction situated adjacent to controlled-access facili-
ties:
(A) A municipal police officer;
(B) An officer established under § 14-42-401 et
seq.;
(C) A city marshal; and
(D) A constable.
(3) This subsection shall not prohibit a municipal
police officer, an officer established under § 14-42-
401 et seq., a city marshal, or a constable from
responding to an accident or other emergency on a
controlled-access facility.
History. Acts 1945, No. 231, §§ 7, 8; 1963, No. 133, § 1; A.S.A.
1947, §§ 42-407, 42-408; Acts 1987, No. 509, § 1; 1997, No. 1240,
§ 7; 2001, No. 254, § 1; 2001, No. 441, § 1; 2001, No. 1697, § 4;
2007, No. 371, § 1; 2011, No. 741, § 1.
12-8-107. Arrests and detentions.
(a) If any officer of the Department of Arkansas
State Police delivers an arrested person to a county
jail for detention, it shall be the duty of the jailer to
receive the prisoner.
(b) The department officer may notify the county
sheriff or prosecuting officer of the county in which
the crime was committed of the arrest and detention
of the prisoner and make such lawful disposition of
the prisoner as the department officer is directed to
do by the county sheriff or prosecuting officer.
History. Acts 1945, No. 231, § 8; A.S.A. 1947, § 42-408; Acts
2001, No. 1697, § 5.
12-8-116. Motor vehicles.
(a)(1) All automobiles, motorcycles, or other ve-
hicles of any nature owned, used, and operated by
the Department of Arkansas State Police shall be
exempt from the payment of any licenses, fees, and
charges required by the laws of this state for the
operation of the vehicles upon the public highways
of this state.
(2) The Director of the Department of Arkansas
State Police and the Director of the Department of
Finance and Administration shall adopt identifica-
tion tags or other insignia which shall be attached to
the vehicles by the officers, members, and employees
of the Department of Arkansas State Police, for
which tag or insignia no charge shall be made or
collected.
(b) The Department of Arkansas State Police is
granted authority to purchase used vehicles for use
in confidential assignments and drug investigations.
History. Acts 1945, No. 231, § 25; 1983, No. 537, § 9; A.S.A.
1947, §§ 42-409.1, 42-425.
CHAPTER 12
CRIME REPORTING AND
INVESTIGATIONS
SUBCHAPTER 2 — ARKANSAS CRIME
INFORMATION CENTER
SECTION
.
12-12-201
. Creation — Director.
12-12-207
. Maintenance and operation of information system.
12-12-208
. Coordination with national crime control information
systems.
12-12-201. Creation — Director.
(a) There is created the Arkansas Crime Informa-
tion Center, under the supervision of the Supervi-
sory Board for the Arkansas Crime Information
Center established by this subchapter.
(b) This center shall consist of a director and such
other staff under the general supervision of the
director as may be necessary to administer the
services of this subchapter, subject to the approval of
funds authorized by the General Assembly.
(c) The board shall name the director of the cen-
ter.
History. Acts 1971, No. 286, § 1; 1975, No. 742, § 1; A.S.A. 1947,
§ 5-1101.
12-12-207. Maintenance and operation of in-
formation system.
(a) The Arkansas Crime Information Center shall
be responsible for providing for the maintenance
and operation of the computer-based Arkansas
Crime Information System.
(b) The use of the system is restricted to serving
the informational needs of governmental criminal
justice agencies and others specifically authorized
by law through a communications network connect-
ing local, county, state, and federal authorities to a
centralized state repository of information.
(c) The Supervisory Board for the Arkansas
Crime Information Center shall approve the cre-
ation and maintenance of each file in the system,
establish the entry criteria and quality control stan-
dards for each file, and conduct an annual review of
the appropriateness and effectiveness of all files and
services provided by the center.
(d)(1) The center shall collect data and compile
statistics on the nature and extent of crime problems
in Arkansas and compile other data related to plan-
ning for and operating criminal justice agencies.
4412-8-107 LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS
(2) The center shall also periodically publish sta-
tistics and report such information to the Governor,
the General Assembly, and the general public.
(e) The center shall be authorized to design and
administer uniform record systems, uniform crime
reporting systems, and other programs to be used by
criminal justice agencies to improve the administra-
tion of justice in Arkansas.
History. Acts 1971, No. 286, §§ 2, 9; 1975, No. 742, § 2; 1981,
No. 612, § 1; 1983, No. 282, § 1; A.S.A. 1947, §§ 5-1102, 5-1102.3,
5-1109, 5-1117; Acts 1993, No. 535, § 6; 1993, No. 551, § 6; 1994
(2nd Ex. Sess.), No. 37, § 1; 1994 (2nd Ex. Sess.), No. 38, § 1; 1995,
No. 498, § 1.
12-12-208. Coordination with national crime
control information systems.
(a)(1) The Arkansas Crime Information Center
shall be the central access and control agency for
Arkansas’s input, retrieval, and exchange of crimi-
nal justice information in the National Crime Infor-
mation Center or its successor, and the National
Law Enforcement Telecommunications System or its
successor.
(2) The Arkansas Crime Information Center shall
be responsible for the coordination of all Arkansas
user agencies with the National Crime Information
Center and the National Law Enforcement Telecom-
munications System.
(b) The Director of the Arkansas Crime Informa-
tion Center or his or her designee shall serve as the
National Crime Information Center control terminal
officer and the National Law Enforcement Telecom-
munications System representative.
History. Acts 1979, No. 124, §§ 1, 2; A.S.A. 1947, §§ 5-1102.1,
5-1102.2.
SUBTITLE 4. MILITARY AFFAIRS
CHAPTER 62
MILITARY PERSONNEL
SUBCHAPTER 4 — PRIVILEGES
SECTION
.
12-62-407
. Exemption from traffic laws.
12-62-408
. Penalty for interference.
12-62-409
. Free passage over toll bridges and ferries.
12-62-410
. Exemption from automobile tags, road taxes, and du-
ties.
12-62-414
. Extensions for renewing certain documents — Paying
certain fees.
12-62-407. Exemption from traffic laws.
The military forces of the organized militia with
official insignia displayed, while on authorized duty,
shall not be restricted by municipal traffic regula-
tions. They shall have the right of way on any street
or highway through which they may pass against
all, except carriers of the United States mail, fire
engines, police vehicles, and hospital ambulances in
the necessary performance of their respective du-
ties.
History. Acts 1991, No. 732, §§ 1-4, 6, 7.
12-62-408. Penalty for interference.
All others who shall hinder, delay, or obstruct any
unit or portion of the organized militia wherever
parading or performing any military duty, or who
shall attempt to do so, shall be guilty of a misde-
meanor and upon conviction shall be fined in any
sum not less than fifty dollars ($50.00).
History. Acts 1969, No. 50, § 193; A.S.A. 1947, § 11-1004.
12-62-409. Free passage over toll bridges and
ferries.
Any person belonging to the organized militia
shall, together with the conveyance in his or her
charge and property of the state in his or her charge,
be allowed to pass free through all tollgates and over
all ferries if he or she is in uniform or presents an
order for duty or certificate of an order for duty.
History. Acts 1969, No. 50, § 194; A.S.A. 1947, § 11-1005.
12-62-410. Exemption from automobile tags,
road taxes, and duties.
(a) In lieu of state and city automobile tags, each
active member of the Arkansas Army National
Guard and the Air National Guard shall be required
to affix to their respective automobile or pick-up
truck, if used as personal conveyance and not used
for commercial purposes, a regulation tag to be
supplied by the Adjutant General bearing a serial
number and a National Guard designation.
(b) They shall likewise be exempt from the pay-
ment of any road tax and from any road duty
whatsoever under the laws of this state.
History. Acts 1969, No. 50, § 195; A.S.A. 1947, § 11-1006.
12-62-414. Extensions for renewing certain
documents — Paying certain fees.
(a) A member of the National Guard or reserve
component of the armed forces of the United States
who is a resident of this state and who is ordered to
active duty to a duty station located outside of this
state shall be allowed an extension for:
(1) Renewing a state:
(A) License;
(B) Permit;
(C) Registration;
(D) Credential; or
(E) Certificate; and
45 12-62-414MILITARY PERSONNEL
(2) Paying state:
(A) Taxes;
(B) Fees;
(C) Assessments; or
(D) Tuition.
(b) The extension shall be allowed without pen-
alty or assessment of a late fee.
(c) The extension shall be effective for:
(1) The period that the service member is serving
on active duty at a duty station located outside of
this state; and
(2) A period of at least ninety (90) days and not
more than one (1) year after the service member is
released from active duty.
(d)(1) Each department, division, office, board,
commission, and institution of this state, including
state-supported institutions of higher education,
shall promulgate regulations to establish the length
of the extension.
(2) The extension established by regulation shall
be within the limits provided by this section.
History. Acts 2003, No. 996, § 1.
SUBTITLE 5. EMERGENCY
MANAGEMENT
CHAPTER 79
ARKANSAS HAZARDOUS AND
TOXIC MATERIALS EMERGENCY
NOTIFICATION ACT
SECTION
.
12-79-101
. Title.
12-79-102
. Creation.
12-79-103
. Definitions.
12-79-104
. HAZMAT incident or accident reporting system.
12-79-105
. Accidents or incidents.
12-79-106
. Penalties.
12-79-101. Title.
This chapter may be known and cited as the
“Arkansas Hazardous and Toxic Materials Emer-
gency Notification Act”.
History. Acts 1991, No. 917, § 1.
12-79-102. Creation.
Because of the existing and increasing possibility
of a major disaster or emergency from the release of
hazardous and toxic substances into the environ-
ment while in transport, during manufacturing, and
in storage, and because of the immediate need to
notify state and local emergency response and recov-
ery forces and other governmental entities man-
dated to perform certain actions related to a release
of hazardous or toxic substances into the environ-
ment, it is found and declared to be necessary to:
(1) Create within the Arkansas Department of
Emergency Management a system to notify local,
state, and federal emergency response and recovery
forces and those other governmental and private
sector entities with a mandated responsibility for
emergency services; and
(2) Require any business, manufacturer, refiner,
retailer, wholesaler, transporter in the private sec-
tor, or governmental entity at the local, state, or
federal level to report as soon as possible any known
incident involving the release of hazardous and toxic
materials into the environment which requires, or
may require, emergency response or recovery ac-
tions by public safety forces of local or state govern-
mental entities, including volunteer emergency ser-
vices such as, but not limited to, firefighters, law
enforcement, emergency medical services, and other
first responders.
History. Acts 1991, No. 917, § 2; 1999, No. 646, § 45.
12-79-103. Definitions.
As used in this chapter:
(1) “Director” means the Director of the Arkansas
Department of Emergency Management established
under the Arkansas Emergency Services Act of 1973,
§ 12-75-101 et seq.;
(2) “Fixed facility” means any refinery, factory,
storage site, assembly plant, warehouse, wholesaler,
retailer, or other facility which receives, stores,
processes, or ships hazardous and toxic materials;
(3) “Hazardous and toxic materials” means:
(A) Those substances, except natural gas,
manufactured, refined, or found in their natural
state which, when released into the environment,
by any means, have an immediate or potential
threat to human, animal, or plant life and meet
other criteria established under federal regula-
tions, guidelines, or laws defining hazardous and
toxic substances in a quantity and form which
may pose an unreasonable risk to health and
safety or property when transported in commerce,
and which is designated as “hazardous material”
in regulations prescribed by the United States
Secretary of Transportation under Title 49 of the
Code of Federal Regulations; and
(B) Any other substance or pollutant desig-
nated by regulations of the director promulgated
under this chapter;
4612-79-101 LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS
(4) “HAZMAT” means the abbreviation of “haz-
ardous and toxic materials”;
(5) “Incident” or “accident” means the spilling,
leaking, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing
of hazardous and toxic materials into the environ-
ment;
(6) “System for notification” means those commu-
nications facilities currently existing, or that may be
later established, for direction, warning, and control
of emergency response and recovery forces at the
federal, state, and local levels;
(7) “Transport” means the movement of any haz-
ardous and toxic material regardless of the mode of
transportation from one place to another place and
any loading, unloading, and storage incidental
thereto; and
(8) “Transporter” means any person, firm, asso-
ciation, partnership, corporation, or other legal en-
tity who transports or ships in a motor vehicle, rail
freight car, freight container, cargo tank, rail tank
car, pipeline other than a natural gas pipeline,
aircraft, vessel, or other means of transportation
any hazardous and toxic materials as a common
carrier, contract carrier, or carrier for private use.
History. Acts 1991, No. 917, § 3; 1999, No. 646, § 46.
12-79-104. HAZMAT incident or accident re-
porting system.
(a) The Director of the Arkansas Department of
Emergency Management shall:
(1) In cooperation with the State Emergency Re-
sponse Commission, establish a HAZMAT incident
or accident reporting system within the State Emer-
gency Operations Center for disseminating informa-
tion to the appropriate agencies and emergency first
responders for any release of a hazardous and toxic
material that might present either an immediate or
potential threat to the safety, health, and welfare of
the public; and
(2) Operate and maintain on a continuing basis
emergency direction, control, and warning systems
sufficient to meet the minimum requirements of this
chapter.
(b) The HAZMAT incident or accident reporting
systems shall meet the minimum federal require-
ments specified in federal regulations and guide-
lines for hazardous and toxic materials emergency
reporting and shall operate within the provisions
established under the Arkansas Emergency Services
Act of 1973, § 12-75-101 et seq., and the State of
Arkansas Emergency Operations Plan to provide
the most expeditious and practical means to notify
state, local, and private sector entities assigned an
emergency response or recovery role under this
chapter.
(c) Each agency, office, bureau, or commission of
the State of Arkansas or its political subdivisions
having a role or responsibility for HAZMAT plan-
ning, response, recovery, or mitigation, or providing
public safety services or having regulatory or over-
sight authority shall establish guidelines and proce-
dures to ensure prompt and accurate reporting of
any accident, incident, or known or suspected re-
lease of toxic or hazardous materials within the
State of Arkansas in violation of any state or federal
environmental or health protective statutes, regula-
tions, or guidelines.
History. Acts 1991, No. 917, § 4; 1999, No. 646, § 47.
12-79-105. Accidents or incidents.
Any fixed facility operator or any transporter
involved in an accident or incident during refining,
manufacturing, processing, storage, loading, un-
loading, transporting, or a related activity which
involves the release of hazardous and toxic materi-
als into the environment or any public safety emer-
gency first responders from the local, state, or fed-
eral level, who have confirmed that the incident or
accident has not been previously reported to the
State Emergency Operations Center shall report
immediately, by telephone, radio, or the most expe-
ditious means available to the center any incident or
accident which:
(1) Involves a fatality due to fire, explosion, or
exposure to any hazardous and toxic materials;
(2) Results in the hospitalization of any person
due to fire, explosion, or exposure to any hazardous
and toxic materials;
(3) Results in a continuing danger to life, health,
or property at the place of the accident or incident;
and
(4) Results in the release of hazardous and toxic
materials, in any amount, by any transporter onto
public or private property, including roads, high-
ways, or thoroughfares maintained by local, state,
and federal government entities and upon regulated
commerce rights-of-way.
47 12-79-105EMERGENCY NOTIFICATION ACT
History. Acts 1991, No. 917, § 5.
12-79-106. Penalties.
Any person who pleads guilty or nolo contendere
to or is found guilty of violating any provisions of
this chapter or any regulation promulgated hereun-
der shall be guilty of a misdemeanor and be fined not
more than five hundred dollars ($500) per day of
violation or imprisoned for not more than one (1)
year, or both.
History. Acts 1991, No. 917, § 6.
TITLE 14
LOCAL GOVERNMENT
SUBTITLE 3. MUNICIPAL
GOVERNMENT
CHAPTER 54
POWERS OF MUNICIPALITIES
GENERALLY
SUBCHAPTER 14 — MISCELLANEOUS
REGULATIONS
SECTION
.
14-54-1410
. Operation of golf carts on city streets — Definition.
14-54-1410. Operation of golf carts on city
streets — Definition.
(a) It shall be within the municipal affairs and
authority of any municipality in the State of Arkan-
sas to authorize by municipal ordinance, any owner
of a golf cart to operate the golf cart upon the city
streets of the municipality; provided, however, op-
eration shall not be authorized on city streets which
are also designated as federal or state highways or
as a county road.
(b) When authorized by the municipality to oper-
ate on the city streets and limited to the circum-
stances and provisions of this section, there shall be
no motor vehicle registration or license necessary to
operate the golf cart on the public street.
(c) The term “municipality” as used in this section
means any city of the first class, city of the second
class, or an incorporated town.
History. Acts 1993, No. 976, § 1; 2013, No. 170, § 1.
TITLE 16
PRACTICE, PROCEDURE,
AND COURTS
SUBTITLE 2. COURTS AND
COURT OFFICERS
CHAPTER 10
GENERAL PROVISIONS
SUBCHAPTER 3 — UNIFORM FILING FEES AND
COURT COSTS
SECTION
.
16-10-305
. Court costs.
16-10-305. Court costs.
(a) There shall be levied and collected the follow-
ing court costs from each defendant upon each
conviction, each plea of guilty or nolo contendere, or
each forfeiture of bond:
(1) In circuit court, one hundred fifty dollars
($150) for a misdemeanor or felony violation of state
law, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101
et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301
et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114; or
(E) Section 15-42-127;
(2) In district court, one hundred dollars ($100)
for an offense that is a misdemeanor or violation of
state law, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101
et seq.;
4812-79-106 PRACTICE, PROCEDURE, AND COURTS
(B) The Underage DUI or BUI Law, § 5-65-301
et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114; or
(E) Section 15-42-127;
(3) In circuit court or district court, seventy-five
dollars ($75.00) for a traffic offense that is a misde-
meanor or violation under state law or local ordi-
nance, excluding a violation of:
(A) The Omnibus DWI or BWI Act, § 5-65-101
et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301
et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114; or
(E) Section 15-42-127;
(4) In district court, for a nontraffic offense that is
a misdemeanor or violation under local ordinance,
twenty-five dollars ($25.00);
(5) In circuit court or district court, three hundred
dollars ($300) for violations of:
(A) The Omnibus DWI or BWI Act, § 5-65-101
et seq.;
(B) The Underage DUI or BUI Law, § 5-65-301
et seq.;
(C) Section 5-75-101 et seq.;
(D) Section 27-23-114; or
(E) Section 15-42-127; and
(6) [Repealed.]
(7) In circuit court or district court, twenty-five
dollars ($25.00) for a violation of the mandatory seat
belt use law, § 27-37-701 et seq., and for failure to
present proof of insurance at the time of a traffic
stop, §§ 27-22-103, 27-22-104, and 27-22-111.
(b)(1) The costs set forth in this section shall be
imposed at the conclusion of any criminal case
enumerated in subsection (a) of this section that
does not end in an acquittal, dismissal, or, with the
consent of the prosecution, an order nolle prosequi.
(2) The costs shall be imposed at the conclusion of
cases involving a suspended or probated sentence
even though that sentence may be expunged or
otherwise removed from the defendant’s record.
(c) No county, city, or town shall be liable for the
payment of the costs taxed under this section in any
instance where they are not collected, or in any case
in which the defendant pays the costs by serving
time in a jail, on a county farm, or at any other
official place of detention or work.
(d) No town, city, or county shall authorize and no
district court or circuit court shall assess or collect
any other court costs other than those authorized by
this act, unless specifically provided by state law.
(e) This section shall become effective July 1,
2001, and the revised court costs shall be imposed on
all cases which come before the court for final
disposition on or after July 1, 2001.
(f)(1) There shall be levied and collected from
each defendant who pleads guilty or nolo contendere
to an offense, is found guilty of an offense, or forfeits
bond in city court on or before December 31, 2011,
the court costs applicable in city court at that time.
(2) The court costs applicable in district court
shall be levied and collected in all cases filed in city
court in which a defendant pleads guilty or nolo
contendere to an offense, is found guilty of an
offense, or forfeits bond in district court on or after
January 1, 2012.
(g) For each conviction for an offense under § 5-
26-301 et seq., an additional court cost of twenty-five
dollars ($25.00) shall be assessed and remitted to
the Administration of Justice Funds Section of the
Office of Administrative Services of the Department
of Finance and Administration by the court clerk for
deposit into the Domestic Peace Fund, § 19-6-491.
(h)(1) An additional court cost of twenty-five dol-
lars ($25.00) shall be assessed and remitted to the
Administration of Justice Funds Section within the
Department of Finance and Administration by the
court clerk for deposit as special revenues into the
Domestic Violence Shelter Fund if a person is a
convicted perpetrator of domestic abuse or is the
respondent on a permanent order of protection en-
tered by a court under the Domestic Abuse Act of
1991, § 9-15-101 et seq.
(2) When a convicted person is authorized to
make installment payments under § 16-13-704, the
court cost assessed under subdivision (h)(1) of this
section shall be collected from the initial installment
payment first.
(3) The court clerk shall disburse all court costs
collected each month under subdivision (h)(1) of this
section to the Administration of Justice Funds Sec-
tion by the fifteenth working day of the following
month.
History. Acts 1995, No. 1256, § 7; 1997, No. 788, § 4; 1997, No.
1341, § 4; 1999, No. 1081, §§ 3, 12; 1999, No. 1508, § 7; 2001, No.
1632, § 1; 2003, No. 1185, § 49; 2007, No. 663, § 25; 2011, No. 730,
§ 4; 2011, No. 1218, § 1; 2013, No. 282, § 4; 2013, No. 1107, § 12;
2013, No. 1357, § 1; 2015, No. 299, §§ 18-21; 2015, No. 895, § 16;
2017, No. 583, § 3.
TITLE 19
PUBLIC FINANCE
CHAPTER 6
REVENUE CLASSIFICATION
LAW
SUBCHAPTER 8 — SPECIAL REVENUE FUNDS
CONTINUED
SECTION
.
19-6-832
. Arkansas Highway Transfer Fund.
19-6-832. Arkansas Highway Transfer Fund.
(a) There is created on the books of the Treasurer
of State, the Auditor of State, and the Chief Fiscal
49 19-6-832REVENUE CLASSIFICATION LAW
Officer of the State a special revenue fund to be
known as the “Arkansas Highway Transfer Fund”.
(b) The Arkansas Highway Transfer Fund shall
be used to provide additional funding to the Arkan-
sas Department of Transportation for use in con-
structing and maintaining the highways of this
state.
(c) In the event revenues to the department are
insufficient to fully address the highway construc-
tion and maintenance needs of the state, the depart-
ment may provide a written document to the Gover-
nor outlining the reasons that additional funding is
needed and requesting that the Governor provide a
recommendation to the Legislative Council or the
Joint Budget Committee for review and approval of
the transfer of funds in the Arkansas Highway
Transfer Fund to the State Highway and Transpor-
tation Department Fund.
(d) Upon review and approval of the Legislative
Council or the Joint Budget Committee, the Chief
Fiscal Officer of the State may transfer funds from
the Arkansas Highway Transfer Fund to the State
Highway and Transportation Department Fund as
deemed necessary to provide additional funding to
address the highway construction and maintenance
needs of the state.
(e) The requirement of approval by the Legisla-
tive Council or Joint Budget Committee is not a
severable part of this section. If the requirement of
approval by the Legislative Council or Joint Budget
Committee is ruled unconstitutional by a court of
competent jurisdiction, this entire section is void.
History. Acts 2016 (3rd Ex. Sess.), No. 1, § 13; 2017, No. 707,
§ 57.
TITLE 20
PUBLIC HEALTH AND
WELFARE
SUBTITLE 2. HEALTH AND
SAFETY
CHAPTER 14
INDIVIDUALS WITH
DISABILITIES
SUBCHAPTER 3 — RIGHTS GENERALLY
SECTION
.
20-14-306
. Reasonable precautions by drivers.
20-14-306. Reasonable precautions by drivers.
The driver of a vehicle approaching a visually
handicapped or hearing impaired person who is
carrying a cane which is predominately white or
metallic in color with or without a red tip or using a
guide or hearing ear dog or the driver of a vehicle
approaching an otherwise handicapped person shall
take all reasonable precautions to avoid injury to the
pedestrian with visual, hearing, or other physical
disabilities.
History. Acts 1973, No. 484, § 4; 1979, No. 574, § 1; A.S.A. 1947,
§ 82-2904.
CHAPTER 17
DEATH AND DISPOSITION OF
THE DEAD
SUBCHAPTER 5 — ANATOMICAL GIFTS
GENERALLY
SECTION
.
20-17-501
. [Repealed.]
20-17-501. [Repealed.]
Publisher’s Notes. This section, concerning organ donation and
driver’s license form to contain statement of intent, was repealed by
Acts 2007, No. 839, § 5. The section was derived from Acts 1993,
No. 409, §§ 1, 2.
CHAPTER 32
DISPOSAL OF COMMERCIAL
MEDICAL WASTE
SECTION
.
20-32-101
. Definitions.
20-32-102
. On-site facility.
20-32-103
. Penalties.
20-32-104
. Disposition of fees and fines.
20-32-105
. Authorization to stop vehicles suspected of transport-
ing commercial medical waste.
20-32-106
. Rules and regulations.
20-32-107
. License to transport, treat, or dispose.
20-32-108
. Applications — Procedure generally.
20-32-109
. Location requirements.
20-32-110
. Transportation requirements.
20-32-111
. Scope of authority.
20-32-112
. Violations — Penalties.
20-32-101. Definitions.
As used in this chapter:
(1) “Commercial medical waste” means any medi-
cal waste transported from a generator to an off-site
disposal facility when the off-site disposal facility is
engaged in medical waste disposal for profit;
(2) “Department” means the Department of
Health;
(3) “Facility” means all contiguous land and
structures, other appurtenances, and improvements
on the land, used for treating, destroying, storing, or
disposing of infectious waste. A facility may consist
5020-14-306 PUBLIC HEALTH AND WELFARE
of several treatment, destruction, storage, or dis-
posal operational units;
(4) “Generator” means any person producing
medical waste;
(5) “Medical waste” means a waste from health-
care-related facilities, which, if improperly treated,
handled, or disposed of may serve to transmit an
infectious disease and which includes the following:
(A) Pathological wastes — all human unfixed
tissues, organs, and anatomical parts, other than
intact skin, which emanate from surgeries, obstet-
rical procedures, dental procedures, autopsies,
and laboratories. Such waste shall be exclusive of
bulk formaldehyde and other preservative agents;
(B) Liquid or semiliquid blood such as human
blood, human blood components and products
made from human blood, for example, serum and
plasma, and other potentially infectious materi-
als, to include regulated human body fluids such
as semen, vaginal secretions, cerebrospinal fluid,
pleural fluid, pericardial fluid, peritoneal fluid,
amniotic fluid, saliva in dental procedures, any
body fluid that is visibly contaminated with blood,
and all body fluids when it is difficult or impos-
sible to differentiate between body fluids, not to
include urine or feces, which cannot be discharged
into the collection system of a publicly owned
treatment works within the generating facility;
(C) Contaminated items, to include dressings,
bandages, packings, gauze, sponges, wipes, cotton
rolls and balls, etc., which cannot be laundered
and from which blood, blood components, or regu-
lated body fluids drip freely, or that would release
blood or regulated body fluids in a liquid or semi-
liquid state if compressed or that are caked with
dried blood or regulated body fluids and are ca-
pable of releasing these materials during han-
dling:
(i) Disposable, single-use gloves such as surgi-
cal or examination gloves shall not be washed or
decontaminated for reuse and are handled as a
contaminated item; and
(ii) Protective coverings such as plastic wrap
and aluminum foil used to cover equipment and
environmental surfaces when removed following
their contamination are considered a contami-
nated item;
(D) Microbiological waste — includes, but is not
limited to, cells and tissue cultures, culture me-
dium or other solution and stocks of infectious
agents, organ cultures, culture dishes, devices
used to transfer, inoculate, and mix cultures,
paper and cloth which have come in contact with
specimens or cultures, and discarded live vac-
cines; and
(E) Contaminated sharps, which includes, but
is not limited to, hypodermic needles, intravenous
tubing with needles attached, syringes with at-
tached needles, razor blades used in surgery, scal-
pel blades, Pasteur pipettes, broken glass from
laboratories, and dental wires;
(6) “Off-site” means any facility which is not on-
site;
(7)(A) “On-site” means a facility on the same or
adjacent property.
(B) “Adjacent” as used in this subdivision (7)
means real property within four hundred (400)
yards from the property boundary of the existing
facility;
(8) “Person” means an individual or any legal
entity;
(9) “Transport” means the movement of medical
waste from the generator to any intermediate point
and finally to the point of treatment or disposal; and
(10) “Treater or disposer” means any facility as
defined in subdivision (3) of this section or “commer-
cial medical waste incineration facility” as defined in
§ 8-6-1302.
History. Acts 1992 (1st Ex. Sess.), No. 41, § 1; 1993, No. 491,
§ 2; 1993, No. 861, § 2.
20-32-102. On-site facility.
A healthcare facility accepting medical waste for
disposal from the physicians and surgeons who are
on the staff of the healthcare facility shall be classi-
fied as an on-site facility and shall not be subject to
this chapter.
History. Acts 1992 (1st Ex. Sess.), No. 41, § 4.
20-32-103. Penalties.
(a) Any person who violates any provision of this
chapter shall be guilty of a felony. Upon conviction,
that person shall be subject to imprisonment for not
more than one (1) year, or a fine of not more than
twenty-five thousand dollars ($25,000), or both.
(b) In addition, any person who violates any pro-
vision of this chapter may be subject to a civil
penalty by the State Board of Health. The penalty
shall not exceed ten thousand dollars ($10,000) for
each violation.
History. Acts 1992 (1st Ex. Sess.), No. 41, § 5.
20-32-104. Disposition of fees and fines.
(a) All fees and fines levied and collected under
§§ 20-32-103 and 20-32-107 are declared to be spe-
cial revenues and shall be deposited into the State
Treasury and credited to the Public Health Fund to
be used exclusively for the enforcement of laws and
regulations pertaining to the segregation, packag-
ing, storage, transportation, treatment, and disposal
of medical waste.
(b) Subject to such rules and regulations as may
be implemented by the Chief Fiscal Officer of the
State, the disbursing officer for the Department of
Health may transfer all unexpended funds relative
to the regulation of commercial medical waste that
pertain to fees and fines collected, as certified by the
51 20-32-104DISPOSAL OF COMMERCIAL MEDICAL WASTE
Chief Fiscal Officer of the State, to be carried for-
ward and made available for expenditures for the
same purpose for any following fiscal year.
History. Acts 1992 (1st Ex. Sess.), No. 41, § 6.
20-32-105. Authorization to stop vehicles sus-
pected of transporting commercial medical
waste.
(a)(1) The Department of Arkansas State Police
and the enforcement officers of the Arkansas High-
way Police Division of the Arkansas Department of
Transportation may stop vehicles suspected of
transporting commercial medical waste to assure
that all required permits for transporting the com-
mercial medical waste have been obtained and to
enforce all laws and regulations relating to the
transportation of commercial medical waste.
(2) The Department of Arkansas State Police may
administer and supervise the program of inspection
of vehicles which transport commercial medical
waste and have a gross vehicle weight rating of less
than ten thousand pounds (10,000 lbs.). The Depart-
ment of Arkansas State Police shall collect a fee of
fifty dollars ($50.00) for each inspection. The fee
shall be deposited as special revenues into the State
Treasury and distributed to the credit of the State
Police Fund to defray the costs of administering and
supervising the inspection program.
(b) The enforcement officers of the division may
conduct vehicle safety inspections of those vehicles
transporting or intended to be utilized to transport
commercial medical waste, to inquire into the his-
tory of any safety or equipment regulation violations
of the transporter in any state, and to advise the
Department of Health of the results of such inspec-
tions and inquiries.
History. Acts 1992 (1st Ex. Sess.), No. 41, § 8; 1993, No. 412,
§ 1; 2017, No. 707, § 62.
20-32-106. Rules and regulations.
(a) The Department of Health may regulate the
segregation, packaging, storage, transportation,
treatment, and disposal of commercial medical
waste from healthcare-related facilities.
(b) These regulations shall include:
(1) Criteria for issuing operational licenses to
treaters or disposers, and transporters of commer-
cial medical waste;
(2) Criteria for issuing permits and permit modi-
fications to facilities;
(3) Developing a system for record keeping by any
person generating, transporting, receiving, treating,
or disposing of commercial medical waste;
(4) Acceptable methods of treatment and disposal
of commercial medical waste;
(5) Requirements for the segregation, packaging,
and storage of commercial medical waste;
(6) Criteria for the development of an operating
plan for the handling and disposal of commercial
medical waste; and
(7) Requirements for the inspection of any facility
generating, storing, incinerating, or disposing of
commercial medical waste.
(c) All rules and regulations promulgated pursu-
ant to this chapter shall be reviewed by the House
Committee on Public Health, Welfare, and Labor
and the Senate Committee on Public Health, Wel-
fare, and Labor or appropriate subcommittees
thereof.
History. Acts 1992 (1st Ex. Sess.), No. 41, §§ 2, 7; 1993, No. 491,
§ 3; 1993, No. 861, § 3; 1997, No. 179, § 30.
20-32-107. License to transport, treat, or dis-
pose.
(a) No person may transport, treat, or dispose of
commercial medical waste without first obtaining an
operating license from the Department of Health.
(b) The treater or disposer, or transporter shall
submit an application for an operating license and
an application fee of two hundred fifty dollars
($250).
(c) Upon issuance of the operating license, the
treater or disposer, or transporter shall pay a license
fee of no more than five dollars ($5.00) per ton.
(d) The department shall issue operating licenses
for a period of one (1) year.
(e)(1) If the treater or disposer, or transporter has
a history of noncompliance with any law or regula-
tion of this state or any other jurisdiction, particu-
larly those laws or regulations pertaining to the
environment and the protection of the health and
safety of the public, the department may refuse to
issue an operating license.
(2) If a history of noncompliance is discovered
after the operating license has been issued, the
department may revoke the license.
History. Acts 1992 (1st Ex. Sess.), No. 41, § 3; 1993, No. 491,
§ 4; 1993, No. 861, § 4.
20-32-108. Applications — Procedure gener-
ally.
(a) This section shall not apply to commercial
medical waste incineration facilities which are re-
quired to comply with the provisions for obtaining a
permit under § 8-6-1301 et seq.
(b) No person shall operate or construct a com-
mercial medical waste facility without submitting
an application for a permit or permit modification to
the Department of Health. No permit or permit
modification shall be issued by the department for
any facility unless the department approves both
the site of the facility and the technological process
to be used by the facility for the treatment and
disposal of commercial medical waste.
(c) The department may levy up to one hundred
dollars ($100) per hour not to exceed five thousand
5220-32-105 PUBLIC HEALTH AND WELFARE
dollars ($5,000) for application processing costs in-
curred by the department.
(d) Any person applying for a permit or a permit
modification to construct and operate a facility shall
complete the following criteria at least thirty (30)
days prior to submitting a permit application to the
department:
(1) Written notification by certified mail to each
property owner and resident of any property adja-
cent to the proposed site of the intent to apply for a
permit or permit modification; and
(2) Publication of a public notice in the largest
newspaper published in each county where the prop-
erty which is the subject matter of the proposed
facility permit or permit modification is located and
in at least one (1) newspaper of statewide circulation
of the intent to apply for a permit or permit modifi-
cation to construct and operate a facility.
(e) The department shall provide written notice
by certified mail of the proposed permit or permit
modification to the mayor of the city and the county
judge of the county where the property which is the
subject matter of the permit application is located.
(f) Prior to the issuance of a final permit, the
department shall conduct a public hearing in the
county in which the facility is to be located.
History. Acts 1993, No. 491, § 5; 1993, No. 861, § 5; 1999, No.
150, § 1.
20-32-109. Location requirements.
No applications shall be accepted nor shall per-
mits be issued pursuant to § 20-32-108 by the
Department of Health for the construction or opera-
tion of a facility in which any of the following factors
is present:
(1) The location of the facility is within a “regula-
tory floodway”, as adopted by communities partici-
pating in the national flood program managed by the
Federal Emergency Management Agency;
(2) The location of the facility overlies any portion
of a significant surface or subsurface sand and
gravel aquifer for its primary recharge zone or a
high-yield bedrock aquifer;
(3) The location of the facility could pose a threat
to fisheries, wildlife, or other natural resources; or
(4) The location of the facility does not comply
with zoning regulations of the locality in which the
facility is proposed.
History. Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
20-32-110. Transportation requirements.
(a) No operational licenses shall be issued to any
transporter of commercial medical waste unless that
transporter shows evidence that:
(1) Each vehicle used for the transportation of
commercial medical waste is covered by liability
insurance in an amount specified by the Department
of Health; and
(2) The liability insurance is issued by a company
authorized to do business in this state by the State
Insurance Department.
(b) Companies providing liability insurance for
any transporter of commercial medical waste shall
notify the Department of Health of the cancellation
of any policy providing liability coverage to a trans-
porter at least thirty (30) days prior to cancellation.
History. Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
20-32-111. Scope of authority.
Nothing in this subchapter shall be construed to
affect the authority of cities and counties to enact
zoning regulations or procedures that control the
location of medical waste facilities or sites.
History. Acts 1993, No. 491, § 5; 1993, No. 861, § 5.
20-32-112. Violations — Penalties.
(a) Any person or carrier, or any officer, employee,
agent, or representative thereof, while operating
any vehicle transporting medical waste or which is
authorized to transport medical waste, who shall
violate any of the regulations, including safety regu-
lations, prescribed or hereafter prescribed by the
State Highway Commission pursuant to § 23-1-101
et seq. or who shall violate any regulation of the
Department of Health that specifically relates to the
transportation of medical waste shall be guilty of a
violation.
(b) Upon conviction, that person or carrier, or
officer, employee, agent, or representative thereof,
shall be fined not 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 any subsequent offense.
History. Acts 1993, No. 412, § 2; 2005, No. 1994, § 129.
TITLE 21
PUBLIC OFFICERS AND
EMPLOYEES
CHAPTER 9
LIABILITY OF STATE AND
LOCAL GOVERNMENTS
SUBCHAPTER 3 — LIABILITY OF POLITICAL
SUBDIVISIONS
SECTION
.
21-9-303
. Motor vehicle liability insurance required — Minimum
amounts.
53 20-32-112LIABILITY OF STATE AND LOCAL GOVERNMENTS
21-9-303. Motor vehicle liability insurance
required — Minimum amounts.
(a) All political subdivisions shall carry liability
insurance on their motor vehicles or shall become
self-insurers, individually or collectively, for their
vehicles, or both, in the minimum amounts pre-
scribed in the Motor Vehicle Safety Responsibility
Act, § 27-19-101 et seq.
(b) The combined maximum liability of local gov-
ernment employees, volunteers, and the local gov-
ernment employer in any action involving the use of
a motor vehicle within the scope of their employ-
ment shall be the minimum amounts prescribed in
the Motor Vehicle Safety Responsibility Act, § 27-
19-101 et seq., unless the political subdivision has
purchased insurance coverage or participates in a
self-insurance pool providing for an amount of cov-
erage in excess of the minimum amounts prescribed
in the Motor Vehicle Safety Responsibility Act, § 27-
19-101 et seq., in which event the maximum liability
of the insurer or pool shall be the limits of the
coverage provided for in the policy or agreement.
(c)(1) Any person who suffers injury or damage to
person or property caused by a motor vehicle oper-
ated by an employee, agent, or volunteer of a local
government covered by this section shall have a
direct cause of action against the insurer if insured,
or the governmental entity if uninsured, or the
trustee or chief administrative officer of any self-
insured or self-insurance pool.
(2) Any judgment against a trustee or adminis-
trator of a self-insurance pool shall be paid from pool
assets up to the maximum limit of liability as
provided in this section.
History. Acts 1969, No. 165, § 3; A.S.A. 1947, § 12-2903; Acts
1987, No. 590, § 1; 1987, No. 1064, § 1; 1989 (3rd Ex. Sess.), No. 47,
§ 1.
TITLE 23
PUBLIC UTILITIES AND
REGULATED INDUSTRIES
SUBTITLE 1. PUBLIC UTILITIES
AND CARRIERS
CHAPTER 11
ESTABLISHMENT AND
ORGANIZATION OF RAILROADS
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
23-11-101
. Enforcement of laws or orders on complaint.
23-11-101. Enforcement of laws or orders on
complaint.
It is made the duty of the Arkansas Department of
Transportation, on complaint, to enforce by neces-
sary order any or all laws of this state pertaining to
railroads and express companies.
History. Acts 1907, No. 422, § 6, p. 1137; C. & M. Dig., § 1693;
Pope’s Dig., § 1996; A.S.A. 1947, § 73-126; Acts 2017, No. 707,
§ 153.
CHAPTER 12
OPERATION AND
MAINTENANCE OF RAILROADS
SUBCHAPTER 2 — ROADBEDS AND RIGHTS-OF-
W
AY
SECTION
.
23-12-201
. Maintenance of right-of-way free from obstructions —
Penalty.
23-12-201. Maintenance of right-of-way free
from obstructions — Penalty.
(a)(1) All railroad corporations operating in this
state shall maintain their right-of-way at or around
any railroad crossing of a public road or highway
free from grass, trees, bushes, shrubs, or other
growing vegetation which may obstruct the view of
pedestrians and vehicle operators using the public
highways.
(2) The maintenance of the right-of-way shall be
for a distance of fifty feet (50') on each side of the
centerline between the rails for the maintenance
width and for a distance of one hundred yards (100
yds.) on each side of the centerline from the public
road or highway for the maintenance length.
(b) Any railroad corporation failing or refusing to
comply with the provisions of this section shall be
subject to a fine of not less than one hundred dollars
($100) nor more than five hundred dollars ($500) for
each violation.
History. Acts 1969, No. 464, §§ 1, 2; A.S.A. 1947, §§ 73-631,
73-632; Acts 1993, No. 399, § 1.
S
UBCHAPTER 3 — CROSSINGS AND SWITCHES
SECTION
.
23-12-301
. Railroad crossings to be under supervision of commis-
sion.
23-12-304
. Inspection of road crossings by commission — Hear-
ings and orders.
23-12-301. Railroad crossings to be under su-
pervision of commission.
The State Highway Commission shall have exclu-
sive power to:
5421-9-303 PUBLIC UTILITIES AND REGULATED INDUSTRIES
(1) Determine and prescribe the manner, includ-
ing the particular point, of crossing and the terms of
installation, operation, maintenance, apportion-
ment of expenses, use, and protection of each cross-
ing of one (1) railroad by another railroad or street
railroad by a railroad, so far as applicable;
(2) Alter or abolish any such crossing; and
(3) Require, where, in its judgment, it would be
practical, a separation of grades of any such crossing
and prescribe the terms upon which the separation
shall be made and the proportions in which the
expense of the alteration or abolition of the crossings
or the separation of the grades shall be divided
between the railroad or street railroad corporations
affected or between the corporations and the state,
county, municipality, or other public authority in
interest.
History. Acts 1919, No. 571, § 9; C. & M. Dig., § 1643; Pope’s
Dig., § 1964; A.S.A. 1947, § 73-121; Acts 1993, No. 399, § 2.
23-12-304. Inspection of road crossings by
commission — Hearings and orders.
(a)(1) It shall be the duty of the State Highway
Commission, or any representative of it, to inspect
any road or street crossing in this state, either on its
own initiative or when its attention is called to it by
any citizen.
(2) Upon a hearing the commission may make an
order requiring the railroad company to protect the
crossing in any manner which it considers just and
reasonable, whether the crossings are at grade or
over or under crossing and whether a public or
private crossing.
(b)(1) It shall further be the duty of the commis-
sion, or any representative thereof, to make a per-
sonal inspection of any designated place where it is
desired that a road or street, either public or private,
cross any railroad in this state.
(2) Upon ten (10) days’ notice as required by law
and after a public hearing, the commission may
make such order as in its judgment shall be just and
proper. The order may provide for a crossing at
grade, over or under the railroad, and shall be
enforced as other orders made by the commission.
(c) By applicable federal law, the United States
Congress has declared that laws, rules, regulations,
orders, and standards relative to railroad safety
shall be nationally standard to the extent practi-
cable and that each state shall conduct and main-
tain a survey of all crossings and assign priorities
from a safety standpoint for appropriate improve-
ments and protective devices. The commission has
made the survey, given the crossings in Arkansas
hazardous index ratings, and now administers the
crossing safety program in Arkansas. In view of the
above, the commission is hereby designated as the
sole public body to deal with, and shall have exclu-
sive jurisdiction over, the location and construction
of new, and the improving and protecting of new and
existing, street, road, and highway railroad cross-
ings in Arkansas.
History. Acts 1913, No. 272, §§ 1-3; C. & M. Dig., §§ 1644, 1645;
Pope’s Dig., §§ 1965, 1966; A.S.A. 1947, §§ 73-621, 73-622, 73-
622n; Acts 1991, No. 1226, § 1.
S
UBCHAPTER 10 — RAILROAD SAFETY AND
REGULATORY ACT OF 1993
SECTION.
23-12-1001
. Title.
23-12-1002
. Jurisdiction.
23-12-1003
. Maintenance of crossings of public roads and rail-
roads — Failure to comply — Penalties.
23-12-1004
. Powers and duties.
23-12-1005
. Inadequate action or unreasonable refusal — Action
on complaint.
23-12-1006
. Operation and movement of trains — Regulations,
penalties, and enforcement.
23-12-1007
. Investigations — Regulations.
23-12-1008
. Unlawful delay — Action on complaint.
23-12-1001. Title.
This subchapter may be referred to as the “Rail-
road Safety and Regulatory Act of 1993”.
History. Acts 1993, No. 726, § 2.
23-12-1002. Jurisdiction.
The State Highway Commission administers the
railroad crossing safety program in Arkansas and
has heretofore been designated by the General As-
sembly as the sole public body to deal with and has
been given exclusive jurisdiction concerning the
location, construction, improvement, and protection
of railroad crossings in Arkansas. It is in the public’s
interest and safety that uniformity be established in
other matters pertaining to the maintenance of
railroad crossings and the operation and movement
of trains in this state.
History. Acts 1993, No. 726, § 1.
23-12-1003. Maintenance of crossings of pub-
lic roads and railroads — Failure to comply
— Penalties.
The State Highway Commission is hereby desig-
nated as the sole public body to deal with and is
hereby given exclusive jurisdiction over all matters
pertaining to the maintenance of any location where
any railroad crosses any public road, highway, or
street in this state or where any public road, high-
way, or street crosses any railroad.
History. Acts 1993, No. 726, § 3.
23-12-1004. Powers and duties.
(a) The State Highway Commission shall make
such investigation and studies as it deems necessary
55 23-12-1004OPERATION AND MAINTENANCE OF RAILROADS
to properly exercise the jurisdiction hereby con-
ferred and shall involve Arkansas counties, munici-
palities, and railroads operating within this state
and unions representing railroad employees.
(b) Pursuant to regulation providing for an oppor-
tunity of notice and hearing, the commission shall
promulgate appropriate regulations pertaining to
the maintenance of railroad crossings of state,
county, city, or municipal streets and highways.
History. Acts 1993, No. 726, § 3.
23-12-1005. Inadequate action or unreason-
able refusal — Action on complaint.
(a)(1)(A) Prior to any request by a state, munici-
pal, or county official for sanctions against any
railroad company for violation of any regulation
promulgated pursuant to this subchapter, the
state, municipal, or county official shall state the
claim or complaint in writing by certified mail to
the registered agent of the railroad company in
question.
(B)(i) Within forty-five (45) days after the re-
ceipt of the written claim or complaint by the
railroad company, the railroad company shall re-
spond to the claim or complaint, stating with
specificity the corrective action taken, any correc-
tive or remedial action planned and the time for
its completion, or the reason for any refusal on the
part of the railroad to correct the situation.
(ii) This response shall be in writing to the
complaining official by certified mail.
(2)(A) In the event the issue is not then resolved
to the satisfaction of the complaining official, the
official shall notify the State Highway Commis-
sion in writing.
(B)(i) Within sixty (60) days after receipt of the
complaint, the commission shall hold a hearing on
the complaint.
(ii) Notice of the hearing shall be given the
railroad and the complainant at least twenty (20)
days before the hearing.
(C) After appropriate notice and hearing on the
complaint and within twenty (20) days after the
hearing, the commission or its designated repre-
sentative shall determine the adequacy of the
railroad’s action or the reasonableness of its re-
fusal under the circumstances.
(3)(A) If the commission makes a finding of inad-
equate action or unreasonable refusal on the part
of the railroad based on information presented at
a hearing before the commission or before a des-
ignated representative of the commission, the
railroad company charged with the violation shall
be subject to a penalty of not less than two
hundred dollars ($200) nor more than ten thou-
sand dollars ($10,000) per occurrence, the penalty
to be assessed by the commission.
(B)(i) The decision of the commission may be
appealed to the circuit court of the county in which
the violation occurred at any time within thirty
(30) days after the decision is rendered.
(ii) Provided, the decision of the commission
shall be final unless appealed as authorized
herein.
(b)(1) If the state owns the highway where the
questioned crossing is located, all moneys recovered
under the provisions of this section shall be placed
into the State Highway and Transportation Depart-
ment Fund.
(2) All other moneys recovered under this section
shall be divided equally between the State Highway
and Transportation Department Fund and the gen-
eral, road, or highway fund of the county or munici-
pality which owns the highway, road, or street where
the questioned crossing is located.
History. Acts 1993, No. 726, § 3; 1995, No. 668, § 1.
23-12-1006. Operation and movement of
trains — Regulations, penalties, and enforce-
ment.
The State Highway Commission is hereby desig-
nated as the sole public body to deal with, and is
hereby given exclusive jurisdiction over, all matters
pertaining to the operation and movement of trains
within this state including, but not limited to, the
obstruction of any public highway, road, street, or
other railroad crossing or public property by a stand-
ing train.
History. Acts 1993, No. 726, § 4.
23-12-1007. Investigations — Regulations.
(a)(1) The State Highway Commission shall make
such investigations as it deems necessary, or as
requested by state, municipal, or county officials, to
properly exercise the exclusive jurisdiction hereby
conferred and pursuant to required notice and hear-
ing shall promulgate all necessary orders or regula-
tions concerning train operation, train movement,
permissible standing time for trains, and all other
related matters.
(2) The investigation of crossings shall include,
but is not limited to, the reasonable availability or
use of other crossings by vehicular or pedestrian
traffic, the frequency and necessity of use of the
railroad crossing by railroad trains and vehicular
and pedestrian traffic, the restriction of emergency
and law enforcement vehicles using the crossing,
and the hours of frequent use of the crossing.
(3) In the investigation, the commission shall
seek the advice of Arkansas counties, municipalities,
railroads operating within this state, and unions
representing railroad employees.
(b) Provided, unless and until the commission by
order or regulation provides otherwise, it is unlaw-
ful for any corporation, company, or person owning
or operating any railroad trains in the state to
permit a standing train to obstruct any public high-
5623-12-1005 PUBLIC UTILITIES AND REGULATED INDUSTRIES
way, road, street, or other railroad crossing for more
than ten (10) minutes.
History. Acts 1993, No. 726, § 4.
23-12-1008. Unlawful delay — Action on com-
plaint.
(a)(1)(A) Prior to any request by a state, munici-
pal, or county official for sanctions against a
railroad company for violation of this section and
§§ 23-12-1006 and 23-12-1007, the state, munici-
pal, or county official shall state the claim or
complaint in writing, by certified mail, to the
registered agent of the railroad company in ques-
tion.
(B)(i) Within forty-five (45) days after the re-
ceipt of the written claim or complaint by the
railroad company, the railroad company shall re-
spond to the claim or complaint stating with
specificity the reasons for obstructing a crossing
for an unlawful period of time.
(ii) This response shall be in writing to the
complaining official by certified mail.
(2)(A) In the event the issue is not then resolved
to the satisfaction of the complaining official, the
official shall notify the State Highway Commis-
sion in writing and shall enclose a copy of the
complaint and response.
(B)(i) Within sixty (60) days after receipt of the
notice, the commission shall hold a hearing on the
complaint.
(ii) Notice of the hearing shall be given the
railroad and the complainant at least twenty (20)
days before the hearing.
(C) The commission or its designated represen-
tative, after an appropriate notice and hearing on
the complaint, shall determine whether the ob-
struction was for an unlawful period of time under
the circumstances.
(3)(A) If the commission makes such a finding of
unlawful delay based on information presented at
a hearing before the commission or before its
designated representative, the railroad company
charged with the violation shall be subject to a
penalty to be imposed by the commission of not
less than two hundred dollars ($200) nor more
than five hundred dollars ($500) per occurrence.
(B)(i) The decision of the commission may be
appealed to the circuit court of the county in which
the violation occurred at any time within thirty
(30) days after the decision is rendered.
(ii) Provided, the decision of the commission
shall be final unless appealed as authorized
herein.
(b) After the initial ten-minute period or such
other period as may be prescribed by regulation of
the commission, each ten-minute period or other
period as may be prescribed by regulation of the
commission that the crossing is obstructed by a
standing train shall constitute a separate offense,
and penalties may be imposed accordingly.
(c)(1) If the crossing where a violation occurs is
located within the boundaries of a city or town,
one-half (½) of the moneys recovered under the
provisions of this section and §§ 23-12-1006 and
23-12-1007 shall be placed in the general fund or
street fund of the municipality and one-half (½) of
the funds shall be placed in the State Highway and
Transportation Department Fund.
(2) All other moneys recovered under the provi-
sions of this section shall be divided equally between
the State Highway and Transportation Department
Fund and the general road fund of the county in
which the violation occurred.
History. Acts 1993, No. 726, § 4; 1995, No. 668, § 2.
CHAPTER 13
MOTOR CARRIERS
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
23-13-101
. [Repealed.]
23-13-102
. Inspection of licensees — Employment of inspectors —
Restraining operations.
23-13-101. [Repealed.]
Publisher’s Notes. This section, concerning hours of duty and
rest period of drivers, penalties, and exceptions, was repealed by
Acts 2005, No. 1691, § 1. The section was derived from Acts 1931,
No. 157, §§ 1-3; Pope’s Dig., §§ 3450-3452; A.S.A. 1947, §§ 73-1744
— 73-1746; Acts 1993, No. 1212, § 1.
23-13-102. Inspection of licensees — Employ-
ment of inspectors — Restraining operations.
(a) The Arkansas Department of Transportation
shall have the right to employ one (1) or more
inspectors as may be needed for the purpose of
making inspections of licensees from time to time.
(b) If any person, firm, or corporation is operating
without complying with the provisions of this act,
then the Attorney General or any interested party
may institute suit in any circuit court where service
on the defendant may be had, restraining the fur-
ther operation of motor vehicles by the person, firm,
or corporation until the provisions of this act are
complied with.
(c) Nothing contained in this act shall be con-
strued to relieve any motor vehicle carrier from any
regulation imposed by law or lawful authority.
History. Acts 1927, No. 99, §§ 11, 13; Pope’s Dig., § 2029; A.S.A.
1947, §§ 73-1728, 73-1728n; Acts 2017, No. 707, § 182.
S
UBCHAPTER 2 — ARKANSAS MOTOR CARRIER
ACT, 1955
SECTION.
23-13-202
. Purpose.
57 23-13-102MOTOR CARRIERS
SECTION.
23-13-203
. Definitions.
23-13-204
. Applicability of subchapter.
23-13-205
. Interstate commerce unaffected by subchapter.
23-13-206
. Exemptions.
23-13-207
. Regulation by department.
23-13-208
. General duties and powers of department.
23-13-217
. Enforcement officers.
23-13-222
. Permits for contract carriers — Requirement.
23-13-225
. Permits for contract carriers — Terms and conditions
— Contracts for services.
23-13-228
. Transportation of persons or property in interstate
commerce on public highways unlawful without
adequate surety.
23-13-229
. Temporary authority.
23-13-230
. Brokers — Licenses — Rules and regulations for pro-
tection of public.
23-13-233
. Certificates, permits, and licenses — Amendment, re-
vocation, and suspension.
23-13-234
. Operation without certificate or permit prohibited —
Violation of terms, conditions, etc., of certificate,
permit, or license prohibited.
23-13-236
. Common carriers — Duties as to transportation of
passengers and property — Rates, charges, rules,
regulations, etc.
23-13-253, 23-13-254
. [Repealed.]
23-13-255
. Access to property, equipment, and records.
23-13-256
. Identification of equipment.
23-13-257
. Violations by carriers, shippers, brokers, etc., or em-
ployees, agents, etc. — Penalties.
23-13-258
. Operation of motor vehicle while in possession of,
consuming, or under influence of any controlled
substance or intoxicating liquor prohibited —
Definition.
23-13-259
. Lessor to unauthorized persons deemed motor carrier.
23-13-260
. Violations of subchapter — Jurisdiction of cases.
23-13-261
. Injunction against violation of subchapter, rules, regu-
lations, etc., or terms and conditions of certificate,
permit, or license.
23-13-262
. Actions to recover penalties.
23-13-263
. Lien declared to secure payment of fines and penalties.
23-13-264
. Disposition of forfeited bonds and fines.
23-13-265
. Exempt motor carrier to possess annual receipt.
23-13-202. Purpose.
It is declared that it is necessary in the public
interest to regulate transportation by motor carriers
in such manner as to:
(1) Recognize and preserve the inherent advan-
tages of and foster sound economic conditions in
such transportation and among such carriers;
(2) Promote adequate, economical, and efficient
service by motor carriers and reasonable charges
therefor, without unjust discriminations, undue
preferences or advantages, and unfair or destructive
competitive practices;
(3) Develop and preserve a highway transporta-
tion system properly adapted to the needs of the
commerce of the State of Arkansas and the national
defense; and
(4) Cooperate with the United States Govern-
ment, other departments of the State of Arkansas,
regulatory bodies of other states and the duly autho-
rized officials thereof, and with any organization of
motor carriers in the administration and enforce-
ment of this subchapter.
History. Acts 1955, No. 397, § 2; A.S.A. 1947, § 73-1755.
23-13-203. Definitions.
(a) As used in this subchapter, unless the context
otherwise requires:
(1) “Broker” means any person not included in the
term “motor carrier” and not a bona fide employee or
agent of any motor carrier.A “broker”, as principal or
agent, sells or offers for sale any transportation
subject to this subchapter, or negotiates for, or holds
himself or herself or itself out by solicitation, adver-
tisement, or otherwise as one who sells, provides,
furnishes, contracts, or arranges for such transpor-
tation;
(2) “Certificate” means a certificate of public con-
venience and necessity issued under authority of the
laws of the State of Arkansas to common carriers by
motor vehicle;
(3) “Commercial zone” means any municipality
within this state together with that area outside the
corporate limits of any municipality which is pre-
scribed by the Interstate Commerce Commission
[abolished] as a commercial zone;
(4) “Common carrier by motor vehicle” means any
person who or which undertakes, whether directly
or indirectly, or by lease of equipment or franchise
rights, or any other arrangement, to transport pas-
sengers or property or any classes of property for the
general public by motor vehicle for compensation
whether over regular or irregular routes;
(5) “Contract carrier by motor vehicle” means any
person not a common carrier included under subdi-
vision (a)(4) of this section who or which, under
individual contracts or agreements, and whether
directly or indirectly or by lease of equipment or
franchise rights or any other arrangements, trans-
ports passengers or property by motor vehicle for
compensation;
(6) [Repealed.]
(7) “Highway” means the public roads, highways,
streets, and ways in the State of Arkansas;
(8)(A) “Household goods carrier” means any mo-
tor carrier transporting:
(i) Personal effects and property used or to be
used in a dwelling when it is a part of the
equipment or supply of the dwelling;
(ii) Furniture, fixtures, equipment, and the
property of stores, offices, museums, institutions,
hospitals, or other establishments when they are a
part of the stock, equipment, or supply of the
stores, offices, museums, institutions, hospitals, or
other establishments; and
(iii) Articles, including objects of art, displays
and exhibits, voting machines and tabulating ma-
chines, including the auxiliary machines or com-
ponent parts as are necessary to the performance
of a complete tabulating process, including, but
not limited to, punches, sorters, computers, veri-
fiers, collators, reproducers, interpreters, multi-
pliers, wiring units, and control panels and spare
parts therefor, which because of the unusual na-
ture or value require specialized handling and
5823-13-202 PUBLIC UTILITIES AND REGULATED INDUSTRIES
equipment usually employed in moving household
goods.
(B)(i) The household goods carriers shall con-
tinue to be regulated by the department in accor-
dance with this subchapter and all rules and
regulations made and promulgated by the depart-
ment.
(ii) Provided, a household goods carrier upon
application with the department shall not be re-
quired to prove that the proposed services or
operations are required by the present or future
public convenience and necessity, nor shall the
rates of such household goods carriers be subject
to regulation by the department;
(9) “Interested parties” includes, in all cases, all
carriers operating over the routes or any part
thereof or in the territory involved in any applica-
tion for a certificate of convenience and necessity or
a permit, or any application to file or change any
schedule or rates, charges, fares, or any rule, regu-
lation, or practice, and such other parties as the
department may deem interested in the particular
matter;
(10) “Irregular route” means that the route to be
used by a motor carrier is not restricted to any
specific highways within the area the motor carrier
is authorized to serve;
(11) “Lease” means, as used in connection with
the term “motor vehicle”, the rental of a motor
vehicle by a lessor to a lessee, except to an autho-
rized carrier, with nothing furnished except neces-
sary maintenance;
(12) “License” means a license issued under this
subchapter to a broker;
(13) “Motor carrier” includes both a common car-
rier by motor vehicle and a contract carrier by motor
vehicle and any person performing for-hire transpor-
tation service without authority from the depart-
ment;
(14) “Motor vehicle” means any vehicle, machine,
tractor, trailer, or semitrailer propelled or drawn by
mechanical power and used upon the highways in
the transportation of passengers or property or any
combination thereof determined by the department,
but it does not include any vehicle, locomotive, or car
operated exclusively on rails;
(15) “Occasional” means the transportation of
persons or property where an emergency exists at
the time or place and no authorized service is
immediately available;
(16) “Permit” means a permit issued under au-
thority of the laws of the State of Arkansas to
contract carriers by motor vehicle;
(17) “Person” means any individual, firm, copart-
nership, corporation, company, association, or joint-
stock association and includes any trustee, receiver,
assignee, or personal representative thereof;
(18) “Private carrier” means any person engaged
in the transportation by motor vehicle upon public
highways of persons or property, or both, but not as
a common carrier by motor vehicle or a contract
carrier by motor vehicle and includes any person
who transports property by motor vehicle, where the
transportation is incidental to or in furtherance of
any commercial enterprise of the person, which
enterprise is one other than transportation; and
(19) “Regular route” means a fixed, specific, and
determined course to be traveled by a motor carrier’s
vehicles rendering service to, from, or between vari-
ous points, localities, or municipalities in this state.
(b) The “services” and “transportation” to which
this subchapter applies includes all vehicles oper-
ated by, for, or in the interest of any motor carrier
irrespective of ownership or of contract, express or
implied, together with all facilities and property
operated or controlled by any such carrier and used
in the transportation of passengers or property or in
the performance of any service in connection there-
with.
History. Acts 1955, No. 397, § 5; A.S.A. 1947, § 73-1758; Acts
1995, No. 746, § 2; 2017, No. 707, § 183.
23-13-204. Applicability of subchapter.
(a) The provisions of this subchapter, except as
specifically limited in this subchapter, shall apply to
the transportation of passengers or property by
motor carriers over public highways of this state and
the procurement of, and provisions of, facilities for
such transportation.
(b) Provided, nothing contained in this subchap-
ter shall be construed to authorize the regulation of
intrastate fares for the transportation of passengers
by bus by an interstate motor carrier of passengers
over any routes authorized by the Interstate Com-
merce Commission [abolished].
(c) Provided, further, nothing contained in this
subchapter shall be construed to abrogate the laws
of this state or any authority of the State Highway
Commission with regard to the routing of hazardous
materials.
History. Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756; Acts
1995, No. 746, § 1.
23-13-205. Interstate commerce unaffected by
subchapter.
Nothing in this subchapter shall be construed to
interfere with the exercise by agencies of the United
States Government of its power of regulation of
interstate commerce.
History. Acts 1955, No. 397, § 4; A.S.A. 1947, § 73-1757.
23-13-206. Exemptions.
(a) Nothing in this subchapter shall be construed
to include:
(1)(A) Motor vehicles:
(i) Employed solely in transporting school chil-
dren and teachers to or from school; and
59 23-13-206MOTOR CARRIERS
(ii) Used in carrying:
(a) Set-up houses;
(b) Ordinary livestock;
(c) Unprocessed fish, including shellfish;
(d) Unprocessed agricultural commodities;
(e) Baled cotton;
(f) Cottonseed;
(g) Cottonseed meal;
(h) Cottonseed hulls;
(i) Cottonseed cake;
(j) Rice hulls;
(k) Rice bran;
(l) Rice mill feed;
(m) Rice mill screenings;
(n) Soybean meal; and
(o) Commercial fertilizer, but not including the
component parts used in the manufacture thereof.
(B) However, carriers of such exempt commodi-
ties and passengers shall be subject to safety of
operation and equipment standards provisions
prescribed or hereafter prescribed by the State
Highway Commission.
(C) Additionally, for-hire carriers of such ex-
empt commodities shall file with the commission
evidence of security for the protection of the public
in the same amount and to the same extent as
nonexempt carriers, as provided in § 23-13-227;
(2)(A) Taxicabs or other motor vehicles perform-
ing a bona fide taxicab service.
(B) “Bona fide taxicab service”, as employed in
this section, means and refers only to service
rendered by motor-driven vehicles having a seat-
ing capacity not in excess of six (6) passengers and
used for the transportation of persons for hire,
which vehicles are owned and operated by a per-
son, firm, or corporation authorized by the govern-
ing authorities of municipalities to conduct a
taxicab business over or upon the streets and
public ways;
(3) Any private carrier of property and motor
vehicles employed in the hauling of gravel, rock,
dirt, bituminous mix materials, riprap, quarried
stone, crushed stone, and similar materials, and any
movements and services performed by wreckers and
wrecker services. Provided, all of the above private
carriers, motor vehicles, and wrecker and wrecker
services shall be subject to the provisions prescribed,
including all regulations made and promulgated
pursuant to this subchapter, with respect to safety of
operation and equipment standards;
(4) Trolley buses operated by electric power or
other buses furnishing local passenger transporta-
tion similar to street railway service, unless and to
the extent that the commission shall from time to
time find that such an application is necessary to
carry out the policy of this subchapter as to safety of
operation or standards of equipment, apply to:
(A)(i) The transportation of passengers or prop-
erty wholly within a municipality or between
contiguous municipalities or within a commercial
zone, as defined in § 23-13-203, adjacent to, and
commercially a part of, any such municipalities,
except when the transportation is under a com-
mon control, management, or arrangement for a
continuous carriage, or shipment to or from a
point outside such municipalities or zone, and
provided that the motor carrier engaged in such
transportation of passengers over regular or ir-
regular routes is also lawfully engaged in the
intrastate transportation of passengers over the
entire length of the routes in accordance with the
laws of this state.
(ii) The rights, duties, and privileges of any
motor carrier previously granted a certificate of
convenience and necessity by the commission to
operate in, through, to, or from municipalities or
in, through, to, or from a commercial zone or
territory contiguous to a municipality shall not be
impaired or abridged by reason of the subsequent
annexation of the municipality or territory by
another municipality, and any such motor carrier
shall remain subject to the exclusive jurisdiction
and control of the commission; or
(B) The occasional or reciprocal transportation
of passengers or property for compensation:
(i) By any person not engaged in transportation
by motor vehicle as a regular occupation or busi-
ness, except when such transportation is sold,
offered for sale, provided, procured, or furnished
or arranged for;
(ii) By any person who holds himself or herself
or itself out as one who sells or offers for sale
transportation wholly or partially subject to this
subchapter, or negotiates for, or holds himself or
herself or itself out, by solicitation, advertise-
ments, or otherwise, as one who sells, provides,
furnishes, contracts, or arranges for such trans-
portation; or
(iii) By any person or his or her or its agent,
servant, or employee who regularly engages in the
exempt transportation of passengers for hire;
(5) Motor vehicles controlled and operated by an
agricultural cooperative association as defined in
§ 2-2-101 et seq. and §§ 2-2-201, 2-2-202, and 2-2-
401 — 2-2-428 or any similar act of another state or
by the United States Agricultural Marketing Act, as
amended, or by a federation of such cooperative
associations, if the federation possesses no greater
powers or purposes than cooperative associations so
defined;
(6) Motor carriers of property, except household
goods carriers. Provided, the motor carriers of prop-
erty shall be subject to all safety of operation and
equipment standards provisions prescribed by the
commission. Provided, further, all motor carriers of
property shall be subject to the provisions of §§ 23-
13-252 and 23-13-265 and all rules and regulations
made and promulgated by the commission with
respect to financial fitness and insurance require-
ments;
(7)(A) The transportation of passengers by pri-
vate or public motor carrier either under contract
6023-13-206 PUBLIC UTILITIES AND REGULATED INDUSTRIES
or by cooperative agreement with the State of
Arkansas when the transportation is provided
exclusively in connection with, or as a result of,
federally or state-funded assistance programs
serving the public need.
(B) Provided, the motor carriers shall be sub-
ject to the provisions prescribed, including all
regulations made and promulgated pursuant to
this subchapter, with respect to safety of operation
and equipment standards; and
(8) The transportation of passengers in a private
vehicle with a maximum seating capacity of fifteen
(15) passengers, including the driver, provided the
transportation is for the purposes of vanpooling or
carpooling.
(b) In addition, the following are declared to be
exempt from this subchapter except to the extent
that the vehicles transporting the following products
shall be subject to the safety and equipment stan-
dards of the commission:
(1) The transportation of live poultry, unmanufac-
tured products of poultry, and related commodities.
Poultry, unmanufactured products of poultry, and
related commodities include the following:
(A) Additives, such as injected butter, gravy,
seasoning, etc., in an amount not in excess of five
percent (5%) by weight, sold in or along with
uncooked poultry;
(B) Advertising matter, in reasonable amounts,
transported along with poultry and poultry prod-
ucts;
(C) Blood of poultry from which corpuscles have
been removed by centrifugal force;
(D) Carcasses:
(i) Raw, in marble-size chunks;
(ii) Cut up, raw;
(iii) Cut up, precooked or cooked;
(iv) Breaded or battered;
(v) Cut up, precooked or cooked, marinated,
breaded, or battered;
(vi) Deboned, cooked or uncooked; and
(vii) Deboned, cooked or uncooked, in rolls or
diced;
(E) Dinners, cooked;
(F) Dressed;
(G) Eggs, albumen, liquid;
(H) Eggs, albumen, liquid, pasteurized;
(I) Eggs, dried;
(J) Eggs, frozen;
(K) Eggs, liquid, whole or separated;
(L) Eggs, oiled;
(M) Eggs, omelet mix consisting of fresh broken
eggs and milk with minute amounts of salt and
pepper and seasoning, packaged;
(N) Eggs, powder, dried;
(O) Eggs, shelled;
(P) Eggs, whites;
(Q) Eggs, whole, with added yolks, dried;
(R) Eggs, whole, with added yolks;
(S) Eggs, whole standardized by substraction of
whites;
(T) Eggs, yolks, dried;
(U) Eggs, yolks, liquid;
(V) Eggs, yolks;
(W) Fat, as removed from poultry, not cooked;
(X) Feathers;
(Y) Feathers, ground or feather meal;
(Z) Feathers, ground, combined with dehy-
drated poultry offal;
(AA) Offal, including blood and natural by-
products of the killing and processing of poultry
for market;
(BB) Picked;
(CC) Rolled in batter but uncooked;
(DD) Rolls, containing sectioned and deboned
poultry, cooked;
(EE) Sticks, cooked;
(FF) Stuffed; and
(GG) Stuffing, packed with, but not in, bird;
(2) The transportation of livestock and poultry
feed including all materials or supplementary sub-
stances necessary or useful to sustaining the life or
promoting the growth of livestock or poultry, if such
products, excluding products otherwise exempt un-
der this section, are transported to a site of agricul-
tural production or to a business enterprise engaged
in the sale to agricultural producers of goods used in
agricultural production;
(3) The transportation of sawdust, wood shav-
ings, and wood chips; and
(4) The transportation of ethylene glycol anti-
freeze, gasoline, diesel, liquefied petroleum gas,
kerosene, aviation gasoline, and jet fuel.
(c)(1) Except as otherwise provided in this sub-
chapter, the transportation of passengers by motor
vehicle shall continue to be regulated by the com-
mission.
(2) Provided, a carrier of passengers, which car-
rier proposes strictly charter services or charter
operations for the transportation of passengers,
upon application with the commission, shall not be
required to prove that the proposed charter services
or charter operations are required by the present or
future public convenience and necessity.
History. Acts 1955, No. 397, § 5; 1963, No. 89, § 1; 1963, No.
220, § 1; 1971, No. 175, § 1; 1971, No. 335, § 1; 1983, No. 74, § 1;
1985, No. 438, § 1; 1985 (1st Ex. Sess.), No. 23, § 1; 1985 (1st Ex.
Sess.), No. 29, § 1; A.S.A. 1947, §§ 73-1758, 73-1758.1; Acts 1991,
No. 33, § 1; 1991, No. 296, § 1; 1995, No. 746, § 2.
23-13-207. Regulation by department.
The regulation of the transportation of passengers
or property by motor carriers over the public high-
ways of this state, the procurement thereof, and the
provisions of facilities is vested in the Arkansas
Department of Transportation.
History. Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756; Acts
2017, No. 707, § 184.
61 23-13-207MOTOR CARRIERS
23-13-208. General duties and powers of de-
partment.
It shall be the duty of the Arkansas Department of
Transportation:
(1) To regulate common carriers by motor vehicle
as provided in this subchapter. To that end, the
department may establish reasonable requirements
with respect to continuous and adequate service and
transportation of baggage and express. It may es-
tablish reasonable requirements with respect to
uniform systems of accounts, records, and reports,
preservation of records, and safety of operation and
equipment which shall conform as nearly as may be
consistent with the public interest to the systems of
accounts, records, and reports and the requirements
as to the preservation of records and safety of
operation and equipment now prescribed or which
from time to time may be prescribed by the Inter-
state Commerce Commission [abolished] for com-
mon carriers by motor vehicles engaged in interstate
or foreign commerce;
(2) To regulate contract carriers by motor vehicle
as prescribed by this subchapter. To that end, the
department may establish reasonable requirements
with respect to uniform systems of accounts, re-
cords, and reports, preservation of records, and
safety of operation and equipment now prescribed or
which may from time to time be prescribed by the
Interstate Commerce Commission [abolished] for
contract carriers by motor vehicles engaged in inter-
state or foreign commerce;
(3) To regulate private carriers, as defined in this
subchapter, with respect to safety of their operations
and equipment;
(4) To regulate brokers as provided in this sub-
chapter. To that end, the department may establish
reasonable requirements with respect to licensing,
financial responsibility, accounts, records, reports,
operations, and practices of any such persons;
(5) To avail itself of the assistance of any of the
several research agencies of the federal government
and of any agency of this state having special
knowledge of any such matter, for the purpose of
carrying out the provisions pertaining to safety;
(6) To administer, execute, and enforce all other
provisions of this subchapter, to make all necessary
orders in connection therewith, and to prescribe
rules, regulations, and procedures for such admin-
istration; and
(7) Upon complaint in writing to the department
by any person, state board, organization, or body
politic, or upon the department’s own initiative
without complaint, to investigate whether any mo-
tor carrier or broker has failed to comply with any
provisions of this subchapter or with any require-
ments thereof. If the department finds upon inves-
tigation that the motor carrier or broker has failed to
comply therewith, the department shall issue appro-
priate order to compel the carrier or broker to
comply therewith. Whenever the department is of
the opinion that any complaint does not state rea-
sonable grounds for investigation and action on its
part, it may dismiss that complaint.
History. Acts 1955, No. 397, § 6; A.S.A. 1947, § 73-1759; Acts
2017, No. 707, § 185.
23-13-217. Enforcement officers.
(a) The State Highway Commission shall name
and designate enforcement officers charged with the
duty of policing and enforcing the provisions of this
subchapter.
(b) The enforcement officers shall have authority
to enforce § 27-50-308 and the Omnibus DWI or
BWI Act, § 5-65-101 et seq., and shall have author-
ity to make arrests for violation of any of the
provisions of this subchapter, orders, rules, and
regulations of the commission and to serve any
notice, order, or subpoena issued by any court, the
commission, its secretary, or any employee autho-
rized to issue same, and to this end shall have full
authority with jurisdiction within the entire State of
Arkansas.
(c)(1) For the purpose of determining whether
any motor vehicle or the operator of that vehicle is in
compliance with the rules and regulations of the
commission with respect to safety of operations and
equipment or any other provision of this chapter,
provided the operator is engaged in intrastate or
interstate movements on the highways, roads, and
streets of this state and the operator or vehicle is
subject to the rules and regulations, the enforcement
officers shall be authorized to:
(A) Require the operator of the vehicle to stop,
exhibit, and submit for inspection all documents
required to be carried in that vehicle or by that
operator pursuant to the regulations regarding
the operator or operators of that vehicle, includ-
ing, but not limited to, the operator or driver’s
duty status or hours-of-service records, bills of
lading, waybills, invoices, or other evidences of the
character of the lading being transported in the
vehicle, as well as all records required to be
carried by the regulations concerning that vehicle;
(B) Inspect the contents of the vehicle for the
purpose of comparing the contents with bills of
lading, waybills, invoices, or other evidence of
ownership or of transportation for compensation;
and
(C) Require the operator to submit the vehicle
for a safety inspection pursuant to the rules and
regulations, if deemed necessary by the officers.
(2) If the operator does not produce sufficient or
adequate documents regarding his or her operation
of the vehicle in conformance with the rules and
regulations or is determined by the officers to be out
of compliance with the rules and regulations, in
addition to any other action that may be taken by
the officers pursuant to the provisions of this sub-
chapter, the officers shall be authorized to immedi-
ately place that operator out of service in accordance
with the rules and regulations.
6223-13-208 PUBLIC UTILITIES AND REGULATED INDUSTRIES
(3)(A) If the operator does not produce sufficient
or adequate documents regarding the vehicle in
conformance with the rules and regulations, the
vehicle is determined by the officers to be out of
compliance with the rules and regulations.
(B) If the operator refuses to submit the vehicle
to a safety inspection in conformance with the
rules and regulations or if the officer or officers
determine the vehicle is unsafe for further opera-
tion following a safety inspection in accordance
with the rules and regulations, in addition to any
other action that may be taken by the officers
pursuant to this subchapter, the officers shall be
authorized to immediately place that vehicle out
of service in conformance with the rules and
regulations.
(d) It shall be the further duty of the enforcement
officers to impound any books, papers, bills of lading,
waybills, and invoices that would indicate the trans-
portation service being performed is in violation of
this subchapter, subject to the further orders of the
court having jurisdiction over the alleged violation.
History. Acts 1955, No. 397, § 7; A.S.A. 1947, § 73-1760; Acts
1989, No. 306, § 1; 1997, No. 1026, § 1; 2003, No. 1121, § 1; 2015,
No. 299, § 31.
23-13-222. Permits for contract carriers —
Requirement.
No person shall engage in the business of a
contract carrier by motor vehicles over any public
highways in this state unless there is in force with
respect to the carrier a permit issued by the Arkan-
sas Department of Transportation authorizing such
persons to engage in such business.
History. Acts 1955, No. 397, § 11; A.S.A. 1947, § 73-1764; Acts
2017, No. 707, § 198.
23-13-225. Permits for contract carriers —
Terms and conditions — Contracts for ser-
vices.
(a) The State Highway Commission shall specify
in the permit for a contract carrier by motor vehicle
the business of the contract carrier covered thereby
and the scope thereof. The commission shall attach
to the permit, at the time of issuance, and from time
to time thereafter, such reasonable terms, condi-
tions, and limitations consistent with the character
of the holder as a contract carrier as are necessary to
carry out, with respect to the operations of such a
carrier, the requirements established by the com-
mission under this subchapter.
(b)(1) The commission shall not issue any permit
which will authorize any contract carrier to have in
effect, at any one time, more than six (6) contracts,
such contracts to be filed with and approved by the
commission prior to granting of such authority.
(2) When any contract expires, the commission
shall be given notice thereof, and if any new contract
is substituted or added, the contract shall be filed
with and approved by the commission before opera-
tion thereunder.
(c) No permit issued under this subchapter shall
confer any proprietary or property rights in the use
of public highways.
History. Acts 1955, No. 397, § 11; 1961, No. 191, § 1; A.S.A.
1947, § 73-1764; Acts 1993, No. 1020, § 1.
23-13-228. Transportation of persons or prop-
erty in interstate commerce on public high-
ways unlawful without adequate surety.
It is declared unlawful for any motor carrier to use
any of the public highways of this state for the
transportation of persons or property in interstate
commerce unless there is in force with respect to the
motor carrier adequate surety for the protection of
the public.
History. Acts 1955, No. 397, § 25; 1977, No. 468, § 1; A.S.A.
1947, § 73-1778; Acts 1993, No. 1027, § 1; 2007, No. 232, § 3.
23-13-229. Temporary authority.
(a) To provide motor carrier service for which
there is an urgent and immediate need to, from, or
between points within a territory having no motor
carrier service deemed capable of meeting that need,
the Arkansas Department of Transportation in its
discretion and without hearing or other proceeding
may grant temporary authority for a period not
exceeding ninety (90) days for the service by com-
mon or contract carrier, as the case may be. Satis-
factory proof of the urgent and immediate need shall
be made by affidavit or other verified proof, as the
department shall prescribe.
(b) The temporary authority shall be granted only
upon payment of a filing fee in the amount of
twenty-five dollars ($25.00) and compliance with the
requirements of §§ 23-13-227 and 23-13-244. The
filing fees shall be collected by the department to be
deposited into the State Treasury to the credit of the
General Revenue Fund Account of the State Appor-
tionment Fund.
(c) After the temporary authority is granted, the
department shall notify any carrier already autho-
rized to perform all or any part of the service so
authorized temporarily. Upon application in writing
by the carrier, the department shall hold such hear-
ings and make such further determination with
respect to such temporary authority as the public
interest shall require.
(d) The grant of temporary authority shall not be
extended for any cause.
(e) Issuance of such temporary authority shall
create no presumption that corresponding perma-
nent authority will be granted thereafter.
History. Acts 1955, No. 397, § 6; 1983, No. 565, § 1; A.S.A. 1947,
§ 73-1759; Acts 2017, No. 707, § 203.
63 23-13-229MOTOR CARRIERS
23-13-230. Brokers — Licenses — Rules and
regulations for protection of public.
(a)(1) A person shall not for compensation sell or
offer for sale transportation subject to this subchap-
ter; make any contract, agreement, or arrangement
to provide, procure, furnish, or arrange for such
transportation; or hold himself or herself or itself
out by advertisements, solicitation, or otherwise as
one who sells, provides, procures, contracts, or ar-
ranges for such transportation unless that person
holds a broker’s license issued by the Arkansas
Department of Transportation to engage in such
transactions.
(2) In the execution of any contract, agreement, or
arrangement to sell, provide, procure, furnish, or
arrange for such transportation, it shall be unlawful
for such a person to employ any carrier by motor
vehicle who or which is not the lawful holder of an
effective certificate or permit issued as provided in
this subchapter.
(3) The provisions of this subsection shall not
apply to any carrier holding a certificate or a permit
under the provisions of this subchapter or to any
bona fide employee or agent of such a motor carrier,
so far as concerns transportation to be furnished
wholly by such a carrier or jointly with other motor
carriers holding like certificates or permits or with a
common carrier by railroad, express, or water.
(b) A brokerage license shall be issued to any
qualified applicant therefor, authorizing the whole
or any part of the operations covered by the appli-
cation, if it is found that the applicant is fit, willing,
and able properly to perform the service proposed
and to conform to the provisions of this subchapter
and the requirements, rules, and regulations of the
department thereunder and that the proposed ser-
vice, to the extent authorized by the license, will
promote the public interest and policy declared in
this subchapter; otherwise the application shall be
denied.
(c) The department shall prescribe reasonable
rules and regulations for the protection of travelers
or shippers by motor vehicle, to be observed by any
person holding a brokerage license. No such license
shall be issued or remain in force unless the person
shall have furnished a bond or other security ap-
proved by the department, in such form and amount
as will insure financial responsibility and the sup-
plying of authorized transportation in accordance
with contracts, agreements, or arrangements there-
for.
(d) The department and its agents shall have the
same authority as to accounts, reports, and records,
including inspection and preservation thereof, of
any person holding a brokerage license issued under
the provisions of this section, that they have under
this subchapter with respect to motor carriers sub-
ject thereto.
History. Acts 1955, No. 397, § 13; A.S.A. 1947, § 73-1766; Acts
2017, No. 707, § 204.
23-13-233. Certificates, permits, and licenses
— Amendment, revocation, and suspension.
(a) Any certificates, permits, or licenses, upon
application of the holder thereof and in the discre-
tion of the Arkansas Department of Transportation,
may be amended or revoked, in whole or in part, or
may upon complaint or on the department’s own
initiative, after notice and hearing, be suspended,
changed, or revoked, in whole or in part, for:
(1) Willful failure to comply with any provision of
this subchapter, with any lawful order, rule, or
regulation of the department promulgated thereun-
der, or with any term, condition, or limitation of the
certificate, permit, or license;
(2) Failure to render reasonably continuous ser-
vice in the transportation of all of the commodities
authorized to be transported over all of the routes
authorized to be traversed;
(3) Failure to file a complete annual motor carrier
report pursuant to Acts 1927, No. 129, as amended;
or
(4) Failure to timely pay ad valorem property
taxes.
(b) It is the intent of this section to require the
department to suspend or revoke, after notice and
hearing as hereafter provided, all or such part of the
authority granted by any certificate which is not
exercised reasonably continuously.
(c) No certificate, permit, or license shall be re-
voked, except under application of the holder or
violation of § 23-13-227, unless the holder thereof
willfully fails to comply within a reasonable time,
not less than thirty (30) days, to be fixed by the
department, with a lawful order of the department
commanding obedience to the provisions of this
subchapter, or to the rules or regulations of the
department, or to the terms, conditions, or limita-
tion of such certificate, permit, or license found by
the department to have been violated by the holder.
History. Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No.
602, § 1; A.S.A. 1947, § 73-1767; Acts 2017, No. 707, § 206.
23-13-234. Operation without certificate or
permit prohibited — Violation of terms, con-
ditions, etc., of certificate, permit, or license
prohibited.
(a)(1) Any motor carrier using the highways of
this state without first having obtained a permit or
certificate from the Arkansas Department of Trans-
portation, as provided by this subchapter, or who,
being a holder thereof, violates any term, condition,
or provision thereof shall be subject to a civil penalty
to be collected by the department, after notice and
hearing, in an amount not less than one hundred
dollars ($100) nor more than five hundred dollars
($500).
(2) If the penalty is not paid within ten (10) days
from the date of the order of the department assess-
6423-13-230 PUBLIC UTILITIES AND REGULATED INDUSTRIES
ing the penalty, twenty-five percent (25%) thereof
shall be added to the penalty.
(3) Any amounts collected from the penalties pro-
vided for under this subsection shall be deposited by
the department into the State Treasury to the credit
of the General Revenue Fund Account of the State
Apportionment Fund.
(b)(1) Any person required by this subchapter to
obtain a certificate of convenience and necessity as a
common carrier or a permit as a contract carrier and
operates as such a carrier without doing so shall be
guilty of a violation. Upon conviction, he or she shall
be fined not less than one hundred dollars ($100) nor
more than five hundred dollars ($500) for the first
such offense and not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000)
for each subsequent offense.
(2) Each day of the violation shall be a separate
offense.
(c)(1) Any person violating any other provision or
any term or condition of any certificate, permit, or
license, except as otherwise provided in § 23-13-
258, shall be guilty of a violation and upon convic-
tion shall be fined not more than one hundred
dollars ($100) for the first offense and not more than
five hundred dollars ($500) for any subsequent of-
fense.
(2) Each day of the violation shall constitute a
separate offense.
(3) In addition thereto, the person shall be subject
to the civil penalties provided in subsection (a) of
this section.
History. Acts 1955, No. 397, § 22; 1971, No. 532, § 1; 1983, No.
565, § 5; A.S.A. 1947, § 73-1775; Acts 2005, No. 1994, § 148; 2017,
No. 707, § 207.
23-13-236. Common carriers — Duties as to
transportation of passengers and property —
Rates, charges, rules, regulations, etc.
(a) It shall be the duty of every common carrier of
passengers by motor vehicle:
(1) To establish reasonable through routes with
other common carriers and to provide safe and
adequate service, equipment, and facilities for the
transportation of passengers;
(2) To establish, observe, and enforce just and
reasonable individual and joint rates, fares, and
charges, and just and reasonable regulations and
practices relating thereto and relating to the issu-
ance, form, and substance of tickets; the carrying of
personal, sample, and excess baggage; the facilities
for transportation; and all other matters relating to
or connected with the transportation of passengers;
and
(3) In case of joint rates, fares, and charges, to
establish just, reasonable, and equitable divisions
thereof as between the carriers participating therein
which shall not unduly prefer or prejudice any of the
participating carriers.
(b) It shall be the duty of every common carrier of
property by motor vehicle:
(1) To provide safe and adequate service, equip-
ment, and facilities for the transportation of prop-
erty; and
(2) To establish, observe, and enforce just and
reasonable rates, charges, and classifications and
just and reasonable regulations and practices relat-
ing thereto, and relating to the manner and method
of presenting, marking, packing, and delivering
property for transportation, the facilities for trans-
portation, and all other matters relating to or con-
nected with the transportation of property.
History. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
23-13-253, 23-13-254. [Repealed.]
Publisher’s Notes. These sections, concerning reports by motor
carriers and failure to file the reports, were repealed by Acts 2003,
No. 1117, §§ 1, 2. The sections were derived from the following
sources:
23-13-253. Acts 1955, No. 397, § 20; A.S.A. 1947, § 73-1773.
23-13-254. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
23-13-255. Access to property, equipment, and
records.
The Arkansas State Highway and Transportation
Department or its duly authorized agents at all
times shall have access to all lands, buildings, or
equipment of motor carriers and private carriers
used in connection with their operation and also to
all pertinent accounts, records, documents, and
memoranda kept or required to be kept by motor
carriers and private carriers.
History. Acts 1955, No. 397, § 20; A.S.A. 1947, § 73-1773; Acts
1991, No. 297, § 1.
23-13-256. Identification of equipment.
It shall be unlawful for any common or contract
carrier by motor vehicle to operate any vehicle upon
the highways of this state unless there is painted, or
otherwise firmly affixed, to the vehicle on both sides
thereof, the name of the carrier and the certificate or
permit number of the carrier. The characters com-
posing the identification shall be of sufficient size to
be clearly distinguishable at a distance of at least
fifty feet (50') from the vehicle.
History. Acts 1955, No. 397, § 24; A.S.A. 1947, § 73-1777.
23-13-257. Violations by carriers, shippers,
brokers, etc., or employees, agents, etc. —
Penalties.
Any person, whether a carrier, shipper, consignee,
or broker, or any officer, employee, agent, or repre-
sentative thereof who shall knowingly offer, grant,
or give or solicit, accept, or receive any rebate,
concession, or discrimination in violation of any
65 23-13-257MOTOR CARRIERS
provision of this subchapter; who by means of any
false statement or representation, or by the use of
any false or fictitious bill, bill of lading, receipt,
voucher, roll, account, claim, certificate, affidavit,
deposition, lease, or bill of sale, or by any other
means or device shall knowingly assist, suffer, or
permit any persons, natural or artificial, to obtain
transportation of passengers or property subject to
this subchapter for less than the applicable fare,
rate, or charge; who shall knowingly by any such
means or otherwise fraudulently seek to evade or
defeat regulation as in this subchapter is provided
for motor carriers or brokers; or who shall violate
any of the regulations, including safety regulations,
prescribed or hereafter prescribed by the State
Highway Commission pursuant to the provisions of
Title 23 of this Code, shall be guilty of a violation.
Upon conviction, that person, unless otherwise pro-
vided in this chapter, shall be fined not 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 any subse-
quent offense.
History. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775; Acts
1993, No. 1023, § 1; 2005, No. 1994, § 455.
23-13-258. Operation of motor vehicle while
in possession of, consuming, or under influ-
ence of any controlled substance or intoxicat-
ing liquor prohibited — Definition.
(a)(1) Any person operating or being in physical
control of a motor vehicle, which motor vehicle is
susceptible at the time of such operation or physical
control to any regulations of the State Highway
Commission regarding the safety of operation and
equipment of that motor vehicle, who commits any
of the following acts shall be guilty of a violation and
upon conviction for the first offense shall be subject
to a fine of not less than two hundred dollars ($200)
nor more than one thousand dollars ($1,000):
(A) Operating or being in physical control of
such a motor vehicle if he or she possesses, is
under the influence of, or is using any controlled
substance;
(B) Operating or being in physical control of
such a motor vehicle if he or she possesses, is
under the influence of, or is using any other
substance that renders him or her incapable of
safely operating a motor vehicle; or
(C)(i) Consumption of or possession of an in-
toxicating liquor, regardless of its alcoholic con-
tent, or being under the influence of an intoxicat-
ing liquor while in physical control of such a motor
vehicle.
(ii) However, no person shall be considered in
possession of an intoxicating liquor solely on the
basis that an intoxicating liquor or beverage is
manifested and being transported as part of a
shipment.
(2) Upon the second and subsequent convictions,
that person shall be subject to a fine of not less than
five hundred dollars ($500) nor more than one thou-
sand dollars ($1,000).
(b) As used in this section, “controlled substance”
shall have the same meaning ascribed to that term
in the Uniform Controlled Substances Act, § 5-64-
101 et seq., and the regulations issued pursuant to
the Uniform Controlled Substances Act, § 5-64-101
et seq.
(c) This section does not abrogate any of the
provisions of the Omnibus DWI or BWI Act, § 5-65-
101 et seq., and any person violating subsection (a)
of this section who may be charged with a violation
of the Omnibus DWI or BWI Act, § 5-65-101 et seq.,
shall be charged with a violation of the Omnibus
DWI or BWI Act, § 5-65-101 et seq., rather than
with a violation of this section.
History. Acts 1955, No. 397, § 22; 1971, No. 532, § 1; A.S.A.
1947, § 73-1775; Acts 1993, No. 1022, § 1; 2005, No. 1994, § 149;
2015, No. 299, § 32.
23-13-259. Lessor to unauthorized persons
deemed motor carrier.
Any person who, by lease or otherwise, permits
the use of a motor vehicle by other than a carrier
holding authority from the Arkansas State Highway
and Transportation Department and who furnishes
in connection therewith a driver, either directly or
indirectly, or in any manner whatsoever exercises
any control, or assumes any responsibility over the
operation of the vehicle, during the period of the
lease or other device, shall be deemed a motor
carrier.
History. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
23-13-260. Violations of subchapter — Juris-
diction of cases.
The several circuit, justice of the peace, and dis-
trict courts of this state shall have jurisdiction in
cases involving alleged violations of this subchapter.
History. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
23-13-261. Injunction against violation of sub-
chapter, rules, regulations, etc., or terms and
conditions of certificate, permit, or license.
If any motor carrier or broker operates in violation
of any provision of this subchapter, except as to the
reasonableness of rates, fares, or charges, and the
discriminatory character thereof, or any rule, regu-
lation, requirement, or order thereunder, or of any
term or condition of any certificate, permit, or li-
cense, the Arkansas State Highway and Transpor-
tation Department or its duly authorized agent may
apply to the Pulaski County Circuit Court or to any
circuit court of the State of Arkansas where the
6623-13-258 PUBLIC UTILITIES AND REGULATED INDUSTRIES
motor carrier operates for the enforcement of the
provision of this subchapter, or of the rule, regula-
tion, requirement, order, term, or condition, and
enjoining upon it or them obedience thereto.
History. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
23-13-262. Actions to recover penalties.
(a) An action to recover a penalty under §§ 23-
13-234 and 23-13-257 — 23-13-264 or to enforce the
powers of the Arkansas State Highway and Trans-
portation Department under this subchapter or any
other law may be brought in any circuit court in this
state in the name of the State of Arkansas, on
relation to the department, and shall be commenced
and prosecuted to final judgment by the counsel to
the department.
(b) In any such action, all penalties incurred up to
the time of commencing the action may be sued for
and recovered therein.
(c) The commencement of an action to recover a
penalty shall not be or be held to be a waiver of the
right to recover any other penalty.
History. Acts 1955, No. 397, § 22; 1983, No. 565, § 5; A.S.A.
1947, § 73-1775; Acts 2003, No. 1117, § 3.
23-13-263. Lien declared to secure payment of
fines and penalties.
To secure the payment of the fines and penalties
provided for in this subchapter, a lien is declared
and established upon the property of any person
who has violated the provisions hereof and upon the
property of any motor carrier whose agent, servant,
or employee has violated the provisions of this
subchapter.
History. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
23-13-264. Disposition of forfeited bonds and
fines.
One-half (½) of the amount of forfeited bonds and
one-half (½) of the fines collected for violations of
this subchapter 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
General Revenue Fund Account of the State Appor-
tionment Fund.
History. Acts 1955, No. 397, § 22; 1983, No. 565, § 6; A.S.A.
1947, § 73-1775; Acts 2005, No. 1934, § 15.
23-13-265. Exempt motor carrier to possess
annual receipt.
(a)(1) It is declared unlawful for any motor carrier
of property who is exempt from certain provisions of
this subchapter pursuant to § 23-13-206(a)(6) to use
any of the public highways of this state for the
transportation of property for hire in intrastate
commerce without possessing a copy of an annual
receipt from the State Highway Commission permit-
ting those operations.
(2) Copies of the annual receipt shall be made and
maintained in the cab of the power unit of each
motor vehicle operated over the highways of this
state while transporting property for hire intrastate.
(3)(A) Every application for a permit for the
transportation of property by a carrier shall be in
writing on a form to be specified by the commis-
sion.
(B) The application shall contain and be accom-
panied by the following:
(i) The name and trade name, if any, and ad-
dress or location of the principal office or place of
business of the applicant;
(ii) A statement giving full information con-
cerning the ownership, reasonable value, and
physical condition of vehicles and other property
to be used by the applicant in the intrastate
operations;
(iii) A full and complete financial statement
giving detailed information concerning the finan-
cial condition of the applicant;
(iv) Proof of public liability insurance in the
amounts set out in all rules and regulations made
and promulgated by the commission;
(v) In the event the motor carrier did not hold a
valid certificate or permit authorizing intrastate
transportation by motor vehicle in this state on
December 31, 1994, remittance of a processing fee
in the amount of twenty-five dollars ($25.00);
(vi) Remittance of an insurance filing fee in the
amount of five dollars ($5.00) for each motor
vehicle, truck, or truck-tractor, to be operated in
the State of Arkansas in intrastate operations;
(vii)(a) Remittance of a copy of the motor carri-
er’s latest United States Department of Transpor-
tation safety rating or, in the event the carrier has
not been given a safety rating, a signed notarized
statement indicating the company’s intention to
comply with all United States Department of
Transportation safety regulations.
(b) At any time as may be practical, a physical
inspection of the equipment may be made by the
Arkansas Highway Police Division of the Arkan-
sas State Highway and Transportation Depart-
ment;
(viii) At the option of the applicant, the motor
carrier may request that any and all laws, regu-
lations, or other provisions relating to uniform
cargo liability rules, uniform bills of lading and
receipts for property being transported, uniform
cargo credit rules, or antitrust immunity for joint
line rates or routes, classification, and mileage
guides, apply to the carrier; and
(ix) Any other information that may be re-
quired by the commission.
67 23-13-265MOTOR CARRIERS
(b)(1) Every motor carrier of property complying
to the satisfaction of the commission with the provi-
sions of subsection (a) of this section shall be issued
a receipt for the current year indicating the name of
the motor carrier’s company, the principal place of
business of the carrier, and the number of motor
vehicles to be operated in Arkansas.
(2)(A) Copies of the receipt shall be made by the
motor carrier and shall be maintained in the
power unit of each motor vehicle operated over the
highways of Arkansas while transporting property
for hire intrastate.
(B) The receipt shall be presented by the driver
of the motor vehicle for inspection by any autho-
rized government personnel.
(C) Failure to carry the receipt and maintain
adequate proof of public liability insurance shall
subject the motor carrier to the civil and criminal
penalties and fines as are authorized by this
subchapter.
(c)(1) Every motor carrier of property which held
a valid certificate or permit authorizing intrastate
transportation by motor vehicle in the state on
December 31, 1994, shall continue to be authorized
to transport property for hire in the state and shall
be issued an annual receipt after complying with the
provisions of subdivisions (a)(3)(B)(iv), (vi), (viii),
and (ix) of this section. Provided, neither the previ-
ously held certificate, the previously held permit,
nor any annual receipt issued pursuant to this
section shall have any asset value.
(2) Every motor carrier of property initially com-
plying with all the provisions of subsection (a) of this
section to the satisfaction of the commission and
issued an annual receipt shall thereafter be issued
an annual receipt upon complying with subdivisions
(a)(3)(B)(iv), (vi), (viii), and (ix) of this section.
(d) The annual fee required by subdivision
(a)(3)(B)(vi) of this section shall not be required for
each motor vehicle if the motor carrier of property
otherwise remits the proper annual registration fees
to the commission pursuant to § 23-13-235, or the
motor carrier of property otherwise remits the
proper annual registration fees for the benefit of the
State of Arkansas to the motor carrier’s base state.
(e) Notwithstanding any other provision of this
section to the contrary, the commission shall have
the authority to periodically review the motor carri-
er’s fitness and shall have the authority to suspend
or revoke the annual receipt or other credential
granting the right of the motor carrier to operate
intrastate if the motor carrier is determined by the
commission to be unfit or unsafe, or fails to maintain
adequate public liability insurance.
(f) The commission shall have the authority to
make and promulgate rules and regulations for the
implementation of this section.
(g) All fees received by the commission pursuant
to subsection (a) of this section shall be deposited
with the Treasurer of State and classified as general
revenues for distribution and usage as provided by
the laws of this state; provided, one and one-half
percent (1.5%) of all the funds so deposited shall be
classified as special revenues and transferred by the
Treasurer of State on the last business day of each
month in which they are deposited to the State
Highway and Transportation Department Fund to
be utilized by the Arkansas State Highway and
Transportation Department for the purpose of ad-
ministering this subchapter.
History. Acts 1995, No. 746, § 3.
S
UBCHAPTER 4 — PASSENGERS
SECTION
.
23-13-401 — 23-13-406
. [Repealed.]
23-13-401 — 23-13-406. [Repealed.]
Publisher’s Notes. This subchapter was repealed by Acts 2005,
No. 1994, § 574. The subchapter was derived from the following
sources:
23-13-401. Acts 1959, No. 81, § 4; A.S.A. 1947, § 73-1783.
23-13-402. Acts 1959, No. 81, § 4; A.S.A. 1947, § 73-1783.
23-13-403. Acts 1959, No. 81, § 1; A.S.A. 1947, § 73-1780.
23-13-404. Acts 1959, No. 81, §§ 1, 2; A.S.A. 1947, §§ 73-1780,
73-1781.
23-13-405. Acts 1959, No. 81, § 3; A.S.A. 1947, § 73-1782.
23-13-406. Acts 1937, No. 124, § 5; Pope’s Dig., § 6925; Acts
1943, No. 180, § 5; 1973, No. 253, § 2; A.S.A. 1947, § 73-1751.
S
UBCHAPTER 7 — TRANSPORTATION NETWORK
COMPANY SERVICES ACT
SECTION
.
23-13-701
. Title.
23-13-702
. Definitions.
23-13-703
. Commercial vehicle registration not required.
23-13-704
. Transportation network company permit required.
23-13-705
. Agent for service of process.
23-13-706
. Fare charged for transportation network company ser-
vices.
23-13-707
. Identification of transportation network company driv-
ers and motor vehicles.
23-13-708
. Electronic receipt.
23-13-709
. Insurance requirements.
23-13-710
. Insurer disclosure requirements.
23-13-711
. Exclusions — Claim investigations.
23-13-712
. Drug or alcohol use prohibited.
23-13-713
. Driver requirements.
23-13-714
. Compliance with motor vehicle safety and emissions
requirements.
23-13-715
. Street hails prohibited.
23-13-716
. Cash trips prohibited.
23-13-717
. Nondiscrimination — Accessibility.
23-13-718
. Records — Inspection.
23-13-719
. Status of transportation network company drivers —
Workers’ compensation coverage not applicable.
23-13-720
. Exclusive authority.
23-13-721
. Penalties.
23-13-722
. Rules.
23-13-701. Title.
This subchapter shall be known and may be cited
as the “Transportation Network Company Services
Act”.
6823-13-401 PUBLIC UTILITIES AND REGULATED INDUSTRIES
History. Acts 2015, No. 1050, § 1.
23-13-702. Definitions.
As used in this subchapter:
(1) “Digital network” means any online-enabled
application, software, website, or system offered or
utilized by a transportation network company that
enables the prearrangement of rides with transpor-
tation network company drivers;
(2) “Personal vehicle” means a vehicle that is
used by a transportation network company driver in
connection with providing a prearranged ride and is:
(A) Owned, leased, or otherwise authorized for
use by the transportation network company
driver; and
(B) Not a taxicab, limousine, or for-hire vehicle;
(3)(A) “Prearranged ride” or “transportation net-
work services” means the provision of transporta-
tion by a transportation network company driver
to a rider, beginning when a transportation net-
work company driver accepts a ride requested by a
rider through a digital network controlled by a
transportation network company, continuing
while the transportation network company driver
transports a requesting rider, and ending when
the last requesting rider departs from the per-
sonal vehicle.
(B) “Prearranged ride” or “transportation net-
work services” does not include transportation
provided using a:
(i) Taxicab service as defined in § 14-57-301 et
seq.;
(ii) Motor carrier service under the Arkansas
Motor Carrier Act, 1955, § 23-13-201 et seq.; or
(iii) Street hail service;
(4)(A) “Transportation network company” means
a corporation, partnership, sole proprietorship, or
other entity licensed under this subchapter and
operating in this state that uses a digital network
to connect transportation network company riders
to transportation network company drivers who
provide prearranged rides.
(B) “Transportation network company” does
not include a company that controls, directs, or
manages the personal vehicles or transportation
network company drivers that connect to the
company’s digital network, except when agreed to
by written contract;
(5) “Transportation network company driver”
means an individual who:
(A) Receives connections to potential passen-
gers and related services from a transportation
network company in exchange for payment of a fee
to the transportation network company; and
(B) Uses a personal vehicle to provide services
for riders matched through a digital network
controlled by a transportation network company;
and
(6) “Transportation network company rider” or
“rider” means an individual or a person who uses a
transportation network company’s digital network
to connect with a transportation network company
driver who provides a prearranged ride to a rider in
the driver’s personal vehicle between points chosen
by the rider.
History. Acts 2015, No. 1050, § 1; 2015, No. 1267, § 1.
23-13-703. Commercial vehicle registration
not required.
A transportation network company driver:
(1) Is not required to register the motor vehicle
used for transportation network company services
as a commercial or for-hire motor vehicle; and
(2) May conduct transportation network company
services with a standard, noncommercial driver’s
license and is not required to obtain a “P” endorse-
ment or any other endorsement on the transporta-
tion network company driver’s license.
History. Acts 2015, No. 1050, § 1.
23-13-704. Transportation network company
permit required.
(a) An individual or entity shall not operate a
transportation network company in this state with-
out first having obtained a permit to operate a
transportation network company from the Arkansas
Public Service Commission.
(b) The commission shall:
(1) Issue forms for a transportation network com-
pany to demonstrate that it meets all requirements
of this subchapter to obtain a permit; and
(2) Issue a transportation network company per-
mit to an applicant that:
(A) Meets all qualifications of this subchapter;
and
(B) Pays an annual permit fee of fifteen thou-
sand dollars ($15,000) to the commission.
History. Acts 2015, No. 1050, § 1.
23-13-705. Agent for service of process.
A transportation network company shall maintain
an agent for service of process under the Model
Registered Agents Act, § 4-20-101 et seq.
History. Acts 2015, No. 1050, § 1.
23-13-706. Fare charged for transportation
network company services.
(a) A transportation network company may
charge a fare for transportation network company
services.
(b) If a fare is charged, the transportation net-
work company shall disclose to passengers on the
transportation network company’s website, digital
network, or within its software application:
(1) The fare calculation method for transporta-
tion network company services;
69 23-13-706MOTOR CARRIERS
(2) Applicable rates charged for transportation
network company services; and
(3) The option to receive an estimated fare before
the passenger enters the transportation network
company driver’s motor vehicle.
History. Acts 2015, No. 1050, § 1.
23-13-707. Identification of transportation
network company drivers and motor ve-
hicles.
Before a passenger enters the transportation net-
work company driver’s motor vehicle, the transpor-
tation network company website, digital network, or
software application used by the transportation net-
work company to arrange the transportation net-
work company service shall display:
(1) A picture of the transportation network com-
pany driver; and
(2) The license plate number of the motor vehicle
the transportation network company driver will use
to provide the transportation network company ser-
vice.
History. Acts 2015, No. 1050, § 1.
23-13-708. Electronic receipt.
Within a reasonable time after transportation
network company services end, a transportation
network company shall transmit an electronic re-
ceipt to the passenger that lists:
(1) The origin and destination of the trip;
(2) The total time and distance of the trip; and
(3) An itemization of the total fare paid, if any.
History. Acts 2015, No. 1050, § 1.
23-13-709. Insurance requirements.
(a)(1) On and after July 22, 2015, a transporta-
tion network company driver or a transportation
network company on the driver’s behalf shall main-
tain primary automobile insurance that:
(A) Recognizes that the driver is a transporta-
tion network company driver and covers the
driver while the driver is logged on to the trans-
portation network company’s digital network
while the driver is engaged in a prearranged ride
or while the driver otherwise uses a vehicle to
provide transportation network services;
(B)(i) Provides primary automobile liability in-
surance in the amount of at least fifty thousand
dollars ($50,000) for death and bodily injury per
person, one hundred thousand dollars ($100,000)
for death and bodily injury per incident, and
twenty-five thousand dollars ($25,000) for prop-
erty damage while a participating transportation
network company driver is logged on to the trans-
portation network company’s digital network and
is available to receive transportation requests but
is not engaged in a prearranged ride.
(ii) The coverage requirements described in
subdivision (a)(1)(B)(i) of this section may be sat-
isfied by any combination of:
(a) Automobile insurance maintained by the
transportation network company driver; or
(b) Automobile insurance maintained by the
transportation network company;
(C)(i) Provides primary automobile liability in-
surance coverage of at least one million dollars
($1,000,000) for death, bodily injury, and property
damage while a transportation network company
driver is engaged in a prearranged ride.
(ii) The coverage requirements described in
subdivision (a)(1)(C)(i) of this section may be sat-
isfied by any combination of:
(a) Automobile insurance maintained by the
transportation network company driver; or
(b) Automobile insurance maintained by the
transportation network company.
(2) If insurance maintained by a driver under
subdivision (a)(1)(B) or subdivision (a)(1)(C) of this
section has lapsed or does not provide the required
coverage, the insurance maintained by a transpor-
tation network company shall provide the coverage
required under this subsection beginning with the
first dollar of a claim, and the insurer has the duty to
defend the claim.
(3) Coverage under an automobile insurance
policy maintained by the transportation network
company shall not be dependent on a personal
automobile insurer’s first denial of a claim, nor shall
a personal automobile insurance policy be required
to first deny a claim.
(4) Insurance required under this subsection may
be placed with an insurer authorized to do business
in this state or with a surplus-lines insurer eligible
under § 23-65-305.
(5) Insurance that satisfies the requirements of
this subsection shall be deemed to satisfy the finan-
cial responsibility requirement for a motor vehicle
under § 27-22-101 et seq. and the Motor Vehicle
Safety Responsibility Act, § 27-19-101 et seq.
(6)(A) A transportation network company driver
shall carry proof of coverage satisfying subdivision
(a)(1)(B) or subdivision (a)(1)(C) of this section
with him or her during his or her use of a motor
vehicle in connection with a transportation net-
work company’s digital network.
(B) In the event of an accident, a transportation
network company driver shall provide insurance
coverage information required under subdivision
(a)(6)(A) of this section to the directly interested
parties, automobile insurers, and investigating
police officers upon request under the Arkansas
Voluntary Enhanced Security Driver’s License
and Identification Card Act, § 27-16-1201 et seq.
(C) Upon a request under subdivision (a)(6)(B)
of this section, a transportation network company
driver shall also disclose to directly interested
7023-13-707 PUBLIC UTILITIES AND REGULATED INDUSTRIES
parties, automobile insurers, and investigating
police officers whether he or she was logged on to
the transportation network company’s digital net-
work or was on a prearranged ride at the time of
the accident.
(b) A transportation network company shall dis-
close in writing to transportation network company
drivers the following before they are allowed to
accept a request for a prearranged ride on the
transportation network company’s digital network:
(1) The insurance coverage, including the types of
coverage and the limits for each coverage, that the
transportation network company provides while the
transportation network company driver uses a per-
sonal vehicle in connection with a transportation
network company’s digital network; and
(2) That the transportation network company
driver’s own automobile insurance policy might not
provide any coverage while the transportation net-
work company driver is logged on to the transporta-
tion network company’s digital network and is avail-
able to receive prearranged ride requests or is
engaged in a prearranged ride, depending on the
terms of the insurance policy.
(c)(1) Insurers that write automobile insurance in
this state may exclude any and all coverage afforded
under the owner’s insurance policy for any loss or
injury that occurs while a transportation network
company driver is logged on to a transportation
network company’s digital network or while a trans-
portation network company driver provides a prear-
ranged ride.
(2) The right to exclude all coverage under subdi-
vision (c)(1) of this section may apply to any cover-
age included in an automobile insurance policy,
including without limitation:
(A) Liability coverage for bodily injury and
property damage;
(B) Personal injury protection coverage as de-
scribed in § 23-89-202;
(C) Uninsured and underinsured motorist cov-
erage;
(D) Medical payments coverage;
(E) Comprehensive physical damage coverage;
and
(F) Collision physical damage coverage.
(3) An exclusion permitted under subdivision
(c)(2) of this section shall apply notwithstanding any
requirement under § 27-22-101 et seq. and the
Motor Vehicle Safety Responsibility Act, § 27-19-
101 et seq.
(4) An automobile insurer that excludes the cov-
erage described in subsection (a) of this section shall
have no duty to defend or indemnify any claim
expressly excluded thereunder.
(5) Nothing in this subchapter shall be deemed to
invalidate or limit an exclusion contained in a policy,
including any policy in use or approved for use in
Arkansas prior to the enactment of this subchapter,
that excludes coverage for vehicles used to carry
persons or property for a charge or available for hire
by the public.
(6) This section does not imply or require that a
personal automobile insurance policy provide cover-
age while a transportation network company driver
is logged on to the transportation network compa-
ny’s digital network, while the transportation net-
work company driver is engaged in a prearranged
ride, or while the transportation network company
driver otherwise uses a motor vehicle to provide
transportation network services.
(7) This section does not preclude an insurer from
providing coverage for the transportation network
company driver’s motor vehicle, if it so chose to do so
by contract or endorsement.
(8)(A) An automobile insurer that excludes the
coverage described in subdivision (c)(2) of this
section shall have no duty to defend or indemnify
any claim expressly excluded thereunder.
(B) This section does not invalidate or limit an
exclusion contained in an insurance policy, includ-
ing any policy in use or approved for use in this
state before July 22, 2015, that excludes coverage
for a vehicle used to carry a person or property for
a charge or available for hire by the public.
(9) An automobile insurer that defends or indem-
nifies a claim against a transportation network
company driver that is excluded under the terms of
its policy shall have a right of contribution against
other insurers that provide automobile insurance to
the same transportation network company driver in
satisfaction of the coverage requirements of subsec-
tion (a) of this section at the time of loss.
(d) In a claims coverage investigation, a transpor-
tation network company and any insurer potentially
providing coverage under subsection (a) of this sec-
tion shall cooperate to facilitate the exchange of
relevant information with directly involved parties
and any insurer of the transportation network com-
pany driver, if applicable, including the precise
times that a transportation network company driver
logged on and off of the transportation network
company’s digital network in the twelve-hour period
immediately preceding and in the twelve-hour pe-
riod immediately following the accident and disclose
to each other a clear description of the coverage,
exclusions, and limits provided under any automo-
bile insurance policy maintained under subsection
(a) of this section.
History. Acts 2015, No. 1050, § 1; 2015, No. 1267, § 2.
23-13-710. Insurer disclosure requirements.
Before a transportation network company driver
is allowed to accept a request for transportation
network company services on the transportation
network company’s website, digital network, or soft-
ware application, the transportation network com-
pany shall disclose in writing to the transportation
network company drivers:
(1) The motor vehicle liability insurance coverage
and limits of liability that the transportation net-
71 23-13-710MOTOR CARRIERS
work company provides while the transportation
network company driver uses a personal motor
vehicle in connection with a transportation network
company’s website, digital network, or software ap-
plication; and
(2) That the transportation network company
driver’s own motor vehicle liability insurance policy
may not provide coverage while the transportation
network company driver uses a motor vehicle for
transportation network company services.
History. Acts 2015, No. 1050, § 1.
23-13-711. Exclusions — Claim investigations.
(a)(1) A private passenger motor vehicle liability
insurance policy may exclude coverage against all
loss from liability imposed by law for damages
arising out of the ownership, maintenance, or use of
a motor vehicle:
(A) While the motor vehicle is being used to
provide transportation network company services;
and
(B) While a transportation network company
driver is logged on to the transportation network
company’s website, digital network, or software
application.
(2) An exclusion of coverage under subdivision
(a)(1) of this section may apply to any coverage
included in a private passenger motor vehicle liabil-
ity insurance policy, including without limitation:
(A) Liability coverage for bodily injury and
property damage;
(B) Uninsured and underinsured motorist cov-
erage;
(C) Medical payments coverage;
(D) Comprehensive physical damage coverage;
(E) Collision physical damage coverage; and
(F) Coverage under § 23-89-202.
(b) A private passenger motor vehicle liability
insurer that properly excludes coverage under sub-
section (a) of this section does not have a duty to
defend or indemnify a loss.
(c) The failure to pay or receive a suggested
donation set by a transportation network company
does not constitute the charitable carrying or trans-
portation of persons.
(d) In a claims coverage investigation, a transpor-
tation network company and its insurer shall:
(1) Cooperate with the private passenger motor
vehicle liability insurer that insures the motor ve-
hicle that the transportation company network
driver uses to provide transportation network com-
pany services; and
(2) Within ten (10) business days of receiving a
request for information from a private passenger
motor vehicle liability insurer, provide to the private
passenger motor vehicle liability insurer informa-
tion, including the precise times that a transporta-
tion network company driver logged on and off of the
transportation network company’s website, digital
network, or software application within the twenty-
four (24) hours immediately preceding the accident
being investigated.
History. Acts 2015, No. 1050, § 1.
23-13-712. Drug or alcohol use prohibited.
(a) A transportation network company shall:
(1) Implement a zero-tolerance policy prohibiting
the use of drugs or alcohol while a transportation
network company driver is providing transportation
network company services or is logged into the
transportation network company’s website, digital
network, or software application, but is not provid-
ing transportation network company services; and
(2) Provide notice on its website, digital network,
and software application of the zero-tolerance policy
and its procedures to report a complaint about a
transportation network company driver with whom
a passenger was matched and whom the passenger
reasonably suspects was under the influence of
drugs or alcohol during the time that transportation
network company services were provided.
(b)(1) Upon receipt of a passenger complaint un-
der this section, the transportation network com-
pany shall immediately suspend the transportation
network company driver’s access to the transporta-
tion network company’s website, digital network,
and software application, and shall conduct an in-
vestigation into the reported incident.
(2) The suspension shall last until the investiga-
tion is completed.
(c) The transportation network company shall
maintain records relevant to a complaint under this
section for at least two (2) years from the date the
complaint is received by the transportation network
company.
History. Acts 2015, No. 1050, § 1.
23-13-713. Driver requirements.
(a) Before permitting an individual to act as a
transportation network company driver on its web-
site, digital network, or software application, a
transportation network company shall:
(1) Require the individual to submit an applica-
tion to the transportation network company that
includes information regarding the individual’s ad-
dress, age, driver’s license, driving history, motor
vehicle registration, motor vehicle liability insur-
ance coverage, and other information required by
the transportation network company;
(2) Conduct, or have a third party conduct, a state
and national criminal background check for each
applicant that includes searching:
(A) A multistate and multijurisdictional crimi-
nal records locator or other similar commercial
nationwide database with validation of primary
source searches; and
7223-13-711 PUBLIC UTILITIES AND REGULATED INDUSTRIES
(B) The National Sex Offender Registry data-
base; and
(3) Obtain and review the individual’s driving
history.
(b) A transportation network company shall not
permit an individual to act as a transportation
network company driver on its website, digital net-
work, or software application who at the time of
submitting an application:
(1) Has had more than three (3) moving violations
or has had one (1) major violation within the previ-
ous three (3) years, including without limitation
attempting to evade the police, reckless driving, or
driving on a suspended or revoked license;
(2) Has been convicted within the past seven (7)
years of driving under the influence of drugs or
alcohol, fraud, a sexual offense, using a motor ve-
hicle to commit a felony, or a crime involving prop-
erty damage, theft, acts of violence, or acts of terror;
(3) Is a match in the National Sex Offender Reg-
istry database;
(4) Does not possess a valid driver’s license;
(5) Does not possess proof of registration for the
motor vehicle or motor vehicles to be used to provide
transportation network company services;
(6) Does not possess proof of motor vehicle liabil-
ity insurance coverage for the motor vehicle or motor
vehicles to be used to provide transportation net-
work company services; or
(7) Is not at least nineteen (19) years of age.
History. Acts 2015, No. 1050, § 1.
23-13-714. Compliance with motor vehicle
safety and emissions requirements.
(a) A transportation network company shall not
allow a transportation network company driver to
accept trip requests through the transportation net-
work company’s website, digital network, or soft-
ware application unless the motor vehicle that the
transportation network company driver will use to
provide transportation network company services
meets the state’s motor vehicle safety and emissions
requirements for a private motor vehicle or the
safety and emissions requirements for a private
motor vehicle of the state in which the motor vehicle
is registered.
(b)(1) A transportation network company shall
verify that an initial safety inspection of a motor
vehicle used as a transportation network company
motor vehicle is conducted by a mechanic within
ninety (90) days of beginning service.
(2) The inspection shall be performed or super-
vised by a mechanic certified by the National Insti-
tute for Automotive Service Excellence.
(3) A safety inspection conducted under this sub-
section shall include a check of the following motor
vehicle equipment to ensure that the equipment is
safe and in proper operating condition:
(A) Foot brakes;
(B) Emergency parking brake;
(C) Suspension and steering mechanisms;
(D) Windshield;
(E) Rear window and other glass;
(F) Windshield wipers;
(G) Headlights;
(H) Taillights;
(I) Turn indicator lights;
(J) Brake lights;
(K) Front seat adjustment mechanism;
(L) Doors, including the opening, closing, and
locking mechanisms;
(M) Horn;
(N) Speedometer;
(O) Bumpers;
(P) Muffler and exhaust system;
(Q) Tires, including their condition and tread
depth;
(R) Interior and exterior rear view mirrors; and
(S) Safety belts for driver and passengers.
History. Acts 2015, No. 1050, § 1.
23-13-715. Street hails prohibited.
A transportation network company driver shall
not solicit or accept a passenger who hails the
transportation network company driver from the
street.
History. Acts 2015, No. 1050, § 1.
23-13-716. Cash trips prohibited.
(a) A transportation network company shall
adopt a policy prohibiting solicitation or acceptance
of cash payments from passengers and notify trans-
portation network company drivers of the policy.
(b) Transportation network company drivers
shall not solicit or accept cash payments from pas-
sengers.
(c) A payment for transportation network com-
pany services shall be made only electronically using
the transportation network company’s digital net-
work or software application.
History. Acts 2015, No. 1050, § 1.
23-13-717. Nondiscrimination — Accessibility.
(a) A transportation network company shall
adopt a policy of nondiscrimination with respect to
passengers and potential passengers and notify
transportation network company drivers of its
policy.
(b) Transportation network company drivers
shall comply with all applicable laws regarding
nondiscrimination against passengers or potential
passengers.
(c) Transportation network company drivers shall
comply with all applicable laws to accommodate
service animals.
73 23-13-717MOTOR CARRIERS
(d) A transportation network company shall not
impose additional charges for providing services to a
person with a physical disability because of the
disability.
(e)(1) A transportation network company shall
provide a passenger an opportunity to indicate
whether he or she requires a wheelchair-accessible
motor vehicle.
(2) If a transportation network company cannot
arrange wheelchair-accessible transportation net-
work company service in any instance, it shall direct
the passenger to an alternate provider of wheel-
chair-accessible service, if available.
History. Acts 2015, No. 1050, § 1.
23-13-718. Records — Inspection.
(a) A transportation network company shall
maintain:
(1) Individual trip records for at least one (1) year
from the date each trip was provided;
(2) Transportation network company driver re-
cords for at least one (1) year from the date a
transportation network company driver was active
on the transportation network company’s website,
digital network, or software application; and
(3) Any other records required by this subchapter.
(b) In response to a specific complaint, the Arkan-
sas Public Service Commission or its employees or
duly authorized agents may inspect records held by
a transportation network company that are needed
to investigate or resolve the complaint.
(c)(1) No more than annually as determined by
regulation of the commission, the commission or its
employees or duly authorized agents may in a mu-
tually agreed-upon setting inspect or, if inspection is
not feasible, be provided copies of records required to
be maintained by a transportation network company
under this subchapter that are necessary to ensure
public safety.
(2) The inspection of records under subdivision
(c)(1) of this section shall be on an audit rather than
a comprehensive basis.
(d)(1) Records obtained by the commission under
this subchapter pertaining to transportation net-
work company services, transportation network
company drivers, or transportation network com-
pany drivers’ motor vehicles:
(A) Are not subject to disclosure to a third party
by the commission; and
(B) Are exempt from the Freedom of Informa-
tion Act of 1967, § 25-19-101 et seq.
(2) Nothing in this subsection shall be construed
as limiting the applicability of any other exemptions
under the Freedom of Information Act of 1967,
§ 25-19-101 et seq., to any other records obtained by
the commission under this subchapter.
History. Acts 2015, No. 1050, § 1.
23-13-719. Status of transportation network
company drivers — Workers’ compensation
coverage not applicable.
(a) Notwithstanding any provision of law to the
contrary, a transportation network company driver
is an independent contractor and not the employee
of the transportation network company if:
(1) The transportation network company does not
prescribe specific hours during which a transporta-
tion network company driver must be logged into the
transportation network company’s website, digital
platform, or software application;
(2) The transportation network company imposes
no restrictions on the transportation network com-
pany driver’s ability to utilize a website, digital
network, or software application of other transpor-
tation network companies;
(3) The transportation network company does not
assign a transportation network company driver a
particular territory in which transportation network
company services may be provided;
(4) The transportation network company does not
restrict a transportation network company driver
from engaging in any other occupation or business;
and
(5) The transportation network company and
transportation network company driver agree in
writing that the transportation network company
driver is an independent contractor of the transpor-
tation network company.
(b) A transportation network company that com-
plies with subsection (a) of this section is not re-
quired to provide workers’ compensation coverage
for a transportation network company driver that is
classified as an independent contractor under this
section.
History. Acts 2015, No. 1050, § 1.
23-13-720. Exclusive authority.
(a)(1) Transportation network companies and
transportation network company drivers are gov-
erned exclusively by this subchapter and any rules
promulgated by the Arkansas Public Service Com-
mission consistent with this subchapter.
(2) This subchapter does not limit the Arkansas
Department of Transportation, the Department of
Arkansas State Police, the Attorney General, other
state agencies, law enforcement, and local govern-
ments within this state from enforcing state and
federal laws or regulations of general applicability
that apply to transportation network companies and
transportation network company drivers.
(b)(1) Except as provided in subdivision (b)(2) of
this section, a county, municipality, or other local
entity shall not tax or license a transportation
network company, a transportation network com-
pany driver, or a motor vehicle used by a transpor-
tation network company driver if the tax or license
relates to providing transportation network com-
7423-13-718 PUBLIC UTILITIES AND REGULATED INDUSTRIES
pany services or subjects a transportation network
company to any type of rate, entry, operational, or
other requirement of the county, municipality, or
other local entity.
(2) A municipal airport commission created under
the Airport Commission Act, § 14-359-101 et seq., or
a regional airport authority created under the Re-
gional Airport Act, § 14-362-101 et seq., may impose
tolls and fees as authorized by §§ 14-359-109 and
14-362-109 upon a:
(A) Transportation network company;
(B) Transportation network company driver; or
(C) Motor vehicle used by a transportation net-
work company driver.
History. Acts 2015, No. 1050, § 1; 2017, No. 707, § 232; 2017,
No. 954, § 1.
23-13-721. Penalties.
(a) The Arkansas Public Service Commission may
levy a fine not to exceed:
(1) One thousand dollars ($1,000) for a violation
of this subchapter; and
(2) Five thousand dollars ($5,000) for a knowing
violation of this subchapter.
(b) To determine the amount of the fine, the
commission shall consider relevant factors, includ-
ing without limitation:
(1) The appropriateness of the penalty to the size
of the business of the transportation network com-
pany charged with the violation;
(2) The severity of the violation;
(3) The good faith of the transportation network
company charged with the violation in attempting to
achieve compliance with this subchapter after being
notified of the violation; and
(4) Any history of previous violations of this sub-
chapter by the transportation network company
charged with the violation.
History. Acts 2015, No. 1050, § 1.
23-13-722. Rules.
The Arkansas Public Service Commission may
promulgate rules to implement this subchapter.
History. Acts 2015, No. 1050, § 1.
CHAPTER 16
MISCELLANEOUS PROVISIONS
RELATING TO CARRIERS
SUBCHAPTER 3 — UNINSURED MOTORIST
LIABILITY INSURANCE
SECTION
.
23-16-302
. Uninsured motorist liability insurance — Carriage
required — Amount.
23-16-302. Uninsured motorist liability insur-
ance — Carriage required — Amount.
Every common carrier, as defined by § 23-16-301,
shall carry uninsured motorist liability insurance or
shall become a self-insurer, in not less than the
limits described in § 27-19-605, for the protection of
passengers and operators of the common carrier who
are legally entitled to recover damages from owners
or operators of uninsured motor vehicles because of
bodily injury, sickness, or disease including death,
resulting therefrom.
History. Acts 1975, No. 893, § 2; A.S.A. 1947, § 73-2402; Acts
1987, No. 590, § 2.
SUBTITLE 3. INSURANCE
CHAPTER 79
INSURANCE POLICIES
GENERALLY
SUBCHAPTER 3 — MINIMUM STANDARDS —
C
OMMERCIAL PROPERTY AND CASUALTY
INSURANCE POLICIES
SECTION
.
23-79-311
. Motor vehicle liability insurance — Extraterritorial
provision.
23-79-312
. Motor vehicle liability insurance — Prohibition regard-
ing step-downs.
23-79-311. Motor vehicle liability insurance —
Extraterritorial provision.
(a)(1) Motor vehicle liability insurance applies to
the amounts that the owner is legally obligated to
pay as damages because of accidental bodily injury
and accidental property damage arising out of the
ownership or operation of a motor vehicle if the
accident occurs in the United States, its possessions,
or Canada.
(2) Motor vehicle liability insurance must afford
limits of liability not less than those required under
the financial responsibility laws of the jurisdiction of
this state.
(b) If the accident occurs outside this state but in
the United States, its possessions, or Canada and if
the limits of liability of the financial responsibility or
compulsory insurance laws of the applicable juris-
diction exceed the limits of liability of the financial
responsibility laws of this state, the motor vehicle
liability insurance is deemed to comply with the
limits of liability of the laws of the applicable juris-
diction.
(c) For purposes of this section, “motor vehicle” is
defined as provided in § 27-14-207.
History. Acts 2001, No. 309, § 1.
75 23-79-311INSURANCE POLICIES GENERALLY
23-79-312. Motor vehicle liability insurance —
Prohibition regarding step-downs.
No motor vehicle liability insurance policy issued
or delivered in this state shall contain a provision
that converts the limits for bodily injury or property
damage to lower limits in the event that the insured
motor vehicle is involved in an accident while it is
being driven by a driver other than the insured.
History. Acts 2001, No. 1438, § 1.
CHAPTER 89
CASUALTY INSURANCE
SUBCHAPTER 2 — AUTOMOBILE LIABILITY
INSURANCE GENERALLY
SECTION
.
23-89-209
. Underinsured motorist coverage.
23-89-212
. Motor vehicle liability insurance — Extraterritorial
provision.
23-89-214
. Motor vehicle liability insurance — Prohibition regard-
ing step-downs.
23-89-215
. Priority of primary motor vehicle liability insurance
coverage.
23-89-216
. Notice concerning use of insurance proceeds.
23-89-209. Underinsured motorist coverage.
(a)(1) No private passenger automobile liability
insurance covering liability arising out of the own-
ership, maintenance, or use of any motor vehicles in
this state shall be delivered or issued in this state or
issued as to any private passenger automobile prin-
cipally garaged in this state unless the insured has
the opportunity, which he or she may reject in
writing, to purchase underinsured motorist cover-
age.
(2) After a named insured or applicant for insur-
ance rejects underinsured motorist coverage, the
insurer or any of its affiliates shall not be required to
notify any insured in any renewal, reinstatement,
substitute, amended, or replacement policy as to the
availability of such coverage.
(3) The coverage shall enable the insured or the
insured’s legal representative to recover from the
insurer the amount of damages for bodily injuries to
or death of an insured which the insured is legally
entitled to recover from the owner or operator of
another motor vehicle whenever the liability insur-
ance limits of the other owner or operator are less
than the amount of the damages incurred by the
insured.
(4) Underinsured motorist coverage shall be at
least equal to the limits prescribed for bodily injury
or death under § 27-19-605.
(5) Coverage of the insured pursuant to underin-
sured motorist coverage shall not be reduced by the
tortfeasor’s insurance coverage except to the extent
that the injured party would receive compensation
in excess of his or her damages.
(b)(1) Underinsured motorist coverage as de-
scribed in this section shall not be available to
insureds nor shall insurers be mandated to offer
that coverage unless the insured has elected unin-
sured motorist coverage as provided by § 23-89-403.
(2) Underinsured motorist coverage shall not be
issued without uninsured motorist coverage being
issued in coordination therewith.
(c) If a tentative agreement to settle for the liabil-
ity limits of the owner or operator of the other
vehicle has been reached between the insured and
the owner or operator, written notice may be given
by the insured injured party to his or her underin-
sured motorist coverage insurer by certified mail,
return receipt requested. The written notice shall
include:
(1) Written documentation of pecuniary losses
incurred, including copies of all medical bills;
(2) Written authorization or a court order autho-
rizing the underinsured motorist insurer to obtain
medical reports from all employers and medical
providers; and
(3) Written confirmation from the tortfeasor’s li-
ability insurer as to the amount of the alleged
tortfeasor’s liability limits and the terms of the
tentative settlement, which shall in no event include
any component sum representing punitive or exem-
plary damages. However, in no event shall evidence
of the referenced liability limits, the fact that a
tentative settlement was reached, or the terms of
the tentative settlement be admissible in any civil
action with the sole exceptions of:
(A) Actions by underinsured motorist insurers
to enforce subrogation rights as contemplated by
this subchapter;
(B) Actions by first party liability insureds
against their insurer to enforce their contract or a
settlement hereunder, if any; and
(C) Actions by first party underinsured motor-
ist insureds against their insurer to enforce their
contract or a settlement hereunder.
(d)(1) Within thirty (30) days of receipt of the
written notice, the underinsured motorist insurer
may make payment to its insured of an amount
equal to the tentative settlement amount agreed to
by the owner or operator of the other motor vehicle
or his or her liability insurer.
(2) In such event, the underinsured motorist in-
surer shall be entitled to subrogate to its insured’s
right of recovery against the owner or operator of the
other motor vehicle to the extent of such payments
and to the extent of any underinsured motorist
insurance benefit it pays to its insured.
(3) If the underinsured motorist insurer fails to
pay its insured the amount of the tentative tort
settlement within thirty (30) days, the underinsured
motorist insurer has no right to the proceeds of any
settlement or judgment between its insured and the
other owner or operator and/or the owner’s or opera-
tor’s liability insurer, no right to otherwise recoup
the amount of the underinsured motorist benefit it
7623-79-312 PUBLIC UTILITIES AND REGULATED INDUSTRIES
may pay from the other owner or operator or his or
her insurer, and no right to refuse payment of its
underinsured motorist coverage benefit by reason of
the settlement made by its insured.
(e) In the event that the tortfeasor’s motor vehicle
liability insurance carrier and the underinsured
motorist coverage are provided by the same insur-
ance company, the requirements of subsections (c)
and (d) of this section are waived, and the underin-
sured party may proceed against his or her under-
insured insurance carrier at any time after settle-
ment of the underlying tortfeasor’s liability policy
claim.
History. Acts 1987, No. 335, §§ 1, 2; 1991, No. 209, § 1; 1991,
No. 1123, § 22; 1993, No. 1180, § 1; 1997, No. 284, § 1.
23-89-212. Motor vehicle liability insurance —
Extraterritorial provision.
(a)(1) Motor vehicle liability insurance applies to
the amounts which the owner is legally obligated to
pay as damages because of accidental bodily injury
and accidental property damage arising out of the
ownership or operation of a motor vehicle if the
accident occurs in the United States, its possessions,
or Canada.
(2) Motor vehicle liability insurance must afford
limits of liability not less than those required under
the financial responsibility laws of this state.
(b) If the accident occurs outside this state but in
the United States, its possessions, or Canada and if
the limits of liability of the financial responsibility or
compulsory insurance laws of the applicable juris-
diction exceed the limits of liability of the financial
responsibility laws of this state, the motor vehicle
liability insurance is deemed to comply with the
limits of liability of the laws of the applicable juris-
diction.
(c) For purposes of this section, “motor vehicle” is
defined as provided in § 27-14-207.
History. Acts 2001, No. 309, § 2.
23-89-214. Motor vehicle liability insurance —
Prohibition regarding step-downs.
No motor vehicle liability insurance policy issued
or delivered in this state shall contain a provision
that converts the limits for bodily injury or property
damage to lower limits in the event that the insured
motor vehicle is involved in an accident while it is
being driven by a driver other than the insured.
History. Acts 2001, No. 1438, § 2.
23-89-215. Priority of primary motor vehicle
liability insurance coverage.
The liability insurance policy covering a motor
vehicle is primary when the motor vehicle is driven
by:
(1) An insured; or
(2) Any other person:
(A) Not excluded from coverage under the
policy;
(B) With the permission of an insured; and
(C) When the use of the motor vehicle is within
the scope of the permission granted by an insured.
History. Acts 2007, No. 373, § 1.
23-89-216. Notice concerning use of insurance
proceeds.
(a) When making payment to a third party on a
claim under a motor vehicle insurance policy for
damage to a motor vehicle, a motor vehicle liability
insurer shall provide a written notice to the third-
party claimant in substantially the following form:
“Failure to use the insurance proceeds in accor-
dance with a security agreement between you and a
lienholder, if any, may constitute the criminal of-
fense of defrauding a secured creditor in violation of
Arkansas Code § 5-37-203. If you have any ques-
tions, contact your lienholder.”
(b) The written notice required by subsection (a)
of this section may be provided by including the
written notice on each written loss estimate pre-
pared in connection with the claim.
History. Acts 2009, No. 485, § 2; 2009, No. 1452, § 1.
SUBTITLE 4. MISCELLANEOUS
REGULATED INDUSTRIES
CHAPTER 112
ARKANSAS MOTOR VEHICLE
COMMISSION ACT
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
23-112-107
. Motor vehicle event data recorder — Data ownership
— Definitions.
23-112-107. Motor vehicle event data recorder
— Data ownership — Definitions.
(a) As used in this section:
(1) “Authorized representative” means a person
who is the attorney-in-fact for an owner or a person
who has been appointed the administrator or per-
sonal representative of the estate of the owner;
(2) “Motor vehicle event data recorder” means a
factory-installed feature in a motor vehicle that does
one (1) or more of the following:
(A) Records, stores, transmits, or dispenses any
of the following information for the purpose of
retrieval after a crash:
77 23-112-107ARKANSAS MOTOR VEHICLE COMMISSION ACT
(i) Vehicle speed;
(ii) Vehicle direction;
(iii) Vehicle location;
(iv) Steering performance; or
(v) Seat belt restraint status;
(B) Has the capacity to transmit information
concerning a crash in which the motor vehicle has
been involved to a central communications system
when a crash occurs; or
(C) Includes a sensing and diagnostic module,
restraint control module, electronic throttle con-
trol, or other similar component; and
(3) “Owner” means a person or entity:
(A) In whose name a motor vehicle is registered
or titled;
(B) Who leases a motor vehicle for at least three
(3) months;
(C) Who is entitled to possession of the motor
vehicle as the purchaser under a security agree-
ment; or
(D) Who is the authorized representative of the
owner.
(b) At the time of a new vehicle purchase by a
consumer from a dealership, an owner of a motor
vehicle shall be given written notice by the seller or
manufacturer that includes the following:
(1) The presence of the motor vehicle event data
recorder in the motor vehicle;
(2) The type of motor vehicle event data recorder
in the motor vehicle; and
(3) The type of data that is recorded, stored, or
transmitted on the motor vehicle event data re-
corder.
(c) Except as specifically provided under subsec-
tion (d) of this section and subsections (f)-(i) of this
section, the data on a motor vehicle event data
recorder:
(1) Is private;
(2) Is exclusively owned by the owner of the motor
vehicle; and
(3) Shall not be retrieved or used by another
person or entity.
(d)(1) If a motor vehicle is owned by one (1) owner,
then the owner of a motor vehicle may provide
written consent in the form of a release signed by the
owner that authorizes a person or entity to retrieve
or use the data.
(2) If a motor vehicle is owned by more than one
(1) person or entity and if all owners agree to release
the data, then all owners must consent in writing by
signing a release to authorize a person or entity to
retrieve or use the data.
(3) A release to a person or entity under this
subsection shall be limited to permission for data
collection and compilation only and shall not autho-
rize the release of information that identifies the
owner of the vehicle.
(e)(1)(A) If a motor vehicle is equipped with a
motor vehicle event data recorder and is involved
in an accident in Arkansas, the owner of the motor
vehicle at the time that the data is created shall
own and retain exclusive ownership rights to the
data.
(B) The ownership of the data shall not pass to
a lienholder or to an insurer because the lien-
holder or insurer succeeds in ownership to the
vehicle as a result of the accident.
(2) The data shall not be used by a lienholder or
an insurer for any reason without a written consent
in the form of a release signed by the owner of the
motor vehicle at the time of the accident that autho-
rizes the lienholder or insurer to retrieve or use the
data.
(3) A lienholder or insurer shall not make the
owner’s consent to the retrieval or use of the data
conditioned upon the payment or settlement of an
obligation or claim. However, the insured is required
to comply with all policy provisions, including any
provision that requires the insured to cooperate with
the insurer.
(4) An insurer or lessor of a motor vehicle shall
not require an owner to provide written permission
for the access or retrieval of information from a
motor vehicle event data recorder as a condition of
the policy or lease.
(f) Except as specifically provided under subsec-
tion (d) of this section and subsections (g)-(i) of this
section, the data from a motor vehicle event data
recorder shall only be produced without the consent
of the owner at the time of the accident if:
(1) A court of competent jurisdiction in Arkansas
orders the production of the data;
(2) A law enforcement officer obtains the data
based on probable cause of an offense under the laws
of the State of Arkansas; or
(3) A law enforcement officer, a firefighter, or an
emergency medical services provider obtains the
data in the course of responding to or investigating
an emergency involving physical injury or the risk of
physical injury to any person.
(g) The Arkansas Department of Transportation
may retrieve data from a motor vehicle event data
recorder if the data is used for the following pur-
poses:
(1) Preclearing weigh stations;
(2) Automating driver records of duty status as
authorized by the department;
(3) Replacing handwritten reports for any fuel tax
reporting or other mileage reporting purpose; or
(4) Complying with a state or federal law.
(h) To protect the public health, welfare, and
safety, the following exceptions shall be allowed
regarding the retrieval of data from a motor vehicle
event data recorder:
(1) To determine the need or to facilitate emer-
gency medical care for the driver or passenger of a
motor vehicle that is involved in a motor vehicle
crash or other emergency, including obtaining data
from a company that provides subscription services
to the owners of motor vehicles for in-vehicle safety
and security communications systems;
(2) To facilitate medical research of the human
body’s reaction to motor vehicle crashes if:
7823-112-107 PUBLIC UTILITIES AND REGULATED INDUSTRIES
(A) The identity of the owner or driver is not
disclosed in connection with the retrieved data;
and
(B) The last four (4) digits of the vehicle iden-
tification number are not disclosed; or
(3) To diagnose, service, or repair a motor vehicle.
(i) Notwithstanding any other provision of this
section, the use of data from a motor vehicle event
data recorder shall not be permitted into evidence in
a civil or criminal matter pending before a court in
the State of Arkansas unless it is shown to be
relevant and reliable pursuant to the Arkansas
Rules of Evidence.
(j)(1) If a motor vehicle is equipped with a motor
vehicle event data recorder that is capable of record-
ing, storing, transmitting, or dispensing information
as described in this section and that capability is
part of a subscription service, then the information
that may be recorded, stored, transmitted, or dis-
pensed shall be disclosed in the subscription agree-
ment.
(2) Subsections (c) and (d) of this section and
subsections (f)-(h) of this section shall not apply to
subscription services that meet the requirements of
this subsection.
(k)(1) A new motor vehicle dealer, manufacturer,
and distributor shall be immune and held harmless
against liability for the privacy of information con-
tained in motor vehicle databases, including without
limitation recording devices, global-positioning sys-
tems, navigation devices, or any in-vehicle data not
controlled by the dealer.
(2) This subsection does not affect the notice
requirements under subsection (b) of this section.
(l) The Arkansas Motor Vehicle Commission shall
administer this section and may promulgate rules
for the administration of this section.
History. Acts 2005, No. 1419, § 1; 2009, No. 148, § 1; 2011, No.
1005, §§ 5, 6; 2017, No. 707, § 266.
S
UBCHAPTER 3 — LICENSING AND
REGULATION
SECTION
.
23-112-315
. [Repealed.]
23-112-317
. Motor vehicle dealer service and handling fees.
23-112-315. [Repealed.]
Publisher’s Notes. This section, concerning motor vehicle
dealer documentary fees and disclosures, was repealed by Acts
2007, No. 366, § 3. The section was derived from Acts 2001, No.
1600, § 1; 2003, No. 1722, § 1.
23-112-317. Motor vehicle dealer service and
handling fees.
(a) A motor vehicle dealer may fill in the blanks
on standardized forms in connection with the sale or
lease of a new or a used motor vehicle if the motor
vehicle dealer does not charge for the service of
filling in the blanks or otherwise charge for prepar-
ing documents.
(b)(1) A motor vehicle dealer may charge a service
and handling fee in connection with the sale or lease
of a new or a used motor vehicle for:
(A) The handling, processing, and storage of
documents; and
(B) Other administrative and clerical services.
(2)(A) The service and handling fee may be
charged to allow cost recovery for motor vehicle
dealers.
(B) A portion of the service and handling fee
may result in profit to the motor vehicle dealer.
(c)(1) The Arkansas Motor Vehicle Commission
shall determine by rule the amount of the service
and handling fee that may be charged by a motor
vehicle dealer. The service and handling fee shall be
no less than zero dollars ($0.00) and no more than
one hundred twenty-nine dollars ($129).
(2) If a service and handling fee is charged under
this section, the service and handling fee shall be:
(A) Charged to all retail customers; and
(B) Disclosed on the retail buyer’s order form as
a separate itemized charge.
(3) If a service and handling fee is charged under
this section, the service and handling fee is not
required to be charged to all fleet sales.
(4) If a service and handling fee is charged under
this section:
(A) A motor vehicle dealer may charge a pur-
chaser of a motor vehicle a different service and
handling fee if the purchaser utilizes:
(i) A manufacturer’s sales plan or program; or
(ii) Financing through a finance company that
caps a service and handling fee;
(B) The service and handling fee charged under
this section shall be consistent with the service
and handling fee authorized under:
(i) The manufacturer’s sales plan or program;
(ii) The finance company policy; or
(iii) The laws of a foreign state with subject-
matter jurisdiction.
(d) A preliminary worksheet on which a sale price
is computed and that is shown to the purchaser, a
retail buyer’s order form from the purchaser, or a
retail installment contract shall include in reason-
able proximity to the place on the document where
the service and handling fee authorized by this
section is disclosed:
(1) The amount of the service and handling fee;
and
(2) The following notice in type that is bold-faced,
capitalized, underlined, or otherwise conspicuously
set out from the surrounding written material:
“A SERVICE AND HANDLING FEE IS NOT AN
OFFICIAL FEE. A SERVICE AND HANDLING
FEE IS NOT REQUIRED BY LAW BUT MAY BE
CHARGED TO THE CUSTOMER FOR PERFORM-
ING SERVICES AND HANDLING DOCUMENTS
RELATING TO THE CLOSING OF A SALE OR
LEASE. THE SERVICE AND HANDLING FEE
79 23-112-317ARKANSAS MOTOR VEHICLE COMMISSION ACT
MAY RESULT IN PROFIT TO THE DEALER. THE
SERVICE AND HANDLING FEE DOES NOT IN-
CLUDE PAYMENT FOR THE PREPARATION OF
LEGAL DOCUMENTS. THIS NOTICE IS RE-
QUIRED BY LAW.”
(e) The Arkansas Motor Vehicle Commission may
promulgate rules to implement, enforce, and admin-
ister this section.
History. Acts 2007, No. 366, § 1; 2013, No. 561, § 5; 2015, No.
1055, § 6.
S
UBCHAPTER 6 — USED MOTOR VEHICLE
BUYERS PROTECTION
SECTION
.
23-112-612
. [Repealed.]
23-112-612. [Repealed.]
Publisher’s Notes. This section, concerning used motor vehicle
dealer documentary fees and disclosures, was repealed by Acts
2007, No. 366, § 4. The section was derived from Acts 2001, No.
1600, § 2.
S
UBCHAPTER 9 — RECREATIONAL VEHICLE
SPECIAL EVENTS
SECTION
.
23-112-901
. Findings.
23-112-902
. Definitions.
23-112-903
. Statements of estimated positive economic impact.
23-112-904
. Significant positive economic impact determinations.
23-112-905
. Authority to waive relevant market area and rules.
23-112-901. Findings.
The General Assembly finds that:
(1) A recreational vehicle special event sponsored
by a city, county, nonprofit entity, or recreational
vehicle owners’ organization draws people from all
over the state and other states;
(2) A recreational vehicle special event can pro-
vide a valuable increase in tourism for the state; and
(3) The laws and rules related to the display and
sale of recreational vehicles at a recreational vehicle
special event must be modified to lessen the restric-
tions that are hampering economic growth.
History. Acts 2011, No. 263, § 1.
23-112-902. Definitions.
As used in this subchapter:
(1) “Nonprofit entity” means an entity that has
received tax exempt status from the Internal Rev-
enue Service under section 501(c)(3) or section
(501)(c)(4) of the Internal Revenue Code of 1986, 26
U.S.C. § 501(c)(3) or 26 U.S.C. § 501(c)(4), as they
existed on January 1, 2011;
(2) “Public venue” means a location that:
(A) Is open to the general public; and
(B) Is not the address designated as the pri-
mary business address of a new motor vehicle
dealer licensed by the Arkansas Motor Vehicle
Commission or a used motor vehicle dealer li-
censed by the Department of Arkansas State Po-
lice;
(3) “Recreational vehicle owners’ organization”
means an entity that is organized as a nonprofit
entity or for-profit entity and in good standing with
the Secretary of State;
(4) “Recreational vehicle special event” means an
event held at a public venue with or without an
admission fee that:
(A) Is sponsored by a city, a county, a nonprofit
entity, or a recreational vehicle owners’ organiza-
tion;
(B) Occurs for no more than seven (7) consecu-
tive days; and
(C) Includes any of the following that are in-
vited to attend:
(i) New recreational vehicle dealers to display
and sell recreational vehicles; or
(ii) New recreational vehicle manufacturers or
distributors to display recreational vehicles; and
(5) “Significant positive economic impact” means
an economic benefit of at least two million dollars
($2,000,000) to the state or a region of the state.
History. Acts 2011, No. 263, § 1.
23-112-903. Statements of estimated positive
economic impact.
A statement of the estimated positive economic
impact of a proposed recreational vehicle special
event shall be submitted to the Arkansas Motor
Vehicle Commission from an independent source
such as a university, chamber of commerce, or other
entity that regularly engages in the estimation of
the economic benefit of an occurrence for businesses
and industries.
History. Acts 2011, No. 263, § 1.
23-112-904. Significant positive economic im-
pact determinations.
(a) If the statement of estimated positive eco-
nomic impact that is submitted to the Arkansas
Motor Vehicle Commission establishes that a recre-
ational vehicle special event has a significant posi-
tive economic impact, the recreational vehicle spe-
cial event is exempt from regulation by the
commission as provided under § 23-112-905.
(b) If the statement of estimated positive eco-
nomic impact that is presented to the commission
establishes that a recreational vehicle special event
will not have a significant positive economic impact,
then the commission shall determine whether the
recreational vehicle special event is exempt from
this chapter and any rules promulgated by the
commission.
8023-112-612 PUBLIC UTILITIES AND REGULATED INDUSTRIES
History. Acts 2011, No. 263, § 1.
23-112-905. Authority to waive relevant mar-
ket area and rules.
(a) The Arkansas Motor Vehicle Commission
shall waive the following for a recreational vehicle
special event that has a significant positive eco-
nomic impact or is determined by the commission to
otherwise qualify for an exemption under § 23-112-
904(b) if no franchised motor vehicle dealer of a
licensed manufacturer is represented in the host
county of the recreational vehicle special event or
the counties contiguous to the host county:
(1) The provisions of this chapter regarding rel-
evant market area; and
(2) The rules regarding motor vehicle dealers in
contiguous counties.
(b)(1) The commission may promulgate rules for
the issuance of a temporary permit to out-of-state
motor vehicle dealers and manufacturers to partici-
pate in a recreational vehicle special event under
this subchapter.
(2) The commission shall not promulgate a rule
that puts a greater burden on out-of-state motor
vehicle dealers and manufacturers to obtain a tem-
porary permit than the requirements necessary for a
motor vehicle dealer or manufacturer to obtain a
license from the commission.
(3) If the commission establishes fees for a tem-
porary permit under this subsection, the fees shall
not exceed:
(A) For an out-of-state motor vehicle dealer, one
hundred dollars ($100);
(B) For a manufacturer or distributor, two hun-
dred fifty dollars ($250);
(C) For an out-of-state salesperson, fifteen dol-
lars ($15.00); and
(D) For a factory representative or distributor
representative, fifty dollars ($50.00).
History. Acts 2011, No. 263, § 1.
TITLE 26
TAXATION
SUBTITLE 5. STATE TAXES
CHAPTER 52
GROSS RECEIPTS TAX
SUBCHAPTER 3 — IMPOSITION OF TAX
SECTION
.
26-52-301
. Tax levied. [Applicable to tax years 2017 and before.]
SECTION.
26-52-301
. Tax levied — Definitions. [Applicable to tax years 2018
and thereafter.]
26-52-302
. Additional taxes levied. [Applicable to tax years 2017
and before.]
26-52-302
. Additional taxes levied. [Applicable to tax years 2018
and thereafter.]
26-52-310 — 26-52-313
. [Repealed.]
26-52-301. Tax levied. [Applicable to tax years
2017 and before.]
Except for food and food ingredients that are
taxed under § 26-52-317, there is levied an excise
tax of three percent (3%) upon the gross proceeds or
gross receipts derived from all sales to any person of
the following:
(1) Tangible personal property;
(2) Natural or artificial gas, electricity, water, ice,
steam, or any other tangible personal property sold
as a utility or provided as a public service;
(3) The following services:
(A)(i) Service of furnishing rooms, suites, con-
dominiums, townhouses, rental houses, or other
accommodations by hotels, apartment hotels,
lodging houses, tourist camps, tourist courts,
property management companies, or any other
provider of accommodations to transient guests.
(ii) As used in subdivision (3)(A)(i) of this sec-
tion, “transient guests” means those who rent
accommodations other than their regular place of
abode on less than a month-to-month basis;
(B)(i) Service of initial installation, alteration,
addition, cleaning, refinishing, replacement, and
repair of:
(a) Motor vehicles;
(b) Aircraft;
(c) Farm machinery and implements;
(d) Motors of all kinds;
(e) Tires and batteries;
(f) Boats;
(g) Electrical appliances and devices;
(h) Furniture;
(i) Rugs;
(j) Flooring;
(k) Upholstery;
(l) Household appliances;
(m) Televisions and radios;
(n) Jewelry;
(o) Watches and clocks;
(p) Engineering instruments;
(q) Medical and surgical instruments;
(r) Machinery of all kinds;
(s) Bicycles;
(t) Office machines and equipment;
(u) Shoes;
(v) Tin and sheetmetal;
(w) Mechanical tools; and
(x) Shop equipment.
(ii)(a) However, the provisions of this section
shall not apply to a coin-operated car wash.
(b) As used in subdivision (3)(B)(ii)(a) of this
section, “coin-operated car wash” means a car
81 26-52-301GROSS RECEIPTS TAX
wash in which the car washing equipment is
activated by the insertion of coins into a slot or
receptacle and the labor of washing the exterior of
the car or motor vehicle is performed solely by the
customer or by mechanical equipment.
(iii) Additionally, the gross receipts tax levied
in this section shall not apply to the repair or
maintenance of railroad parts, railroad cars, and
equipment brought into the State of Arkansas
solely and exclusively for the purpose of being
repaired, refurbished, modified, or converted
within this state.
(iv) The General Assembly determines and af-
firms that the original intent of subdivision (3) of
this section which provides that gross receipts
derived from certain services would be subject to
the gross receipts tax was not intended to be
applicable, nor shall Arkansas gross receipts taxes
be collected, with respect to services performed on
watches and clocks which are received by mail or
common carrier from outside this state and which,
after the service is performed, are returned by
mail or common carrier or in the repairer’s own
conveyance to points outside this state.
(v) Additionally, the gross receipts tax levied in
this section shall not apply to the repair or re-
manufacture of industrial metal rollers or platens
that have a remanufactured, nonmetallic material
covering on all or part of the roller or platen
surface which are brought into the State of Arkan-
sas solely and exclusively for the purpose of being
repaired or remanufactured in this state and are
then shipped back to the state of origin.
(vi)(a) The gross receipts tax levied in this
section shall not apply to the service of alteration,
addition, cleaning, refinishing, replacement, or
repair of commercial jet aircraft, commercial jet
aircraft components, or commercial jet aircraft
subcomponents.
(b) “Commercial jet aircraft” means any com-
mercial, military, private, or other turbine or
turbo jet aircraft having a certified maximum
take-off weight of more than twelve thousand five
hundred pounds (12,500 lbs.).
(vii) The provisions of subdivision (3)(B)(i) of
this section shall not apply to the services per-
formed by a temporary or leased employee or
other contract laborer on items owned or leased by
the employer. The following criteria must be met
for a person to be a temporary or leased employee:
(a) There must be a written contract with the
temporary employment agency, employee leasing
company, or other contractor providing the ser-
vices;
(b) The employee, temporary employment
agency, employee leasing company, or other con-
tractor must not bear the risk of loss for damages
caused during the performance of the contract.
The person for whom the services are performed
must bear the risk of loss; and
(c) The temporary or leased employee or con-
tract laborer is controlled by the employer as if he
or she were a full-time permanent employee.
“Control” includes, but is not limited to, schedul-
ing work hours, designating work duties, and
directing work performance.
(viii)(a) Additionally, the gross receipts tax lev-
ied in this section shall not apply to the initial
installation, alteration, addition, cleaning, refin-
ishing, replacement, or repair of nonmechanical,
passive, or manually operated components of
buildings or other improvements or structures
affixed to real estate, including, but not limited to,
the following:
(1) Walls;
(2) Ceilings;
(3) Doors;
(4) Locks;
(5) Windows;
(6) Glass;
(7) Heat and air ducts;
(8) Roofs;
(9) Wiring;
(10) Breakers;
(11) Breaker boxes;
(12) Electrical switches and receptacles;
(13) Light fixtures;
(14) Pipes;
(15) Plumbing fixtures;
(16) Fire and security alarms;
(17) Intercoms;
(18) Sprinkler systems;
(19) Parking lots;
(20) Fences;
(21) Gates;
(22) Fireplaces; and
(23) Similar components which become a part
of real estate after installation, except flooring.
(b) A contractor is deemed to be a consumer or
user of all tangible personal property used or
consumed by the contractor in providing the non-
taxable services, in the same manner as when
performing any other contract.
(c) This subdivision (3)(B)(viii) shall not apply
to any services subject to tax pursuant to the
terms of subdivision (3)(D) of this section.
(ix) The gross receipts tax levied in subdivision
(3)(B)(i) of this section shall not apply to the
service of initial installation of any property that
is specifically exempted from the tax imposed by
this chapter;
(C)(i) Service of cable television, community
antenna television, and any and all other distri-
bution of television, video, or radio services with
or without the use of wires provided to subscribers
or paying customers or users, including all service
charges and rental charges, whether for basic
service, premium channels, or other special ser-
vice, and including installation and repair service
charges and any other charges having any connec-
tion with the providing of these services.
(ii) The tax levied by this section does not apply
to services purchased by a radio or television
company for use in providing its services.
8226-52-301 TAXATION
(iii)(a) The tax levied by this section applies to
the sale of a subscription for digital audio-visual
work and digital audio work to an end user that
does not have the right of permanent use granted
by the seller and the use is contingent on contin-
ued payments by the purchaser.
(b) As used in this subdivision (3)(C)(iii):
(1) “Digital audio-visual work” means an elec-
tronically transferred series of related images that
when shown in succession, impart an impression
of motion, together with accompanying sounds, if
any; and
(2) “Digital audio work” means an electroni-
cally transferred work that results from the fixa-
tion of a series of musical, spoken, or other sounds,
including ringtones; and
(D)(i) Service of:
(a) Providing transportation or delivery of
money, property, or valuables by armored car;
(b) Providing cleaning or janitorial work;
(c) Pool cleaning and servicing;
(d) Pager services;
(e) Telephone answering services;
(f) Lawn care and landscaping services;
(g) Parking a motor vehicle or allowing the
motor vehicle to be parked;
(h) Storing a motor vehicle;
(i) Storing furs; and
(j) Providing indoor tanning at a tanning salon.
(ii) As used in subdivision (3)(D)(i) of this sec-
tion:
(a) “Landscaping” means the installation, pres-
ervation, or enhancement of ground covering by
planting trees, bushes and shrubbery, grass, flow-
ers, and other types of decorative plants;
(b) “Lawn care” means the maintenance, pres-
ervation, or enhancement of ground covering of
nonresidential property and does not include
planting trees, bushes and shrubbery, grass, flow-
ers, and other types of decorative plants; and
(c) “Residential” means a single family resi-
dence used solely as the principal place of resi-
dence of the owner;
(4) Printing of all kinds, types, and characters,
including the service of overprinting, and photogra-
phy of all kinds;
(5) Tickets or admissions to places of amusement
or to athletic, entertainment, or recreational events,
or fees for access to or the use of amusement,
entertainment, athletic, or recreational facilities;
(6)(A) Dues and membership fees to:
(i) Health spas, health clubs, and fitness clubs;
and
(ii) Private clubs within the meaning of § 309-
202(14) which hold any permit from the Alcoholic
Beverage Control Board allowing the sale, dis-
pensing, or serving of alcoholic beverages of any
kind on the premises.
(B)(i) Except as provided in subdivision
(6)(B)(ii) of this section, the gross receipts derived
from services provided by or through a health spa,
health club, fitness club, or private club shall not
be subject to gross receipts tax unless the service
is specifically enumerated as a taxable service
under this chapter.
(ii) The gross receipts derived by a private club
from the charges to members for the preparation
and serving of mixed drinks or for the cooling and
serving of beer and wine shall be subject to gross
receipts tax as well as any supplemental taxes as
provided by law;
(7)(A) Contracts, including service contracts,
maintenance agreements and extended warran-
ties, which in whole or in part provide for the
future performance of or payment for services
which are subject to gross receipts tax.
(B) The seller of the contract must collect and
remit the tax due on the sale of the contract except
when the contract is sold simultaneously with a
motor vehicle in which case the purchaser of the
motor vehicle shall pay gross receipts tax on the
purchase of the contract at the time of vehicle
registration; and
(8) The total gross receipts derived from the retail
sale of any device used in playing bingo and any
charge for admittance to facilities or for the right to
play bingo or other games of chance regardless of
whether the activity might otherwise be prohibited
by law.
History. Acts 1941, No. 386, § 3; 1945, No. 64, § 1; 1951 (1st Ex.
Sess.), No. 8, § 1; 1957, No. 19, § 1; 1959, No. 260, § 1; 1971, No.
214, § 1; 1973, No. 181, § 1; 1977, No. 500, § 1; 1979, No. 585, § 1;
1981, No. 471, § 1; 1981, No. 983, § 1; A.S.A. 1947, §§ 84-1903,
84-1903.4; Acts 1987, No. 27, § 2; 1987, No. 188, § 1; 1989, No. 769,
§ 1; 1989 (3rd Ex. Sess.), No. 89, § 1; 1992 (1st Ex. Sess.), No. 58,
§ 2; 1992 (1st Ex. Sess.), No. 61, § 2; 1992 (2nd Ex. Sess.), No. 5,
§§ 1, 2; 1993, No. 282, § 1; 1993, No. 1245, § 4; 1995, No. 257, § 1;
1995, No. 284, § 1; 1995, No. 835, § 2; 1995, No. 1040, § 1; 1997,
No. 1076, § 2; 1997, No. 1252, § 1; 1997, No. 1263, § 1; 1997, No.
1359, § 32; 1999, No. 1152, § 2; 1999, No. 1348, § 1; 2001, No. 907,
§ 2; 2001, No. 1064, § 1; 2003, No. 1112, § 1; 2003, No. 1273, § 6;
2003 (2nd Ex. Sess.), No. 107, §§ 5, 6; 2005, No. 1879, § 1; 2007,
No. 154, §§ 3, 4; 2007, No. 110, § 3; 2009, No. 384, § 3; 2011, No.
291, § 9.
26-52-301. Tax levied — Definitions. [Appli-
cable to tax years 2018 and thereafter.]
Except for food and food ingredients that are
taxed under § 26-52-317, there is levied an excise
tax of three percent (3%) upon the gross proceeds or
gross receipts derived from all sales to any person of
the following:
(1) The following items:
(A) Tangible personal property;
(B) Specified digital products sold:
(i) To a purchaser who is an end user; and
(ii) With the right of permanent use or less than
permanent use granted by the seller regardless of
whether the use is conditioned on continued pay-
ment by the purchaser; and
(C) Digital codes;
(2) Natural or artificial gas, electricity, water, ice,
steam, or any other tangible personal property sold
as a utility or provided as a public service;
83 26-52-301GROSS RECEIPTS TAX
(3) The following services:
(A)(i) Service of furnishing rooms, suites, con-
dominiums, townhouses, rental houses, or other
accommodations by hotels, apartment hotels,
lodging houses, tourist camps, tourist courts,
property management companies, or any other
provider of accommodations to transient guests.
(ii) As used in subdivision (3)(A)(i) of this sec-
tion, “transient guests” means those who rent
accommodations other than their regular place of
abode on less than a month-to-month basis;
(B)(i) Service of initial installation, alteration,
addition, cleaning, refinishing, replacement, and
repair of:
(a) Motor vehicles;
(b) Aircraft;
(c) Farm machinery and implements;
(d) Motors of all kinds;
(e) Tires and batteries;
(f) Boats;
(g) Electrical appliances and devices;
(h) Furniture;
(i) Rugs;
(j) Flooring;
(k) Upholstery;
(l) Household appliances;
(m) Televisions and radios;
(n) Jewelry;
(o) Watches and clocks;
(p) Engineering instruments;
(q) Medical and surgical instruments;
(r) Machinery of all kinds;
(s) Bicycles;
(t) Office machines and equipment;
(u) Shoes;
(v) Tin and sheetmetal;
(w) Mechanical tools; and
(x) Shop equipment.
(ii)(a) However, the provisions of this section
shall not apply to a coin-operated car wash.
(b) As used in subdivision (3)(B)(ii)(a) of this
section, “coin-operated car wash” means a car
wash in which the car washing equipment is
activated by the insertion of coins into a slot or
receptacle and the labor of washing the exterior of
the car or motor vehicle is performed solely by the
customer or by mechanical equipment.
(iii) Additionally, the gross receipts tax levied
in this section shall not apply to the repair or
maintenance of railroad parts, railroad cars, and
equipment brought into the State of Arkansas
solely and exclusively for the purpose of being
repaired, refurbished, modified, or converted
within this state.
(iv) The General Assembly determines and af-
firms that the original intent of subdivision (3) of
this section which provides that gross receipts
derived from certain services would be subject to
the gross receipts tax was not intended to be
applicable, nor shall Arkansas gross receipts taxes
be collected, with respect to services performed on
watches and clocks which are received by mail or
common carrier from outside this state and which,
after the service is performed, are returned by
mail or common carrier or in the repairer’s own
conveyance to points outside this state.
(v) Additionally, the gross receipts tax levied in
this section shall not apply to the repair or re-
manufacture of industrial metal rollers or platens
that have a remanufactured, nonmetallic material
covering on all or part of the roller or platen
surface which are brought into the State of Arkan-
sas solely and exclusively for the purpose of being
repaired or remanufactured in this state and are
then shipped back to the state of origin.
(vi)(a) The gross receipts tax levied in this
section shall not apply to the service of alteration,
addition, cleaning, refinishing, replacement, or
repair of commercial jet aircraft, commercial jet
aircraft components, or commercial jet aircraft
subcomponents.
(b) “Commercial jet aircraft” means any com-
mercial, military, private, or other turbine or
turbo jet aircraft having a certified maximum
take-off weight of more than twelve thousand five
hundred pounds (12,500 lbs.).
(vii) The provisions of subdivision (3)(B)(i) of
this section shall not apply to the services per-
formed by a temporary or leased employee or
other contract laborer on items owned or leased by
the employer. The following criteria must be met
for a person to be a temporary or leased employee:
(a) There must be a written contract with the
temporary employment agency, employee leasing
company, or other contractor providing the ser-
vices;
(b) The employee, temporary employment
agency, employee leasing company, or other con-
tractor must not bear the risk of loss for damages
caused during the performance of the contract.
The person for whom the services are performed
must bear the risk of loss; and
(c) The temporary or leased employee or con-
tract laborer is controlled by the employer as if he
or she were a full-time permanent employee.
“Control” includes, but is not limited to, schedul-
ing work hours, designating work duties, and
directing work performance.
(viii)(a) Additionally, the gross receipts tax lev-
ied in this section shall not apply to the initial
installation, alteration, addition, cleaning, refin-
ishing, replacement, or repair of nonmechanical,
passive, or manually operated components of
buildings or other improvements or structures
affixed to real estate, including, but not limited to,
the following:
(1) Walls;
(2) Ceilings;
(3) Doors;
(4) Locks;
(5) Windows;
(6) Glass;
8426-52-301 TAXATION
(7) Heat and air ducts;
(8) Roofs;
(9) Wiring;
(10) Breakers;
(11) Breaker boxes;
(12) Electrical switches and receptacles;
(13) Light fixtures;
(14) Pipes;
(15) Plumbing fixtures;
(16) Fire and security alarms;
(17) Intercoms;
(18) Sprinkler systems;
(19) Parking lots;
(20) Fences;
(21) Gates;
(22) Fireplaces; and
(23) Similar components which become a part
of real estate after installation, except flooring.
(b) A contractor is deemed to be a consumer or
user of all tangible personal property, specified
digital products, or digital codes used or consumed
by the contractor in providing the nontaxable
services, in the same manner as when performing
any other contract.
(c) This subdivision (3)(B)(viii) shall not apply
to any services subject to tax pursuant to the
terms of subdivision (3)(D) of this section.
(ix) The gross receipts tax levied in subdivision
(3)(B)(i) of this section shall not apply to the
service of initial installation of any property that
is specifically exempted from the tax imposed by
this chapter;
(C)(i) Service of cable television, community
antenna television, and any and all other distri-
bution of television, video, or radio services with
or without the use of wires provided to subscribers
or paying customers or users, including all service
charges and rental charges, whether for basic
service, premium channels, or other special ser-
vice, and including installation and repair service
charges and any other charges having any connec-
tion with the providing of these services.
(ii) The tax levied by this section does not apply
to services purchased by a radio or television
company for use in providing its services.
(iii)(a) The tax levied by this section applies to
the sale of a subscription for digital audio-visual
work and digital audio work to an end user that
does not have the right of permanent use granted
by the seller and the use is contingent on contin-
ued payments by the purchaser.
(b) As used in this subdivision (3)(C)(iii):
(1) “Digital audio-visual work” means an elec-
tronically transferred series of related images that
when shown in succession, impart an impression
of motion, together with accompanying sounds, if
any; and
(2) “Digital audio work” means an electroni-
cally transferred work that results from the fixa-
tion of a series of musical, spoken, or other sounds,
including ringtones; and
(D)(i) Service of:
(a) Providing transportation or delivery of
money, property, or valuables by armored car;
(b) Providing cleaning or janitorial work;
(c) Pool cleaning and servicing;
(d) Pager services;
(e) Telephone answering services;
(f) Lawn care and landscaping services;
(g) Parking a motor vehicle or allowing the
motor vehicle to be parked;
(h) Storing a motor vehicle;
(i) Storing furs; and
(j) Providing indoor tanning at a tanning salon.
(ii) As used in subdivision (3)(D)(i) of this sec-
tion:
(a) “Landscaping” means the installation, pres-
ervation, or enhancement of ground covering by
planting trees, bushes and shrubbery, grass, flow-
ers, and other types of decorative plants;
(b) “Lawn care” means the maintenance, pres-
ervation, or enhancement of ground covering of
nonresidential property and does not include
planting trees, bushes and shrubbery, grass, flow-
ers, and other types of decorative plants; and
(c) “Residential” means a single family resi-
dence used solely as the principal place of resi-
dence of the owner;
(4) Printing of all kinds, types, and characters,
including the service of overprinting, and photogra-
phy of all kinds;
(5) Tickets or admissions to places of amusement
or to athletic, entertainment, or recreational events,
or fees for access to or the use of amusement,
entertainment, athletic, or recreational facilities;
(6)(A) Dues and membership fees to:
(i) Health spas, health clubs, and fitness clubs;
and
(ii) Private clubs within the meaning of § 3-9-
202(14) which hold any permit from the Alcoholic
Beverage Control Board allowing the sale, dis-
pensing, or serving of alcoholic beverages of any
kind on the premises.
(B)(i) Except as provided in subdivision
(6)(B)(ii) of this section, the gross receipts derived
from services provided by or through a health spa,
health club, fitness club, or private club shall not
be subject to gross receipts tax unless the service
is specifically enumerated as a taxable service
under this chapter.
(ii) The gross receipts derived by a private club
from the charges to members for the preparation
and serving of mixed drinks or for the cooling and
serving of beer and wine shall be subject to gross
receipts tax as well as any supplemental taxes as
provided by law;
(7)(A) Contracts, including service contracts,
maintenance agreements and extended warran-
ties, which in whole or in part provide for the
future performance of or payment for services
which are subject to gross receipts tax.
(B) The seller of the contract must collect and
remit the tax due on the sale of the contract except
85 26-52-301GROSS RECEIPTS TAX
when the contract is sold simultaneously with a
motor vehicle in which case the purchaser of the
motor vehicle shall pay gross receipts tax on the
purchase of the contract at the time of vehicle
registration; and
(8) The total gross receipts derived from the retail
sale of any device used in playing bingo and any
charge for admittance to facilities or for the right to
play bingo or other games of chance regardless of
whether the activity might otherwise be prohibited
by law.
History. Acts 1941, No. 386, § 3; 1945, No. 64, § 1; 1951 (1st Ex.
Sess.), No. 8, § 1; 1957, No. 19, § 1; 1959, No. 260, § 1; 1971, No.
214, § 1; 1973, No. 181, § 1; 1977, No. 500, § 1; 1979, No. 585, § 1;
1981, No. 471, § 1; 1981, No. 983, § 1; A.S.A. 1947, §§ 84-1903,
84-1903.4; Acts 1987, No. 27, § 2; 1987, No. 188, § 1; 1989, No. 769,
§ 1; 1989 (3rd Ex. Sess.), No. 89, § 1; 1992 (1st Ex. Sess.), No. 58,
§ 2; 1992 (1st Ex. Sess.), No. 61, § 2; 1992 (2nd Ex. Sess.), No. 5,
§§ 1, 2; 1993, No. 282, § 1; 1993, No. 1245, § 4; 1995, No. 257, § 1;
1995, No. 284, § 1; 1995, No. 835, § 2; 1995, No. 1040, § 1; 1997,
No. 1076, § 2; 1997, No. 1252, § 1; 1997, No. 1263, § 1; 1997, No.
1359, § 32; 1999, No. 1152, § 2; 1999, No. 1348, § 1; 2001, No. 907,
§ 2; 2001, No. 1064, § 1; 2003, No. 1112, § 1; 2003, No. 1273, § 6;
2003 (2nd Ex. Sess.), No. 107, §§ 5, 6; 2005, No. 1879, § 1; 2007,
No. 154, §§ 3, 4; 2007, No. 110, § 3; 2009, No. 384, § 3; 2011, No.
291, § 9; 2017, No. 141, §§ 15, 16.
26-52-302. Additional taxes levied. [Appli-
cable to tax years 2017 and before.]
(a)(1) In addition to the excise tax levied upon the
gross proceeds or gross receipts derived from all
sales by this chapter, except for food and food ingre-
dients that are taxed under § 26-52-317, there is
levied an excise tax of one percent (1%) upon all
taxable sales of property and services subject to the
tax levied in this chapter.
(2) This tax shall be collected, reported, and paid
in the same manner and at the same time as is
prescribed by law for the collection, reporting, and
payment of all other Arkansas gross receipts taxes.
(3) In computing gross receipts or gross proceeds
as defined in § 26-52-103, a deduction shall be
allowed for bad debts resulting from the sale of
tangible personal property.
(b)(1) In addition to the excise tax levied upon the
gross proceeds or gross receipts derived from all
sales by this chapter, except for food and food ingre-
dients that are taxed under § 26-52-317, there is
hereby levied an excise tax of one-half of one percent
(0.5%) upon all taxable sales of property and ser-
vices subject to the tax levied in this chapter.
(2) This tax shall be collected, reported, and paid
in the same manner and at the same time as is
prescribed by law for the collection, reporting, and
payment of all other Arkansas gross receipts taxes.
(3) However, in computing gross receipts or gross
proceeds as defined in § 26-52-103, a deduction
shall be allowed for bad debts resulting from the sale
of tangible personal property.
(c)(1) Except for food and food ingredients that
are taxed under § 26-52-317, there is levied an
additional excise tax of one-half of one percent
(0.5%) upon all taxable sales of property and ser-
vices subject to the tax levied by this chapter.
(2) The tax shall be collected, reported, and paid
in the same manner and at the same time as is
prescribed by this chapter, for the collection, report-
ing, and payment of Arkansas gross receipts taxes.
(d)(1) Except for food and food ingredients that
are taxed under § 26-52-317, there is levied an
additional excise tax of seven-eighths of one percent
(0.875%) upon all taxable sales of property and
services subject to the tax levied by this chapter.
(2) The tax shall be collected, reported, and paid
in the same manner and at the same time as
prescribed by this chapter, for the collection, report-
ing, and payment of Arkansas gross receipts taxes.
History. Acts 1971, No. 214, § 2; 1979, No. 401, § 48; 1983 (1st
Ex. Sess.), No. 63, § 1; A.S.A. 1947, § 84-1903.1; Acts 1991, No. 3,
§ 1; 1999, No. 1492, § 3; 2000 (2nd Ex. Sess.), No. 1 § 8; 2000 (2nd
Ex. Sess.), No. 2, § 8; 2003 (2nd Ex. Sess.), No. 107, § 1; 2007, No.
110, § 4.
26-52-302. Additional taxes levied. [Appli-
cable to tax years 2018 and thereafter.]
(a)(1) In addition to the excise tax levied upon the
gross proceeds or gross receipts derived from all
sales by this chapter, except for food and food ingre-
dients that are taxed under § 26-52-317, there is
levied an excise tax of one percent (1%) upon all
taxable sales of property, specified digital products,
digital codes, and services subject to the tax levied in
this chapter.
(2) This tax shall be collected, reported, and paid
in the same manner and at the same time as is
prescribed by law for the collection, reporting, and
payment of all other Arkansas gross receipts taxes.
(3) In computing gross receipts or gross proceeds
as defined in § 26-52-103, a deduction shall be
allowed for bad debts resulting from the sale of
tangible personal property.
(b)(1) In addition to the excise tax levied upon the
gross proceeds or gross receipts derived from all
sales by this chapter, except for food and food ingre-
dients that are taxed under § 26-52-317, there is
hereby levied an excise tax of one-half of one percent
(0.5%) upon all taxable sales of property, specified
digital products, digital codes, and services subject
to the tax levied in this chapter.
(2) This tax shall be collected, reported, and paid
in the same manner and at the same time as is
prescribed by law for the collection, reporting, and
payment of all other Arkansas gross receipts taxes.
(3) However, in computing gross receipts or gross
proceeds as defined in § 26-52-103, a deduction
shall be allowed for bad debts resulting from the sale
of tangible personal property.
(c)(1) Except for food and food ingredients that
are taxed under § 26-52-317, there is levied an
additional excise tax of one-half of one percent
(0.5%) upon all taxable sales of property, specified
digital products, digital codes, and services subject
to the tax levied by this chapter.
8626-52-302 TAXATION
(2) The tax shall be collected, reported, and paid
in the same manner and at the same time as is
prescribed by this chapter, for the collection, report-
ing, and payment of Arkansas gross receipts taxes.
(d)(1) Except for food and food ingredients that
are taxed under § 26-52-317, there is levied an
additional excise tax of seven-eighths of one percent
(0.875%) upon all taxable sales of property, specified
digital products, digital codes, and services subject
to the tax levied by this chapter.
(2) The tax shall be collected, reported, and paid
in the same manner and at the same time as
prescribed by this chapter, for the collection, report-
ing, and payment of Arkansas gross receipts taxes.
History. Acts 1971, No. 214, § 2; 1979, No. 401, § 48; 1983 (1st
Ex. Sess.), No. 63, § 1; A.S.A. 1947, § 84-1903.1; Acts 1991, No. 3,
§ 1; 1999, No. 1492, § 3; 2000 (2nd Ex. Sess.), No. 1 § 8; 2000 (2nd
Ex. Sess.), No. 2, § 8; 2003 (2nd Ex. Sess.), No. 107, § 1; 2007, No.
110, § 4; 2017, No. 141, § 17.
26-52-310 — 26-52-313. [Repealed.]
Publisher’s Notes. These sections, concerning rental and mov-
ing vehicle taxes, was repealed by Acts 2007, No. 182, §§ 2-4. The
sections were derived from the following sources:
26-52-310. Acts 1987 (1st Ex. Sess.), No. 13, §§ 2, 4; 1989, No.
510, §§ 2-4; 1991, No. 1026, § 1; 1999, No. 1220, § 2.
26-52-311. Acts 1989, No. 510, §§ 1, 3, 4; 1993, No. 1059, § 1;
1993, No. 1152, § 1; 1993, No. 1162, § 1; 1999 No. 1220, § 3; 2001,
No. 949, § 1; 2003 (2nd Ex. Sess.), No. 107, § 2; 2005, No. 664, § 1.
26-52-312. Acts 1993, No. 1162, § 2.
26-52-313. Acts 1997, No. 1076, § 3.
S
UBCHAPTER 4 — EXEMPTIONS
SECTION
.
26-52-401
. Various products and services. [Applicable to tax years
2017 and before.]
26-52-401
. Various products and services. [Applicable to tax years
2018 and thereafter.]
26-52-401. Various products and services. [Ap-
plicable to tax years 2017 and before.]
There is specifically exempted from the tax im-
posed by this chapter the following:
(1) The gross receipts or gross proceeds derived
from the sale of tangible personal property or ser-
vices by churches, except when the organizations
may be engaged in business for profit;
(2) The gross receipts or gross proceeds derived
from the sale of tangible personal property or service
by charitable organizations, except when the orga-
nizations may be engaged in business for profit;
(3) Gross receipts or gross proceeds derived from
the sale of food, food ingredients, or prepared food in
public, common, high school, or college cafeterias
and lunch rooms operated primarily for teachers
and pupils, not operated primarily for the public and
not operated for profit;
(4) Gross receipts or gross proceeds derived from
the sale of newspapers;
(5) Gross receipts or gross proceeds derived from
sales to the United States Government;
(6) Gross receipts or gross proceeds derived from
the sale of motor vehicles and adaptive equipment to
disabled veterans who have purchased the motor
vehicles or adaptive equipment with the financial
assistance of the United States Department of Vet-
erans Affairs as provided under 38 U.S.C. §§ 3902
— 3903;
(7) Gross receipts or gross proceeds derived from
the sale of tangible personal property including but
not limited to office supplies; office equipment; pro-
gram items at camp such as bows, arrows, and rope;
rifles for rifle range and other rifle items; food, food
ingredients, or prepared food for camp; lumber and
supplies used in camp maintenance; camp equip-
ment; first aid supplies for camp; the leasing of cars
used in promoting scouting; or services to the Boy
Scouts of America chartered by the United States
Congress in 1916 or the Girl Scouts of the United
States of America chartered by the United States
Congress in 1950 or any of the scout councils in the
State of Arkansas;
(8) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to the
Boys & Girls Club of America;
(9) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to the
Poets’ Roundtable of Arkansas;
(10) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to 4-H
clubs and FFA clubs in this state, to the Arkansas
4-H Foundation, the Arkansas Future Farmers of
America Foundation, and the Arkansas Future
Farmers of America Association;
(11)(A) Gross receipts or gross proceeds derived
from the sale of:
(i) Gasoline or motor vehicle fuel on which the
motor vehicle fuel or gasoline tax has been paid to
the State of Arkansas;
(ii) Special fuel or petroleum products sold for
consumption by vessels, barges, and other com-
mercial watercraft and railroads;
(iii) Dyed distillate special fuel on which the tax
levied by § 26-56-224 has been paid; and
(iv)(a) Biodiesel fuel.
(b) As used in this subdivision (11)(A)(iv), “bio-
diesel fuel” means a diesel fuel substitute pro-
duced from nonpetroleum renewable resources.
(B) Nothing in this subdivision (11) shall ex-
empt gasoline from the wholesale gross receipts
tax imposed pursuant to Acts 1995, No. 1005;
(12)(A) Gross receipts or gross proceeds derived
from sales for resale to persons regularly engaged
in the business of reselling the articles purchased,
whether within or without the state if the sales
within the state are made to persons to whom
gross receipts tax permits have been issued as
provided in § 26-52-202.
(B)(i) Goods, wares, merchandise, and property
sold for use in manufacturing, compounding, pro-
cessing, assembling, or preparing for sale can be
classified as having been sold for the purposes of
87 26-52-401GROSS RECEIPTS TAX
resale or the subject matter of resale only in the
event the goods, wares, merchandise, or property
becomes a recognizable integral part of the manu-
factured, compounded, processed, assembled, or
prepared products.
(ii) The sales of goods, wares, merchandise, and
property not conforming to this requirement are
classified for the purpose of this act as being “for
consumption or use”;
(13) Gross proceeds derived from sales of adver-
tising space in newspapers and publications and
billboard advertising services;
(14) Gross receipts or gross proceeds derived from
sales of publications sold through regular subscrip-
tion, regardless of the type or content of the publi-
cation or the place printed or published;
(15) Gross receipts or gross proceeds derived from
gate admission fees at state, district, county, or
township fairs or at any rodeo if the gross receipts or
gross proceeds derived from gate admission fees to
the rodeo are used exclusively for the improvement,
maintenance, and operation of the rodeo and if no
part of the net earnings of the state, district, county,
or township fair or rodeo inures to the benefit of any
private stockholder or individual;
(16) Gross receipts or gross proceeds derived from
sales for resale which the state is prohibited by the
United States Constitution and laws of the United
States from taxing or further taxing, or which the
state is prohibited by the Arkansas Constitution
from taxing or further taxing;
(17) Gross receipts or gross proceeds derived from
isolated sales not made by an established business;
(18)(A) Gross receipts or gross proceeds derived
from the sale of:
(i) Any cotton or seed cotton or lint cotton or
baled cotton, whether compressed or not, or cotton
seed in its original condition;
(ii) Seed for use in the commercial production of
an agricultural product or of seed;
(iii) Raw products from the farm, orchard, or
garden, when the sale is made by the producer of
the raw products directly to the consumer and
user, including the sale of raw products from a
farm, orchard, or garden that are produced and
sold by the producer of the raw products at a
farmers’ market, including without limitation cut
or dried flowers, plants, vegetables, fruits, nuts,
and herbs;
(iv) Livestock, poultry, poultry products, and
dairy products of producers owning not more than
five (5) cows; and
(v) Baby chickens.
(B)(i) An exemption granted by this subdivision
(18) shall not apply when the articles are sold at or
from an established business, even though sold by
the producer of the articles.
(ii) A farmers’ market is not an established
business if the farmers’ market sells raw product
directly to the user of the raw product and the
farmers’ market is:
(a) Comprised of one (1) or more producers of a
raw product;
(b) Operated seasonally; and
(c) Held out-of-doors or in a public space.
(C)(i) However, nothing in subdivision (18)(B)
of this section shall be construed to mean that the
gross receipts or gross proceeds received by the
producer from the sale of the products mentioned
in this subdivision (18) shall be taxable when the
producer sells commodities produced on his or her
farm at an established business located on his or
her farm.
(ii) The provisions of this subdivision (18) are
intended to exempt the sale by livestock producers
of livestock sold at special livestock sales.
(iii) The provisions of this subdivision (18) shall
not be construed to exempt sales of dairy products
by any other businesses.
(iv) The provisions of this subdivision (18) shall
not be construed to exempt sales by florists and
nurserymen. As used in this subdivision (18),
“nurserymen” does not include Christmas tree
farmers;
(19) Gross receipts or gross proceeds derived from
the sale of food, food ingredients, or prepared food to
governmental agencies for free distribution to any
public, penal, and eleemosynary institutions or for
free distribution to the poor and needy;
(20)(A) Gross receipts or gross proceeds derived
from the rental or sale of medical equipment, for
the benefit of persons enrolled in and eligible for
Medicare or Medicaid programs as contained in
Titles XVIII and XIX of the Social Security Act, or
successor programs or any other present or future
United States Government subsidized healthcare
program, by medical equipment suppliers doing
business in the State of Arkansas.
(B) However, this exemption applies only to
receipts or proceeds received directly or indirectly
through an organization administering the pro-
gram in the State of Arkansas pursuant to a
contract with the United States Government in
accordance with the terms thereof;
(21)(A) Gross receipts or gross proceeds derived
from the sale of any tangible personal property or
services as specifically provided in this subdivi-
sion (21) to any hospital or sanitarium operated
for charitable and nonprofit purposes or any non-
profit organization whose sole purpose is to pro-
vide temporary housing to the family members of
patients in a hospital or sanitarium.
(B) However, gross proceeds and gross receipts
derived from the sale of materials used in the
original construction or repair or further exten-
sion of the hospital or sanitarium or temporary
housing facilities, except state-owned tax-sup-
ported hospitals and sanitariums, shall not be
exempt from this chapter;
(22) Gross receipts or gross proceeds derived from
the sale of used tangible personal property when the
used property was:
8826-52-401 TAXATION
(A) Traded in and accepted by the seller as part
of the sale of other tangible personal property; and
(B)(i) The state gross receipts tax was collected
and paid on the total amount of consideration for
the sale of the other tangible personal property
without any deduction or credit for the value of
the used tangible personal property.
(ii) The condition that the state gross receipts
tax was collected and paid on the total amount of
consideration is not required for entitlement to
this exemption when the sale of the other tangible
personal property was otherwise exempt under
other provisions of this chapter.
(iii) This subdivision (22) does not apply to
transactions involving used automobiles under
§ 26-52-510(b) or used aircraft under § 26-52-
505;
(23) Gross receipts or gross proceeds derived from
the sale of unprocessed crude oil;
(24) The gross receipts or gross proceeds derived
from the sale of electricity used in the manufacture
of aluminum metal by the electrolytic reduction
process;
(25) The gross receipts or gross proceeds derived
from the sale of articles sold on the premises of the
Arkansas State Veterans Home;
(26) That portion of the gross receipts or gross
proceeds derived from the sale of automobile parts
which constitute core charges which are received for
the purpose of securing a trade-in for the article
purchased, except that when the article is not traded
in, then the tax is due on the core charge;
(27)(A) Gross receipts and gross proceeds derived
from the sale of:
(i) Tangible personal property lawfully pur-
chased with food stamps or food coupons issued in
accordance with the Food Stamp Act of 1964, 7
U.S.C. § 2011 et seq.;
(ii) Tangible personal property lawfully pur-
chased with food instruments or vouchers issued
under the Special Supplemental Nutrition Pro-
gram for Women, Infants, and Children in accor-
dance with Section 17 of the Child Nutrition Act of
1966, 42 U.S.C § 1786, as amended; and
(iii) Food or food ingredients purchased
through bids under the Special Supplemental Nu-
trition Program for Women, Infants, and Chil-
dren.
(B) If consideration other than food stamps,
food coupons, food instruments, or vouchers is
used in any sale, that portion of the sale shall be
fully taxable.
(C) The tax exemption provided by this subdi-
vision (27) shall expire if the exemption becomes
no longer required for full participation in the food
stamp program and the Special Supplemental
Nutrition Program for Women, Infants, and Chil-
dren;
(28)(A) Parts or other tangible personal property
incorporated into or that become a part of com-
mercial jet aircraft components, or commercial jet
aircraft subcomponents, and the services required
to incorporate the parts or other tangible personal
property or otherwise make the parts or other
tangible personal property part of a commercial
jet aircraft component or commercial jet aircraft
subcomponent.
(B) As used in this subdivision (28), “commer-
cial jet aircraft” means a commercial, military,
private, or other turbine or turbo jet aircraft
having a certified maximum take-off weight of
twelve thousand five hundred pounds (12,500 lbs.)
or more;
(29) Gross receipts or gross proceeds derived from
the sale of any tangible personal property specifi-
cally exempted from taxation by the Arkansas Com-
pensating Tax Act of 1949, § 26-53-101 et seq.;
(30)(A) The gross receipts proceeds charged to a
consumer or user for the transfer of fill material
by a business engaged in transporting or deliver-
ing fill material, provided:
(i) The fill material was obtained free of charge
by a business engaged in transporting or deliver-
ing fill material; and
(ii) The charge to the consumer or user is only
for delivery.
(B) Any business claiming the exemption under
subdivision (30)(A) of this section shall keep suit-
able records necessary to determine that fill ma-
terial was obtained without charge;
(31) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to
Habitat for Humanity;
(32) Gross receipts or gross proceeds derived from
the long-term lease, thirty (30) days or more, of
commercial trucks used for interstate transporta-
tion of goods if the trucks are registered under an
international registration plan similar to § 27-14-
501 et seq. and administered by another state which
offers reciprocal privileges for vehicles registered
under § 27-14-501 et seq.;
(33) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to The
Salvation Army;
(34) Gross receipts or gross proceeds derived from
sales of tangible personal property and services to
Heifer International, Inc.;
(35)(A) Gross receipts or gross proceeds derived
from the sale of catalysts, chemicals, reagents,
and solutions which are consumed or used:
(i) In producing, manufacturing, fabricating,
processing, or finishing articles of commerce at
manufacturing or processing plants or facilities in
the State of Arkansas; and
(ii) By manufacturing or processing plants or
facilities in the state to prevent or reduce air or
water pollution or contamination which might
otherwise result from the operation of the plant or
facility.
(B) As used in this subdivision (35), “manufac-
turing” and “processing” mean the same as set
forth in § 26-52-402(b);
89 26-52-401GROSS RECEIPTS TAX
(36) Gross receipts or gross proceeds derived from
the sale of:
(A) Fuel packaging materials to a person en-
gaged in the business of processing hazardous and
nonhazardous waste materials into fuel products
at a facility permitted by the Arkansas Depart-
ment of Environmental Quality for hazardous
waste treatment; and
(B) Machinery and equipment, including ana-
lytical equipment and chemicals used directly in
processing and packaging of hazardous and non-
hazardous waste materials into fuel products at a
facility permitted by the Arkansas Department of
Environmental Quality for hazardous waste treat-
ment;
(37) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to the
Arkansas Symphony Orchestra Society, Inc.;
(38) Gross receipts or gross proceeds from the sale
of any good, ware, merchandise, or tangible personal
property withdrawn or used from an established
business or from the stock in trade of the established
reserves for consumption or use in an established
business or by any other person if the good, ware,
merchandise, or tangible personal property with-
drawn or used is donated to a National Guard
member, emergency service worker, or volunteer
providing services to a county which has been de-
clared a disaster area by the Governor; and
(39) Gross receipts or gross proceeds derived from
sales of tangible personal property or services to the
Arkansas Black Hall of Fame Foundation.
History. Acts 1941, No. 386, § 4; 1947, No. 102, § 1; 1949, No.
15, § 1; 1949, No. 152, § 1; 1961, No. 213, § 1; 1965, No. 133, § 1;
1967, No. 113, § 1; 1968 (1st Ex. Sess.), No. 5, § 1; 1973, No. 403,
§ 1; 1975, No. 922, § 1; 1975, No. 927, § 1; 1975 (Extended Sess.,
1976), No. 1013, § 1; 1977, No. 252, § 1; 1977, No. 382, § 1; 1979,
No. 324, § 16; 1979, No. 630, § 1; 1981, No. 706, § 1; 1985, No. 518,
§ 1; A.S.A. 1947, § 84-1904; Acts 1987, No. 7, § 1; 1987, No. 986,
§§ 1-3; 1987, No. 1033, §§ 11, 12; 1989, No. 753, § 1; 1991, No. 458,
§ 2; 1992 (1st Ex. Sess.), No. 58, § 3; 1992 (1st Ex. Sess.), No. 61,
§ 3; 1993, No. 617, §§ 1, 2; 1993, No. 820, § 1; 1993, No. 987, § 1;
1993, No. 1183, § 1; 1995, No. 504, § 1; 1995, No. 516, § 1; 1995,
No. 850, § 2; 1995, No. 1005, § 2; 1997, No. 603, § 1; 1997, No.
1222, § 1; 1999, No. 854, § 1; 2001, No. 1683, § 1; 2005, No. 2132,
§ 1; 2007, No. 87, § 1; 2007, No. 181, §§ 15-19; 2007, No. 860, § 3;
2009, No. 655, § 16; 2009, No. 1205, § 1; 2011, No. 983, § 8; 2011,
No. 998, § 2; 2015, No. 1182, § 1.
26-52-401. Various products and services. [Ap-
plicable to tax years 2018 and thereafter.]
There is specifically exempted from the tax im-
posed by this chapter the following:
(1) The gross receipts or gross proceeds derived
from the sale of tangible personal property, specified
digital products, a digital code, or services by
churches, except when the organizations may be
engaged in business for profit;
(2) The gross receipts or gross proceeds derived
from the sale of tangible personal property, specified
digital products, a digital code, or service by chari-
table organizations, except when the organizations
may be engaged in business for profit;
(3) Gross receipts or gross proceeds derived from
the sale of food, food ingredients, or prepared food in
public, common, high school, or college cafeterias
and lunch rooms operated primarily for teachers
and pupils, not operated primarily for the public and
not operated for profit;
(4) Gross receipts or gross proceeds derived from
the sale of newspapers;
(5) Gross receipts or gross proceeds derived from
sales to the United States Government;
(6) Gross receipts or gross proceeds derived from
the sale of motor vehicles and adaptive equipment to
disabled veterans who have purchased the motor
vehicles or adaptive equipment with the financial
assistance of the United States Department of Vet-
erans Affairs as provided under 38 U.S.C. §§ 3902
— 3903;
(7) Gross receipts or gross proceeds derived from
the sale of specified digital products, a digital code,
tangible personal property, including without limi-
tation office supplies; office equipment; program
items at camp such as bows, arrows, and rope; rifles
for rifle range and other rifle items; food, food
ingredients, or prepared food for camp; lumber and
supplies used in camp maintenance; camp equip-
ment; first aid supplies for camp; the leasing of cars
used in promoting scouting; or services to the Boy
Scouts of America chartered by the United States
Congress in 1916 or the Girl Scouts of the United
States of America chartered by the United States
Congress in 1950 or any of the scout councils in the
State of Arkansas;
(8) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to the Boys &
Girls Club of America;
(9) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to the Poets’
Roundtable of Arkansas;
(10) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to 4-H clubs and
FFA clubs in this state, to the Arkansas 4-H Foun-
dation, the Arkansas Future Farmers of America
Foundation, and the Arkansas Future Farmers of
America Association;
(11)(A) Gross receipts or gross proceeds derived
from the sale of:
(i) Gasoline or motor vehicle fuel on which the
motor vehicle fuel or gasoline tax has been paid to
the State of Arkansas;
(ii) Special fuel or petroleum products sold for
consumption by vessels, barges, and other com-
mercial watercraft and railroads;
(iii) Dyed distillate special fuel on which the tax
levied by § 26-56-224 has been paid; and
(iv)(a) Biodiesel fuel.
(b) As used in this subdivision (11)(A)(iv), “bio-
diesel fuel” means a diesel fuel substitute pro-
duced from nonpetroleum renewable resources.
9026-52-401 TAXATION
(B) Nothing in this subdivision (11) shall ex-
empt gasoline from the wholesale gross receipts
tax imposed pursuant to Acts 1995, No. 1005;
(12)(A) Gross receipts or gross proceeds derived
from sales for resale to persons regularly engaged
in the business of reselling the articles purchased,
whether within or without the state if the sales
within the state are made to persons to whom
gross receipts tax permits have been issued as
provided in § 26-52-202.
(B)(i) Goods, wares, merchandise, and property
sold for use in manufacturing, compounding, pro-
cessing, assembling, or preparing for sale can be
classified as having been sold for the purposes of
resale or the subject matter of resale only in the
event the goods, wares, merchandise, or property
becomes a recognizable integral part of the manu-
factured, compounded, processed, assembled, or
prepared products.
(ii) The sales of goods, wares, merchandise, and
property not conforming to this requirement are
classified for the purpose of this act as being “for
consumption or use”;
(13) Gross proceeds derived from sales of adver-
tising space in newspapers and publications and
billboard advertising services;
(14) Gross receipts or gross proceeds derived from
sales of publications sold through regular subscrip-
tion, regardless of the type or content of the publi-
cation or the place printed or published;
(15) Gross receipts or gross proceeds derived from
gate admission fees at state, district, county, or
township fairs or at any rodeo if the gross receipts or
gross proceeds derived from gate admission fees to
the rodeo are used exclusively for the improvement,
maintenance, and operation of the rodeo and if no
part of the net earnings of the state, district, county,
or township fair or rodeo inures to the benefit of any
private stockholder or individual;
(16) Gross receipts or gross proceeds derived from
sales for resale which the state is prohibited by the
United States Constitution and laws of the United
States from taxing or further taxing, or which the
state is prohibited by the Arkansas Constitution
from taxing or further taxing;
(17) Gross receipts or gross proceeds derived from
isolated sales not made by an established business;
(18)(A) Gross receipts or gross proceeds derived
from the sale of:
(i) Any cotton or seed cotton or lint cotton or
baled cotton, whether compressed or not, or cotton
seed in its original condition;
(ii) Seed for use in the commercial production of
an agricultural product or of seed;
(iii) Raw products from the farm, orchard, or
garden, when the sale is made by the producer of
the raw products directly to the consumer and
user, including the sale of raw products from a
farm, orchard, or garden that are produced and
sold by the producer of the raw products at a
farmers’ market, including without limitation cut
or dried flowers, plants, vegetables, fruits, nuts,
and herbs;
(iv) Livestock, poultry, poultry products, and
dairy products of producers owning not more than
five (5) cows; and
(v) Baby chickens.
(B)(i) An exemption granted by this subdivision
(18) shall not apply when the articles are sold at or
from an established business, even though sold by
the producer of the articles.
(ii) A farmers’ market is not an established
business if the farmers’ market sells raw product
directly to the user of the raw product and the
farmers’ market is:
(a) Comprised of one (1) or more producers of a
raw product;
(b) Operated seasonally; and
(c) Held out-of-doors or in a public space.
(C)(i) However, nothing in subdivision (18)(B)
of this section shall be construed to mean that the
gross receipts or gross proceeds received by the
producer from the sale of the products mentioned
in this subdivision (18) shall be taxable when the
producer sells commodities produced on his or her
farm at an established business located on his or
her farm.
(ii) The provisions of this subdivision (18) are
intended to exempt the sale by livestock producers
of livestock sold at special livestock sales.
(iii) The provisions of this subdivision (18) shall
not be construed to exempt sales of dairy products
by any other businesses.
(iv) The provisions of this subdivision (18) shall
not be construed to exempt sales by florists and
nurserymen. As used in this subdivision (18),
“nurserymen” does not include Christmas tree
farmers;
(19) Gross receipts or gross proceeds derived from
the sale of food, food ingredients, or prepared food to
governmental agencies for free distribution to any
public, penal, and eleemosynary institutions or for
free distribution to the poor and needy;
(20)(A) Gross receipts or gross proceeds derived
from the rental or sale of medical equipment, for
the benefit of persons enrolled in and eligible for
Medicare or Medicaid programs as contained in
Titles XVIII and XIX of the Social Security Act, or
successor programs or any other present or future
United States Government subsidized healthcare
program, by medical equipment suppliers doing
business in the State of Arkansas.
(B) However, this exemption applies only to
receipts or proceeds received directly or indirectly
through an organization administering the pro-
gram in the State of Arkansas pursuant to a
contract with the United States Government in
accordance with the terms thereof;
(21)(A) Gross receipts or gross proceeds derived
from the sale of tangible personal property, speci-
fied digital products, a digital code, or services as
specifically provided in this subdivision (21) to a
91 26-52-401GROSS RECEIPTS TAX
hospital or sanitarium operated for charitable and
nonprofit purposes or a nonprofit organization
whose sole purpose is to provide temporary hous-
ing to the family members of patients in a hospital
or sanitarium.
(B) However, gross proceeds and gross receipts
derived from the sale of materials used in the
original construction or repair or further exten-
sion of the hospital or sanitarium or temporary
housing facilities, except state-owned tax-sup-
ported hospitals and sanitariums, shall not be
exempt from this chapter;
(22) Gross receipts or gross proceeds derived from
the sale of used tangible personal property when the
used property was:
(A) Traded in and accepted by the seller as part
of the sale of other tangible personal property; and
(B)(i) The state gross receipts tax was collected
and paid on the total amount of consideration for
the sale of the other tangible personal property
without any deduction or credit for the value of
the used tangible personal property.
(ii) The condition that the state gross receipts
tax was collected and paid on the total amount of
consideration is not required for entitlement to
this exemption when the sale of the other tangible
personal property was otherwise exempt under
other provisions of this chapter.
(iii) This subdivision (22) does not apply to
transactions involving used automobiles under
§ 26-52-510(b) or used aircraft under § 26-52-
505;
(23) Gross receipts or gross proceeds derived from
the sale of unprocessed crude oil;
(24) The gross receipts or gross proceeds derived
from the sale of electricity used in the manufacture
of aluminum metal by the electrolytic reduction
process;
(25) The gross receipts or gross proceeds derived
from the sale of articles sold on the premises of the
Arkansas State Veterans Home;
(26) That portion of the gross receipts or gross
proceeds derived from the sale of automobile parts
which constitute core charges which are received for
the purpose of securing a trade-in for the article
purchased, except that when the article is not traded
in, then the tax is due on the core charge;
(27)(A) Gross receipts and gross proceeds derived
from the sale of:
(i) Tangible personal property lawfully pur-
chased with food stamps or food coupons issued in
accordance with the Food Stamp Act of 1964, 7
U.S.C. § 2011 et seq.;
(ii) Tangible personal property lawfully pur-
chased with food instruments or vouchers issued
under the Special Supplemental Nutrition Pro-
gram for Women, Infants and Children in accor-
dance with Section 17 of the Child Nutrition Act of
1966, 42 U.S.C § 1786, as amended; and
(iii) Food or food ingredients purchased
through bids under the Special Supplemental Nu-
trition Program for Women, Infants and Children.
(B) If consideration other than food stamps,
food coupons, food instruments, or vouchers is
used in any sale, that portion of the sale shall be
fully taxable.
(C) The tax exemption provided by this subdi-
vision (27) shall expire if the exemption becomes
no longer required for full participation in the food
stamp program and the Special Supplemental
Nutrition Program for Women, Infants and Chil-
dren;
(28)(A) Parts or other tangible personal property
incorporated into or that become a part of com-
mercial jet aircraft components, or commercial jet
aircraft subcomponents, and the services required
to incorporate the parts or other tangible personal
property or otherwise make the parts or other
tangible personal property part of a commercial
jet aircraft component or commercial jet aircraft
subcomponent.
(B) As used in this subdivision (28), “commer-
cial jet aircraft” means a commercial, military,
private, or other turbine or turbo jet aircraft
having a certified maximum take-off weight of
twelve thousand five hundred pounds (12,500 lbs.)
or more;
(29) Gross receipts or gross proceeds derived from
the sale of tangible personal property, specified
digital products, or a digital code specifically ex-
empted from taxation by the Arkansas Compensat-
ing Tax Act of 1949, § 26-53-101 et seq.;
(30)(A) The gross receipts proceeds charged to a
consumer or user for the transfer of fill material
by a business engaged in transporting or deliver-
ing fill material, provided:
(i) The fill material was obtained free of charge
by a business engaged in transporting or deliver-
ing fill material; and
(ii) The charge to the consumer or user is only
for delivery.
(B) Any business claiming the exemption under
subdivision (30)(A) of this section shall keep suit-
able records necessary to determine that fill ma-
terial was obtained without charge;
(31) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to Habitat for
Humanity;
(32) Gross receipts or gross proceeds derived from
the long-term lease, thirty (30) days or more, of
commercial trucks used for interstate transporta-
tion of goods if the trucks are registered under an
international registration plan similar to § 27-14-
501 et seq. and administered by another state which
offers reciprocal privileges for vehicles registered
under § 27-14-501 et seq.;
(33) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to The Salvation
Army;
(34) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
9226-52-401 TAXATION
products, a digital code, and services to Heifer
International, Inc.;
(35)(A) Gross receipts or gross proceeds derived
from the sale of catalysts, chemicals, reagents,
and solutions which are consumed or used:
(i) In producing, manufacturing, fabricating,
processing, or finishing articles of commerce at
manufacturing or processing plants or facilities in
the State of Arkansas; and
(ii) By manufacturing or processing plants or
facilities in the state to prevent or reduce air or
water pollution or contamination which might
otherwise result from the operation of the plant or
facility.
(B) As used in this subdivision (35), “manufac-
turing” and “processing” mean the same as set
forth in § 26-52-402(b);
(36) Gross receipts or gross proceeds derived from
the sale of:
(A) Fuel packaging materials to a person en-
gaged in the business of processing hazardous and
nonhazardous waste materials into fuel products
at a facility permitted by the Arkansas Depart-
ment of Environmental Quality for hazardous
waste treatment; and
(B) Machinery and equipment, including ana-
lytical equipment and chemicals used directly in
processing and packaging of hazardous and non-
hazardous waste materials into fuel products at a
facility permitted by the Arkansas Department of
Environmental Quality for hazardous waste treat-
ment;
(37) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to the Arkansas
Symphony Orchestra Society, Inc.;
(38) Gross receipts or gross proceeds from the sale
of any good, ware, merchandise, or tangible personal
property withdrawn or used from an established
business or from the stock in trade of the established
reserves for consumption or use in an established
business or by any other person if the good, ware,
merchandise, or tangible personal property with-
drawn or used is donated to a National Guard
member, emergency service worker, or volunteer
providing services to a county which has been de-
clared a disaster area by the Governor; and
(39) Gross receipts or gross proceeds derived from
sales of tangible personal property, specified digital
products, a digital code, or services to the Arkansas
Black Hall of Fame Foundation, Inc.
History. Acts 1941, No. 386, § 4; 1947, No. 102, § 1; 1949, No.
15, § 1; 1949, No. 152, § 1; 1961, No. 213, § 1; 1965, No. 133, § 1;
1967, No. 113, § 1; 1968 (1st Ex. Sess.), No. 5, § 1; 1973, No. 403,
§ 1; 1975, No. 922, § 1; 1975, No. 927, § 1; 1975 (Extended Sess.,
1976), No. 1013, § 1; 1977, No. 252, § 1; 1977, No. 382, § 1; 1979,
No. 324, § 16; 1979, No. 630, § 1; 1981, No. 706, § 1; 1985, No. 518,
§ 1; A.S.A. 1947, § 84-1904; Acts 1987, No. 7, § 1; 1987, No. 986,
§§ 1-3; 1987, No. 1033, §§ 11, 12; 1989, No. 753, § 1; 1991, No. 458,
§ 2; 1992 (1st Ex. Sess.), No. 58, § 3; 1992 (1st Ex. Sess.), No. 61,
§ 3; 1993, No. 617, §§ 1, 2; 1993, No. 820, § 1; 1993, No. 987, § 1;
1993, No. 1183, § 1; 1995, No. 504, § 1; 1995, No. 516, § 1; 1995,
No. 850, § 2; 1995, No. 1005, § 2; 1997, No. 603, § 1; 1997, No.
1222, § 1; 1999, No. 854, § 1; 2001, No. 1683, § 1; 2005, No. 2132,
§ 1; 2007, No. 87, § 1; 2007, No. 181, §§ 15-19; 2007, No. 860, § 3;
2009, No. 655, § 16; 2009, No. 1205, § 1; 2011, No. 983, § 8; 2011,
No. 998, § 2; 2015, No. 1182, § 1; 2017, No. 141, §§ 22-29.
S
UBCHAPTER 5 — RETURNS AND REMITTANCE
OF
TAX
SECTION
.
26-52-510
. Direct payment of tax by consumer-user — New and
used motor vehicles, trailers, or semitrailers.
26-52-513
. Sales of motor-driven and all-terrain vehicles.
26-52-519
. Credit voucher for sales tax on motor vehicles de-
stroyed by catastrophic events.
26-52-521
. Sourcing of sales. [Applicable to tax years 2017 and
before.]
26-52-521
. Sourcing of sales — Definitions. [Applicable to tax
years 2018 and thereafter.]
26-52-510. Direct payment of tax by con-
sumer-user — New and used motor vehicles,
trailers, or semitrailers.
(a)(1) On or before the time for registration as
prescribed by § 27-14-903(a), a consumer shall pay
to the Director of the Department of Finance and
Administration the tax levied by this chapter and all
other gross receipts taxes levied by the state with
respect to the sale of a new or used motor vehicle,
trailer, or semitrailer required to be licensed in this
state, instead of the taxes being collected by the
dealer or seller.
(2) The director shall require the payment of the
taxes at the time of registration before issuing a
license for the new or used motor vehicle, trailer, or
semitrailer.
(3)(A) The taxes apply regardless of whether the
motor vehicle, trailer, or semitrailer is sold by a
vehicle dealer or an individual, corporation, or
partnership not licensed as a vehicle dealer.
(B) The exemption in § 26-52-401(17) for iso-
lated sales does not apply to the sale of a motor
vehicle, trailer, or semitrailer.
(4) If the consumer fails to pay the taxes when
due:
(A) There is assessed a penalty equal to ten
percent (10%) of the amount of taxes due; and
(B) The consumer shall pay to the director the
penalty under subdivision (a)(4)(A) of this section
and the taxes due before the director issues a
license for the motor vehicle, trailer, or semi-
trailer.
(b)(1)(A) Except as provided in this section, when
a used motor vehicle, trailer, or semitrailer is
taken in trade as a credit or part payment on the
sale of a new or used motor vehicle, trailer, or
semitrailer, the tax levied by this chapter and all
other gross receipts taxes levied by the state shall
be paid on the net difference between the total
consideration for the new or used vehicle, trailer,
or semitrailer sold and the credit for the used
vehicle, trailer, or semitrailer taken in trade.
93 26-52-510GROSS RECEIPTS TAX
(B) However, if the total consideration for the
sale of the new or used motor vehicle, trailer, or
semitrailer is less than four thousand dollars
($4,000), no tax shall be due.
(C)(i) When a used motor vehicle, trailer, or
semitrailer is sold by a consumer, rather than
traded-in as a credit or part payment on the sale of
a new or used motor vehicle, trailer, or semitrailer,
and the consumer subsequently purchases a new
or used vehicle, trailer, or semitrailer of greater
value within forty-five (45) days of the sale, the
tax levied by this chapter and all other gross
receipts taxes levied by the state shall be paid on
the net difference between the total consideration
for the new or used vehicle, trailer, or semitrailer
purchased subsequently and the amount received
from the sale of the used vehicle, trailer, or semi-
trailer sold in lieu of a trade-in.
(ii)(a) Upon registration of the new or used
motor vehicle, a consumer claiming the deduction
provided by subdivision (b)(1)(C)(i) of this section
shall provide a bill of sale signed by all parties to
the transaction which reflects the total consider-
ation paid to the seller for the vehicle.
(b) A copy of the bill of sale shall be deposited
with the revenue office at the time of registration
of the new or used motor vehicle.
(c) The deduction provided by this section shall
not be allowed unless the taxpayer claiming the
deduction provides a copy of a bill of sale signed by
all parties to the transaction which reflects the
total consideration paid to the seller for the ve-
hicle.
(iii) If the taxpayer claiming the deduction pro-
vided in this section fails to provide a bill of sale
signed by all parties to the transaction which
reflects the total consideration paid to the seller
for the vehicle, tax shall be due on the total
consideration paid for the new or used vehicle,
trailer, or semitrailer without any deduction for
the value of the item sold.
(2)(A)(i) When a motor vehicle dealer removes a
vehicle from its inventory and the vehicle is used
by the dealership as a service vehicle, the dealer
shall register the vehicle, obtain a certificate of
title, and pay sales tax on the listed retail price of
the new vehicle.
(ii)(a) When the motor vehicle dealer returns
the service vehicle to inventory as a used vehicle
and replaces it with a new vehicle for dealership
use as a service vehicle, the dealer shall pay sales
tax on the difference between the listed retail
price of the new service vehicle to be used by the
dealership and the value of the used service ve-
hicle being returned to inventory.
(b) The value of the used service vehicle shall
be the highest listed wholesale price reflected in
the most current edition of the National Automo-
tive Dealers Association’s Official Used Car Guide.
(B)(i) As used in this subsection, “service ve-
hicle” means a motor vehicle driven exclusively by
an employee of the dealership and used either to
transport dealership customers or dealership
parts and equipment.
(ii) “Service vehicle” does not include motor
vehicles which are rented by the dealership, used
as demonstration vehicles, used by dealership
employees for personal use, or used to haul or pull
other vehicles.
(c) All parts and accessories purchased by motor
vehicle sellers for resale or used by them for the
reconditioning or rebuilding of used motor vehicles
intended for resale are exempt from gross receipts
tax, provided that the motor vehicle seller meets the
requirements of § 26-52-401(12)(A) and applicable
regulations promulgated by the director.
(d) Nothing in this section shall be construed to
repeal any exemption from this chapter.
(e) A credit is not allowed for sales or use taxes
paid to another state with respect to the purchase of
a motor vehicle, trailer, or semitrailer that was first
registered by the purchaser in Arkansas.
(f)(1)(A) Any motor vehicle dealer licensed pursu-
ant to § 27-14-601(a)(6) who has purchased a
used motor vehicle upon payment of all applicable
registration and title fees may register the vehicle
for the sole purpose of obtaining a certificate of
title to the vehicle without payment of gross
receipts tax, except as provided in subdivision
(f)(1)(B) of this section.
(B)(i) The sale of a motor vehicle from the
original franchise dealer to any other dealer, per-
son, corporation, or other entity other than a
franchise dealer of the same make of vehicle and
which sale is reflected on the statement of origin
shall be subject to gross receipts tax.
(ii) The vehicle shall be considered a used mo-
tor vehicle which shall be registered and titled,
and tax shall be paid at the time of registration.
(iii) The provisions of subdivision (f)(1)(A) of
this section shall not apply in those instances.
(2) No license plate shall be provided with the
registration, and the used vehicle titled by a dealer
under this subsection may not be operated on the
public highways unless there is displayed on the
used vehicle a dealer’s license plate issued under the
provisions of § 27-14-601(a)(6)(B)(ii).
(g)(1)(A) For purposes of this section, the total
consideration for a used motor vehicle shall be
presumed to be the greater of the actual sales
price as provided on the bill of sale, invoice or
financing agreement, or the average loan value
price of the vehicle as listed in the most current
edition of a publication which is generally ac-
cepted by the industry as providing an accurate
valuation of used vehicles.
(B) If the published loan value exceeds the
invoiced price, then the taxpayer must establish to
the director’s satisfaction that the price reflected
on the invoice or other document is true and
correct.
(C) If the director determines that the invoiced
price is not the actual selling price of the vehicle,
9426-52-510 TAXATION
then the total consideration will be deemed to be
the published loan value.
(2)(A) For purposes of this section, the total con-
sideration for a new or used trailer or semitrailer
shall be the actual sales price as provided on a bill
of sale, invoice, or financing agreement.
(B) The director may require additional infor-
mation to conclusively establish the true selling
price of the new or used trailer or semitrailer.
History. Acts 1941, No. 386, § 3; 1945, No. 64, § 1; 1957, No. 19,
§§ 1, 4; 1959, No. 260, § 1; A.S.A. 1947, §§ 84-1903, 84-3108n;Acts
1989 (3rd Ex. Sess.), No. 9, § 1; 1991, No. 3, § 6; 1993, No. 285, § 8;
1993, No. 297, § 8; 1995, No. 268, § 6; 1995, No. 390, § 1; 1995, No.
437, § 1; 1995, No. 1013, § 1; 1997, No. 1232, §§ 1, 2; 2001, No.
1047, § 1; 2001, No. 1834, § 1; 2009, No. 655, §§ 21–23; 2011, No.
753, § 1; 2011, No. 983, § 10.
26-52-513. Sales of motor-driven and all-ter-
rain vehicles.
(a) When any person engaged in the business of
selling motor vehicles, motorcycles, motor-driven
cycles, three-wheeled all-terrain vehicles, four-
wheeled all-terrain vehicles, six-wheeled all-terrain
vehicles, or motorized bicycles, sells any motorcycle
or motor-driven cycle that is designed or manufac-
tured exclusively for competition or off-road use, or
sells any three-wheeled all-terrain vehicle, four-
wheeled all-terrain vehicle, six-wheeled all-terrain
vehicle, or motorized bicycle, the person shall collect
and remit the taxes at the same time and in the
same manner as other gross receipts taxes collected
by the person.
(b) However, nothing in this section shall be con-
strued so as to affect the manner in which state and
local taxes are collected on motorcycles and motor-
driven cycles registered for use on the streets and
highways of this state.
History. Acts 1989, No. 412, § 1; 2007, No. 305, § 1.
26-52-519. Credit voucher for sales tax on mo-
tor vehicles destroyed by catastrophic
events.
(a) When a consumer has paid sales taxes on a
motor vehicle within the last one hundred eighty
(180) days and the motor vehicle is destroyed or
damaged by some catastrophic event resulting from
a natural cause to the extent that the value of the
motor vehicle is less than thirty percent (30%) of its
retail value, as found in the National Automobile
Dealers Association’s Official Price Guide, or other
source approved by the Office of Motor Vehicle, the
consumer may apply to the Director of the Depart-
ment of Finance and Administration for a sales tax
credit voucher in the amount of any state and local
sales or use taxes paid on the motor vehicle trans-
action, if the consumer provides to the Department
of Finance and Administration:
(1) A written request for a credit voucher in
accordance with § 26-18-507;
(2) Evidence that the sales tax was paid when the
motor vehicle was registered;
(3) Evidence as to the extent of the destruction or
damage to the value of the motor vehicle which is
satisfactory to the department to prove the value of
the motor vehicle prior to the event and the value
after the destruction or damage occurred;
(4) Evidence that the catastrophic event occurred
within one hundred eighty (180) days of the motor
vehicle’s being first registered; and
(5) Any other information as shall be required by
the director as necessary to issue the voucher.
(b) Claims for credit vouchers of sales or use tax
under this section shall be subject to the Arkansas
Tax Procedure Act, § 26-18-101 et seq. Any claim
must be made in writing and filed within one (1)
year from the date the vehicle was first registered.
(c) When a consumer has tendered a trade-in
motor vehicle toward the purchase of the vehicle
which is credited under subsection (a) of this section,
the consumer may apply to the director for a credit
voucher in the amount of the trade-in vehicle’s
consideration also.
(d) The sales and use tax credit vouchers issued
under this section shall be used only to reduce any
sales and use taxes due upon registration of a
subsequent replacement vehicle. In no event shall a
cash refund be given for the sales tax credit voucher
or for any excess value of the credit voucher. The
credit voucher shall be valid for six (6) months from
the date of issuance and may only be used by the
consumer to whom it was issued.
(e) The director shall prescribe the forms, the
nature of satisfactory proof of the vehicle’s values,
and any other information as is necessary to issue
the credit vouchers under this section.
(f) As used in this section, “natural cause” means
an act occasioned exclusively by the violence of
nature in which all human agency is excluded from
creating or entering into the cause of the damage or
injury.
History. Acts 1997, No. 1348, § 1.
26-52-521. Sourcing of sales. [Applicable to
tax years 2017 and before.]
(a)(1) This section applies for purposes of deter-
mining a seller’s obligation to pay or collect and
remit a sales or use tax with respect to the seller’s
retail sale of a product or service.
(2) This section does not affect the obligation of a
purchaser or lessee to remit tax on the use of the
product or service to the taxing jurisdictions of that
use and does not apply to the sales or use taxes
levied on the retail sale excluding lease or rental, of
motor vehicles, trailers, or semitrailers that require
licensing.
(b) Excluding a lease or rental, the retail sale of a
product or service shall be sourced as follows:
(1) If the product or service is received by the
purchaser at a business location of the seller, the
sale is sourced to that business location;
95 26-52-521GROSS RECEIPTS TAX
(2) If the product or service is not received by the
purchaser at a business location of the seller, the
sale is sourced to the location where receipt by the
purchaser or the purchaser’s designated donee oc-
curs, including the location indicated by instructions
for delivery to the purchaser or donee known to the
seller;
(3) If subdivisions (b)(1) and (2) of this section do
not apply, the sale is sourced to the location indi-
cated by an address for the purchaser that is avail-
able from the business records of the seller that are
maintained in the ordinary course of the seller’s
business when use of this address does not consti-
tute bad faith;
(4) If subdivisions (b)(1)-(3) of this section do not
apply, the sale is sourced to the location indicated by
an address for the purchaser obtained during the
consummation of the sale, including the address of a
purchaser’s payment instrument, if no other address
is available if the use of this address does not
constitute bad faith; or
(5) If none of the previous rules of subdivisions
(b)(1)-(4) of this section apply, including the circum-
stance in which the seller is without sufficient infor-
mation to apply the previous rules, the location will
be determined by the address from which tangible
personal property was shipped or from which the
service was provided, disregarding for these pur-
poses any location that merely provided the digital
transfer of the product sold.
(c) The lease or rental of tangible personal prop-
erty other than property identified in subsection (d)
of this section or subsection (e) of this section shall
be sourced as follows:
(1)(A) For a lease or rental that requires recur-
ring periodic payments, the first periodic payment
is sourced the same as a retail sale in accordance
with the provisions of subsection (b) of this sec-
tion.
(B) Periodic payments made after the first pay-
ment are sourced to the primary property location
for each period covered by the payment.
(C) The primary property location shall be as
indicated by an address for the property provided
by the lessee that is available to the lessor from its
records maintained in the ordinary course of busi-
ness if use of this address does not constitute bad
faith.
(D) The property location shall not be altered
by intermittent use at different locations such as
use of business property that accompanies em-
ployees on business trips and service calls;
(2) For a lease or rental that does not require
recurring periodic payments, the payment is sourced
the same as a retail sale in accordance with the
provisions of subsection (b) of this section; and
(3) This subsection does not affect the imposition
or computation of sales or use tax on leases or
rentals based on a lump-sum or accelerated basis or
on the acquisition of property for lease.
(d) The lease or rental of motor vehicles, trailers,
semitrailers, or aircraft that do not qualify as trans-
portation equipment as defined in subsection (e) of
this section shall be sourced as follows:
(1)(A) For a lease or rental that requires recur-
ring periodic payments, each periodic payment is
sourced to the primary property location.
(B) The primary property location shall be as
indicated by an address for the property provided
by the lessee that is available to the lessor from its
records maintained in the ordinary course of busi-
ness if use of this address does not constitute bad
faith.
(C) This location shall not be altered by inter-
mittent use at different locations;
(2) For a lease or rental that does not require
recurring periodic payments, the payment is sourced
the same as a retail sale in accordance with the
provisions of subsection (b) of this section; and
(3) This subsection does not affect the imposition
or computation of sales or use tax on leases or
rentals based on a lump sum or accelerated basis or
on the acquisition of property for lease.
(e)(1) Including a lease or rental, the retail sale of
transportation equipment shall be sourced the same
as a retail sale in accordance with the provisions of
subsection (b) of this section, notwithstanding the
exclusion of a lease or rental in subsection (b) of this
section.
(2) As used in this section, “transportation equip-
ment” means any of the following:
(A) Locomotives and railcars that are utilized
for the carriage of persons or property in inter-
state commerce;
(B) Trucks and truck tractors with a gross ve-
hicle weight rating of ten thousand one pounds
(10,001 lbs.) or greater, trailers, semitrailers, or
passenger buses that are:
(i) Registered through the International Regis-
tration Plan, Inc.; and
(ii) Operated under authority of a carrier au-
thorized and certificated by the United States
Department of Transportation or another federal
authority to engage in the carriage of persons or
property in interstate commerce;
(C) Aircraft that are operated by air carriers
authorized and certificated by the United States
Department of Transportation or another federal
or a foreign authority to engage in the carriage of
persons or property in interstate or foreign com-
merce; or
(D) Containers designed for use on and compo-
nent parts attached or secured on the items under
subdivision (e)(1) of this section and this subdivi-
sion (e)(2).
(f) As used in subsection (b) of this section:
(1) “Receive” and “receipt” mean:
(A) Taking possession of tangible personal
property; or
(B) Making first use of services; and
(2) “Receive” and “receipt” do not include posses-
sion by a shipping company on behalf of the pur-
chaser.
9626-52-521 TAXATION
(g) When a motor vehicle, trailer, or semitrailer
that requires licensing is sold to a person who
resides in Arkansas, the sale is sourced to the
residence of the purchaser.
(h) This section shall apply to all state and local
taxes administered by the Department of Finance
and Administration.
(i) The destination sourcing rules in this section
do not apply to florists.
History. Acts 2003, No. 1273, § 11; 2007, No. 860, § 1; 2009, No.
384, § 8.
26-52-521. Sourcing of sales — Definitions.
[Applicable to tax years 2018 and thereafter.]
(a)(1) This section applies for purposes of deter-
mining a seller’s obligation to pay or collect and
remit a sales or use tax with respect to the seller’s
retail sale of a product or service.
(2) This section does not affect the obligation of a
purchaser or lessee to remit tax on the use of the
product or service to the taxing jurisdictions of that
use and does not apply to the sales or use taxes
levied on the retail sale excluding lease or rental, of
motor vehicles, trailers, or semitrailers that require
licensing.
(b) Excluding a lease or rental, the retail sale of a
product or service shall be sourced as follows:
(1) If the product or service is received by the
purchaser at a business location of the seller, the
sale is sourced to that business location;
(2) If the product or service is not received by the
purchaser at a business location of the seller, the
sale is sourced to the location where receipt by the
purchaser or the purchaser’s designated donee oc-
curs, including the location indicated by instructions
for delivery to the purchaser or donee known to the
seller;
(3) If subdivisions (b)(1) and (2) of this section do
not apply, the sale is sourced to the location indi-
cated by an address for the purchaser that is avail-
able from the business records of the seller that are
maintained in the ordinary course of the seller’s
business when use of this address does not consti-
tute bad faith;
(4) If subdivisions (b)(1)-(3) of this section do not
apply, the sale is sourced to the location indicated by
an address for the purchaser obtained during the
consummation of the sale, including the address of a
purchaser’s payment instrument, if no other address
is available if the use of this address does not
constitute bad faith; or
(5) If none of the previous rules of subdivisions
(b)(1)-(4) of this section apply, including the circum-
stance in which the seller is without sufficient infor-
mation to apply the previous rules, the location will
be determined by the address from which tangible
personal property was shipped, from which the
specified digital products or the digital code was first
available for transmission by the seller, or from
which the service was provided, disregarding for
these purposes any location that merely provided
the digital transfer of the product sold.
(c) The lease or rental of tangible personal prop-
erty, specified digital products, or a digital code
other than property identified in subsection (d) of
this section or subsection (e) of this section shall be
sourced as follows:
(1)(A) For a lease or rental that requires recur-
ring periodic payments, the first periodic payment
is sourced the same as a retail sale in accordance
with the provisions of subsection (b) of this sec-
tion.
(B) Periodic payments made after the first pay-
ment are sourced to the primary property location
for each period covered by the payment.
(C) The primary property location shall be as
indicated by an address for the property provided
by the lessee that is available to the lessor from its
records maintained in the ordinary course of busi-
ness if use of this address does not constitute bad
faith.
(D) The property location shall not be altered
by intermittent use at different locations such as
use of business property that accompanies em-
ployees on business trips and service calls;
(2) For a lease or rental that does not require
recurring periodic payments, the payment is sourced
the same as a retail sale in accordance with the
provisions of subsection (b) of this section; and
(3) This subsection does not affect the imposition
or computation of sales or use tax on leases or
rentals based on a lump-sum or accelerated basis or
on the acquisition of property for lease.
(d) The lease or rental of motor vehicles, trailers,
semitrailers, or aircraft that do not qualify as trans-
portation equipment as defined in subsection (e) of
this section shall be sourced as follows:
(1)(A) For a lease or rental that requires recur-
ring periodic payments, each periodic payment is
sourced to the primary property location.
(B) The primary property location shall be as
indicated by an address for the property provided
by the lessee that is available to the lessor from its
records maintained in the ordinary course of busi-
ness if use of this address does not constitute bad
faith.
(C) This location shall not be altered by inter-
mittent use at different locations;
(2) For a lease or rental that does not require
recurring periodic payments, the payment is sourced
the same as a retail sale in accordance with the
provisions of subsection (b) of this section; and
(3) This subsection does not affect the imposition
or computation of sales or use tax on leases or
rentals based on a lump sum or accelerated basis or
on the acquisition of property for lease.
(e)(1) Including a lease or rental, the retail sale of
transportation equipment shall be sourced the same
as a retail sale in accordance with the provisions of
subsection (b) of this section, notwithstanding the
exclusion of a lease or rental in subsection (b) of this
section.
97 26-52-521GROSS RECEIPTS TAX
(2) As used in this section, “transportation equip-
ment” means any of the following:
(A) Locomotives and railcars that are utilized
for the carriage of persons or property in inter-
state commerce;
(B) Trucks and truck tractors with a gross ve-
hicle weight rating of ten thousand one pounds
(10,001 lbs.) or greater, trailers, semitrailers, or
passenger buses that are:
(i) Registered through the International Regis-
tration Plan, Inc.; and
(ii) Operated under authority of a carrier au-
thorized and certificated by the United States
Department of Transportation or another federal
authority to engage in the carriage of persons or
property in interstate commerce;
(C) Aircraft that are operated by air carriers
authorized and certificated by the United States
Department of Transportation or another federal
or a foreign authority to engage in the carriage of
persons or property in interstate or foreign com-
merce; or
(D) Containers designed for use on and compo-
nent parts attached or secured on the items under
subdivision (e)(1) of this section and this subdivi-
sion (e)(2).
(f) As used in subsection (b) of this section:
(1) “Receive” and “receipt” mean:
(A) Taking possession of tangible personal
property, specified digital products, or a digital
code; or
(B) Making first use of services; and
(2) “Receive” and “receipt” do not include posses-
sion by a shipping company on behalf of the pur-
chaser.
(g) When a motor vehicle, trailer, or semitrailer
that requires licensing is sold to a person who
resides in Arkansas, the sale is sourced to the
residence of the purchaser.
(h) This section shall apply to all state and local
taxes administered by the Department of Finance
and Administration.
(i) The destination sourcing rules in this section
do not apply to florists.
History. Acts 2003, No. 1273, § 11; 2007, No. 860, § 1; 2009, No.
384, § 8; 2017, No. 141, §§ 39-41.
CHAPTER 53
COMPENSATING OR USE TAXES
SUBCHAPTER 1 — ARKANSAS COMPENSATING
TAX ACT OF 1949
SECTION.
26-53-126
. Tax on new and used motor vehicles, trailers, or
semitrailers — Payment and collection.
26-53-126. Tax on new and used motor ve-
hicles, trailers, or semitrailers — Payment
and collection.
(a)(1) Upon being registered in this state, a new
or used motor vehicle, trailer, or semitrailer re-
quired to be licensed in this state is subject to the tax
levied in this subchapter and all other use taxes
levied by the state regardless of whether the motor
vehicle, trailer, or semitrailer was purchased from a
dealer or an individual.
(2)(A) On or before the time for registration as
prescribed by § 27-14-903(a), the person making
application to register the motor vehicle, trailer, or
semitrailer shall pay the taxes to the Director of
the Department of Finance and Administration
instead of the taxes being collected by the dealer
or individual seller.
(B) The director shall collect the taxes before
issuing a license for the motor vehicle, trailer, or
semitrailer.
(3) The exemption in § 26-52-401(17) for isolated
sales does not apply to the sale of a motor vehicle,
trailer, or semitrailer.
(4) If the person making application to register
the motor vehicle, trailer, or semitrailer fails to pay
the taxes when due:
(A) There is assessed a penalty equal to ten
percent (10%) of the amount of taxes due; and
(B) The person making application to register
the motor vehicle, trailer, or semitrailer shall pay
to the director the penalty under subdivision
(a)(4)(A) of this section and the taxes due before
the director issues a license for the motor vehicle,
trailer, or semitrailer.
(b)(1) When a used motor vehicle, trailer, or semi-
trailer is taken in trade as a credit or part payment
on the sale of a new or used vehicle, trailer, or
semitrailer, the tax levied in this subchapter and all
other use taxes levied by the state shall be paid on
the net difference between the total consideration
for the new or used vehicle, trailer, or semitrailer
sold and the credit for the used vehicle, trailer, or
semitrailer taken in trade.
(2) However, if the total consideration for the sale
of the new or used motor vehicle, trailer, or semi-
trailer is less than four thousand dollars ($4,000), no
tax shall be due.
(3)(A) When a used motor vehicle, trailer, or semi-
trailer is sold by a consumer, rather than traded in
as a credit or part payment on the sale of a new or
used motor vehicle, trailer, or semitrailer, and the
consumer subsequently purchases a new or used
vehicle, trailer, or semitrailer of greater value
within forty-five (45) days of the sale, the tax
levied by this chapter and all other gross receipts
taxes levied by the state shall be paid on the net
difference between the total consideration for the
new or used vehicle, trailer, or semitrailer pur-
chased subsequently and the amount received
9826-53-126 TAXATION
from the sale of the used vehicle, trailer, or semi-
trailer sold in lieu of a trade-in.
(B)(i) Upon registration of the new or used
motor vehicle, consumers claiming the deduction
provided by subdivision (b)(3)(A) of this section
shall provide a bill of sale signed by all parties to
the transaction which reflects the total consider-
ation paid to the seller for the vehicle.
(ii) A copy of the bill of sale shall be deposited
with the revenue office at the time of registration
of the new or used motor vehicle.
(iii) The deduction provided by this subdivision
(b)(3) shall not be allowed unless the taxpayer
claiming the deduction provides a copy of a bill of
sale signed by all parties to the transaction which
reflects the total consideration paid to the seller
for the vehicle.
(C) If the taxpayer claiming the deduction pro-
vided in this subdivision (b)(3) fails to provide a
bill of sale signed by all parties to the transaction
which reflects the total consideration paid to the
seller for the vehicle, tax shall be due on the total
consideration paid for the new or used vehicle,
trailer, or semitrailer without any deduction for
the value of the item sold.
(c) The tax imposed by this subchapter shall not
apply to a motor vehicle, trailer, or semitrailer to be
registered by a bona fide nonresident of this state.
(d) Nothing in this section shall be construed to
repeal any exemption from this subchapter.
(e)(1) Upon payment of all applicable registration
and title fees, any motor vehicle dealer licensed
pursuant to § 27-14-601(a)(6) who has purchased a
used motor vehicle may register the vehicle for the
sole purpose of obtaining a certificate of title to the
vehicle without payment of use tax.
(2) No license plate shall be provided with the
registration, and the used vehicle titled by a dealer
under this subsection may not be operated on the
public highways unless there is displayed on the
used vehicle a dealer’s license plate issued under the
provisions of § 27-14-601(a)(6)(B)(ii).
(f)(1)(A) For purposes of this section, the total
consideration for a used motor vehicle shall be
presumed to be the greater of the actual sales
price as provided on a bill of sale, invoice or
financing agreement, or the average loan value of
the vehicle as listed in the most current edition of
a publication which is generally accepted by the
industry as providing an accurate valuation of
used vehicles.
(B) If the published loan value exceeds the
invoiced price, then the taxpayer must establish to
the director’s satisfaction that the price reflected
on the invoice or other document is true and
correct.
(C) If the director determines that the invoiced
price is not the actual selling price of the vehicle,
then the total consideration will be deemed to be
the published loan value.
(2)(A) For purposes of this section, the total con-
sideration for a new or used trailer or semitrailer
shall be the actual sales price as provided on a bill
of sale, invoice, or financing agreement.
(B) The director may require additional infor-
mation to conclusively establish the true selling
price of the new or used trailer or semitrailer.
History. Acts 1949, No. 487, § 5; 1957, No. 19, § 4; 1959, No.
260, §§ 2, 3; A.S.A. 1947, §§ 84-3105, 84-3105n., 84-3108n; Acts
1991, No. 3, § 7; 1995, No. 268, § 7; 1995, No. 437, § 3; 1997, No.
1232, §§ 3, 4; 2001, No. 1047, § 2; 2009, No. 655, §§ 34, 35; 2011,
No. 753, § 2; 2011, No. 983, § 11.
CHAPTER 55
MOTOR FUELS TAXES
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
26-55-101
. Exemption for United States Government vehicles —
Refunds.
26-55-101. Exemption for United States Gov-
ernment vehicles — Refunds.
(a) Motor vehicles belonging to the United States
Government and used in its business exclusively
shall not be required to pay any motor vehicle fuel
tax.
(b) When motor vehicle fuel upon which the tax
has been paid is sold to any agent or employee of the
United States Government for use in a motor vehicle
belonging to the United States Government, and is
used in its business exclusively, the wholesaler or
dealer may not charge the consumer with the
amount of the tax but may claim the refund of the
tax under such regulations as the Director of the
Department of Finance and Administration may
prescribe.
History. Acts 1929, No. 65, § 35; Pope’s Dig., § 6635; A.S.A.
1947, § 75-248.
TITLE 27
TRANSPORTATION
SUBTITLE 1. GENERAL
PROVISIONS
CHAPTER 2
HAZARDOUS MATERIALS
TRANSPORTATION ACT OF 1977
SECTION
.
27-2-101
. Title.
27-2-103
. Prohibited acts — Exceptions.
99 26-55-101HAZARDOUS MATERIALS TRANSPORTATION ACT OF 1977
SECTION.
27-2-104
. Violations.
27-2-105
. Enforcement.
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.
27-2-103. Prohibited acts — Exceptions.
(a) It shall be unlawful for any person to know-
ingly:
(1) Transport or cause to be transported within
this state hazardous material in an immediate con-
tainer 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 con-
tainer without carrying adequate emergency equip-
ment;
(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 with-
out 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 opera-
tor of the transporting equipment;
(5) Fail to notify the Department of Arkansas
State Police as promptly as reasonably possible of
the escape of a hazardous material from its imme-
diate container when the person is the carrier or is
the operator of the transporting equipment; or
(6) Violate any regulation promulgated by the
State Highway Commission pursuant to this chap-
ter.
(b)(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 allow-
able to the transporters provided that all the re-
quirements to avail these transporters of those ex-
emptions, which requirements are set out in these
United States Department of Transportation regu-
lations, are met by the transporters.
(2) Further provided, if the United States Depart-
ment of Transportation or the United States Con-
gress adopts exceptions greater than those currently
allowed transporters of hazardous materials in 49
C.F.R. pt. 173, the Arkansas Department of Trans-
portation may adopt such comparable exemptions as
are applicable to the transporters while utilizing the
highways of this state.
(c) 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.
27-2-104. Violations.
(a) Violation of any provisions of § 27-2-103 is a
Class A misdemeanor.
(b) Each violation of this chapter and each non-
complying immediate container transported in vio-
lation 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 Department 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.
SUBTITLE 2. MOTOR VEHICLE
REGISTRATION AND LICENSING
CHAPTER 13
GENERAL PROVISIONS
SECTION
.
27-13-101
. [Repealed.]
27-13-102
. Proof of insurance required.
27-13-103
. Regulations.
27-13-104
. [Repealed.]
27-13-101. [Repealed.]
Publisher’s Notes. This section, concerning payment of per-
sonal 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.
(a) 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 opera-
tion 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.
10027-2-101 TRANSPORTATION
(b)(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.
(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.
(c) 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.
(d) 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.
27-13-103. Regulations.
The Director of the Department of Finance and
Administration shall have the authority to promul-
gate such regulations as are necessary to implement
and administer the provisions of this act.
History. Acts 1997, No. 974, § 19.
27-13-104. [Repealed.]
Publisher’s Notes. This section, concerning voluntary contribu-
tions 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
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. DEFINITIONS [REPEALED.]
3
. PENALTIES AND ADMINISTRATIVE SANCTIONS.
4. OFFICE OF MOTOR VEHICLE.
5. COMMISSION FOR RECIPROCAL AGREEMENTS.
6. REGISTRATION AND LICENSE FEES.
7. REGISTRATION AND CERTIFICATES OF TITLE.
8. LIENS AND ENCUMBRANCES.
9. TRANSFERS OF TITLE AND REGISTRATION.
10. PERMANENT AUTOMOBILE LICENSING ACT.
SUBCHAPTER.
11
. SPECIAL PERSONALIZED PRESTIGE LICENSE PLATES.
12. PERMANENT TRAILER LICENSING ACT OF 1979.
13. TRUCKS AND TRAILERS.
14. BUSES.
15. TAXICABS.
16. MANUFACTURED HOMES AND MOBILE HOMES.
17.
L
ICENSE
P
LATES FOR
M
ANUFACTURERS
, T
RANSPORTERS
,
AND
D
EALERS
.
18. VEHICLES IN TRANSIT TO DEALERS.
19. TRANSPORTING OF MOTOR HOMES BY MANUFACTURERS.
20. LICENSING OF DEALERS AND WRECKERS.
21. DRIVE-OUT TAGS.
22. THEFT OF VEHICLES AND PARTS.
23. DISCLOSURE OF DAMAGE AND REPAIR ON THE CERTIFICATE OF TITLE.
24. TEMPORARY REGISTRATION EXEMPTION [REPEALED.]
S
UBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-14-101
. Title.
27-14-102
. Construction.
27-14-103
. Arkansas Forestry Commission — Exemption.
27-14-104
. Definitions.
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.
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.
(a)(1) Except as provided under subdivision (a)(2)
of this section, the Arkansas Forestry Commission is
exempt from the licensing and registration require-
ments under this subtitle for a truck, pickup truck,
motor vehicle, or other vehicle of any nature that it
owns, uses, and operates.
(2)(A) The State Forester and the Director 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.
(B) A charge shall not be made or fee collected
for the identification tags or other insignia.
(b)(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
101 27-14-103UNIFORM MOTOR VEHICLE ADMINISTRATION
the vehicle and enter the vehicle in the state licens-
ing and registration system.
History. Acts 2011, No. 638, § 1.
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 busi-
ness 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 regis-
tered 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 har-
vesting 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:
(A) Produced in accordance with the National
Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. § 5401 et seq.;
and
(B) 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:
(A) 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
(B) Designed to be used as a dwelling unit;
(10)(A) “Motor home” means a motor vehicle de-
signed to provide temporary living quarters, built
onto, or permanently attached to, an integral part
of a self-propelled motor vehicle chassis.
(B) The vehicle shall contain permanently in-
stalled independent life-enhancement systems;
(11) “Motor vehicle” means a vehicle that is self-
propelled or that is propelled by electric power
obtained from overhead trolley wires but not oper-
ated upon stationary rails or tracks;
(12) “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;
(13) “Nonresident” means a person who is not a
resident of this state;
(14)(A) “Owner” means a person who holds the
legal title of a vehicle.
(B) 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 condi-
tional vendee or lessee, or in the event a mort-
gagor of a vehicle is entitled to possession, then
the conditional vendee or lessee or mortgagor is
the owner for the purpose of this chapter;
(15) “Person” means a natural person, firm, co-
partnership, association, or corporation;
(16) “Pneumatic tire” means a tire in which com-
pressed air is designed to support the load;
(17) “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 sustain-
ing themselves as beams between the supporting
connections;
(18) “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;
(19)(A) “Resident” means any person who:
(i) Remains in this state for a period of more
than six (6) months;
(ii) Resides in this state due to a change of
abode; or
(iii) Is domiciled in this state on a temporary or
permanent basis.
(B) “Resident” does not include a person who is
in this state as a student;
(20) “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;
(21) “Semitrailer” means a vehicle with or with-
out 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;
10227-14-104 TRANSPORTATION
(22) “Special mobile equipment” means a vehicle
not designed or used primarily for the transporta-
tion of persons or property and incidentally operated
or moved over the highways, including without
limitation:
(A) A farm tractor;
(B) Road construction or maintenance machin-
ery;
(C) A ditch-digging apparatus;
(D) A well-boring apparatus; and
(E) A concrete mixer;
(23) “Specially constructed vehicle” means a ve-
hicle of a type required to be registered under this
chapter not originally constructed under a distinc-
tive name, make, model, or type by a generally
recognized manufacturer of vehicles and not mate-
rially altered from its original construction;
(24) “Street” or “highway” means the entire width
between boundary lines of a roadway publicly main-
tained when any part of the roadway is open to the
use of the public for purposes of vehicular travel;
(25) “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;
(26) “Transporter” means a person engaged in the
business of delivering vehicles of a type required to
be registered under this chapter from a manufactur-
ing, assembly, or distributing plant to dealers or
sales agents of a manufacturer;
(27) “Truck” means a motor vehicle designed,
used, or maintained primarily for the transportation
of property;
(28) “Truck tractor” means a motor vehicle de-
signed and used primarily for drawing other ve-
hicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so
drawn; and
(29) “Vehicle” means a device in, upon, or by
which any person or property is or may be trans-
ported 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.
S
UBCHAPTER 2 — DEFINITIONS
SECTION
.
27-14-201 — 27-14-216
. [Repealed.]
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.
S
UBCHAPTER 3 — PENALTIES AND
ADMINISTRATIVE SANCTIONS
SECTION
.
27-14-301
. Penalty for misdemeanor.
27-14-302
. Penalty for felony.
27-14-303
. Fraudulent applications.
27-14-304
. Operation of vehicles without license plates.
27-14-305
. Penalty for using or making unofficial license plates —
Definition.
27-14-306
. Improper use of evidences of registration.
27-14-307
. False evidences of title or registration.
27-14-308
. Authority to suspend or revoke registration or certifi-
cate of title, etc.
27-14-309
. Failure to pay taxes on or assess personal property as
ground for revocation.
27-14-310
. Improper activities by manufacturer, transporter, or
dealer.
27-14-311
. Appeal of revocation by dealer.
27-14-312
. Returning evidences of registration upon cancellation,
etc.
27-14-313
. Disposition of misdemeanor fines and forfeitures.
27-14-314
. Additional penalties — Disposition of fines.
27-14-301. Penalty for misdemeanor.
(a) 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.
(b) Unless another penalty is in this chapter or by
the laws of this state provided, every person con-
victed 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 pun-
ished 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 im-
prisonment.
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.
103 27-14-303UNIFORM MOTOR VEHICLE ADMINISTRATION
27-14-304. Operation of vehicles without li-
cense plates.
(a) 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.
(b) 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.
27-14-305. Penalty for using or making unof-
ficial license plates — Definition.
(a) 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 Director of the Department of
Finance and Administration.
(b)(1) It is unlawful for a person, firm, or corpo-
ration 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:
(A) A plate advertising a new or used car deal-
ership or other type of business;
(B) A rental car company identification plate; or
(C) 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:
(A) Printing of a commercial motor vehicle reg-
istration card as authorized under § 27-14-613; or
(B) Affixing of a decal bearing the commercial
motor carrier’s logo to a commercial motor vehi-
cle’s license plate if the decal has been authorized
and approved by the director or the director’s
designee as authorized under § 27-14-613.
(c) 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.
27-14-306. Improper use of evidences of regis-
tration.
(a) 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 regis-
tration certificate, registration plate, or permit not
issued for the vehicle or not otherwise lawfully
thereon under this chapter.
(b) Any violation of this section is a misdemeanor.
History. Acts 1949, No. 142, § 77; A.S.A. 1947, § 75-177.
27-14-307. False evidences of title or registra-
tion.
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 falsi-
fied.
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 sus-
pend or revoke the registration of a vehicle, a
certificate of title, registration certificate, registra-
tion plate, or any nonresident or other permit in any
of the following events:
(1) When the office is satisfied that the registra-
tion 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 oper-
ated or moved upon the highways;
(3) When a registered vehicle has been dis-
mantled 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
10427-14-304 TRANSPORTATION
(8) When the owner of a commercial truck is not
authorized to operate by the Department of Trans-
portation due to safety-related violations.
History. Acts 1949, No. 142, § 79; A.S.A. 1947, § 75-179; Acts
2003, No. 854, § 1.
27-14-309. Failure to pay taxes on or assess
personal property as ground for revocation.
(a) 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 with-
out having been listed for assessment or assessed,
the Director of the Department of Finance and
Administration is authorized to revoke the license
and registration of the motor vehicle.
(b) 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.
27-14-310. Improper activities by manufac-
turer, transporter, or dealer.
The Office of Motor Vehicle is authorized to sus-
pend 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.
(a)(1) Any dealer whose license or permit has
been revoked by the Director of the Department of
Finance and Administration may appeal to the cir-
cuit 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 peti-
tioner will perform the judgment of the circuit court.
(3) The trial in the circuit court shall be held de
novo.
(b) 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.
(c) 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.
27-14-312. Returning evidences of registra-
tion upon cancellation, etc.
Whenever the Office of Motor Vehicle, as autho-
rized under this chapter cancels, suspends, or re-
vokes 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.
(a) All fines and forfeitures collected upon convic-
tion 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 depos-
ited 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”.
(b) The fund is created and shall be used exclu-
sively in the construction, maintenance, and repair
of public highways and highway structures or for the
installation and maintenance of traffic control de-
vices thereon within the respective jurisdictions.
(c) 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 mis-
conduct 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.
(a)(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:
(A) Not less than fifty dollars ($50.00) nor more
than one hundred dollars ($100) for the first
offense, and the minimum fine shall be manda-
tory; or
(B) Not less than one hundred dollars ($100)
nor more than two hundred fifty dollars ($250) for
the second and subsequent offenses, and the mini-
mum fine shall be mandatory.
(b)(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
105 27-14-314UNIFORM MOTOR VEHICLE ADMINISTRATION
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.
(c)(1) If the arresting officer is an officer of the
Department of Arkansas State Police, the fine col-
lected shall be remitted by the tenth day of each
month to the Administration of Justice Funds Sec-
tion 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 enforce-
ment officer, the fine collected shall be deposited into
that county fund used for the purchase and mainte-
nance of:
(A) The following:
(i) Rescue, emergency medical, and law en-
forcement vehicles;
(ii) Communications equipment;
(iii) Animals owned or used by law enforcement
agencies; and
(iv) Life-saving medical apparatus; and
(B) 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 depos-
ited into that municipal fund used for the purchase
and maintenance of:
(A) The following:
(i) Rescue, emergency medical, and law en-
forcement vehicles;
(ii) Communications equipment;
(iii) Animals owned or used by law enforcement
agencies; and
(iv) Life-saving medical apparatus; and
(B) 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.
S
UBCHAPTER 4 — OFFICE OF MOTOR
VEHICLE
SECTION
.
27-14-401
. Creation.
27-14-402
. Head of Office of Motor Vehicle.
27-14-403
. Powers and duties.
27-14-404
. Organization.
27-14-405
. Police authority generally.
27-14-406
. Authority to take possession.
27-14-407
. Summons of witnesses.
27-14-408
. Manner of giving notice.
27-14-409
. Processing of applications.
27-14-410
. Forms.
27-14-411
. Oaths and signatures.
27-14-412
. Records.
27-14-413
. Distribution of laws.
SECTION.
27-14-414
. Vehicle Insurance Database. [Repealed effective Janu-
ary 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 Director of the Department of Finance
and Administration.
History. Acts 1949, No. 142, § 17; A.S.A. 1947, § 75-117; Acts
2017, No. 448, § 4.
27-14-403. Powers and duties.
(a) The Director 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 administra-
tion of which is vested in the Office of Motor Vehicle.
(b) The director 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.
(c) The director 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.
27-14-404. Organization.
(a) The Director of the Department of Finance
and Administration shall organize the Office of Mo-
tor Vehicle in the manner as he or she may deem
necessary and proper to segregate and conduct the
work of the office.
(b) The director shall appoint such deputies, sub-
ordinate officers, clerks, investigators, and other
employees as may be necessary to carry out the
provisions of this chapter.
(c) The director 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.
History. Acts 1949, No. 142, §§ 18, 19, 21; A.S.A. 1947, §§ 75-
118, 75-119, 75-121; Acts 2017, No. 448, § 4.
27-14-405. Police authority generally.
The Director of the Department of Finance and
Administration and the officers and inspectors of the
Office of Motor Vehicle designated by the director
shall have the power:
10627-14-401 TRANSPORTATION
(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 regis-
tration 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 ve-
hicles, trailers, and semitrailers.
History. Acts 1949, No. 142, § 30; A.S.A. 1947, § 75-130; Acts
2017, No. 786, § 1.
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 is-
sued by the office upon expiration, revocation, can-
cellation, 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.
27-14-407. Summons of witnesses.
(a)(1) The Director of the Department of Finance
and Administration and officers of the Office of
Motor Vehicle designated by the director 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.
(b)(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 acknowledg-
ment is required to prove the latter service.
(2) Failure to obey a summons constitutes a mis-
demeanor.
(c) Any court of competent jurisdiction shall have
jurisdiction, upon application by the director, to
enforce all lawful orders of the director under this
section.
History. Acts 1949, No. 142, § 28; A.S.A. 1947, § 75-128; Acts
2017, No. 786, § 1.
27-14-408. Manner of giving notice.
(a) Whenever the Office of Motor Vehicle is autho-
rized 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.
(b) The giving of notice by mail is complete upon
the expiration of four (4) days after the deposit of the
notice.
(c) 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.
(a) 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 appli-
cation lawfully made to the office.
(b) 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 legal-
ity thereof, or of the truth of any statement con-
tained therein, when authorized by law.
(c)(1) If the office is not satisfied as to the owner-
ship 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.
(3)(A) The bond shall be conditioned to indemnify
any prior owner and lienholder and any subse-
quent purchaser of the vehicle, or person acquir-
ing any security interest in it, and their respective
successors in interest, heirs, or assigns against
any expense, loss, or damage, including reason-
able attorney’s fees, by reason of the issuance of
the certificate of title of the vehicle.
(B) 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.
(4) 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 Director of the Department of Finance and
Administration shall prescribe and provide suitable
forms of applications, certificates of title, registra-
107 27-14-410UNIFORM MOTOR VEHICLE ADMINISTRATION
tion certificates, and all other forms requisite or
necessary to carry out the provisions of this chapter
and any other laws, the enforcement and adminis-
tration 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.
27-14-411. Oaths and signatures.
(a) Officers and employees of the Office of Motor
Vehicle designated by the Director of the Depart-
ment of Finance and Administration are, for the
purpose of administering the motor vehicle laws,
authorized to administer oaths and acknowledge
signatures.
(b) Administration of oaths and acknowledge-
ment 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.
27-14-412. Records.
(a)(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 com-
pilations of motor vehicle registration information is
restricted to safety recall notification programs in-
volving 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 pur-
poses.
(b)(1) The Director of the Department of Finance
and Administration and such officers of the office as
the director may designate are authorized to pre-
pare 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.
(4)(A) A party requesting a noncertified electronic
record shall execute a written agreement with the
Department of Finance and Administration that
includes the following provisions:
(i) An acknowledgment that the party request-
ing a record shall comply with all state and federal
limits on the use of those records; and
(ii) 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.
(B) 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.
(c) The director may destroy any records of the
office that have been maintained on file for five (5)
years that the director considers obsolete and of no
further service in carrying out the powers and duties
of the office.
(d) All fees collected under this section shall be
deposited into the State Central Services Fund for
the benefit of the Revenue Division of the Depart-
ment 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.
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. Vehicle Insurance Database. [Re-
pealed effective January 1, 2019.]
(a) There is created the Vehicle Insurance Data-
base 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 motor vehicle liability insur-
ance laws of Arkansas set out in § 27-22-101 et seq.
(b)(1) The Vehicle Insurance Database shall be
administered by the division with the assistance of
the Department of Information Systems or any
other designated agent which may be contracted
with to supply technical database and data process-
ing expertise.
(2) The Vehicle Insurance Database shall be de-
veloped and maintained in accordance with guide-
lines established by the division so that the state
and local law enforcement agencies can access the
Vehicle Insurance Database to check the current
insurance coverage on motor vehicles in Arkansas
required to maintain current liability insurance as
required by law.
(c) The division shall have the authority to enter
into or to make agreements, arrangements, or dec-
10827-14-411 TRANSPORTATION
larations necessary to carry out the provisions of
this section.
(d) The reports shall be retained by the Depart-
ment of Finance and Administration so as to keep a
twelve-month history of the insurance record of the
vehicle for at least the preceding full twelve-month
period.
(e)(1) Upon request, the Department of Finance
and Administration may release an individual’s in-
formation in the Vehicle Insurance Database to:
(A) That individual;
(B) The parent or legal guardian of that indi-
vidual who is under eighteen (18) years of age or
who is legally incapacitated; and
(C) State and local law enforcement agencies,
to the Arkansas Crime Information Center, or to
other government offices upon a showing of need.
(2) Otherwise, all data and information received
by the Vehicle Insurance Database are confidential
and are not subject to examination or disclosure as
public information under the Freedom of Informa-
tion Act of 1967, § 25-19-101 et seq.
(f) The department 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
of or keeping of any record or information under the
Vehicle Insurance Database or the issuing or renew-
ing of any motor vehicle registration in accordance
with the Vehicle Insurance Database.
(g) The Director of the Department of Finance
and Administration shall have the authority to
adopt rules and regulations necessary to carry out
the provisions of this section.
History. Acts 1997, No. 991, § 5.
S
UBCHAPTER 5 — COMMISSION FOR
RECIPROCAL AGREEMENTS
SECTION
.
27-14-501
. Creation.
27-14-502
. Agreements generally.
27-14-503
. [Repealed.]
27-14-504
. Proportionate refund of registration fees authorized.
27-14-505
. Mileage audits and records reexaminations — Appeal.
27-14-501. Creation.
An ex officio commission, composed of the Director
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.
27-14-502. Agreements generally.
(a) 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 commer-
cial motor vehicles in accordance with any formula
mutually agreed upon between the commission and
the representatives or officials of the state if resi-
dents of this state are granted the same allocation
and apportionment privileges for commercial motor
vehicles’ registration in the other state.
(b) Nothing in this section shall be construed as
relieving any motor vehicle owner or operator from
complying with all laws, rules, and regulations per-
taining to the safety of operation of motor vehicles,
the highway maximum weight standards, and the
preservation of the highways of this state.
(c)(1) In the making of any reciprocal agreement,
the commission shall exercise due regard for the
advantage and convenience of resident motor ve-
hicle 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.
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 registra-
tion fees authorized.
(a) The Director of the Department of Finance
and Administration is authorized to refund a propor-
tionate part of the registration fees paid to this state
under the provisions of the International Registra-
tion 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 de-
stroyed; or
(3) The registrant has changed his or her opera-
tions in Arkansas such that registration under the
International Registration Plan would no longer be
appropriate in this state.
(b) 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 director is notified that the
109 27-14-504UNIFORM MOTOR VEHICLE ADMINISTRATION
registrant wishes to cancel his or her registration by
surrendering all registration documents and license
plates.
(c) The director is authorized to promulgate such
rules and regulations as may be necessary to effec-
tuate the terms of this section.
History. Acts 1977, No. 313, §§ 2-4; A.S.A. 1947, §§ 75-252.1 —
75-252.3.
27-14-505. Mileage audits and records reex-
aminations — Appeal.
(a) As used in this section, “member jurisdiction”,
“mileage audit”, “record reexamination”, and “regis-
trant” mean the same as defined in the Interna-
tional Registration Plan, as it existed on January 1,
2017.
(b)(1)(A) A registrant who desires a hearing to
appeal the findings of a mileage audit or a record
reexamination shall notify the Director 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.
(B) A hearing officer appointed by the director
shall schedule a hearing in any city in which the
Department of Finance and Administration main-
tains a field audit district office or in any other city
that the director designates, unless the director
and the registrant agree to another location for
the hearing or agree that the hearing shall be
heard by telephone.
(C) A hearing conducted under this section is
subject to the Arkansas Administrative Procedure
Act, § 25-15-201 et seq.
(D) The hearing officer handling the appeal
under this section shall render his or her decision
in writing to sustain, modify, or reverse the find-
ings of the mileage audit or the record reexamina-
tion based upon the evidence presented at the
hearing and shall serve a copy of the decision on
the registrant.
(2)(A) If the decision of the hearing officer under
this section sustains, in whole or in part, the
findings of the mileage audit or record reexamina-
tion, 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 busi-
ness.
(B) The registrant shall properly serve the di-
rector with a copy of any appeal to circuit court
challenging the decision of the hearing officer
under this section.
(3) A registrant may appeal a decision of the
circuit court in accordance with the laws governing
appeals.
(4)(A) At the conclusion of the appeals process,
the director shall notify all affected member juris-
dictions of the results of the appeal.
(B) 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.
(c) The director may promulgate rules to imple-
ment this section.
History. Acts 2017, No. 997, § 2.
S
UBCHAPTER 6 — REGISTRATION AND LICENSE
FEES
SECTION
.
27-14-601
. Fees for registration and licensing of motor vehicles —
Definitions.
27-14-602
. Registration fees.
27-14-603
. Fee for special numbered license plates.
27-14-604
. Refunds.
27-14-605
. Credit if vehicle destroyed.
27-14-606
. Disposition.
27-14-607
. Alternate registration procedures.
27-14-608
. Payment by credit card.
27-14-609
. Provision of information.
27-14-610
. Permanent registration of fleet of motor vehicles.
27-14-611
. Registration for nonprofit motor vehicle fleets — Defi-
nitions.
27-14-612
. Multiyear personal-use vehicle registration — Defini-
tion.
27-14-613
. Arkansas Motor Carrier System — Definitions.
TRUCK AND TRAILER FEE SCHEDULE
Based on Gross Loaded Weight
CLASS 1—PREFIX
“A”
Factory Rates 1 Ton Or Less
Pickup ...................................
$ 21.00
CLASS 2—PREFIX
“B”
Rate $ 6.50 Per
Thousand
6,001 .......................... $ 39.00
7,000 .......................... 46.00
8,000 .......................... 52.00
9,000 .......................... 59.00
10,000 .......................... 65.00
11,000 .......................... 72.00
12,000 .......................... 78.00
13,000 .......................... 85.00
14,000 .......................... 91.00
15,000 .......................... 98.00
16,000 .......................... 104.00
17,000 .......................... 111.00
18,000 .......................... 117.00
19,000 .......................... 124.00
20,000 .......................... 130.00
CLASS 3—PREFIX
“C”
Rate $ 8.45 Per
Thousand
20,001 .......................... $ 169.00
11027-14-505 TRANSPORTATION
21,000 .......................... 177.00
22,000 .......................... 186.00
23,000 .......................... 194.00
24,000 .......................... 203.00
25,000 .......................... 211.00
26,000 .......................... 220.00
27,000 .......................... 228.00
28,000 .......................... 237.00
29,000 .......................... 245.00
30,000 .......................... 254.00
31,000 .......................... 262.00
32,000 .......................... 270.00
33,000 .......................... 279.00
34,000 .......................... 287.00
35,000 .......................... 296.00
36,000 .......................... 304.00
37,000 .......................... 313.00
38,000 .......................... 321.00
39,000 .......................... 330.00
40,000 .......................... 338.00
CLASS 4—PREFIX
“D”
Rate $ 11.50 Per
Thousand
40,001 .......................... $ 442.00
41,000 .......................... 453.00
42,000 .......................... 464.00
43,000 .......................... 475.00
44,000 .......................... 486.00
45,000 .......................... 497.00
46,000 .......................... 508.00
47,000 .......................... 519.00
48,000 .......................... 530.00
49,000 .......................... 541.00
50,000 .......................... 553.00
51,000 .......................... 564.00
52,000 .......................... 575.00
53,000 .......................... 586.00
54,000 .......................... 597.00
55,000 .......................... 608.00
56,000 .......................... 644.00
CLASS 5—PREFIX
“E”
Rate $ 12.35 Per
Thousand
56,001 .......................... $ 692.00
57,000 .......................... 704.00
58,000 .......................... 716.00
59,000 .......................... 729.00
60,000 .......................... 741.00
CLASS 6—PREFIX
“H”
Rate $ 13.65 Per
Thousand
..........................
60,001 .......................... $ 819.00
61,000 .......................... 833.00
62,000 .......................... 846.00
63,000 .......................... 860.00
64,000 .......................... 874.00
65,000 .......................... 887.00
66,000 .......................... 901.00
67,000 .......................... 915.00
68,000 .......................... 928.20
CLASS 7—PREFIX
“J” AND “K”
Rate $ 14.30 Per
Thousand
“J”
68,001 .......................... $ 972.00
69,000 .......................... 987.00
70,000 .......................... 1,001.00
71,000 .......................... 1,015.00
72,000 .......................... 1,030.00
73,000 .......................... 1,044.00
73,280 .......................... 1,047.90
“K”
73,281 .......................... $ 1,350.00
74,000 .......................... 1,350.00
75,000 .......................... 1,350.00
76,000 .......................... 1,350.00
77,000 .......................... 1,350.00
78,000 .......................... 1,350.00
79,000 .......................... 1,350.00
80,000 .......................... 1,350.00
CLASS 8—PREFIX
“NR” AND “FARM”
NR
— Forest Products, Clay, Minerals, and
Ores
FARM
— Farm Products
Rate $ 3.90 Per
Thousand
(A) 2 Axle
Vehicle
8,000 .......................... $ 32.50
9,000 .......................... 35.00
10,000 .......................... 39.00
11,000 .......................... 43.00
12,000 .......................... 47.00
13,000 .......................... 51.00
14,000 .......................... 55.00
15,000 .......................... 59.00
16,000 .......................... 62.00
17,000 .......................... 65.00
(B) 3 Axle
Vehicle
.......................... 97.50
(C) 4 Axle
Vehicle
.......................... 130.00
(D) 5 Axle
Vehicle
.......................... 162.50
(E) Certain 5 Axle Vehicles hauling
animal feed only ....................... 650.00
111 UNIFORM MOTOR VEHICLE ADMINISTRATION
27-14-601. Fees for registration and licensing
of motor vehicles — Definitions.
(a) FEES GENERALLY. The fee for the registration
and licensing of all motor vehicles shall be as fol-
lows:
(1) PLEASURE VEHICLES. For all automobiles
equipped with pneumatic tires, used for the trans-
portation of persons, there shall be charged and
collected the following fees based upon the unladen
weight of the automobiles:
(A) Class One — Automobiles of 3,000 lbs. or
less ............................................ $17.00;
(B) Class Two — Automobiles of 3,001 lbs. to
and including 4,500 lbs. ............. $25.00; and
(C) 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:
(A) 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 com-
mercial 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 dol-
lars ($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 ap-
propriate class according to gross laden weight;
(B) 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;
(C) 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;
(D) 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;
(E) 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;
(F) 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;
(G)(i) Class Seven — On all vehicles with a
gross loaded weight between sixty-eight thousand
one pounds (68,001 lbs.) and seventy-three thou-
sand 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.
(ii)(a) On all vehicles with a gross loaded
weight between seventy-three thousand two hun-
dred 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).
(b) 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 thou-
sand 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;
(H) Class Eight.
(i) 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 li-
cense 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 differ-
ent 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 process-
ing, preparation for processing, conversion, or
transformation from their natural or severed
state. Notwithstanding any provision of this sub-
division (a)(3)(H) to the contrary, farmers may
11227-14-601 TRANSPORTATION
transport cotton seed from the gin or warehouse to
the first point of sale under this special classifica-
tion. 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. Not-
withstanding 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 spe-
cial classification.
(ii) The annual license fees for vehicles classi-
fied as either farm or natural resources vehicles
shall be as follows:
(a) 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 mini-
mum fee of thirty-two dollars and fifty cents
($32.50) and a maximum fee of sixty-five dollars
($65.00) for each vehicle;
(b) For a vehicle with three (3) axles, a fee of
ninety-seven dollars and fifty cents ($97.50);
(c) For a vehicle with four (4) axles, a fee of one
hundred thirty dollars ($130);
(d) For a vehicle with five (5) axles, a fee of one
hundred sixty-two dollars and fifty cents
($162.50);
(e) For a vehicle with five (5) axles used exclu-
sively 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
(f) Notwithstanding any of the provisions of
this subdivision (a)(3)(H) to the contrary, for a
vehicle to be operated separately or in combina-
tion with other vehicles, which vehicle or combi-
nation has a total outside width in excess of one
hundred two inches (1029) but not exceeding one
hundred eight inches (1089) 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 accor-
dance 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 combina-
tion with other vehicles due to the unusual design
and size of the vehicles or combinations of ve-
hicles.
(iii)(a) The foregoing vehicles shall not exceed
the maximum axle load permitted by law.
(b) Five-axle vehicles may haul maximum gross
loaded weights of up to eighty thousand pounds
(80,000 lbs.) without the purchase of any addi-
tional or different type license.
(iv) The Director of the Department of Finance
and Administration shall cause to be issued spe-
cial 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 pro-
duced in this state, and for the hauling of feed,
seed, fertilizer, poultry litter, and other products
commonly produced or used in agricultural opera-
tions or compacted seed cotton and separate natu-
ral resources license plates to be established for
those vehicles hauling timber products, clay min-
erals, or ores.
(v)(a) 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 indi-
cate 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.
(b) 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.
(vi)(a) Upon submitting an affidavit, any per-
son entitled to obtain a farm license for a motor
vehicle used for hauling farm products as autho-
rized 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 subse-
quent 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).
(b) The director 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.
(vii) The owner of any motor vehicle who is
entitled to obtain a farm license for the motor
113 27-14-601UNIFORM MOTOR VEHICLE ADMINISTRATION
vehicle for use in hauling farm products as autho-
rized 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.
(viii) The director shall promulgate such rules
and regulations as may be necessary to carry out
the intent of this classification and prevent abuse
thereof. However, before any such rules or regula-
tions shall be effective, they shall be approved by
majority action of the members of the State High-
way Commission acting for and in behalf of the
Arkansas Highway Police Division of the Arkan-
sas Department of Transportation, which is the
agency charged with the principal responsibility
of enforcing the motor vehicle license laws of this
state.
(ix) 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.
(x) If a violation of the natural resources clas-
sification 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.
(xi) All affidavits required under the provisions
of this subdivision (a)(3)(H) shall be acknowledged
by the director, his or her authorized agent, or
some other person authorized by the laws of this
state to administer oaths.
(xii) 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;
(I) Class Nine.
(i)(a) 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 trail-
ers 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 other-
wise 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 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 excep-
tion of those for which a fee is set out in subdivi-
sion (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 appropri-
ate rate provided by Class Two — Class Seven of
this subdivision (a)(3).
(b) For the purpose of evidencing registration of
a combination of truck-trailer and semitrailer
classified by subdivision (a)(3)(I)(i)(a)(2), the li-
cense fee for the gross weight of the combination
shall be computed at the appropriate rate pro-
vided by Class Two — Class Eight of this subdivi-
sion (a)(3) and shall be applied to the registration
of the truck tractor.
(ii)(a) “Gross loaded weight” as used in this
section means the weight of the vehicle or vehicles
plus the load to be hauled.
(b)(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 per-
mitted 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)
11427-14-601 TRANSPORTATION
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 tol-
erance 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 posses-
sion of the operator thereof. This card shall, at all
times, be subject to inspection.
(3) Any truck, trailer, or semitrailer, or combi-
nation 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 govern-
ing axle loads; and
(J)(i) The director shall cause to be issued spe-
cial 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 and regulations promul-
gated thereunder.
(ii) Before any license may be issued for a
vehicle designated as a wrecker or tow vehicle, the
applicant shall furnish to the director a certifica-
tion from the board that the wrecker or tow
vehicle has been permitted as a wrecker or tow
vehicle by the board.
(iii) 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 li-
cense plate.
(iv) In addition to the fee for the respective
Class Two — Class Seven license, the director may
assess a handling and administrative fee in the
amount of ten dollars ($10.00) for each distinctive
wrecker or tow vehicle license plate.
(v) 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.
(A) For the registration of motorcycles, there
shall be charged and collected a fee of six dollars
and fifty cents ($6.50) per annum.
(B) 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.
(C) 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;
(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.
(A) A “dealer”, for the purposes of this subdivi-
sion (a)(6), means a person, firm, or corporation
engaged in the business of buying and selling
vehicles subject to registration in this state.
(B)(i) As a condition precedent to obtaining
dealer’s license plates, the dealer shall furnish the
director 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 li-
censed by the Department of Arkansas State Po-
lice, 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.
(ii)(a) Except as provided in subdivision
(a)(6)(B)(iv) of this section for dealers who sell
only all-terrain vehicles, upon furnishing the cer-
tification to the director, or a copy of the dealer’s
license from either the Department of Arkansas
State Police or the Arkansas Motor Vehicle Com-
mission 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 deal-
er’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.
(b) No more than one (1) dealer’s extra license
plate shall be issued for each manager, sales
manager, or salesperson of the dealer as autho-
rized under § 27-14-1704, regardless of whether
the dealer sells automobiles, motorcycles, or both
automobiles and motorcycles.
(c) 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 busi-
ness of selling new or used motor vehicles of the
type for which the dealer plate is sought.
(iii)(a) Upon furnishing certification to the di-
rector or a copy of the dealer’s license from the
115 27-14-601UNIFORM MOTOR VEHICLE ADMINISTRATION
Arkansas Manufactured Home Commission and
upon the payment of fifty dollars ($50.00), the
manufactured home dealer shall be issued certifi-
cation from the director for the purpose of assign-
ing manufactured home titles.
(b) Each location shall be treated as a separate
entity, and certification by the department shall
be required for each location.
(c) Notwithstanding any other provision of this
chapter, the Office of Motor Vehicle shall provide
distinctive dealer’s license plates for manufac-
tured homes. Manufactured home dealers shall
not be provided and shall not be authorized to use
dealer’s license plates designed for a motor ve-
hicle, motorcycle, or anything other than a manu-
factured home.
(iv)(a) Upon furnishing certification to the di-
rector or a copy of the dealer’s license from the
Arkansas Motor Vehicle Commission and upon
the payment of one hundred dollars ($100), deal-
ers engaged exclusively in the business of buying
and selling all-terrain vehicles, as defined in § 27-
21-102, shall be issued certification from the di-
rector for the purpose of assigning all-terrain
vehicle titles.
(b) Each dealer location shall be treated as a
separate entity, and certification by the director
shall be required for each location.
(c) Notwithstanding any other provision of this
chapter, all-terrain vehicle dealers that are en-
gaged 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.
(C) 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.
(D) In addition to any other penalty prescribed
by this chapter, any dealer, manager, sales man-
ager, 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 subse-
quent offenses.
(b) 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 com-
binations 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.
(2)(A) On all trucks except Class One trucks as
defined in § 27-14-1002, truck-tractors, trailers,
and semitrailers, and combinations thereof, ex-
cept trailers drawn by automobiles and Class One
trucks, the registration shall be valid for twelve
(12) months from the month of issuance of regis-
tration, and all fees provided in this section for
those vehicles shall be due and payable annually
during the twelfth month of the registration pe-
riod.
(B) No person shall have the authority to ex-
tend the time for payment of the fees past the
period specified in this subdivision (b)(2).
(C) The provisions of this subdivision (b)(2)
shall not apply to trailers drawn by automobiles or
by Class One trucks.
(D)(i) The director 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.
(ii) The director 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 semi-
trailer, and combinations thereof, except Class
One trucks as defined in § 27-14-1002, and all
fees shall be prorated accordingly on a monthly
basis.
(c) 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.
(d)(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 Consti-
tutional Officers Fund and the State Central Ser-
vices Fund as provided under the Revenue Stabili-
zation Law, § 19-5-101 et seq., the Treasurer of
State shall transfer on the last business day of each
month:
(A) Fifteen percent (15%) of the amount thereof
to the County Aid Fund;
(B) Fifteen percent (15%) of the amount thereof
to the Municipal Aid Fund; and
(C) 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.
(3)(A) The following shall be excepted from the
requirements of subdivision (d)(1) of this section:
11627-14-601 TRANSPORTATION
(i) 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;
(ii) 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 sec-
tion; and
(iii) That portion of the fee declared to be a
permit fee and collected under subdivision
(a)(3)(H)(ii)(f) of this section.
(B)(i) 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 depos-
ited into the State Treasury.
(ii) 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 sec-
tion shall be classified as special revenues and
shall be deposited into the State Treasury.
(iii) 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 move-
ment of goods on state highways.
(4) 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 in 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.
(e) 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 misde-
meanor 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:
(A) 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 Adminis-
trative Services of the Department of Finance and
Administration on a form provided by the Admin-
istration of Justice Funds Section of the Office of
Administrative Services of the Department of Fi-
nance and Administration for deposit into the
Department of Arkansas State Police Fund, to be
used for the purchase and maintenance of state
police vehicles;
(B) An officer of the Arkansas Highway Police
Division of the Arkansas Department of Transpor-
tation, the fine collected shall be remitted by the
tenth day of each month to the Administration of
Justice Funds Section of the Office of Administra-
tive Services of the Department of Finance and
Administration on a form provided by the Admin-
istration of Justice Funds Section of the Office of
Administrative Services of the Department of Fi-
nance and Administration for deposit into the
State Highway and Transportation Department
Fund, to be used for the purchase and mainte-
nance of highway police vehicles;
(C) 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 appara-
tus, to be used for those purposes; and
(D) A municipal law enforcement officer, the
fine collected shall be deposited into that munici-
pality’s fund used for the purchase and mainte-
nance of rescue, emergency medical, and law
enforcement vehicles, communications equip-
ment, animals owned or used by law enforcement
agencies, lifesaving medical apparatus, and law
enforcement apparatus, to be used for those pur-
poses.
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.
27-14-602. Registration fees.
(a) Except as otherwise provided, all fees shall be
paid to the Office of Motor Vehicle for the registra-
tion of motor vehicles, trailers, and semitrailers
under this chapter.
117 27-14-602UNIFORM MOTOR VEHICLE ADMINISTRATION
(b) 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 certifi-
cate .................................................. 1.00
(6) For duplicate or substitute license plate . 1.00
(c) Beginning January 1, 2018, in addition to any
other fees authorized under this chapter, the Direc-
tor of the Department of Finance and Administra-
tion 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 director’s
portal to register one (1) or more commercial motor
vehicles or to conduct one (1) or more online admin-
istrative 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 com-
mercial 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.
27-14-603. Fee for special numbered license
plates.
(a) 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.
(b) 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.
27-14-604. Refunds.
(a) 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.
(b) 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.
27-14-605. Credit if vehicle destroyed.
Upon satisfactory proof to the Director 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.
27-14-606. Disposition.
(a)(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:
(A) Deposited into the 1995 New Revenue Di-
vision Building Fund as cash funds; and
(B) 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:
(A) Deposited into the State Treasury as trust
funds and credited to the State Police Retirement
Fund; and
(B) Used for the State Police Retirement Sys-
tem for the Department of Arkansas State Police.
(3) At least nine hundred twenty thousand dol-
lars ($920,000) of the fees collected under subdivi-
sion (a)(1) of this section shall first be distributed to
the 1995 New Revenue Division Building Fund and
the Arkansas Revenue Department Building Com-
mission under the 1995 New Revenue Division
Building Act before distribution of the fees as pro-
vided 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.
(b) 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.
27-14-607. Alternate registration procedures.
(a) The Director 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 director determines that the two-year renewal
period would facilitate the vehicle registration pro-
cess. If a vehicle registration is renewed for a two-
year period, the renewal fee shall be two (2) times
11827-14-603 TRANSPORTATION
the annual renewal fee for that vehicle, plus the cost
of the annual license plate validation decal for both
years for that vehicle.
(b) The director is authorized to provide for the
registration of vehicles by mail, telephone, electroni-
cally, or any other method which the director deter-
mines would facilitate the vehicle registration pro-
cess.
History. Acts 1997, No. 974, § 15.
27-14-608. Payment by credit card.
(a) The Director of the Department of Finance
and Administration is authorized to promulgate
regulations providing for payment by credit card of
any fees or taxes due upon the issuance or renewal
of a vehicle registration, except a vehicle registra-
tion 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 director may allow
the payment of these fees or taxes by credit card if
the director determines that payment by credit card
would facilitate the administration of the motor
vehicle registration program.
(b) The director is authorized to enter into con-
tracts 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.
(c)(1) From the net proceeds received, or receiv-
able, from credit card companies for all fees or taxes
paid by credit card, the director 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 pro-
ceeds 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
director, shall be remitted by the director to credit
card companies as required under contracts autho-
rized by this section.
History. Acts 1997, No. 974, § 16.
27-14-609. Provision of information.
(a)(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 subdivi-
sion (a)(1) of this section available at all state
revenue offices.
(b)(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.
(c) 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.
(a) 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 an-
other entity;
(2)(A) “Fleet of motor vehicles” means at least
fifty (50) motor vehicles that are:
(i) Owned or leased by a person or entity de-
scribed in § 26-26-1601(12)-(16) or affiliates of
that person or entity; and
(ii) Used for business purposes.
(B) “Fleet of motor vehicles” includes commer-
cial motor vehicles that are base-plated in the
State of Arkansas or passenger motor vehicles
otherwise subject to registration under this chap-
ter.
(C) “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
(3) “Owns or controls” means owning or holding
at least a majority of the outstanding voting power
of an entity.
(b) 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.
(c) The license plate issued under this section
shall be the standard license plate for the class and
type of vehicle otherwise required under this chap-
ter with a decal bearing the word “fleet” at the
bottom of the license plate.
(d)(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.
(2)(A) The fees for renewal of a vehicle registra-
tion under this section shall be due and payable
during the last month of the last year of the
registration period.
(B) Upon request, the office shall allow the
owner of a fleet of motor vehicles to set all renew-
als for the fleet to occur in a month requested by
the owner.
119 27-14-610UNIFORM MOTOR VEHICLE ADMINISTRATION
(3) 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.
(e)(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.
(2)(A) In addition to the registration fees pre-
scribed 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.
(B) The annual fleet management fee shall be
deposited as special revenues into the State Cen-
tral Services Fund to be used exclusively for the
benefit of the Revenue Division of the Department
of Finance and Administration.
(f)(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 re-
quired 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.
(g) 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.
(h) 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.
(i) The office may adopt rules for the implemen-
tation, administration, and enforcement of this sec-
tion.
History. Acts 2009, No. 1194, § 1.
27-14-611. Registration for nonprofit motor
vehicle fleets — Definitions.
(a) 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 organi-
zation’s purposes; and
(2) “Organization” means a nonprofit organiza-
tion or its affiliate that:
(A) 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
(B) Is eligible to participate in the federal tran-
sit grant programs administered through the Ar-
kansas Department of Transportation.
(b)(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 sec-
tion.
(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 chap-
ter and may be transferred to another motor vehicle
of the same class and type owned by the same
organization.
(c)(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.
(d)(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 Admin-
istration.
(e) For each motor vehicle registration or re-
newal, the organization shall provide the documents
that the office requires.
(f)(1) The office may adopt rules for the imple-
mentation, administration, and enforcement of this
section.
(2) If the Director of the Department of Finance
and Administration determines that online renew-
als are available under this section, the organization
may be allowed to renew online.
History. Acts 2011, No. 192, § 1; 2017, No. 707, § 324.
27-14-612. Multiyear personal-use vehicle reg-
istration — Definition.
(a) 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);
12027-14-611 TRANSPORTATION
(3) A motorcycle registered under § 27-14-
601(a)(4); or
(4) An autocycle registered under § 27-20-304.
(b) The Office of Motor Vehicle shall offer a mul-
tiyear personal-use vehicle registration as provided
under this section.
(c) 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:
(A) Proof of current insurance coverage on the
personal-use vehicle to be registered as required
under § 27-13-102;
(B) Proof of payment of personal property
taxes; and
(C) 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 li-
censing for:
(A) Two (2) years, if the registration is for a
period of two (2) years; and
(B) Three (3) years, if the registration is for a
period of three (3) years.
(d) The office may promulgate rules for the ad-
ministration of this section.
History. Acts 2011, No. 904, § 2; 2013, No. 437, § 1; 2017, No.
331, § 1.
27-14-613. Arkansas Motor Carrier System —
Definitions.
(a) 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 reg-
istered with the International Registration Plan.
(b)(1) The Director of the Department of Finance
and Administration shall promulgate rules, regula-
tions, and procedures to enhance the Arkansas Mo-
tor Carrier System developed by the Department of
Finance and Administration by allowing:
(A) A commercial motor carrier or its designee
to conduct routine administrative transactions
electronically, including without limitation the
online:
(i) Registration of a commercial motor vehicle;
(ii) Renewal, transfer, replacement, and
amendment of the registration of a commercial
motor vehicle; and
(iii) Issuance and replacement of a commercial
motor vehicle’s license plates and decals;
(B) A commercial motor carrier or its designee
to instantaneously print the registration card for a
commercial motor vehicle;
(C) 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 com-
mercial motor carrier approved by the director or
the director’s designee; and
(D) A commercial motor carrier or its designee
to maintain license plate inventories and issue
license plates; and
(2)(A) A commercial motor carrier shall have
thirty (30) days from the date of online commer-
cial motor vehicle registration to submit to the
department all required source documents associ-
ated with the registration.
(B) 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 director or the director’s designee may
suspend the registration.
(c) The director shall study, develop, and imple-
ment 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 ve-
hicles in the State of Arkansas.
History. Acts 2017, No. 532, § 7.
S
UBCHAPTER 7 — REGISTRATION AND
CERTIFICATES OF TITLE
SECTION
.
27-14-701
. Requirements — Exception.
27-14-702
. No other license required.
27-14-703
. Vehicles subject to registration — Exceptions.
27-14-704
. Motor vehicles registered in foreign states.
27-14-705
. Application for registration and certificate of title —
Definitions.
27-14-706
. [Repealed.]
27-14-707
. Application for specially constructed vehicles, recon-
structed vehicles, or foreign vehicles.
27-14-708
. Temporary permit pending registration.
27-14-709
. Half-year license.
27-14-710
. Grounds for refusing registration or certificate of title.
27-14-711
. Examination of registration records and index of stolen
and recovered vehicles.
27-14-712
. Registration indexes.
27-14-713
. Issuance of registration certificates and certificates of
title.
27-14-714
. Registration certificate to be signed, carried, and ex-
hibited on demand.
27-14-715
. Issuance of license plates.
27-14-716
. Display of license plates generally.
27-14-717
. License plates for proper year alone to be displayed —
Exception.
27-14-718
. Application for renewal of registration.
27-14-719
. No renewal of certificates of title.
27-14-720
. Lost or damaged certificates and plates.
27-14-721
. Assignment of new identifying numbers.
27-14-722
. Change of engines.
121 27-14-613UNIFORM MOTOR VEHICLE ADMINISTRATION
SECTION.
27-14-723
. Registration and license required upon presence in
state.
27-14-724
. [Repealed.]
27-14-725
. Limited vehicle identification number verification.
27-14-726
. Mini-trucks.
27-14-727
. Certificate of title with beneficiary.
27-14-701. Requirements — Exception.
(a) 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.
(b) When an application accompanied by the
proper fee has been made for registration and cer-
tificate of title for a vehicle, the vehicle may be
operated temporarily pending complete registration
upon displaying a duplicate application, duly veri-
fied, or other evidence of the application or other-
wise under rules and regulations promulgated by
the Director of the Department of Finance and
Administration.
(c) The purchaser of any new or used motor ve-
hicle may operate the vehicle upon the public high-
ways 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 pur-
chaser.
History. Acts 1949, No. 142, § 31; 1983, No. 252, § 1; A.S.A.
1947, § 75-131; Acts 2017, No. 448, § 7.
27-14-702. No other license required.
(a) No owner of a motor vehicle who shall have
obtained a certificate from the Director of the De-
partment of Finance and Administration as pro-
vided 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 director, 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.
(b) Motor vehicles may be excluded from any
cemetery or grounds used for the burial of the dead
by the authorities having jurisdiction over the cem-
etery or grounds.
(c) Nothing contained in this section shall be
construed to affect the power of municipal corpora-
tions 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.
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 high-
way from one (1) property to another;
(3)(A) 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.
(B) Incidental use may be established by an
affidavit of the owner of the implement of hus-
bandry submitted to the Department of Finance
and Administration along with payment of the
gross receipts or use tax imposed on the imple-
ment of husbandry when the owner applies for
and receives a certificate of title to the implement
of husbandry.
(C) 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, con-
version, or transformation from their natural or
severed state shall not be incidental operation of
the implement of husbandry upon a highway.
(D) An affidavit to establish incidental use is
not required if the implement of husbandry was
originally manufactured as an implement of hus-
bandry;
(4) Any special mobile equipment as defined in
§ 27-14-211;
(5) Any vehicle which is propelled exclusively by
electric power obtained from overhead trolley wires,
though not operated upon rails;
(6) Manufactured homes or mobile homes for
which the certificate of title has been cancelled
under § 27-14-1603; and
(7) 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.
12227-14-701 TRANSPORTATION
27-14-704. Motor vehicles registered in for-
eign states.
(a) 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 con-
spicuously display the registration number as re-
quired may be operated in this state as follows:
(1) If the motor vehicle is operated for the sole
purpose of marketing farm products raised exclu-
sively 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 pur-
chasing of goods, wares, and merchandise if the
owner lives outside of this state;
(3)(A) Any motor vehicle operated by a nonresi-
dent 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 oper-
ated for hire.
(B) The Director 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, occa-
sional, and nonscheduled sightseeing trips; and
(4) The director 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 supervi-
sion 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.
(b) The provisions of this section shall be opera-
tive 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.
27-14-705. Application for registration and
certificate of title — Definitions.
(a)(1) Every owner of a vehicle subject to the
registration under this chapter shall make applica-
tion 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 wit-
nessed by a person other than the office employee,
and the signature shall be acknowledged by the
owner before a person authorized to administer
oaths.
(b) 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;
(2)(A) A description of the vehicle, including, in-
sofar 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 ve-
hicles for registration purposes, and whether new
or used, and if a new vehicle, a certificate of origin.
(B)(i) 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.
(ii) 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.
(C) The certificate of origin shall be on a form to
be prescribed by the Director of the Department of
Finance and Administration.
(D) In the event a vehicle is designed, con-
structed, converted, or rebuilt for the transporta-
tion 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 ve-
hicle;
(3) 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 inter-
est and the name and address of the person to whom
the certificate of title shall be delivered by the office;
(4)(A) Further information as may reasonably be
required by the office to enable it to determine
whether the vehicle is lawfully entitled to regis-
tration and the owner entitled to a certificate of
title.
(B) When the application refers to a new ve-
hicle 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.
123 27-14-705UNIFORM MOTOR VEHICLE ADMINISTRATION
(C) For the purposes of this section:
(i) 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
(ii) The words “used vehicle” shall be any motor
vehicle which has been sold, bargained, ex-
changed, 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 “second-
hand motor vehicle”.
(c) In addition to the application referred to in
subsections (a) and (b) of this section, a title appli-
cation 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.
(d)(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.
(2)(A) Three percent (3%) of the gross amount
thereof shall be deducted by the Treasurer of State
as provided by law.
(B) The net amount remaining after the deduc-
tion of the three percent (3%) is distributed as
follows:
(i) 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
(ii) 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.
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.
27-14-706. [Repealed.]
Publisher’s Notes. This section, concerning listing with asses-
sor 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 con-
structed vehicles, reconstructed vehicles, or
foreign vehicles.
(a)(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.
(b) 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 regis-
tration.
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 accom-
panied 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 con-
trary, any motor vehicle for which the annual regis-
tration and licensing fee is one hundred dollars
($100) or more, for any twelve-month licensing pe-
riod, 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 li-
cense, under such regulations as the Director of the
Department of Finance and Administration may
promulgate.
History. Acts 1965 (1st Ex. Sess.), No. 38, § 1; A.S.A. 1947,
§ 75-282.
12427-14-706 TRANSPORTATION
27-14-710. Grounds for refusing registration
or certificate of title.
The Office of Motor Vehicle shall refuse registra-
tion 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 re-
cords and index of stolen and recovered ve-
hicles.
The Office of Motor Vehicle, upon receiving appli-
cation 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 applica-
tion received and, when satisfied as to the genuine-
ness 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 as-
signed 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.
27-14-713. Issuance of registration certifi-
cates and certificates of title.
(a) 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 simu-
lated without ready detection.
(b)(1) The registration certificate shall be deliv-
ered 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.
(c)(1)(A) The certificate of title shall contain upon
its face the identical information required upon
the face of the registration certificate.
(B) In addition, it shall contain:
(i) A statement of the owner’s title;
(ii) A statement of all liens and encumbrances
on the vehicle therein described;
(iii) A statement as to whether possession is
held by the owner under a lease, contract of
conditional sale, or other like agreement; and
(iv) If a certificate of title is issued as a certifi-
cate of title with beneficiary, the information re-
quired under § 27-14-727.
(2) The certificate shall bear the seal of the office.
(d)(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.
(e)(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 de-
livered 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.
125 27-14-713UNIFORM MOTOR VEHICLE ADMINISTRATION
27-14-714. Registration certificate to be
signed, carried, and exhibited on demand.
(a)(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.
(b) 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.
(c)(1) The provisions of this section shall not be
construed to amend or repeal the requirement con-
tained 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 regis-
tration 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.
27-14-715. Issuance of license plates.
(a) 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.
(b) 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.
(c) The license plates and required letters and
numerals thereon, except the year number for which
issued, shall be of sufficient size to be plainly read-
able from a distance of one hundred feet (100')
during daylight.
(d) The office shall issue for every passenger mo-
tor 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.
27-14-716. Display of license plates generally.
(a)(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.
(2)(A) When one (1) plate is issued, it shall be
attached to the rear.
(B) License plates for trucks of one-ton capacity
or larger may be displayed either on the front or
rear of the vehicle.
(C) The license plate issued for a motorcycle
required to be registered under this chapter shall
be attached to the rear thereof.
(b) 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 (129) 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.
(c) 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.
27-14-717. License plates for proper year
alone to be displayed — Exception.
(a) There shall not be displayed on motor ve-
hicles, trailers, or semitrailers any other motor
vehicle license plates or other means of identifica-
tion 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.
(b)(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 con-
strued 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.
(c) 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.
27-14-718. Application for renewal of regis-
tration.
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.
12627-14-714 TRANSPORTATION
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.
27-14-720. Lost or damaged certificates and
plates.
(a) 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.
(b)(1)(A) 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 immedi-
ately make application to the office for and may
obtain a duplicate if the conditions of this subdi-
vision (b)(1) are satisfied.
(B) The following information shall be included
in the application:
(i) The year, make, model, vehicle identification
number, and body style of the vehicle;
(ii)(a) The name of a lienholder; and
(b) A release if the applicant claims that the
lien has been released; and
(iii) Other information required by the office.
(C) The fee for a duplicate title shall accompany
the application.
(D) The office may issue a duplicate title with-
out notice if the records of the office do not show
that a lien exists against the vehicle.
(E)(i)(a) The office shall mail notice to a lien-
holder shown in the records of the office at the
address shown in the records for the lienholder.
(b) 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.
(ii)(a) At the earlier of the time the lienholder
responds indicating that the lien has been re-
leased 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.
(b) 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.
(iii) The notice required under this subdivision
(b)(1)(E) shall not apply to a motor vehicle dealer
approved by the Department of Finance and Ad-
ministration.
(2) 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.
27-14-721. Assignment of new identifying
numbers.
(a) 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.
(b) 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.
27-14-722. Change of engines.
The Office of Motor Vehicle may adopt and enforce
such registration rules and regulations as are nec-
essary 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.
27-14-723. Registration and license required
upon presence in state.
(a) 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.
(b) 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.
(c)(1)(A) As used in this subsection, “entity”
means a firm, corporation, association, partner-
ship, or organization that transacts or conducts
business in Arkansas and has a place of business
in Arkansas.
(B) “Entity” does not include a firm, corpora-
tion, association, partnership, or organization en-
gaged in one (1) or more of the following:
(i) Governmental operations, including munici-
pal, county, state, or federal operations;
127 27-14-723UNIFORM MOTOR VEHICLE ADMINISTRATION
(ii) Utility operation, maintenance, or repair;
(iii) Construction;
(iv) Natural resource exploration, production,
or mining, including without limitation oil, gas,
gravel, and timber; or
(v) Agricultural operations.
(2)(A)(i) An entity that transacts or conducts
business in Arkansas and has a place of business
in Arkansas shall register a motor vehicle consid-
ered 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.
(ii) 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.
(B)(i) If a court of competent jurisdiction finds
that an entity has failed to comply with subdivi-
sion (c)(2)(A) of this section, the court may assess
a civil penalty against the entity not to exceed ten
thousand dollars ($10,000).
(ii) Proof that an employee or owner of the
entity was found guilty of a violation of subdivi-
sion (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.
(iii) A penalty assessed under this subdivision
(c)(2)(B) shall become a lien against the property
owned by the entity in the state.
(iv) An entity may appeal the assessment of a
civil penalty under this subdivision (c)(2)(B) to a
circuit court of competent jurisdiction.
(d) 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.
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 num-
ber verification.
(a) As used in this section, “designee” means a
person or entity that:
(1) The Department of Arkansas State Police de-
termines is appropriately suited for serving as a
designee; and
(2) Agrees to perform vehicle identification num-
ber verifications under this section on behalf of the
Department of Arkansas State Police.
(b) 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 as-
signed certificate of title or manufacturer’s certifi-
cate of origin and may only obtain title to the motor
vehicle through:
(A) A court order; or
(B) 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:
(A) Salvage;
(B) Prior salvage;
(C) Damaged;
(D) Prior damaged;
(E) Junked;
(F) Nonrepairable; or
(G) Any other designation that is substantially
similar to the designations stated in this subdivi-
sion (b)(2).
(c)(1) The Department of Arkansas State Police
shall perform vehicle identification number verifica-
tions 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:
(A) The Department of Arkansas State Police;
(B) The designee of the Department of Arkan-
sas State Police; or
(C) A local law enforcement agency.
(d)(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:
(A) Collected by the Revenue Division of the
Department of Finance and Administration at the
time of application for title; and
(B) Deposited into the State Treasury as special
revenue to the credit of the Department of Arkan-
sas 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.
(e) A designee under this section shall provide
notice to the Department of Arkansas State Police as
to which persons are conducting vehicle identifica-
tion number verifications on behalf of the designee.
(f) A local law enforcement agency or its employ-
ees are not required to perform vehicle identification
number verifications under this section.
(g)(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:
(A) Reasonable rules to ensure that the verifi-
cation process is available at convenient times and
locations; or
12827-14-724 TRANSPORTATION
(B) Reasonable rules to ensure that the verifi-
cation process does not unduly burden legitimate
businesses or consumers in the state.
(h) 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).
(i) If information is received from another state
which indicates that a motor vehicle title issued by
the Department of Finance and Administration un-
der 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 sec-
tion, 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.
(a) As used in this section:
(1) “Low pressure tire” means a pneumatic tire
six inches (69) or more in width designed for use on
a wheel with a rim diameter of twelve inches (129) or
less and utilizing an operating pressure of ten
pounds per square inch (10 p.s.i.) or less as recom-
mended by the vehicle manufacturer; and
(2)(A) “Mini-truck” means a motor vehicle that is:
(i) At least forty-eight inches (489) in width;
(ii) Not more than one hundred thirty-five
inches (1359) in length including the bumper;
(iii) At least one thousand five hundred pounds
(1,500 lbs.) in unladen weight, including fuel and
fluids;
(iv) Equipped with:
(a) Four (4) or more low pressure tires or pneu-
matic rubber tires that are used on motor vehicles;
(b) A steering wheel;
(c) Seating for at least two (2) people to sit
side-by-side in the front seating area;
(d) A fully enclosed metal or metal-reinforced
cab with glass and mirrors that complies with
§§ 27-37-301 — 27-37-305 regarding safety glass
and mirrors;
(e) Metal doors with functioning handle locks
that are similar to the handle locks on motor
vehicles;
(f) Headlamps as required under § 27-36-209;
(g) Tail lamps as required under § 27-36-215;
(h) Signal lamps as provided under § 27-36-
216;
(i) A working horn as required under § 27-37-
202(a);
(j) Seat belts as provided under § 27-37-701 et
seq.; and
(k) Front and rear bumpers.
(B) A mini-truck may be equipped with a bed or
cargo box for hauling materials.
(C) A mini-truck is not an all-terrain vehicle
under § 27-20-201 et seq. and § 27-21-101 et seq.
(b)(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:
(A) The same affidavit as required under § 27-
14-601(a)(3)(H)(v) and § 27-14-601(a)(3)(H)(xi);
(B) Proof of insurance as required under the
Motor Vehicle Safety Responsibility Act, § 27-19-
101 et seq., and § 27-22-101 et seq.; and
(C) 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 pur-
poses of minimum insurance liability under the
Motor Vehicle Safety Responsibility Act, § 27-19-
101 et seq., and § 27-22-101 et seq.
(c) A mini-truck shall not be operated on an
interstate highway.
(d) 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.
27-14-727. Certificate of title with beneficiary.
(a) As used in this section:
(1)(A) “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.
(B) “Beneficiary” does not include a business,
firm, partnership, corporation, association, or any
other legally created entity;
(2) “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;
(3)(A) “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.
(B) “Owner” does not include a business, firm,
partnership, corporation, association, or any other
legally created entity; and
129 27-14-727UNIFORM MOTOR VEHICLE ADMINISTRATION
(4) “Vehicle” means a motorized or nonmotorized
piece of equipment with wheels that is:
(A) Primarily used to transport persons or
property on the streets, roads, or highways; and
(B) Required to be registered, licensed, and
titled by the Office of Motor Vehicle under this
chapter.
(b) 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.
(c)(1) The owner of a vehicle may submit a trans-
fer 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 infor-
mation in the application:
(A) Whether the applicant seeks to add, re-
move, or change a beneficiary;
(B) The full legal name of the beneficiary;
(C) The Social Security number of the benefi-
ciary;
(D) The address of the beneficiary;
(E) The vehicle identification number of the
vehicle;
(F) The year, make, model, and body type of the
vehicle;
(G) The printed full legal name of the owner of
the vehicle;
(H) The Arkansas driver’s license or identifica-
tion card number for the owner of the vehicle; and
(I) The signature of the owner of the vehicle.
(3) The owner shall include the following with the
application:
(A) The certificate of title for the vehicle issued
under this chapter;
(B) The title application fee of four dollars
($4.00) as provided under § 27-14-705(c) and the
title fee under § 27-14-602(b); and
(C) The certificate of title with beneficiary pro-
cessing fee of ten dollars ($10.00).
(4)(A) 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.
(B) The fee shall be credited as supplemental
and in addition to all other funds as may be
deposited for the benefit of the division.
(C) The fee shall not be considered or credited
to the office as direct revenue.
(d)(1) The office shall not issue a certificate of title
with beneficiary to an owner of a vehicle if:
(A) The vehicle is encumbered by a lien; or
(B) The owner holds his or her interest in the
vehicle as a tenant in common with another per-
son.
(2) If a lien request is made for a certificate of title
with beneficiary, the beneficiary shall be removed
and the lien added.
(e) 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.
(f) 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 benefi-
ciary has been issued; and
(2) The certificate of title with beneficiary is re-
voked by:
(A) Selling the vehicle with proper assignment
and delivery of the certificate of title to another
person; or
(B) Filing an application with the office to re-
move or change a beneficiary as provided under
subsection (c) of this section.
(g) Except as provided in subsection (f) of this
section, the designation of the beneficiary in a cer-
tificate 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.
(h) 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.
(i)(1)(A) 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 benefi-
ciary presents the following:
(i) Proof of death of the owner that includes a
death certificate issued by the state or a political
subdivision of the state;
(ii) Surrender of the outstanding certificate of
title with beneficiary; and
(iii) Application and payment of the title appli-
cation fee and title fee.
(B) A certificate of title issued under this sub-
section will be subject to any existing security
interest.
(2) 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.
(3) The transfer under this subsection is a trans-
fer by operation of law, and § 27-14-907 applies to
the extent practicable and not in conflict with this
section.
(j) The transfer of a vehicle upon the death of the
owner under this section is not testamentary and is
13027-14-727 TRANSPORTATION
not subject to administration under Title 28 of the
Arkansas Code.
(k) The procedures and fees under § 27-14-720
shall apply for obtaining a duplicate title with ben-
eficiary.
(l)(1) The office may promulgate rules for the
administration of this section.
(2) If rules are promulgated, the office shall con-
sult with the Arkansas State Game and Fish Com-
mission about the rules.
History. Acts 2011, No. 335, § 4.
S
UBCHAPTER 8 — LIENS AND ENCUMBRANCES
SECTION
.
27-14-801
. Compliance required.
27-14-802
. Application and documents.
27-14-803
. Filing and certification.
27-14-804
. Index.
27-14-805
. Constructive notice.
27-14-806
. Optional means of recording.
27-14-807
. Methods exclusive — Exception.
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.
27-14-802. Application and documents.
(a) 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.
(b) 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:
(A) If the name of the lienholder is shown on an
existing certificate of title issued by that jurisdic-
tion, the lienholder’s security interest continues
perfected in this state;
(B) If the name of the lienholder is not shown
on an existing certificate of title issued by that
jurisdiction, the security interest continues per-
fected 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 un-
der 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 subdi-
vision (b)(3) of this section as provided in subsection
(a) of this section.
(c) 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 appli-
cation 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.
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.
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 sub-
chapter.
131 27-14-804UNIFORM MOTOR VEHICLE ADMINISTRATION
History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No.
307, § 9; A.S.A. 1947, § 75-160.
27-14-805. Constructive notice.
(a) 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 encum-
brancers, except those liens as may be authorized by
law dependent upon possession.
(b)(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.
27-14-806. Optional means of recording.
(a)(1) At his or her option, a lienholder may:
(A) Record the lien:
(i) On the manufacturer’s statement of origin;
(ii) On an existing certificate of title; or
(iii) 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
(B) File with the Revenue Division of the De-
partment of Finance and Administration a certi-
fied copy of the instrument creating and evidenc-
ing the lien or encumbrance.
(2) In the case of implements of husbandry, mo-
bile 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:
(A) Record the lien on the manufacturer’s state-
ment of origin;
(B) Record the lien on an existing certificate of
title;
(C) File with the division a certified copy of the
instrument creating and evidencing the lien or
encumbrance; or
(D) 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 con-
structive notice of the lien against the vehicle de-
scribed 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.
(b)(1)(A) 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.
(B) 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 con-
structive notice shall date from the time of the
filing of the instrument.
(2) However, the filing of a lien under the provi-
sions 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 re-
quired 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.
27-14-807. Methods exclusive — Exception.
(a) 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 manufac-
tured homes or mobile homes for which the certifi-
cate of title has been cancelled under § 27-14-1603.
(b) 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.
(c) 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 cre-
ating 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.
S
UBCHAPTER 9 — TRANSFERS OF TITLE AND
REGISTRATION
SECTION
.
27-14-901
. Penalty.
13227-14-805 TRANSPORTATION
SECTION.
27-14-902
. Transfer or assignment by owner or lessee generally.
27-14-903
. Registration by transferee — Title retention notes.
27-14-904
. Transfers to dealers.
27-14-905
. [Repealed.]
27-14-906
. Dealer and lienholder applications for registration and
title certificates.
27-14-907
. Transfer by operation of law — Definition.
27-14-908
. Assignment by lienholder.
27-14-909
. Release of lien by lienholder — Disclosure of informa-
tion.
27-14-910
. Reregistration — File.
27-14-911
. Transferor not liable for negligent operation.
27-14-912
. Dismantling or wrecking vehicles.
27-14-913
. Sale of motor vehicles to be dismantled, etc.
27-14-914
. Transfer of license plates and registration from one
vehicle to another.
27-14-915
. Transfer of license on vehicles for hire.
27-14-916
. Notice of sale or transfer.
27-14-917
. Time requirements for payment of lien or encum-
brance.
27-14-901. Penalty.
(a) 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.
(b) Any person found to be in possession of a
vehicle with an improperly assigned title which fails
to identify the transferee must immediately estab-
lish 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.
(a)(1) Whenever the owner or lessee of a regis-
tered 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.
(3)(A) The owner or lessee may have theplate or
plates assigned to another vehicle upon payment
of the fees required by law and subject to the rules
and regulations of the Office of Motor Vehicle.
(B) 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 ve-
hicle within the time permitted by § 27-14-903
provided that the owner has complied with § 27-
14-701(c).
(b)(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 registra-
tion 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 regis-
tered is less than that represented by the license to
be transferred.
(c) The owner or lessee shall pay any additional
fee which shall be required under the registration
laws of this state.
(d) 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.
27-14-903. Registration by transferee — Title
retention notes.
(a)(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 regis-
tration plate is properly attached thereto.
(b) 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.
(c)(1)(A) 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.
(B) 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 purchas-
er’s ability to comply with subsection (b) of this
section.
(2) 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.
(d) 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 provi-
sions of §§ 27-14-802 and 27-14-806.
133 27-14-903UNIFORM MOTOR VEHICLE ADMINISTRATION
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.
27-14-904. Transfers to dealers.
(a) 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 ac-
knowledge 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.
(b) 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 ve-
hicle. 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 cer-
tificate of origin shall deliver the manufacturer’s
certificate of origin to the office and apply for regis-
tration 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 consti-
tute 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.
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.
(a) The Director of the Department of Finance
and Administration may permit lienholders and
motor vehicle dealers to make applications for reg-
istration 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.
(b) The director shall promulgate reasonable
rules to be complied with by motor vehicle dealers
and lienholders in making application for registra-
tion and certificates of title on behalf of purchasers
of new or used motor vehicles and may, if the
director deems necessary, require the dealer or lien-
holder to post bond to ensure faithful compliance
with the rules.
(c)(1) Any motor vehicle dealer or lienholder who
has been authorized by the director to prepare
applications for registration and certificates of title
with respect to new or used motor vehicles shall
transmit the applications to the director and shall
attach thereto a copy of any conditional sales con-
tract, conditional lease, chattel mortgage, or other
lien or encumbrance or title retention instrument
upon the motor vehicle.
(2) Upon receipt of the documents under subdivi-
sion (c)(1) of this section, the director 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.
(d) On issuing the registration and certificate of
title, the director shall mail the registration to the
owner and the title to the lienholder, or to the owner
if no lien exists.
(e) 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 Administra-
tion 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.
27-14-907. Transfer by operation of law —
Definition.
(a)(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 regis-
tration of the vehicle shall expire, and the vehicle
shall not be operated upon public streets or high-
ways for more than thirty (30) days after the trans-
fer 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 oper-
ate any repossessed vehicle under such special
plates only for purposes of transporting it to a
garage or warehouse or for purposes of demonstrat-
ing or selling it.
(b)(1) Upon any such transfer, the new owner
may either secure a new registration and certificate
of title, upon proper application and upon presenta-
tion of:
(A) The last certificate of title, if available;
13427-14-904 TRANSPORTATION
(B) 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
(C) Such instruments or documents of author-
ity, 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.
(2)(A) If the motor vehicle to be registered was
last registered in a jurisdiction other than Arkan-
sas 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 registra-
tion and certificate of title.
(B) 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 pur-
chaser and the Arkansas purchaser failed to reg-
ister the vehicle in this state. The lienholder of
that vehicle may obtain a title under this section
upon presentation of:
(i) The last certificate of title, if available;
(ii) A copy of the instrument creating or evi-
dencing the lien or encumbrance that reflects the
name and address of the Arkansas resident pur-
chaser of the motor vehicle; and
(iii) 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.
(3)(A) 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:
(i) The auto auction is located in Arkansas; and
(ii) The auto auction has a written agreement
with the repossessing lienholder to sell repos-
sessed motor vehicles at the auto auction.
(B) 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 lien-
holder has made the agreement.
(C) For purposes of this section, “auto auction”
means:
(i) 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;
(ii) A motor vehicle dealer licensed to sell used
motor vehicles, or selling motor vehicles using an
auction format but not on consignment; and
(iii) A person who provides the facilities for or is
in the business of selling motor vehicles in an
auction format.
(D) The office may request information from
the auto auction as necessary to verify the excep-
tion provided under subdivision (b)(3)(A) of this
section.
(4) 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.
(c) The Director 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.
27-14-908. Assignment by lienholder.
(a) 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.
(b) 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.
27-14-909. Release of lien by lienholder —
Disclosure of information.
(a) For purposes of this section, a lien or encum-
brance is satisfied when the lienholder receives final
payment under § 4-4-215.
(b)(1) Upon the satisfaction of any lien or encum-
brance 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 re-
ceive 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
135 27-14-909UNIFORM MOTOR VEHICLE ADMINISTRATION
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 encum-
brance 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 autho-
rization from the owner to receive it.
(c) This section shall not be construed to apply to
manufactured housing or mobile homes.
(d) 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.
(e)(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 thereaf-
ter 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.
27-14-910. Reregistration — File.
(a) The Office of Motor Vehicle, upon receipt of a
properly endorsed certificate of title and proper
application for registration accompanied by the re-
quired 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.
(b) 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 opera-
tion of the vehicle by another. Furthermore, the
selling or transferring owner, upon delivery of pos-
session, 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 en-
dorsed 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.
27-14-912. Dismantling or wrecking vehicles.
Any owner dismantling or wrecking any regis-
tered 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 dis-
mantled, etc.
(a) 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.
(b)(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.
(2)(A) The bill of sale shall identify the make,
model, and serial number of the motor vehicle,
and this information shall be verified by a munici-
pal police officer’s, sheriff’s, or deputy sheriff’s
signature on the bill of sale.
(B)(i) 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.
(ii) The office shall thereupon cancel the certifi-
cate 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 owner-
ship thereto by endorsement on the bill of sale.
(c) 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
13627-14-910 TRANSPORTATION
ninety (90) days of the date of filing, from the person
filing the notice, that the notice of intent to dis-
mantle was filed in error.
(d) 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 condi-
tions:
(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.
27-14-914. Transfer of license plates and reg-
istration from one vehicle to another.
(a)(1) When the owner of any motor vehicle, ex-
cepting Class One trucks and passenger automo-
biles 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 li-
cense 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
Director of the Department of Finance and Admin-
istration 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 reg-
istration and license plate, in which event the trans-
fer of the vehicle shall be governed as provided by
law.
(b) The director 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 and regula-
tions governing these transfers.
History. Acts 1967, No. 134, §§ 1, 2; A.S.A. 1947, §§ 75-287,
75-288.
27-14-915. Transfer of license on vehicles for
hire.
(a) When the owner of a vehicle licensed to oper-
ate for hire takes the vehicle out of the for-hire
service, the Director 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.
(b) If the fee for registration and licensing the
vehicle under registration is greater than that rep-
resented by the license to be transferred, then the
director shall, in addition, collect an amount equal to
the excess payable for the vehicle under registra-
tion.
(c) 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.
(d)(1) Upon the transfer of a license, the director
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.
27-14-916. Notice of sale or transfer.
(a) Whenever the owner of a motor vehicle regis-
tered 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.
(b) The notice shall provide the following infor-
mation:
(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.
(c) 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 conduct-
ing 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.
(a) 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
137 27-14-917UNIFORM MOTOR VEHICLE ADMINISTRATION
(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.
(b)(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.
(c)(1) If the motor vehicle dealer fails to act in
good faith in tendering full payment for the out-
standing lien or encumbrance within ten (10) busi-
ness days or within the time period agreed to by the
motor vehicle dealer and the customer under subdi-
vision (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.
(d) 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.
S
UBCHAPTER 10 — PERMANENT AUTOMOBILE
LICENSING ACT
SECTION
.
27-14-1001
. Title.
27-14-1002
. Definitions.
27-14-1003
. Applicability.
27-14-1004
. Penalties.
27-14-1005
. Failure to affix or display license plates, etc.
27-14-1006
. Authority to issue permanent license plate subject to
replacement.
27-14-1007
. Issuance of license plate.
27-14-1008
. Issuance of permanent reflectorized license plates.
27-14-1009
. Issuance of special personalized license plate.
27-14-1010
. Registration certificate.
27-14-1011
. Registration on monthly-series basis — Renewal pe-
riods.
27-14-1012
. Applications for registrations or renewals.
27-14-1013
. Renewals of registration.
27-14-1014
. Application forms for renewals of registration.
27-14-1015
. Payment of personal property taxes and listing for
assessment required.
27-14-1016
. Other information required.
27-14-1017
. Calculation of license fees.
SECTION.
27-14-1018
. Issuance of annual tab or decal.
27-14-1019
. Changes of address.
27-14-1020
. Rules and regulations.
27-14-1021
. Annual notification of requirements.
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.
(a) 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 opera-
tions, 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 require-
ments 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 Director of the
Department of Finance and Administration may
prescribe by rule or regulation.
(b) 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.
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.
(a) Any person failing to comply with the provi-
sions 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
13827-14-1001 TRANSPORTATION
without having first registered the motor vehicle
with the Office of Motor Vehicle, in the manner and
within the period required by law or regulations of
the Director 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.
(b) 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.
(c) 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.
27-14-1005. Failure to affix or display license
plates, etc.
(a) 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 desig-
nated by the Director of the Department of Finance
and Administration, shall be a misdemeanor subject
to the penalties provided by § 27-14-301.
(b) 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.
27-14-1006. Authority to issue permanent li-
cense plate subject to replacement.
(a) The Director 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 Department of Arkansas State Police
or the Director of the Department of Finance and
Administration.
(b) 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.
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
Director of the Department of Finance and Admin-
istration upon the payment of the fees required by
law.
History. Acts 1967, No. 465, § 6; A.S.A. 1947, § 75-133.16.
27-14-1008. Issuance of permanent reflector-
ized license plates.
(a)(1) The Director of the Department of Finance
and Administration is authorized to issue perma-
nent 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 director shall have imprinted thereon a multi-
color 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.
(b) No identical license plates shall be issued for
more than one (1) vehicle.
(c) All license plates that have been issued prior
to the enactment of this section shall be replaced by
the director 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.
27-14-1009. Issuance of special personalized
license plate.
(a)(1) The Director of the Department of Finance
and Administration shall provide for and issue a
special personalized license plate for passenger mo-
tor 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.
(3)(A) 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.
(B) The director, in his or her discretion, may
limit the number of characters or the context in
which they appear on the license plate.
(b) No identical special personalized license plate
shall be issued for more than one (1) vehicle.
(c)(1) In the event the owner does not desire to
renew his or her special personalized license plate,
139 27-14-1009UNIFORM MOTOR VEHICLE ADMINISTRATION
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.
(d) The director may adopt regulations concern-
ing the issuance of a special personalized license
plate.
History. Acts 1967, No. 465, § 15; A.S.A. 1947, § 75-133.25.
27-14-1010. Registration certificate.
(a) The Director of the Department of Finance
and Administration shall issue to each owner of a
motor vehicle subject to this subchapter a registra-
tion certificate which must be kept in the motor
vehicle in the place prescribed by the director.
(b) The willful failure or neglect to comply with
the provisions of this section shall be a misde-
meanor.
History. Acts 1967, No. 465, § 21; A.S.A. 1947, § 75-133.31.
27-14-1011. Registration on monthly-series
basis — Renewal periods.
(a)(1) The Director of the Department of Finance
and Administration shall establish a system of reg-
istration 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 director 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.
(b) If the director 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 director for attach-
ment 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 appli-
cation is made.
(c) The director shall, upon request, assign to any
owner of two (2) or more vehicles the same registra-
tion period.
(d) 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.
(e) The director 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 director shall obtain a number of fac-
simile 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.
27-14-1012. Applications for registrations or
renewals.
(a)(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 Director of the Department of
Finance and Administration.
(2) After the issuance of a permanent license
plate, an applicant may apply for renewal by:
(A) Transmitting the required documents and
the registration fee by mail to the applicant’s local
revenue office or to the director;
(B) Transmitting the required information elec-
tronically using the electronic online registration
process provided by the Department of Finance
and Administration and authorizing the registra-
tion fee to be charged to the applicant’s credit
card; or
(C) 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.
(b)(1) Not less than thirty (30) days before the
expiration of the license, the director shall notify the
owner of a registered motor vehicle subject to this
subchapter.
(2) The notice shall be sent by:
(A) 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
(B) Email to the email address provided to the
director by the motor vehicle owner in connection
with a consent to receive the annual motor vehicle
registration renewal notice by email.
(c) A proper application for registration or re-
newal by mail must be postmarked not later than
fifteen (15) days before the date for renewal to allow
time for processing.
(d) The director 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.
27-14-1013. Renewals of registration.
The owner of any permanent license plate issued
by the Director 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 director;
14027-14-1010 TRANSPORTATION
(2) Electronically, using the electronic online reg-
istration 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.
27-14-1014. Application forms for renewals of
registration.
(a)(1) The Director of the Department of Finance
and Administration shall send application forms for
all renewals of registration under this subchapter
by:
(A) Regular mail sent to the most recent ad-
dress 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
(B) Email sent to the address provided to the
director 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 director shall not be required to go beyond
the face of the last registration.
(b) 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.
27-14-1015. Payment of personal property
taxes and listing for assessment required.
(a) The owner of every vehicle subject to registra-
tion 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.
(b)(1) The county tax assessor and county tax
collector shall provide to the Director of the Depart-
ment 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 delin-
quent personal property taxes. The updates shall be
required not later than January 1, 1999.
(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 Registra-
tion 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 director shall provide free of charge to
each county assessor and to each county collector in
this state, such additional computer hardware, soft-
ware, and telecommunications links as he or she
deems are essential to allow the county assessors
and collectors to electronically forward to the De-
partment of Finance and Administration updates to
the vehicle registration system for the purposes of
adding, changing, or removing information identify-
ing 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.
(c) 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 director 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 regis-
tration 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 tele-
phone, electronically, by mail, or in person without
requiring applicants to submit to the director proof
of assessment and payment of personal property
taxes.
(d)(1) One dollar and fifty cents ($1.50) of the
amount collected by the director pursuant to subsec-
tion (c) of this section for each annual license plate
validation decal shall not be deposited in the State
Treasury but shall be remitted to the Arkansas
Development Finance Authority.
(2) One dollar ($1.00) of the amount collected by
the director pursuant to subsection (c) of this section
for each annual license plate validation decal shall
be deposited into the State Treasury as direct rev-
enues 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 extend-
ing to vehicle owners the additional services and
conveniences of the options to renew vehicle regis-
trations by telephone, electronically, by mail, or in
person without requiring applicants to submit to the
director proof of assessment and payment of per-
sonal 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
director 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 other-
wise 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.
141 27-14-1015UNIFORM MOTOR VEHICLE ADMINISTRATION
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.
27-14-1016. Other information required.
The Director 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.
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.
(a) In conjunction with the permanent license
plate for a motor vehicle other than a commercial
motor vehicle registered with the International Reg-
istration Plan, the Director of the Department of
Finance and Administration shall issue a tab or
decal annually or, when appropriate, to each quali-
fied applicant as evidence of the annual payment of
license fees.
(b) A motor vehicle owner shall affix and display
the tab or decal in such place as the director shall
designate.
History. Acts 1967, No. 465, §§ 17, 18; A.S.A. 1947, §§ 75-
133.27, 75-133.28; Acts 2017, No. 532, § 9.
27-14-1019. Changes of address.
(a) Every owner of a motor vehicle subject to this
subchapter shall report to the Director of the De-
partment of Finance and Administration any change
of address from that listed when the vehicle was
registered.
(b) 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 director 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.
27-14-1020. Rules and regulations.
The Director of the Department of Finance and
Administration shall promulgate such reasonable
rules and regulations 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.
27-14-1021. Annual notification of require-
ments.
(a) The Director 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 ve-
hicle 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 main-
tained at all times in the vehicle; and
(4) Notification of the penalties contained in Ar-
kansas law for:
(A) Failure to assess the vehicle or pay personal
property taxes due;
(B) Failure to maintain liability insurance cov-
erage on the vehicle; and
(C) Operation of an unsafe vehicle.
(b) The director may comply with the require-
ments 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.
(c) The director 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.
S
UBCHAPTER 11 — SPECIAL PERSONALIZED
PRESTIGE LICENSE PLATES
SECTION
.
27-14-1101
. Authority to issue for passenger cars.
27-14-1102
. Applications — Priority.
27-14-1103
. Design.
27-14-1104
. Rules and regulations.
27-14-1101. Authority to issue for passenger
cars.
(a) The Director of the Department of Finance
and Administration shall provide for and issue spe-
cial personalized prestige license plates for passen-
ger automobiles and motorcycles.
(b) 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 regis-
tration fee prescribed for the vehicle to which the
special personalized prestige license plate is to be
attached.
14227-14-1016 TRANSPORTATION
(c) No identical special personalized prestige li-
cense 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.
27-14-1102. Applications — Priority.
(a) 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.
(b) 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 pres-
tige 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 and regulations.
(a) The Director of the Department of Finance
and Administration is authorized to promulgate
rules and regulations regarding the maximum and
minimum number of letters, numbers, or symbols on
special personalized prestige license plates issued
under this subchapter.
(b) The director may also promulgate such other
rules and regulations 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.
S
UBCHAPTER 12 — PERMANENT TRAILER
LICENSING ACT OF 1979
SECTION.
27-14-1201
. Title.
27-14-1202
. Definitions.
27-14-1203
. Applicability.
27-14-1204
. Penalties.
SECTION.
27-14-1205
. [Repealed.]
27-14-1206
. Time and place for registration or renewal.
27-14-1207
. Information required of applicant.
27-14-1208
. [Repealed.]
27-14-1209
. Issuance of registration certificate.
27-14-1210
. Fee.
27-14-1211
. Issuance of permanent plate.
27-14-1212
. Issuance of reflectorized plates.
27-14-1213
. Distribution of renewal applications.
27-14-1214
. Renewal of registration.
27-14-1215
. Issuance of tab or decal.
27-14-1216
. Transfer of registration to another trailer.
27-14-1217
. Report of change of address.
27-14-1218
. Rules and regulations.
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.
(a) As used in this subchapter:
(1) “Decal” means an attachable material of such
form and substance as the Director of the Depart-
ment of Finance and Administration may prescribe
by rule or regulation;
(2) [Repealed.]
(3) “Proper application” means a completed appli-
cation 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.).
(b) 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.
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.
(a) 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.
(b) 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 desig-
nated by the Director of the Department of Finance
and Administration, shall be a misdemeanor subject
to the penalties provided by § 27-14-301.
143 27-14-1204UNIFORM MOTOR VEHICLE ADMINISTRATION
History. Acts 1979, No. 671, §§ 8, 18; A.S.A. 1947, §§ 75-253.8,
75-253.18; Acts 2015, No. 1158, § 1.
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.
(a) 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 Director of the Department of
Finance and Administration.
(b) Thirty (30) days before the expiration of a
license issued prior to January 1, 2002, the director
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
director is not required to go beyond the face of the
last registration statement.
(c)(1) A proper application for registration or re-
newal of a registration issued prior to January 1,
2002, 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 director 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.
27-14-1207. Information required of appli-
cant.
The Director 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 mainte-
nance 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.
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 fromActs 1979, No. 671, § 11;
A.S.A. 1947, § 75-253.11.
27-14-1209. Issuance of registration certifi-
cate.
(a) The Director 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 pre-
scribed by the director.
(b) The willful failure or neglect to comply with
the provisions of this section shall be a misde-
meanor.
History. Acts 1979, No. 671, § 20; A.S.A. 1947, § 75-253.20.
27-14-1210. Fee.
(a) 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
Director of the Department of Finance and Admin-
istration upon the payment of the fee set forth in
§ 27-14-601.
(b) 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.
27-14-1211. Issuance of permanent plate.
(a) The Director 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.
(b) 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.
27-14-1212. Issuance of reflectorized plates.
(a) The Director of the Department of Finance
and Administration is authorized to issue perma-
nent reflectorized license plates in such form as he
or she shall prescribe.
(b) These license plates shall be attached to the
trailer in such manner as he or she shall prescribe.
(c) 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.
27-14-1213. Distribution of renewal applica-
tions.
(a) The Director 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.
(b) The director 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
14427-14-1205 TRANSPORTATION
trailer license shall not be construed as an extenu-
ating 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.
27-14-1214. Renewal of registration.
(a) The owner of any permanent license plate
issued by the Director 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 director during
any day from thirty (30) days prior to the date on
which his or her registration shall expire.
(b) Upon receiving notification by the director of
his or her new permanent registration date, the
applicant shall, within the time prescribed by the
director, 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.
27-14-1215. Issuance of tab or decal.
(a) 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.
(b) 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 an-
other trailer.
(a) Whenever the owner of a registered trailer
transfers or assigns his or her title, or interest
thereto, the registration of the trailer shall expire.
(b) 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.
(a) Every owner of a trailer subject to this sub-
chapter shall report to the Director of the Depart-
ment of Finance and Administration any change of
address from that listed when the trailer was regis-
tered.
(b) 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 director of any obligation of noti-
fying 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.
27-14-1218. Rules and regulations.
The Director of the Department of Finance and
Administration shall promulgate such reasonable
rules and regulations 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.
S
UBCHAPTER 13 — TRUCKS AND TRAILERS
SECTION
.
27-14-1301
. Penalty.
27-14-1302
. Load limits not affected.
27-14-1303
. Administration.
27-14-1304
. Rules and regulations.
27-14-1305
. Annual report.
27-14-1306
. Commercial vehicle temporary license plates.
27-14-1301. Penalty.
(a) 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, rule, or regulation made
under or pursuant to this subchapter shall be
deemed guilty of a misdemeanor.
(b) 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.
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 Director 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 subchap-
ter and to enforce this subchapter.
145 27-14-1303UNIFORM MOTOR VEHICLE ADMINISTRATION
History. Acts 1949, No. 235, § 4; A.S.A. 1947, § 75-255.
27-14-1304. Rules and regulations.
(a)(1) The Director of the Department of Finance
and Administration shall promulgate rules and
regulations and prescribe forms for the proper en-
forcement of this subchapter.
(2) The rules, regulations, and forms shall be
dated and issued under a systematic method of
numbering.
(b)(1) A complete file of all rules, regulations, and
forms shall be kept in the office of the director.
(2) Copies of the rules, regulations, and forms
shall be made available to any person requesting
them.
History. Acts 1949, No. 235, § 3; A.S.A. 1947, § 75-254.
27-14-1305. Annual report.
(a) Annually, on or before December 31 of each
year, the Director of the Department of Finance and
Administration shall make a report of his or her
administration of this subchapter to the Governor.
(b) The annual report shall include, among other
things, facts and statistics relating to the effect of
the administration of this subchapter upon all af-
fected thereby.
History. Acts 1949, No. 235, § 6; A.S.A. 1947, § 75-257.
27-14-1306. Commercial vehicle temporary
license plates.
(a)(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.
(b) The Chief Fiscal Officer of the State is autho-
rized to promulgate such rules and regulations as he
or she deems necessary for the proper enforcement
of this section.
(c) 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.
S
UBCHAPTER 14 — BUSES
SECTION
.
27-14-1401
. Fees for registration and licensing of interstate motor
buses.
27-14-1402
. Municipally franchised buses.
27-14-1403
. Community or farm-to-market buses — Definition.
27-14-1404
. School buses owned by licensed facilities.
27-14-1401. Fees for registration and licens-
ing of interstate motor buses.
(a) The provisions of § 27-14-601 shall govern the
fees for the registration and licensing of interstate
motor buses.
(b) For the purpose of determining the registra-
tion 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 fran-
chise 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.
27-14-1403. Community or farm-to-market
buses — Definition.
(a) As used in this section, “community or farm-
to-market bus” means any bus operating under and
by authority of the Arkansas Department of Trans-
portation 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 be-
yond the territory of fifty (50) miles for any opera-
tion, shall be termed a “community or farm-to-
market bus”.
(b) The annual license fee to be collected from the
owners of community or farm-to-market buses oper-
ating 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.
27-14-1404. School buses owned by licensed
facilities.
(a) School buses owned by facilities licensed by
the Department of Human Services shall not be
14627-14-1304 TRANSPORTATION
subject to the registration and licensing fees pre-
scribed by law.
(b) The only fee for their licenses shall be a one
dollar ($1.00) annual renewal fee.
(c) The original license application and all renew-
als 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 exclu-
sively in its functions.
History. Acts 1981, No. 441, § 1; A.S.A. 1947, § 75-201.18.
S
UBCHAPTER 15 — TAXICABS
SECTION
.
27-14-1501
. Liability insurance prerequisite to licensing.
27-14-1502
. Operations in adjoining cities and towns separated by
state line.
27-14-1501. Liability insurance prerequisite
to licensing.
(a) 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 Director 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 director, and
issued by an insurance company licensed to do
business in the State of Arkansas.
(b) The policy shall secure payment in accordance
with the provisions thereof to any person except
employees or joint venturers of the owner for per-
sonal 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.
(c)(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.
(2)(A) The bond or collateral shall be in the form
approved by the director 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 cov-
erage shall not be required of the operators.
(B) If the bond or collateral becomes insuffi-
cient 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.
(d) In lieu of the policy of insurance or bond, an
owner may provide self-insurance as authorized
under § 27-19-107.
(e)(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 director.
(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.
(f) 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 corpora-
tion in violating this section shall, upon conviction,
be guilty of a Class B misdemeanor.
(g)(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 municipal-
ity 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 re-
quirements on its taxicabs, it shall be unlawful for
any taxicab operator to operate a taxicab within the
corporate limits of that municipality without meet-
ing 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.
27-14-1502. Operations in adjoining cities and
towns separated by state line.
(a) Where any person, firm, or corporation is
engaged in a general taxicab business of transport-
ing persons for hire in adjoining cities and incorpo-
rated 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
147 27-14-1502UNIFORM MOTOR VEHICLE ADMINISTRATION
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.
(b) 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.
S
UBCHAPTER 16 — MANUFACTURED HOMES
AND
MOBILE HOMES
SECTION
.
27-14-1601
. Definitions.
27-14-1602
. Registration — Fee.
27-14-1603
. Cancellation of title.
27-14-1604
. Issuance of new title in the event of severance.
27-14-1601. Definitions.
As used in this subchapter:
(1) “Manufactured home” means a factory-built
structure:
(A) Produced in accordance with the National
Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. § 5401 et seq.;
and
(B) Designed to be used as a dwelling unit; and
(2) “Mobile home” means a structure:
(A) 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
(B) 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.
27-14-1602. Registration — Fee.
(a)(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:
(A) A manufactured home or mobile home for
which a certificate of origin, original document of
title, or existing document of title has been can-
celled or surrendered under § 27-14-1603; or
(B) A manufactured home or mobile home held
for sale or resale by a licensed retailer, financial
institution, beneficiary, mortgagee or the mortgag-
ee’s attorney-in-fact or trustee, or other holder in
due course.
(b) 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.
27-14-1603. Cancellation of title.
(a) If a manufactured home or a mobile home is to
be affixed to real estate, the manufacturer’s certifi-
cate of origin or the original document of title may be
surrendered to the Department of Finance and Ad-
ministration for cancellation.
(b) The department shall cancel a certificate of
origin or the original document of title to a manu-
factured home or mobile home upon receipt of:
(1) The original manufacturer’s certificate of ori-
gin 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 manu-
facturer’s certificate of origin or the original docu-
ment of title; and
(3)(A) 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.
(B) The affidavit of affixation shall include:
(i) 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;
(ii) A statement that the party executing the
affidavit of affixation is:
(a) The owner of the real estate described in the
affidavit of affixation; or
(b) Authorized by the owner of the real estate
described in the affidavit to execute the affidavit of
affixation on the owner’s behalf;
(iii) The street address and the legal descrip-
tion of the real estate to which the manufactured
home or mobile home is or shall be permanently
affixed; and
(iv) One (1) of the following statements and
applicable information:
(a) 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;
14827-14-1601 TRANSPORTATION
(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
(b) 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 re-
lease executed by the holder of the security inter-
est or lien.
(c) 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 depart-
ment 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 applica-
tion for cancellation of title or manufacturer’s cer-
tificate of origin and a copy of an affidavit of affixa-
tion to be recorded under § 14-15-402 in the county
in which the manufactured home or mobile home is
to be affixed.
(d) The Director of the Department of Finance
and Administration may promulgate rules to admin-
ister this section.
History. Acts 2001, No. 1118, § 3; 2005, No. 1991, § 3; 2013, No.
592, § 2.
27-14-1604. Issuance of new title in the event
of severance.
(a) 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 manu-
factured home or mobile home.
(b) The Department of Finance and Administra-
tion 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 prop-
erty taxes, if any;
(3) The following information:
(A) A statement from:
(i) The owner applicant that there are no liens,
security interests, or encumbrances upon the
manufactured home or mobile home; or
(ii) 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
(B) 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 inter-
ests, or encumbrances other than that of a lender
applicant;
(4)(A) 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.
(B) The affidavit of severance shall include the
name, residence, and mailing address of the ap-
plicant and a description of the manufactured
home or mobile home, including without limita-
tion the name of the manufacturer, make, model
name, model year, dimensions, and the manufac-
turer’s serial number of the manufactured home
or mobile home; and
(5) Relevant supporting documents and recording
information concerning a lien, security interest, or
encumbrance upon the manufactured home or mo-
bile home if requested by the department.
(c) 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.
(d) The department shall also issue a new certifi-
cate 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 depart-
ment to issue a new title and submits an application
for issuance of a new certificate of title or manufac-
turer’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 can-
cellation 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.
(e) The Director of the Department of Finance
and Administration may promulgate rules to imple-
ment and administer this section.
History. Acts 2013, No. 592, § 3.
149 27-14-1604UNIFORM MOTOR VEHICLE ADMINISTRATION
SUBCHAPTER 17 — LICENSE PLATES FOR
MANUFACTURERS, TRANSPORTERS, AND
DEALERS
SECTION
.
27-14-1701
. Operation of vehicles under special plates.
27-14-1702
. Application for and issuance of certificates and special
plates.
27-14-1703
. Expiration of special plates.
27-14-1704
. Dealer’s extra license plates.
27-14-1705
. Temporary preprinted paper buyer’s tags.
27-14-1706
. Vehicles provided for purposes of demonstration or for
repair customers.
27-14-1707
. Authority to promulgate rules.
27-14-1708
. Temporary tag database.
27-14-1709
. Definition.
27-14-1701. Operation of vehicles under spe-
cial plates.
(a) 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 high-
ways 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.
(b)(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 reason-
ably be required by the Office of Motor Vehicle.
(c) The provisions of this subchapter shall not
apply to work or service vehicles owned by a manu-
facturer, transporter, or dealer.
(d)(1) The Director 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.
(2)(A) Temporary preprinted paper tags issued to
manufacturers or dealers for transport purposes
shall have the following information printed on
them:
(i) The date of expiration;
(ii) The vehicle year, make, and model;
(iii) The vehicle identification number;
(iv) The name of the issuing dealer; and
(v) Other information that may be required by
the office.
(B) In addition, the expiration date of the pre-
printed paper tag shall be shown in ink on the tag
in a place to be determined by the office.
(C) The expiration date shall be covered by a
sticker for added security.
(e) 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.
27-14-1702. Application for and issuance of
certificates and special plates.
(a)(1) A manufacturer or dealer may make appli-
cation to the Office of Motor Vehicle, upon the
appropriate form, for a certificate containing a gen-
eral distinguishing number and for one (1) or more
pairs of special plates, single special plates, or
special temporary preprinted paper tags, as appro-
priate, 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.
(b)(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 certifi-
cate 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.
(c)(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.
27-14-1703. Expiration of special plates.
(a)(1) Every special plate, excluding temporary
preprinted paper tags, issued under this subchapter
15027-14-1701 TRANSPORTATION
shall expire at 12:00 midnight on December 31 of
each year unless the Director of the Department of
Finance and Administration provides by rule a stag-
gered 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.
(b) In lieu of providing a new special plate upon
the expiration of the special plate issued under this
subchapter, the director may by rule provide for the
issuance of permanent special plates that are re-
newed 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.
27-14-1704. Dealer’s extra license plates.
(a) Each dealer as defined in § 27-14-601(a)(6)
shall furnish the Director of the Department of
Finance and Administration with a list of each
manager, sales manager, and salesperson autho-
rized 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 li-
cense plates as provided in § 27-14-1702; and
(2) Upon renewal of dealer’s extra license plates
as provided in § 27-14-1703.
(b) 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 out-
side the dealer’s county of residence;
(3) To transport the vehicle; or
(4) To demonstrate the vehicle.
(c) 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 sales-
person of the dealer is present in the vehicle.
(d) 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 subse-
quent offenses.
(e)(1)(A) In addition to any other penalty pre-
scribed by this chapter, the director may suspend
some or all dealer’s extra license plates issued to a
dealer if the director 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.
(B) A suspension of the dealer’s extra license
plates under this section does not require that the
dealer’s master license plate be suspended.
(C) The director shall:
(i) Notify the dealer in writing of a suspension
of the dealer’s extra license plates that is autho-
rized under this section; and
(ii) Provide information regarding the misuse
or unauthorized use upon which the suspension
was based in the notice.
(D) The dealer’s extra license plates shall be
suspended for:
(i) Six (6) months for the first misuse or unau-
thorized use of the dealer’s extra license plates; or
(ii) One (1) year for any subsequent misuse or
unauthorized use.
(2)(A) Any dealer who desires a hearing on the
suspension shall notify the director in writing
within twenty (20) days after receipt of the notice
of suspension.
(B) A hearing officer appointed by the director
shall schedule a hearing in an office of the Rev-
enue Division of the Department of Finance and
Administration in the county of the dealer’s prin-
cipal place of business, unless the director and the
dealer agree to another location for the hearing or
agree that the hearing shall be held by telephone.
(C) Hearings conducted under this section shall
be subject to the Arkansas Administrative Proce-
dure Act, § 25-15-201 et seq.
(D) 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.
(3)(A)(i) 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.
(ii) The dealer shall serve a copy of the petition
on the director.
(iii) 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 revers-
ing the suspension is issued by the circuit court.
(B) 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.
27-14-1705. Temporary preprinted paper buy-
er’s tags.
(a)(1)(A) A person who buys a motor vehicle from
a licensed dealer shall be required to obtain one
151 27-14-1705UNIFORM MOTOR VEHICLE ADMINISTRATION
(1) temporary preprinted paper buyer’s tag for the
vehicle and any correlating sticker that is to be
placed on the tag.
(B) The preprinted paper buyer’s tag may be
issued by an approved licensed dealer, vendor, or
the Office of Motor Vehicle.
(2)(A) A person who buys a motor vehicle from a
licensed dealer that cannot issue temporary pre-
printed paper buyer’s tags shall:
(i) 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;
(ii) Provide to the vendor or the Office of Motor
Vehicle a copy of the bill of sale or other documen-
tation 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
(iii) Maintain a copy of the bill of sale for the
motor vehicle in the vehicle until the buyer ob-
tains the preprinted paper buyer’s tag and sticker.
(B) 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.
(b)(1) The temporary preprinted paper buyer’s
tag is valid for the operation of the vehicle until the
earlier of:
(A) The date on which the vehicle is registered;
or
(B) The thirtieth calendar day after the date of
purchase.
(2)(A) If the date that a transferee of a motor
vehicle must register the vehicle is extended un-
der § 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 is-
sued.
(B)(i) If the dealer cannot issue preprinted pa-
per buyer’s tags, the transferee may obtain a
temporary preprinted paper buyer’s tag from the
Office of Motor Vehicle.
(ii) The additional preprinted paper buyer’s tag
expires thirty (30) calendar days from the date the
additional tag was issued.
(c)(1)(A) The following information shall be
printed by the dealer, the vendor, or the Office of
Motor Vehicle on the face of the temporary pre-
printed paper buyer’s tags:
(i) The actual date of sale;
(ii) The date of expiration;
(iii) The vehicle year, make, and model;
(iv) The vehicle identification number;
(v) The name of the issuing dealer; and
(vi) Other information required by the Office of
Motor Vehicle.
(B) The expiration date of the preprinted paper
buyer’s tag shall be shown in ink on the pre-
printed paper buyer’s tag in a place to be deter-
mined by the Office of Motor Vehicle, and the date
shall be covered by a sticker for added security.
(2) 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.
(d)(1)(A) 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.
(B)(i) The temporary preprinted paper buyer’s
tag shall be covered by a translucent material that
protects the temporary tag until the tag’s expira-
tion.
(ii) The translucent material covering the tag
shall be approved by the Office of Motor Vehicle.
(C)(i) The information on the tag shall be vis-
ible and readable when viewing the temporary tag
covered with the translucent material.
(ii) The translucent material shall cover the tag
in the manner approved by the Office of Motor
Vehicle.
(D) 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.
(2) 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 replace-
ment preprinted paper buyer’s tag from the original
issuing dealer or from the Office of Motor Vehicle.
(3) The replacement preprinted paper buyer’s tag
shall expire on the expiration date of the original
preprinted paper buyer’s tag.
(e) The Director of the Department of Finance
and Administration shall provide the specifications,
form, and color of the temporary preprinted paper
buyer’s tag.
(f)(1)(A) The buyer shall be responsible for paying
to the director a fee to be set by the director, 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.
(B) This fee shall be collected at the time the
buyer registers the vehicle under § 27-14-705.
(2) The gross receipts or gross proceeds derived
from the sale or issuance of temporary preprinted
paper buyer’s tags under this section shall be ex-
empt 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.
(3)(A) Except as provided in subdivision (f)(3)(B)
of this section, all fees collected by the director
15227-14-1705 TRANSPORTATION
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.
(B) The amount in excess of the first three
dollars ($3.00) of the fee collected under subdivi-
sion (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.
(g)(1) For each temporary preprinted paper buy-
er’s tag provided to a buyer, the issuer shall retain
documentation containing:
(A) The dealer’s name and master license plate
number;
(B) The buyer’s name;
(C) The date the temporary preprinted paper
buyer’s tag was issued;
(D) The vehicle’s vehicle identification number;
(E) The make and model of the vehicle; and
(F) The expiration date of the temporary pre-
printed paper buyer’s tag.
(2) An issuer of preprinted paper buyer’s tags
shall provide the documentation required to be re-
tained 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.
(h)(1)(A) In addition to any other penalty pre-
scribed by this section, the director may suspend
or terminate a dealer’s authority to issue tempo-
rary preprinted paper buyer’s tags if the director
determines that the dealer, manager, salesperson,
or employee of the dealer:
(i) Issues more than one (1) temporary pre-
printed 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 buy-
er’s tag for any use other than a use authorized by
subsections (b) and (d) of this section.
(B) In addition to any other penalty prescribed
by this section, if the director determines that the
dealer, or a manager, salesperson, or employee of
the dealer, has violated this subsection, the direc-
tor may impose a penalty equal to ten dollars
($10.00) for each inappropriately issued tempo-
rary preprinted paper buyer’s tag.
(2) The director shall:
(A) Notify the dealer in writing of the imposi-
tion of a penalty or of a suspension or termination
of the dealer’s authority to issue temporary pre-
printed 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 pre-
printed paper buyer’s tags may be suspended for:
(A) Six (6) months for the first occurrence un-
der subdivision (h)(1) of this section; or
(B) One (1) year for the second occurrence un-
der subdivision (h)(1) of this section.
(4) The dealer’s authority to issue temporary pre-
printed 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 tem-
porary tags under this section, shall notify the
director 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 director
shall schedule a hearing in an office of the Rev-
enue Division of the Department of Finance and
Administration in the county of the dealer’s prin-
cipal place of business, unless the director and the
dealer agree to another location for the hearing or
agree that the hearing shall be held by telephone.
(C) Hearings conducted under this section shall
be subject to the Arkansas Administrative Proce-
dure Act, § 25-15-201 et seq.
(D) 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 tem-
porary preprinted paper buyer’s tags based upon
the evidence presented at the hearing and shall
serve a copy of the decision on the dealer.
(6)(A) If the decision sustains, in whole or in part,
the suspension or termination of the dealer’s au-
thority to issue temporary preprinted paper buy-
er’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 director.
(C) The appeal shall not stay the order of sus-
pension or termination, and the order shall re-
main in effect and be terminated only in the event
a decision reversing the suspension or termina-
tion is issued by the circuit court.
(7) An appeal from the circuit court shall be in
accordance with the laws governing appeals.
(i)(1) Any dealer or approved vendor or any man-
ager, salesperson, or employee of the dealer or ven-
dor 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:
(A) Two hundred fifty dollars ($250) for the first
offense;
(B) Five hundred dollars ($500) for the second
offense; and
(C) 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
153 27-14-1705UNIFORM MOTOR VEHICLE ADMINISTRATION
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:
(A) Two hundred fifty dollars ($250) for the first
offense;
(B) Five hundred dollars ($500) for the second
offense; and
(C) One thousand dollars ($1,000) for the third
and subsequent offenses.
(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.
27-14-1706. Vehicles provided for purposes of
demonstration or for repair customers.
(a) 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.
(b)(1)(A) 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.
(B)(i) A licensed dealer who issues a temporary
preprinted paper buyer’s tag to a prospective
buyer or customer shall place the preprinted pa-
per tag at the location provided for the permanent
motor vehicle license plate.
(ii) 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 pre-
printed paper tag that shall expire on the expira-
tion date of the original buyer’s tag.
(C) A licensed dealer that issues a preprinted
paper tag shall provide any required documenta-
tion to the Office of Motor Vehicle on the date of
the transaction for entry into the vehicle tempo-
rary tag database provided for in § 27-14-1708.
(D) The office shall provide the specifications,
form, and color of the temporary preprinted paper
tag.
(2)(A) 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.
(B) This sheet shall be maintained in the ve-
hicle for the duration of time in which the prospec-
tive buyer or customer has possession of the
vehicle.
(3) 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.
(c)(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:
(A) The year, make, and model of the vehicle;
(B) The vehicle identification number;
(C) The prospective buyer’s or customer’s
name;
(D) The time and date that the temporary pre-
printed paper tag or information sheet was issued
to the prospective buyer or customer;
(E) The reason the vehicle was furnished to the
prospective buyer or customer; and
(F) The length of time the prospective buyer or
customer may retain the vehicle.
(2)(A) The Director of the Department of Finance
and Administration shall provide the specifica-
tions, form, and color of the information sheet to
be used by dealers under this subsection.
(B) Information sheets retained by the dealer
under this subsection are subject to examination
by the director at any reasonable time.
(d)(1) A temporary preprinted paper buyer’s tag
or information sheet is not required if the prospec-
tive 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 un-
registered vehicle in the manner provided in this
subsection.
(2) A dealer may issue temporary preprinted pa-
per buyer’s tags or use a dealer information sheet for
the following purposes:
(A) To demonstrate or allow a prospective buyer
to test drive a vehicle for a period not to exceed
seventy-two (72) hours;
(B) 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;
(C) For transporting a vehicle not to exceed
seventy-two (72) hours; or
(D) To test drive a vehicle to check its mechani-
cal condition for a period not to exceed seventy-
two (72) hours.
15427-14-1706 TRANSPORTATION
(3) The director 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 Adminis-
tration.
(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.
(e) 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.
27-14-1707. Authority to promulgate rules.
In addition to the authority provided in § 27-14-
403, the Director 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.
27-14-1708. Temporary tag database.
(a) There is created a vehicle temporary tag da-
tabase within the Revenue Division of the Depart-
ment of Finance and Administration to develop,
establish, and maintain a database of information to
verify compliance with the unregistered motor ve-
hicle preprinted paper buyer’s tag laws of Arkansas
in this chapter.
(b)(1) The vehicle temporary tag database shall
be administered by the division with the assistance
of the Department of Information Systems or other
designated agent with whom the division may con-
tract to supply technical database and data process-
ing expertise.
(2) The vehicle temporary tag database shall be
developed and maintained in accordance with guide-
lines established by the division so that state and
local law enforcement agencies can access the ve-
hicle temporary tag database to determine compli-
ance with the sale, licensing, and registration of
motor vehicles, as required by law.
(c) The division shall have the authority to enter
into or to make agreements, arrangements, or dec-
larations necessary to carry out the provisions of
this section.
(d)(1) Upon request, the division may release in-
formation in the vehicle temporary tag database to:
(A) The owner to whom the temporary tag was
issued;
(B) 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
(C) 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 tempo-
rary tag database is confidential and is not subject to
examination or disclosure as public information un-
der the Freedom of Information Act of 1967, § 25-
19-101 et seq.
(e) The division 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 accor-
dance with the vehicle temporary tag database.
History. Acts 2009, No. 484, § 7.
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.
S
UBCHAPTER 18 — VEHICLES IN TRANSIT TO
DEALERS
SECTION
.
27-14-1801
. Penalty.
27-14-1802
. Construction.
27-14-1803
. Applicability.
27-14-1804
. Nonapplicable if regular plates used.
27-14-1805
. Use of “IN TRANSIT” placards.
27-14-1806
. Metal transporter plate.
27-14-1807
. Disposition of fees.
27-14-1808
. Rules and regulations.
27-14-1801. Penalty.
(a) It shall be unlawful for any person to display a
placard except as provided in this subchapter.
(b) 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 of-
fense;
(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.
155 27-14-1801UNIFORM MOTOR VEHICLE ADMINISTRATION
27-14-1802. Construction.
This subchapter shall be construed to be cumula-
tive 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.
(a) This subchapter shall apply to all motor ve-
hicles 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.
(b) 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 Director 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.
27-14-1805. Use of “IN TRANSIT” placards.
(a)(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 at-
tached, if they display, on the rear, a placard issued
by the Director 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
director or his or her agent.
(2) The letters and figures shall be of such size
and type to meet the requirements of the director.
(b)(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 director before
issuance of the placard.
(c)(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.
27-14-1806. Metal transporter plate.
(a)(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 Director of the Department of Finance
and Administration.
(2) This metal plate shall not expire until Decem-
ber 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.
(b)(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.
27-14-1807. Disposition of fees.
All fees collected under the provisions of this
subchapter shall be deposited into the State Trea-
sury as special revenues, and the net amount
thereof shall be credited to the Department of Ar-
kansas 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.
27-14-1808. Rules and regulations.
The Director of the Department of Finance and
Administration is authorized to promulgate such
rules and regulations 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.
S
UBCHAPTER 19 — TRANSPORTING OF MOTOR
HOMES BY MANUFACTURERS
SECTION
.
27-14-1901
. Definition.
27-14-1902
. Application for license.
27-14-1903
. Fees.
27-14-1904
. Design of plates.
27-14-1905
. Rules and regulations.
15627-14-1802 TRANSPORTATION
27-14-1901. Definition.
As used in this subchapter, “manufacturer” means
any person, firm, or corporation engaged in manu-
facturing 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.
(a)(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 trans-
porting the manufacturers’ motor homes on the
public highways and streets of this state from the
manufacturer to a distributor or from the manufac-
turer to a dealer or from the manufacturer to a
consumer.
(2) All applications for manufacturers’ master li-
cense plates shall be made to the Office of Motor
Vehicle.
(b) Both manufacturers’ master license plates
and manufacturers’ extra plates shall expire annu-
ally 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.
(a) There shall be paid a fee of ninety-eight dol-
lars ($98.00) for a manufacturers’ master license
plate and a fee of thirteen dollars ($13.00) for each
additional manufacturers’ extra plate.
(b) The fees for the manufacturers’ master license
plate and manufacturers’ extra license plates pro-
vided 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 Director
of the Department of Finance and Administration.
History. Acts 1973, No. 503, § 3; A.S.A. 1947, § 75-292.2.
27-14-1905. Rules and regulations.
The Director of the Department of Finance and
Administration is authorized to promulgate rules
and regulations consistent with the provisions of
this subchapter.
History. Acts 1973, No. 503, § 4; A.S.A. 1947, § 75-292.3.
S
UBCHAPTER 20 — LICENSING OF DEALERS
AND
WRECKERS
SECTION
.
27-14-2001
. License required.
27-14-2002
. Issuance of license certificate.
27-14-2003
. Records to be maintained.
27-14-2001. License required.
(a) 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 semi-
trailers, 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.
(b)(1) Application for a dealer’s or wrecker’s li-
cense shall be made upon the form prescribed by the
office and shall contain the name and address of the
applicant.
(2)(A) When the applicant is a partnership, the
name and address of each partner shall be set
forth.
(B) 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.
(3) 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 corpora-
tion, then by a partner or officer thereof.
(4) 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.
(a)(1) The Office of Motor Vehicle, upon receiving
application accompanied by the required fee and
when satisfied that the applicant is of good charac-
ter 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 applica-
tion and payment of the fee required by law.
(b) 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
157 27-14-2002UNIFORM MOTOR VEHICLE ADMINISTRATION
to comply with the provisions of this chapter or that
a license has been fraudulently procured or errone-
ously issued.
(c) 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.
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 identify-
ing 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 en-
gine 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 dis-
posed 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.
S
UBCHAPTER 21 — DRIVE-OUT TAGS
SECTION
.
27-14-2101
. Provisions supplemental.
27-14-2102
. Issuance authorized.
27-14-2103
. Validity period.
27-14-2104
. Fee — Disposition.
27-14-2105
. Rules and regulations.
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 Director 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 non-
resident 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.
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.
(a) Drive-out tags shall be issued for a fee of two
dollars ($2.00) per tag.
(b) 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 and regulations.
The Director of the Department of Finance and
Administration is authorized to promulgate such
rules and regulations 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.
S
UBCHAPTER 22 — THEFT OF VEHICLES AND
PARTS
SECTION
.
27-14-2201, 27-14-2202
. [Repealed.]
27-14-2203
. [Repealed.]
27-14-2204
. Reports to office by owners or lienholders.
27-14-2205
. Processing of reports by office — Lists.
27-14-2206
. Report of vehicle left in storage or parked over thirty
days.
27-14-2207
. Unlawful taking of vehicle.
27-14-2208, 27-14-2209
. [Repealed.]
27-14-2210
. Vehicles or engines without manufacturer’s numbers.
27-14-2211
. Altering or changing engine or other numbers.
27-14-2212
. Mutilation of serial numbers.
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:
27-14-2203. [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.
(a) The owner of or person having a lien or en-
cumbrance 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
15827-14-2003 TRANSPORTATION
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 embezzle-
ment.
(b) 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.
(a) 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 em-
bezzled vehicle until such time as the office is
notified in writing that the stolen or embezzled
vehicle has been recovered.
(b) 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.
(a)(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.
(b) Nothing in this section shall apply when ar-
rangements 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.
(c)(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 of-
fense.
History. Acts 1969, No. 380, § 4; A.S.A. 1947, § 75-167.4.
27-14-2207. Unlawful taking of vehicle.
(a) 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.
(b) 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.
(c) Any person who assists in, or is a party or
accessory to or an accomplice in any such unauthor-
ized taking or driving, is guilty of a misdemeanor.
History. Acts 1949, No. 142, § 70; A.S.A. 1947, § 75-170.
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.
(a) 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 misrep-
resenting the identity of the motor vehicle or engine
is guilty of a misdemeanor.
(b) Any person who pleads guilty or nolo conten-
dere 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.
27-14-2211. Altering or changing engine or
other numbers.
(a)(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.
159 27-14-2211UNIFORM MOTOR VEHICLE ADMINISTRATION
(b) 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 manufac-
turer from placing, in the ordinary course of busi-
ness, 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.
27-14-2212. Mutilation of serial numbers.
(a)(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 acces-
sories 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.
(b) Any person convicted of violating subsection
(a) of this section shall be deemed guilty of a felony
and punished by imprisonment in the Department
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.
S
UBCHAPTER 23 — DISCLOSURE OF DAMAGE
AND
REPAIR ON THE CERTIFICATE OF TITLE
SECTION
.
27-14-2301
. Definitions.
27-14-2302
. Issuance of damage certificate.
27-14-2303
. Disclosure requirements.
27-14-2304
. Violations — Penalties.
27-14-2305
. Brand on motor vehicle title.
27-14-2306
. Exemption from sales or use tax.
27-14-2307
. Rules and regulations.
27-14-2308
. Alternative procedure to obtain title for a total loss
settlement.
27-14-2301. Definitions.
As used in this subchapter:
(1)(A) “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.
(B) Persons or businesses that operate as sal-
vage vehicle pools or salvage vehicle auctions are
not dealers under this subchapter when selling
vehicle parts to a dealer;
(2) “Motor vehicle” means every self-propelled ve-
hicle 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;
(3)(A) “Occurrence” means the event that caused
the motor vehicle to become damaged.
(B) “Occurrence” includes without limitation
collision, theft, vandalism, storm, or flood;
(4) “Office of Motor Vehicle” or “office” means the
Office of Motor Vehicle of the Revenue Division of
the Department of Finance and Administration;
(5) “Owner” means an individual, insurance com-
pany, or other entity with legal title to the motor
vehicle;
(6) “Salvage vehicle” means a motor vehicle that
is:
(A) Water-damaged; or
(B) 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
(7) “Water-damaged” means damage to a motor
vehicle caused by submerging or partially submerg-
ing the motor vehicle in water to the extent that the
motor vehicle was submerged or partially sub-
merged at any water level above the dashboard of
the motor vehicle, regardless of the actual dollar
amount of the damage.
History. Acts 1993, No. 614, § 1; 2007, No. 410, § 1.
27-14-2302. Issuance of damage certificate.
(a)(1)(A) When an insurer acquires the ownership
of a salvage vehicle for which a salvage vehicle
title has not been issued, the insurer shall surren-
der 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.
(B) 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 ve-
hicle to the office in exchange for a salvage certifi-
cate of title or a parts-only title.
(2)(A) If a motor vehicle becomes a salvage ve-
hicle and an insurer indemnifies under the insur-
ance 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.
(B) 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.
(C) The note or stamp shall state that the
motor vehicle is a salvage vehicle and shall re-
16027-14-2212 TRANSPORTATION
main 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.
(3)(A) 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.
(B) 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.
(b) 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.
(c)(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”, “recon-
structed”, “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 subsec-
tion (b) or subsection (e) of this section.
(2)(A) 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”, “non-
repairable”, or similar classification, it being the
intent of this section that any motor vehicle dam-
aged 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.
(B)(i) An Arkansas title may be issued only if
the state that placed the designation on the cer-
tificate of title or issued the junking certificate
removes the designation or cancels the junking
certificate and replaces it with a certificate of title.
(ii) The designation placed on the certificate of
title or issuance of junking certificate may be
modified or removed only by that state.
(iii) A court of this state shall not have jurisdic-
tion to change or modify the designation or finding
of another state issuing a certificate of title or the
junking certificate.
(d)(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 re-
pairs performed, listing all parts replaced, and in-
cluding the vehicle identification number of any
parts bearing such a number or a derivative thereof.
(e)(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 sub-
section (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.
(f) 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.
(g)(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 sur-
render 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.
(h)(1) The office may issue a “parts only” title to
the owner of a salvage vehicle under the following
conditions:
(A) The owner of the salvage vehicle decides
that the salvage vehicle has no resale value except
as a source for parts or scrap; and
(B) The owner surrenders the current certifi-
cate of title to the salvage vehicle to the office.
(2) An owner under this subsection may be an
insurer that owns the salvage vehicle.
(3)(A) The salvage vehicle shall be dismantled for
parts or scrap and issued a “parts only” title in the
State of Arkansas.
(B) 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 recon-
structed.
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.
27-14-2303. Disclosure requirements.
(a)(1) When any dealer in this state offers for sale
a motor vehicle which carries a title branded pursu-
161 27-14-2303UNIFORM MOTOR VEHICLE ADMINISTRATION
ant 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 notifica-
tion form to be prescribed by the Consumer Protec-
tion Division of the Office of the Attorney General.
(3)(A) 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.
(B) 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.
(b)(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 notifica-
tion form to be prescribed by the division.
(c)(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 com-
pleting a sales transaction on a motor vehicle that
carries a branded title.
(2) The seller shall retain a copy of the signed
notification form.
(d)(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 transac-
tion.
(3) The buyer’s right to render voidable the pur-
chase 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.
27-14-2304. Violations — Penalties.
(a) 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.
(b) Any dealer who pleads guilty or nolo conten-
dere 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.
(c) 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.
(a) 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.
(b) 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.
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.
27-14-2307. Rules and regulations.
The Director of the Department of Finance and
Administration shall promulgate necessary rules
and regulations for the proper enforcement and
administration of this subchapter.
History. Acts 1993, No. 614, § 7.
27-14-2308. Alternative procedure to obtain
title for a total loss settlement.
(a) If an insurance company makes a total loss
settlement on a motor vehicle, the owner or lien-
holder of the motor vehicle shall forward the prop-
erly endorsed certificate of title to the insurance
company within fifteen (15) days after receipt of the
settlement funds.
16227-14-2304 TRANSPORTATION
(b)(1) If an insurance company is unable to obtain
the properly endorsed certificate of title within
thirty (30) days after disbursing a total loss settle-
ment 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:
(A) Be submitted on each form required by and
provided by the office;
(B) Document that the insurance company has
made at least two (2) written attempts to obtain
the certificate of title and include the documenta-
tion with the request;
(C) Include any fees applicable to the issuance
of a salvage certificate of title or a parts-only
certificate of title; and
(D) Be signed under penalty of perjury.
(c)(1) If an insurance company is unable to obtain
the properly endorsed certificate of title within
thirty (30) days after disbursing a total loss settle-
ment 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:
(A) Submitted with a request for a salvage
certificate of title or a parts-only certificate of title
for the motor vehicle; and
(B) In addition to the requirements under sub-
division (b)(2) of this section.
(d) Upon receipt of a properly endorsed certificate
of title or a properly executed request under subsec-
tion (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.
(e) The office may promulgate rules and forms for
the administration of this section.
History. Acts 2011, No. 285, § 1.
S
UBCHAPTER 24 — TEMPORARY
REGISTRATION EXEMPTION
SECTION
.
27-14-2401 — 27-14-2404
. [Repealed.]
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
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. HANDICAPPED PERSONS GENERALLY [REPEALED.]
3
. ACCESS TO PARKING FOR PERSONS WITH DISABILITIES ACT.
4. DISABLED VETERANS — IN GENERAL [REPEALED.]
5
. DISABLED VETERANS — LICENSE FOR FURNISHED AUTOMOBILES
[REPEALED.]
6
. DISABLED VETERANS — WORLD WAR I [REPEALED.]
7
. DISABLED VETERANS — NONSERVICE INJURIES [REPEALED.]
8
. MEDAL OF HONOR RECIPIENTS [REPEALED.]
9
. PURPLE HEART RECIPIENTS [REPEALED.]
10
. EX-PRISONERS OF WAR [REPEALED.]
11
. MILITARY RESERVE [REPEALED.]
12
. UNITED STATES ARMED FORCES RETIRED [REPEALED.]
13
. PUBLIC USE VEHICLES — LOCAL GOVERNMENT [REPEALED.]
14
. PUBLIC USE VEHICLES — STATE GOVERNMENT [REPEALED.]
15
. PUBLIC USE VEHICLES — FEDERAL GOVERNMENT [REPEALED.]
16
. MEMBERS OF GENERAL ASSEMBLY [REPEALED.]
17
. GAME AND FISH COMMISSION [REPEALED.]
18
. VOLUNTEER RESCUE SQUADS [REPEALED.]
19
. RELIGIOUS ORGANIZATIONS [REPEALED.]
20
. YOUTH GROUPS [REPEALED.]
21
. ORPHANAGES [REPEALED.]
22
. HISTORIC OR SPECIAL INTEREST VEHICLES.
23. ANTIQUE MOTORCYCLES.
24. AMATEUR RADIO OPERATORS.
25. PEARL HARBOR SURVIVORS [REPEALED.]
26
. MERCHANT MARINE [REPEALED.]
27
. FIREFIGHTERS [REPEALED.]
28
. SPECIAL LICENSE PLATES FOR COUNTY QUORUM COURT MEMBERS
[REPEALED.]
29
. SPECIAL COLLEGIATE LICENSE PLATES [REPEALED.]
30
. SPECIAL CIVIL AIR PATROL LICENSE PLATES [REPEALED.]
31
. SPECIAL SEARCH-AND-RESCUE LICENSE PLATES.
32. DUCKS UNLIMITED [REPEALED.]
33
. WORLD WAR II VETERANS, KOREAN WAR VETERANS, VIETNAM
VETERANS, AND PERSIAN GULF VETERANS [REPEALED.]
34
. ADDITIONAL GAME AND FISH COMMISSION PLATES [REPEALED.]
35
. COMMITTED TO EDUCATION LICENSE PLATES [REPEALED.]
36
. ARMED FORCES VETERAN LICENSE PLATES [REPEALED.]
37
. SPECIAL RETIRED ARKANSAS STATE TROOPER LICENSE PLATES [RE-
PEALED.]
38
. DISTINGUISHED FLYING CROSS [REPEALED.]
39
. CHOOSE LIFE LICENSE PLATE [REPEALED.]
40
. MISCELLANEOUS.
41. SUSAN G. KOMEN BREAST CANCER EDUCATION, RESEARCH, AND
AWARENESS LICENSE PLATE [REPEALED.]
42
. DIVISION OF AGRICULTURE LICENSE PLATE [REPEALED.]
43
. CONSTITUTIONAL OFFICER LICENSE PLATE [REPEALED.]
44
. AFRICAN-AMERICAN FRATERNITY AND SORORITY LICENSE PLATE [RE-
PEALED.]
45
. BOY SCOUTS OF AMERICA LICENSE PLATE [REPEALED.]
46
. ARKANSAS CATTLEMEN’S FOUNDATION LICENSE PLATE [REPEALED.]
47
. ORGAN DONOR AWARENESS LICENSE PLATE [REPEALED.]
48
. OPERATION IRAQI FREEDOM VETERAN LICENSE PLATE [REPEALED.]
49
. IN GOD WE TRUST LICENSE PLATE.
50. OPERATION ENDURING FREEDOM VETERAN LICENSE PLATE [RE-
PEALED.]
51
. ARKANSAS STATE GOLF ASSOCIATION LICENSE PLATE.
52.
A
RKANSAS
F
ALLEN
F
IREFIGHTERS
’ M
EMORIAL
S
PECIAL
L
ICENSE
P
LATE
.
53. REALTORS LICENSE PLATE [REPEALED.]
S
UBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-15-101
. Decal for deaf persons.
163 27-14-2404REGISTRATION AND LICENSING — SPECIAL USES
SECTION.
27-15-102
. [Repealed.]
27-15-101. Decal for deaf persons.
(a) The Department of Finance and Administra-
tion 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 per-
son’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 Stan-
dardization.
(b) The department shall design a decal to indi-
cate that the operator of the motor vehicle may be
deaf.
(c) 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.
S
UBCHAPTER 2 — HANDICAPPED PERSONS
GENERALLY [REPEALED]
SECTION.
27-15-201 — 27-15-203
. [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.
S
UBCHAPTER 3 — ACCESS TO PARKING FOR
PERSONS WITH DISABILITIES ACT
SECTION
.
27-15-301
. Title.
27-15-302
. Definitions.
27-15-303
. Applicability.
27-15-304
. Temporary special certificate.
27-15-305
. Penalties. [Effective until January 1, 2019.]
27-15-305
. Penalties. [Effective January 1, 2019.]
27-15-306
. Enforcement.
27-15-307
. Administration.
27-15-308
. Special license plates and certificates.
27-15-309
. [Repealed.]
27-15-310
. Display of special license plate or certificate.
27-15-311
. Reciprocity.
27-15-312
. Parking privileges — Exceptions.
27-15-313
. [Repealed.]
27-15-314
. Parking spaces by private agencies.
27-15-315
. Signs regulatory in nature. [Effective until January 1,
2019.]
SECTION.
27-15-315
. Signs regulatory in nature. [Effective January 1, 2019.]
27-15-316
. Disabled veterans.
27-15-317
. Reporting misuse.
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, con-
structed, and marked for access by a mobility-im-
paired person, a striped or marked passenger load-
ing and unloading area, or a striped access area
adjacent to a parking space designed and marked for
access by mobility-impaired or sight-impaired per-
sons;
(2) “Office” means the Office of Motor Vehicle;
(3)(A) “Permanent disability” means a medically
determined condition that is continuous without
the possibility of improvement and that substan-
tially impacts a person’s mobility.
(B) “Permanent disability” includes:
(i) A spinal cord injury;
(ii) A genetic ambulatory disorder;
(iii) An amputation;
(iv) Spina bifida;
(v) Multiple sclerosis;
(vi) Chronic heart disease; or
(vii) Any other medically determined perma-
nent condition that substantially impacts a per-
son’s mobility;
(4) “Person with a disability” means any indi-
vidual who, as determined by a licensed physician:
(A) Cannot walk one hundred feet (100') with-
out stopping to rest;
(B) Cannot walk without the use of, or assis-
tance from, a brace, cane, crutch, another person,
prosthetic device, wheelchair, or other assistive
device;
(C) Is restricted by lung disease to such an
extent that the person’s forced respiratory expira-
tory 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 millime-
ters of mercury (60 mmHg) on room air at rest;
(D) Uses portable oxygen; or
(E) 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;
(5) “Private agency” means any person, firm, as-
sociation, organization, or entity, other than a public
agency doing business with or providing accommo-
dations for the public, whose customary and normal
operations include the providing of parking spaces
16427-15-101 TRANSPORTATION
as a means of accommodating the general public or
a select clientele or membership;
(6) “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
(7) “Van-accessible parking decal” means:
(A) A designated special decal to be affixed to a
special license plate, special certificate, or tempo-
rary special certificate and displayed on a vehicle
that is:
(i) Used to transport a person who has limited
or no use of his or her legs; and
(ii) Used to transport a wheelchair, a three-
wheeled or four-wheeled scooter, a four-wheeled
walker with a seat, or a similar device; and
(B) 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.
27-15-303. Applicability.
(a) 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.
(b) 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 certifi-
cate.
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.
(a)(1) A person with a disability, which, as deter-
mined 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 certifi-
cate, which may include an additional van-acces-
sible 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.
(b) The temporary special certificate shall con-
form in size, color, and construction as may be
specified by federal rules issued by the Secretary of
Transportation, pursuant to Pub. L. No. 100-641.
(c) When the temporary special certificate is dis-
played on the inside rearview mirror, or the dash-
board 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).
(d) The temporary special certificate shall be is-
sued 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.
27-15-305. Penalties. [Effective until January
1, 2019.]
(a) 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.
(b)(1) Any vehicle found to be parked in an area
designated for the exclusive use of any person with a
disability, including the access aisle, as provided in
this subchapter, on which is not displayed a special
license plate, a special certificate, or an official
designation of another state as authorized in this
subchapter or which is found to be parked in an area
designated for the exclusive use of any person with a
disability, if operated by a person who is not a person
with a disability while not being used for the actual
transporting of a person with a disability shall be
subject to impoundment by the appropriate law
enforcement agency.
(2) In addition thereto, the owner of the vehicle
shall upon conviction be subject to a fine of not less
than one hundred dollars ($100) nor more than five
hundred dollars ($500) for the first offense and not
less than two hundred fifty dollars ($250) 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.
(3)(A) Upon the second or subsequent conviction,
the court shall suspend the driver’s license for up
to six (6) months.
(B) The driver may apply to the Office of Driver
Services for a restricted license during the period
of suspension. The office shall determine the con-
ditions of the restricted license or may deny the
request for a restricted license after reviewing the
driving record and circumstances of the driver.
165 27-15-305REGISTRATION AND LICENSING — SPECIAL USES
(c)(1) Thirty percent (30%) of all fines collected
under this section in district court or city court shall
be for the purpose of funding activities of the Gov-
ernor’s Commission on People with Disabilities and
shall be collected and 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 section, for deposit into a
special fund established and maintained by the
Treasurer of State.
(2) Seventy percent (70%) of the fines collected in
district court or city 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, 42 U.S.C. 12101 et seq.
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.
27-15-305. Penalties. [Effective January 1,
2019.]
(a) 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.
(b)(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:
(A) Does not display a special license plate,
special certificate, van-accessible parking decal, or
similar official designation of another state autho-
rized in this subchapter; or
(B) Displays a special license plate, special cer-
tificate, van-accessible parking decal, or similar
official designation of another state authorized in
this subchapter but is operated by a person who is
not:
(i) A person with a disability who is authorized
to park in the designated area; or
(ii) Transporting a person with a disability who
is authorized to park in the designated area.
(2)(A) 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.
(B) 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 pro-
mote awareness of the need for compliance with
parking and related public accommodation re-
quirements under the Americans with Disabilities
Act of 1990, Pub. L. No. 101-336.
(3)(A) Upon the second or subsequent conviction,
the court shall suspend the driver’s license for up
to six (6) months.
(B) 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 circum-
stances of the driver.
(c)(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 Administra-
tion of Justice Funds Section on a form provided by
the section, for deposit into the Governor’s Commis-
sion on People with Disabilities Fund to be used as
follows:
(A) Thirty percent (30%) for scholarship
awards to persons with disabilities; and
(B) Twenty percent (20%) towards educating
the public about accessible parking, including
without limitation:
(i) Public awareness campaigns;
(ii) Public service announcements;
(iii) Distribution of pamphlets; or
(iv) 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 ex-
penses 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.
27-15-306. Enforcement.
(a) 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 subchap-
ter with respect to accessible parking for a person
with a disability.
(b) Any law enforcement officer in this state may
enter upon the parking space, parking lot, or park-
ing facility of any private agency in this state for the
purpose of enforcing the provisions of this subchap-
16627-15-305 TRANSPORTATION
ter 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.
27-15-307. Administration.
The Office of Motor Vehicle shall:
(1) Develop an appropriate form, including provi-
sion 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 provi-
sions 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 infor-
mation 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 num-
ber of special license plates and special certificates
issued and in inventory;
(6) Enter into the permanent record of each ap-
plicant the special license number or special certifi-
cate 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:
(A) Obtain information to determine the eligibil-
ity of an applicant for a van-accessible parking
decal; and
(B) 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.
27-15-308. Special license plates and certifi-
cates.
(a)(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.
(2)(A) 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:
(i) Applying for the special license plate; or
(ii) Being transported by the vehicle for which
the special license plate is issued.
(B) The photo identification card issued under
this subsection shall be carried on the person for
verification of identity.
(C) 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.
(3)(A) An owner of a motor vehicle that is issued a
special license plate under this section shall sub-
mit 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.
(B) The photo identification card required in
this subsection must be renewed every four (4)
years.
(4)(A) An organization that owns or leases a mo-
tor vehicle described in § 27-15-303 that is used
in the business of transporting persons with dis-
abilities 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.
(B) The requirements of a photo identification
card and physician recertification in this subsec-
tion shall not apply to an applicant in the business
of transporting persons with disabilities as de-
scribed in this subsection.
(b)(1) The special license plate issued by the office
shall contain the international symbol of access.
(2) The special license plate shall be issued at no
additional charge.
(c)(1) A person with a disability may apply to the
office for a special person-with-a-disability certifi-
167 27-15-308REGISTRATION AND LICENSING — SPECIAL USES
cate, subject to the photo identification card require-
ments 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 pro-
vided 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.
(5)(A) If a person to whom a special certificate or
license plate has been issued moves to another
state, the person shall surrender the special cer-
tificate or plate to the office.
(B) 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.
(6)(A) 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.
(B) 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.
(C) 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.
(D) The transaction fee shall not be considered
or credited to the division as direct revenue.
(d)(1) In lieu of the photo identification card is-
sued 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 endorse-
ment 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 identifica-
tion 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 is-
sued under this section.
(3)(A) The office shall not charge an additional fee
for adding the endorsement on a currently issued
driver’s license or identification card.
(B) 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 issu-
ance of a driver’s license or identification card and
shall not pay an additional fee for the endorse-
ment.
(e)(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 facili-
ties, including without limitation:
(A) A licensed nursing home;
(B) A licensed residential care facility; or
(C) A licensed assisted living facility.
(f)(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 certifi-
cate, 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 re-
quired 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.
27-15-309. [Repealed.]
Publisher’s Notes. This section, concerning decals, was re-
pealed 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.
(a) 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.
(b) 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.
(c) No vehicle shall display a special license plate
with a van-accessible parking decal or a special
certificate with a van-accessible parking decal un-
less the vehicle is being used for the purpose of
transporting the person with a disability for whom
the van-accessible parking decal was issued.
16827-15-309 TRANSPORTATION
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.
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 subchap-
ter 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 Sec-
retary 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.
27-15-312. Parking privileges — Exceptions.
(a)(1) A vehicle displaying a van-accessible park-
ing 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.
(2)(A) 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:
(i) 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
(ii) Displays a van-accessible parking decal.
(B) 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.
(b)(1) The provisions of this subchapter pertain-
ing to parking privileges for persons with disabili-
ties shall supersede any local ordinances where they
conflict.
(2) However, any county or municipality may en-
act 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:
(A) To zones where stopping, standing, or park-
ing is prohibited for all vehicles;
(B) To the prohibition of parking during heavy
traffic periods such as rush hours or where park-
ing would clearly present a traffic hazard for the
general public;
(C) To parking zones restricted as to the length
of parking time permitted;
(D) To zones reserved for special types of ve-
hicles, except for those zones authorized for exclu-
sive use by emergency vehicles or ambulances, or
authorized as bus stop areas or loading zones; and
(E)(i) To any parking meter fees levied by any
local ordinances of any political subdivision in this
state.
(ii) Provided, any county or municipality may
by ordinance waive parking meter fees for a ve-
hicle displaying a special license plate or special
certificate and being used for the actual transport-
ing 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.
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 agen-
cies.
(a)(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 per-
sons with disabilities who have been issued a special
license plate or special certificate.
(2) Private businesses that provide parking ac-
cess intended for use by the public that are con-
structed after January 1, 1992, and private busi-
nesses 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 regulations 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 Secretary of
Transportation.
(b) 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.
27-15-315. Signs regulatory in nature. [Effec-
tive until January 1, 2019.]
(a) For the purposes of this subchapter and for
the purposes of enforcing any law of this state
relating to penalizing owners or operators of ve-
hicles who park vehicles in spaces designated for use
by persons with disabilities and whose vehicles do
not properly and legally display a special license
plate or a special certificate provided under this
subchapter, it shall be presumed that the identifica-
169 27-15-315REGISTRATION AND LICENSING — SPECIAL USES
tion of areas designated for use by persons with
disabilities is regulatory in nature and that the
identified areas are intended for exclusive use by
persons with disabilities whose vehicles are properly
identified and that penalties should be imposed on
the owner or operator of a vehicle parked in those
areas whose vehicle is not properly identified.
(b)(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:
(A) 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;
(B) A sign that states any of the following:
(i) “Disabled Parking”;
(ii) “Van Accessible”;
(iii) “Handicapped Parking”;
(iv) “Reserved for Handicapped”;
(v) “Reserved Parking” with the blue and white
international symbol of access; or
(vi) “Permit Required — Towing Enforced”; or
(C) 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 of the United States Department
of Transportation.
(2) Corresponding pavement markings of the blue
and white international symbol of access are pre-
ferred 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.
27-15-315. Signs regulatory in nature. [Effec-
tive January 1, 2019.]
(a) 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.
(b)(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:
(A) 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;
(B) A sign that states any of the following:
(i) “Disabled Parking”;
(ii) “Van Accessible”;
(iii) “Handicapped Parking”;
(iv) “Reserved for Handicapped”;
(v) “Reserved Parking” with the blue and white
international symbol of access; or
(vi) “Permit Required — Towing Enforced”; or
(C) 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 of the United States Department
of Transportation.
(2) Corresponding pavement markings of the blue
and white international symbol of access are pre-
ferred 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.
27-15-316. Disabled veterans.
(a) 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.
(b) A vehicle that meets the following conditions
is permitted parking privileges in those areas des-
ignated for parking only by a person with a disabil-
ity 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 un-
der § 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.
27-15-317. Reporting misuse.
(a) 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 park-
ing by persons with disabilities.
(b) The office shall promulgate rules for the
proper implementation of this section.
17027-15-315 TRANSPORTATION
History. Acts 2017, No. 1003, § 1.
S
UBCHAPTER 4 — DISABLED VETERANS — IN
GENERAL [REPEALED]
SECTION.
27-15-401 — 27-15-408
. [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.
S
UBCHAPTER 5 — DISABLED VETERANS —
L
ICENSE FOR FURNISHED AUTOMOBILES
[REPEALED]
SECTION.
27-15-501 — 27-15-506
. [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.
S
UBCHAPTER 6 — DISABLED VETERANS —
W
ORLD WAR I [REPEALED]
SECTION.
27-15-601 — 27-15-603
. [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.
S
UBCHAPTER 7 — DISABLED VETERANS —
N
ONSERVICE INJURIES [REPEALED]
SECTION.
27-15-701, 27-15-702
. [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.
S
UBCHAPTER 8 — MEDAL OF HONOR
RECIPIENTS [REPEALED]
SECTION.
27-15-801 — 27-15-807
. [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.
S
UBCHAPTER 9 — PURPLE HEART
RECIPIENTS [REPEALED]
SECTION.
27-15-901 — 27-15-903
. [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.
S
UBCHAPTER 10 — EX-PRISONERS OF WAR
[REPEALED]
SECTION.
27-15-1001 — 27-15-1007
. [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.
171 27-15-1007REGISTRATION AND LICENSING — SPECIAL USES
SUBCHAPTER 11 — MILITARY RESERVE
[REPEALED]
SECTION.
27-15-1101 — 27-15-1107
. [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.
S
UBCHAPTER 12 — UNITED STATES ARMED
FORCES RETIRED [REPEALED]
SECTION.
27-15-1201 — 27-15-1204
. [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.
S
UBCHAPTER 13 — PUBLIC USE VEHICLES —
L
OCAL GOVERNMENT [REPEALED]
SECTION.
27-15-1301 — 27-15-1303
. [Repealed.]
27-15-1304
. [Repealed.]
27-15-1305
. [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.
S
UBCHAPTER 14 — PUBLIC USE VEHICLES —
S
TATE GOVERNMENT [REPEALED]
SECTION.
27-15-1401
. [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.
S
UBCHAPTER 15 — PUBLIC USE VEHICLES —
F
EDERAL GOVERNMENT [REPEALED]
SECTION.
27-15-1501
. [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.
S
UBCHAPTER 16 — MEMBERS OF GENERAL
ASSEMBLY [REPEALED]
SECTION.
27-15-1601 — 27-15-1606
. [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.
S
UBCHAPTER 17 — GAME AND FISH
COMMISSION [REPEALED]
SECTION.
27-15-1701 — 27-15-1703
. [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.
17227-15-1101 TRANSPORTATION
SUBCHAPTER 18 — VOLUNTEER RESCUE
SQUADS [REPEALED]
SECTION.
27-15-1801 — 27-15-1805
. [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.
S
UBCHAPTER 19 — RELIGIOUS
ORGANIZATIONS [REPEALED]
SECTION.
27-15-1901 — 27-15-1906
. [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.
S
UBCHAPTER 20 — YOUTH GROUPS
[REPEALED]
SECTION.
27-15-2001 — 27-15-2003
. [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.
S
UBCHAPTER 21 — ORPHANAGES [REPEALED]
SECTION.
27-15-2101
. [Repealed.]
27-15-2101. [Repealed.]
Publisher’s Notes. This subchapter was repealed by Acts 2005,
No. 2202, § 2. The subchapter was derived fromActs 1959, No. 122,
§§ 1, 2; A.S.A. 1947, §§ 75-277, 75-278.
S
UBCHAPTER 22 — HISTORIC OR SPECIAL
INTEREST VEHICLES
SECTION
.
27-15-2201
. Definitions.
27-15-2202
. Registration — Fee.
27-15-2203
. Affidavit — Vehicle restored to original specifications
required.
27-15-2204
. Assemblage of vehicle.
27-15-2205
. Equipment.
27-15-2206
. Limitations on use.
27-15-2207
. Storage regulation.
27-15-2208
. Sale or transfer.
27-15-2209
. Alternative license plates for antique motor vehicles.
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;
(2)(A) “Historic or special interest vehicle” means
a vehicle of age which is essentially unaltered
from the original manufacturer’s specifications
and which, because of its significance, is being
collected, preserved, restored, or maintained by a
hobbyist as a leisure pursuit.
(B) “Historic or special interest vehicle” shall
include a vehicle sometimes referred to by the
classifications of antique, horseless carriage, clas-
sic, or action era.
(C)(i) 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 characteris-
tic of the approximate era to which the vehicles
belong or if they could be considered to be in the
category of safety features.
(ii) Safety-related modifications include hy-
draulic brakes, sealed beam headlights, and seat
belts.
(iii) Accessories acceptable under such classifi-
cations are those available in the era to which the
vehicles belong; and
(3) “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 pre-
serve, 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.
27-15-2202. Registration — Fee.
(a)(1) Any person who is the owner of a historic or
special interest vehicle that is twenty-five (25) years
of age or older at the time of making application for
registration or transfer of title may, upon applica-
173 27-15-2202REGISTRATION AND LICENSING — SPECIAL USES
tion, register it as a historic or special interest
vehicle, upon the payment of a fee of seven dollars
($7.00) for each vehicle, and be furnished a license
plate of distinctive design to be displayed on each
vehicle in lieu of the usual license plate.
(2) This plate shall have the same legal signifi-
cance as an ordinary license plate.
(3) In addition to the identification number, this
plate shall identify the vehicle as a historic or
antique vehicle owned by an Arkansas collector.
(4) The registration shall be valid while the ve-
hicle is owned by the applicant without the payment
of any additional fee, tax, or license.
(b)(1) The numbering of these plates shall con-
tinue chronologically from the existing antique au-
tomobile 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.
(c) Upon selling or otherwise relinquishing own-
ership 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 pay-
ment of one-half (½) the fee prescribed in subsection
(a) of this section.
(d)(1) A 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 twenty-
five (25) years or more.
(2) The age shall be calculated from the date the
vehicle was originally assembled as a facsimile.
(e) Collectors who, on July 8, 1975, have vehicles
licensed as antiques under current statutes shall not
be required to register these vehicles or obtain new
license plates for these vehicles.
(f) Beginning on January 1, 2006, each collector
applying for a license plate under this subchapter
shall own and have registered one (1) or more motor
vehicles that he or she uses for regular transporta-
tion.
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.
27-15-2203. Affidavit — Vehicle restored to
original specifications required.
(a) 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 speci-
fications, except to the extent authorized or required
by law.
(b)(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.
(a)(1)(A) 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.
(B) In cases when that evidence by itself is
deemed inadequate, the collector shall execute an
affidavit in verification.
(2) 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.
(b) 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 deter-
mined 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.
27-15-2205. Equipment.
(a) 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.
(b) Any historic or special interest vehicle manu-
factured 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.
(c) Any safety equipment that was manufactured
as part of the historic or special interest vehicle’s
original equipment must be in proper operating
condition.
17427-15-2203 TRANSPORTATION
History. Acts 1975, No. 334, § 5; A.S.A. 1947, § 75-201.12; Acts
2005, No. 2202, § 2.
27-15-2206. Limitations on use.
(a)(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 his-
toric 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 his-
toric or special interest vehicles may transport pas-
sengers for hire only if money received is to be used
for club activities or to be donated to a charitable
nonprofit organization.
(b) 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.
27-15-2209. Alternative license plates for an-
tique motor vehicles.
(a) 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 under § 27-15-2201 that is more
than twenty-five (25) 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.
(b) 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 cur-
rently issued under § 27-15-2202 by the Office of
Motor Vehicle.
(c) 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).
(d) 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.
(e)(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 li-
cense 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:
(A) The antique license plate does not meet
reasonable reflective and safety standards;
(B) The number of the antique license plate is
the same as the number issued to a license plate
that is currently in circulation; and
(C) 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, § 1.
S
UBCHAPTER 23 — ANTIQUE MOTORCYCLES
SECTION
.
27-15-2301
. Definition.
27-15-2302
. Reproductions.
27-15-2303
. Ownership requirement.
27-15-2304
. Registration — Fee.
27-15-2305
. Transfer of registration.
27-15-2306
. Use.
27-15-2307
. Alternative license plates for antique motorcycles.
27-15-2301. Definition.
(a) “Antique motorcycle” means a motorcycle that
is at least twenty-five (25) years old and essentially
unaltered from the original manufacturer’s specifi-
cations and which is being collected, preserved,
175 27-15-2301REGISTRATION AND LICENSING — SPECIAL USES
restored, or maintained by a hobbyist as a leisure
pursuit.
(b) Modifications or deviations from the original
specifications may be permitted under this classifi-
cation if the modifications or deviations are of an
historic nature and characteristic of the approxi-
mate 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.
(a) A motorcycle manufactured as a reproduction
or facsimile of an antique motorcycle shall not be
eligible for registration under this subchapter un-
less it has been in existence for twenty-five (25)
years or more.
(b) 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.
(a) 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.
(b) This plate, in addition to the identification
number, shall identify the vehicle as an antique
motorcycle owned by an Arkansas collector.
(c) The registration shall be valid while the mo-
torcycle is owned by the applicant without the pay-
ment 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 owner-
ship 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 an-
tique motorcycles.
(a) 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.
(b) 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.
(c) 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).
(d) 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.
(e)(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 li-
cense 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:
(A) The antique license plate does not meet
reasonable reflective and safety standards;
(B) The number of the antique license plate is
the same as the number issued to a license plate
that is currently in circulation; and
(C) 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.
17627-15-2302 TRANSPORTATION
SUBCHAPTER 24 — AMATEUR RADIO
OPERATORS
SECTION
.
27-15-2401
. Special license plates authorized.
27-15-2402
. Applications.
27-15-2403
. Nontransferable.
27-15-2404
. Rules and regulations.
27-15-2405
. Lists for public information.
27-15-2401. Special license plates authorized.
(a)(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 sta-
tion license issued by the Federal Communications
Commission shall be issued a license plate as pre-
scribed by law for private passenger cars upon
application and:
(A) Proof of ownership of an amateur radio
station license;
(B) Compliance with the state motor vehicle
laws relating to regulation and licensing of motor
vehicles; and
(C) 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 as-
signed by the Federal Communications Commission.
(b) 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.
(c)(1) The Office of Driver Services may add addi-
tional 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.
(d)(1) The additional fees remitted under subdivi-
sion (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.
27-15-2402. Applications.
All applications for special license plates under
this subchapter shall be made to the Director of the
Department of Finance and Administration.
History. Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts
2005, No. 2202, § 2.
27-15-2403. Nontransferable.
Special license plates issued under this subchap-
ter shall be nontransferable.
History. Acts 1953, No. 146, § 1; A.S.A. 1947, § 75-267; Acts
2005, No. 2202, § 2.
27-15-2404. Rules and regulations.
The Director of the Department of Finance and
Administration shall make such rules and regula-
tions as are necessary to ascertain compliance with
all state license laws relating to the use and opera-
tion of motor vehicles before issuing the special
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.
27-15-2405. Lists for public information.
(a) On or before March 1 of each year, the Director
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, ad-
dresses, and amateur station call signs on the li-
cense plates of all persons to whom license plates are
issued under the provisions of this subchapter.
(b) 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.
S
UBCHAPTER 25 — PEARL HARBOR
SURVIVORS [REPEALED]
SECTION.
27-15-2501 — 27-15-2505
. [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.
S
UBCHAPTER 26 — MERCHANT MARINE
[REPEALED]
SECTION.
27-15-2601 — 27-15-2604
. [Repealed.]
177 27-15-2505REGISTRATION AND LICENSING — SPECIAL USES
27-15-2601 — 27-15-2604. [Repealed.]
Publisher’s Notes. This subchapter was repealed by Acts 2005,
No. 2202, § 2. The subchapter was derived fromActs 1991, No. 837,
§ 1.
S
UBCHAPTER 27 — FIREFIGHTERS
[REPEALED]
SECTION.
27-15-2701 — 27-15-2704
. [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.
S
UBCHAPTER 28 — SPECIAL LICENSE PLATES
FOR
COUNTY QUORUM COURT MEMBERS
[REPEALED]
SECTION.
27-15-2801 — 27-15-2805
. [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.
S
UBCHAPTER 29 — SPECIAL COLLEGIATE
LICENSE PLATES [REPEALED]
SECTION.
27-15-2901 — 27-15-2911
. [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.
S
UBCHAPTER 30 — SPECIAL CIVIL AIR
PATROL LICENSE PLATES [REPEALED]
SECTION.
27-15-3001 — 27-15-3003
. [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.
S
UBCHAPTER 31 — SEARCH AND RESCUE
SPECIAL LICENSE PLATES
SECTION
.
27-15-3101
. Design of plates.
27-15-3102
. Eligibility.
27-15-3103
. Regulations.
27-15-3101. Design of plates.
(a) The Department of Finance and Administra-
tion shall design a search and rescue license plate
for motor vehicles.
(b) The license plates shall be numbered consecu-
tively and shall contain the words “Search and
Rescue”.
History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2.
27-15-3102. Eligibility.
(a) 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.
(b)(1) Upon submitting proof of eligibility and
complying with the state laws relating to registra-
tion 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 Fi-
nance 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.
(c)(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. Regulations.
The Department of Finance and Administration
shall promulgate regulations necessary to imple-
ment this subchapter.
History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2.
17827-15-2601 TRANSPORTATION
SUBCHAPTER 32 — DUCKS UNLIMITED
[REPEALED]
SECTION.
27-15-3201 — 27-15-3209
. [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.
S
UBCHAPTER 33 — WORLD WAR II
V
ETERANS, KOREAN WAR VETERANS, VIETNAM
VETERANS, AND PERSIAN GULF VETERANS
[REPEALED]
SECTION.
27-15-3301 — 27-15-3306
. [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.
S
UBCHAPTER 34 — ADDITIONAL GAME AND
FISH COMMISSION PLATES [REPEALED]
SECTION.
27-15-3401 — 27-15-3407
. [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.
S
UBCHAPTER 35 — COMMITTED TO
EDUCATION LICENSE PLATES [REPEALED]
SECTION.
27-15-3501 — 27-15-3507
. [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.
S
UBCHAPTER 36 — ARMED FORCES VETERAN
LICENSE PLATES [REPEALED]
SECTION.
27-15-3601 — 27-15-3607
. [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.
S
UBCHAPTER 37 — SPECIAL RETIRED
ARKANSAS STATE TROOPER LICENSE PLATES
[REPEALED]
SECTION.
27-15-3701 — 27-15-3706
. [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.
S
UBCHAPTER 38 — DISTINGUISHED FLYING
CROSS [REPEALED]
SECTION.
27-15-3801 — 27-15-3805
. [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 fromActs 2001, No. 566,
§ 1.
S
UBCHAPTER 39 — CHOOSE LIFE LICENSE
PLATE [REPEALED]
SECTION.
27-15-3901 — 27-15-3908
. [Repealed.]
179 27-15-3805REGISTRATION AND LICENSING — SPECIAL USES
27-15-3901 — 27-15-3908. [Repealed.]
Publisher’s Notes. This subchapter was repealed by Acts 2005,
No. 2202, § 2. The subchapter was derived fromActs 2003, No. 344,
§ 1.
S
UBCHAPTER 40 — MISCELLANEOUS
SECTION
.
27-15-4001
. Buses converted to or equipped as campers.
27-15-4002
. Exemptions for new vehicles loaned by dealers to
school districts.
27-15-4003
. [Repealed.]
27-15-4004
. [Repealed.]
27-15-4001. Buses converted to or equipped
as campers.
(a) 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 Director
of the Department of Finance and Administration
and upon the payment of an annual registration fee
of thirteen dollars ($13.00).
(b) 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.
(c) 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 pre-
scribed 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.
27-15-4002. Exemptions for new vehicles
loaned by dealers to school districts.
(a) 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.
(b) The Director of the Department of Finance
and Administration shall issue, without charge to
the school district, the appropriate motor vehicle
license plates for the vehicle.
(c) 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.
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.
S
UBCHAPTER 41 — SUSAN G. KOMEN BREAST
CANCER EDUCATION, RESEARCH, AND
AWARENESS LICENSE PLATE [REPEALED]
SECTION.
27-15-4101 — 27-15-4106
. [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.
S
UBCHAPTER 42 — DIVISION OF AGRICULTURE
LICENSE PLATE [REPEALED]
SECTION.
27-15-4201 — 27-15-4207
. [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.
S
UBCHAPTER 43 — CONSTITUTIONAL OFFICER
LICENSE PLATE [REPEALED]
SECTION.
27-15-4301 — 27-15-4305
. [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 fromActs 2003, No. 868,
§ 1.
S
UBCHAPTER 44 — AFRICAN-AMERICAN
FRATERNITY AND SORORITY LICENSE PLATE
[REPEALED]
SECTION.
27-15-4401 — 27-15-4409
. [Repealed.]
18027-15-3901 TRANSPORTATION
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.
S
UBCHAPTER 45 — BOY SCOUTS OF AMERICA
LICENSE PLATE [REPEALED]
SECTION.
27-15-4501 — 27-15-4506
. [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.
S
UBCHAPTER 46 — ARKANSAS CATTLEMEN’S
FOUNDATION LICENSE PLATE [REPEALED]
SECTION.
27-15-4601 — 27-15-4606
. [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.
S
UBCHAPTER 47 — ORGAN DONOR
AWARENESS LICENSE PLATE [REPEALED]
SECTION.
27-15-4701 — 27-15-4707
. [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.
S
UBCHAPTER 48 — OPERATION IRAQI
FREEDOM VETERAN LICENSE PLATE
[REPEALED]
SECTION.
27-15-4801 — 27-15-4808
. [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.
S
UBCHAPTER 49 — IN GOD WE TRUST
LICENSE PLATE
SECTION
.
27-15-4901
. In God We Trust license plate authorized.
27-15-4902
. Design.
SECTION.
27-15-4903
. Fees.
27-15-4904
. In God We Trust License Plate Fund.
27-15-4905
. Renewal.
27-15-4906
. Transfer to another vehicle.
27-15-4907
. Compliance with other laws.
27-15-4908
. Rules and regulations.
27-15-4901. In God We Trust license plate au-
thorized.
The Director of the Department of Finance and
Administration shall issue a special In God We Trust
motor vehicle license plate in the manner and sub-
ject to the conditions prescribed in this subchapter.
History. Acts 2005, No. 727, § 1.
27-15-4902. Design.
(a) 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.
(b)(1) Before the Director of the Department of
Finance and Administration creates and issues a
special license plate under this subchapter, one (1) of
the following must occur:
(A) 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 of the Department of Human
Services, a person, or other entity; or
(B) The Department of Finance and Adminis-
tration receives a minimum of one thousand
(1,000) applications for the special license plate.
(2)(A) 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.
(B) The fee shall not be considered or credited
to the division as direct revenues.
(C) 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.
27-15-4903. Fees.
(a) 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 contri-
bution 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
181 27-15-4903REGISTRATION AND LICENSING — SPECIAL USES
Department of Finance and Administration shall
issue to the vehicle owner an In God We Trust
license plate which shall bear the approved design.
(b)(1)(A) 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.
(B) The fee shall not be considered or credited
to the division as direct revenues.
(2) The design-use contribution fee of twenty-five
dollars ($25.00) shall be deposited as special rev-
enues 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.
(a) 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”.
(b)(1) All moneys collected as design-use contri-
bution 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 rev-
enues as may be authorized by law.
(c)(1)(A) The fund shall be used by the Division of
Aging, Adult, and Behavioral Health Services of
the Department of Human 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.
(B) All moneys in the fund shall be used exclu-
sively by the division as provided in subdivisions
(c)(2) and (3) of this section.
(C)(i) All moneys collected as design-use contri-
bution fees under § 27-15-4903(a) shall be used
exclusively by senior citizen centers for purchas-
ing food for use in a home-delivered meal pro-
gram.
(ii) No moneys collected as design-use contribu-
tion fees under § 27-15-4903(a) shall be used for
administration expenses by a state agency, senior
citizen center, or any other non-profit or for-profit
organization.
(2)(A) The division shall distribute the moneys
collected under this subchapter as cash grant
awards to senior citizen centers in the State of
Arkansas.
(B) 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.
(3) 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.
27-15-4905. Renewal.
(a)(1) The special In God We Trust license plate
issued under this subchapter may be renewed annu-
ally under the procedures in § 27-15-4004 [re-
pealed] 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.
(b) 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.
(c) 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).
(d) 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.
27-15-4908. Rules and regulations.
The Director of the Department of Finance and
Administration shall promulgate reasonable rules
and regulations and prescribe forms as the director
determines to be necessary for effectively and effi-
ciently carrying out the intent and purposes of this
subchapter.
History. Acts 2005, No. 727, § 1.
18227-15-4904 TRANSPORTATION
SUBCHAPTER 50 — OPERATION ENDURING
FREEDOM VETERAN LICENSE PLATE
[REPEALED]
SECTION.
27-15-5001 — 27-15-5008
. [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.
S
UBCHAPTER 51 — ARKANSAS STATE GOLF
ASSOCIATION LICENSE PLATE
SECTION
.
27-15-5101
. Arkansas State Golf Association license plate autho-
rized.
27-15-5102
. Design — Numbered plates.
27-15-5103
. Application for special Arkansas State Golf Associa-
tion license plate — Fee — Disposition of fee.
27-15-5104
. Renewal.
27-15-5105
. Transfer to another vehicle.
27-15-5106
. Compliance with other laws.
27-15-5101. Arkansas State Golf Association
license plate authorized.
The Director 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.
27-15-5102. Design — Numbered plates.
(a)(1) The Arkansas State Golf Association spe-
cial license plates shall be designed by the Arkansas
State Golf Association.
(2) The design shall be submitted to the Director
of the Department of Finance and Administration
for design approval under rules of the director.
(3) The association may periodically submit a
newly designed license plate for approval and issu-
ance by the director with not more than one (1) new
license plate design issued per calendar year.
(b)(1) Upon approval of the design by the director,
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 Admin-
istration 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.
(c) The director shall promulgate reasonable
rules and regulations and prescribe any forms as the
director determines to be necessary to carry out the
intent and purposes of this subchapter.
History. Acts 2005, No. 1574, § 1.
27-15-5103. Application for special Arkansas
State Golf Association license plate — Fee —
Disposition of fee.
(a) Any motor vehicle owner may apply for and
renew annually an Arkansas State Golf Association
special license plate.
(b)(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 contri-
bution, 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.
(2)(A) The handling and administrative fee of ten
dollars ($10.00) shall be deposited into the State
Central Services Fund for the benefit of the Rev-
enue Division of the Department of Finance and
Administration and shall be credited to the divi-
sion as supplemental and in addition to all other
funds as may be deposited for the benefit of the
division.
(B) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(3) The design-use contribution of twenty-five dol-
lars ($25.00) shall be remitted monthly to the asso-
ciation to be used for association purposes.
History. Acts 2005, No. 1574, § 1.
27-15-5104. Renewal.
(a)(1) Arkansas State Golf Association special li-
cense 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.
(b)(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.
183 27-15-5104REGISTRATION AND LICENSING — SPECIAL USES
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 trans-
ferred 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 li-
cense plates shall comply with all other state motor
vehicle laws relating to registration and licensing of
motor vehicles, except as specifically provided oth-
erwise in this subchapter.
History. Acts 2005, No. 1574, § 1; 2015, No. 1158, § 3.
S
UBCHAPTER 52 — ARKANSAS FALLEN
FIREFIGHTERS’ MEMORIAL SPECIAL LICENSE
PLATE
SECTION
.
27-15-5201
. Arkansas Fallen Firefighters’ Memorial special li-
cense plate authorized.
27-15-5202
. Plate design.
27-15-5203
. Fees.
27-15-5204
. Renewal.
27-15-5205
. Transfer to another vehicle.
27-15-5206
. Compliance with other laws.
27-15-5201. Arkansas Fallen Firefighters’ Me-
morial special license plate authorized.
The Director 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.
27-15-5202. Plate design.
(a)(1) The special motor vehicle license plates
shall be designed by the Arkansas Fallen Firefight-
ers’ Memorial Board.
(2) The design shall be submitted for design ap-
proval by the Director of the Department of Finance
and Administration under rules and regulations of
the director.
(3) The board may periodically submit a newly
designed license plate for approval and issue by the
director with not more than one (1) new license plate
design issued per calendar year.
(b)(1) Upon approval of the design by the director,
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 Admin-
istration 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.
(c) The director shall promulgate reasonable
rules and regulations 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.
27-15-5203. Fees.
(a) The Department of Finance and Administra-
tion 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 ve-
hicle, payment of five dollars ($5.00) to cover the
design-use contribution, and payment of an addi-
tional handling and administrative fee of ten dollars
($10.00) for the issuance of the special license plate.
(b)(1) The handling and administrative fee of ten
dollars ($10.00):
(A) Shall be collected only for the first year the
special license plates are issued;
(B) Shall be deposited into the State Central
Services Fund for the benefit of the Revenue
Division of the Department of Finance and Admin-
istration; and
(C) 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.
(a)(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.
(b) 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).
18427-15-5105 TRANSPORTATION
History. Acts 2005, No. 1577, § 1.
27-15-5205. Transfer to another vehicle.
An Arkansas Fallen Firefighters’ Memorial spe-
cial 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’ Me-
morial special license plates shall comply with all
other state motor vehicle laws relating to registra-
tion and licensing of motor vehicles.
History. Acts 2005, No. 1577, § 1; 2015, No. 1158, § 4.
S
UBCHAPTER 53 — REALTORS LICENSE PLATE
[REPEALED]
SECTION.
27-15-5301 — 27-15-5307
. [Repealed.]
27-15-5301 — 27-15-5307. [Repealed.]
Publisher’s Notes. This subchapter was repealed by Acts 2007,
No. 451, § 4. The former subchapter was derived from Acts 2005,
No. 1889, § 1.
CHAPTER 16
DRIVER’S LICENSES
GENERALLY
SUBCHAPTER.
1
. GENERAL PROVISIONS.
2. DEFINITIONS [REPEALED.]
3
. PENALTIES.
4. OFFICE OF DRIVER SERVICES.
5. ADMINISTRATION GENERALLY.
6. LICENSING REQUIREMENTS.
7. APPLICATION AND EXAMINATION.
8. ISSUANCE OF LICENSES AND PERMITS.
9. EXPIRATION, CANCELLATION, REVOCATION, OR SUSPENSION.
10. SPECIAL PROVISIONS REGARDING CHAUFFEURS [REPEALED.]
11
. DRIVER’S LICENSE SECURITY AND MODERNIZATION ACT.
12. ARKANSAS VOLUNTARY ENHANCED SECURITY DRIVER’S LICENSE AND
IDENTIFICATION CARD ACT.
13. ARKANSAS EMERGENCY CONTACT INFORMATION SYSTEM ARKANSAS
EMERGENCY CONTACT INFORMATION SYSTEM [EFFECTIVE UNTIL
JANUARY 29, 2018.]
13
. EMERGENCY CONTACT INFORMATION SYSTEM ACT [EFFECTIVE JANU-
ARY 29, 2018.]
S
UBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-16-101
. Title.
27-16-102
. Construction.
27-16-103
. Provision of information.
27-16-104
. Definitions.
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.
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.
(a)(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 subdivi-
sion (a)(1) of this section available at all state
revenue offices.
(b)(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.
(c) 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 de-
signed and used primarily as a farm implement for
drawing plows, mowing machines, and other imple-
ments 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 oper-
ated upon stationary rails or tracks;
(4) “Nonresident” means a person who is not a
resident of this state;
(5)(A) “Owner” means a person who holds the
legal title of a vehicle.
(B) 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
185 27-16-104DRIVER’S LICENSES GENERALLY
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;
(6) “Person” means a natural person, firm, copart-
nership, association, or corporation;
(7)(A) “Resident” means any person who:
(i) Remains in this state for a period of more
than ninety (90) days;
(ii) Resides in this state due to a change of
abode; or
(iii) Is domiciled in this state on a temporary or
permanent basis.
(B) “Resident” does not include any person who
is in this state as a student;
(8) “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;
(9) “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;
(10) “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;
(11) “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
(12) “Vehicle” means a device in, upon, or by
which any person or property is or may be trans-
ported 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.
S
UBCHAPTER 2 — DEFINITIONS
SECTION
.
27-16-201 — 27-16-207
. [Repealed.]
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.
S
UBCHAPTER 3 — PENALTIES
SECTION
.
27-16-301
. Penalty generally.
27-16-302
. Unlawful use of license.
27-16-303
. Driving while license cancelled, suspended, or revoked.
SECTION.
27-16-304
. Permitting unauthorized person to drive.
27-16-305
. Permitting minor to drive.
27-16-306
. Perjury.
27-16-301. Penalty generally.
(a) 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.
(b) 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.
27-16-302. Unlawful use of license.
(a) 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, re-
voked, 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 can-
celled;
(6) To use a false or fictitious name in an applica-
tion 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.
(b) 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.
18627-16-201 TRANSPORTATION
27-16-303. Driving while license cancelled,
suspended, or revoked.
(a)(1) Any person whose driver’s license or driv-
ing 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 pun-
ished 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).
(b)(1) The Office of Driver Services, upon receiv-
ing 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 ex-
tend 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.
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.
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.
27-16-306. Perjury.
(a) 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.
(b) Upon conviction, an offender shall be punish-
able by fine or imprisonment as other persons com-
mitting perjury are punishable.
History. Acts 1937, No. 280, § 36; Pope’s Dig., § 6860; A.S.A.
1947, § 75-340.
S
UBCHAPTER 4 — OFFICE OF DRIVER
SERVICES
SECTION
.
27-16-401
. Definitions.
27-16-402
. Creation.
27-16-403
. [Repealed.]
27-16-404
. [Repealed.]
27-16-401. Definitions.
As used in this subchapter, unless the context
otherwise requires:
(1) “Commissioner” means the Director 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-
16-204;
(4) Serious accident means:
(A) A reportable accident in which the driver is
found at fault; and
(B) The accident is placed on the driver’s re-
cords 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:
(A) Any alcohol-related moving traffic violation;
(B) Any seat belt violation;
(C) Any commercial motor vehicle violation;
(D) Driving fifteen (15) or more miles per hour
over the speed limit;
(E) Reckless driving;
(F) Negligent homicide;
(G) Using a vehicle to commit a felony;
(H) Failure to carry liability insurance;
(I) Leaving the scene of an accident;
(J) Evading arrest;
(K) Fleeing by use of an automobile;
(L) Unsafe driving;
(M) Hazardous driving;
(N) Prohibited passing;
(O) Passing stopped school bus;
(P) Careless or negligent driving;
(Q) Failure to obey a traffic signal or device;
(R) Failure to obey a railroad crossing barrier;
(S) Racing on a highway;
(T) Driving with a suspended, revoked, or can-
celled license; or
187 27-16-401DRIVER’S LICENSES GENERALLY
(U) 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.
27-16-402. Creation.
(a) 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 driv-
ers and the laws relating to the suspension and
revocation of their licenses.
(b) 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 opera-
tor’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.
S
UBCHAPTER 5 — ADMINISTRATION
GENERALLY
SECTION
.
27-16-501
. Records to be kept.
27-16-502
. Reporting of convictions and forwarding of licenses by
courts.
27-16-503
. [Repealed.]
27-16-504
. Record of nonresident’s conviction.
27-16-505
. Notification of incompetency.
27-16-506
. Notice of change of address or name.
27-16-507
. Registration with selective service.
27-16-508
. Fee for reinstatement — Definition. [Effective Septem-
ber 1, 2017 until January 15, 2019.]
27-16-508
. Fee for reinstatement. [Effective January 15, 2019.]
27-16-509
. Reciprocal agreements — Definition.
27-16-501. Records to be kept.
(a) 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.
(b) 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 indi-
vidual record of each licensee showing the convic-
tions 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 for-
warding of licenses by courts.
(a) Whenever any person is convicted of any of-
fense 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 con-
viction to the office.
(b) 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 sus-
pension of the driver’s license of the person so
convicted.
(c)(1) As used in this section, the term “convic-
tion” 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.
27-16-503. [Repealed.]
Publisher’s Notes. This section, concerning report of chauf-
feur’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.
18827-16-402 TRANSPORTATION
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 rea-
son 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 incompe-
tent;
(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.
(a) 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 .
(b) 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.
(a)(1) Any United States male citizen or immi-
grant 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 Admin-
istration for the issuance, renewal, or a duplicate
copy of:
(A) A driver’s license;
(B) A commercial driver’s license; or
(C) 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.
(b) 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.
(c) 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 infor-
mation for registration.
(d) 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 fed-
eral law.
(e) 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 — Defini-
tion. [Effective September 1, 2017 until Janu-
ary 15, 2019.]
(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 or-
ders 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)(A) If a person’s driving privileges are sus-
pended 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 reinstate-
ment fee under § 27-16-808(c)(1)(A) or subdivi-
sion (a)(1) of this section if a district court or
circuit court verifies to the office that the person
has:
(i) Paid all other court costs, fines, and fees
associated with the criminal offense that led to his
or her driver’s license suspension;
(ii) Graduated from a specialty court program;
and
(iii) Provided the sentencing court with a rein-
statement letter from the Department of Finance
and Administration showing all outstanding sus-
pension or revocation orders.
(B) Subdivision (a)(2)(A) of this section does not
apply to:
(i) A reinstatement fee ordered under § 5-65-
119, § 5-65-304, § 5-65-310, or § 27-16-808; or
189 27-16-508DRIVER’S LICENSES GENERALLY
(ii) A fee ordered to reinstate commercial driv-
ing privileges.
(3) A person may not avail himself or herself of
the provisions of this section on more than one (1)
occasion.
(4) 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 outstand-
ing fees assessed under this section shall be set off
against a taxpayer’s state income tax refund.
(b) The revenues derived from this fee shall be
deposited into the State Treasury as special rev-
enues to the credit of the Department of Arkansas
State Police Fund.
(c) 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.
(d) As used in this section, “specialty court pro-
gram” means a drug court, HOPE court, or veterans
court operated by a circuit court or district court as
authorized by the Supreme Court.
History. Acts 2003, No. 1001, § 4; 2005, No. 1992, § 4; 2011, No.
194, § 2; 2015, No. 1193, § 1; 2017, No. 915, § 1.
27-16-508. Fee for reinstatement. [Effective
January 15, 2019.]
(a) The Office of Driver Services shall collect a
reinstatement fee of one hundred dollars ($100) to
be multiplied by the number of administrative or-
ders 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.
(b) The revenues derived from this fee shall be
deposited into the State Treasury as special rev-
enues to the credit of the Department of Arkansas
State Police Fund.
(c) 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.
History. Acts 2003, No. 1001, § 4; 2005, No. 1992, § 4; 2011, No.
194, § 2.
27-16-509. Reciprocal agreements — Defini-
tion.
(a)(1) As used in this section, “reciprocal agree-
ment” 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 mul-
tiple states or jurisdictions.
(2) “Reciprocal agreement” includes an agree-
ment that:
(A) Provides a consistent method of sharing
driving records and updating violations in mul-
tiple states or jurisdictions, including ticket and
violation information; and
(B) Takes advantage of technological advances
in the transmission of data.
(b) The purpose of this section is to allow the
State of Arkansas to negotiate and consummate a
reciprocal agreement with the duly authorized offi-
cials 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.
(c)(1) The Director of the Department of Finance
and Administration may negotiate and consummate
a reciprocal agreement as provided under this sec-
tion.
(2) If the Director of the Department of Finance
and Administration enters into a reciprocal agree-
ment under this section, then he or she shall exer-
cise due regard for the advantage and convenience of
resident drivers and citizens of the State of Arkan-
sas.
(3) The Director 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 pro-
vided to the other entity’s motor vehicle drivers.
(d)(1) The Director 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 effec-
tive as outlined in the reciprocal agreement.
(e)(1)(A) If the Director of the Department of
Finance and Administration enters into a recipro-
cal agreement under this section, then he or she
shall submit a report to the following:
(i) The cochairs of the Legislative Council;
(ii) The Chair of the House Committee on Pub-
lic Transportation and the Chair of the Senate
Committee on Public Transportation, Technology,
and Legislative Affairs; and
(iii) The Director of the Bureau of Legislative
Research.
(B) 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.
(2) The report under this subsection shall include
the following:
(A) Drafts of legislation that make changes to
the law that are necessary to comply with the
reciprocal agreement;
(B) A report that explains the drafts of legisla-
tion;
(C) Background information related to the rec-
ommended changes in the law, including an expla-
nation of how other states and governments are
responding to the reciprocal agreement; and
(D) Any other information that is requested by
the cochairs of the Legislative Council, the Chair
19027-16-508 TRANSPORTATION
of the House Committee on Public Transportation
and the Chair of the Senate Committee on Trans-
portation, Technology, and Legislative Affairs, or
the Director of the Bureau of Legislative Re-
search.
History. Acts 2005, No. 446, § 1; 2017, No. 448, §§ 22-24.
S
UBCHAPTER 6 — LICENSING REQUIREMENTS
SECTION
.
27-16-601
. Driver’s license to be carried and exhibited on demand.
27-16-602
. Driver’s license required.
27-16-603
. Persons exempted from licensing.
27-16-604
. Persons not to be licensed.
27-16-605
. Duties of person renting motor vehicle to another.
27-16-606
. When residents and nonresidents to obtain state reg-
istration and license.
27-16-601. Driver’s license to be carried and
exhibited on demand.
(a) 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.
(b) 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.
27-16-602. Driver’s license required.
(a) 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.
(b)(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.
(c)(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 driv-
er’s license under this chapter need not procure a
noncommercial driver’s license.
(d) 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.
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:
(A) While in the service of the:
(i) United States Army, United States Air
Force, United States Navy, United States Coast
Guard, or United States Marine Corps; or
(ii) National Guard and reserve components of
the armed forces; or
(B) While serving as a National Guard military
technician;
(2) Any person while operating or driving any
road machine, farm tractor, or implement of hus-
bandry temporarily operated or moved on a high-
way;
(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.
27-16-604. Persons not to be licensed.
(a) The Office of Driver Services shall not issue
any license under this chapter to any person:
(1) As a noncommercial driver who is under eigh-
teen (18) years of age, except that the office may
191 27-16-604DRIVER’S LICENSES GENERALLY
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:
(A) Married;
(B) Possesses a high school diploma;
(C) Has successfully completed a high school
equivalency test; or
(D) 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:
(A) 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
(B) 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 Director 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 six-
teen (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 re-
newal of an Arkansas driver’s license or photo iden-
tification and cannot show either an Arkansas driv-
er’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.
(b) The office is authorized to secure from all state
agencies involved the necessary information to com-
ply with the provisions of this section.
(c) 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.
27-16-605. Duties of person renting motor ve-
hicle to another.
(a) 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.
(b) No person shall rent a motor vehicle to an-
other 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.
(c)(1) Every person renting a motor vehicle to
another shall keep a record of:
(A) The registration number of the motor ve-
hicle so rented;
(B) The name and address of the person to
whom the vehicle is rented;
(C) The number of the license of the person;
and
(D) 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.
(a) 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.
(b) 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.
19227-16-605 TRANSPORTATION
History. Acts 1993, No. 445, § 43; 1999, No. 912, § 3.
S
UBCHAPTER 7 — APPLICATION AND
EXAMINATION
SECTION
.
27-16-701
. Application for license or instruction permit — Re-
stricted permits — Definitions.
27-16-702
. Application of minor for instruction permit, learner’s
license, or intermediate driver’s license — Defini-
tion.
27-16-703
. Release from liability.
27-16-704
. Examinations of applicants.
27-16-705
. Examiners.
27-16-706
. Written test — Contents.
27-16-701. Application for license or instruc-
tion permit — Restricted permits — Defini-
tions.
(a)(1) Every application for an instruction permit
or for a commercial or noncommercial driver’s li-
cense 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 noncom-
mercial driver’s license shall include the intermedi-
ate 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.
(b) 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 applica-
tion has ever been refused, and, if so, the date of and
reason for suspension, revocation, or refusal.
(c)(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 Secu-
rity 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.
(d) 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)(i)(a) Proof of receipt of a high school di-
ploma or its equivalent or enrollment and regular
attendance in an adult education program or a
public, private, or parochial school.
(b) In order to be issued a license, a student
enrolled in school shall present proof of a “C”
average for the previous semester or similar
equivalent grading period for which grades are
recorded as part of the student’s permanent re-
cord.
(c) However, when the student does not have
the required “C” average, a restricted license may
be issued to the student for the purpose of driving
to and from work.
(ii) A student with disabilities receiving special
education or related services or a student enrolled
in an adult education program shall present proof
that the student is successfully completing his or
her individual education plan in order to be issued
a license.
(B) As used in this section:
(i) “Regular attendance” means attendance in
compliance with the:
(a) Established written policy of the school dis-
trict or public, private, or parochial school con-
cerning truancy; or
(b) Policy for sixteen-year-olds and seventeen-
year-olds enrolled in an adult education program
established by the Career Education and Work-
force Development Board as provided for in § 6-
18-222; and
(ii) “Special education or related services”
means an instruction plan specially designed to
meet the unique needs of a student with a disabil-
ity that adversely affects his or her educational
performance and requires an:
(a) Individualized education program under
the Individuals with Disabilities Education Im-
provement Act of 2004, Pub. L. No. 108-446; or
(b) Accommodation commonly known as a “504
Plan” under the Rehabilitation Act of 1973, Pub.
L. No. 93-112.
(C) [Repealed.]
(2) Proof that the person is being provided school-
ing at home as described in § 6-15-501 et seq. in the
form of a notarized copy of the written notice of
intent to home school the student provided by the
parent or guardian to the superintendent of the local
school district as required by § 6-15-503;
(3) Proof that the person is enrolled in a postsec-
ondary vocational-technical program, a community
college, or a two-year or four-year institution of
higher education;
(4) 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 ap-
plying for a regular license has been free of a serious
accident and conviction of a serious traffic violation
for the last twelve (12) months;
(5) 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;
(6) An acknowledgment signed by the applicant
for an intermediate driver’s license that all passen-
193 27-16-701DRIVER’S LICENSES GENERALLY
gers riding in the motor vehicle shall wear seat belts
at all times;
(7) 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 com-
munication device while operating a motor vehicle;
(8)(A) An acknowledgment signed by the appli-
cant 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.
(B) As used in this section, “unrelated minor
passenger” means a passenger who is under
twenty-one (21) years of age and who is not:
(i) A sibling of the driver;
(ii) A step-sibling of the driver; or
(iii) A child who resides in the same household
as the driver; and
(9) An acknowledgment signed by the applicant
for an intermediate driver’s license that the appli-
cant 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:
(A) Accompanied by a licensed driver who is
twenty-one (21) years of age or older;
(B) Driving to or from a school activity, church-
related activity, or job; or
(C) Driving because of an emergency.
(e) The Department of Education shall develop
guidelines for use by school districts to provide a
certified exemption from the “C” average require-
ment 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.
(f)(1) Any person less than eighteen (18) years of
age who is unable to meet the requirements of
subdivisions (d)(1)-(3) of this section may petition
the office that he or she be issued a restricted permit
for employment-related purposes.
(2)(A) The office shall advise the person of the
time and place for making the request and for the
hearing thereon, which shall be conducted within
a reasonable time following the application date.
(B) Notice shall be given by mailing the notice
to the last known address of the person seeking
the restricted permit.
(3)(A) In cases in which demonstrable financial
hardship would result from the failure to issue a
learner’s permit or driver’s license, the Depart-
ment of Finance and Administration may grant
exceptions only to the extent necessary to amelio-
rate the hardship.
(B) If it can be demonstrated that the condi-
tions for granting a hardship were fraudulent, the
parent, guardian, or person in loco parentis shall
be subject to all applicable perjury statutes.
(g) The Department of Finance and Administra-
tion shall have the power to promulgate rules and
regulations to carry out the intent of this section and
shall distribute to each public, private, and paro-
chial school and each adult education program a
copy of all rules and regulations adopted under 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.
27-16-702. Application of minor for instruc-
tion permit, learner’s license, or intermediate
driver’s license — Definition.
(a)(1)(A) The original application of any person
under eighteen (18) years of age for an instruction
permit, a learner’s license, an intermediate driv-
er’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 fa-
ther or mother of the applicant, if either is living
and has custody.
(B) 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.
(C) 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 sub-
chapter upon a person signing the application of a
minor.
(D) 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 of the Department of Human
Services or his or her designee may authorize an
employee of the department or any foster parent
to sign the application.
(2) For purposes of this section, duly authorized
agents of the Director of the Department of Finance
and Administration may administer oaths without
charge.
(b)(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 dam-
ages caused by the negligence or willful misconduct.
(2)(A) 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
19427-16-702 TRANSPORTATION
the application of the minor for a permit or li-
cense.
(B) The authorized employee or authorized fos-
ter parent shall not be held liable in conjunction
with the minor for any damages caused by the
negligence or willful misconduct of the minor.
(c)(1) If any person who is required or authorized
by subsection (a) of this section to sign the applica-
tion 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, a “minor” means any
person who has not attained eighteen (18) years of
age.
(d) 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.
27-16-703. Release from liability.
(a) 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.
(b) 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 negli-
gence 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.
(a) Every applicant for a driver’s license, except
as otherwise provided in this chapter, shall be ex-
amined in accordance with the provisions of this
section.
(b)(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 ex-
amine his or her visual acuity to read road signs and
identify objects at a distance.
(4) The applicant shall have a minimum uncor-
rected 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 exam-
ined by an eye care professional and secure correc-
tive 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 Director of the
Department of Finance and Administration and the
Department of Arkansas State Police.
(7) In addition, the applicant for a learner’s li-
cense 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.
(c)(1) No applicant for an original license, that is,
an applicant who has never been licensed previously
by any jurisdiction, shall be permitted to demon-
strate 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.
27-16-705. Examiners.
(a) An examination as provided for in this sub-
chapter shall be conducted by the Department of
Arkansas State Police or by the duly authorized
agents of the Director of the Department of Finance
and Administration.
195 27-16-705DRIVER’S LICENSES GENERALLY
(b) No examination shall be conducted by local
law enforcement officers or local citizens.
(c) The Department of Arkansas State Police may
promulgate any necessary rules to implement, ad-
minister, 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.
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 result-
ing from violations of the state’s laws prohibiting the
operation of a motor vehicle while under the influ-
ence of alcohol or drugs;
(3) Accessible parking for a person with a disabil-
ity;
(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 Department of Arkan-
sas State Police.
History. Acts 1995, No. 711, § 1; 1995, No. 1105, § 1; 2007, No.
753, § 5; 2017, No. 490, § 2.
S
UBCHAPTER 8 — ISSUANCE OF LICENSES AND
PERMITS
SECTION
.
27-16-801
. Licenses generally — Validity periods — Contents —
Fees — Disposition of moneys — Definitions.
27-16-802
. Instruction permits.
27-16-803
. [Repealed.]
27-16-804
. Restricted licenses, learner’s licenses, and intermedi-
ate licenses — Definitions.
27-16-805
. Identification purposes only.
27-16-806
. Duplicates or substitutes.
27-16-807
. Issuance to nonresident and military licensees.
27-16-808
. Reinstatement charge — Definitions. [Effective Sep-
tember 1, 2017 until January 15, 2019.]
27-16-808
. Reinstatement charge. [Effective January 15, 2019.]
27-16-809
. Reciprocal recognition of foreign licenses.
27-16-810
. [Repealed.]
27-16-811
. Exception to disclosing residence address — Address
confidentiality program.
27-16-812
. Veteran designation.
27-16-813
. Medical exemption designation for seat belt use.
27-16-814
. Living will designation.
27-16-815
. Communication impediment designation and decal.
27-16-816
. Probationer and parolee restricted permits.
27-16-801. Licenses generally — Validity peri-
ods — Contents — Fees — Disposition of
moneys — Definitions.
(a)(1)(A) In a manner prescribed by the Director
of the Department of Finance and Administration,
the Office of Driver Services shall issue:
(i) 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);
(ii) An intermediate Class D license or an inter-
mediate Class M license to each applicant be-
tween sixteen (16) and eighteen (18) years of age,
for a period of up to two (2) years, upon payment of
twelve dollars ($12.00);
(iii) A learner’s Class D license to each appli-
cant 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
(iv) A Class MD license to each qualified appli-
cant, for a period of not more than two (2) years,
upon payment of two dollars ($2.00).
(B) A Class D license or a Class M license shall
be issued for a period to be elected by the appli-
cant 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 quali-
fied applicant who:
(i) Is seventy (70) or more years of age; and
(ii) Has an expired Class D license or Class M
license.
(2)(A) 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 exami-
nation fee of five dollars ($5.00) for each written
examination taken.
(B) The examination fee shall be remitted in a
manner prescribed by the commissioner.
(3) Each license shall include:
(A) A distinguishing number assigned to the
licensee;
(B)(i) Except as provided under subdivisions
(a)(3)(B)(ii) and (iii) of this section, the name,
residence address, date of birth, and a brief de-
scription of the licensee.
(ii) The following exceptions to providing a resi-
dence address and instead providing a post office
box address shall be allowed at the option of the
licensee:
(a) If the licensee is a law enforcement officer;
or
(b) If the licensee is a victim of domestic vio-
lence or the dependent of a victim of domestic
violence as provided under § 27-16-811.
(iii) 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
(C) A space upon which the licensee may affix
his or her signature.
(4) 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.
(5) At the time of initial issuance or at the time of
renewal of a license, the distinguishing number
19627-16-706 TRANSPORTATION
assigned to the licensee for his or her license shall be
a nine-digit number assigned to the specific licensee
by the director.
(6)(A) The office may offer an applicant with a
valid Arkansas driver’s license an additional op-
tion 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).
(B) The digital copy of the driver’s license shall
be available for view at any time until the expira-
tion of the driver’s license issued under subdivi-
sion (a)(1) of this section.
(b)(1)(A) 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.
(B)(i) 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.
(ii) 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.
(2) A license may be valid without a photograph of
the licensee when the commissioner is advised that
the requirement of the photograph is either objec-
tionable on the grounds of religious belief or the
licensee is unavailable to have the photograph
made.
(3)(A) 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 in-
stead of having a new photograph taken if the
licensee establishes that his or her hair loss is
related to that illness or treatment.
(B) 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.
(C) This option can only be provided for one (1)
renewal of the license to prevent obsolete photo-
graphs from being used.
(c)(1) In addition to the license fee prescribed by
subsection (a) of this section, the office shall collect a
penalty equal to fifty percent (50%) of the amount
thereof from each driver, otherwise qualified, who
shall operate a motor vehicle over the highways of
this state without a valid license.
(2) The penalty shall be in addition to any other
penalty that may be prescribed by law.
(d)(1) Except as provided in subdivision (d)(2) of
this section, all license fees collected under subsec-
tion (a) of this section shall be cash funds restricted
in their use and shall be deposited into a bank
selected by the Department of Arkansas State Police
to the credit of the Department 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 Admin-
istration to defray the cost of administering a digital
copy of a driver’s license under subdivision (a)(6) of
this section.
(e)(1) The office shall not charge an additional fee
for the color photograph provided for in subsection
(b) of this section for those applicants making a
renewal application for the first time.
(2) In addition to the regular license fee, a fee of
two dollars ($2.00) shall be charged for all subse-
quent 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).
(4) All persons who are required to have their
eyesight tested prior to initial licensing or upon
subsequent license renewal as provided for in this
chapter shall be charged an additional fee for a
license validity period of either:
(A) Four (4) years, in the amount of one dollar
($1.00); or
(B) Eight (8) years, in the amount of two dollars
($2.00).
(5) Each learner’s license and intermediate driv-
er’s license issued shall be distinctive from the
regular driver’s license issued to a person eighteen
(18) years of age or older.
(f) Moneys collected from the penalty fee provided
in subsection (c) of this section and the fees provided
in subsection (e) of this section shall be deposited
into the State Treasury into the Constitutional Of-
ficers Fund and the State Central Services Fund,
and the net amount shall be credited to the Depart-
ment of Finance and Administration to be used to
help defray the cost of the driver license program
which shall be payable therefrom.
(g)(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:
(A) Four (4) years, in the amount of six dollars
($6.00); or
(B) 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 depos-
ited as special revenues to the credit of the Depart-
ment of Arkansas State Police Fund, to be used for
the payment of health insurance premiums for uni-
formed employees of the Department of Arkansas
State Police.
(h)(1) As used in this subsection:
(A) “Custody” means:
(i) Being an inmate of the Department of Cor-
rection and housed in a facility operated by the
Department of Correction; or
197 27-16-801DRIVER’S LICENSES GENERALLY
(ii) Being an inmate of the Department of Com-
munity Correction and housed in a detention
facility; and
(B) “Eligible inmate” means a person who is
within one hundred eighty (180) days of release
from custody by the Department of Correction or
the Department of Community Correction.
(2)(A) The office shall issue an identification card
to an eligible inmate who has previously been
issued an:
(i) Arkansas identification card; or
(ii) Arkansas driver’s license and the driving
privileges of the eligible inmate are suspended or
revoked.
(B) The office shall issue a driver’s license to an
eligible inmate who has previously been issued an
Arkansas driver’s license if the driving privileges
of the eligible inmate are:
(i) Not suspended or revoked; or
(ii) Suspended or revoked solely as a result of
an outstanding driver’s license reinstatement fee
imposed under the laws of this state.
(3) The Department of Correction and the De-
partment of Community Correction shall identify
eligible inmates to apply for a replacement or re-
newal driver’s license or identification card.
(4) Any fees for a replacement identification card
under § 27-16-805 shall be waived for an eligible
inmate.
(5) If the office issues a driver’s license to an
eligible inmate 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.
27-16-802. Instruction permits.
(a)(1) Any person who is at least fourteen (14)
years of age may apply to the Department of Arkan-
sas State Police for an instruction permit.
(2)(A) After the applicant has successfully passed
all parts of the examination other than the driving
test, the department 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 li-
censed 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.
(B) Six (6) months after an instruction permit
is issued under subdivision (a)(2)(A) of this sec-
tion, a driver who is at least sixteen (16) years of
age and has passed all parts of the written exami-
nation and the driving test is no longer subject to
the driving restrictions under subdivision
(a)(2)(A) of this section.
(3) Any passengers riding in the motor vehicle
while a permittee is driving shall wear seat belts at
all times.
(b)(1) The department, upon receiving proper ap-
plication, in its discretion, may issue a restricted
instruction permit effective for a school year or a
more restricted permit to an applicant who is en-
rolled in a driver education program that includes
practice driving and that is approved by the depart-
ment even though the applicant has not reached the
legal age to be eligible for a noncommercial license.
(2) The instruction permit shall entitle the per-
mittee 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 occu-
pying 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.
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 li-
censes, and intermediate licenses — Defini-
tions.
(a) 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.
(b)(1) The office may either issue a special re-
stricted license or may set forth restrictions upon
the usual license form.
(2)(A)(i) Upon the showing of need, the office may
waive any age restriction set forth in this chapter.
(ii) 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.
(B)(i) A license shall be issued only to an appli-
cant with a valid instruction permit or learner’s
license who:
19827-16-802 TRANSPORTATION
(a) Is at least fourteen (14) years of age; and
(b) Has remained free of a serious accident and
conviction of a serious traffic violation for at least
the previous six (6) months.
(ii) 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.
(iii) The driver shall not use a cellular tele-
phone device or other interactive wireless commu-
nication 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:
(a) Has reason to fear for his or her life, safety,
or property;
(b) 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
(c) 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.
(iv) 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:
(a) A sibling of the driver;
(b) A step-sibling of the driver; or
(c) A child who resides in the same household
as the driver.
(v) 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:
(a) Accompanied by a licensed driver who is
twenty-one (21) years of age or older;
(b) Driving to or from a school activity, church-
related activity, or job; or
(c) Driving due to an emergency.
(C) The waiver of the age restrictions for need
is subject to review upon a complaint from certain
officials under subsection (d) of this section.
(c) 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.
(d)(1) The office may, upon receiving satisfactory
evidence of any violation of the restrictions of a
license, suspend or revoke the license, but the licens-
ees shall be entitled to a hearing as upon a suspen-
sion or revocation under this chapter.
(2)(A) Upon receiving a complaint from a pros-
ecuting 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.
(B) 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 restric-
tions of the license.
(C) 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.
(e) 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.
(f)(1) The office shall have authority to issue a
restricted driver’s license, to be known as a “learn-
er’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 require-
ments of this chapter.
(3) The driver with a learner’s license shall oper-
ate the motor vehicle on the public streets and
highways only when:
(A) All passengers in the vehicle are wearing
their seat belts at all times; and
(B) The driver with a learner’s license is being
accompanied by a driver over twenty-one (21)
years of age.
(4)(A) 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.
(B) As used in this subdivision (f)(4), “emer-
gency purpose” means the driver:
(i) Has reason to fear for his or her life, safety,
or property;
(ii) 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
(iii) Is reporting:
199 27-16-804DRIVER’S LICENSES GENERALLY
(a) A fire;
(b) A traffic accident;
(c) A serious road hazard;
(d) A medical emergency;
(e) A hazardous materials emergency;
(f) Another driver who is recklessly, carelessly,
or unsafely driving; or
(g) Another driver who appears to be driving
under the influence of drugs or alcohol.
(C) This subdivision (f)(4) is not retroactive and
applies only to a person who:
(i) Applies for a learner’s license after July 1,
2002; and
(ii) Is issued a learner’s license after July 1,
2002.
(g)(1)(A) 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 “in-
termediate driver’s license”.
(B) The intermediate driver’s license shall be
issued only to an applicant with a valid instruc-
tion 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 exami-
nation requirements of this chapter.
(C) The driver with an intermediate driver’s
license shall operate the motor vehicle on the
public streets and highways only when all passen-
gers in the vehicle are wearing their seat belts.
(D)(i) 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.
(ii) As used in this subdivision (g)(1)(D), “emer-
gency purpose” means the driver:
(a) Has reason to fear for his or her life, safety,
or property;
(b) 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
(c) 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.
(E)(i) A driver with an intermediate driver’s
license shall not operate a motor vehicle on public
streets or highways with more than one (1) unre-
lated 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.
(ii) As used in this section, “unrelated minor
passenger” means a passenger who is under
twenty-one (21) years of age and who is not:
(a) A sibling of the driver;
(b) A step-sibling of the driver; or
(c) A child who resides in the same household
as the driver.
(F) A driver with an intermediate driver’s li-
cense 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:
(i) Accompanied by a licensed driver who is
twenty-one (21) years of age or older;
(ii) Driving to or from a school activity, church-
related activity, or job; or
(iii) Driving because of an emergency.
(2) Subdivisions (g)(1)(D)-(F) are not retroactive
and apply only to a person who:
(A) Applies for an intermediate license after
July 1, 2002; and
(B) 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.
27-16-805. Identification purposes only.
(a)(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).
(b)(1)(A) 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.
(B) For persons fourteen (14) years of age and
older, the card shall be valid for four (4) years from
the date of issue.
(C)(i) 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 guard-
ian, grandparent, or sibling over eighteen (18)
years of age must accompany the applicant to the
issuing location and sign the electronic applica-
tion.
(ii)(a) 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.
(b) The request for more than one (1) card shall
be made on the date the initial identification card
is issued.
(c) The fee for each card shall be five dollars
($5.00).
(2) 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.
20027-16-805 TRANSPORTATION
(c) 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.
(d)(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.
27-16-806. Duplicates or substitutes.
(a) 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 fur-
nishing proof satisfactory to the Office of Driver
Services that the permit or license has been lost or
destroyed.
(b) 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 Admin-
istration to be used to help defray the cost of the
color photograph driver license program, which
shall be payable therefrom.
(c) 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 Department of Arkansas State Police Fund.
(d) 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.
27-16-807. Issuance to nonresident and mili-
tary licensees.
(a)(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:
(A) Surrenders the license to the office;
(B) Pays the license fee prescribed in § 27-16-
801(a);
(C) Pays the other fees required by § 27-16-
801(e);
(D) Pays a transfer fee of five dollars ($5.00);
and
(E) Is tested and passes the minimum require-
ments of the eyesight test prescribed in this chap-
ter.
(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:
(A) 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;
(B) Surrenders the license to the office;
(C) Pays the license fee prescribed in § 27-16-
801(a);
(D) Pays the other fees required by § 27-16-
801(e);
(E) Pays a transfer fee of five dollars ($5.00);
and
(F) Is tested and passes the minimum require-
ments of the eyesight test prescribed in this chap-
ter.
(b) 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 — Defini-
tions. [Effective September 1, 2017 until
January 15, 2019.]
(a) 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 sus-
pended because of a conviction for any violation or
offense.
(b) All proceeds remitted to the office pursuant to
the provisions of 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 Trea-
sury as special revenues to the credit of the Depart-
ment of Arkansas State Police Fund.
(c)(1)(A) 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:
(i) A court order directing the office to suspend
the driving privileges of the person; or
(ii) The office’s entering a suspension order.
(B) The fee under this section is supplemental
to and in addition to any fee imposed under
201 27-16-808DRIVER’S LICENSES GENERALLY
§ 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-
508.
(2)(A) If a person’s driving privileges are sus-
pended 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 reinstate-
ment 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:
(i) Paid all other court costs, fines, and fees
associated with the criminal offense that led to his
or her driver’s license suspension;
(ii) Graduated from a specialty court program;
and
(iii) Provided the sentencing court with a rein-
statement letter from the Department of Finance
and Administration showing all outstanding sus-
pension or revocation orders.
(B) Subdivision (c)(2)(A) of this section does not
apply to:
(i) A reinstatement fee ordered under § 5-65-
119, § 5-65-304, § 5-65-310, or § 27-16-508; or
(ii) A fee ordered to reinstate commercial driv-
ing privileges.
(3) A person may not avail himself or herself of
the provisions of this section on more than one (1)
occasion.
(4) 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 outstand-
ing fees assessed under this section shall be set off
against a taxpayer’s state income tax refund.
(d) 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 drug court,
HOPE court, or veterans court operated by a circuit
court or district court as authorized by the Supreme
Court.
History. Acts 1995, No. 730, § 1; 2003, No. 1001, § 3; 2005, No.
1992, § 3; 2015, No. 1193, § 2; 2017, No. 915, § 2.
27-16-808. Reinstatement charge. [Effective
January 15, 2019.]
(a) 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 sus-
pended because of a conviction for any violation or
offense.
(b) All proceeds remitted to the office pursuant to
the provisions of 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 Trea-
sury as special revenues to the credit of the Depart-
ment of Arkansas State Police Fund.
(c)(1) The reinstatement fee under this section
shall be calculated by multiplying one hundred
dollars ($100) by each separate occurrence of of-
fenses 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) As used in this section, “occurrence” means
each separate calendar date when an offense or
offenses take place.
History. Acts 1995, No. 730, § 1; 2003, No. 1001, § 3; 2005, No.
1992, § 3.
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 coun-
tries for the reciprocal recognition of driver’s li-
censes.
History. Acts 1997, No. 1100, § 1.
27-16-810. [Repealed.]
Publisher’s Notes. This section, concerning voluntary contribu-
tions 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.
(a) 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 vio-
lence.
(b) 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:
(A) Is a victim of domestic violence, or is the
dependent of a victim of domestic violence; or
(B) 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.
20227-16-808 TRANSPORTATION
(c)(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.
(2)(A) The licensee shall provide to the Depart-
ment 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.
(B) The licensee shall update his or her resi-
dence address and post office box address with the
department if a change occurs.
(3)(A) The department shall only disclose the
residence address to a person who:
(i) Presents a compelling reason for access to
the residence address in an affidavit;
(ii) Presents valid identification to the depart-
ment; and
(iii) 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.
(B) The department shall maintain a record of
each and every person to whom the department
discloses the residence address.
(C) The department shall provide written no-
tice to the licensee that advises him or her of a
disclosure to a third party.
(D)(i) The department shall accept complaints
from the licensee if the licensee objects to the
disclosure to a third party.
(ii) The department shall refer a complaint to
the prosecuting attorney for prosecution for per-
jury or another offense relating to judicial or other
official proceedings under § 5-53-101 et seq. re-
lated to a false compelling reason stated in an
affidavit under subdivision (c)(3)(A)(i) of this sec-
tion.
(d) The Director of the Department of Finance
and Administration shall promulgate rules and
forms to administer the address confidentiality pro-
gram under this section.
History. Acts 2005, No. 1233, § 1.
27-16-812. Veteran designation.
(a)(1) A person may apply to the Office of Driver
Services to obtain a veteran designation on a driv-
er’s license or identification card issued under this
subchapter by providing:
(A) A Department of Defense discharge docu-
ment, otherwise known as a DD Form 214, that
shows a discharge status of “honorable” or “gen-
eral under honorable conditions” that establishes
the person’s service in the United States Armed
Forces; and
(B) 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 substi-
tute 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.
(b) 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 admin-
istration of this section.
History. Acts 2011, No. 12, § 2.
27-16-813. Medical exemption designation for
seat belt use.
(a)(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:
(A) Documentation from a physician as pro-
vided under § 27-37-702(b)(2); and
(B) 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 designa-
tion and his or her driver’s license has not expired,
the fee shall be as provided under § 27-16-806.
(b) 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 admin-
istration of this section.
(c) 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.
(a)(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:
(A) A signed form stating that he or she has
executed a living will; and
(B) 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.
(b) The office may:
(1) Determine the appropriate placement of the
living will designation on a driver’s license or iden-
tification card authorized under this section; and
(2) Promulgate the necessary rules for the admin-
istration of this section.
203 27-16-814DRIVER’S LICENSES GENERALLY
(c) 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 desig-
nation and decal.
(a)(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 driv-
er’s license or identification card of the person by
providing:
(A) Documentation from a physician that the
person meets the requirements of this section; and
(B) 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 com-
munication impediment designation and his or her
driver’s license or identification card has not ex-
pired, the fee shall be as provided under § 27-16-
806.
(b)(1) A person who qualifies for the issuance of a
communication impediment designation, or his or
her parent or guardian, may purchase a communi-
cation impediment decal for his or her license plate
for a fee of one dollar ($1.00).
(2) The Department of Finance and Administra-
tion shall design a decal to indicate that a person
present in a motor vehicle displaying a license plate
with a communication impediment decal under sub-
division (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.
(c) The purpose of the communication impedi-
ment designation and decal is to facilitate commu-
nication during an encounter between a law enforce-
ment officer, an emergency medical service provider,
or a firefighter and a person present in a motor
vehicle who has a medical condition that may im-
pede 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.
(d) The office may:
(1) Determine the appropriate placement of the
communication impediment designation on a driv-
er’s license or identification card authorized under
this section; and
(2) Promulgate the necessary rules for the admin-
istration of this section.
(e) 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.
27-16-816. Probationer and parolee restricted
permits.
(a)(1) If a person on probation or parole for an
offense that did not involve the operation of a motor
vehicle 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:
(A) A place where he or she is employed;
(B) A place where he or she, or his or her minor
child, attends school;
(C) A scheduled meeting with his or her proba-
tion or parole officer; or
(D) 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.
(b)(1)(A) 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 De-
partment of Community Correction.
(B) The Department of Finance and Adminis-
tration 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.
(2)(A) 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 driv-
ing 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 sus-
pended.
(B)(i) 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.
(ii) The person’s name and address on a re-
stricted 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.
(3) The Department of Finance and Administra-
tion may revoke a restricted driving permit under
this section at any time and for any reason.
(c) 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 misde-
meanor.
(d) A motor vehicle liability insurance carrier
may provide liability insurance for a person issued a
20427-16-815 TRANSPORTATION
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.
(e)(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.
(f) A restricted driving permit issued under this
section expires on the date on which the person is
released from probation or parole supervision.
(g) The Department of Community Correction
and the Department of Finance and Administration
may promulgate rules to implement this section.
History. Acts 2017, No. 1012, § 2.
S
UBCHAPTER 9 — EXPIRATION,
C
ANCELLATION, REVOCATION, OR SUSPENSION
SECTION
.
27-16-901
. Expiration and renewal of licenses.
27-16-902
. Extension of expiration date of licenses for military
members — Definition.
27-16-903
. Authority to cancel licenses.
27-16-904
. Death of person signing minor’s application.
27-16-905
. Mandatory revocation for conviction of certain offenses.
27-16-906
. [Repealed.]
27-16-907
. Suspension or revocation of licenses.
27-16-908
. Nonresidents also subject to suspension or revocation.
27-16-909
. Suspension or revocation of license for inability to
drive.
27-16-910
. Effect of suspension or revocation.
27-16-911
. Surrender and replacement of license.
27-16-912
. Application for new license following revocation.
27-16-913
. Right of appeal to court of record.
27-16-914
. Suspension of driver’s license of minor.
27-16-915
. Suspension for conviction of controlled substances of-
fense — Definitions.
27-16-901. Expiration and renewal of licenses.
(a)(1)(A) Except for the intermediate driver’s li-
cense 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 Director of the Depart-
ment of Finance and Administration provides by
rule for some other staggered basis of expiration.
(B)(i) 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.
(ii) Any person sixteen (16) years of age may
apply for an intermediate driver’s license, pro-
vided 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.
(C) 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
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.
(2)(A) The director 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.
(B)(i) 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).
(ii) The adjustment of the fee shall be carried
out in the manner determined by the director by
rule.
(b) Every driver’s license shall be renewable on or
before its expiration upon completion of an applica-
tion, 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 exami-
nation, unless the director has reason to believe that
the licensee is no longer qualified to receive a li-
cense.
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.
27-16-902. Extension of expiration date of li-
censes for military members — Definition.
(a) As used in this section, “military member”
means an active duty member of:
(1) The Air National Guard;
(2) The Army National Guard;
(3) A reserve component of the United States
Armed Forces; or
(4) A branch of the United States Armed Forces.
(b)(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.
(c) The Director of the Department of Finance
and Administration may promulgate rules neces-
sary for compliance with this section.
History. Acts 1969, No. 298, § 1; A.S.A. 1947, § 75-358; Acts
2017, No. 131, § 1.
205 27-16-902DRIVER’S LICENSES GENERALLY
27-16-903. Authority to cancel licenses.
(a)(1)(A) The Office of Driver Services is autho-
rized to cancel any driver’s license or identifica-
tion card upon determining that:
(i) The licensee was not entitled to the issuance
of the driver’s license or identification card under
this chapter;
(ii) The applicant failed to give the required or
correct information in his or her application or
committed any fraud in making the application; or
(iii) The licensee possessed, used, or created a
forged, altered, or fraudulent driver’s license.
(B) 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.
(2) The decision to suspend or revoke the original
license of the licensee shall be made in accordance
with the provisions of § 27-16-907.
(b) Upon cancellation, the licensee must surren-
der the license so cancelled.
(c) 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 commit-
ted 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.
27-16-904. Death of person signing minor’s
application.
(a) 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.
(b) 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 convic-
tion of certain offenses.
The Office of Driver Services shall forthwith re-
voke the license of any driver upon receiving a
record of the driver’s conviction of any of the follow-
ing 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 chap-
ter 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.
27-16-906. [Repealed.]
Publisher’s Notes. This section, concerning conviction in an-
other 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.
27-16-907. Suspension or revocation of li-
censes.
(a) 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.
(b) The office 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 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 or its agent to have
used or attempted to use a driver’s license or iden-
tification card issued under § 27-16-805 that was
fraudulent, counterfeit, or altered; or
(8) Was found by the office or its agent to have
used or attempted to use the driver’s license or
identification card of another person by representing
20627-16-903 TRANSPORTATION
it as the licensee’s own license or identification card
issued under § 27-16-805.
(c) The office 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
(2)(A) Is a person who is not lawfully present
within the United States.
(B) The office shall not grant a new application
for a license to a driver revoked under subdivision
(c)(2)(A) of this section unless the driver demon-
strates to the office that the driver is lawfully
present within the United States.
(C) 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.
(d) The office may secure from all state agencies
involved the necessary information to comply with
this section.
(e)(1) Upon the suspension or revocation of the
license of a person under this section, the office shall
notify the licensee in writing.
(2) Any licensee desiring a hearing shall notify
the office in writing within twenty (20) days after
receipt of the notice of suspension or revocation.
(3)(A) A hearing officer appointed by the Director
of the Department of Finance and Administration
shall schedule a hearing in an office of the Rev-
enue Division of the Department of Finance and
Administration designated by the director for the
hearings.
(B) The hearing shall be in the office in the
county of residence of the licensee unless the
director and licensee agree to another location for
the hearing or agree that the hearing shall be held
by telephone conference call.
(4) Based upon the evidence presented at the
hearing, the hearing officer shall modify, rescind, or
affirm the suspension or revocation of the license.
(f) Hearings conducted by the office under this
section shall not be subject to the Arkansas Admin-
istrative Procedure Act, § 25-15-201 et seq.
(g) The director may promulgate rules and regu-
lations 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.
27-16-908. Nonresidents also subject to sus-
pension 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 revo-
cation 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 li-
cense for inability to drive.
(a)(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 evalua-
tion by a hearing officer appointed by the Director of
the Department of Finance and Administration in
an office of the Revenue Division of the Department
of Finance and Administration designated by the
director.
(2)(A) Upon the conclusion of the initial evalua-
tion, the hearing officer shall determine:
(i) That the initial evaluation does not support
the suspension or revocation of the license and
that the license shall remain in effect; or
(ii) That the driver must submit to a medical
evaluation, a driving skills evaluation, or both a
medical evaluation and a driving skills evalua-
tion.
(B) If the hearing officer determines that the
driver must submit to a medical evaluation, driv-
ing 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.
(C) Refusal or neglect of the licensee to submit
to, and provide proof of completion of, an evalua-
tion required under this section is grounds for
suspension or revocation of the licensee’s license.
(b) Upon receipt by the office of evaluations re-
quired under subsection (a) of this section, the office
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 permit-
ted under § 27-16-804.
(c)(1) The office 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 in writing within twenty (20) days after
receipt of the notice of suspension or revocation.
(3)(A) A hearing officer appointed by the director
shall schedule a hearing in an office of the revenue
division designated by the director for hearings
under this section.
(B) The hearing shall be in the office in the
county of residence of the licensee unless the
director and licensee agree to another location for
the hearing or agree that the hearing shall be held
by telephone conference call.
207 27-16-909DRIVER’S LICENSES GENERALLY
(4) 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 under this
section are not subject to the Arkansas Administra-
tive Procedure Act, § 25-15-201 et seq.
(d)(1) The office shall not reinstate the license of a
person suspended under this section unless the
driver demonstrates to the office that the driver is
competent to operate a motor vehicle.
(2) The office shall not grant an application for a
new license to a driver whose license has been
revoked under this section unless the driver demon-
strates to the office that the driver is competent to
operate a motor vehicle.
(e) The director may promulgate rules and regu-
lations 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.
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 other-
wise during the suspension or after the revocation
until a new license is obtained when and as permit-
ted 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 li-
cense.
(a) The Office of Driver Services, upon suspend-
ing or revoking a license, shall require that the
license be surrendered to the office.
(b)(1) At the end of the period of suspension, the
office shall issue a duplicate driver’s license upon:
(A) Proof that the licensee has satisfied all legal
requirements for the re-issuance of a driver’s
license; and
(B) Payment of the fees imposed by § 27-16-
806(d).
(2)(A) 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 discre-
tion 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.
(B) 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 im-
posed by § 27-16-806(d).
(c) 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.
27-16-912. Application for new license follow-
ing 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.
27-16-913. Right of appeal to court of record.
(a)(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
Director of the Department of Finance and Admin-
istration 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 Proce-
dure Act, § 25-15-201 et seq.
(b) The filing of a petition of review shall not
operate as an automatic stay of the decision of the
hearing officer.
(c) 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 driv-
ing records are sent to the office under § 27-16-302.
(d)(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 prepon-
derance 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.
20827-16-910 TRANSPORTATION
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 De-
partment 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 li-
cense 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.
27-16-915. Suspension for conviction of con-
trolled substances offense — Definitions.
(a) As used in this section:
(1) “Drug offense” has the meaning as provided in
§ 5-64-710;
(2) “Specialty court” means one (1) of the follow-
ing:
(A) A pre-adjudication program under § 5-4-
901 et seq.;
(B) An approved drug court program under the
Arkansas Drug Court Act, § 16-98-301 et seq.;
(C) A probation program under the Swift and
Certain Accountability on Probation Pilot Pro-
gram under § 16-93-1701 et seq.; or
(D) A specialty court program that has been
approved by the Supreme Court, including with-
out limitation a specialty court program known as:
(i) A DWI court;
(ii) A mental health court;
(iii) A veteran’s court;
(iv) A juvenile drug court;
(v) A “HOPE” court; or
(vi) A “smarter sentencing” court.
(b)(1)(A) 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, shall prepare and
transmit to the Department of Finance and Ad-
ministration an order to suspend the driving privi-
leges 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 Ar-
kansas 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.
(B) Courts within the State of Arkansas shall
prepare and transmit to the department an order
within twenty-four (24) hours after the:
(i) Plea of guilty or nolo contendere;
(ii) Finding of guilt; or
(iii) Acceptance and enrollment in a specialty
court.
(C) Courts outside Arkansas having jurisdic-
tion over a person holding driving privileges is-
sued by the State of Arkansas shall prepare and
transmit an order pursuant to an agreement or
arrangement entered into between that state and
the Director of the Department of Finance and
Administration.
(D) 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.
(2)(A) 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:
(i) A mandatory court appearance;
(ii) A mandatory random drug-testing appear-
ance;
(iii) A place of employment or as required in the
scope of employment;
(iv) A scheduled session or meeting of a support
or counseling organization;
(v) 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;
(vi) A treatment program for persons who have
addiction or abuse problems related to a substance
or controlled substances;
(vii) 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
(viii) Enrollment, compliance, and participa-
tion in a specialty court program if the person is
accepted into a specialty court program.
(B)(i) 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.
209 27-16-915DRIVER’S LICENSES GENERALLY
(ii) The department shall transmit to the Ar-
kansas Crime Information Center an order for a
restricted driving permit within three (3) business
days after receipt of the order from the court.
(C) The court shall not issue a restricted driv-
ing permit under subdivision (b)(2)(A) of this
section if the person’s driving privileges are sub-
ject to:
(i) A revocation in the State of Arkansas or
another state;
(ii) A suspension wherein a court has prohib-
ited the issuance of a restricted driving permit;
(iii) A suspension for an offense committed out-
side of the State of Arkansas where the person is
restricted to the use of an ignition interlock de-
vice; or
(iv) A suspension under:
(a) Section 5-65-104;
(b) Section 5-65-205;
(c) Section 5-65-304;
(d) Section 5-65-310;
(e) Section 9-14-239;
(f) Section 27-16-905;
(g) Section 27-16-907(b)(4)-(6);
(h) Section 27-16-908;
(i) Section 27-16-909;
(j) Section 27-19-610;
(k) Section 27-19-707, unless the judgment
creditor has furnished written consent to allow a
restricted driving permit; or
(l) The Arkansas Uniform Commercial Driver
License Act, § 27-23-101 et seq.
(D) The court shall not issue a restricted permit
to operate a commercial motor vehicle.
(c) 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.
(d) 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 Com-
mercial Driver License Act, § 27-23-101 et seq., the
department, in addition to any actions taken pursu-
ant 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.
(e) Nothing contained in subsection (d) of this
section shall require the issuance or reissuance of
any commercial driver’s license to any person follow-
ing any suspension who is otherwise ineligible pur-
suant to other laws of this state to obtain such
issuance or reissuance.
(f) 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.
S
UBCHAPTER 10 — SPECIAL PROVISIONS
REGARDING CHAUFFEURS [REPEALED]
SECTION.
27-16-1001 — 27-16-1004
. [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.
S
UBCHAPTER 11 — DRIVER’S LICENSE
SECURITY AND MODERNIZATION ACT
SECTION
.
27-16-1101
. Title.
27-16-1102
. Definitions.
27-16-1103
. Time limit for requirements to be met.
27-16-1104
. Minimum document requirements.
27-16-1105
. Minimum issuance standards for driver’s licenses.
27-16-1106
. Additional requirements.
27-16-1107
. Linking of databases.
27-16-1108
. Rules.
27-16-1109
. Applicability to Medicaid identification cards.
27-16-1110
. Findings — Purpose of §§ 27-16-1111 and 27-16-1112.
27-16-1111
. Expiration of driver’s license when the applicant is not
a United States citizen.
27-16-1112
. Expiration of identification card when the applicant is
not a United States citizen.
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:
21027-16-1001 TRANSPORTATION
(1) “Driver’s license” means a motor vehicle op-
erator’s license, as defined in 49 U.S.C. § 30301, as
in effect on February 1, 2005;
(2) “Identification card” means a personal identi-
fication 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.
(a) 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 Janu-
ary 31, 2006.
(b)(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.
(c) 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 secu-
rity and modernization.
(d) The Department of Human Services may ac-
cept a driver’s license or identification card that was
not issued under the requirements of this subchap-
ter 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 require-
ments.
To meet the requirements of this subchapter, the
Office of Driver Services shall include at a minimum
the following information and features on each driv-
er’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.
(a)(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 require-
ments of this section the Office of Driver Services
shall require at a minimum presentation of the
following information before issuing a driver’s li-
cense or identification card to a person:
(A) 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;
(B) Documentation showing the person’s date
of birth;
(C) Proof of the person’s Social Security account
number or verification that the person is not
eligible for a Social Security account number; and
(D) Evidence of legal status that includes valid
documentary evidence that the person:
(i) Is a citizen of the United States;
(ii) Is an alien lawfully admitted for permanent
or temporary residence in the United States;
(iii) Has conditional permanent resident status
in the United States;
(iv) Has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the
United States;
(v) Has a pending or approved application for
asylum in the United States;
(vi) Has entered into the United States in refu-
gee status;
(vii) Has a pending or approved application for
temporary protected status in the United States;
(viii) Has approved deferred action status;
(ix) Has a pending application for adjustment
of status to that of an alien lawfully admitted for
permanent residence in the United States or con-
ditional permanent resident status in the United
States;
(x) Has a pending extension Form I-129, Peti-
tion for a Nonimmigrant Worker or a pending
Form I-539, Application to Extend/Change Non-
immigrant Status for dependents, as evidenced by
a valid I-797C, Notice of Action; or
(xi) Is a spouse or minor child described under
8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on Janu-
ary 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 the Bureau of Citizenship and Immigration
Services of the Department of Homeland Security.
211 27-16-1105DRIVER’S LICENSES GENERALLY
(2)(A) If ten (10) or more driver’s licenses are
issued with the same address of residence, the
applicant shall present documentation that estab-
lishes the person’s address of residence.
(B) The documentation requirements under
subdivision (a)(2)(A) of this section shall include,
but not be limited to:
(i) A lease;
(ii) A mortgage statement; or
(iii) A utility bill.
(3)(A)(i) 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.
(ii) The office shall accept alternate documents
only to establish identity or date of birth of the
person.
(iii)(a) An eligible inmate as defined under
§ 27-16-801(h)(1) may satisfy the identity docu-
ment requirement under this section by submit-
ting a sentencing order to the Office of Driver
Services before his or her release from incarcera-
tion.
(b) The exception to the identity document re-
quirement 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.
(B) 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.
(C)(i) The office shall determine whether the
alternate documents presented possess reason-
able indications of reliability.
(ii) The alternate documents are subject to rea-
sonable verification by the office.
(b)(1) For purposes of subsection (a) of this sec-
tion and except as provided in subdivision (b)(2) of
this section, the office shall presume that any driv-
er’s license or identification card for which an appli-
cation 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, sus-
pended, 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, dupli-
cation, or reissuance is neither a citizen of the
United States nor legally in the United States.
(c) To meet the requirements of this section, the
office shall implement the following procedures:
(1) The office shall not accept any foreign docu-
ment 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 Director
of the Department of Finance and Administration
shall enter into a memorandum of understanding
with the Secretary of Homeland Security to rou-
tinely utilize the automated system known as the
Verification Information System database of the
Systematic Alien Verification for Entitlements Pro-
gram, 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.
27-16-1106. Additional requirements.
To meet the requirements of this section regarding
the issuance of driver’s licenses and identification
cards, the Director 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;
(3)(A) Confirm with the Social Security Adminis-
tration a Social Security account number pre-
sented by a person using the full Social Security
account number.
(B) 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 identifi-
cation card, the office shall resolve the discrepancy
and take appropriate action;
(4) Refuse to issue a driver’s license or identifica-
tion card to a person holding a driver’s license issued
by another state without retaining the license issued
by another state;
(5) 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 identi-
fication cards are produced;
(6) 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
(7) 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.
21227-16-1106 TRANSPORTATION
27-16-1107. Linking of databases.
(a) The Director 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.
(b) The director 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 mo-
tor vehicle violations, suspensions, and points on
licenses.
History. Acts 2005, No. 2210, § 1.
27-16-1108. Rules.
The Director of the Department of Finance and
Administration shall promulgate rules to implement
and administer this subchapter.
History. Acts 2005, No. 2210, § 1.
27-16-1109. Applicability to Medicaid identifi-
cation 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.
(a) 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 Enforce-
ment, 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 En-
forcement, an agency of the Department of Home-
land Security, can be used to circumvent federal law
and cause confusion on the status of the individual
to whom it is issued.
(b) 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 docu-
ment 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.
(a) 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 ex-
piration 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 Immi-
gration Services of the Department of Homeland
Security according to:
(A)(i) The status completion date on a United
States Customs and Border Protection Form I-94,
Arrival/Departure Record or admission stamp.
(ii) If the applicant is the holder of a nonimmi-
grant 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
(B) 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 authoriza-
tion 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 Home-
land Security for the bona fide student.
(b) 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.
213 27-16-1111DRIVER’S LICENSES GENERALLY
27-16-1112. Expiration of identification card
when the applicant is not a United States
citizen.
(a) 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 ex-
piration 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 Cus-
toms Enforcement of the Department of Homeland
Security according to:
(A)(i) The status completion date on a United
States Customs and Border Protection Form I-94,
Arrival/Departure Record or admission stamp.
(ii) If the applicant is the holder of a nonimmi-
grant 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
(B) 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 authoriza-
tion 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 Home-
land Security for the bona fide student.
(b) 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 autho-
rized under federal law.
(c) 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.
S
UBCHAPTER 12 — ARKANSAS VOLUNTARY
ENHANCED SECURITY DRIVER’S LICENSE AND
IDENTIFICATION CARD ACT
SECTION
.
27-16-1201
. Title.
27-16-1202
. Purpose.
27-16-1203
. Definitions.
27-16-1204
. System development.
27-16-1205
. Application of statutory provisions governing driver’s
licenses and identification cards.
27-16-1206
. Application for voluntary enhanced security driver’s
license or identification card.
27-16-1207
. Issuance standards — Proof of physical address.
SECTION.
27-16-1208
. Evidence of lawful status.
27-16-1209
. Expiration and renewal.
27-16-1210
. Enhanced security card issuance and renewal fees.
27-16-1211
. Authority to promulgate rules.
27-16-1212
. Implementation date.
27-16-1213
. [Repealed.]
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 Fi-
nance and Administration;
(2) “Director” means the Director of the Depart-
ment of Finance and Administration;
(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.
27-16-1204. System development.
(a) Notwithstanding any other provision of law,
the Director of the Department of Finance and
Administration may perform any system develop-
ment necessary to implement the requirements of
this subchapter.
(b) As used in this section, “system development”
includes without limitation the following:
(1) Acquisition of equipment and information
technology systems and services;
21427-16-1112 TRANSPORTATION
(2) Modification, conversion, or upgrade of the
Department of Finance and Administration’s exist-
ing databases, equipment, and information technol-
ogy 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 per-
sonal information and identity documents; and
(6) Development and implementation of a com-
prehensive security plan to ensure the security and
integrity of the department’s:
(A) Employees;
(B) Facilities;
(C) Storage systems;
(D) Production of:
(i) Driver’s licenses;
(ii) Driver permits; and
(iii) Identification cards; and
(E) Collection and retention of personal infor-
mation and identity documents.
History. Acts 2009, No. 1308, § 1.
27-16-1205. Application of statutory provi-
sions governing driver’s licenses and identifi-
cation cards.
(a)(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 oth-
erwise issued under this Title 27 of the Arkansas
Code.
(b)(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.
(c)(1) In addition to the requirements of this sub-
chapter, the issuance, renewal, and use of a volun-
tary 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 commer-
cial driver’s licenses otherwise issued under this
Title 27 of the Arkansas Code.
(d) A voluntary enhanced security driver’s li-
cense, voluntary enhanced security commercial driv-
er’s license, or voluntary enhanced security identifi-
cation card issued under this subchapter is subject
to this Title 27 or Title 5 of the Arkansas Code
concerning the suspension, revocation, and rein-
statement of other driver’s licenses, commercial
driver’s licenses, or identification cards.
(e) In addition to the requirements of this sub-
chapter, a voluntary enhanced security driver’s li-
cense, voluntary enhanced security commercial driv-
er’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.
(f) If another provision of Arkansas law conflicts
with the provisions of this subchapter, the provi-
sions of this subchapter shall control.
History. Acts 2009, No. 1308, § 1.
27-16-1206. Application for voluntary en-
hanced security driver’s license or identifica-
tion card.
(a) As an alternative to applying for the standard
driver’s license, commercial driver’s license, or iden-
tification card under other subchapters of this chap-
ter, a person may apply for a voluntary enhanced
security driver’s license, voluntary enhanced secu-
rity commercial driver’s license, or voluntary en-
hanced security identification card under this sub-
chapter.
(b) The Office of Driver Services of the Depart-
ment of Finance and Administration shall not in-
clude an electronic chip or any type of radio fre-
quency 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.
(c) The office shall not collect the following bio-
metric data from applicants for any driver’s license,
identification card, enhanced security driver’s li-
cense, or enhanced security identification card is-
sued by the department:
(1) Voice data used to compare live speech;
(2) Iris recognition data such as iris scans, tex-
ture patterns, or retinal scans;
(3) Keystroke dynamics that measure pressure
applied to key pads;
(4) Hand geometry that measures hand charac-
teristics, including the shape and length of fingers in
three (3) dimensions; and
(5) Deoxyribonucleic acid or ribonucleic acid.
History. Acts 2009, No. 1308, § 1.
215 27-16-1206DRIVER’S LICENSES GENERALLY
27-16-1207. Issuance standards — Proof of
physical address.
(a) In addition to the information required under
§ 27-16-1105, an applicant for a voluntary enhanced
security driver’s license, voluntary enhanced secu-
rity commercial driver’s license, or voluntary en-
hanced security identification card under this sub-
chapter 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 attor-
ney 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 Director of the
Department of Finance and Administration deter-
mines to be adequate proof of physical address.
(b) The documentation furnished under subdivi-
sions (a)(1)-(11) of this section must be less than six
(6) months old unless otherwise specified under
subsection (a) of this section.
(c) An Arkansas post office box address is not
sufficient proof of physical address for purposes of
this section.
(d) The director may require additional proof of
physical address if the director questions the valid-
ity or authenticity of the proof of physical address
submitted by the applicant.
History. Acts 2009, No. 1308, § 1.
27-16-1208. Evidence of lawful status.
The Director of the Department of Finance and
Administration shall require before issuing a volun-
tary 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 condi-
tional permanent resident status in the United
States.
History. Acts 2009, No. 1308, § 1.
27-16-1209. Expiration and renewal.
(a) A voluntary enhanced security driver’s li-
cense, voluntary enhanced security commercial driv-
er’s license, and voluntary enhanced security iden-
tification card issued to a United States citizen or
United States national under this subchapter shall
expire at the time provided for other driver’s li-
censes, commercial driver’s licenses, and identifica-
tion cards issued under this Title 27 of the Arkansas
Code.
(b)(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 per-
son:
(A) Is an alien lawfully admitted for permanent
or temporary residence in the United States;
(B) Has conditional permanent resident status
in the United States;
(C) Has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the
United States;
(D) Has a pending or approved application for
asylum in the United States;
(E) Has entered into the United States in refu-
gee status;
(F) Has a pending or approved application for
temporary protected status in the United States;
(G) Has approved deferred action status; or
(H) Has a pending application for adjustment
of status to that of an alien lawfully admitted for
permanent residence in the United States or con-
ditional permanent resident status in the United
States.
(2)(A) If the applicant for issuance or renewal of a
voluntary enhanced security driver’s license, vol-
untary enhanced security commercial driver’s li-
21627-16-1207 TRANSPORTATION
cense, or voluntary enhanced security identifica-
tion 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.
(B) If the applicant for issuance or renewal of a
voluntary enhanced security driver’s license, vol-
untary enhanced security commercial driver’s li-
cense, or voluntary enhanced security identifica-
tion 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:
(i) The date of expiration indicated on the per-
son’s valid documentary evidence of legal status;
or
(ii) The expiration date listed in subdivisions
(b)(1) or (b)(2)(A) of this section.
(3) The Office of Driver Services shall verify the
legal presence of an applicant for renewal of a
voluntary enhanced security driver’s license, volun-
tary 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 Sys-
tem 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.
(c) A voluntary enhanced security driver’s license,
voluntary enhanced security commercial driver’s
license, or voluntary enhanced security identifica-
tion 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.
(d) The Director 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.
27-16-1210. Enhanced security card issuance
and renewal fees.
(a) The fee for the initial issuance of a voluntary
enhanced security driver’s license, voluntary en-
hanced security commercial driver’s license, or vol-
untary enhanced security identification card under
this subchapter is the same as the fee for initial
issuance of other driver’s licenses, commercial driv-
er’s licenses, and identification cards listed in this
Title 27 of the Arkansas Code.
(b) The fee for the renewal of a voluntary en-
hanced 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.
(c) The fee for the renewal of a voluntary en-
hanced 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).
(d) 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 Director 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.
27-16-1212. Implementation date.
This subchapter shall be effective and shall be
implemented only if the Director of the Department
of Finance and Administration:
(1) Determines that the voluntary enhanced iden-
tification and security features under this subchap-
ter 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.
27-16-1213. [Repealed.]
Publisher’s Notes. This section, concerning the expiration of
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.
217 27-16-1213DRIVER’S LICENSES GENERALLY
SUBCHAPTER 13 — ARKANSAS EMERGENCY
CONTACT INFORMATION SYSTEM [EFFECTIVE
UNTIL
JANUARY 29, 2018.]
SECTION.
27-16-1301
. Title. [Effective until January 29, 2018.]
27-16-1302
. Purpose. [Effective until January 29, 2018.]
27-16-1303
. System development. [Effective until January 29,
2018.]
27-16-1304
. Definitions. [Effective until January 29, 2018.]
27-16-1305
. Use of the information. [Effective until January 29,
2018.]
27-16-1306
. Authority to promulgate rules. [Effective until Janu-
ary 29, 2018.]
27-16-1307
. Implementation date. [Effective until January 29,
2018.]
27-16-1308
. Voluntary participation. [Effective until January 29,
2018.]
27-16-1309
. Responsibility for accuracy of information. [Effective
until January 29, 2018.]
27-16-1301. Title. [Effective until January 29,
2018.]
This subchapter shall be known and may be cited
as the “Arkansas Emergency Contact Information
System Act”.
History. Acts 2013, No. 590, § 1.
27-16-1302. Purpose. [Effective until January
29, 2018.]
The purpose of this subchapter is to create the
Arkansas 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.
27-16-1303. System development. [Effective
until January 29, 2018.]
The Department of Arkansas State Police in con-
junction with other entities may establish the Ar-
kansas Emergency Contact Information System.
History. Acts 2013, No. 590, § 1.
27-16-1304. Definitions. [Effective until Janu-
ary 29, 2018.]
As used in this subchapter, “emergency”:
(1) Means an unforeseen circumstance in which:
(A) A victim sustains injuries that render him
or her unable to independently communicate with
emergency contacts;
(B) Contact information for next of kin or other
designated emergency contact is not otherwise
available; and
(C) Immediate communication with a next of
kin or other designated emergency contact is nec-
essary to support the provision of notification by
law enforcement; and
(2) Includes without limitation:
(A) A motor vehicle accident;
(B) An accident involving another mode of
transportation;
(C) A natural disaster; or
(D) Being a victim of a criminal act.
History. Acts 2013, No. 590, § 1.
27-16-1305. Use of the information. [Effective
until January 29, 2018.]
(a) Information in the Arkansas Emergency Con-
tact Information System shall be accessible only to
law enforcement for emergency notification pur-
poses or pursuant to a court order and shall not be
used in a criminal investigation or for any other
purpose.
(b) Law enforcement may share information con-
tained in the system with other law enforcement
officers on the scene as needed to conduct emergency
notifications.
History. Acts 2013, No. 590, § 1.
27-16-1306. Authority to promulgate rules.
[Effective until January 29, 2018.]
The Department of Arkansas State Police is au-
thorized to promulgate rules to implement and ad-
minister the purpose and intent of this subchapter.
History. Acts 2013, No. 590, § 1.
27-16-1307. Implementation date. [Effective
until January 29, 2018.]
Implementation of the Arkansas Emergency Con-
tact Information System may begin after funding
has been obtained.
History. Acts 2013, No. 590, § 1.
27-16-1308. Voluntary participation. [Effec-
tive until January 29, 2018.]
(a) Participation in the Arkansas Emergency
Contact Information System is voluntary.
(b) 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.
27-16-1309. Responsibility for accuracy of in-
formation. [Effective until January 29, 2018.]
(a) Each participant has the exclusive responsi-
bility for:
21827-16-1301 TRANSPORTATION
(1) Initiating, entering, modifying, and deleting
emergency contact records in the Arkansas Emer-
gency Contact Information System; and
(2) The accuracy and completeness of all informa-
tion submitted.
(b) 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.
(c) 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.
S
UBCHAPTER 13 — EMERGENCY CONTACT
INFORMATION SYSTEM ACT [EFFECTIVE
JANUARY 29, 2018.]
SECTION.
27-16-1301
. Title. [Effective January 29, 2018.]
27-16-1302
. Purpose. [Effective January 29, 2018.]
27-16-1303
. System development. [Effective January 29, 2018.]
27-16-1304
. Definitions. [Effective January 29, 2018.]
27-16-1305
. Use of the information. [Effective January 29, 2018.]
27-16-1306
. Authority to promulgate rules. [Effective January 29,
2018.]
27-16-1307
. [Repealed.] [Effective January 29, 2018.]
27-16-1308
. Voluntary participation. [Effective January 29, 2018.]
27-16-1309
. Responsibility for accuracy of information. [Effective
January 29, 2018.]
27-16-1301. Title. [Effective January 29, 2018.]
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.
27-16-1302. Purpose. [Effective January 29,
2018.]
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 partici-
pant in times of emergency.
History. Acts 2013, No. 590, § 1; 2017, No. 626, § 2.
27-16-1303. System development. [Effective
January 29, 2018.]
The Department of Arkansas State Police in con-
junction with other entities, including without limi-
tation the Department of Finance and Administra-
tion, may establish an emergency contact
information system.
History. Acts 2013, No. 590, § 1; 2017, No. 626, § 3.
27-16-1304. Definitions. [Effective January 29,
2018.]
As used in this subchapter, “emergency”:
(1) Means a circumstance in which:
(A) A person:
(i) Sustains injuries that render him or her
unable to independently communicate with emer-
gency contacts; or
(ii) Exhibits a symptom that renders him or her
unable to independently communicate with emer-
gency contacts, including without limitation:
(a) Memory loss;
(b) Loss of ability to understand or express
speech;
(c) Disorientation; or
(d) Confusion and agitation;
(B) Contact information for next of kin or other
designated emergency contact is not otherwise
available; and
(C) Immediate communication with a next of
kin or other designated emergency contact is nec-
essary to support the provision of notification by
law enforcement; and
(2) Includes without limitation:
(A) A motor vehicle accident;
(B) An accident involving another mode of
transportation;
(C) A natural disaster; or
(D) Being a victim of a criminal act.
History. Acts 2013, No. 590, § 1; 2017, No. 626, § 3.
27-16-1305. Use of the information. [Effective
January 29, 2018.]
(a) Information in an emergency contact informa-
tion system shall be accessible only to law enforce-
ment for emergency notification purposes or by a
court order and shall not be used in a criminal
investigation or for any other purpose.
(b) Law enforcement may share information con-
tained 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.
27-16-1306. Authority to promulgate rules.
[Effective January 29, 2018.]
The Department 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 imple-
ment and administer the purpose and intent of this
subchapter.
History. Acts 2013, No. 590, § 1; 2017, No. 626, § 5.
219 27-16-1306DRIVER’S LICENSES GENERALLY
27-16-1307. [Repealed.] [Effective January 29,
2018.]
Publisher’s Notes. This section, concerning implementation
date, is repealed by Acts 2017, No. 626, § 6, effective January 29,
2018. The section is derived from Acts 2013, No. 590, § 1.
27-16-1308. Voluntary participation. [Effec-
tive January 29, 2018.]
(a) Participation in an emergency contact infor-
mation system is voluntary.
(b) 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.
27-16-1309. Responsibility for accuracy of in-
formation. [Effective January 29, 2018.]
(a) Each participant has the exclusive responsi-
bility for:
(1) Initiating, entering, modifying, and deleting
emergency contact records in an emergency contact
information system; and
(2) The accuracy and completeness of all informa-
tion submitted.
(b) 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.
(c) 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.
CHAPTER 17
DRIVER LICENSE COMPACT
SECTION
.
27-17-101
. Adoption.
27-17-102
. Licensing authority.
27-17-103
. Executive head.
27-17-104
. Compensation of administrator.
27-17-105
. Report of actions concerning drivers’ licenses.
27-17-106
. Incorporation of similar statutes.
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
(a) 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 opera-
tion of motor vehicles.
(2) Violation of such a law or ordinance is evi-
dence that the violator engages in conduct which is
likely to endanger the safety of persons and prop-
erty.
(3) The continuance in force of a license to drive is
predicated upon compliance with laws and ordi-
nances relating to the operation of motor vehicles, in
whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordi-
nances, 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:
(a) “State” means a state, territory, or possession
of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico.
(b) “Home state” means the state which has is-
sued and has the power to suspend or revoke the use
of the license or permit to operate a motor vehicle.
(c) “Conviction” means a conviction of any offense
related to the use or operation of a motor vehicle
which is prohibited by state law, municipal ordi-
nance, 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 con-
victed; 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.
22027-16-1307 TRANSPORTATION
ARTICLE IV
Effect of Conviction
(a) 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 influ-
ence 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.
(b) 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.
(c) 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 subdi-
vision (a) hereof as being applicable to and identify-
ing 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 licens-
ing 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 applica-
tion 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 re-
fuse 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 invali-
date 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
(a) The head of the licensing authority of each
party state shall be the administrator of this com-
pact for his or her state. The administrators, acting
jointly, shall have the power to formulate all neces-
sary and proper procedures for the exchange of
information under this compact.
(b) The administrator of each party state shall
furnish to the administrator of each other party
state any information or documents reasonably nec-
essary to facilitate the administration of this com-
pact.
ARTICLE VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force and be-
come effective as to any state when it has enacted
the same into law.
(b) Any party state may withdraw from this com-
pact 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 with-
drawal 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 applicabil-
221 27-17-101DRIVER LICENSE COMPACT
ity 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 cir-
cumstance 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.
27-17-102. Licensing authority.
(a) 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.
(b) 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 con-
nection 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 driv-
ers’ licenses.
Any court or other agency of this state, or a
subdivision thereof, which has jurisdiction to take
any action suspending, revoking, or otherwise lim-
iting 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 Fi-
nance 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, regard-
ing perjury or the making of a false affidavit or
statement under oath to the Office of Driver Ser-
vices, 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
SECTION.
27-18-101
. Establishment.
27-18-102
. Interagency cooperation.
27-18-103
. Inclusion of conservation and maintenance materials.
27-18-104
. Funding.
27-18-105
. Limitation on contracts and other obligations.
27-18-106
. Fees.
27-18-107
. Instruction as to removal of vehicle from roadway.
27-18-108
. Instruction manual.
27-18-109
. Driver’s instruction manual.
27-18-110
. Instruction on accessible parking for persons with
disabilities.
27-18-111
. Instruction on traffic stop safety.
27-18-101. Establishment.
(a)(1) The Arkansas State Police Commission is
authorized to establish a program of driver educa-
tion 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 and regulations, not
inconsistent with law, for furthering the driver edu-
cation program as authorized by this chapter.
(b) The driver education program, as established
by the commission, shall be made available primar-
ily 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.
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.
22227-17-102 TRANSPORTATION
27-18-103. Inclusion of conservation and
maintenance materials.
(a) 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 auto-
mobile care and maintenance.
(b) 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 pre-
pare 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 Com-
mission for its operation and maintenance, includ-
ing 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.
(a) No contracts may be awarded or obligations
otherwise incurred in relation to the program de-
scribed in this chapter in excess of the State Trea-
sury funds actually available as provided by law.
(b) The Arkansas State Police Commission shall
have the power to accept and use grants and dona-
tions, and to use its unobligated cash income or
other funds available to it, for the purpose of supple-
menting 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.
(a)(1) For any of the purposes set out in § 27-18-
101, the Arkansas State Police Commission is au-
thorized to charge a fee of five dollars ($5.00) for any
student of:
(A) An accredited high school;
(B) A state or privately supported college, uni-
versity, or junior college; and
(C) Any vocational-technical training school en-
gaging 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 quali-
fied 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.
(b) 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 ve-
hicle 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.
27-18-108. Instruction manual.
The driver’s instruction manual of the Depart-
ment 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, pre-
scription drugs, and nonprescription drugs on the
ability of a person to operate a motor vehicle;
(2) The hazards of driving while under the influ-
ence;
(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.
(a) The driver’s instruction manual issued by the
Department of Arkansas State Police shall include
information related to organ and tissue donation
education.
223 27-18-109DRIVER EDUCATION PROGRAM
(b) The Department of Arkansas State Police may
coordinate with the Department of Health and the
Arkansas Regional Organ Recovery Agency in devel-
oping information to include in the manual.
(c) Information regarding organ donation educa-
tion 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.
27-18-110. Instruction on accessible parking
for persons with disabilities.
(a) The driver’s instruction manual issued by the
Department of Arkansas State Police shall include
information related to accessible parking for a per-
son 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.
(b) The department may coordinate with the Ar-
kansas Governor’s Commission on People with Dis-
abilities in developing information to include in the
manual.
History. Acts 2007, No. 753, § 6.
27-18-111. Instruction on traffic stop safety.
(a) The driver’s instruction manual issued by the
Department of Arkansas State Police and the exami-
nation for a driver’s license shall include informa-
tion related to traffic stop safety guidelines for
drivers and passengers developed by the depart-
ment.
(b) The department may determine the most ef-
fective means to disseminate information regarding
traffic stop safety guidelines, including without limi-
tation posting information on the website of the
department.
History. Acts 2017, No. 490, § 3.
CHAPTER 19
MOTOR VEHICLE SAFETY
RESPONSIBILITY ACT
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. DEFINITIONS.
3. PENALTIES AND ADMINISTRATIVE SANCTIONS.
4. ADMINISTRATION.
5. ACCIDENT REPORTS.
6. SECURITY FOLLOWING ACCIDENT.
7. PROOF OF FUTURE FINANCIAL RESPONSIBILITY.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-19-101
. Title.
27-19-102
. Construction.
27-19-103
. Civil actions not precluded.
27-19-104
. Provisions deemed supplemental.
27-19-105
. Nonapplicable to vehicles insured under other laws.
27-19-106
. Assigned risk plans.
27-19-107
. Self-insurers.
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.
27-19-102. Construction.
(a) This chapter shall be so interpreted and con-
strued as to effectuate its general purpose to make
uniform the laws of those states which enact it.
(b) 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.
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.
27-19-106. Assigned risk plans.
(a)(1) After consultation with the insurance com-
panies authorized to issue automobile liability poli-
22427-18-110 TRANSPORTATION
cies 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 automo-
bile 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 occu-
pant and uninsured motorist coverage in amounts
as the commissioner may by plan prescribe, so as to
afford a comprehensive minimum package of insur-
ance coverage.
(3) When any such plan has been approved, all
the insurance companies shall subscribe thereto and
participate therein.
(b)(1)(A) Any applicant for such policy, any person
insured under any such plan, and any insurance
company affected, may appeal to the commis-
sioner from any ruling or decision of the manager
or committee designated to operate the plan.
(B) 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.
(C) Upon any subsequent appeal to the com-
missioner, he or she shall be furnished the written
transcript of the proceedings before the plan and
the written memorandum of decision.
(D) The commissioner shall, within thirty (30)
days after submission of the transcript and memo-
randum of decision, render his or her decision on
the appeal, which decision shall be based on the
transcript and memorandum of decision submit-
ted.
(E) The commissioner shall promptly notify the
plan and the appellant applicant, insured or in-
surer, in writing of his or her decision on appeal.
(2)(A) 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.
(B) The court shall determine whether the fil-
ing of the appeal shall operate as a stay of any
order or act of the commissioner, and the court
shall summarily hear the matter.
(C) 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.
(c) 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.
27-19-107. Self-insurers.
(a) Any religious denomination which has more
than twenty-five (25) members who own motor ve-
hicles 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 subdivi-
sion or municipality of this state, individually or
collectively, may qualify as a self-insurer by obtain-
ing a certificate of self-insurance issued by the Office
of Motor Vehicle as provided in subsection (b) of this
section.
(b)(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, per-
son, political subdivision, or municipality is pos-
sessed 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 subdivi-
sion, or municipality, individually or collectively, to
act as a self-insurer for either property damage or
bodily injury, or both.
(c)(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 cancel-
lation 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.
S
UBCHAPTER 2 — DEFINITIONS
SECTION
.
27-19-201
. Definitions generally.
27-19-202
. Commissioner.
27-19-203
. Chauffeur.
27-19-204
. Driver.
27-19-205
. License.
27-19-206
. Motor vehicle.
27-19-207
. Nonresident.
27-19-208
. Nonresident’s operating privilege.
27-19-209
. Office.
27-19-210
. Operator.
27-19-211
. Owner.
27-19-212
. Person.
27-19-213
. Registration.
27-19-214
. Vehicle.
27-19-201. Definitions generally.
As used in this chapter, the words and phrases
defined in this subchapter shall have the meanings
225 27-19-201MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
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 Director of the Depart-
ment 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.
27-19-203. Chauffeur.
“Chauffeur” means every person who is employed
for the principal purpose of operating a motor ve-
hicle 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 bound-
aries 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.
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 li-
cense 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 de-
fined 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.
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 exercis-
ing 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, co-
partnership, association, corporation, or any politi-
cal subdivision of the State of Arkansas, individually
or collectively, which shall include all counties, mu-
nicipal 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.
22627-19-202 TRANSPORTATION
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.
S
UBCHAPTER 3 — PENALTIES AND
ADMINISTRATIVE SANCTIONS
SECTION
.
27-19-301
. Penalty generally.
27-19-302
. Penalty for failure to report accident.
27-19-303
. Penalty for erroneous report or forgery.
27-19-304
. Penalty for operating motor vehicle when license or
registration suspended or revoked.
27-19-305
. Penalty for failure to return license or registration.
27-19-306
. Surrender of license and registration.
27-19-307
. Transfer of registration to defeat provisions prohibited.
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 acci-
dent.
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 know-
ing 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 be-
lieve 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 ve-
hicle 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 per-
mits 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 li-
cense 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 registra-
tion.
(a) 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 can-
celled or terminated, shall immediately return his or
her license and registration to the Office of Driver
Services.
(b) If any person shall fail to return to the office
the license or registration as provided in this sec-
tion, 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.
27-19-307. Transfer of registration to defeat
provisions prohibited.
(a) 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
227 27-19-307MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
faith and not for the purpose or with the effect of
defeating the purposes of this chapter.
(b) Nothing in this section shall in any wise affect
the rights of any conditional vendor, chattel mort-
gagee, or lessor of a vehicle registered in the name of
another as owner who becomes subject to the provi-
sions of this chapter.
(c) 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.
S
UBCHAPTER 4 — ADMINISTRATION
SECTION
.
27-19-401
. Responsibility.
27-19-402
. Rules and regulations.
27-19-403
. Forms.
27-19-404
. Procedure for suspension of license.
27-19-405
. Requests of persons aggrieved.
27-19-406
. Operating record to be furnished.
27-19-407
. Public inspection of records.
27-19-408
. Court review.
27-19-401. Responsibility.
The Director 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.
27-19-402. Rules and regulations.
The Director of the Department of Finance and
Administration may make rules and regulations
necessary for the administration of this chapter.
History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947,
§ 75-1415.
27-19-403. Forms.
The Director of the Department of Finance and
Administration shall prescribe and provide suitable
forms requisite or deemed necessary for the pur-
poses of this chapter.
History. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947,
§ 75-1415.
27-19-404. Procedure for suspension of li-
cense.
No suspension provided for under any of the
provisions of this chapter shall be issued by the
Office of Driver Services until the following provi-
sions of this section have been complied with:
(1) The office 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 Director of
the Department of Finance and Administration
shall schedule a hearing in an office of the Revenue
Division of the Department of Finance and Admin-
istration designated by the director for the hearings.
The hearing shall be in the office in the county of
residence of the licensee unless the director and
licensee agree to another location for the hearing or
agree that the hearing shall be held by telephone
conference call.
(4)(A) The licensee may, if he or she wishes,
submit his or her cause to the office for determi-
nation upon the investigating officer’s report,
thereby waiving a formal hearing.
(B) The a determination shall have all of the
force and effect of a formal hearing;
(5) Any licensee desiring a hearing under the
provisions of this section shall notify the Depart-
ment of Finance and Administration in writing
within twenty (20) days of receipt of the notice of
security requirement or suspension. Hearings con-
ducted under this section shall not be subject to the
Arkansas Administrative Procedure Act, § 25-15-
201 et seq.; and
(6)(A) The licensee may request a hearing after
the twenty-day period has passed.
(B) 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.
27-19-405. Requests of persons aggrieved.
The Director of the Department of Finance and
Administration shall receive and consider any per-
tinent information upon request of persons ag-
grieved 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.
27-19-406. Operating record to be furnished.
(a) The Office of Driver Services shall, upon re-
quest, furnish any person a certified abstract of the
operating record of any person subject to the provi-
sions of this chapter, which shall include enumera-
tion of any motor vehicle accidents in which the
person has been involved and reference to any
22827-19-401 TRANSPORTATION
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.
(b) 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.
(a) Any order or act of the Director of the Depart-
ment of Finance and Administration under the pro-
visions 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.
(b) The filing of a petition of review shall not
operate as an automatic stay of any order or act of
the director.
(c) A determination shall be made by the circuit
judge on the issue of whether a stay should be
granted.
(d) The circuit judge is vested with the jurisdic-
tion to determine whether the petitioner is entitled
to a license or whether the act or order of the
director 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.
S
UBCHAPTER 5 — ACCIDENT REPORTS
SECTION
.
27-19-501
. Report required.
27-19-502
. Form of report.
27-19-503
. Presumption of uninsured.
27-19-504
. Proof of insurance.
27-19-505
. Insurance report.
27-19-506
. Failure of insurance carrier to file reports.
27-19-507
. Additional information.
27-19-508
. Suspension for failure to report.
27-19-509
. Incapacity to report.
27-19-510
. Confidentiality of information.
27-19-501. Report required.
The driver of a vehicle of a type subject to regis-
tration 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 Director of the Department of
Finance and Administration subject to the exemp-
tions 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.
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 exis-
tence 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.
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 insur-
ance 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.
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.
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 insur-
ance carrier is negligent in filing the required re-
ports and may refuse to accept any further filings of
229 27-19-506MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
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 informa-
tion 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.
27-19-509. Incapacity to report.
(a) An accident report is not required under this
subchapter from any person who is physically inca-
pable of making a report during the period of inca-
pacity.
(b) 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.
27-19-510. Confidentiality of information.
Accident reports and supplemental information in
connection therewith required under this subchap-
ter 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.
S
UBCHAPTER 6 — SECURITY FOLLOWING
ACCIDENT
SECTION
.
27-19-601
. Applicability generally.
27-19-602
. Applicability to nonresidents, unlicensed drivers, un-
registered vehicles, and accidents in other states.
27-19-603
. Determination and notice of amount of security re-
quired.
SECTION.
27-19-604
. Exceptions to security requirement.
27-19-605
. Requirements as to policy or bond.
27-19-606
. Designation of persons covered.
27-19-607
. Form and amount of security.
27-19-608
. Reduction in premium for certain persons completing
accident prevention course.
27-19-609
. Authority to adjust amount limited.
27-19-610
. Suspension for failure to deposit security.
27-19-611
. Duration of suspension.
27-19-612
. Agreements for payment of damages.
27-19-613
. Release from liability.
27-19-614
. Adjudication of nonliability.
27-19-615
. Payment upon judgment.
27-19-616
. Termination of security requirements.
27-19-617
. Disposition of security.
27-19-618
. Return of deposit.
27-19-619
. Forfeiture when not claimed within certain period.
27-19-620
. Corrective administrative action.
27-19-621
. Matters not to be evidence in civil actions.
27-19-601. Applicability generally.
The provisions of this subchapter requiring de-
posit of security and suspensions for failure to de-
posit 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 re-
sulted 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.
27-19-602. Applicability to nonresidents, unli-
censed drivers, unregistered vehicles, and
accidents in other states.
(a) 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 neces-
sary 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.
(b) 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.
(c)(1) Upon receipt of certification that the oper-
ating 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 judg-
23027-19-507 TRANSPORTATION
ments 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 sus-
pend 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 resi-
dent 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.
(a)(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 secu-
rity required to be deposited shall be:
(A) If the accident resulted in bodily injury or
death to one (1) person, twenty-five thousand
dollars ($25,000);
(B) 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);
(C) 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
(D) If the accident resulted in both bodily injury
or death and in the destruction of property, a
combination of the amounts specified in subdivi-
sions (a)(1)(A)-(C) of this section.
(2) Determination shall not be made with respect
to drivers or owners who are exempt under provi-
sions of any other section of this chapter from the
requirements as to security or suspension of motor
vehicle registration and driving privilege.
(b)(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.
(c) 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.
27-19-604. Exceptions to security require-
ment.
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;
231 27-19-604MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
(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.
27-19-605. Requirements as to policy or bond.
(a) 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.
(b) 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 autho-
rized 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
Director of the Department of Finance and Admin-
istration to accept service on its behalf of notice or
process in any action upon the policy or bond arising
out of an accident.
(c) 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.
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 secu-
rity 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 re-
sulted 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.
(a)(1) Any schedule of rates or rating plan for
automobile liability and physical damage insurance
submitted to or filed with the Insurance Commis-
sioner 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 acci-
dent 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.
(b) The approved course shall be taught by an
instructor approved by the office.
(c) 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 instruc-
tion for a minimum number of hours as determined
by the office.
(d) 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.
(e) 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 lim-
ited.
(a) The Office of Driver Services may adjust the
amount of security ordered in any case within six (6)
23227-19-605 TRANSPORTATION
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.
(b) 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.
(a) In the event that any person required to
deposit security under this subchapter fails to de-
posit 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.
(b) Suspensions shall be made in respect to per-
sons required by the office to deposit security who
fail to deposit the security, except as otherwise
provided under this subchapter.
(c) 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 suspen-
sion 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
(2)(A) One (1) year shall have elapsed following
the date of the suspension, and evidence satisfac-
tory to the Office of Driver Services has been filed
with it that during the period no action for dam-
ages arising out of the accident resulting in the
suspension has been instituted.
(B)(i) An affidavit of the applicant that no ac-
tion 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.
(ii) 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 dam-
ages.
(a) 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 install-
ments, and may file a signed copy thereof with the
Office of Driver Services.
(b) 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.
(c)(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:
(A) Security is deposited as required under this
subchapter in such amount as the office may then
determine is required under this subchapter;
(B) When, following any such default and sus-
pension, the person in default has paid the bal-
ance of the agreed amount; or
(C) One (1) year has elapsed following the ef-
fective date of the suspension, and evidence satis-
factory 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.
233 27-19-612MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
27-19-613. Release from liability.
(a) A person shall be relieved from the require-
ment for deposit of security for the benefit or protec-
tion of another person injured or damaged in the
accident in the event he or she is released from
liability by the other person.
(b) A covenant not to sue shall relieve the parties
thereto as to each other from the security require-
ments of this subchapter.
(c) In the event the Office of Driver Services
determines the injuries or damage to any minor is
less than the amount required for depositing secu-
rity 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 require-
ments.
(a) 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 depos-
ited by the person, the office shall immediately
return the deposit to him or her or to his or her
personal representative.
(b) 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 inju-
ries, 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 subse-
quently 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.
(a) 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.
(b) 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.
(a) Upon the expiration of one (1) year from the
date of any deposit of security, any security remain-
ing on deposit shall be returned to the person who
made the deposit, or to his or her personal represen-
tative, 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 acci-
dent 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.
(b) Subsection (a) of this section shall not be
construed to limit the return of any deposit of
security under any other provision of this subchap-
ter 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.
(a)(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
23427-19-613 TRANSPORTATION
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.
(2)(A) If the person fails to claim the deposit
within five (5) years from the date of the termina-
tion of the requirement for the deposit of the
security, then the amount so deposited shall be
forfeited to the State of Arkansas.
(B) Any and all amounts forfeited shall be de-
posited into the State Treasury to the credit of the
General Revenue Fund Account of the State Ap-
portionment Fund.
(3) 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 regis-
tered 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.
(b) 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 Audi-
tor 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.
(a) 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 re-
ceived insufficient information, then correcting in-
formation 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.
(b) Subsection (a) of this section shall not, how-
ever, be deemed to require the office to either rede-
termine 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 pursu-
ant 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.
S
UBCHAPTER 7 — PROOF OF FUTURE
FINANCIAL RESPONSIBILITY
SECTION
.
27-19-701
. Definitions.
27-19-702
. Applicability.
27-19-703
. Suspension or revocation of license for conviction or
bail forfeiture — Exceptions.
27-19-704
. Action as to unlicensed person.
27-19-705
. Action as to nonresidents.
27-19-706
. Courts to report nonpayment of judgments.
27-19-707
. Suspension for nonpayment of judgments — Excep-
tions.
27-19-708
. Effect of discharge in bankruptcy.
27-19-709
. Payments sufficient to satisfy judgments.
27-19-710
. Payment in installments.
27-19-711
. Proof to be furnished for each vehicle.
27-19-712
. Certificate of insurance as proof.
27-19-713
. Motor vehicle liability policy.
27-19-714
. [Repealed.]
27-19-715
. Other policies not affected.
27-19-716
. [Repealed.]
27-19-717
. [Repealed.]
27-19-718
. Owner may give proof for others.
27-19-719 — 27-19-721
. [Repealed.]
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;
(2)(A) “Proof of financial responsibility for the
future” means proof of ability to respond in dam-
ages 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 in-
jury 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.
235 27-19-701MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
(B) 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
(3) “State” means any state, territory, or posses-
sion 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.
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.
27-19-703. Suspension or revocation of li-
cense for conviction or bail forfeiture — Ex-
ceptions.
(a) 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 registra-
tion 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.
(b) The suspension or revocation required in sub-
section (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 responsi-
bility 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 revoca-
tion 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.
(a) Whenever the Office of Driver Services sus-
pends 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.
(b) 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.
(a) Whenever any person fails within thirty (30)
days to satisfy any judgment in excess of one thou-
sand 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.
(b) 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.
27-19-707. Suspension for nonpayment of
judgments — Exceptions.
(a) 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
23627-19-702 TRANSPORTATION
office, shall forthwith suspend the license and regis-
tration, and any nonresident’s operating privilege, of
any person against whom the judgment was ren-
dered, except as otherwise provided in this subchap-
ter.
(b) 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.
(c) 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 de-
fault in the payment of the judgment, or of any
installments thereof prescribed in § 27-19-710, pro-
vided the judgment debtor furnishes proof of finan-
cial responsibility.
(d)(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 oper-
ating privilege of any person against whom the
judgment was rendered, as provided in this section.
(e)(1) The license, registration, and nonresident’s
operating privilege shall remain so suspended and
shall not be renewed, nor shall any license or regis-
tration be thereafter issued in the name of the
person, including any person not previously li-
censed, 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 per-
son 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.
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 judg-
ments.
(a) Judgments shall, for the purpose of this chap-
ter 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 be-
cause 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.
(b) Payments made in settlements of any claims
because of bodily injury, death, or property damage
arising from the accident shall be credited in reduc-
tion 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.
27-19-710. Payment in installments.
(a) 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.
(b) 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 fol-
lowing nonpayment of a judgment, when the judg-
ment 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.
237 27-19-710MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
(c) 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 ve-
hicle.
(a) No vehicle shall be, or continue to be, regis-
tered in the name of any person required to file proof
of financial responsibility for the future unless proof
is furnished for the vehicle.
(b) Proof of financial responsibility when re-
quired under this chapter, with respect to the ve-
hicle 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 liabil-
ity 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.
27-19-712. Certificate of insurance as proof.
(a)(1) Proof of financial responsibility for the fu-
ture may be furnished by filing with the Office of
Driver Services the written certificate of any insur-
ance 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 appro-
priate reference all vehicles covered thereby, unless
the policy is issued to a person who is not the owner
of a motor vehicle.
(b)(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 sub-
chapter.
(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:
(A) The insurance carrier shall execute a power
of attorney authorizing the Director of the Depart-
ment 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
(B) 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.
(c) 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.
27-19-713. Motor vehicle liability policy.
(a) 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.
(b) OWNER’S POLICY. The owner’s policy of liability
insurance shall:
(1) Designate by explicit description or by appro-
priate 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 ve-
hicles with the express or implied permission of the
named insured, against loss from the liability im-
posed by law for damages arising out of the owner-
ship, 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 dol-
lars ($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.
(c) OPERATOR’S POLICY. The operator’s policy of li-
ability insurance shall insure the person named as
insured therein against loss from the liability im-
posed 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
23827-19-711 TRANSPORTATION
limits and subject to the same limits of liability as
are set forth above with respect to an owner’s policy
of liability insurance.
(d) 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 pe-
riod, 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.
(e) POLICY NEED NOT INSURE WORKERS’ COMPENSATION,
ETC. The motor vehicle liability policy need not in-
sure 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, mainte-
nance, 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.
(f) PROVISIONS INCORPORATED IN POLICY. Every motor
vehicle liability policy shall be subject to the follow-
ing 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.
(g) 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 cover-
age, the term “motor vehicle liability policy” shall
apply only to that part of the coverage which is
required by this section.
(h) REIMBURSEMENT PROVISION PERMITTED. Any mo-
tor 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.
(i) PRORATION OF INSURANCE PERMITTED. Any motor
vehicle liability policy may provide for the prorating
of the insurance thereunder with other valid and
collectible insurance.
(j) MULTIPLE POLICIES. The requirements for a mo-
tor vehicle liability policy may be fulfilled by the
policies of one (1) or more insurance carriers which
policies together meet these requirements.
(k) BINDERS. Any binder issued pending the issu-
ance of a motor vehicle liability policy shall be
deemed to fulfill the requirements for a policy.
(l)(1) EXTENSION OF COVERAGE. Every motor vehicle
liability insurance policy, every motor vehicle physi-
cal 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:
(A) 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;
(B) Loaned by a duly licensed automobile
dealer for use as a demonstrator vehicle; or
(C) 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 main-
tained 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.
27-19-714. [Repealed.]
Publisher’s Notes. This section, concerning cancellation or
termination of a certified policy, was repealed byActs 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.
(a) This chapter shall not be held to apply to or
affect policies of automobile insurance against liabil-
ity which may be required by any other law of this
239 27-19-715MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
state, and these policies, if they contain an agree-
ment or are endorsed to conform with the require-
ments of this chapter, may be certified as proof of
financial responsibility under this chapter.
(b) 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 main-
tenance 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.
(a) The owner of a motor vehicle may give proof of
financial responsibility on behalf of his or her em-
ployee or a member of his or her immediate family or
household in lieu of the furnishing of proof by any
person.
(b) The furnishing of proof shall permit the per-
son to operate only a motor vehicle covered by the
proof.
(c) 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 insur-
ance, 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; 4; 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
SUBCHAPTER
.
1
. MOTORCYCLES, MOTOR-DRIVEN CYCLES, AND MOTORIZED BICYCLES.
2. THREE-WHEELED, FOUR-WHEELED, AND SIX-WHEELED ALL-TERRAIN
VEHICLES.
SUBCHAPTER.
3
. AUTOCYCLE ACT.
SUBCHAPTER 1 — MOTORCYCLES, MOTOR-
D
RIVEN CYCLES, AND MOTORIZED BICYCLES
SECTION
.
27-20-101
. Definitions.
27-20-102
. Penalty.
27-20-103
. Prohibited sales to persons under age sixteen.
27-20-104
. Standard equipment required.
27-20-105
. Registration — Renewal periods.
27-20-106
. Operator’s license required — Special license.
27-20-107
. Application for and issuance of motorcycle operator’s
license.
27-20-108
. Operator’s examination.
27-20-109
. Operator instruction.
27-20-110
. Manner of riding.
27-20-111
. Operation of motorized bicycles regulated — Certifi-
cate.
27-20-112
. Report of convictions required.
27-20-113
. Suspension of license.
27-20-114
. Rules and regulations.
27-20-115
. Local regulations.
27-20-116
. Exemptions.
27-20-117
. Automatic issuance of operator’s license.
27-20-118
. Restrictions on young children.
27-20-119
. [Repealed.]
27-20-120
. Veterans of Foreign Wars motorcycle license plates —
Definitions.
27-20-101. Definitions.
As used in this subchapter:
(1) “Motorcycle” means every motor vehicle hav-
ing 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 ve-
hicle 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;
(3)(A) “Motorized bicycle” means a bicycle with an
automatic transmission and a motor which does
not displace in excess of fifty cubic centimeters (50
cc).
(B) “Motorized bicycle” does not include an elec-
tric bicycle as defined in § 27-51-1702; and
(4) “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.
27-20-102. Penalty.
Any person violating the provisions of this sub-
chapter shall be guilty of a misdemeanor and upon
24027-19-716 TRANSPORTATION
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.
(a) 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 cur-
rent valid license to operate the motor-driven cycle
as authorized in this subchapter.
(b) 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.
(a) 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 head-
lamp 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 require-
ments of § 27-36-216(b).
(b) 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.
(c) 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.
(d) 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 head-
lamp 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 pro-
vided 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 require-
ments 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.
27-20-105. Registration — Renewal periods.
(a) The Director 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.
(b) 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
director 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.
(c) The director shall, upon request, assign to any
owner of two (2) or more vehicles the same registra-
tion period.
(d) 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.
241 27-20-105MOTORIZED CYCLES AND ALL-TERRAIN VEHICLES
27-20-106. Operator’s license required — Spe-
cial license.
(a) 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.
(b)(1) It shall be unlawful for any person to oper-
ate 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 oper-
ate a motor-driven cycle if that person has obtained
a special license provided for in this section.
(2)(A) 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 birth-
day.
(B)(i) All such licenses shall be issued by the
Office of Driver Services.
(ii)(a) 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 depart-
ment to determine the applicant’s eligibility for a
license.
(b) 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.
(iii)(a) The office shall charge a fee of two dol-
lars ($2.00) for each such special license issued.
(b) 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.
27-20-107. Application for and issuance of
motorcycle operator’s license.
(a) 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.
(b) Evidence that a person has applied for and
satisfactorily qualified for a motorcycle operator’s
license as required in this section shall be a certifi-
cate issued by the Department 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.
(c) 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.
(d)(1)(A) 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.
(B) The office shall have the authority, by regu-
lation, 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.
(2) 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.
27-20-108. Operator’s examination.
(a) The Department 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.
(b) The examination shall include:
(1) A written examination designed to determine
the applicant’s knowledge of traffic laws, ordinances,
and regulations and other matters necessary to
determine the applicant’s knowledge of the opera-
tion 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 department may deem
necessary to assure safe operations on the streets
and highways of this state.
24227-20-106 TRANSPORTATION
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.
27-20-109. Operator instruction.
(a) The Department of Education is authorized to
prescribe and offer a course in motorcycle and mo-
tor-driven cycle operator instruction to be conducted
as a part of the driver education program.
(b)(1) The course in motorcycle and motor-driven
cycle operation may be conducted both at the el-
ementary and high school levels.
(2) The course should include classroom instruc-
tion, actual operation of a motorcycle or motor-
driven cycle, and other matters that the department
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.
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 at-
tached 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.
(a) The operators of motorized bicycles shall be
subject to all state and local traffic laws, ordinances,
and regulations.
(b) It shall be unlawful for any person to operate
a motorized bicycle upon interstate highways, lim-
ited access highways, or sidewalks.
(c)(1)(A) 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.
(B) 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 Department of Arkansas State
Police for the operation of a motorized bicycle.
(2)(A)(i) All motorized bicycle certificates shall be
issued by the department.
(ii) No certificate shall be issued to a person
under fourteen (14) years of age.
(iii) 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.
(B) 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.
(C)(i) The department shall charge a fee of two
dollars ($2.00) for each certificate issued.
(ii) The proceeds from these fees shall be depos-
ited into the State Treasury as special revenues
and credited to the Department 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.
27-20-112. Report of convictions required.
(a)(1) Every court in the State of Arkansas, im-
mediately upon the conviction of any license holder
under this subchapter, shall report to the Depart-
ment of Arkansas State Police the fact of the convic-
tion, 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.
(b) The failure of the clerk of the court to report as
provided in this section shall be construed as non-
feasance 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.
(a) Whenever the operator of any motorcycle, mo-
tor-driven cycle, or motorized bicycle in this state
shall have been convicted of three (3) or more
moving traffic violations in any twelve-month pe-
riod, any license issued under this subchapter to
that person shall be suspended for not less than six
(6) months.
(b) Upon receipt of an order of denial of driving
privileges under § 5-64-710 or § 5-65-116, the De-
partment 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
243 27-20-113MOTORIZED CYCLES AND ALL-TERRAIN VEHICLES
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.
(c) 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.
(d) 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.
27-20-114. Rules and regulations.
The Department of Finance and Administration is
authorized to adopt such rules and regulations 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.
27-20-115. Local regulations.
(a)(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.
(b) Local authorities may adopt additional traffic
regulations which are not in conflict with the provi-
sions 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 li-
cense and shall not be required to submit to the
examinations prescribed by § 27-20-108.
History. Acts 1991, No. 614, § 1.
27-20-118. Restrictions on young children.
(a) 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 motor-
cycle on a street or highway unless the child is at
least eight (8) years of age.
(b) 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 motor-
cycle license plates — Definitions.
(a) As used in this section:
(1) “Eligible applicant” means a person who es-
tablishes by membership card or Life Member card
upon initial application that he or she is a member of
the:
(A) Veterans of Foreign Wars;
(B) Ladies Auxiliary to the Veterans of Foreign
Wars;
(C) Men’s Auxiliary to the Veterans of Foreign
Wars;
(D) Auxiliary to the Veterans of Foreign Wars;
(E) Junior Girls of the Ladies Auxiliary to the
Veterans of Foreign Wars; or
(F) 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.
(b) The Department of Finance and Administra-
tion is authorized to issue a special motorcycle
license plate to an eligible applicant.
(c) The Department of Finance and Administra-
tion shall design the special license plate issued
under this section in consultation with the Depart-
ment of Arkansas Veterans of Foreign Wars.
(d)(1) An applicant who qualifies for a special
motorcycle license plate under subdivision (a)(1)(A)
of this section:
(A) Shall pay:
24427-20-114 TRANSPORTATION
(i) A fundraising fee of ten dollars ($10.00) for
the issuance and renewal of his or her first special
motorcycle license plate; and
(ii) An annual fee not to exceed one dollar
($1.00) that the Department of Finance and Ad-
ministration may charge for the issuance and
renewal of the first special license plate; and
(B) May obtain and renew additional special
motorcycle license plates upon payment of a fun-
draising 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 motor-
cycle 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:
(A) A fundraising fee of ten dollars ($10.00);
and
(B) The fee for licensing a motorcycle as pro-
vided 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.
(e) 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.
S
UBCHAPTER 2 — THREE-WHEELED, FOUR-
W
HEELED, AND SIX-WHEELED ALL-TERRAIN
VEHICLES
SECTION
.
27-20-201
. Penalty.
27-20-202
. Registration required.
27-20-203
. No equipment or inspection requirements.
27-20-204
. Taxes to be paid.
27-20-205
. Certificate of title.
27-20-206
. Numbered license decal.
27-20-207
. No renewal of registration.
27-20-208
. Regulations.
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 regis-
tration 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.
(a) All owners of three-wheeled, four-wheeled, or
six-wheeled all-terrain vehicles that are not other-
wise required to be registered by law shall register
them with the Director of the Department of Fi-
nance and Administration within thirty (30) calen-
dar days of acquiring them.
(b)(1) The owners shall offer proof of ownership
satisfactory to the Department of Finance and Ad-
ministration.
(2)(A)(i) 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.
(ii) 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.
(iii) 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.
(B)(i) 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.
(ii) The statement of ownership may be pre-
pared by the person and shall contain the follow-
ing information:
(a) The person’s name;
(b) A description of the vehicle;
(c) A statement that the vehicle was manufac-
tured on or before December 31, 1992;
(d) A statement of ownership; and
(e) The person’s signature.
(iii) The provisions of subdivision (b)(2)(B) of
this section shall not apply to six-wheeled all-
terrain vehicles.
(c) 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.
27-20-203. No equipment or inspection re-
quirements.
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.
245 27-20-203MOTORIZED CYCLES AND ALL-TERRAIN VEHICLES
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.
27-20-205. Certificate of title.
(a) The Director 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 Administra-
tion.
(b) 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.
27-20-206. Numbered license decal.
The Director 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 Depart-
ment 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.
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. Regulations.
The Director of the Department of Finance and
Administration may promulgate such rules and
regulations as necessary to implement this subchap-
ter.
History. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717.
S
UBCHAPTER 3 — AUTOCYCLE ACT
SECTION
.
27-20-301
. Title.
SECTION.
27-20-302
. Purpose.
27-20-303
. Definition — Regulations.
27-20-304
. Registration and licensing — Fees.
27-20-305
. Rules of the road applicable.
27-20-306
. Operation requirements — Passengers.
27-20-307
. Operation limitations.
27-20-308
. Rules.
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.
27-20-302. Purpose.
The purpose of this subchapter is to:
(1) Allow the registration and licensing of auto-
cycles 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.
(a) 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.
(b) An autocycle that is operated by electricity
shall not be required to have a muffler.
(c) An autocycle is a motor vehicle for the pur-
poses of minimum insurance liability under the
Motor Vehicle Safety Responsibility Act, § 27-19-
101 et seq., and § 27-22-101 et seq.
(d) An autocycle is not an all-terrain vehicle un-
der § 27-20-201 et seq. or § 27-21-101 et seq.
History. Acts 2009, No. 636, § 1; 2017, No. 689, § 3.
27-20-304. Registration and licensing — Fees.
(a) The owner of an autocycle may register and
license it as a motorcycle under § 27-20-105.
(b) In addition to the application to register the
autocycle, the owner of an autocycle shall provide
proof of insurance as required under the Motor
24627-20-204 TRANSPORTATION
Vehicle Safety Responsibility Act, § 27-19-101 et
seq., and § 27-22-101 et seq.
(c) The fee for registering and licensing an auto-
cycle shall be five dollars ($5.00).
History. Acts 2009, No. 636, § 1.
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 — Passen-
gers.
(a)(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.
(2)(A) 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.
(B) An operator of an autocycle under eighteen
(18) years of age shall comply with all require-
ments concerning the permit or license that he or
she holds.
(b) The mandatory seat belt use under § 27-37-
701 et seq. shall apply to the operator and all
passengers in the autocycle.
(c) Unless an autocycle is equipped with a fully-
enclosed metal or metal-reinforced cab with glass
and mirrors that complies with § 27-37-301 et seq.
[repealed] regarding safety glass and mirrors, 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.
(d)(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.
(e) A child may be a passenger in an autocycle if
the autocycle is equipped with a fully-enclosed metal
or metal-reinforced cab with glass and mirrors that
complies with § 27-37-301 et seq. [repealed] regard-
ing safety glass and mirrors.
(f) Section 27-20-118 shall apply to autocycles.
History. Acts 2009, No. 636, § 1; 2017, No. 689, § 4.
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:
(A) The operation of autocycles or motorcycles
is prohibited;
(B) The road is a controlled-access highway;
(C) The posted speed limit is more than fifty-
five miles per hour (55 m.p.h.); or
(D) The autocycle cannot maintain a speed
equal to the posted speed limit.
History. Acts 2009, No. 636, § 1; 2017, No. 689, § 5.
27-20-308. Rules.
The Department of Finance and Administration
may adopt rules for the implementation and admin-
istration of this subchapter.
History. Acts 2009, No. 636, § 1.
CHAPTER 21
ALL-TERRAIN VEHICLES
SECTION.
27-21-101
. Purpose.
27-21-102
. Definitions.
27-21-103
. Construction.
27-21-104
. Penalty.
27-21-105
. Enforcement.
27-21-106
. Operation on public streets and highways unlawful —
Exceptions.
27-21-107
. Operation by minors — Manner of operation.
27-21-108
. Equipment.
27-21-109
. Defenses to prosecution — Definition.
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 Arkan-
sas by limiting the situations where all-terrain ve-
hicles 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)(A) “All-terrain vehicle” means a vehicle that:
(i) Has three (3), four (4), or six (6) wheels;
(ii) Is fifty inches (509) or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recre-
ational use; and
(v) Has an engine displacement of no more than
one thousand cubic centimeters (1,000 cc).
(B) “All-terrain vehicle” includes a recreational
off-highway vehicle.
(C) “All-terrain vehicle” does not include a golf
cart, riding lawnmower, or lawn or garden tractor;
247 27-21-102ALL-TERRAIN VEHICLES
(2) “Nonhighway tire” means a pneumatic tire:
(A) Six inches (69) or more in width;
(B) Designed for use on a wheel with a rim
diameter of fourteen inches (149) or less; and
(C) That uses an operating pressure of twenty
pounds per square inch (20 psi) or less as recom-
mended by the vehicle manufacturer;
(3) “Public streets and highways” means the part
of the street, road, or highway, including the im-
proved 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
(4)(A) “Recreational off-highway vehicle” means a
vehicle that:
(i) Has four (4) or six (6) wheels;
(ii) Is seventy-five inches (759) or less in width;
(iii) Is equipped with nonhighway tires;
(iv) Is designed primarily for off-road recre-
ational use; and
(v) Has an engine displacement of no more than
one thousand cubic centimeters (1,000 cc).
(B) “Recreational off-highway vehicle” includes
a:
(i) Multipurpose off-highway utility vehicle;
and
(ii) Utility task vehicle.
(C) “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.
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 convic-
tion 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.
27-21-105. Enforcement.
The officers and employees of the Arkansas For-
estry Commission shall have no authority to enforce
the provisions of this chapter.
History. Acts 1987, No. 804, § 6; 2015, No. 724, § 1.
27-21-106. Operation on public streets and
highways unlawful — Exceptions.
(a) 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, ex-
cept under the following conditions and circum-
stances:
(1) A person may operate an all-terrain vehicle on
a public street or highway if the all-terrain vehicle
is:
(A) Used in farming or hunting operations; and
(B) Operated on a public street or highway in
order to get from one field to another;
(2)(A) An all-terrain vehicle may be operated on a
public street or highway if:
(i) The all-terrain vehicle needs to make a di-
rect crossing of the street or highway to get from
one area to another; and
(ii) The all-terrain vehicle:
(a) Comes to a complete stop before making the
direct crossing;
(b) Yields the right-of-way to all oncoming traf-
fic that constitutes an immediate hazard; and
(c) Crosses the street or highway at an angle of
approximately ninety degrees (90°) to the direc-
tion of the street or highway.
(B)(i) An all-terrain vehicle may cross a divided
highway only at an intersection of the highway
with another public street or highway.
(ii) 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 visibil-
ity, the crossing may be made only with both front
and rear lights turned on;
(3)(A) 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:
(i) A nonhard-surfaced road;
(ii) The shoulder of a state or federal highway,
except as provided under subdivision (a)(3)(E) of
this section; or
(iii) 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.
(B) An all-terrain vehicle used as provided un-
der 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.
(C) For the purposes of this subdivision (a)(3),
“serious walking disability” means any walking
disability certified as serious by a licensed physi-
cian.
24827-21-103 TRANSPORTATION
(D) 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 certify-
ing that the person has a serious walking disabil-
ity.
(E) 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;
(4)(A) 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.
(B) 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.
(C) 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; and
(5) An employee of a utility, telecommunications,
or cable company working during a time of emer-
gency or severe weather may operate an all-terrain
vehicle on a public street or highway.
(b) 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 ve-
hicle shall operate in single file except while over-
taking 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 opera-
tor of an all-terrain vehicle from overtaking and
passing upon the right another vehicle that is mak-
ing or about to make a left turn if the overtaking and
passing is accomplished in accordance with Arkan-
sas 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.
27-21-107. Operation by minors — Manner of
operation.
(a)(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.
(b) A person shall not operate an all-terrain ve-
hicle 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 tail-
light.
History. Acts 1987, No. 804, § 4.
27-21-108. Equipment.
(a) 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 ar-
rester.
(b) 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 — Defini-
tion.
(a) It is no defense to a prosecution under this
chapter that the driver or operator possesses a valid
driver’s license or motorcycle operator’s license.
(b) It shall be a defense to prosecution under
§ 27-21-106 for a violation of operating an all-
terrain vehicle upon the public streets or highways if
the all-terrain vehicle operator can show by a pre-
ponderance 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:
(A) The off-road trail where he or she parked
the motor vehicle used to transport the all-terrain
vehicle to another off-road trail; or
(B) His or her private property to an off-road
trail or to a tract of land that is private property;
and
(4)(A) His or her purpose for riding on the public
street or highway was to get from:
(i) The off-road trail where he or she parked the
motor vehicle used to transport the all-terrain
vehicle to another off-road trail; or
249 27-21-109ALL-TERRAIN VEHICLES
(ii) His or her private property to an off-road
trail or to a tract of land that is private property.
(B) However, an all-terrain vehicle shall not
travel more than three (3) miles on a public street
or highway to get to one (1) of the destinations
authorized under subdivision (b)(4)(A) of this sec-
tion.
(c) 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:
(A) Vacation resort;
(B) Rental cabin;
(C) Deeded timeshare; or
(D) Right-to-use timeshare.
(d)(1) An operator of an all-terrain vehicle shall:
(A) Carry proof when operating an all-terrain
vehicle on a public street or highway of:
(i) His or her property interest in the private
property; and
(ii) The location of his or her private property;
and
(B) Display upon demand of a peace officer the
proof required by subdivision (d)(1) of this section.
(2) A person operating an all-terrain vehicle with
a private property owner who presents the proof
required by subdivision (d)(1)(A) of this section shall
have the same authority as the private property
owner to operate his or her all-terrain vehicle on a
public street or highway for the purposes of this
section.
History. Acts 1987, No. 804, § 4; 2003, No. 543, § 1; 2017, No.
272, §§ 2, 3.
CHAPTER 22
MOTOR VEHICLE LIABILITY
INSURANCE
SUBCHAPTER.
1
. GENERAL PROVISIONS.
2. ARKANSAS ONLINE INSURANCE VERIFICATION SYSTEM ACT [EFFECTIVE
JANUARY 1, 2019.]
S
UBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-22-101
. Legislative intent — Applicability.
27-22-102
. Construction.
27-22-103
. Penalty.
27-22-104
. Insurance required — Minimum coverage.
27-22-105
. Inadequate insurance in an accident — Penalty.
27-22-106
. Cancellation of policy or contract — Administrative
revocation or suspension of license.
27-22-107
. Motor vehicle insurance reporting.
27-22-108
. [Repealed.]
SECTION.
27-22-109
. Impounding motor vehicle for violation.
27-22-110
. Hold on release from storage facility authorized.
27-22-111
. Fine for failure to present proof of insurance at time of
traffic stop.
27-22-101. Legislative intent — Applicability.
(a) 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.
(b) The provisions of this chapter shall not be
applicable to state-owned vehicles nor to state em-
ployees while operating the state-owned vehicles.
History. Acts 1987, No. 442, §§ 4, 6; 1987, No. 474, § 2.
27-22-102. Construction.
The provisions of this chapter shall be supplemen-
tal to and cumulative to the Motor Vehicle Safety
Responsibility Act, § 27-19-101 et seq.
History. Acts 1987, No. 442, § 5.
27-22-103. Penalty.
(a) 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 fifty dollars ($50.00) 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 insur-
ance policy as required under § 27-22-104(a)(1).
(b)(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 re-
quired 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.
(4)(A)(i) 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 Ve-
hicle 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.
(ii) The order shall include:
25027-22-101 TRANSPORTATION
(a) The name and address of the person
charged;
(b) The driver’s license number, if any, of the
person charged;
(c) The vehicle identification number or license
plate number of the motor vehicle involved;
(d) The date of the hearing;
(e) The judgment of the court; and
(f) The amount of the fine.
(iii) The judge or clerk of the court shall pre-
pare 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.
(B)(i) In order to reinstate the suspended reg-
istration 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 registra-
tion.
(ii) The revenues derived from this reinstate-
ment 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.
(iii) This fee shall be in addition to any other
fines, fees, or other penalties for other violations of
this subchapter.
(c) If the arresting officer is:
(1) 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 Admin-
istration, on a form provided by that office, for
deposit into the Department of Arkansas State Po-
lice Fund to be used for the purchase and mainte-
nance 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.
27-22-104. Insurance required — Minimum
coverage.
(a)(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:
(A) A certificate of self-insurance under § 27-
19-107; or
(B) An insurance policy issued by an insurance
company authorized to do business in this state.
(2)(A) Failure to present proof of insurance cover-
age at the time of a traffic stop or arrest or a
failure of the Vehicle Insurance Database or proof
of an insurance card issued under § 23-89-213 to
show current insurance coverage at the time of the
traffic stop creates a rebuttable presumption that
the motor vehicle or the person’s operation of the
motor vehicle is uninsured.
(B)(i)(a) A proof-of-insurance card or any tem-
porary 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.
(b) As used in subsection (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 re-
quired under § 23-89-213 as clearly as a paper
proof-of-insurance card or other paper temporary
proof of insurance issued by the insurance com-
pany.
(ii) The presentment of proof of insurance in
electronic form does not:
(a) Authorize a search of any other content of
an electronic device without a search warrant or
probable cause; or
(b) Expand or restrict the authority of a law
enforcement officer to conduct a search or investi-
gation.
(b) 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 destruc-
tion 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.
(c)(1) For purposes of this subsection, “operating
motor vehicle” means a motor vehicle that is actu-
ally driven out of the government-owned and gov-
ernment-operated storage facility under its own
power.
(2) A government-owned and government-oper-
ated storage facility for motor vehicles may refuse to
release an operating motor vehicle from the storage
251 27-22-104MOTOR VEHICLE LIABILITY INSURANCE
facility if the owner of the motor vehicle cannot
establish that the motor vehicle is covered by insur-
ance as required under this section.
(3) The following are exempt from the require-
ments of this subsection:
(A) A motor vehicle that is considered salvage;
(B) A motor vehicle when an insurer holds the
title to the motor vehicle; and
(C) 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.
27-22-105. Inadequate insurance in an acci-
dent — Penalty.
(a) 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.
(b) In addition, if a person is convicted of driving
an inadequately insured vehicle that has been in-
volved 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 im-
poundment.
History. Acts 1993, No. 411, § 1; 1997, No. 991, § 3; 2007, No.
485, §§ 6, 9.
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 driv-
er’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.
(a)(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 pro-
vided to the division through any means of electronic
or electromagnetic medium available to and ap-
proved by the department, 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 regulations promulgated by the Depart-
ment of Finance and Administration.
(2)(A) The Director of the Department of Finance
and Administration may choose a vendor to pro-
vide an online insurance verification system
which will comply with the industry standards as
recommended by the Insurance Industry Commit-
tee on Motor Vehicle Administration when there
are two (2) or more vendors that demonstrate to
the department the ability to meet the Industry
Committee on Motor Vehicle Administration stan-
dard.
(i) 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 sys-
tem.
(ii) If an insurance company elects to partici-
pate 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.
(B) If the director 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.
(C) At the discretion of the department, rules
and regulations may be established to offer insur-
ers who write fewer policies an alternative method
for reporting insurance policy data.
(D) The department shall select a vendor under
the Arkansas Procurement Law, § 19-11-201 et
seq.
(b)(1) The reports shall include:
(A) The name and the address of the named
insured;
(B) The make, year, and vehicle identification
number of each insured vehicle; and
(C) The policy number, effective date, and expi-
ration date of each policy, National Association of
Insurance Carriers code number, and the name of
each driver excluded from coverage.
(2) The reports may include:
(A) The date of birth of each insured owner or
operator; and
(B) The driver’s license number of each insured
owner or operator.
(c) The department may, following procedures set
forth in regulations promulgated by the department,
25227-22-105 TRANSPORTATION
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 Director of the
Department of Finance and Administration 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 admin-
istering this section.
(d) The department shall promulgate necessary
rules and regulations for the administration of this
section.
History. Acts 1997, No. 991, § 4; 2007, No. 485, §§ 8, 9; 2009,
No. 476, § 2.
27-22-108. [Repealed.]
Publisher’s Notes. This section, concerning motor vehicle in-
surance comparison and registration, revocation, and reinstate-
ment 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 vio-
lation.
(a)(1) If an operator of a motor vehicle is unable to
present proof of insurance coverage to a law enforce-
ment 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:
(A) Received three (3) or more warnings for a
violation of § 27-22-104;
(B) Pleaded guilty or nolo contendere to or been
found guilty of three (3) or more violations of
§ 27-22-104; or
(C) Received a total of three (3) or more warn-
ings 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 enforce-
ment 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:
(A) The driver is operating a motor vehicle on a
cancelled, suspended, or revoked driver’s license
in violation of § 27-16-303;
(B) The driver is operating the motor vehicle
without a driver’s license in violation of § 27-16-
602; or
(C) The driver is operating a motor vehicle:
(i) Without a license plate in violation of § 27-
14-304;
(ii) With an unofficial license plate in violation
of § 27-14-305;
(iii) With improper use of evidence of registra-
tion in violation of § 27-14-306; or
(iv) With false evidences of title or registration
in violation of § 27-14-307.
(b) 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. regard-
ing 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:
(A) Has the right to contest the impoundment;
and
(B) Shall be given notice at the time of im-
poundment of the right to contest the impound-
ment consistent with § 27-50-1207.
(c)(1) If a motor vehicle is properly and lawfully
impounded under this section, the following are
responsible for all reasonable towing, recovery, stor-
age, and other incidental costs:
(A) The operator of the vehicle;
(B) The owner of the vehicle; or
(C) 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 facil-
ity authorized.
(a) 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:
(A) An order of a court of competent jurisdiction
issued under § 27-22-103(b);
(B) A certificate of self-insurance under § 27-
19-107; or
(C) An insurance policy that meets the require-
ments of § 27-22-104.
(b)(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.
253 27-22-110MOTOR VEHICLE LIABILITY INSURANCE
(c) 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:
(A) A sworn statement in the form of either a
repossession title or an affidavit that the lien-
holder is entitled to take immediate possession of
the vehicle; and
(B) 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 im-
pounding by a transferee if the transferee provides
to the law enforcement agency:
(A) A sworn statement in the form of an affida-
vit that the transferee has obtained all right, title,
and interest in the vehicle;
(B) A copy of the document transferring owner-
ship of the vehicle; and
(C) 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.
(a) 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).
(b) Court costs under § 16-10-305 shall be as-
sessed, but other costs or fees shall not be assessed
under this section.
(c) 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; and
(2) Twenty percent (20%) shall be retained by the
court that tries the offense.
(d) 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 pro-
vided under § 27-22-103.
History. Acts 2011, No. 1046, § 3; 2013, No. 282, § 15.
S
UBCHAPTER 2 — ARKANSAS ONLINE
INSURANCE VERIFICATION SYSTEM ACT
[EFFECTIVE JANUARY 1, 2019.]
SECTION.
27-22-201
. Title. [Effective January 1, 2019.]
27-22-202
. Definitions. [Effective January 1, 2019.]
27-22-203
. Online insurance verification system. [Effective Janu-
ary 1, 2019.]
27-22-204
. Functions of online insurance verification system. [Ef-
fective January 1, 2019.]
27-22-205
. Responsibilities of insurer. [Effective January 1, 2019.]
27-22-206
. Responsibilities of department. [Effective January 1,
2019.]
27-22-207
. Exemptions. [Effective January 1, 2019.]
27-22-208
. Reporting violations. [Effective January 1, 2019.]
27-22-209
. Suspension of registration. [Effective January 1, 2019.]
27-22-210
. Penalties. [Effective January 1, 2019.]
27-22-211
. Registration and licensing. [Effective January 1, 2019.]
27-22-212
. Reporting of violation. [Effective January 1, 2019.]
27-22-201. Title. [Effective January 1, 2019.]
This subchapter shall be known and may be cited
as the “Arkansas Online Insurance Verification Sys-
tem Act”.
History. Acts 2017, No. 1016, § 2.
27-22-202. Definitions. [Effective January 1,
2019.]
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:
(A) That is written on either a commercial
coverage or other commercially rated personal
policy form, including without limitation a com-
mercial auto, garage, or truckers form, and that is
is not dependent on the type, number, or owner-
ship of vehicle or entity covered or insured; and
(B) That insures vehicles not identified indi-
vidually 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.
27-22-203. Online insurance verification sys-
tem. [Effective January 1, 2019.]
(a) The Department of Finance and Administra-
tion shall establish an advisory group consisting of
25427-22-111 TRANSPORTATION
representatives of the State Insurance Department,
insurance companies, the Department 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 regulations;
(3) Coordinate and conduct a testing phase;
(4) Identify necessary changes during the testing
phase; and
(5) Issue recommendations based on periodic re-
views of the online insurance verification system.
(b) The Department of Finance and Administra-
tion shall:
(1) Cooperate with insurers in implementing the
online insurance verification system;
(2) Establish the online insurance verification
system framework necessary to assist insurers us-
ing multiple keys for greater matching accuracy,
including without limitation:
(A) National Association of Insurance Commis-
sioners insurer numbers;
(B) Motor vehicle identification numbers;
(C) Policy numbers; and
(D) Other key or keys specified by the advisory
group; and
(3) Be responsible for keeping the advisory group
informed on implementation status.
(c) Each insurer shall cooperate with the Depart-
ment of Finance and Administration in establishing
the online insurance verification system.
History. Acts 2017, No. 1016, § 2.
27-22-204. Functions of online insurance veri-
fication system. [Effective January 1, 2019.]
The online insurance verification system shall:
(1) Be accessible to:
(A) Authorized personnel of the Department of
Finance and Administration by direct inquiry;
(B) 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
(C) Insurance companies on a limited basis as
required to operate the online insurance verifica-
tion system;
(2)(A) 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 un-
der § 27-22-203, the insurance status of a motor
vehicle via the internet, or similar electronic sys-
tem consistent with the insurance industry and
Insurance Industry Committee on Motor Vehicle
Administration recommendations and the specifi-
cations 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.
(B) 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;
(3) Be able to access insurers by using multiple
keys for greater matching accuracy, including with-
out limitation:
(A) The National Association of Insurance
Commissioners insurer number assigned by the
National Association of Insurance Commissioners;
(B) The motor vehicle identification number;
(C) The policy number; and
(D) Other key or keys specified by the advisory
group;
(4) Provide data security for the type of informa-
tion transferred as prescribed by the advisory group;
and
(5) Utilize open and agreed to data and data
transmission standards and standard schema as
specified by the advisory group.
History. Acts 2017, No. 1016, § 2.
27-22-205. Responsibilities of insurer. [Effec-
tive January 1, 2019.]
(a) An insurer shall:
(1) Operate the online insurance verification sys-
tem in cooperation with the Department of Finance
and Administration;
(2) Maintain the data necessary to verify insur-
ance status through the online insurance verifica-
tion system for a period to be specified by the
advisory group established under § 27-22-203, al-
lowing for the printing of renewal notices, online
multi-year renewals and renewals at all state rev-
enue 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 informa-
tion transferred as required by the advisory group
that does not violate state or federal privacy laws;
(5) Be immune from civil and administrative li-
ability 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 insur-
ance 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 an online insurance veri-
fication system to verify insurance status.
(b) This section shall not prohibit an insurer from
using the services of a third party vendor for facili-
tating the online insurance verification system re-
quired by this subchapter.
255 27-22-205MOTOR VEHICLE LIABILITY INSURANCE
History. Acts 2017, No. 1016, § 2.
27-22-206. Responsibilities of department.
[Effective January 1, 2019.]
(a) The Department of Finance and Administra-
tion 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;
(4)(A) Provide data security for the type of infor-
mation transferred as prescribed by the advisory
group.
(B) Data secured via the online insurance veri-
fication system may not be shared with any party
other than those permitted by state or federal
privacy laws;
(5) Be responsible for keeping the advisory group
informed on functionality and planned or unplanned
service interruptions;
(6) Provide alternative methods of reporting for
small insurers insuring no more than fifty (50)
motor vehicles in the state as prescribed by the
department;
(7) Work with the advisory group on issues as
they emerge for an equitable resolution for all par-
ties;
(8) Maintain records of online insurance verifica-
tion system data for a period of time specified by the
department;
(9) Provide a means to separately track or distin-
guish 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;
(10) Administer and enforce this subchapter and
propose reasonable rules and regulations concerning
any matter administered in this subchapter;
(11) Provide suitable notices and forms necessary
to carry out the provisions of this subchapter; and
(12) Suspend motor vehicle registrations under
this subchapter.
(b) This section does not prohibit the department
from using the services of a third party vendor for
facilitating the operation of online insurance verifi-
cation system required by this subchapter.
History. Acts 2017, No. 1016, § 2.
27-22-207. Exemptions. [Effective January 1,
2019.]
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 and regulations
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 recondi-
tioner and held in inventory that are covered by a
blanket liability insurance policy or commercial au-
tomobile 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.
27-22-208. Reporting violations. [Effective
January 1, 2019.]
(a) If an insurance company fails to consistently
allow access through an online insurance verifica-
tion system to verify coverage of motor vehicle
liability insurance coverage, the Department of Fi-
nance 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.
(b) The Department of Finance and Administra-
tion shall provide the form and manner of transmis-
sion for the purposes of notifying the State Insur-
ance Department and insurer under subsection (a)
of this section.
(c) 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. [Effec-
tive January 1, 2019.]
(a)(1) The Department of Finance and Adminis-
tration 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:
(A) The owner of the motor vehicle acquires the
required liability insurance policy after the date of
verification; or
(B) The owner of the motor vehicle terminates
ownership of the motor vehicle.
25627-22-206 TRANSPORTATION
(b) The department, or a designated third-party
will provide notification of the suspension to the
owner of the motor vehicle.
(c) 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.
(d) The reinstatement fee collected by the depart-
ment shall be distributed under § 27-16-808.
(e) All officials authorized by law to register mo-
tor vehicles, issue motor vehicle license plates, and
to perform other duties in connection with the issu-
ance 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.
(f) Information regarding the motor vehicle regis-
tration 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.
27-22-210. Penalties. [Effective January 1,
2019.]
(a) 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 accor-
dance with this chapter;
(2) Operates a motor vehicle with notice of can-
cellation, 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 en-
forcement officer verifies motor vehicle liability in-
surance coverage through the online insurance veri-
fication 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 evi-
dence of insurance when there is no valid insurance
in effect on the motor vehicle as required by this
chapter.
(b)(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 insur-
ance 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.
(c)(1) For the purposes of this section, the refer-
ence herein to operating a motor vehicle shall be
satisfied whenever it is apparent that the vehicle
has traveled any distance upon a public road or
highway and a law enforcement officer may have
only observed the results of finding the vehicle
stopped either on or off the public road or highway,
as for example when the vehicle has come to a stop
after an accident.
(2) Witnessing the operation of the motor vehicle
is not required for a citation to be issued under this
section.
(d) A person is guilty of a Class C felony if he or
she knowingly:
(1) Alters, forges, or counterfeits an insurance
card to make it appear valid; or
(2) Makes, sells, or otherwise makes available an
invalid or counterfeit insurance card, or other evi-
dence of insurance.
History. Acts 2017, No. 1016, § 2.
27-22-211. Registration and licensing. [Effec-
tive January 1, 2019.]
(a) The Department of Finance and Administra-
tion shall not register or re-register a motor vehicle
or transfer the license plates if the registration is
suspended under § 27-22-209.
(b) Notwithstanding the provisions of subsection
(c) of this section, the department, upon the request
of the registrant, shall reinstate a suspended regis-
tration at such time the registrant meets the provi-
sions of reinstatement provided for by this chapter.
(c) A vehicle registration or renewal shall not be
issued to a motor vehicle unless the department
receives proof of insurance or verification of motor
vehicle liability insurance through the online insur-
ance verification system that provides the minimum
motor vehicle insurance coverage required by § 27-
22-104.
History. Acts 2017, No. 1016, § 2.
27-22-212. Reporting of violation. [Effective
January 1, 2019.]
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) calen-
dar days in a form prescribed by the department.
History. Acts 2017, No. 1016, § 2.
CHAPTER 23
COMMERCIAL DRIVER LICENSE
SUBCHAPTER
.
1
. ARKANSAS UNIFORM COMMERCIAL DRIVER LICENSE ACT.
2. COMMERCIAL DRIVER ALCOHOL AND DRUG TESTING ACT.
257 27-22-212COMMERCIAL DRIVER LICENSE
SUBCHAPTER 1 — ARKANSAS UNIFORM
COMMERCIAL DRIVER LICENSE ACT
SECTION
.
27-23-101
. Short title.
27-23-102
. Statement of intent and purpose.
27-23-103
. Definitions.
27-23-104
. Limitation on number of driver licenses.
27-23-105
. Notification required by driver.
27-23-106
. Employer responsibilities.
27-23-107
. Commercial driver license required.
27-23-108
. Commercial driver license qualification standards —
Definitions.
27-23-109
. [Repealed.]
27-23-110
. Application for commercial driver license.
27-23-111
. Content of Commercial Driver License — Classifica-
tions — Expiration and renewal.
27-23-112
. Disqualification and cancellation.
27-23-113
. Commercial drivers prohibited from operating with
any alcohol in system.
27-23-114
. Commercial motor vehicle driving offenses and penal-
ties — Definitions.
27-23-115
. Implied consent requirements for commercial motor
vehicle drivers.
27-23-116
. Notification of traffic convictions.
27-23-117
. Driving record information to be furnished.
27-23-118
. Distribution of fees.
27-23-119
. Exemption regulations.
27-23-120
. Rulemaking authority.
27-23-121
. Authority to enter agreement.
27-23-122
. Enforcement.
27-23-123
. Reciprocity.
27-23-124
. Commercial Driver License Fund.
27-23-125
. Suspension of commercial driver license for delinquent
child support.
27-23-126
. Notification of out-of-service order.
27-23-127
. Disqualification of noncommercial driver license
holder.
27-23-128
. Deferment of sentence — Restrictions.
27-23-129
. Medical certification required — Downgrade of license
for noncompliance — Denial or disqualification of
license for fraud.
27-23-130
. Prohibition against texting.
27-23-131
. Prohibition against use of hand-held mobile telephone
while driving commercial motor vehicle.
27-23-101. Short title.
This subchapter may be cited as the “Arkansas
Uniform Commercial Driver License Act”.
History. Acts 1989, No. 241, § 1.
27-23-102. Statement of intent and purpose.
(a) The purpose of this subchapter is to imple-
ment the Commercial Motor Vehicle Safety Act of
1986, Title XII of Pub. L. 99-570, and reduce or
prevent commercial motor vehicle accidents, fatali-
ties, 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 stan-
dards for commercial drivers.
(b) This subchapter is a remedial law and shall be
liberally construed to promote the public health,
safety, and welfare. To the extent that this subchap-
ter 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.
27-23-103. Definitions.
As used in this subchapter:
(1) “Alcohol” or “alcoholic beverage” means:
(A) Ethyl alcohol, or ethanol;
(B) Beer which is defined as beer, ale, stout,
and other similar fermented beverages, including
sake or similar products, of any name or descrip-
tion 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 substi-
tute therefore;
(C) Wine of not less than one-half of one percent
(0.5%) of alcohol by volume; or
(D) Distilled spirits, alcoholic spirits, and spir-
its, 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:
(A) The number of grams of alcohol per one
hundred milliliters (100 ml) of blood;
(B) The number of grams of alcohol per two
hundred ten liters (210 l) of breath; or
(C) Blood and breath quantitative measures in
accordance with the current Arkansas Regula-
tions for Alcohol Testing promulgated by the De-
partment of Health;
(3) “Commerce” means:
(A) 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
(B) 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 Sys-
tem” means the information system established pur-
suant to the Commercial Motor Vehicle Safety Act of
1986 to serve as a clearinghouse for locating infor-
mation 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 Commer-
cial Driver License Information System established
25827-23-101 TRANSPORTATION
under 49 U.S.C. § 31309, as in effect on January 1,
2011;
(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:
(A) Combination Vehicle (Group A) — having a
gross combination weight rating or gross combi-
nation 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;
(B) 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
(C) Small Vehicle (Group C) that does not meet
Group A or B requirements under subdivision
(7)(A) and (B) of this section but that either:
(i) Is designed to transport sixteen (16) or more
passengers, including the driver; or
(ii) Is of any size and is used in the transporta-
tion of hazardous materials;
(8) “Controlled substance” means a drug, sub-
stance, or immediate precursor in Schedules I-VI of
the Uniform Controlled Substances Act, § 5-64-101
et seq.;
(9) “Conviction” or “convicted” means an unva-
cated 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 conten-
dere 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) “Downgrade” means the removal of commer-
cial driving privileges from a commercial driver
license or commercial learner’s permit by the office;
(11) “Disqualification” means any of the following
three (3) actions:
(A) The suspension, revocation, or cancellation
of a commercial driver license or commercial
learner’s permit by the office or jurisdiction of
issuance;
(B) 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 ve-
hicle defect violations; or
(C) A determination by the Federal Motor Car-
rier Safety Administration that a person is not
qualified to operate a commercial motor vehicle;
(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, oper-
ates, 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 indi-
vidual 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:
(A) Driving a commercial motor vehicle while
the person’s blood alcohol concentration is four-
hundredths of one percent (0.04%) or more;
(B) Driving or boating while intoxicated in vio-
lation of § 5-65-103; or
(C) Refusal to undergo such testing as is re-
quired by § 5-65-202;
(17) “Electronic device” means a cellular tele-
phone, 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 ve-
hicle or assigns a person to drive a commercial motor
vehicle;
(19) “Excepted interstate” means a driver or ap-
plicant who operates or expects to operate a com-
mercial 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 examin-
er’s certificate by 49 C.F.R. § 391.45, as in effect on
January 1, 2011;
(20) “Excepted intrastate” means a driver or ap-
plicant who operates or expects to operate a com-
mercial motor vehicle exclusively in intrastate com-
merce 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 require-
ments 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;
(21) “Fatality” means the death of a person as a
result of a motor vehicle accident;
(22) “Felony” means any offense under state or
federal law that is punishable by death or imprison-
ment for a term exceeding one (1) year;
(23) “Foreign jurisdiction” means any jurisdiction
other than a state of the United States;
259 27-23-103COMMERCIAL DRIVER LICENSE
(24)(A) “Gross combination weight rating” means
the greater of:
(i) The value specified by the manufacturer of
the power unit, if such value is displayed on the
federal motor vehicle safety standards certifica-
tion label required by the National Highway Traf-
fic Safety Administration; or
(ii) 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.
(B) 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:
(A) Any material that:
(i) Has been designated as hazardous under 49
U.S.C. § 5103, as in effect on January 1, 2009;
and
(ii) Is required to be placarded under 49 C.F.R.
part 172, subpart F, as in effect on January 1,
2009; or
(B) 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 pres-
ents a substantial likelihood that death, serious
illness, severe personal injury, or a substantial en-
dangerment to health, property, or the environment
may occur before the reasonably foreseeable comple-
tion date of a formal proceeding begun to lessen the
risk of that death, illness, injury, or endangerment;
(28)(A) “Medical examiner” means a person who
is licensed, certified, or registered under appli-
cable state laws and regulations to perform physi-
cal examinations.
(B) “Medical examiner” includes without limi-
tation a doctor of medicine, a doctor of osteopathy,
a physician’s assistant, an advanced practice
nurse, and a doctor of chiropractic;
(29) “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:
(A) 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
(B) A skill performance evaluation certificate
permitting operation of a commercial motor ve-
hicle under 49 C.F.R. § 391.49, as in effect on
January 1, 2011;
(30) “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;
(31) “Nonexcepted interstate” means a driver or
applicant who:
(A) Operates or expects to operate a commer-
cial motor vehicle in interstate commerce;
(B) Is subject to and meets the qualification
requirements under 49 C.F.R. part 391, as in effect
on January 1, 2011; and
(C) Is required to obtain a medical examiner’s
certificate by 49 C.F.R. § 391.45, as in effect on
January 1, 2011;
(32) “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 trans-
portation 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;
(33) “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 com-
mercial motor vehicle may not be operated;
(34) “School bus” means:
(A) A commercial motor vehicle used to trans-
port preprimary, primary, or secondary school
students from home to school, from school to
home, or to and from school-sponsored events.
(B) “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:
(A) Excessive speeding, involving a single of-
fense for a speed of fifteen miles per hour (15
m.p.h.) or more above the posted speed limit;
(B) 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 per-
sons or property;
(C) Improper or erratic traffic lane changes;
(D) Following the vehicle ahead too closely;
(E)(i) 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.
(ii) Serious traffic violations shall not include
weight or defect violations;
(F) Driving a commercial motor vehicle without
obtaining a commercial learner’s permit or a com-
mercial driver license;
(G)(i) Driving a commercial motor vehicle with-
out a commercial learner’s permit or a commercial
driver license in the driver’s possession.
(ii) An individual who by the date the indi-
vidual must appear in court or pay any fine for a
violation under this subdivision (35)(G) provides
26027-23-103 TRANSPORTATION
proof to the enforcement authority that issued the
citation that the individual held a valid commer-
cial driver license on the date the citation was
issued shall not be guilty of this offense;
(H) Driving a commercial vehicle without the
proper class of commercial driver license or en-
dorsements for the specific vehicle group being
operated or for the passengers or type of cargo
being transported;
(I) Driving while texting; or
(J) Using a hand-held mobile telephone while
driving;
(36) “State” means a state of the United States
and also means the District of Columbia;
(37)(A) “Tank vehicle” means any commercial mo-
tor vehicle that is designed to transport any liquid
or gaseous materials within a tank or tanks hav-
ing an individual rating capacity of more than one
hundred nineteen gallons (119 gals.) and an ag-
gregate rated capacity of one thousand gallons
(1,000 gals.) or more that is either permanently or
temporarily attached to the vehicle or chassis.
(B) “Tank vehicle” does not include a commer-
cial 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;
(38)(A) “Texting” means manually entering al-
phanumeric text into, or reading text from, an
electronic device.
(B) “Texting” includes without limitation using
a short message service, e-mailing, instant mes-
saging, entering a command or request to access
an Internet page, pressing more than a single
button to initiate or terminate a voice communi-
cation using a mobile telephone, or engaging in
any other form of electronic text retrieval or entry
for present or future communication.
(C) “Texting” does not include:
(i) Pressing a single button to initiate or termi-
nate a voice communication using a mobile tele-
phone;
(ii) Inputting, selecting, or reading information
on a global positioning system or navigation sys-
tem; or
(iii) Using a device capable of performing mul-
tiple functions, including without limitation a
fleet management system, a dispatching device, a
smart phone, a citizens band radio, and a music
player, for a purpose that is not otherwise prohib-
ited in 49 C.F.R. parts 383 or 392, as in effect on
January 1, 2013;
(39) “United States” means the fifty (50) states
and the District of Columbia;
(40)(A) “Mobile telephone” means a mobile com-
munication device that falls under or uses any
commercial mobile radio service, as defined in
regulations of the Federal Communications Com-
mission, 47 C.F.R. § 20.3, as in effect on January
1, 2013.
(B) “Mobile telephone” does not include two-
way or citizens band radio services;
(41) “Use of a hand-held mobile telephone”
means:
(A) Using at least one (1) hand to hold a mobile
telephone to conduct a voice communication;
(B) Dialing or answering a mobile telephone by
pressing more than a single button; or
(C) Reaching for a mobile telephone in a man-
ner 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;
(42)(A) “Commercial learner’s permit” means a
permit issued in accordance with the require-
ments 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.
(B) 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;
(43) “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;
(44)(A) “Manual transmission” means a trans-
mission using a driver-operated clutch that is
activated by a pedal or lever and a gear-shift
mechanism operated by either hand or foot.
(B) “Manual transmission” does not include
semiautomatic transmissions or automatic trans-
missions that are considered automatic for the
purposes of the standardized restriction code;
(45) “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;
(46) “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:
(A) 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
(B) 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;
(47) “Third-party skills test examiner” means a
person employed by a third-party tester who is
authorized by the Department of Arkansas State
261 27-23-103COMMERCIAL DRIVER LICENSE
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; and
(48)(A) “Third-party tester” means a person au-
thorized by the Department of Arkansas State
Police to employ skills test examiners to adminis-
ter the commercial driver license skills tests speci-
fied in 49 C.F.R. part 383, subparts G and H, as in
effect on January 1, 2013.
(B) 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.
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.
27-23-104. Limitation on number of driver li-
censes.
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.
(a) 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 ordi-
nance 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 ordi-
nance 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.
(b) 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 dis-
qualified 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.
(c) 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 infor-
mation for the ten (10) years preceding the date of
application:
(A) A list of the names and addresses of the
applicant’s previous employers for which the ap-
plicant was a driver of a commercial motor ve-
hicle;
(B) The dates between which the applicant
drove for each employer; and
(C) The reason for leaving that employer.
(2) The applicant must certify that all informa-
tion furnished is true and complete. An employer
may require an applicant to provide additional in-
formation.
(d) PROHIBITION FROM DRIVING FOR CERTAIN VIOLATIONS.
(1) Any person who once violates the provisions of
this section shall be prohibited from driving a com-
mercial 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 driv-
ing 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 prohib-
ited from ever driving a commercial motor vehicle in
this state.
History. Acts 1989, No. 241, § 5.
27-23-106. Employer responsibilities.
(a) Each employer must require the applicant to
provide the information specified in § 27-23-105(c).
(b) 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 sus-
pended, 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 com-
mercial 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.
(c)(1) Any employer who once violates the provi-
sions 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 subdi-
vision (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).
26227-23-104 TRANSPORTATION
(3) An employer who knowingly allows, requires,
permits, or authorizes a driver to operate a commer-
cial 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.
27-23-107. Commercial driver license re-
quired.
(a)(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 stan-
dard, 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:
(A) 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 com-
mercial motor vehicle;
(B) 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;
(C) The commercial learner’s permit holder
holds a valid driver’s license issued by the same
jurisdiction that issued the commercial learner’s
permit;
(D) The commercial learner’s permit holder has
taken and passed a general knowledge test that
meets the federal vehicle groups and endorse-
ments, required knowledge and skills, and testing
standards, as required by this chapter, for the
commercial motor vehicle that the person oper-
ates or expects to operate; and
(E) The commercial learner’s permit holder is
eighteen (18) years of age or older.
(b) No person may drive a commercial motor
vehicle while his or her driving privilege is sus-
pended, revoked, or cancelled, while subject to a
disqualification, or in violation of an out-of-service
order.
(c) 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.
27-23-108. Commercial driver license qualifi-
cation standards — Definitions.
(a) TESTING.
(1)(A) To the extent permitted by federal law and
regulation, a person may be issued a commercial
driver license only if that person has:
(i) Passed a knowledge and skills test for driv-
ing a commercial motor vehicle that:
(a) 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
(b) Uses a state-to-state testing system pre-
approved by the Federal Motor Carrier Safety
Administration that meets the minimum require-
ments of the July 2010 version of the American
Association of Motor Vehicle Administrators 2005
CDL Test System; and
(ii) Satisfied all other requirements imposed by
state or federal law or regulation.
(B)(i) The tests shall be prescribed by the De-
partment of Arkansas State Police and shall be
conducted by the Department of Arkansas State
Police or by a third-party tester designated by the
Department of Arkansas State Police under regu-
lations promulgated as provided in this section.
(ii) The knowledge test administered by the
Department of Arkansas State Police shall be
given in electronic format.
(iii) The result of a test administered by the
Department of Arkansas State Police or by a
third-party tester shall be transmitted electroni-
cally to the Department of Finance and Adminis-
tration.
(C) The Department of Finance and Adminis-
tration shall set the length of time consistent with
federal law that the commercial driver license is
valid under this subdivision (a)(1).
(2) The Department of Arkansas State Police
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 gov-
ernment, 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:
(A) A skills test given by a third-party tester is
the same as a test that would otherwise be given
by the Department of Arkansas State Police using:
(i) The same version of the skills test;
(ii) The same written instructions for test ap-
plicants; and
263 27-23-108COMMERCIAL DRIVER LICENSE
(iii) The same scoring sheets as those pre-
scribed in 49 C.F.R. part 383, subparts G and H, as
in effect on January 1, 2013;
(B) A third-party skills test examiner shall
meet the requirements of 49 C.F.R. § 384.228, as
in effect on January 1, 2013;
(C) The third-party tester shall enter into an
agreement with the Department of Arkansas
State Police that demonstrates compliance with
all of the requirements of 49 C.F.R. § 383.75, as in
effect on January 1, 2013;
(D) The Department of Arkansas State Police
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;
(E) The eligibility to become a third-party tes-
ter shall be open to qualified persons under the
regulations at least two (2) times annually, pro-
vided there are sufficient numbers of qualified
applicants to conduct classes;
(F) The third-party tester shall pay a third-
party testing administration fee as may be deter-
mined by the Director of the Department of Ar-
kansas State Police to recover the costs of
administering the testing program and examina-
tion distribution expenses;
(G) The Department of Arkansas State Police
shall issue each third-party skills test examiner a
skills testing certificate upon successful comple-
tion of a formal skills test examiner training
course pursuant to 49 C.F.R. § 384.228, as in
effect on January 1, 2013; and
(H) The Department of Arkansas State Police
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.
(3)(A) A third-party tester shall obtain and main-
tain a bond to pay for the retesting of drivers in
the following amounts:
(i) 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;
(ii) One hundred thousand dollars ($100,000)
for a third-party tester that conducted between
one thousand (1,000) and one thousand five hun-
dred (1,500) tests in the preceding calendar year;
(iii) 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
(iv) 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.
(B)(i) A new third-party tester applicant shall
certify to the Department of Arkansas State Police
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 antici-
pates conducting that corresponds to the amount
provided in subdivision (a)(3)(A) of this section for
tests in the preceding calendar year.
(ii) Following the new applicant’s first year of
testing, the third-party tester shall initiate and
maintain a bond in an amount provided in subdi-
vision (a)(3)(A) of this section based upon the
actual number of tests conducted in the preceding
year.
(C) 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.
(D) In the event that a third-party tester or one
of its examiners is involved in fraudulent activi-
ties related to conducting skills testing that re-
quire a driver to be retested, the third party
tester’s bond is liable to the Department of Arkan-
sas State Police for payment of its actual costs to
retest the driver.
(b) WAIVER OF SKILLS TEST.
(1) The Department of Arkansas State Police 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.
(2)(A) 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 armed forces of the United States 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.
(B) The Department of Arkansas State Police
shall waive the skills test specified in this section
for any commercial driver license applicant who:
(i) Possesses a valid military commercial driver
license;
(ii) Certifies that he or she has not had during
the two-year period immediately prior to applying
for a commercial driver license:
(a) More than one (1) license except for a mili-
tary license;
(b) A license suspended, disqualified, revoked,
or cancelled;
(c) 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;
(d) A conviction occurring in any type of motor
vehicle for a serious traffic violation as defined
under § 27-23-103(35) or 49 C.F.R. § 383.51(c), as
in effect on January 1, 2013;
(e) A conviction for a violation of a military,
state, or local law relating to motor vehicle traffic
26427-23-108 TRANSPORTATION
control, other than a parking violation, arising in
connection with a traffic accident; or
(f) A traffic accident in which the applicant was
at fault; and
(iii) Provides evidence and certifies that he or
she:
(a) Is regularly employed or was regularly em-
ployed within the last twelve (12) months in a
military position requiring operation of a commer-
cial motor vehicle;
(b) Was exempted from the commercial driver
license requirements of 49 C.F.R. § 383.3(c), as in
effect on January 1, 2013; and
(c) 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.
(C) The Department of Arkansas State Police
shall:
(i) Indicate on the application for a commercial
driver license the class of license and any endorse-
ments for which the applicant has successfully
completed the knowledge requirements; and
(ii) 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.
(c) LIMITATIONS ON ISSUANCE OF LICENSE.
(1) A commercial driver license or commercial
learner’s permit may not be issued to a person:
(A) While the person is subject to a disqualifi-
cation from driving a commercial motor vehicle;
(B) While the person’s driver license is sus-
pended, revoked, or canceled in any state; or
(C) For one (1) year after the end of:
(i) The disqualification under subdivision
(c)(1)(A) of this section; or
(ii) 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.
(d) 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:
(A) Is domiciled in this state;
(B) Holds a valid driver’s license;
(C) Has passed the knowledge tests and en-
dorsement tests required by this section as appli-
cable; and
(D) Has met all other requirements of the De-
partment of Finance and Administration.
(2)(A) 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.
(B) 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.
(3) 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:
(A) “P” — passenger;
(B) “S” — school bus; or
(C) “N” — tank vehicle.
(4)(A) A commercial learner’s permit holder with
a passenger (“P”) endorsement shall have taken
and passed the “P” endorsement knowledge test.
(B) 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 inspec-
tors, test examiners, other trainees, and the com-
mercial driver license holder accompanying the
commercial learner’s permit holder.
(C) A “P” endorsement is class-specific.
(5)(A) A commercial learner’s permit holder with
a school bus (“S”) endorsement shall have taken
and passed the “S” endorsement knowledge test.
(B) 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.
(6)(A) A commercial learner’s permit holder with
a tank vehicle (“N”) endorsement shall have taken
and passed the “N” endorsement knowledge test.
(B) 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.
(7) Other than the endorsements contained in
subdivision (d)(3) of this section, no other endorse-
ments may be contained on a commercial learner’s
permit.
(e) HUMAN TRAFFICKING PREVENTION TRAINING.
(1) A person may be issued a Class A commercial
driver license only if he or she:
(A) Completes a human trafficking prevention
course administered by the Department of Arkan-
sas State Police or by a third party approved by
the Department of Arkansas State Police to pres-
ent a human trafficking prevention course under
regulations promulgated as provided in this sec-
tion; or
(B) Becomes a Certified Trucker Against Traf-
ficking by completing the online certification
265 27-23-108COMMERCIAL DRIVER LICENSE
course offered by Truckers Against Trafficking and
provides evidence of completion to the Depart-
ment of Finance and Administration with his or
her application for a commercial driver license
under § 27-23-110.
(2) A person who currently holds a Class A com-
mercial driver license must comply with this subsec-
tion when applying for renewal of the commercial
driver license as required by § 27-23-111(g).
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.
27-23-109. [Repealed.]
Publisher’s Notes. This section, concerning nonresident com-
mercial 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.
(a)(1) The application for a commercial driver
license or commercial learner’s permit shall include
the following:
(A) The full name and current residential ad-
dress of the applicant;
(B) A physical description of the applicant, in-
cluding the applicant’s sex, height, weight, eye
color, and hair color;
(C) The applicant’s date of birth;
(D) The applicant’s Social Security number;
(E) The applicant’s signature;
(F) A consent to release driving record informa-
tion;
(G) Certifications, including without limitation
those required by 49 C.F.R. § 383.71, as in effect
on January 1, 2013;
(H) Certification that the applicant is not sub-
ject to any disqualification under 49 C.F.R.
§ 383.51, as in effect on January 1, 2013, or any
license suspension, revocation, or cancellation un-
der state law and that the applicant does not have
a driver license from more than one (1) state or
jurisdiction;
(I) Certification that the applicant is or expects
to be one (1) of the following types of drivers:
(i) Nonexcepted interstate;
(ii) Excepted interstate;
(iii) Nonexcepted intrastate; or
(iv) Excepted intrastate;
(J) For an applicant for a commercial driver
license only, the surrender of the applicant’s non-
commercial driver licenses to the state;
(K) The names of all states in which the appli-
cant has previously been licensed to drive any
type of motor vehicle during the previous ten (10)
years;
(L) For an applicant that certifies as nonex-
cepted interstate or nonexcepted intrastate, the
applicant shall provide the Office of Driver Ser-
vices with a medical examiner’s certificate and
any waiver, exemption, or skills performance
evaluation certificate required by the medical ex-
aminer’s certificate as provided in § 27-23-129;
and
(M) Any other information required by the of-
fice.
(2) The application for a commercial driver li-
cense shall be accompanied by an application fee of
forty-one dollars ($41.00).
(b) When a licensee changes his or her name, an
application for a duplicate license shall be made to
the office.
(c) 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.
(d) The license application shall be accompanied
by an examination fee for each knowledge and skills
test, which shall be set by regulation of the Depart-
ment of Arkansas State Police in an amount not to
exceed fifty dollars ($50.00) for each examination
and administration.
(e) The examination fee set in subsection (d) of
this section shall be collected by the Revenue Divi-
sion of the Department of Finance and Administra-
tion at the time of initial application for a commer-
cial motor vehicle license and any subsequent
applications for examination. The funds shall be
deposited as special revenues into the State Trea-
sury and distributed to the credit of the Department
of Arkansas State Police Fund to defray the cost of
administering the examination of the knowledge
and skills tests required in § 27-23-108.
(f) If the Office of Driver Services issues a com-
mercial learner’s permit to an applicant, the appli-
cant 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.
27-23-111. Content of Commercial Driver Li-
cense — Classifications — Expiration and re-
newal.
(a) CONTENT OF LICENSE. The commercial driver
license must be marked “Commercial Driver Li-
cense” 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 per-
son;
(2) The person’s color photograph;
(3) A physical description of the person, including
sex and height;
(4) Date of birth;
26627-23-109 TRANSPORTATION
(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.
(b) 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 endorse-
ments and restrictions; the holder of a valid com-
mercial 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.
(A) 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.
(B) 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.
(C) Class C.
(i) Any single vehicle with a gross vehicle
weight rating of less than twenty-six thousand
one pounds (26,001 lbs.) or any such vehicle tow-
ing a vehicle with a gross vehicle weight rating not
in excess of ten thousand pounds (10,000 lbs.)
comprising:
(a) Vehicles designed to transport sixteen (16)
or more passengers, including the driver; and
(b) Vehicles used in the transportation of haz-
ardous materials which requires the vehicle to be
placarded under the Hazardous Materials Regu-
lations, 49 C.F.R., part 172, subpart F.
(ii) No Class C license shall be issued to any
person under eighteen (18) years of age.
(2) OTHER CLASSIFICATIONS.
(A)(i) Class D. Any vehicle which is not a com-
mercial 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.
(ii) 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.
(iii) Notwithstanding the provisions of this or
any other section of this subchapter, any person
who on the effective date of this subchapter, has a
valid operator’s, chauffeur’s, or for-hire chauf-
feur’s license shall be entitled to drive the vehicles
authorized thereby until the date of expiration of
such license, but not thereafter; provided, how-
ever, 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.
(B) Class M. That license valid for the opera-
tion 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.
(C) Class MD. That license valid for the opera-
tion 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 six-
teenth (16th) birthday.
(3)(A) Endorsements are:
(i) “H” — authorizes the driver to drive a ve-
hicle transporting hazardous material;
(ii) “T” — authorizes driving double and triple
trailers;
(iii) “P” — authorizes driving vehicles carrying
passengers or carrying passengers for hire;
(iv) “N” — authorizes driving tank vehicles;
(v) “X” — represents a combination of hazard-
ous materials and tank vehicle endorsements;
(vi) “M” — authorizes the driver to drive a
motorcycle;
(vii) “S” — authorizes the driver to operate a
school bus; and
(viii) “MD” — authorizes the driver to operate a
motor driven cycle.
(B) Restrictions are:
(i) “L” — no air brake-equipped commercial
motor vehicle;
(ii) “Z” — no full air brake-equipped commer-
cial motor vehicle;
(iii) “E” — no manual transmission-equipped
commercial motor vehicle;
(iv) “O” — no tractor-trailer commercial motor
vehicle;
(v) “M” — no Class A passenger vehicle;
(vi) “N” — no Class A or Class B passenger
vehicle;
(vii) “K” — for intrastate only;
(viii) “V” — indicates there is information about
a medical variance on the commercial driver li-
cense 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.
267 27-23-111COMMERCIAL DRIVER LICENSE
§ 383.73(o), as in effect on January 1, 2013, that
the driver has been issued a medical variance;
(ix) “P” — no passengers in a commercial motor
vehicle bus;
(x) “W” — only seasonal farm service vehicles;
(xi) “X” — no cargo in commercial tank vehicle;
and
(xii) “7” — only diesel fuel and fertilizer ve-
hicles.
(C) The restrictions contained in subdivisions
(b)(3)(B)(ix) and (xi) of this section apply only to
commercial learner’s permits.
(c)(1) APPLICANT RECORD CHECK. Before issuing a
commercial driver license, the Office of Driver Ser-
vices 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.
(A)(i) After January 30, 2005, before issuing a
commercial driver license with a hazardous mate-
rials 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.
(ii) 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.
(B)(i) If the office denies issuance of a commer-
cial driver license with a hazardous materials or
“H” endorsement based on the criminal back-
ground 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.
(ii) 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 admin-
istration.
(d) NOTIFICATION OF LICENSE ISSUANCE. Within ten
(10) days after issuing a commercial driver license,
the office must notify the Commercial Driver Li-
cense Information System of that fact, providing all
information required to ensure identification of the
person.
(e) EXPIRATION OF LICENSE. All driver licenses is-
sued on and after January 1, 1990, shall be issued
for a period of four (4) years from the date of
issuance.
(f) AUTHORITY TO ADJUST ALL DRIVER LICENSE EXPIRA-
TION 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.
(g) LICENSE RENEWAL PROCEDURES. When applying
for renewal of a commercial driver license, the
applicant must complete the application form re-
quired by § 27-23-110(a) providing updated infor-
mation and required certifications. If the applicant
wishes to retain a hazardous materials endorse-
ment, 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.
27-23-112. Disqualification and cancellation.
(a)(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, re-
quire, permit, or authorize a driver who is disquali-
fied to drive a commercial motor vehicle.
(3) A driver is subject to disqualification sanctions
designated in this section if the holder of a commer-
cial 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 viola-
tions of the offenses specified in this section, each
conviction for any offense listed in this section
resulting from a separate incident, whether commit-
ted in a commercial motor vehicle or noncommercial
motor vehicle, shall be counted.
(5)(A) The Office of Driver Services may reinstate
any driver disqualified for life for offenses de-
scribed in subdivisions (b)(1)-(7) of this section
after ten (10) years if that person has voluntarily
entered and successfully completed an appropri-
ate rehabilitation program approved by the De-
partment of Health.
(B) Any person who has been reinstated in
accordance with subdivision (a)(5)(A) of this sec-
tion and who is subsequently convicted of a dis-
qualifying offense described in subdivisions (b)(1)-
(7) of this section shall not be reinstated.
(6) Notwithstanding any other provision of law,
an Arkansas court shall not grant a restricted driv-
ing permit to operate a commercial motor vehicle.
(7) A disqualification period imposed by this sec-
tion or by 49 C.F.R. § 383.51, as in effect on January
26827-23-112 TRANSPORTATION
1, 2013, is in addition to any other previous period of
disqualification.
(b) DISQUALIFICATION FOR MAJOR OFFENSES.
Depending upon the type of vehicle a driver re-
quired 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 fol-
lows:
(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:
(A) For a first conviction or refusal to be tested
while operating a commercial motor vehicle, a
person required to have a commercial driver li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for one (1)
year;
(B) 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;
(C) For a first conviction or refusal to be tested
while operating a commercial motor vehicle trans-
porting hazardous materials required to be plac-
arded under the Hazardous Materials Regula-
tions, 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 learn-
er’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;
(D) For a second conviction or refusal to be
tested in a separate incident of any combination of
offenses in this section while operating a commer-
cial motor vehicle, a person required to have a
commercial driver license or a commercial learn-
er’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
(E) For a second conviction or refusal to be
tested in a separate incident of any combination of
offenses in this section while operating a noncom-
mercial 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 dis-
qualified as follows:
(A) For a first conviction or refusal to be tested
while operating a commercial motor vehicle, a
person required to have a commercial driver li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for one (1)
year;
(B) For a first conviction or refusal to be tested
while operating a commercial motor vehicle trans-
porting hazardous materials required to be plac-
arded under the Hazardous Materials Regula-
tions, 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 learn-
er’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
(C) For a second conviction or refusal to be
tested in a separate incident of any combination of
offenses in this section while operating a commer-
cial motor vehicle, a person required to have a
commercial driver license or a commercial learn-
er’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:
(A) 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;
(B) 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 com-
mercial motor vehicle for one (1) year;
(C) 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 li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for three (3)
years;
(D) For a second conviction in a separate inci-
dent of any combination of offenses in this section
while operating a commercial motor vehicle, a
person required to have a commercial driver li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for life; and
(E) For a second conviction in a separate inci-
dent of any combination of offenses in this section
269 27-23-112COMMERCIAL DRIVER LICENSE
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:
(A) 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;
(B) 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 com-
mercial motor vehicle for one (1) year;
(C) 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 li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for three (3)
years;
(D) For a second conviction in a separate inci-
dent of any combination of offenses in this section
while operating a commercial motor vehicle, a
person required to have a commercial driver li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for life; and
(E) For a second conviction in a separate inci-
dent 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 com-
mercial motor vehicle, the driver shall be disquali-
fied as follows:
(A) 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;
(B) 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 li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for three (3)
years; and
(C) For a second conviction in a separate inci-
dent of any combination of offenses in this section
while operating a commercial motor vehicle, a
person required to have a commercial driver li-
cense or a commercial learner’s permit, or a com-
mercial 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, man-
slaughter, and negligent homicide, the driver shall
be disqualified as follows:
(A) 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;
(B) 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 li-
cense or a commercial learner’s permit, or a com-
mercial driver license holder or a commercial
learner’s permit holder shall be disqualified from
operating a commercial motor vehicle for three (3)
years; and
(C) For a second conviction in a separate inci-
dent of any combination of offenses in this section
while operating a commercial motor vehicle, a
person required to have a commercial driver li-
cense or a commercial learner’s permit, or a com-
mercial 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 traf-
ficking 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:
(A) For a conviction while operating a commer-
cial motor vehicle, a person required to have a
commercial driver license or a commercial learn-
27027-23-112 TRANSPORTATION
er’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 rein-
statement after ten (10) years; and
(B) For a conviction while operating a noncom-
mercial 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.
(c) 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 com-
mercial motor vehicle or a suspension, revocation, or
cancellation resulting from a conviction while oper-
ating a noncommercial motor vehicle, a person re-
quired 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 com-
mercial motor vehicle for sixty (60) days; and
(2) For a third or subsequent conviction of any
combination of serious traffic violations in a sepa-
rate incident within a three-year period while oper-
ating a commercial motor vehicle or a conviction
that results in suspension, revocation, or cancella-
tion resulting from operating a noncommercial mo-
tor 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 hun-
dred twenty (120) days.
(d) 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.
(e) A driver convicted of an offense listed in sub-
section (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) calen-
dar days for a second conviction within a three-year
period; and
(3) For at least one (1) year for a third or subse-
quent conviction within a three-year period.
(f) 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 non-
hazardous materials, the driver shall be disqualified
as follows:
(A) 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;
(B) For a second conviction in a separate inci-
dent 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
(C) 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 haz-
ardous 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:
(A) 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;
(B) For a second conviction in a separate inci-
dent within a ten-year period while operating a
commercial motor vehicle, a person required to
have a commercial driver license or a commercial
271 27-23-112COMMERCIAL DRIVER LICENSE
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
(C) 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.
(g) 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 disquali-
fication shall be concurrent with the disqualification
ordered by the administration and shall be entered
as part of the driver’s record.
(h) Convictions, disqualifications, and other li-
censing 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 re-
quired under 49 C.F.R. §§ 384.225(d) and
384.231(d), as in effect on January 1, 2013.
(i) 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.
27-23-113. Commercial drivers prohibited
from operating with any alcohol in system.
(a) 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 be-
fore 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.
(b)(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.
(c) A driver convicted of violating an out-of-ser-
vice order is subject to disqualification under § 27-
23-112, in addition to a civil penalty of:
(1) Not less than two thousand five hundred dol-
lars ($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.
27-23-114. Commercial motor vehicle driving
offenses and penalties — Definitions.
(a)(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 influ-
enced or affected by the ingestion of alcohol, a
controlled substance, any intoxicant, or any combi-
nation thereof, at such measurable level so that the
driver’s reactions, motor skills, and judgment are
substantially altered, and the driver therefore con-
stitutes 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 ve-
hicle 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 sub-
stances. 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 pro-
vided 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 in-
volved in any such accident shall be under a duty to
stop his or her vehicle at the scene of the accident
27227-23-113 TRANSPORTATION
and render the same aid and give the same informa-
tion as required by § 27-53-103.
(4) It shall be unlawful and punishable as pro-
vided 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 pro-
vided 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.
(b) 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 per-
cent (0.04%) or more, leaving the scene of an acci-
dent 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.
(c)(1) A law enforcement officer having reasonable
cause to believe the person to have been driving a
commercial motor vehicle while intoxicated or driv-
ing 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 concentra-
tion. 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.
(2)(A) 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 dis-
qualify the driving privileges of the arrested per-
son as provided by § 27-23-112 under the proce-
dure in § 5-65-402.
(B) The arrested person shall have the same
right to administrative and judicial review pro-
vided in § 5-65-402.
(d)(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 certi-
fied 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 fur-
nished by the office and shall include all items that
the office shall determine as necessary.
(e) Any violation of the offenses found in subsec-
tion (a) of this section and the penalties and suspen-
sions imposed for those violations shall be cumula-
tive and in addition to the penalties and suspensions
for any other offense or violation under a similar
Arkansas motor vehicle traffic or criminal law.
(f) Upon determining that the driver has violated
subdivision (a)(1) or subdivision (a)(2) of this section
previously or has previously been convicted of vio-
lating § 5-65-103 or § 5-65-303, the court shall
order an assessment of the driver’s degree of re-
peated alcohol abuse and shall order treatment for
alcohol abuse as a condition of sentencing if appro-
priate.
(g) Upon determining that the driver has violated
subdivision (a)(1) or subdivision (a)(2) of this section
previously or has previously been convicted of vio-
lating § 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.
(h)(1)(A) 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.
(B) 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.
(C) It is unlawful to knowingly enter false test
scores or false information on any application for a
commercial driver license.
(2)(A) 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.
(B) 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 De-
partment of Finance and Administration on a
form provided by the Administration of Justice
Funds Section for deposit into the Department 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.
27-23-115. Implied consent requirements for
commercial motor vehicle drivers.
(a) A person who drives a commercial motor ve-
hicle within this state shall be deemed to have given
273 27-23-115COMMERCIAL DRIVER LICENSE
consent to take a test or tests of that person’s blood,
breath, saliva, or urine for the purpose of determin-
ing that person’s blood alcohol concentration or the
presence of other drugs.
(b)(1) One (1) or more chemical tests may be
administered at the direction of a law enforcement
officer who, after stopping or detaining the commer-
cial motor vehicle driver, has probable cause to
believe that driver was driving a commercial motor
vehicle while having alcohol or a controlled sub-
stance 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.
(c) 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 oper-
ating a commercial motor vehicle under §§ 5-65-402
and 27-23-112.
(d) 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.
(e) 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.
(f) 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.
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 ordi-
nance 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 informa-
tion pursuant to § 27-50-906, upon request and
payment of a fee of seven dollars ($7.00).
History. Acts 1989, No. 241, § 17.
27-23-118. Distribution of fees.
(a) The fee set out in § 27-23-110(a) shall be
deposited as special revenues into the State Trea-
sury and distributed as follows:
(1) Twenty dollars ($20.00) shall be deposited to
the credit of the Revenue Division of the Depart-
ment of Finance and Administration in the Commer-
cial Driver License Fund;
(2) One dollar ($1.00) of the fee shall be distrib-
uted in the same manner as set out in § 27-16-
801(g) [repealed]; 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).
(b) The fee set out in § 27-23-117(2) shall be
deposited as special revenues into the State Trea-
sury and distributed as follows:
(1) Four dollars ($4.00) of the fee shall be depos-
ited to the credit of the Revenue Division of the
Department of Finance and Administration in 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 distribu-
tion as provided in the Arkansas Highway Revenue
Distribution Law, § 27-70-201 et seq.
(c) The fee set out in § 27-23-117(3) shall be
deposited as special revenues into the State Trea-
sury and distributed as follows:
(1) One dollar ($1.00) of the fee shall be deposited
to the credit of the Revenue Division of the Depart-
ment of Finance and Administration in the Commer-
cial 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 distribu-
tion as provided in the Arkansas Highway Revenue
Distribution Law, § 27-70-201 et seq.
(d) All fines, forfeitures, and penalties levied by
any court for all offenses committed under this
27427-23-116 TRANSPORTATION
chapter shall be collected by the clerk of the court
and remitted to the division. They shall then be
deposited as special revenues into the State Trea-
sury to the credit of the division in the fund.
History. Acts 1989, No. 241, § 18; 1991, No. 1042, § 2; 2015, No.
702, § 1.
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 and
regulations to exempt those certain classes of driv-
ers from the application of this subchapter.
History. Acts 1989, No. 241, § 19; 2015, No. 1158, § 6.
27-23-120. Rulemaking authority.
The Office of Driver Services and the Department
of Arkansas State Police shall have the authority to
adopt rules and regulations after consulting with,
and with the concurrence of, the State Highway
Commission and the Arkansas Highway Police Di-
vision of the Arkansas Department of Transporta-
tion, necessary to carry out the provisions of this
subchapter.
History. Acts 1989, No. 241, § 20; 2017, No. 707, § 326.
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 subchap-
ter.
History. Acts 1989, No. 241, § 22; 2017, No. 707, § 327.
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 issu-
ance of commercial motor vehicle driver licenses, if
the person is not suspended, revoked, cancelled, or
disqualified from driving a commercial motor ve-
hicle, or subject to an out-of-service order.
History. Acts 1989, No. 241, § 23.
27-23-124. Commercial Driver License Fund.
(a) There is hereby established on the books of the
Treasurer of State,Auditor of State, and 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 Admin-
istration. 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 Direc-
tor of the Department of Finance and Administra-
tion in carrying out the functions, powers, and
duties of the division.
(b) 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 Commer-
cial Driver License Program. Loans to the Commer-
cial 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.
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 sup-
port 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.
275 27-23-126COMMERCIAL DRIVER LICENSE
27-23-127. Disqualification of noncommercial
driver license holder.
(a) 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 disqualifica-
tion period or periods provided in § 27-23-112.
(b) The disqualification of a noncommercial driver
license driver pursuant to this section shall be
recorded and reported by the Office of Driver Ser-
vices 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 — Restric-
tions.
No circuit or district court judge may utilize
§ 5-4-321, § 16-90-115, § 16-90-904, §§ 16-93-301
— 16-93-303, § 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 in-
stances 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.
27-23-129. Medical certification required —
Downgrade of license for noncompliance —
Denial or disqualification of license for fraud.
(a)(1) An applicant for a commercial driver li-
cense 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 ap-
plicant or driver.
(b) 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 re-
cord that the medical certification status of the
driver is “certified”; or
(2)(A) Obtain from the driver an original or a copy
of a current medical examiner’s certificate pre-
pared by a medical examiner, as required by 49
C.F.R. part 391, subpart E, as in effect on January
1, 2013.
(B) Upon approval of the transfer, the office
shall post a certification status of “certified” on the
commercial driver license record for the driver.
(c)(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:
(A) Nonexcepted interstate;
(B) Excepted interstate;
(C) Nonexcepted intrastate; or
(D) 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 re-
quired 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.
(d)(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 medi-
cal variance was removed or rescinded, the office
shall:
(A) Post a certification status of “not certified”
in the commercial driver license or commercial
learner’s permit record for the driver;
(B) Downgrade the commercial driver license
or commercial learner’s permit of the driver effec-
tive in sixty (60) days; and
(C) Notify the driver in writing that:
(i) The driver has a “not certified” medical-
certification status; and
(ii) The commercial driver license or commer-
cial learner’s permit privilege will be downgraded
unless the driver submits a current medical cer-
tificate 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:
(A) Post a certification status of “not certified”
in the commercial driver license record for the
driver;
(B) Downgrade the commercial driver license
or commercial learner’s permit of the driver effec-
tive in sixty (60) days; and
(C) Notify the driver in writing that:
(i) The driver has a “not certified” medical cer-
tification status; and
(ii) The commercial driver license privilege will
be downgraded unless the driver submits:
27627-23-127 TRANSPORTATION
(a) The certification required by subsection (c)
of this section; and
(b) 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:
(A) Post a certification status of “not certified”
in the commercial driver license record for the
driver;
(B) Downgrade the commercial driver license
or commercial learner’s permit of the driver effec-
tive in sixty (60) days; and
(C) Notify the driver in writing that:
(i) The driver has a “not certified” medical cer-
tification status; and
(ii) The commercial driver license or commer-
cial learner’s permit privilege will be downgraded
unless the driver submits a current medical cer-
tificate or medical variance.
(e) For each current medical examiner certificate
received from a driver, the office shall:
(1) Date-stamp the medical examiner’s certifi-
cate;
(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 exam-
iner’s certificate within ten (10) calendar days to the
commercial driver license record, including:
(A) The medical examiner’s name;
(B) The medical examiner’s telephone number;
(C) The date of the medical examiner’s certifi-
cate issuance;
(D) The medical examiner’s license number and
the state of issuance;
(E) 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;
(F) An indicator of medical certification status,
that is, “certified” or “not certified”;
(G) The expiration date of the medical examin-
er’s certificate;
(H) The existence of any medical variance on
the medical certificate, including without limita-
tion an exemption, skill performance evaluation
certification, or grandfather provision;
(I) Any restrictions, including without limita-
tion corrective lenses, a hearing aid, or a require-
ment to have possession of an exemption letter or
skill performance evaluation certificate while on
duty; and
(J) The date the medical examiner’s certificate
information was posted to the commercial driver
license record.
(f) The office, within ten (10) calendar days of a
driver’s medical certification status expiring or a
driver’s medical variance expiring or being re-
scinded, shall update the medical certification sta-
tus of the driver as “not certified”.
(g) The office, within ten (10) calendar days of
receiving information from the administration re-
garding issuance or renewal of a medical variance
for a driver, shall update the commercial driver
license record to include the medical variance infor-
mation provided by the administration.
(h)(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:
(A) Deny the person’s pending application for a
commercial driver license or commercial learner’s
permit; and
(B) Refuse to grant an application for a com-
mercial 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.
27-23-130. Prohibition against texting.
(a)(1) For purposes of this section, “driving”
means operating a commercial motor vehicle with
the motor running, including while temporarily sta-
tionary 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.
(b)(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.
(c) A motor carrier shall not allow or require the
motor carrier’s drivers to engage in texting while
driving.
(d) A person who is convicted of violating this
section commits a violation.
History. Acts 2011, No. 352, § 7; 2013, No. 758, § 20.
277 27-23-130COMMERCIAL DRIVER LICENSE
27-23-131. Prohibition against use of hand-
held mobile telephone while driving commer-
cial motor vehicle.
(a)(1) For purposes of this section, “driving”
means operating a commercial motor vehicle on a
highway, including while temporarily stationary be-
cause 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.
(b)(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.
(c) A motor carrier shall not allow or require a
driver to use a hand-held mobile telephone while
driving a commercial motor vehicle.
(d) A person who is convicted of violating this
section is guilty of a violation.
History. Acts 2013, No. 758, § 21.
S
UBCHAPTER 2 — COMMERCIAL DRIVER
ALCOHOL AND DRUG TESTING ACT
SECTION
.
27-23-201
. Title.
27-23-202
. Definitions.
27-23-203
. Applicability — Exemptions.
27-23-204
. Testing.
27-23-205
. Reporting test results.
27-23-206
. Maintenance of information — Confidentiality.
27-23-207
. Use of database by employers.
27-23-208
. Use of database by an employee.
27-23-209
. Penalties.
27-23-210
. Miscellaneous authority — Rules.
27-23-211
. Immunity from civil liability.
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.
(a) As used in this subchapter:
(1)(A)(i) “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.
(ii) A consortium/third-party administrator
performs tasks concerning the operation of an
employer’s drug and alcohol testing programs.
(B) “Consortium/third-party administrator” in-
cludes without limitation, groups of employers
who join together to administer, as a single entity,
the drug and alcohol testing programs of its mem-
bers that are required under the Federal Motor
Carrier Safety Regulations, 49 C.F.R. pts. 350-
399, as in effect on January 1, 2009.
(C) A consortium/third-party administrator is
not an “employer” for purposes of this subchapter;
(2)(A) “Employee” means a person who is a holder
of an Arkansas commercial driver license and is
subject to drug and alcohol tests under the Fed-
eral Motor Carrier Safety Regulations, 49 C.F.R.
pts. 350-399, as in effect on January 1, 2009.
(B) “Employee” includes an individual cur-
rently performing safety-sensitive transportation
jobs and an applicant for employment in safety-
sensitive transportation jobs subject to preem-
ployment testing; and
(3)(A) “Employer” means an Arkansas person or
entity employing one (1) or more employees sub-
ject to the drug and alcohol testing provisions
under the Federal Motor Carrier Safety Regula-
tions, 49 C.F.R. pts. 350-399, as in effect on
January 1, 2009.
(B) “Employer” includes:
(i) An individual who holds an Arkansas com-
mercial 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
(ii) An Arkansas employer’s officer, representa-
tive, or management personnel.
(b) 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.
27-23-203. Applicability — Exemptions.
(a) 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 Regula-
tions, 49 C.F.R. pts. 350-399, as in effect on January
1, 2009;
(2) An employee who holds an Arkansas commer-
cial driver license and who either:
(A) 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
(B) Has submitted an application for employ-
ment with an Arkansas employer for a safety-
sensitive transportation job for which drug and
alcohol tests are required under the Federal Motor
27827-23-131 TRANSPORTATION
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.
(b) This subchapter does not apply to an indi-
vidual who is exempt from holding a commercial
driver license notwithstanding whether the indi-
vidual holds a commercial driver license.
History. Acts 2007, No. 637, § 1; 2009, No. 456, § 13.
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.
27-23-205. Reporting test results.
(a) 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 pursu-
ant 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:
(A) A valid positive result; or
(B) The refusal to provide a specimen for an
alcohol screening test.
(b) 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:
(A) Marijuana metabolites;
(B) Cocaine metabolites;
(C) Amphetamines;
(D) Opiate metabolites; or
(E) 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.
(c) 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 pursu-
ant 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:
(A) A valid positive result; or
(B) The refusal to provide a specimen for an
alcohol screening test.
(d) 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:
(A) Marijuana metabolites;
(B) Cocaine metabolites;
(C) Amphetamines;
(D) Opiate metabolites; or
(E) 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.
27-23-206. Maintenance of information —
Confidentiality.
(a) 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.
(b) 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.
(c) The use of one (1) report generated from the
database to establish noncompliance for the imposi-
tion 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.
(a) 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 sub-
chapter.
(b) The request for information shall be submit-
ted to the Office of Driver Services by the Arkansas
employer with an authorization that is signed by the
employee.
(c)(1)(A) The fee for the request for information is
a nominal fee not to exceed one dollar ($1.00) per
employee per request.
279 27-23-207COMMERCIAL DRIVER LICENSE
(B) The office shall determine the amount of the
fee.
(C) The office shall set the fee before implemen-
tation by rule.
(2) The fee shall be assessed to and paid by the
Arkansas employer requesting the information.
(d) The Arkansas employer shall maintain a re-
cord 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.
27-23-208. Use of database by an employee.
(a) 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.
(b) The request for information shall be submit-
ted with a signed authorization to the Office of
Driver Services by the employee who holds a com-
mercial driver’s license.
(c)(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.
(a)(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.
(b)(1) Except as provided under subdivision (b)(2)
of this section, the penalty for anArkansas 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.
(c) 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).
(d)(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 em-
ployer that contracted with the consortium/third-
party administrator.
(e) 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.
(f) 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.
27-23-210. Miscellaneous authority — Rules.
(a) The Office of Driver Services shall pursue
grants available through the Department of Trans-
portation or other entity to assist with the cost of
this program.
(b) 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 Data-
base.
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.
2. MILITARY SERVICE AND VETERANS.
3. PUBLIC USE VEHICLES — LOCAL GOVERNMENT.
4. PUBLIC USE VEHICLES — STATE GOVERNMENT.
5. PUBLIC USE VEHICLES — FEDERAL GOVERNMENT.
6. NOMINAL FEE PLATES.
7. MEMBERS OF THE GENERAL ASSEMBLY.
8. CONSTITUTIONAL OFFICERS.
9. ARKANSAS STATE GAME AND FISH COMMISSION.
10. COLLEGES, UNIVERSITIES, AND ARKANSAS SCHOOL FOR THE DEAF.
11. AGRICULTURE EDUCATION.
12. AFRICAN-AMERICAN FRATERNITIES AND SORORITIES.
13. PUBLIC AND MILITARY SERVICE RECOGNITION.
14. SPECIAL INTEREST LICENSE PLATES.
15. STREET ROD SPECIAL LICENSE PLATES.
16. DEPARTMENT OF PARKS AND TOURISM.
28027-23-208 TRANSPORTATION
SUBCHAPTER.
17
. CONSERVATION DISTRICTS.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-24-101
. Title.
27-24-102
. Purpose.
27-24-103
. Definitions.
27-24-104
. Reissuance — Regulation.
27-24-105
. Design.
27-24-106
. Change of design.
27-24-107
. Appeals.
27-24-108
. Compliance with other laws.
27-24-109
. Penalty.
27-24-110
. Local fees prohibited.
27-24-111
. Limitation on types of special license plates.
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 Director of the Department of Finance
and Administration;
(2) Continue the special license plates that ex-
isted 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.
27-24-103. Definitions.
As used in this chapter:
(1)(A) “Motor vehicle” means a self-propelled ve-
hicle that is classified as:
(i) A Class One, Class Two, or Class Three
pleasure vehicle under § 27-14-601(a)(1); or
(ii) A Class One truck under § 27-14-
601(a)(3)(A).
(B) “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
(2) “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 — Regulation.
(a) 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 ap-
propriate subchapter governing that type of plate is
submitted and approved by the Director of the
Department of Finance and Administration at least
ninety (90) days prior to April 1, 2007.
(b) The director shall promulgate rules in accor-
dance with the Arkansas Administrative Procedure
Act, § 25-15-201 et seq., to carry out the duties of
the Department of Finance and Administration un-
der 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 re-
ceived 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.
27-24-105. Design.
(a) Unless otherwise provided in this chapter, the
Director of the Department of Finance and Admin-
istration shall have the exclusive power to design or
approve the design used on a special license plate
authorized under this chapter.
(b) 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 charac-
ters.
(c)(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 suc-
ceeding legend.
(2) A special license plate decal created and is-
sued under this chapter shall be permanent.
History. Acts 2005, No. 2202, § 1.
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 Director of the
Department of Finance and Administration under
281 27-24-107SPECIAL LICENSE PLATE ACT OF 2005
this chapter shall be governed by the Arkansas
Administrative Procedure Act, § 25-15-201 et seq.
History. Acts 2005, No. 2202, § 1.
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.
(a) 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.
(b)(1) A person who pleads guilty to, nolo conten-
dere 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 li-
cense plates.
(a) The types of special license plates issued un-
der 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.
(b) A new type of special license plate may be
created and issued under this chapter only if a law
authorizing an existing type of special license plate
is repealed.
History. Acts 2013, No. 1355, § 1.
S
UBCHAPTER 2 — MILITARY SERVICE AND
VETERANS
SECTION
.
27-24-201
. Purpose.
27-24-202
. Legislative findings.
27-24-203
. Definitions.
27-24-204
. Military and veteran special license plates and decals
generally.
27-24-205
. Additional special license plates.
27-24-206
. Fees and limitations.
27-24-207
. Transferability.
27-24-208
. Surviving spouse.
27-24-209
. Redesign and simplification of military service and
veterans special license plates.
27-24-210
. Retired members of armed forces.
27-24-211
. Gold Star Family special license plates — Definitions.
27-24-212
. Disabled veteran motorcycle license plates.
27-24-213
. Veterans of Foreign Wars.
27-24-214
. Veterans of Operation Urgent Fury.
27-24-215
. Veterans of Lebanon Peacekeeping Mission.
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 Assem-
bly 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 vet-
eran who:
(A) Is a citizen and resident of the State of
Arkansas; and
(B) Has been determined by the federal Depart-
ment of Veterans Affairs to be a disabled service-
connected veteran who either:
(i) Is totally and permanently disabled and:
(a) Is the owner of a motor vehicle that is used
by or for the totally and permanently disabled
veteran; or
(b) Is issued a motor vehicle by the federal
Department of Veterans Affairs under any public
law; or
28227-24-108 TRANSPORTATION
(ii) Meets the following criteria:
(a) Is at least thirty percent (30%) disabled; and
(b) 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:
(A) Is a citizen and resident of the State of
Arkansas;
(B) Uses a wheelchair as a result of a nonser-
vice-connected catastrophic injury;
(C) Receives aid and attendance by the federal
Department of Veterans Affairs; and
(D) Is either:
(i) The owner of a motor vehicle that is used by
or for the totally and permanently disabled vet-
eran; or
(ii) Furnished a motor vehicle by the federal
Department of Veterans Affairs;
(4) “Disabled veteran — World War I” means a
World War I veteran who:
(A) Received a disabling injury while serving in
the United States Armed Forces during World
War I; and
(B) Is either:
(i) The owner of a motor vehicle that is used by
or for the totally and permanently disabled vet-
eran; or
(ii) Furnished a motor vehicle by the federal
Department of Veterans Affairs;
(5)(A) “Merchant Marine” means a person who
establishes that he or she:
(i) Served in the United States Merchant Ma-
rine during the period of October 1, 1940, through
December 31, 1945; and
(ii) Is qualified to receive all applicable veter-
ans benefits.
(B) 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;
(6) “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 follow-
ing services of the United States Armed Forces:
(A) The United States Army;
(B) The United States Navy;
(C) The United States Marine Corps;
(D) The United States Air Force;
(E) The United States Coast Guard;
(F) The Army National Guard;
(G) The Air National Guard; or
(H) The reserve components of the United
States Armed Forces;
(7) “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
(8) “Vietnam Veteran” means a veteran who can
establish that he or she received the Vietnam Ser-
vice 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.
27-24-204. Military and veteran special li-
cense plates and decals generally.
(a) 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 Director of the Depart-
ment 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.
(b) Beginning January 1, 2014, the director shall
create and issue a permanent decal for a Vietnam
Era Veteran consistent with § 27-24-209 to an eli-
gible applicant.
(c)(1) The Purple Heart Recipient special license
plate that existed before April 13, 2005, shall con-
tinue to be issued by the director to an eligible
applicant.
(2) However, on the Purple Heart Recipient spe-
cial license plates issued after April 13, 2005, the
words “Purple Heart — Combat Wounded” shall
appear.
(d) The director 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:
(A) Status as a disabled veteran or veteran of a
foreign war;
(B) Status of being the recipient of a military
honor;
(C) Status of being an ex-prisoner of war; or
(D) Past or present military service; and
(2) Either:
(A) Has an honorable record of military service;
or
(B) Was honorably discharged from military
service.
283 27-24-204SPECIAL LICENSE PLATE ACT OF 2005
History. Acts 2005, No. 2202, § 1; 2007, No. 109, § 1; 2013, No.
495, § 2.
27-24-205. Additional special license plates.
The Director 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 subchap-
ter has been filed by either:
(A) The Adjutant General for the State of Ar-
kansas for a special license plate related to mem-
bers of the National Guard and reserve compo-
nents of the armed forces; or
(B) The Director of the Department of Veterans
Affairs for a special license plate related to veter-
ans or any other branch of the armed forces of the
United States; and
(2) Whether there has been a recent armed con-
flict 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.
27-24-206. Fees and limitations.
(a)(1) Except as provided in subdivision (a)(2) and
subdivision (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 subchap-
ter, the Director of the Department of Finance and
Administration may charge an annual fee for re-
newal not to exceed one dollar ($1.00).
(b)(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.
(c) An eligible applicant for the issuance or re-
newal 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.
(d)(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 re-
newal of an ex-prisoner of war special license plate
may obtain one (1) additional special license plate
under this subchapter at no additional charge.
(e) An eligible applicant for the issuance or re-
newal of a military or veteran special license plate
under this subchapter may elect to receive a stan-
dard 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.
27-24-207. Transferability.
A special license plate issued under this subchap-
ter 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.
(a)(1) Except as provided in subdivisions (a)(2)
and (3) of this section, a special license plate issued
under this subchapter may be reissued to the sur-
viving 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 pay-
ment 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.
(b) The surviving spouse of a deceased person
who was entitled to receive a special license plate
under this subchapter shall not be eligible for park-
ing privileges in designated accessible parking
spaces for persons with disabilities unless the sur-
viving spouse is a person with a disability as defined
in § 27-15-302.
History. Acts 2005, No. 2202, § 1; 2013, No. 1069, § 1; 2017, No.
965, § 1.
27-24-209. Redesign and simplification of
military service and veterans special license
plates.
(a) The Office of Motor Vehicle shall redesign and
simplify all military service and veterans special
28427-24-205 TRANSPORTATION
license plates issued under this subchapter that are
in existence on September 1, 2009.
(b)(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.
(c)(1) The office shall design a branch decal based
on the official emblem for each of the following:
(A) The United States Army;
(B) The United States Army Reserve;
(C) The United States Navy;
(D) The Navy Reserve;
(E) The United States Marine Corps;
(F) The Marine Corps Reserve;
(G) The United States Air Force;
(H) The Air Force Reserve;
(I) The United States Coast Guard;
(J) The United States Coast Guard Reserve;
(K) The Army National Guard; and
(L) The Air National Guard.
(2)(A) The office is to seek the advice and input of
the Director of the Department of Veterans Affairs
and The Adjutant General for the State of Arkan-
sas on the design of the branch decal.
(B) The office shall comply with the provisions
of 10 U.S.C. § 1057 and 10 U.S.C. § 7881.
(3) The branch 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
served in the branch before the office issues the
branch decal.
(5) If the applicant does not purchase a medal
decal under subsection (d) of this section, an em-
ployee of the office shall affix the branch decal to the
special license plate at the time of issuance to the
applicant.
(6) There is no additional charge for a branch
decal under this subsection.
(d)(1)(A) The office shall design and make avail-
able 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.
(B) Every two (2) years following the Jult 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.
(2) The medal decal is to be designed based on the
official medal that it represents.
(3) The office is to seek the advice and input of the
director and The Adjutant General for 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.
(4) The medal decal shall be of a size to fit on the
license plate next to the officially designated license
plate number.
(5) The applicant shall establish that he or she
was awarded the medal before the office issues the
medal decal.
(6) 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.
(7)(A) 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 Fu-
neral Honors Fund.
(B) 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 ad-
ministrative costs.
(8) The medal decal under this subsection is op-
tional, and if it is not purchased, the applicant will
receive a branch decal as provided under subsection
(c) of this section.
(e) An applicant for a redesigned special license
plate under this section shall meet the requirements
of this subchapter.
(f) 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.
(g) Military service special license plates issued
under this subchapter before the effective date of
this act shall be valid and are not required to be
exchanged until requested by the office.
(h) The office may use special license plates that
were created and purchased under this subchapter
before the July 31, 2009.
History. Acts 2009, No. 784, § 1.
27-24-210. Retired members of armed forces.
(a) The Department of Finance and Administra-
tion shall continue the special license plate for
retired members of the armed forces that existed
before the July 31, 2009.
(b)(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”.
(c) 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).
(d) 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.
(e) The registration of a special license plate un-
der 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.
285 27-24-210SPECIAL LICENSE PLATE ACT OF 2005
(f) 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.
27-24-211. Gold Star Family special license
plates — Definitions.
(a) The purpose of this section is to honor the
family members of a deceased service member.
(b) The Department of Finance and Administra-
tion 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.
(c) There is no cost for the issuance or renewal of
the Gold Star Family special license plate under this
section.
(d)(1) The Department of Finance and Adminis-
tration shall design the 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 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.
(e) A Gold Star Family special license plate is not
transferable as provided under § 27-24-207.
(f) The registration of a special license plate un-
der this section may continue from year to year so
long as it is renewed each year within the time and
manner required by law.
(g) A family member applying for a Gold Star
Family special license plate authorized by subsec-
tion (b) of this section shall provide the Department
of Finance and Administration with:
(1) Evidence of the receipt of a Gold Star lapel
button issued by the United States Department of
Defense under 10 U.S.C. § 1126; or
(2) A copy of the final Leave and Earnings State-
ment issued to the deceased service member show-
ing that he or she was entitled to:
(A) Hardship duty pay;
(B) Hostile fire pay; or
(C) Imminent danger pay.
(h) As used in this section:
(1) “Deceased service member” means a member
of the United States Armed Forces who died while
serving in:
(A) An area of conflict recognized by the United
States Department of Defense; or
(B) A location that entitles the deceased service
member to:
(i) Hardship duty pay;
(ii) Hostile fire pay; or
(iii) Imminent danger pay; and
(2) “Family member” means a spouse, parent,
sibling, or child of a member of the United States
Armed Forces.
History. Acts 2009, No. 685, § 1; 2017, No. 493, § 1.
27-24-212. Disabled veteran motorcycle li-
cense plates.
(a) 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.
(b) The Department of Finance and Administra-
tion 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.
(c) The department shall design the special li-
cense plate issued under this section consistent with
§ 27-24-209.
(d)(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).
(e) The registration of a special license plate un-
der 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.
(a) 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.
(b) 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.
(c) The Department of Finance and Administra-
tion is authorized to issue a Veterans of Foreign
Wars special license plate to an applicant who es-
tablishes 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.
28627-24-211 TRANSPORTATION
(d)(1) The Department of Finance and Adminis-
tration shall design the special license plate issued
under this section in consultation with the Depart-
ment 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 appli-
cant is eligible to be issued the decal.
(e) An applicant who qualifies for a special license
plate under subdivision (c)(1) of this section:
(1) Shall pay:
(A) A fundraising fee of ten dollars ($10.00) for
the issuance and renewal of the first special li-
cense plate; and
(B) An annual fee not to exceed one dollar
($1.00) that the Director 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 li-
cense 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.
(f) 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.
(g) 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.
27-24-214. Veterans of Operation Urgent Fury.
(a) The Department of Finance and Administra-
tion is authorized to issue one (1) special license
plate under this section to an applicant who estab-
lishes upon initial application that he or she is a
veteran of the armed forces who served in Grenada
during Operation Urgent Fury.
(b)(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”.
(c) 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).
(d) Upon the initial application for a special li-
cense 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 require-
ments of this section.
(e) The registration of a special license plate un-
der 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.
(a) The Department of Finance and Administra-
tion is authorized to issue one (1) special license
plate under this section to an applicant who estab-
lishes upon initial application that he or she is a
veteran of the armed forces who served in Lebanon
during the Lebanon Peacekeeping Mission.
(b)(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 “Lebanon”.
(c) 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).
(d) Upon the initial application for a special li-
cense plate issued under this section, a veteran of
the armed forces who served in Lebanon during the
Lebanon Peacekeeping Mission shall provide ad-
equate proof to the department that he or she meets
the requirements of this section.
(e) 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.
S
UBCHAPTER 3 — PUBLIC USE VEHICLES —
L
OCAL GOVERNMENT
SECTION
.
27-24-301
. Purpose.
27-24-302
. Application for counties.
27-24-303
. County quorum courts.
27-24-304
. Application for cities and incorporated towns.
27-24-305
. Validity.
27-24-306
. Other public entities.
27-24-301. Purpose.
The purpose of this subchapter is to:
(1) Continue the special license plates for coun-
ties, cities, towns, and members of county quorum
courts;
287 27-24-301SPECIAL LICENSE PLATE ACT OF 2005
(2) Transfer the authority to the Department of
Finance and Administration to issue additional spe-
cial 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.
(a) A county judge in the State of Arkansas may
apply for special license plates under this subchap-
ter.
(b) 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:
(A) The county judge;
(B) The county treasurer; and
(C) The county sheriff.
History. Acts 2005, No. 2202, § 1.
27-24-303. County quorum courts.
(a) An Arkansas resident who is an elected mem-
ber 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.
(b)(1) An application submitted under this section
shall include the following:
(A) A copy of the justice of the peace’s commis-
sion from the Secretary of State;
(B) The payment of all taxes and fees imposed
by law for the issuance of registration and license
plates on motor vehicles; and
(C) 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.
(c) A quorum court member may register one (1)
motor vehicle and receive a justice of the peace
special license plate decal.
(d) 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 “Jus-
tice of the Peace”.
(e) 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.
(f) 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 mem-
ber’s official duties.
(g) 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 registra-
tion and license plates on motor vehicles.
History. Acts 2005, No. 2202, § 1.
27-24-304. Application for cities and incorpo-
rated towns.
(a) A mayor of a city or incorporated town in the
state may apply for special license plates under this
subchapter.
(b) 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 busi-
ness of the city or incorporated town:
(A) The mayor; and
(B) The city clerk.
History. Acts 2005, No. 2202, § 1.
27-24-305. Validity.
(a) A special license plate issued under this sub-
chapter 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.
(b) A special license plate issued under § 27-24-
302, § 27-24-304, or § 27-24-306 shall not be re-
quired to be renewed annually.
History. Acts 2005, No. 2202, § 1; 2007, No. 536, § 2.
27-24-306. Other public entities.
(a) The following public entities may apply for
special license plates under this subchapter through
their directors, chairs, or other authorized represen-
tatives:
(1) Regional airports authorized under the Re-
gional Airport Act, § 14-362-101 et seq.; and
28827-24-302 TRANSPORTATION
(2) Regional water distribution districts autho-
rized under The Regional Water Distribution Dis-
trict Act, § 14-116-101 et seq.
(b) 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:
(A) The public entity exists to serve a public
purpose; and
(B) The motor vehicle to which the special li-
cense plate is attached is:
(i) Owned by the public entity; and
(ii) Used exclusively for the business of the
public entity.
History. Acts 2007, No. 536, § 3.
S
UBCHAPTER 4 — PUBLIC USE VEHICLES —
S
TATE GOVERNMENT
SECTION
.
27-24-401
. Purpose.
27-24-402
. Metal plates required on state highway vehicles.
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 Director 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.
27-24-402. Metal plates required on state
highway vehicles.
(a) The State Highway Commission shall not be
required to purchase a license plate from the De-
partment of Finance and Administration for a motor
vehicle, truck, or trailer owned or leased by the
Arkansas Department of Transportation or as oth-
erwise determined by minute order of the commis-
sion.
(b)(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:
(A) Words that state that the vehicle upon
which the plate is placed belongs to the Arkansas
Department of Transportation; and
(B) 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:
(A) The number of all metal plates placed upon
vehicles belonging to the Arkansas Department of
Transportation; and
(B)(i) A description of the vehicle on which each
plate is placed.
(ii) 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.
S
UBCHAPTER 5 — PUBLIC USE VEHICLES —
F
EDERAL GOVERNMENT
SECTION
.
27-24-501
. Federal government exemption.
27-24-501. Federal government exemption.
(a) A vehicle shall be exempt from the require-
ment 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.
(b) 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.
(c) The Director 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.
S
UBCHAPTER 6 — NOMINAL FEE PLATES
SECTION
.
27-24-601
. Purpose.
27-24-602
. Definitions.
27-24-603
. Existing special license plates.
27-24-604
. Additional special license plates.
27-24-605
. Nominal fee.
27-24-606
. Religious organizations.
27-24-607
. Youth groups.
27-24-608
. 4-H clubs.
27-24-609
. Volunteer rescue squads.
27-24-610
. Boy Scouts of America.
27-24-611
. Civil Air Patrol.
27-24-612
. Orphanages.
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 be-
fore April 13, 2005, and to transfer the authority to
the Department of Finance and Administration to
issue additional nominal fee plates in limited cir-
cumstances as provided under this subchapter.
History. Acts 2005, No. 2202, § 1.
289 27-24-601SPECIAL LICENSE PLATE ACT OF 2005
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:
(A) Owned or exclusively leased by a religious
organization; and
(B) Used exclusively for the functions of the
religious organization;
(3) “Congregation” means the members of a reli-
gious organization;
(4) “Religious organization” means a church or
other place of worship that:
(A) Is located in the state; and
(B) Provides religious services to its congrega-
tion;
(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 Director of the Department of Finance
and Administration.
History. Acts 2005, No. 2202, § 1.
27-24-604. Additional special license plates.
The Director 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 li-
cense plate will have a minimal annual fiscal and
budgetary impact as determined by the director; 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 re-
lated to their eligibility.
History. Acts 2005, No. 2202, § 1.
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.
(a)(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 organi-
zation may apply to the Director of the Department
of Finance and Administration for the issuance of a
church bus special license plate to be used exclu-
sively on church buses owned and operated by the
religious organization.
(2)(A) The application for a special license plate
under this section shall include an affidavit that:
(i) Is signed by each applicant; and
(ii) States that the motor vehicle to which the
special license plate shall be attached is a church
bus as defined under this subchapter.
(B)(i) 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.
(ii) 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.
(b) This section shall not relieve a religious orga-
nization from the payment of gross receipts tax or
compensating use tax on the purchase of a church
bus.
History. Acts 2005, No. 2202, § 1.
27-24-607. Youth groups.
(a) A civic club, person, or entity that furnishes to
a youth group a motor vehicle that is used exclu-
sively for youth group purposes may apply to the
Director of the Department of Finance and Admin-
istration 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.
(b) A youth group that owns and operates a motor
vehicle that is used exclusively for youth group
purposes may apply to the director 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.
27-24-608. 4-H clubs.
(a) 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 Director of
29027-24-602 TRANSPORTATION
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.
(b) A 4-H club that owns and operates a motor
vehicle that is used exclusively for 4-H club purposes
may apply to the director 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.
27-24-609. Volunteer rescue squads.
(a) A person or entity that owns a motor vehicle
that is used exclusively by volunteer rescue squads
may apply to the Director 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.
(b) 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.
(c) 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.
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 Director of the Depart-
ment 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.
27-24-611. Civil Air Patrol.
(a) 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.
(b) Upon submitting proof of eligibility and com-
plying 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.
(a) The head of an orphanage in the State of
Arkansas may apply to the Director of the Depart-
ment 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.
(b) The application shall include an affidavit on a
form prescribed by the director 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 orphan-
age.
History. Acts 2005, No. 2202, § 1.
S
UBCHAPTER 7 — MEMBERS OF THE GENERAL
ASSEMBLY
SECTION
.
27-24-701
. Purpose.
27-24-702
. Special license plates.
27-24-703
. Members of Senate.
27-24-704
. Members of House of Representatives.
27-24-705
. Taxes and fees.
27-24-706
. Issuance and transfer.
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 Director 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 sub-
chapter.
History. Acts 2005, No. 2202, § 1.
27-24-703. Members of Senate.
(a)(1) The Director 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”.
291 27-24-703SPECIAL LICENSE PLATE ACT OF 2005
(b) Upon each of the special license plates there
shall appear the word “Senator” in addition to other
identification information as the director with the
approval of the Senate Efficiency Committee and
subject to the approval of the Senate.
(c)(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-num-
bered year, the secretary as directed by the Senate
Efficiency Committee shall furnish the director 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.
(3)(A) The words “President Pro Tem” shall ap-
pear on special license plate number “1”.
(B) [Repealed.]
(C) The words “Secretary of the Senate” shall
appear on special license plate number “36”.
(D) The words “Senate Chief of Staff” shall
appear on special license plate number “37”.
(E)(i) The word “Senator” shall appear on the
standard Senate special license plate numbers “1”
through “35”.
(ii) The assignment of the numbers “1” through
“35” shall be made by the Senate Efficiency Com-
mittee.
(d) A member of the Senate who desires to obtain
special license plates may obtain them by applying
to the director 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.
27-24-704. Members of House of Representa-
tives.
(a)(1) The Director 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 distri-
bution.
(3) Upon receipt of the plates, the director shall
deliver them to the Speaker of the House of Repre-
sentatives for issuance.
(b)(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 Representa-
tives special license plates and on the “Member”
special license plates.
(4) The following seven (7) special license plates
shall be prepared as follows:
(A) The words “Speaker of the House” shall
appear on special license plate “1”;
(B) The words “House Speaker Pro Tem” shall
appear on special license plate “2”;
(C) The words “House Parliamentarian” shall
appear on special license plate “3X”;
(D) The words “xHouse Parliamentarian” shall
appear on the special license plate “x3x”;
(E) The words “House Chief of Staff” shall ap-
pear on special license plate “3”;
(F) The words “House Info Director” shall ap-
pear on special license plate “0”; and
(G) The words “Chaplain of the House” shall
appear on special license plate “4”.
(c) On or before January 15 of each year, the
Speaker of the House of Representatives shall fur-
nish the director 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 vehi-
cle’s regular license plate number issued by the
Department of Finance and Administration and the
vehicle identification number.
(d) 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.
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.
(a) All applications for special license plates is-
sued under this subchapter must contain the follow-
ing 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.
29227-24-704 TRANSPORTATION
(b) A special license plate issued under this sub-
chapter shall be issued only for a vehicle that is
currently and properly registered and licensed in
Arkansas.
(c)(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 Repre-
sentatives 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 trans-
ferred, identifying both vehicles by their respective
vehicle identification numbers and regular license
plate numbers issued by the department.
(d) 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.
S
UBCHAPTER 8 — CONSTITUTIONAL OFFICERS
SECTION
.
27-24-801
. Purpose.
27-24-802
. Special license plates authorized.
27-24-803
. Constitutional Officer special license plate.
27-24-804
. Issuance and transfer.
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 Director of the Department of Finance and
Administration shall furnish each constitutional of-
ficer a Constitutional Officer special license plate for
his or her personal motor vehicles under this sub-
chapter.
History. Acts 2005, No. 2202, § 1.
27-24-803. Constitutional Officer special li-
cense plate.
(a)(1) The Director 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”.
(b)(1) Upon each of the special license plates
there shall appear the words “Constitutional Offi-
cer” in addition to the other identifying information
as the director shall determine.
(2) Each constitutional officer is entitled to the
issuance of a special license plate for up to two (2)
personal motor vehicles.
(c)(1) The special license plate numbered “01”
shall be reserved for the Governor.
(2) On or before January 15 of each odd-num-
bered year, the Governor shall furnish the director
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.
(3)(A) The number “01” shall appear on the spe-
cial license plate for the Governor.
(B) The number “02” shall appear on the special
license plate for the Lieutenant Governor.
(C) The number “03” shall appear on the special
license plate for the Secretary of State.
(D) The number “04” shall appear on the spe-
cial license plate for the Attorney General.
(E) The number “05” shall appear on the special
license plate for the Treasurer of State.
(F) The number “06” shall appear on the special
license plate for the Auditor of State.
(G) The number “07” shall appear on the spe-
cial license plate for the Commissioner of State
Lands.
(d) A constitutional officer who desires to obtain
special license plates may obtain them by applying
to the director upon forms to be provided by the
director and by paying the taxes and fees that may
be due.
History. Acts 2005, No. 2202, § 1.
27-24-804. Issuance and transfer.
(a) All applications for Constitutional Officer spe-
cial 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.
(b) A special license plate issued under this sub-
chapter shall be issued only for a vehicle that is
currently and properly registered and licensed in
the State of Arkansas.
(c)(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.
293 27-24-804SPECIAL LICENSE PLATE ACT OF 2005
(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 trans-
ferred, identifying both vehicles by the respective
vehicle identification numbers and regular license
plate numbers issued by the department.
(d) 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.
S
UBCHAPTER 9 — ARKANSAS STATE GAME AND
FISH COMMISSION
SECTION
.
27-24-901
. Purpose.
27-24-902
. Continuation of existing special license plates for Ar-
kansas State Game and Fish Commission ve-
hicles.
27-24-903
. Existing special license plates.
27-24-904
. Additional special license plates.
27-24-905
. Issuance — Renewal — Replacement.
27-24-906
. License plate options.
27-24-907
. Transferability.
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 com-
mission 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.
(a) The Arkansas State Game and Fish Commis-
sion 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.
(b) 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
Director of the Department of Finance and Admin-
istration.
(c) Nothing in this section shall exempt the com-
mission from the payment of the annual fees pre-
scribed by law for the registration of its motor
vehicles.
History. Acts 2005, No. 2202, § 1.
27-24-903. Existing special license plates.
(a) Except as provided in subsection (b) of this
section, the Director 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.
(b)(1) The commission may request that the De-
partment of Finance and Administration discon-
tinue 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 director
stating which plates the department is to discon-
tinue.
History. Acts 2005, No. 2202, § 1.
27-24-904. Additional special license plates.
(a)(1) The Director of the Department of Finance
and Administration shall accept requests from the
Arkansas State Game and Fish Commission to cre-
ate 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 director.
(b) When considering a request from the commis-
sion for an additional special license plate, the
director shall consider the following factors:
(1) The current supply and demand of the exist-
ing commission special license plates;
(2) The administrative cost to the Department of
Finance and Administration for issuance of an addi-
tional commission special license plate; and
(3) The estimated demand for the additional spe-
cial license plate requested by the commission.
(c)(1) If the request is approved, the director shall
determine:
(A) 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;
(B) The number of applications that must be
received to cover the cost of the initial orders of
new designs for special license plates; or
(C) 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.
(2)(A) The fee remitted under subdivision (c)(1) of
this section shall be deposited into the State
Central Services Fund for the benefit of the Rev-
enue Division of the Department of Finance and
Administration.
29427-24-901 TRANSPORTATION
(B) The fee shall be credited as supplemental
and in addition to all other funds as may be
deposited for the benefit of the division.
(C) The fee shall not be considered or credited
to the division as direct revenue.
History. Acts 2005, No. 2202, § 1.
27-24-905. Issuance — Renewal — Replace-
ment.
(a) 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 subchap-
ter.
(b) 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-rais-
ing purposes; and
(3) A handling and administrative fee in the
amount of ten dollars ($10.00).
(c) 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.
(d) 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.
(e) The fee remitted under subdivision (b)(2) of
this section shall be deposited into the Game Pro-
tection 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.
(f)(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 Divi-
sion of the Department of Finance and Administra-
tion.
(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.
(g) 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.
(h) If an owner of a motor vehicle who was previ-
ously issued a special license plate under this sub-
chapter 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 Depart-
ment of Finance and Administration as provided by
law; or
(2)(A) Apply for a special personalized prestige
license plate pursuant to §§ 27-14-1101 and 27-
14-1102.
(B) However, the use of letters and numbers on
a personalized prestige license plate shall be lim-
ited to the rules of the Director of the Department
of Finance and Administration.
History. Acts 2005, No. 2202, § 1.
27-24-907. Transferability.
The special license plates issued under this sub-
chapter may be transferred from one (1) vehicle to
another pursuant to § 27-14-914.
History. Acts 2005, No. 2202, § 1.
S
UBCHAPTER 10 — COLLEGES, UNIVERSITIES,
AND ARKANSAS SCHOOL FOR THE DEAF
SECTION
.
27-24-1001
. Purpose.
27-24-1002
. Definition.
27-24-1003
. Existing special license plates.
27-24-1004
. Additional special license plates.
27-24-1005
. Issuance — Renewal — Replacement.
27-24-1006
. Transferability.
27-24-1007
. License plate options.
27-24-1008
. Use of funds by college or university.
27-24-1009
. Limitation on remedies.
27-24-1010
. Arkansas School for the Deaf.
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 schol-
arships and to transfer the authority to the Depart-
ment of Finance and Administration to issue addi-
tional college and university special license plates;
and
(2) Authorize a special license plate for the Ar-
kansas School for the Deaf, which is accredited by an
295 27-24-1001SPECIAL LICENSE PLATE ACT OF 2005
accrediting agency recognized by the federal Depart-
ment 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.
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 recog-
nized by the federal Department of Education;
(4) Certifies to the Department of Higher Educa-
tion that its students are accepted for transfer at
institutions accredited by an accrediting agency
recognized by the federal Department of Education;
and
(5) Does not discriminate against applicants, stu-
dents, 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.
27-24-1003. Existing special license plates.
(a) Except as provided in subsection (b) of this
section, the Director of the Department of Finance
and Administration shall continue the collegiate
special license plates that existed before April 13,
2005.
(b)(1) The board of trustees of a college or univer-
sity may request that the Department of Finance
and Administration discontinue the college’s or uni-
versity’s special license plate.
(2) To request a discontinuance of a special li-
cense plate issued under this subchapter, the board
of trustees of the college or university shall present
a resolution to the director requesting the depart-
ment to discontinue the college’s or university’s
special license plate.
History. Acts 2005, No. 2202, § 1.
27-24-1004. Additional special license plates.
(a)(1) The Director 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 subchap-
ter 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 director.
(b) The director shall approve one (1) design for a
special license plate for each college or university
that requests a special license plate.
(c) The director 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 re-
ceived 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.
(d) The director shall issue additional special li-
cense plates as provided under this subchapter.
History. Acts 2005, No. 2202, § 1.
27-24-1005. Issuance — Renewal — Replace-
ment.
(a) 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 subchap-
ter.
(b) 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).
(c) To renew a special license plate issued under
this subchapter, the owner of the motor vehicle shall
remit to the Department of Finance and Adminis-
tration the fees stated in subsection (b) of this
section.
(d) 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.
(e)(1) The department shall remit the fees col-
lected 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.
(f)(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 Divi-
29627-24-1002 TRANSPORTATION
sion of the Department of Finance and Administra-
tion.
(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.
(g) 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.
(h) If an owner of a motor vehicle who was previ-
ously issued a special license plate under this sub-
chapter 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.
(i) 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.
27-24-1006. Transferability.
The special license plates issued under this sub-
chapter 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 Depart-
ment of Finance and Administration as provided by
law; or
(2)(A) Apply for a special personalized prestige
license plate pursuant to §§ 27-14-1101 and 27-
14-1102.
(B) However, the use of letters and numbers on
a personalized prestige license plate shall be lim-
ited to the rules of the Director of the Department
of Finance and Administration.
History. Acts 2005, No. 2202, § 1.
27-24-1008. Use of funds by college or univer-
sity.
(a)(1)(A) A participating college or university
shall use eighty-five percent (85%) of the funds
received from the design-use contribution fee au-
thorized under § 27-24-1005(b)(2) solely for aca-
demic or need-based scholarships.
(B) Procedures and criteria used to determine
the distribution of the scholarships shall be estab-
lished and followed by the college or university
distributing the funds derived from the collegiate
special license plate program.
(2) The college or university shall use the remain-
ing 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.
(b) 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 pay-
ment of the design-use contribution fee.
History. Acts 2005, No. 2202, § 1.
27-24-1010. Arkansas School for the Deaf.
(a) The Director 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 un-
der this subchapter.
(b) 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.
(c) The director 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;
297 27-24-1010SPECIAL LICENSE PLATE ACT OF 2005
(2) The number of applications that must be re-
ceived 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.
(d) 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)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the Arkansas School for the Deaf
Foundation to be used for foundation purposes;
and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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 Founda-
tion.
History. Acts 2011, No. 726, § 4.
S
UBCHAPTER 11 — AGRICULTURE EDUCATION
SECTION
.
27-24-1101
. Purpose.
27-24-1102
. Definition.
27-24-1103
. Existing special license plate.
27-24-1104
. Additional special license plates.
27-24-1105
. Design and approval procedure.
27-24-1106
. Issuance — Renewal — Replacement.
27-24-1107
. Use of funds by college or university.
27-24-1108
. Transferability.
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 agricul-
ture or agriculture-related studies;
(2) Is located in the State of Arkansas;
(3) Is accredited by an accrediting agency recog-
nized by the federal Department of Education;
(4) Certifies to the Department of Higher Educa-
tion that its students are accepted for transfer at
institutions accredited by an accrediting agency
recognized by the federal Department of Education;
and
(5) Does not discriminate against applicants, stu-
dents, 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.
27-24-1103. Existing special license plate.
The special license plate for the Division of Agri-
culture of the University of Arkansas that was in
existence before April 13, 2005, shall continue to be
issued by the Director of the Department of Finance
and Administration.
History. Acts 2005, No. 2202, § 1.
27-24-1104. Additional special license plates.
The Director of the Department of Finance and
Administration shall accept requests for a special
license plate for the agriculture division, depart-
ment, or program of a college or university under
this subchapter.
History. Acts 2005, No. 2202, § 1.
27-24-1105. Design and approval procedure.
(a) 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 Director of the Department of
Finance and Administration.
(b) The director 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.
(c)(1) If the director approves the request, the
director shall determine:
(A) 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;
(B) The number of applications that must be
received to cover the cost of the initial orders of
new designs for special license plates; or
29827-24-1101 TRANSPORTATION
(C) 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)(A) The fee remitted under this section shall be
deposited into the State Central Services Fund for
the benefit of the Revenue Division of the Depart-
ment of Finance and Administration.
(B) The fee shall be credited as supplemental
and in addition to all other funds as may be
deposited for the benefit of the division.
(C) The fee shall not be considered or credited
to the division as direct revenue.
(d)(1) A college or university may submit a newly
designed special license plate for approval and issu-
ance by the director not more than one (1) time in
each period of five (5) years under this subchapter.
(2) If the director approves a request, then the
director shall determine:
(A) 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;
(B) The number of applications that must be
received to cover the cost of the initial orders of
new designs for special license plates; or
(C) 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.
27-24-1106. Issuance — Renewal — Replace-
ment.
(a) 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 subchap-
ter.
(b) 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).
(c) 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.
(d) 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.
(e)(1) The Department of Finance and Adminis-
tration shall remit the fees collected under subdivi-
sion (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.
(f)(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 Divi-
sion of the Department of Finance and Administra-
tion.
(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.
(g) 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.
(h) If an owner of a motor vehicle who was previ-
ously issued a special license plate under this sub-
chapter 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 pro-
vided under §§ 27-14-1007 and 27-14-1008.
(i) 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 univer-
sity.
(a)(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.
(b) 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 appropria-
tion to the college or university.
299 27-24-1107SPECIAL LICENSE PLATE ACT OF 2005
History. Acts 2005, No. 2202, § 1.
27-24-1108. Transferability.
The special license plates issued under this sub-
chapter may be transferred from one (1) motor
vehicle to another pursuant to § 27-14-914.
History. Acts 2005, No. 2202, § 1.
S
UBCHAPTER 12 — AFRICAN-AMERICAN
FRATERNITIES AND SORORITIES
SECTION
.
27-24-1201
. Purpose.
27-24-1202
. Definitions.
27-24-1203
. Authority continued.
27-24-1204
. Additional special license plates.
27-24-1205
. Design and approval procedure.
27-24-1206
. Issuance — Renewal — Replacement.
27-24-1207
. Disposition of fee — List.
27-24-1208
. Use of funds.
27-24-1209
. Limitation on remedies.
27-24-1201. Purpose.
The purpose of this subchapter is to continue the
special license plates for African-American fraterni-
ties and sororities that were authorized before April
13, 2005, and to transfer the authority to the De-
partment 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 con-
tinue.
History. Acts 2005, No. 2202, § 1.
27-24-1204. Additional special license plates.
The Director 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.
27-24-1205. Design and approval procedure.
(a) The design for a special license plate issued
under this subchapter that commemorates an Afri-
can-American fraternity or sorority shall be de-
signed by the African-American fraternity or soror-
ity and shall be submitted for the approval of the
Director of the Department of Finance and Admin-
istration.
(b) The director shall approve one (1) design for
each participating African-American fraternity or
sorority.
(c)(1) If the director approves the design, the
director shall determine:
(A) 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;
(B) The number of applications that must be
received to cover the cost of the initial orders of
new designs for special license plates; or
(C) 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 Admin-
istration 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.
(d) The director shall promulgate reasonable
rules and regulations and prescribe the forms nec-
essary for effectively carrying out the intent and
purposes of this subchapter.
History. Acts 2005, No. 2202, § 1.
27-24-1206. Issuance — Renewal — Replace-
ment.
(a) 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
30027-24-1108 TRANSPORTATION
(4) Pays the additional fees for the special license
plate as required under this subchapter.
(b) 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 Director of the Department
of Finance and Administration to cover the design-
use contribution by the African-American fraternity
or sorority or for fund-raising purposes; and
(3) A handling and administrative fee in the
amount of ten dollars ($10.00).
(c) 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.
(d) 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.
(e) 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.
(f)(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.
(g) 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.
(h) If an owner of a motor vehicle who was previ-
ously issued a special license plate under this sub-
chapter 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 pro-
vided under §§ 27-14-1007 and 27-14-1008.
(i) 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.
27-24-1207. Disposition of fee — List.
(a) Except for African-American fraternities and
sororities, the Revenue Division of the Department
of Finance and Administration shall remit the de-
sign-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 pro-
vided in this subchapter.
(b)(1) The division shall remit the design-use con-
tribution fee collected for special license plates is-
sued 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:
(A) The University of Arkansas at Pine Bluff;
(B) Philander Smith College;
(C) Arkansas Baptist College; and
(D) Shorter College.
(2) The historically African-American institutions
of higher education shall share in the funds in the
following proportion:
(A) The University of Arkansas at Pine Bluff,
forty percent (40%);
(B) Philander Smith College, twenty-five per-
cent (25%);
(C) Arkansas Baptist College, twenty percent
(20%); and
(D) Shorter College, fifteen percent (15%).
(c) The Department of Finance and Administra-
tion shall also provide to each participating African-
American fraternity or sorority a list of persons who
have paid for the special African-American frater-
nity or sorority license plates during the specified
period.
History. Acts 2005, No. 2202, § 1.
27-24-1208. Use of funds.
(a) 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.
(b) Procedures and criteria used to determine the
distribution of the scholarships shall be established
and followed by the endowment funds of the partici-
pating institutions of higher education that distrib-
ute 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
301 27-24-1209SPECIAL LICENSE PLATE ACT OF 2005
against the Department of Finance and Administra-
tion if any special license plate is erroneously issued
or renewed without payment of the design-use au-
thorization statement.
History. Acts 2005, No. 2202, § 1.
S
UBCHAPTER 13 — PUBLIC AND MILITARY
SERVICE RECOGNITION
SECTION
.
27-24-1301
. Purpose.
27-24-1302
. Definitions.
27-24-1303
. Firefighters.
27-24-1304
. Retired state troopers.
27-24-1305
. [Repealed.]
27-24-1306
. Emergency medical services professionals.
27-24-1307
. Additional public service special license plates with
decals.
27-24-1308
. Transferability.
27-24-1309
. Limitation.
27-24-1310
. Reporting of use of proceeds.
27-24-1311
. Professional firefighters.
27-24-1312
. Cold War veterans.
27-24-1313
. United States veterans.
27-24-1314
. Constables.
27-24-1315
. [Repealed.]
27-24-1316
. Support of law enforcement.
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 em-
ployees 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.
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:
(A) Is responsible for the prevention and detec-
tion of crime and the enforcement of the criminal,
traffic, or highway laws of this state; and
(B) Has met the selection and training require-
ments for certification set by the Arkansas Com-
mission 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 Dis-
charge from Active Duty of the Department of De-
fense known as the DD Form 214;
(3) “Constable” means a person who is:
(A) Elected under Arkansas Constitution, Ar-
ticle 7, § 47, and the laws of this state to serve as
constable; and
(B) 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 fire-
fighter;
(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 or-
dinance 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 pro-
viding the service; and
(8) “Retired state trooper” means a former em-
ployee of the Department of Arkansas State Police
who is eligible for and is receiving retirement ben-
efits 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.
27-24-1303. Firefighters.
(a) The Department of Finance and Administra-
tion shall continue the special license plate for
firefighters that existed before April 13, 2005.
(b) 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.
(c)(1) A firefighter may apply for and annually
renew special license plates issued under this sec-
tion.
(2) The fee for the initial application for a special
license plate under this section is:
(A) The fee required by law for the registration
and licensing of the motor vehicle;
(B) A handling and administrative fee in the
amount of ten dollars ($10.00); and
(C) An additional fee of five dollars ($5.00) to be
remitted monthly to the board.
30227-24-1301 TRANSPORTATION
(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).
(d)(1) Upon the initial application for a special
license plate issued under this section, the fire-
fighter shall provide adequate proof to the depart-
ment that he or she is:
(A) Certified by the board as a firefighter; or
(B) 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.
(e)(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.
(f)(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 re-
quire a person who has been issued a “Retired”
banner or tape under this section to present ad-
equate proof of his or her status as a retired fire-
fighter 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.
27-24-1304. Retired state troopers.
(a) The Department of Finance and Administra-
tion shall continue the special license plate for
retired state troopers that existed before April 13,
2005.
(b)(1) The Department of Finance and Adminis-
tration 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”.
(c)(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:
(A) The fee required by law for the registration
and licensing of the motor vehicle; and
(B) 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).
(d) Upon the initial application of a special license
plate issued under this section, the retired state
trooper shall provide adequate proof to the Depart-
ment of Finance and Administration that he or she
is a retired state trooper of the Department of
Arkansas State Police.
(e)(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 Admin-
istration.
(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.
(f) The registration of a special license plate un-
der 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 pro-
fessionals.
(a) The Department of Finance and Administra-
tion shall create and issue a special license plate for
emergency medical services professionals.
(b) The department shall design the special li-
cense plates issued under this section.
(c) 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:
303 27-24-1306SPECIAL LICENSE PLATE ACT OF 2005
(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 ap-
proved by the National Highway Traffic Safety Ad-
ministration; or
(5) Any other emergency medical services person-
nel, including without limitation:
(A) A dispatcher; or
(B) An emergency vehicle operator.
(d) 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 Ser-
vices Foundation, Inc.
(e)(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).
(f) Upon the initial application of a special license
plate issued under this section, the emergency medi-
cal 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 ap-
proved by the National Highway Traffic Safety Ad-
ministration; or
(5) Any other emergency medical services person-
nel, including without limitation:
(A) A dispatcher; or
(B) An emergency vehicle operator.
(g)(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 Divi-
sion of the Department of Finance and Administra-
tion.
(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.
(h) 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.
27-24-1307. Additional public service special
license plates with decals.
(a) The Director of the Department of Finance
and Administration shall accept requests from orga-
nizations 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.
(b)(1) The Department of Finance and Adminis-
tration 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 pro-
fession or the retired military service branch or
organization for which the special license plate with
a decal has been issued.
(c) If the request is approved, the director 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 re-
ceived 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.
(d)(1) If the director approves a request for an
additional special license plate decal under this
section, then a person who establishes with ad-
equate 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:
(A) The fee required by law for the registration
and licensing of the motor vehicle; and
(B) 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).
(e)(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 Fi-
nance 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.
30427-24-1307 TRANSPORTATION
(3) The fee shall not be considered or credited to
the division as direct revenue.
(f)(1) An organization that is eligible to request
an additional public service license plate decal un-
der this section may establish a fund-raising fee not
to exceed twenty-five dollars ($25.00) for the issu-
ance and renewal of a special license plate with a
permanent decal.
(2) If an organization establishes a fund-raising
fee under this subsection, then the organization
shall provide:
(A) Its financial plan for the use of the proceeds
from the special license plate decal; and
(B) 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 applica-
tion.
History. Acts 2005, No. 2202, § 1.
27-24-1308. Transferability.
The special license plates issued under this sub-
chapter 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 orga-
nization that states that the proceeds from the
special license plate or special license plate perma-
nent decal will be used according to the financial
plan submitted with the application.
History. Acts 2005, No. 2202, § 1.
27-24-1311. Professional firefighters.
(a) The Department of Finance and Administra-
tion shall create and issue a special license plate for
professional firefighters under this section.
(b)(1) The department shall seek the advice of the
association regarding the design of the special li-
cense plate under this section.
(2) The association may submit up to three (3)
designs to the department for its consideration.
(c)(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:
(A) The fee required by law for the registration
and licensing of the motor vehicle;
(B) A handling and administrative fee in the
amount of ten dollars ($10.00); and
(C) An additional fee of five dollars ($5.00) to be
remitted monthly to the Arkansas Professional
Firefighters 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 board.
(d)(1) Upon the initial application for a special
license plate issued under this section, the profes-
sional 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.
(e)(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.
27-24-1312. Cold War veterans.
(a) The Department of Finance and Administra-
tion 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.
(b)(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”.
(c)(1) A Cold War veteran may apply for and
annually renew a special license plate issued under
this section.
305 27-24-1312SPECIAL LICENSE PLATE ACT OF 2005
(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).
(d) Upon the initial application of a special license
plate issued under this section, the Cold War vet-
eran shall provide adequate proof to the department
that he or she is a Cold War veteran.
(e) The registration of a special license plate un-
der 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.
(f) 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 ve-
hicle 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.
27-24-1313. United States veterans.
(a) The Department of Finance and Administra-
tion 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.
(b)(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, ex-
cept 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.
(c)(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).
(d) Upon the initial application for a special li-
cense plate issued under this section, the United
States veteran shall provide adequate proof to the
department that he or she is a United States vet-
eran.
(e) The special license plate created under this
section may be used only on a motor vehicle as
defined and classified in § 27-24-103.
(f) The registration of a special license plate un-
der 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.
(a) The Department of Finance and Administra-
tion 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.
(b) The department shall design the special li-
cense 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 bear-
ing the word “Constable”.
(c)(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:
(A) The fee required by law for the registration
and licensing of the motor vehicle; and
(B) 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).
(d) 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.
(e)(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 Admin-
istration.
(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.
30627-24-1313 TRANSPORTATION
(3) The fee shall not be considered or credited to
the division as direct revenue.
(f) The registration of a special license plate un-
der 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 special license plate
for certified law enforcement officers, was repealed by Acts 2017,
No. 1050, § 2. The section was derived fromActs 2013, No. 586, § 3.
27-24-1316. Support of law enforcement.
(a)(1) The Department of Finance and Adminis-
tration 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.
(b)(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.
(c) Any motor vehicle owner may apply for and
annually renew a special license plate created by
this section.
(d)(1) The department shall issue a special li-
cense plate under this section upon payment of:
(A) The fee required by law for registration of
the motor vehicle;
(B) Twenty-five dollars ($25.00) to cover the
design-use contribution; and
(C) A handling and administrative fee of ten
dollars ($10.00).
(2)(A) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(B) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(3) The department shall remit the design-use
contribution fee required under subdivision (d)(1)(B)
of this section monthly to the association.
(e)(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.
S
UBCHAPTER 14 — SPECIAL INTEREST
LICENSE PLATES
SECTION
.
27-24-1401
. Purpose.
27-24-1402
. Existing special license plates.
27-24-1403
. [Repealed.]
27-24-1404
. Application process for additional special interest
license plate decals.
27-24-1405
. Issuance — Renewal — Replacement.
27-24-1406
. License plate options.
27-24-1407
. Annual report.
27-24-1408
. Realtors special license plate.
27-24-1409
. Support Animal Rescue and Shelters special license
plate decal.
27-24-1410
. [Repealed.]
27-24-1411
. Little Rock Air Force Base.
27-24-1412
. Support of Court Appointed Special Advocates.
27-24-1413
. [Repealed.]
27-24-1414
. Arkansas Sheriffs’ Association.
27-24-1415
. Children’s cancer research.
27-24-1416
. Arkansas Future Farmers of America.
27-24-1417
. Arkansas Rice Council.
27-24-1418
. [Repealed.]
27-24-1419
. Arkansas Tennis Association license plate.
27-24-1420
. Fraternal Order of Police.
27-24-1421
. [Repealed.]
27-24-1422
. Dr. Martin Luther King, Jr. license plate.
27-24-1423
. Autism Awareness.
27-24-1424
. Hospice and palliative care special license plate.
27-14-1425
. Arkansas State Chapter of the National Wild Turkey
Federation, Inc.
27-24-1426
. Quail Forever special license plate.
27-24-1427
. Little Rock Rangers Soccer Club.
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 appli-
cation 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.
(a) The following special license plates that rep-
resent 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 Director 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
307 27-24-1402SPECIAL LICENSE PLATE ACT OF 2005
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.
(b) The Department of Finance and Administra-
tion shall continue to collect the fee for the design-
use contribution or for fund-raising 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 Unlim-
ited special license plate;
(2) Arkansas Committed to Education Founda-
tion 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 Ar-
kansas Cattlemen’s Foundation special license
plate; and
(7) Arkansas Regional Organ Recovery Agency
for the Organ Donor Awareness special license plate.
(c)(1) Within thirty (30) days after April 13, 2005,
the director 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 Com-
mission of a change in the law regarding special
license plates.
(2)(A) The organization shall submit to the direc-
tor an application that includes the following:
(i) The organization’s financial plan for the use
of the proceeds from the special license plate; and
(ii) 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.
(B)(i) The organization shall submit the infor-
mation required under this subsection within one
hundred twenty (120) days after April 13, 2005.
(ii) If the organization fails to comply with this
subdivision (c)(2)(B) within one hundred twenty
(120) days after April 13, 2005, then the director
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).
(C) 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.
(d) 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 director 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 non-
profit 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)(A) Except as provided under subdivision
(d)(4)(B) of this section, the name of the organiza-
tion is not the name of a special product, a
trademark, or a brand name.
(B) 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;
(5)(A) Except as provided under subdivision
(d)(5)(B) of this section, the name of the organiza-
tion is not interpreted by the department as
promoting a special product, a trademark, or a
brand name.
(B) This condition shall not apply to a trade-
mark if the organization or entity with control of
the trademark has provided a written authoriza-
tion for its use;
(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; 2007, No. 451, § 1.
27-24-1403. [Repealed.]
Publisher’s Notes. This section, concerning the expedited ap-
plication 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.
(a) A special interest organization may apply to
the Director of the Department of Finance and
30827-24-1403 TRANSPORTATION
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.
(b)(1) An application submitted under this section
shall include the following:
(A) A proposed design of the special license
plate decal that complies with § 27-24-105(c) and
related rules;
(B) Documentation to support that the organi-
zation 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;
(C) The organization’s financial plan for the use
of the proceeds from the special license plate
decal; and
(D) An affidavit signed by an official of the
organization that states that the proceeds from
the special license plate decal will be used accord-
ing to the financial plan submitted with the appli-
cation.
(2) The director shall either approve or deny each
application submitted during the fiscal year by July
1 of the following fiscal year.
(c)(1)(A) If the request is approved, the director
shall determine:
(i) 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;
(ii) The number of applications that must be
received to cover the cost of the initial orders of
new designs for special license plates; or
(iii) The combination of subdivisions (c)(1)(A)(i)
and (ii) of this section that must be received to
cover the cost of the initial orders of new designs
for special license plates.
(B)(i) 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.
(ii) The fee shall be credited as supplemental
and in addition to all other funds as may be
deposited for the benefit of the division.
(iii) The fee shall not be considered or credited
to the division as direct revenue.
(2) If the director denies the application, then:
(A) The director shall give the applicant writ-
ten notice of the reasons for the denial; and
(B) The applicant may proceed as provided un-
der § 27-24-106.
(d)(1) An organization that applies for the issu-
ance 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 fund-
raising purposes for the issuance and renewal of a
special license plate.
(2) If an organization establishes a fee for the
design-use contribution or fund-raising purposes
under this subsection, then the organization shall
provide:
(A) Its financial plan for the use of the proceeds
from the special license plate; and
(B) 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.
(e) An organization’s application for a special
license plate under this section shall establish the
organization’s compliance with the following condi-
tions:
(1) The organization is a state agency or a non-
profit 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 inter-
preted 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.
27-24-1405. Issuance — Renewal — Replace-
ment.
(a) 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.
(b) 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).
(c) 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.
(d) 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
309 27-24-1405SPECIAL LICENSE PLATE ACT OF 2005
(2) The owner of the motor vehicle shall remit the
fees stated in subsection (b) of this section if the
registration has expired.
(e) 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.
(f)(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.
(g) 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.
(h) If an owner of a motor vehicle who was previ-
ously issued a special license plate or a special
license plate that bears a decal under this subchap-
ter 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.
(i) 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.
(a) A motor vehicle owner applying for a special
license plate under this subchapter may:
(1) Have a license plate assigned by the Depart-
ment of Finance and Administration as provided by
law; or
(2) Apply for a special personalized prestige li-
cense plate pursuant to §§ 27-14-1101 and 27-14-
1102.
(b)(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 re-
newal fee not to exceed twenty dollars ($20.00).
(2) The use of letters and numbers on a personal-
ized prestige license plate under this section shall be
limited by the rules of the Director of the Depart-
ment of Finance and Administration.
History. Acts 2005, No. 2202, § 1.
27-24-1407. Annual report.
(a) 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 Director of the Department of Finance and
Administration by December 1 of each calendar
year.
(b) The report shall include an accounting of the
revenues and expenditures associated with the de-
sign-use contribution fee charged for the special
license plate or the special license plate that bears a
decal.
(c) If the special interest organization fails to
comply with this section, then the director 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 contri-
bution fee to the special interest organization.
History. Acts 2005, No. 2202, § 1.
27-24-1408. Realtors special license plate.
(a) 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 [re-
pealed].
(b)(1) The Department of Finance and Adminis-
tration 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 As-
sociation of Realtors, the applicant shall present his
or her membership card.
History. Acts 2007, No. 451, § 2.
27-24-1409. Support Animal Rescue and Shel-
ters special license plate decal.
(a)(1) The Director 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.
(b) 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.
31027-24-1406 TRANSPORTATION
(c)(1) The Department of Finance and Adminis-
tration shall issue a special license plate that bears
the decal under this section upon payment of:
(A) The fee required by law for registration of
the motor vehicle;
(B) Payment of twenty-five dollars ($25.00) to
cover the design-use contribution; and
(C) Payment of a handling and administrative
fee of ten dollars ($10.00).
(2)(A) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(B) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(3) The design-use contribution of twenty-five dol-
lars ($25.00) shall be remitted monthly to the Trea-
surer of State for deposit into the State Treasury as
special revenues for the Animal Rescue and Shelter
Trust Fund.
(d)(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.
27-24-1410. [Repealed.]
Publisher’s Notes. This section, concerning 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.
(a) The Director 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.
(b) 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 Ar-
kansas; and
(2) Numbered consecutively.
(c) The director 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 re-
ceived 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.
(d) 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)(A) A fee not to exceed twenty-five dollars
($25.00) for the design-use contribution by Air-
power Arkansas.
(B) The department shall remit the fees col-
lected under this subdivision (d)(2) on a monthly
basis to Airpower Arkansas; and
(3) A handling and administrative fee of ten dol-
lars ($10.00) that is:
(A) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration;
(B) Credited to the division as supplemental
and in addition to all other funds deposited for the
benefit of the division; and
(C) Not considered or credited to the division as
direct revenue.
(e)(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.
27-24-1412. Support of Court Appointed Spe-
cial Advocates.
(a) The Director 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 sub-
ject to the conditions provided for under this sub-
chapter.
(b) The special motor vehicle license plate shall
be:
(1)(A) Designed by the Arkansas State CASA As-
sociation.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) The director 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 re-
ceived to cover the cost of the initial order of the new
design; or
311 27-24-1412SPECIAL LICENSE PLATE ACT OF 2005
(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.
(d) The Department of Finance and Administra-
tion 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)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the Arkansas Court Appointed
Special Advocates Program Fund to be used for
fund purposes; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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 fund.
History. Acts 2013, No. 545, § 1.
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.
(a) The Director 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.
(b) The association motor vehicle special license
plate shall be:
(1)(A) Designed by the association.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) The Department of Finance and Administra-
tion 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)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly in the following manner:
(i) Seventy-five percent (75%) shall be remitted
to the association; and
(ii) Twenty-five percent (25%) to the Fallen Law
Enforcement Officers’ Beneficiary Fund; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-24-1415. Children’s cancer research.
(a) The Director of the Department of Finance
and Administration shall create and issue a chil-
dren’s cancer research motor vehicle special license
plate in the manner and subject to the conditions
provided for under this subchapter.
(b) The children’s cancer research motor vehicle
special license plate shall be:
(1)(A) Designed by the children’s cancer research
advocates.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) The Department of Finance and Administra-
tion 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;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the Arkansas Children’s Hospital
Foundation Cancer Research Account to be used
for research purposes; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
31227-24-1413 TRANSPORTATION
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-24-1416. Arkansas Future Farmers of
America.
(a) The Director 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.
(b) The Arkansas Future Farmers of America
motor vehicle special license plate shall be:
(1)(A) Designed by the association.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) The Department of Finance and Administra-
tion 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)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the association; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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. 1007, § 1.
27-24-1417. Arkansas Rice Council.
(a)(1) The Department of Finance and Adminis-
tration 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.
(b)(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.
(c) The owner of a motor vehicle may apply for
and annually renew a special license plate created
by this section.
(d)(1) The department shall issue a special li-
cense plate under this section upon payment of:
(A) The fee required by law for registration of
the motor vehicle;
(B) Twenty-five dollars ($25.00) to cover the
design-use contribution; and
(C) A handling and administrative fee of ten
dollars ($10.00).
(2)(A) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(B) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(3) The department shall remit the design-use
contribution fee required under subdivision (d)(1)(B)
of this section monthly to the council.
(e)(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 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.
313 27-24-1418SPECIAL LICENSE PLATE ACT OF 2005
27-24-1419. Arkansas Tennis Association li-
cense plate.
(a) The Director 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.
(b) The special association motor vehicle license
plate shall be:
(1)(A) Designed by the association.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) The director 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 re-
ceived 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.
(d) The Department of Finance and Administra-
tion 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)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the association to be used for
association purposes; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-24-1420. Fraternal Order of Police.
(a) The Director 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.
(b) The Arkansas State Lodge Fraternal Order of
Police motor vehicle special license plate shall be:
(1)(A) Designed by the fraternal order.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) The Department of Finance and Administra-
tion shall issue a special license plate under this
section to the owner of a motor vehicle upon pay-
ment of:
(1) The fee required by law for registration of the
motor vehicle;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the fraternal order; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-24-1421. [Repealed.]
Publisher’s Notes. This section, concerning Rotary Interna-
tional 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. li-
cense plate.
(a)(1) The Director 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.
(b) The special Dr. Martin Luther King, Jr. motor
vehicle license plate shall be:
31427-24-1419 TRANSPORTATION
(1)(A) Designed by the Martin Luther King, Jr.
Commission.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2) Numbered consecutively.
(c) 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)(A) Fifty dollars ($50.00) to cover the design-
use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the commission to be used for
commission purposes; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(d)(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.
27-24-1423. Autism Awareness.
(a) The Director 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.
(b) 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.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) 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;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the Arkansas Autism Resource
Outreach Center to be used exclusively to promote
autism awareness program expenses; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-24-1424. Hospice and palliative care spe-
cial license plate.
(a) The Director of the Department of Finance
and Administration shall issue a special motor ve-
hicle license plate for support of hospice and pallia-
tive care subject to the conditions provided for under
this subchapter.
(b) The special hospice and palliative care motor
vehicle license plate shall be:
(1)(A) Designed by the Hospice and Palliative
Care Association of Arkansas.
(B) The design shall be submitted for design
approval by the director under rules promulgated
by the director; and
(2)(A) Except as provided under subdivision
(b)(2)(B) of this section, numbered consecutively.
(B) The Department of Finance and Adminis-
tration may issue a special personalized prestige
license plate for support of hospice and palliative
care to a person making a request.
(c) The procedures concerning costs for issuance
under § 27-24- 1404(c)(1)(A) shall apply to the issu-
ance of a special license plate under this section.
(d) 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)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the Hospice and Palliative Care
Association of Arkansas; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
315 27-24-1424SPECIAL LICENSE PLATE ACT OF 2005
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-14-1425. Arkansas State Chapter of the Na-
tional Wild Turkey Federation, Inc.
(a) The Director of the Department of Finance
and Administration shall create and issue an Arkan-
sas 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.
(b) 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.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) 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;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted 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
(3)(A) A handling and administrative fee shall be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(B) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
27-24-1426. Quail Forever special license
plate.
(a) The Director 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.
(b) 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.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) 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;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted 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
(3)(A) A handling and administrative fee of ten
dollars ($10.00) shall be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the Revenue Division as supple-
mental and in addition to all other funds that may
be deposited for the benefit of the Revenue Divi-
sion.
(B) The handling and administrative fee shall
not be considered or credited to the Revenue
Division as direct revenue.
(e)(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.
31627-14-1425 TRANSPORTATION
27-24-1427. Little Rock Rangers Soccer Club.
(a) The Director 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.
(b) 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.
(c) The procedures concerning costs for issuance
under § 27-24-1404(c)(1)(A) shall apply.
(d) 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;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted 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
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(e)(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.
S
UBCHAPTER 15 — STREET ROD SPECIAL
LICENSE PLATES
SECTION
.
27-24-1501
. Purpose.
27-24-1502
. Definitions.
27-24-1503
. Application — Issuance — Renewal — Replacement.
27-24-1504
. Titling.
27-24-1505
. Equipment.
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 in-
stalled in the rear of a motor vehicle containing a
blue or purple insert that is not more than one inch
(19) in diameter;
(2) “Custom vehicle” means a motor vehicle that:
(A)(i) Is at least twenty-five (25) years old and
of a model year after 1948; or
(ii) Was manufactured to resemble a vehicle
twenty-five (25) or more years old and of a model
year after 1948; and
(B)(i) Has been altered from the manufactur-
er’s original design; or
(ii) Has a body constructed from non-original
materials; and
(3) “Street rod” means a motor vehicle that:
(A) Is a 1948 or older vehicle or the vehicle was
manufactured after 1948 to resemble a vehicle
manufactured before 1949; and
(B) 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 — Re-
newal — Replacement.
(a)(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:
(A) Will be maintained for occasional transpor-
tation, exhibitions, club activities, parades, tours,
or similar uses; and
(B) Will not be used for general daily transpor-
tation.
(b)(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.
317 27-24-1503SPECIAL LICENSE PLATE ACT OF 2005
(c) The office shall furnish to the owner of a street
rod or custom vehicle who complies with the require-
ments 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.
(d) 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).
(e)(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.
(f)(1) The fee remitted to the office under subdivi-
sion (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.
(g) 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.
(h) A street rod or custom vehicle shall not be
eligible for any other licensing of a motor vehicle
except as provided in this subchapter.
(i) 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.
(a) 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.
(b) 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.
(a) 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 limita-
tion emission controls, is not required for the opera-
tion of a street rod or custom vehicle registered
under this subchapter.
(b) 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.
S
UBCHAPTER 16 — DEPARTMENT OF PARKS
AND
TOURISM
SECTION
.
27-24-1601
. Purpose.
27-24-1602
. Special license plates.
27-24-1603
. Issuance — Renewal — Replacement.
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 and Tourism;
(2) Provide funding to a cash fund to be used by
the Department of Parks and Tourism for sponsor-
ing 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 and Tourism.
History. Acts 2011, No. 292, § 1.
27-24-1602. Special license plates.
(a)(1) The Director of the Department of Finance
and Administration shall accept requests from the
Department of Parks and Tourism to create and
issue special license plates under this subchapter.
(2) The Department of Parks and Tourism shall
submit with a request for a special license plate a
proposed design for the approval of the director.
(b) When considering a request from the Depart-
ment of Parks and Tourism for a special license
plate, the director shall consider the following fac-
tors:
(1) The administrative cost to the Department of
Finance and Administration for issuance of a De-
partment of Parks and Tourism special license plate;
and
(2) The estimated demand for the special license
plate requested by the Department of Parks and
Tourism.
31827-24-1504 TRANSPORTATION
(c)(1) If a request submitted under subsection (a)
of this section is approved, the director shall deter-
mine:
(A) 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;
(B) The number of applications that must be
received to cover the cost of the initial orders of
new designs for special license plates; or
(C) 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.
(2)(A) The fee remitted under subdivision (c)(1) of
this section shall be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited as supplemental and in addition to
all other funds that may be deposited for the
benefit of the division.
(B) 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.
27-24-1603. Issuance — Renewal — Replace-
ment.
(a) 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 subchap-
ter.
(b) 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) A fee not to exceed twenty-five dollars
($25.00) to cover the design-use contribution by
the Department of Parks and Tourism or to cover
contributions for fundraising purposes.
(B) 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 and Tour-
ism for the following purposes:
(i) Sponsoring college scholarships related to
the field of conservation; and
(ii) Providing conservation education pro-
grams; and
(3)(A) A handling and administrative fee in the
amount of ten dollars ($10.00).
(B) The fee remitted under subdivision (b)(3)(A)
of this section shall be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited as supplemental and in addition to
all other funds as may be deposited for the benefit
of the division.
(C) The fee remitted under subdivision (b)(3)(A)
of this section shall not be considered or credited
to the division as direct revenue.
(c) 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.
(d) 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.
(e) The registration of a special license plate un-
der 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.
S
UBCHAPTER 17 — CONSERVATION DISTRICTS
SECTION
.
27-24-1701
. Authorization.
27-24-1702
. Design — Cost.
27-24-1703
. Issuance — Renewal — Replacement.
27-24-1704
. Rules.
27-24-1701. Authorization.
The Director 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.
27-24-1702. Design — Cost.
(a) The special motor vehicle license plate for
conservation districts shall:
(1) Be designed by the Department of Finance
and Administration in consultation with the Arkan-
sas Association of Conservation Districts; and
(2) Be numbered consecutively.
(b) The Director 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 re-
ceived 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.
319 27-24-1702SPECIAL LICENSE PLATE ACT OF 2005
27-24-1703. Issuance — Renewal — Replace-
ment.
(a) 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 subchap-
ter.
(b) The Department of Finance and Administra-
tion 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;
(2)(A) Twenty-five dollars ($25.00) to cover the
design-use contribution.
(B) The design-use contribution shall be remit-
ted monthly to the Arkansas Association of Con-
servation Districts to be used to provide education
and assistance to landowners concerning the con-
servation, maintenance, improvement, develop-
ment, and use of land, soil, water, trees, vegeta-
tion, fish, wildlife, open spaces, and other
renewable natural resources; and
(3)(A) A handling and administrative fee of ten
dollars ($10.00).
(B) The handling and administrative fee shall
be:
(i) Deposited into the State Central Services
Fund for the benefit of the Revenue Division of the
Department of Finance and Administration; and
(ii) Credited to the division as supplemental
and in addition to all other funds that may be
deposited for the benefit of the division.
(C) The handling and administrative fee shall
not be considered or credited to the division as
direct revenue.
(c) 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.
(d) 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.
(e) If an owner of a motor vehicle who was previ-
ously issued a special license plate under this sub-
chapter 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 pro-
vided under §§ 27-14-1007 and 27-14-1008.
(f) 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 Director of the Department of Finance and
Administration may promulgate rules for the ad-
ministration of this subchapter.
History. Acts 2011, No. 804, § 1.
CHAPTERS 25-31
[Reserved]
SUBTITLE 3. MOTOR VEHICLES
AND THEIR EQUIPMENT
CHAPTER 34
CHILD PASSENGER
PROTECTION ACT
SECTION
.
27-34-101
. Title.
27-34-102
. Legislative intent.
27-34-103
. Penalty.
27-34-104
. Requirements.
27-34-105
. Exceptions to provisions.
27-34-106
. Effect of noncompliance.
27-34-107
. Arkansas Child Passenger Protection Fund.
27-34-108
. Public safety fund — Creation.
27-34-101. Title.
This chapter shall be known as the “Child Passen-
ger 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, asso-
ciated 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.
(a) Any person who violates this chapter shall,
upon conviction, be fined not less than twenty-five
32027-24-1703 TRANSPORTATION
dollars ($25.00) nor more than one hundred dollars
($100).
(b) In determining the amount of fine to be as-
sessed 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.
(c) 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.
27-34-104. Requirements.
(a) 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, maintain-
ing, 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.
(b) 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.
(c) 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.
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 ambu-
lance or other emergency vehicle;
(2) When an emergency exists that threatens:
(A) The life of any person operating a motor
vehicle to whom this section otherwise would
apply; or
(B) 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.
27-34-106. Effect of noncompliance.
(a) The failure to provide or use a child passenger
safety seat shall not be considered, under any cir-
cumstances, as evidence of comparative or contribu-
tory negligence, nor shall failure be admissible as
evidence in the trial of any civil action with regard to
negligence.
(b) 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.
27-34-107. Arkansas Child Passenger Protec-
tion Fund.
(a)(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:
(A) 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 De-
partment of Finance and Administration on a
form provided by that office, to be deposited into
the Arkansas Child Passenger Protection Fund;
and
(B) Other moneys that may be appropriated,
allocated, or donated for the purpose of being
placed in the Arkansas Child Passenger Protec-
tion Fund.
(b)(1) The Arkansas Highway Safety Program
shall earmark at least fifty percent (50%) of the
annual expenditures from the Arkansas Child Pas-
senger Protection Fund for the purchase of child
passenger safety seats.
(2) If annual funds generated by the Arkansas
Child Passenger Protection Fund support the expen-
diture and if the needs of the program justify the
expenditure, the program shall maintain an annual
expenditure of at least one hundred thousand dol-
lars ($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.
(c) 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;
321 27-34-107CHILD PASSENGER PROTECTION ACT
(2) To encourage and promote proper use of child
safety seats and safety belts; and
(3) For highway safety planning and administra-
tion.
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.
27-34-108. Public safety fund — Creation.
(a) 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.
(b) 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
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. WEIGHTS AND DIMENSIONS.
3. MANUFACTURED HOMES AND HOUSES.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-35-101
. Violations.
27-35-102
. Certain vehicles exempted — Definition.
27-35-103
. Scope and effect of regulations.
27-35-104
. Riding in spaces not for passengers.
27-35-105
. Projecting loads on passenger vehicles.
27-35-106
. Extension of load beyond vehicle front.
27-35-107
. Registration of gross weight.
27-35-108
. Authority to weigh vehicles and require removal of
excess loads.
27-35-109
. Liability for damage to highway or structure.
27-35-110
. Spilling loads on highways prohibited — Covers re-
quired for loads of sand, gravel, and rock —
Exceptions.
27-35-111
. Trailers and towed vehicles.
27-35-112
. Towing vehicles licensed in other states.
27-35-113
. [Repealed.]
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.
27-35-102. Certain vehicles exempted — Defi-
nition.
(a) As used in this subchapter, “emergency ve-
hicle” 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 mitiga-
tion of other hazardous situations.
(b) The provisions of this subchapter governing
size, weight, and load shall not apply to emergency
vehicles, road machinery, or to implements of hus-
bandry, 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.
27-35-103. Scope and effect of regulations.
(a) 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.
(b) 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 condi-
tions will be seriously damaged or destroyed unless
the use of vehicles thereon is prohibited or the
permissible weights thereof reduced.
(c)(1) The local authority enacting any such ordi-
nance 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 effec-
tive unless and until signs are erected and main-
tained.
(d)(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 des-
ignated by appropriate signs placed on such high-
ways.
(e)(1) The State Highway Commission shall like-
wise 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
32227-34-108 TRANSPORTATION
or portion of any highway affected by such resolu-
tion.
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.
27-35-104. Riding in spaces not for passen-
gers.
(a) No person shall ride on any vehicle upon any
portion of the vehicle not designed or intended for
the use of passengers.
(b) 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 ve-
hicles.
No passenger-type vehicle shall be operated on
any highway with any load carried thereon extend-
ing beyond the line of the fenders on the left side of
the vehicle nor extending more than six inches (69)
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.
27-35-107. Registration of gross weight.
(a)(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.
(b)(1) The commissioner shall insert in the regis-
tration 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 per-
missible 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.
(c)(1) It shall be unlawful for any person to oper-
ate 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.
(d) The commissioner shall implement rules and
regulations issued by the Secretary of Transporta-
tion 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.
(a)(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 sta-
tionary 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.
(b)(1) Whenever an officer, upon weighing a ve-
hicle 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 por-
tion 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.
(c) Any driver of a vehicle who fails or refuses to
stop and submit the vehicle and load to a weighing,
323 27-35-108SIZE AND LOAD REGULATIONS
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.
(d) 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 high-
ways 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.
27-35-109. Liability for damage to highway or
structure.
(a) 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.
(b) 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' 69).
(c) 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.
(d) 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.
27-35-110. Spilling loads on highways prohib-
ited — Covers required for loads of sand,
gravel, and rock — Exceptions.
(a) 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.
(b) Sand may be dropped for the purpose of secur-
ing traction, or water or other substance may be
sprinkled on a roadway in cleaning or maintaining
the roadway.
(c) 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 be-
coming loose, detached, or in any manner a hazard
to other users of the highway.
(d) 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 pre-
scribed in subsection (c) of this section unless six
inches (69) of freeboard is maintained at the perim-
eter 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.
27-35-111. Trailers and towed vehicles.
(a)(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 connec-
tion 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 ve-
hicles 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 (129) 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.
(b)(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.
32427-35-109 TRANSPORTATION
27-35-112. Towing vehicles licensed in other
states.
(a)(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:
(A) The wrecker or similar towing vehicle li-
censed in another state is requested by the owner or
operator of the vehicle to be towed;
(B) The vehicle is not being towed as a result of a
collision that occurred within this state; and
(C) The vehicle is being towed:
(i) In either direction across the border between
Arkansas and a neighboring state; or
(ii) 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:
(A) Is licensed in an incorporated city or town
in a state adjoining an Arkansas city or incorpo-
rated town that is divided by a state line; and
(B) The city or town in the adjoining state is of
greater population than the Arkansas city or
town.
(b)(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 of-
fense.
(c) The Arkansas Towing and Recovery Board
may promulgate rules and regulations for the en-
forcement 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.
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.
S
UBCHAPTER 2 — WEIGHTS AND DIMENSIONS
SECTION
.
27-35-201
. Operating vehicle exceeding size or weight limitations
unlawful.
27-35-202
. Penalties for overweight vehicles.
27-35-203
. Single and tandem axle load limits.
27-35-204, 27-35-205
. [Repealed.]
27-35-206
. Width of vehicles.
27-35-207
. Height of vehicles.
27-35-208
. Length of vehicles — Definitions.
27-35-209
. Forestry machinery exemptions.
27-35-210
. Permits for special cargoes — Definition.
27-35-211
. Disposition of fees and penalties.
27-35-212
. [Repealed.]
27-35-213
. Persons permitted to stop and direct traffic.
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 other-
wise, 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.
(a)(1) Any operator found violating the provisions
of this subchapter or any owner, principal, employer,
lessor, lessee, agent, or officer of any firm or corpo-
ration who permits an operator to violate these
provisions shall be guilty of a misdemeanor.
(2)(A) Upon first conviction, an offender shall be
punished by a fine of not more than one hundred
dollars ($100).
(B) For a second conviction within one (1) year,
an offender shall be punished by a fine of not more
than two hundred dollars ($200).
(C) 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).
(b)(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:
(A) 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);
(B) Overweight more than one thousand
pounds (1,000 lbs.) and not more than two thou-
sand 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;
(C) Overweight more than two thousand
pounds (2,000 lbs.) and not more than three thou-
sand 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;
(D) Overweight more than three thousand
pounds (3,000 lbs.) and not more than four thou-
sand pounds (4,000 lbs.), a minimum penalty of
three cents (3¢) per pound of excess weight or a
325 27-35-202SIZE AND LOAD REGULATIONS
maximum penalty of five cents (5¢) per pound for
each pound of excess weight;
(E) Overweight more than four thousand
pounds (4,000 lbs.) and not more than ten thou-
sand 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
(F) Overweight more than ten thousand
pounds (10,000 lbs.):
(i) 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;
(ii) 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
(iii) 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.
(c)(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.
(d) 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 re-
moved 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.
27-35-203. Single and tandem axle load limits.
(a) 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.).
(b)(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 (409) and not more than
ninety-six inches (969) 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 permit-
ted for a single axle.
(c)(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 manufac-
turer providing the axle and gross weight ratings,
the maximum weight allowed for the front or steer-
ing 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 be-
tween parallel transverse vertical planes spaced
more than forty inches (409) and not more than
ninety-six inches (969) apart shall not exceed
twenty-four thousand pounds (24,000 lbs.).
(3) A “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.
(d)(1) Subject to the limit upon the weight im-
posed 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.
(e)(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 (409)
and not more than ninety-six inches (969) apart,
extending across the full width of the vehicle or
combination of vehicles, exceeds thirty-two thou-
sand 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 ve-
hicle, 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.
32627-35-203 TRANSPORTATION
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 thou-
sand 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.
327 27-35-203SIZE AND LOAD REGULATIONS
32827-35-203 TRANSPORTATION
(2)(A) 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), (b), (c), (d), or (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.
(B) No vehicle size or weight limit so adopted
by the commission shall be less in any respect
than those provided for in subsection (a), (b), (c),
(d), or (e) of this section.
(f)(1)(A) 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.
(B) Vehicles, or combinations thereof, shall be
subject to the limits set forth in subsections (a)-(e)
and (g) of this section.
(2) 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 des-
ignate the access route to or from the nearest federal
interstate highway or state-designated primary
highway.
(g)(1)(A) Vehicles, or combinations of vehicles,
which vehicles or combinations of vehicles have a
total outside width in excess of one hundred two
inches (1029) but not exceeding one hundred eight
inches (1089) used for hauling compacted seed
cotton from the farm to the first point at which
such seed cotton shall first undergo any process-
ing, preparation for processing, or transformation
from its compacted state shall be permitted an
eight thousand pounds (8,000 lbs.) per axle vari-
ance 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 combi-
nation 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.).
(B) 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 (8%)
variance above the allowable gross weight when-
ever 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.).
(C) Vehicles, or combinations of vehicles, used
exclusively for hauling solid waste, as defined by
regulations promulgated by the commission, shall
be permitted an eight percent (8%) 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.).
(2)(A) 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 ve-
hicles, 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 thou-
sand pounds (80,000 lbs.).
(B)(i) No tandem axle on any vehicle, or a
combination of vehicles, meeting all of the require-
ments 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.
(ii) No variance on gross weight or axle shall be
permitted on federal interstate highways.
(iii) When a violation of this subsection occurs,
fines and penalties to be assessed for vehicles
otherwise meeting the requirements of subdivi-
sion (g)(1)(B) or subdivision (g)(1)(C) of this sec-
tion 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 (8%) variance.
(iv) When a violation of this subsection occurs,
fines and penalties to be assessed for vehicles
otherwise meeting the requirements of subdivi-
sion (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.), in-
cluding 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.
(h)(1) When any axle, including any enforcement
tolerance, is overloaded, but the total weight of all
329 27-35-203SIZE AND LOAD REGULATIONS
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.
(i)(1) A truck tractor and single semi-trailer com-
bination 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.
(2)(A) A truck tractor and single semi-trailer com-
bination 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.).
(B) 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.).
(C) Provided, no tandem axle shall exceed
thirty-four thousand pounds (34,000 lbs.) while
operated on the federal interstate highways of this
state.
(3) No vehicle, or combination of vehicles, meet-
ing 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.
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.
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.
(a)(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 (1029),
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.
(2)(A) 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, prepa-
ration 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 (1089) without the special permit.
(B) However, the vehicles must be equipped
and operated in compliance with the traffic laws of
this state as well as all safety rules and regula-
tions of the United States Department of Trans-
portation and the State Highway Commission.
(C) The vehicles utilized to transport com-
pacted seed cotton with widths exceeding one
hundred two inches (1029), but not exceeding one
hundred eight inches (1089), shall be equipped and
operated with both front and rear bumpers if
operated individually, or, if operated in combina-
tion 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.
(D)(i) 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 mo-
tive power, when operated in combination, indi-
cating that vehicle or combination of vehicles is
slow-moving.
(ii) 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 combina-
tion is slow-moving and shall be in accordance
with rules and regulations to be made and pro-
mulgated by the commission.
(b) Any person owning such a vehicle or combina-
tion of vehicles found operating the vehicle or com-
bination 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.
33027-35-204 TRANSPORTATION
Sess.), No. 68, § 3; 1992 (1st Ex. Sess.), No. 69, § 3; 2017, No. 650,
§ 1.
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' 69), 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.
(a)(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, prepara-
tion for processing, or transformation from its com-
pacted 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').
(b) No bus operated on the highways of this state
shall have an overall length in excess of forty-five
feet (45').
(c)(1)(A) No semitrailer or trailer operated on the
highways of this state in a truck tractor-semi-
trailer combination or a truck tractor-trailer com-
bination 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.
(B) The state shall not establish or enforce any
regulation which imposes a semitrailer or trailer
length limitation of less than fifty-three feet six
inches (53' 69) on a semitrailer or trailer unit
operating in combination with a truck tractor
unit.
(2)(A) No semitrailer or trailer operated on the
highways of this state in a truck tractor-semi-
trailer-trailer combination shall have an overall
length, unladen or with load, in excess of twenty-
eight feet (28').
(B) Existing semitrailers or trailers of twenty-
eight feet six inches (28' 69) that were in actual
and lawful use on December 1, 1982, shall not be
prohibited.
(3) The length limitations described in this sub-
section shall be exclusive of coupling devices, energy
conservation devices, and safety devices as provided
by federal regulations.
(d)(1) These length limitations shall not apply to:
(A) Vehicles operated in the daytime when
transporting poles, pipes, machinery, or other ob-
jects of a structural nature which cannot readily
be dismembered; or
(B) 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 ve-
hicle 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.
(e)(1)(A) Notwithstanding any other provisions of
this subchapter, a combination of vehicles en-
gaged 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.
(B) This extension shall not be considered in
determining the overall length of the combination
of vehicles.
(C) The total length of a motor vehicle autho-
rized under subdivision (e)(1)(A) of this section
shall not exceed eighty feet (80').
(2) Clearance lights or reflectors on the trans-
ported vehicles shall be used to delineate the exten-
sion of the load when applicable.
(f) No motor vehicle shall be operated on the
highways, roads, or streets of this state with more
than two (2) trailing vehicles.
(g) Subsection (a) of this section does not apply to
vehicles collecting garbage, rubbish, refuse, or recy-
clable 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 “ac-
tively 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.
(h)(1) The total length of a towaway trailer trans-
porter combination shall not exceed eighty-two feet
(82').
(2) As used in this subsection:
(A) “Towaway trailer transporter combination”
means a combination of motor vehicles consisting
of a trailer transporter towing unit and two (2)
trailers or semitrailers that:
(i) Have a total weight that does not exceed
twenty-six thousand pounds (26,000 lbs.); and
(ii) Carry no property and constitute inventory
property of a manufacturer, distributor, or dealer
of such trailers or semitrailers; and
(B) “Trailer transporter towing unit” means a
power unit that is not used to carry property when
operating in a towaway trailer transporter combi-
nation.
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;
331 27-35-208SIZE AND LOAD REGULATIONS
2001, No. 1483, § 1; 2003, No. 331, § 1; 2003, No. 850, § 1; 2017,
No. 619, §§ 3, 4.
27-35-209. Forestry machinery exemptions.
(a) Forestry machinery shall be exempt from the
width and height limitations imposed by this sub-
chapter, and all other statutes limiting the width
and height of vehicles operating upon the state’s
highways.
(b) 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 — Defi-
nition.
(a)(1)(A) 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 applica-
tion made in person, in writing, by telephone, or
by any acceptable means of electronic communi-
cation, 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, sepa-
rated, dismembered, or otherwise reduced in size
or weight.
(B) The permit shall authorize the applicant to
operate or move a vehicle or combination of ve-
hicles of a size or weight of vehicle or load exceed-
ing 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 respon-
sible.
(C) 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.
(D) The commission may delegate to other state
agencies the authority given in this section to
issue special permits.
(2)(A) 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 al-
lowed 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 equip-
ment, plows, tractors, bulldozers, or combines if:
(i) The vehicle or machinery is hauled on a
vehicle licensed as a natural resources vehicle;
(ii) The vehicle or machinery is owned or leased
by a person primarily engaged in farming opera-
tions and is being operated by an owner or lessor
of the vehicle or machinery or the owner’s or
lessor’s employee;
(iii) The vehicle or machinery is either:
(a) 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
(b) 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
(iv) The movement is performed during day-
light 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.
(B) 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 al-
lowed if:
(i) The vehicle or machinery is traveling on a
section of U.S. Highway 63 that includes the
roadway over the St. Francis Sunken Lands Wild-
life Management Area between the exits for State
Highway 149 and State Highway 14, as they
existed on June 1, 2015;
(ii) The highway has been designated and
known as a part of the Interstate Highway System
and other routes within the National Highway
System; and
(iii) 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 high-
way before the highway was designated and
known as a part of the Interstate Highway System
and other routes within the National Highway
System.
(C) 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.
(D) Notwithstanding the provisions of subdivi-
sion (a)(2)(A) of this section, permits may be
issued for the movement of earthmoving equip-
ment 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 earth-
moving operations for travel upon state highways
of any distance subject to the following require-
ments:
(i) The permit shall be issued only to owners or
lessors of the vehicles who are primarily engaged
in farming or commercial earthmoving operations;
(ii) The permit issued shall be limited to day-
light operation for a specified seventy-two-hour
period and shall specify the route of travel;
(iii) Not withstanding any other provision of
law to the contrary or unless otherwise prohibited
33227-35-209 TRANSPORTATION
by federal law, no part of the movement may be
upon any interstate highway or fully controlled
access facility unless:
(a) The earthmoving equipment is traveling on
a section of U.S. Highway 63 that includes the
roadway over the St. Francis Sunken Lands Wild-
life Management Area between the exits for State
Highway 149 and State Highway 14, as they
existed on June 1, 2015;
(b) The highway has been designated and
known as a part of the Interstate Highway System
and other routes within the National Highway
System; and
(c) 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 Sys-
tem;
(iv) Proof of liability insurance for the tow ve-
hicle shall be submitted to the Arkansas Depart-
ment of Transportation;
(v) Vehicles shall be accompanied by a front
escort vehicle with flashing amber lights, radio
contact with the vehicle operator, and “wide load”
signs;
(vi)(a) Vehicles may be moved in convoys of no
more than three (3) vehicles with escorts at the
front and rear of the convoy.
(b) Convoys shall pull off the highway at suffi-
cient intervals to allow traffic to pass;
(vii) A permit may be issued for no more than
two (2) dirt pans to be towed by one (1) tractor;
and
(viii) Permit fees shall be set by the commis-
sion.
(E)(i) 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 ap-
purtenance that extends no more than six inches
(69) beyond the body of the vehicle.
(ii) As used in this section, “appurtenance”
means:
(a) Awnings and awning support hardware;
and
(b) Any appendage that is intended to be an
integral part of a motor home or camping trailer.
(b)(1)(A) 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.
(B) 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.
(C)(i) 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' 89) in width along one (1) desig-
nated 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 reg-
istration.
(ii) A permit may be issued at a fee of one
thousand dollars ($1,000) per year.
(iii) The permit shall be limited to one (1)
county within the state where the one-way mile-
age into that county and within the state is no
greater than fifteen (15) miles.
(2)(A)(i) 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.
(ii) 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.
(B)(i) Upon application and the payment of an
annual fee, the director shall issue a special per-
mit 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.
(ii)(a) 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).
(b) For annual movements exceeding the
thirty-five-mile radius, the annual fee shall be
three hundred dollars ($300).
(C) 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.
(3) The permits authorized by this subsection (b)
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.
333 27-35-210SIZE AND LOAD REGULATIONS
(c) The application for any permit shall specifi-
cally 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 op-
eration or movement is to be completed; and
(4) The particular highways for which a permit to
operate is requested.
(d) Any agency authorized in this section to issue
special permits is authorized:
(1) To issue or withhold the permit based upon
the following factors:
(A) The condition and state of repair of the
highway involved;
(B) The ability of the highways to carry the
overweight or oversized vehicle;
(C) The danger to the traveling public from the
standpoint of safety; or
(D) Findings of repeated violations of permits
issued under this section as established by prop-
erly 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.
(e)(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:
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
(3) In addition to the fees prescribed in subdivi-
sions (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.
(f)(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 author-
ity granting the permit.
(2) No person shall violate any of the terms or
conditions of the special permit.
(g) It shall be the duty of the respective agencies
authorized in this section:
(1) To issue the permits provided for in this sec-
tion;
(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 and regulations promulgated by the issuing
agency; and
(3) To transmit the fees to the Treasurer of State
to be credited to the State Highway and Transpor-
tation Department Fund.
(h) 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.
(i)(1) The commission is hereby authorized to
issue permits for the movement of any overweight
mobile construction vehicle or equipment upon high-
ways 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 equip-
ment, charges shall be made as follows:
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
(j)(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.
(k)(1) The commission is authorized to issue spe-
cial 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 process-
ing 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
33427-35-210 TRANSPORTATION
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.
(l) 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 sub-
ject to the restrictions and conditions deemed appro-
priate 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 equip-
ment 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 mini-
mum 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 mini-
mum 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 container-
ized 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 man-
ner 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).
(m)(1) The commission is authorized to issue spe-
cial 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 limi-
tations imposed by law as provided under this sub-
section.
(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 of State Highways and Trans-
portation, 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:
(A) Results in an oversized, overweight, or both
oversized and overweight combination of vehicles;
and
(B) Is the initial movement of disabled or
wrecked vehicles or combination of vehicles from
highways, roads, streets, or highway rights-of-
way to:
(i) The nearest point of storage or repair used
by the towing or wrecker company;
(ii) The nearest point of storage or repair used
by the owner or operator of the vehicle; or
(iii) The nearest authorized repair center for
the vehicle.
(n) 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').
(o) 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.).
(p)(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 move-
ment of a vehicle hauling farm machinery equip-
ment that exceeds the maximum width authorized
under § 27-35-206, but does not exceed twelve feet
(12'), if a farm machinery equipment dealer:
335 27-35-210SIZE AND LOAD REGULATIONS
(A) Applies to the commission for the special
permit; and
(B) Pays a fee not to exceed five hundred dollars
($500) per vehicle authorized under this subdivi-
sion (p)(1).
(2) A farm machinery equipment dealer is respon-
sible 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 department in the event
of:
(A) Damage to a highway or a highway struc-
ture caused by a vehicle issued a permit under
subdivision (p)(1) of this section; or
(B) 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 high-
way 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.
(q)(1) The commission may issue a special permit
valid for one (1) year authorizing the movement of a
truck tractor and semi-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
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 Arkansas Agriculture De-
partment shall promulgate rules necessary to imple-
ment this subsection, including without limitation
the criteria required to qualify for the issuance of a
special permit.
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.
27-35-211. Disposition of fees and penalties.
All fees and penalties collected under the provi-
sions of §§ 27-35-202 and 27-35-210 shall be remit-
ted by the tenth day of each month to the Adminis-
tration of Justice Funds Section of the Office of
Administrative Services of the Department of Fi-
nance 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.
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 di-
rect traffic.
(a) 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 tempo-
rarily stop or halt traffic and safely direct, control,
and regulate traffic around the overweight or over-
size payload while maneuvering his or her over-
weight or oversize payloads on or off the public
streets or highways.
(b) Provided, however, that no overweight or over-
size 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.
S
UBCHAPTER 3 — MANUFACTURED HOMES
AND
HOUSES
SECTION
.
27-35-301
. Definitions.
27-35-302
. Limitations on movement.
27-35-303
. Rules and regulations.
27-35-304
. Special permit to move — Fee.
27-35-305
. Issuance of permits.
27-35-306
. Times and places for moving overwidth or overlength
manufactured homes.
27-35-307
. Payment of fees on monthly basis.
27-35-308
. Disposition of fees.
27-35-309
. Transportation of houses and other structures.
27-35-310
. Persons permitted to stop and direct traffic.
27-35-301. Definitions.
As used in this subchapter:
(1) [Repealed.]
(2) “Insurance” means a policy of liability insur-
ance, 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
33627-35-211 TRANSPORTATION
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:
(A) Where any person lives or carries on a
business or other calling;
(B) Where people assemble for purposes of
business, government, education, religion, enter-
tainment, or public transportation; or
(C) Which is customarily used for overnight
accommodation of persons, whether or not a per-
son 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 road-
way for the movement of vehicles, exclusive of shoul-
ders and auxiliary lanes; and
(9) “Width” means the largest overall width of a
manufactured home in the traveling mode, includ-
ing 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.
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 sub-
chapter.
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 and regulations.
The Arkansas Department of Transportation shall
promulgate rules and regulations covering the ap-
plication for, and issuance of, special permits for the
safe movement of manufactured home units in ac-
cordance 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.
27-35-304. Special permit to move — Fee.
(a)(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 Trans-
portation.
(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' 69) in width may be moved upon
the public highways of this state by obtaining an
emergency permit approved by the department. Fac-
tors to be considered in approval of the emergency
permit shall include, but not be limited to:
(A) Maximum overall width;
(B) Distance to travel;
(C) Condition of the highway; and
(D) The volume and type of traffic.
(4) No special permit shall be issued for any
manufactured home unit exceeding eighteen feet
(18') in width.
(b)(1) The rules and regulations of the State
Highway Commission, with respect to the move-
ment of manufactured homes upon the highways of
this state shall be equally applicable to the move-
ment 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 per-
mitted by the department.
(c)(1) Special permits required under this sub-
chapter 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, pro-
vided that the manufactured home unit to be moved
does not exceed sixteen feet six inches (16' 69) in
width.
(2) The department shall charge a fee of no more
than one hundred fifty dollars ($150) if the manu-
factured home to be moved is greater than sixteen
feet six inches (16' 69) 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.
27-35-305. Issuance of permits.
(a) 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.
(b)(1) Persons moving their personal manufac-
tured 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 re-
quired by the Interstate Commerce Commission as
the pulling vehicle, when the driver of a pulling
337 27-35-305SIZE AND LOAD REGULATIONS
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.
27-35-306. Times and places for moving over-
width or overlength manufactured homes.
(a) 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 Trans-
portation.
(b) 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.
(c) 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 re-
ferred 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 sub-
chapter, to such extent, shall not be applicable to
highways which are a part of the national system of
interstate and defense highways.
(d) The designated routes, times, and speeds for
the movement shall be clearly shown in the permit.
(e) The acceptance of a permit by an applicant
will be considered a clear commitment for compli-
ance with all of the provisions of this subchapter and
for compliance with the safety regulations pre-
scribed by the department for such movement.
(f)(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, includ-
ing, 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 endan-
ger the safety of the traveling public due to antici-
pated 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.
(g)(1) On any controlled-access, divided highway
with four (4) or more lanes, any manufactured home
in excess of fourteen feet nine inches (14' 99) in width
shall be accompanied by one (1) escort vehicle. The
escort vehicle shall travel behind the manufactured
home.
(2)(A) On all other highways, the movement of
manufactured homes in excess of twelve feet (12')
in width through fourteen feet nine inches (14' 99)
in width shall be accompanied by one (1) escort
vehicle. The escort vehicle shall travel in front of
the manufactured home.
(B) The movement of manufactured homes in
excess of fourteen feet nine inches (14' 99) 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.
27-35-307. Payment of fees on monthly basis.
(a) Persons posting a surety bond with the Arkan-
sas 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.
(b) 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.
27-35-308. Disposition of fees.
(a) All fees collected under the provisions of this
subchapter shall forthwith be deposited into the
State Treasury as special revenues.
(b) 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.
33827-35-306 TRANSPORTATION
27-35-309. Transportation of houses and
other structures.
(a) Qualified house or structural movers in this
state who have met the financial responsibility re-
quirements of the laws of this state and regulations
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' 69) in
width, exclusive of roof overhang, upon obtaining a
permit as required by law.
(b)(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'
69), 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:
(A) Maximum overall width;
(B) Distance to travel;
(C) Condition of the highway; and
(D) The volume or type of traffic.
(c)(1) The State Highway Commission may issue
such special regulations for the movement of houses
and other structures on the highways as the com-
mission deems necessary for the protection of the
public safety.
(2)(A) The rules and regulations of the commis-
sion, with respect to the movement of overwidth,
overheight, or overlength loads upon the high-
ways of this state shall be equally applicable to
the movement of houses and other structures
upon city streets and county roads of this state.
(B) 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.
(d) The provisions of this section are supplemen-
tal 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.
27-35-310. Persons permitted to stop and di-
rect traffic.
(a) 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 per-
mit 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.
(b) 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.
CHAPTER 36
LIGHTING REGULATIONS
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. LIGHTING REQUIREMENTS GENERALLY.
3. LIGHTS FOR EMERGENCY VEHICLES.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-36-101
. Violations.
27-36-102
. Exemptions from provisions.
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 adjust-
ment 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.
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.
S
UBCHAPTER 2 — LIGHTING REQUIREMENTS
GENERALLY
SECTION
.
27-36-201 — 27-36-203
. [Repealed.]
339 27-36-102LIGHTING REGULATIONS
SECTION.
27-36-204
. When lighted lamps required.
27-36-205
. Use of parking lights.
27-36-206
. Lamps on parked vehicles.
27-36-207
. Number of driving lamps required or permitted.
27-36-208
. Special restrictions on lamps.
27-36-209
. Headlamps.
27-36-210
. Multiple-beam road lighting equipment.
27-36-211
. Use of multiple-beam road lighting equipment.
27-36-212
. [Repealed.]
27-36-213
. [Repealed.]
27-36-214
. Spot lamps, fog lamps, and auxiliary passing and
driving lamps.
27-36-215
. Tail lamps and reflectors.
27-36-216
. Signal lamps and signal devices.
27-36-217
. Additional lighting equipment generally.
27-36-218
. Additional lamps and reflectors on buses, trucks, trac-
tors, and trailers.
27-36-219
. Lamps on farm tractors and equipment.
27-36-220
. Lamps on bicycles.
27-36-221
. Auxiliary driving lights.
27-36-222
. Penalty for violation of § 27-36-221.
27-36-223
. Motorcycle headlamp modulation systems.
27-36-224
. Display of lighting devices generally.
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.
(a)(1) Every vehicle, except motorcycles and mo-
tor-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 high-
way at a distance of five hundred feet (500') ahead
shall display lighted lamps and illuminating devices
as respectively required for different classes of ve-
hicles, subject to exceptions with respect to parked
vehicles as stated.
(2)(A) Every vehicle, except motorcycles and mo-
tor-driven cycles, upon a street or highway within
this state shall display lighted lamps and illumi-
nating devices, as respectively required for differ-
ent classes of vehicles, during any period in which
the vehicle’s windshield wipers are being used for
clearing or cleaning rain, snow, or other precipita-
tion from the windshield because of inclement
weather.
(B)(i) 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.
(ii) 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 provi-
sions of subdivision (a)(2)(A) of this section.
(C) Any person who violates the provisions of
subdivision (a)(2)(A) of this section shall be sub-
ject 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.
(b) Every motorcycle and every motor-driven
cycle upon a street or highway within this state at
any time shall display lighted lamps and illuminat-
ing devices as respectively required for different
classes of vehicles, subject to exceptions with respect
to parked vehicles as stated.
(c) 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.
(d) 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.
27-36-205. Use of parking lights.
(a) 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.
(b) This section shall not apply to a motor vehicle
which is parked.
History. Acts 1991, No. 895, § 1.
27-36-206. Lamps on parked vehicles.
(a) 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.
(b) 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
34027-36-201 TRANSPORTATION
there is sufficient light to reveal any person or object
within a distance of five hundred feet (500') upon the
highway.
(c) 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.
27-36-207. Number of driving lamps required
or permitted.
(a) 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.
(b) 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.
27-36-208. Special restrictions on lamps.
(a) 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.
(b)(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.
(c) 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.
27-36-209. Headlamps.
(a)(1) Every motor vehicle, other than a motor-
cycle 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 require-
ments and limitations set forth in this subchapter.
(b) 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.
(c) 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 (549) nor less than twenty-four inches (249), to
be measured as set forth in § 27-36-204.
(d) A covering, coating, or any type of alteration
that reduces the illumination intensity of a head-
lamp 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.
27-36-210. Multiple-beam road lighting equip-
ment.
(a) Except as otherwise provided, the headlamps
or the auxiliary driving lamp or the auxiliary pass-
ing 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.
(b) 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.
(c)(1) Every new motor vehicle, other than a mo-
torcycle 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.
341 27-36-210LIGHTING REGULATIONS
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)(A) 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.
(B) The lowermost distribution of light, or com-
posite beam, specified in § 27-36-210(b)(2) shall
be deemed to avoid glare at all times, regardless of
road contour and loading; and
(2) Whenever the driver of a vehicle follows an-
other 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.
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 auxil-
iary passing and driving lamps.
(a) 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.
(b) 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 (129) nor more
than thirty inches (309) 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 (49)
below the level of the center of the lamp from which
it comes.
(3) Lighted fog lamps meeting these require-
ments may be used with lower headlamp beams as
specified in § 27-36-210(b)(2).
(c) 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 (249) nor more than forty-two inches (429)
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 pass-
ing lamps.
(d) 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
(169) nor more than forty-two inches (429) 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.
(e) 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.
27-36-215. Tail lamps and reflectors.
(a)(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.
(b) Every tail lamp upon every vehicle shall be
located at a height of not more than seventy-two
inches (729) nor less than twenty inches (209).
34227-36-211 TRANSPORTATION
(c)(1)(A) 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.
(B) 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 excess-
sively used so as to render the registration plate
illegible from a distance of less than fifty feet (50').
(2) 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.
(d)(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.
(e)(1) Every reflector shall be mounted on the
vehicle at a height not less than twenty inches (209)
nor more than sixty inches (609) 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 re-
quired 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.
27-36-216. Signal lamps and signal devices.
(a)(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.
(b)(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 lo-
cated on the same level and as widely spaced later-
ally 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 dis-
play 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.
(c)(1) Any motor vehicle, or combination of ve-
hicles, eighty inches (809) 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 lo-
cated on the same level and as widely spaced later-
ally 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.
(d)(1)(A) 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.
(B) 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.
(2)(A) No person shall operate on the highways
any motor vehicle, trailer, or semitrailer regis-
tered 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.
(B) 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.
(e) No stop lamp or signal lamp shall project a
glaring light.
343 27-36-216LIGHTING REGULATIONS
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.
27-36-217. Additional lighting equipment gen-
erally.
(a) 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.
(b) 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.
(c)(1) Any motor vehicle may be equipped with
not more than two (2) backup lamps, either sepa-
rately or in combination with other lamps.
(2) Any backup lamp shall not be lighted when
the motor vehicle is in forward motion.
(d)(1)(A) 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 pass-
ing.
(B) When so equipped, the warning lamps may
be displayed in addition to any other warning
signals required by this subchapter.
(2) 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.
(3) 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.
(4) These warning lights shall be visible from a
distance of not less than five hundred feet (500')
under normal atmospheric conditions at night.
(e)(1) Any commercial vehicle eighty inches (809)
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.
27-36-218. Additional lamps and reflectors on
buses, trucks, tractors, and trailers.
(a) 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:
(A) On the rear, two (2) reflectors, one (1) at
each side; and
(B) One (1) stop light;
(2) On every bus or truck eighty inches (809) or
more in overall width, in addition to the require-
ments in subsection (a)(1):
(A) On the front, two (2) clearance lamps, one
(1) at each side;
(B) On the rear, two (2) clearance lamps, one (1)
at each side;
(C) On each side, two (2) side marker lamps,
one (1) at or near the front and one (1) at or near
the rear; and
(D) 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:
(A) On the front, two (2) clearance lamps, one
(1) at each side; and
(B) 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):
(A) On the front, two (2) clearance lamps, one
(1) at each side;
(B) On each side, two (2) side marker lamps,
one (1) at or near the front and one (1) at or near
the rear;
(C) On each side, two (2) reflectors, one (1) at or
near the front and one (1) at or near the rear; and
(D) 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 thou-
sand pounds (3,000 lbs.) gross weight:
(A) On each side, one (1) side marker lamp and
one (1) clearance lamp, which may be in combina-
tion, to show to the front, side, and rear; and
(B) 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:
(A) On the rear, two (2) reflectors, one (1) on
each side; and
(B) 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.
(b) The clearance lamps, side marker lamps,
backup lamps, and reflectors required in subsection
(a) of this section shall display or reflect the follow-
ing 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:
34427-36-217 TRANSPORTATION
(A) The stop light or other signal device, which
may be red, amber, or yellow; and
(B) The light illuminating the license plate
shall be white and the light emitted by a backup
lamp shall be white or amber.
(c) Reflectors, clearance, and side marker lamps,
when required by subsection (a) of this section, shall
be mounted as follows:
(1)(A)(i) Reflectors, when required by subsection
(a) of this section, shall be mounted at a height not
less than twenty-four inches (249) and not higher
than sixty inches (609) above the ground on which
the vehicle stands.
(ii) If the highest part of the permanent struc-
ture of the vehicle is less than twenty-four inches
(249), the reflector at such point shall be mounted
as high as that part of the permanent structure
will permit.
(B) The rear reflectors on a pole trailer may be
mounted on each side of the bolster or load.
(C) 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
(2)(A) 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.
(B) Clearance lamps and side marker lamps
may be mounted in combination, provided illumi-
nation is given as required in this section with
reference to both.
(d) Visibility requirements for reflectors, clear-
ance lamps, and side marker lamps, when required
under subsection (a) of this section, shall be as
follows:
(1)(A) 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.
(B) 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;
(2) Front and rear clearance lamps shall be ca-
pable of being seen and distinguished under normal
atmospheric conditions at the times lights are re-
quired, at a distance of five hundred feet (500') from
the front and rear, respectively, of the vehicle; and
(3) 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.
(e)(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 require-
ment 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.
27-36-219. Lamps on farm tractors and equip-
ment.
(a)(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.
(b) 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.
(c) 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 combina-
tion 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 hun-
dred feet (100') to the rear when illuminated by the
upper beams of headlamps.
(d)(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 head-
lamps meeting the requirements of § 27-36-210 or
§ 27-36-212 and at least one (1) red lamp visible
345 27-36-219LIGHTING REGULATIONS
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 head-
lamps.
(e) 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 com-
bination shall be equipped as required in subsection
(d) of this section;
(2) The towed unit of farm equipment or imple-
ment 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.
(f)(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.
(g)(1) Every vehicle, including animal-drawn ve-
hicles 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 head-
lamps.
History. Acts 1937, No. 300, § 111; Pope’s Dig., § 6771; Acts
1959, No. 307, § 45; A.S.A. 1947, § 75-709.
27-36-220. Lamps on bicycles.
(a) 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.
(b) 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.
(a) As used in this section, “motorcycle equipped
with a headlamp modulation system” means a mo-
torcycle that is wired to modulate either the upper
or lower headlamp beam from its maximum inten-
sity to a lesser intensity.
(b) The operator of a motorcycle equipped with a
headlamp modulation system shall use the head-
lamp modulation system only during daylight hours.
(c) 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.
34627-36-220 TRANSPORTATION
27-36-224. Display of lighting devices gener-
ally.
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.
S
UBCHAPTER 3 — LIGHTS FOR EMERGENCY
VEHICLES
SECTION
.
27-36-301
. Violations.
27-36-302
. Exempted devices.
27-36-303
. Police vehicles.
27-36-304
. Fire department vehicles and ambulances.
27-36-305
. Other emergency vehicles.
27-36-306
. Other nonemergency vehicles — Funeral processions.
27-36-301. Violations.
(a)(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.
(b) 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 origi-
nal 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.
(c)(1) A violation of subsection (b) of this section
shall be a Class A misdemeanor.
(2) Violation of any other provision of this sub-
chapter 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.
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 am-
bulances.
(a) All state, county, city, and municipal or pri-
vately 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 Arkan-
sas. 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.
(b) Emergency medical services personnel li-
censed by the Department of Health may install,
maintain, and exhibit red rotating or flashing emer-
gency 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.
27-36-305. Other emergency vehicles.
(a) 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.
(b)(1) In addition to amber flashing or rotating
emergency or warning lights, wreckers or tow ve-
hicles permitted or licensed under § 27-50-1203
that respond to traffic incidents may, but are not
required to, be equipped with red flashing or rotat-
ing emergency or warning lights in addition to
amber warning lights.
(2) Red flashing or rotating emergency or warn-
ing 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.
347 27-36-305LIGHTING REGULATIONS
27-36-306. Other nonemergency vehicles —
Funeral processions.
(a)(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.
(b) 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.
CHAPTER 37
EQUIPMENT REGULATIONS
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. SAFETY AND EMERGENCY EQUIPMENT.
3. GLASS AND MIRRORS.
4. TIRES.
5. BRAKES.
6. MUFFLERS.
7. MANDATORY SEAT BELT USE.
8. ERIC’S LAW: THE NITROUS OXIDE PROHIBITION ACT.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-37-101
. Violations.
27-37-102
. Exemptions from provisions.
27-37-103
. [Transferred.]
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 combina-
tion 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.
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.
27-37-103. [Transferred.]
Publisher’s Notes. Section 2 of Acts 2009, No. 103 stated “For
administrative convenience, the Arkansas Code Revision Commis-
sion shall removeArkansas Code § 27-37-103 including the amend-
ment 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.”
S
UBCHAPTER 2 — SAFETY AND EMERGENCY
EQUIPMENT
SECTION
.
27-37-201
. [Repealed.]
27-37-202
. Horns and warning devices — Flashing lights on
emergency vehicles.
27-37-203
. Vehicles transporting explosives.
27-37-204
. Lamp or flag on projecting load.
27-37-205
. Certain vehicles to carry flares or other warning de-
vices.
27-37-206
. Display of warning devices when vehicle disabled.
27-37-201. [Repealed.]
Publisher’s Notes. This section, prohibiting the sale of substan-
dard 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.
(a)(1)(A) 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').
(B) No horn or other warning device shall emit
an unreasonably loud or harsh sound or a whistle.
(2) 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.
(b)(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 com-
mercial 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.
(3)(A) Every authorized emergency vehicle shall
be equipped with a siren, whistle, or bell capable
of emitting sound audible under normal condi-
tions from a distance of not less than five hundred
feet (500') and of a type approved by the Arkansas
Department of Transportation.
(B)(i) Except as provided under § 27-51-906,
the driver of an emergency vehicle shall sound a
warning device:
(a) When necessary to warn pedestrians and
other drivers that the emergency vehicle is ap-
proaching; and
34827-36-306 TRANSPORTATION
(b) While the emergency vehicle is being oper-
ated in response to an emergency call or in the
immediate pursuit of an actual or suspected vio-
lator of the law.
(ii) 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.
(c)(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 practi-
cable. 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.
(d) 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.
(e) 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.
27-37-203. Vehicles transporting explosives.
(a) Any person operating any vehicle transport-
ing any explosive or other dangerous articles as
cargo upon a highway shall at all times comply with
the requirements of the regulations promulgated
under this section.
(b) The State Highway Commission is authorized
and directed to promulgate regulations governing
the transportation of explosives and other danger-
ous 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.
27-37-204. Lamp or flag on projecting load.
(a) 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.
(b) The red light or lantern required under this
section shall be in addition to the red rear light
required upon every vehicle.
(c) 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 (169)
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.
(a) 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)(A) At least three (3) flares, three (3) red elec-
tric 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 atmo-
spheric conditions at nighttime;
(B)(i) No flare, fuse, electric lantern, or cloth
warning flag shall be used for the purpose of
compliance with the requirements of this subsec-
tion unless the equipment is of a type which has
been submitted to the commissioner and approved
by him or her; and
(ii) 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 hun-
dred feet (600') to one hundred feet (100') under
normal atmospheric conditions at night when di-
rectly in front of lawful upper beams of headlamps
and unless it is of a type which has been submit-
ted to the commissioner and approved by him or
her;
(2) At least three (3) red-burning fusees, unless
red electric lanterns or red portable emergency
reflectors are carried;
(3) At least two (2) red cloth flags, not less than
twelve inches (129) square, with standards to sup-
port the flags.
(b)(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 trans-
portation 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 emer-
gency reflectors meeting the requirements of subsec-
tion (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.
349 27-37-205EQUIPMENT REGULATIONS
27-37-206. Display of warning devices when
vehicle disabled.
(a) 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 immedi-
ately 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:
(A) 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;
(B) 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
(C)(i) 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.
(ii) 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.
(b) Whenever any vehicle referred to in this sec-
tion 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 high-
way, but in no case less than one hundred feet (100')
nor more than five hundred feet (500') from the
disabled vehicle.
(c) 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 pre-
scribed 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.
(d) 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 emer-
gency 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 dis-
abled 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.
(e)(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:
(A) One (1) red electric lantern or portable red
emergency reflector, placed on the roadway at the
traffic side of the vehicle; and
(B) Two (2) red electric lanterns or portable red
reflectors, one (1) placed approximately one hun-
dred 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.
(f) The flares, fusees, red electric lanterns, por-
table red emergency reflectors, and flags to be dis-
played 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.
S
UBCHAPTER 3 — GLASS AND MIRRORS
SECTION
.
27-37-301
. [Repealed.]
27-37-302
. Windshields, etc., to be unobstructed.
27-37-303
. Windshield wipers required.
27-37-304
. Obstruction of interior prohibited.
27-37-305
. Mirrors.
27-37-306
. Light transmission levels for tinting of motor vehicle
windows.
27-37-307
. Window tinting on chauffeur-driven sedans.
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.
35027-37-206 TRANSPORTATION
27-37-302. Windshields, etc., to be unob-
structed.
No person shall drive any motor vehicle with any
sign, poster, or other nontransparent material upon
the front windshield, sidewings, side, or rear win-
dows of the vehicle other than a certificate or other
paper required to be so displayed by law if it ob-
structs 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.
27-37-303. Windshield wipers required.
(a) The windshield on every motor vehicle shall
be equipped with a device for cleaning rain, snow, or
other moisture from the windshield.
(b) 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.
(a)(1)(A) It is unlawful for any person to operate a
motor vehicle which has any substance or mate-
rial except rearview mirrors and decals required
by law attached to the windshield at any point
more than four and one-half inches (4½9) above
the bottom of the windshield if the substance or
material obstructs the operator’s view or the safe
operation of the vehicle.
(B) It is unlawful for any person to operate a
motor vehicle which has any substance or mate-
rial attached to the window of either front door
except substances or materials attached by the
manufacturer if the substance or material ob-
structs the operator’s view or the safe operation of
the vehicle.
(2) 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.
(b) Nothing in this section shall prohibit the
shading or tinting of windows of newly manufac-
tured automobiles so long as the newly manufac-
tured automobiles comply with all federal laws per-
taining thereto.
(c) 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.
27-37-305. Mirrors.
(a) Every motor vehicle shall be equipped with a
rearview mirror.
(b) 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 tint-
ing of motor vehicle windows.
(a) 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 (¼9) have been applied
to the windows of the vehicle.
(b) 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
(59) 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 immedi-
ately behind the driver on any truck, bus, trailer,
motor home, or multiple purpose passenger vehicle
may be covered with an after-market tinting mate-
rial 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.
(c) Any vehicle that is operated on Arkansas
roads with after-market tinting material on any
glass shall have attached to the front glass immedi-
ately 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.
(d) 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.
(e)(1)(A) 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 deter-
mines it is in the best interest of the motorist to be
exempt from the requirements of this section. The
351 27-37-306EQUIPMENT REGULATIONS
motorist shall carry in his or her motor vehicle a
physician’s certification.
(B) 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 certifi-
cation.
(C) 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.
(2) After August 16, 2013, a motorist that pro-
vides 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:
(A) 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;
(B) The rearmost window may be covered with
an after-market tinting material which results in
at least ten percent (10%) net light transmission;
and
(C) The front windshield may be covered with
an after-market tinting material which results in
at least fifty percent (50%) net light transmission.
(3) 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:
(A) Provides the name and phone number of
the company that installed the tinting material;
and
(B) Affirms that all tinting on the vehicle con-
forms to the requirements of this section.
(4) A motorist utilizing the provisions of this
section shall carry the physician’s certification in the
motor vehicle.
(5) Any physician certification issued in compli-
ance with this subsection shall be valid for three (3)
years from the date of issue.
(6) Upon transfer of a vehicle with window tinting
under the medical waiver exemption, the transferor
shall:
(A) Disclose that the window tinting is not
within legal limits without a medical waiver; or
(B) Remove the tinting that was based on the
medical waiver.
(f) 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.
(g) 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 con-
trary to the provisions of this section shall be guilty
of a Class B misdemeanor.
(h) 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].
(i) 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.
(j) 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.
27-37-307. Window tinting on chauffeur-
driven sedans.
(a)(1) As used in this section, “sedan” means a
motor vehicle that:
(A) Has been licensed as an automobile for hire
under § 27-14-601(a)(2);
(B) Accommodates a minimum of three (3) rear
passengers; and
(C) Is chauffeur-driven.
(2) A sedan is not a taxicab or van.
(b) 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 per-
cent (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.
(c) A sedan in compliance with this section is
exempt from § 27-37-306.
(d)(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:
(A) Sold to another person or entity that is not
in the business of renting automobiles for hire;
and
(B) No longer expected to be used as a sedan for
hire.
35227-37-307 TRANSPORTATION
(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.
S
UBCHAPTER 4 — TIRES
SECTION
.
27-37-401
. Only pneumatic rubber tires permitted — Exceptions
— Special permits.
27-37-402
. Metal studded tires lawful during prescribed period.
27-37-401. Only pneumatic rubber tires per-
mitted — Exceptions — Special permits.
(a)(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.
(b) No person shall operate or move on any high-
way any motor vehicle, trailer, or semitrailer having
any metal tire in contact with the roadway.
(c) 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 excep-
tions:
(1) It shall be permissible to use farm machinery
with tires having protuberances which will not in-
jure the highway;
(2) It shall be permissible to use tire chains of
reasonable proportions upon any vehicle when re-
quired for safety; and
(3) It shall be permissible to use metal studded
tires as prescribed in § 27-37-402.
(d) The State Highway Commission and local
authorities, in their respective jurisdictions and at
their discretion, may issue special permits authoriz-
ing 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.
(a) It is lawful to use metal studded tires with
studs protruding not more than one-sixteenth inch
(1/169) 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.
(b) If the United States Congress shall enact
legislation, or if any agency of the federal govern-
ment 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.
(c)(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.
S
UBCHAPTER 5 — BRAKES
SECTION
.
27-37-501
. Equipment required.
27-37-502
. Performance ability.
27-37-503
. [Repealed.]
27-37-501. Equipment required.
(a)(1) Every motor vehicle, other than a motor-
cycle 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 apply-
ing the brakes, each of which means shall be effec-
tive 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.
(b) 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.
(c)(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.
(d)(1)(A) 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.
353 27-37-501EQUIPMENT REGULATIONS
(B) Any semitrailer of less than one thousand
five hundred pounds (1,500 lbs.) gross weight need
not be equipped with brakes.
(2) 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.
(e)(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.
(2)(A) 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.
(B) If other energy is depended on for applica-
tion 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.
(3) The parking brake or brakes shall be so de-
signed, 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 re-
quired effectiveness.
(f) 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.
(g) All brakes shall be maintained in good work-
ing 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.
27-37-502. Performance ability.
(a) Every motor vehicle or combination of ve-
hicles, 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.
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
(b) 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.
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.
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.
S
UBCHAPTER 6 — MUFFLERS
SECTION
.
27-37-601
. Noise or smoke producing devices prohibited.
27-37-602
. Cutouts prohibited.
27-37-601. Noise or smoke producing devices
prohibited.
(a) 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.
(b) 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.
35427-37-502 TRANSPORTATION
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.
(a) The sale or use of cutouts on any motor-driven
vehicle while on the public roads, highways, streets,
and alleys of Arkansas is prohibited.
(b) Any person found guilty in any court of Arkan-
sas 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.
S
UBCHAPTER 7 — MANDATORY SEAT BELT
USE
SECTION
.
27-37-701
. Definitions.
27-37-702
. Seat belt use required — Applicability of subchapter.
27-37-703
. Effect of noncompliance.
27-37-704
. [Repealed.]
27-37-705
. [Repealed.]
27-37-706
. Penalties — Court costs.
27-37-707
. Traffic violation report and driver’s license suspension.
27-37-701. Definitions.
As used in this subchapter:
(1) “Motor vehicle” means any motor vehicle, ex-
cept 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 Department of Arkansas
State Police, except that, until such time as the
department has promulgated regulations defining
“seat belt”, the term means any passenger restraint
system which meets the federal requirements con-
tained in 49 C.F.R. § 571.208.
History. Acts 1991, No. 562, § 1.
27-37-702. Seat belt use required — Applica-
bility of subchapter.
(a) 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.
(b) This subchapter shall not apply to the follow-
ing:
(1) Passenger automobiles manufactured before
July 1, 1968, and all other motor vehicles manufac-
tured before January 1, 1972;
(2) Passengers and drivers with a physical dis-
ability 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 prop-
erly restrained under the Child Passenger Protec-
tion 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.
(c) 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.
27-37-703. Effect of noncompliance.
(a)(1) The failure of an occupant to wear a prop-
erly 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 relation-
ship between noncompliance and the injuries al-
leged, if the following conditions have been satisfied:
(A) The plaintiff has filed a products liability
claim other than a claim related to an alleged
failure of a seat belt;
(B) The defendant alleging noncompliance with
this subchapter shall raise this defense in its
answer or timely amendment thereto in accor-
dance with the rules of civil procedure; and
(C) Each defendant seeking to offer evidence
alleging noncompliance has the burden of proving:
(i) Noncompliance;
(ii) That compliance would have reduced inju-
ries; and
(iii) The extent of the reduction of the injuries.
(b)(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 consti-
tute 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.
27-37-704. [Repealed.]
Publisher’s Notes. This section, concerning inspection for com-
pliance, 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.
355 27-37-705EQUIPMENT REGULATIONS
27-37-706. Penalties — Court costs.
(a) Any person who violates this subchapter shall
be subject to a fine not to exceed twenty-five dollars
($25.00).
(b) When a person is convicted, pleads guilty,
pleads nolo contendere, or forfeits bond for violation
of this subchapter, court costs under § 16-10-305
shall be assessed, but other costs or fees shall not be
assessed.
History. Acts 1991, No. 562, § 7; 2005, No. 1934, § 23; 2013, No.
282, § 16.
27-37-707. Traffic violation report and driv-
er’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 subchap-
ter 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.
S
UBCHAPTER 8 — ERIC’S LAW: THE NITROUS
OXIDE PROHIBITION ACT
SECTION
.
27-37-801
. Title.
27-37-802
. Definitions.
27-37-803
. Use prohibited.
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)(A) “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.
(B) “Motorcycle” does not include a tractor;
(2) “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
(3) “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.
(a)(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:
(A) 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:
(i) Disconnecting the line feeding nitrous oxide
to the engine; or
(ii) Removing the container or containers of
nitrous oxide from the motor vehicle or motor-
cycle; or
(B) A person from operating a tow vehicle or a
recreational vehicle that is equipped to supply the
engine with nitrous oxide.
(b) 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.
2. BRAKE FLUID [REPEALED.]
S
UBCHAPTER 1 — ANTIFREEZE
SECTION
.
27-38-101
. Definitions.
27-38-102
. Penalty.
27-38-103
. Certain sales exempted.
27-38-104
. Regulation of disposition — Markings required.
27-38-105
. Record of deliveries — Exception.
27-38-101. Definitions.
As used in this subchapter:
(1) “Methanol” means the products commonly
known as methanol and methyl alcohol, wood alco-
hol, wood naphtha, methyl hydroxide, and methyl
hydrate; and
(2) “Person” means natural persons, partner-
ships, 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 hun-
dred dollars ($200).
35627-37-706 TRANSPORTATION
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 — Mark-
ings 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 alco-
hol;
(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 (½9) 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 blind-
ness 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.
(a) 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 anti-
freeze 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.
(b) The record is to be kept for inspection by the
State Board of Health and its duly authorized rep-
resentatives for a period of three (3) years from the
date of the last record made of a sale.
(c)(1) No record shall be necessary when the an-
tifreeze 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.
S
UBCHAPTER 2 — BRAKE FLUID
SECTION
.
27-38-201 — 27-38-204
. [Repealed.]
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
SUBCHAPTER
.
1
. TITLE, APPLICABILITY, AND CONSTRUCTION GENERALLY.
2. DEFINITIONS [REPEALED.]
S
UBCHAPTER 1 — TITLE, APPLICABILITY, AND
CONSTRUCTION GENERALLY
SECTION
.
27-49-101
. Title.
27-49-102
. Applicability to operation on highways — Exceptions.
27-49-103
. Construction.
27-49-104
. Penalty.
27-49-105
. Provisions to be uniform.
27-49-106
. Powers of local authorities.
27-49-107
. Obedience to police officers required.
27-49-108
. Governmental personnel subject generally.
27-49-109
. Drivers of authorized emergency vehicles.
27-49-110
. Persons working on highway surfaces.
27-49-111
. Use of bicycles, electric bicycles, or animals.
27-49-112
. No interference with rights of real property owners.
27-49-113
. Funeral processions — Right-of-way — Definitions.
27-49-114
. Definitions.
357 27-38-204GENERAL PROVISIONS
27-49-101. Title.
This act may be cited as the “Uniform Act Regu-
lating Traffic on Highways of Arkansas”.
History. Acts 1937, No. 300, § 162; Pope’s Dig., § 6822; A.S.A.
1947, § 75-1015.
27-49-102. Applicability to operation on high-
ways — Exceptions.
The provisions of this subtitle relating to the
operation of vehicles refer exclusively to the opera-
tion 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 through-
out 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.
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.
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.
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.
27-49-106. Powers of local authorities.
(a)(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 addi-
tional 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.
(b) 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 ve-
hicles, 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 as-
semblages 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 high-
way and requiring that all vehicles stop before
entering or crossing it or designating any intersec-
tion as a stop intersection and requiring all vehicles
to stop at one (1) or more entrances to the intersec-
tion;
(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.
(c) No ordinance or regulation enacted under sub-
division (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.
(d) 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.
35827-49-101 TRANSPORTATION
27-49-107. Obedience to police officers re-
quired.
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.
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 emer-
gency vehicles.
History. Acts 1937, No. 300, § 23; Pope’s Dig., § 6681; A.S.A.
1947, § 75-423.
27-49-109. Drivers of authorized emergency
vehicles.
(a)(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 emer-
gency vehicles shall stop in obedience to a stop sign
or signal.
(b) 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 ve-
hicle is operating the vehicle’s emergency lights and
operating an audible warning device.
(c) The driver of an authorized emergency vehicle
operated as a police vehicle is not required to oper-
ate 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.
27-49-110. Persons working on highway sur-
faces.
The provisions of this act shall not apply to
persons, teams, motor vehicles, and other equip-
ment 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.
27-49-111. Use of bicycles, electric bicycles, or
animals.
Every person riding a bicycle, electric bicycle, or
an animal, or driving any animal drawing a vehicle
upon a highway, shall have all the rights and all of
the duties applicable to the driver of a vehicle,
except those provisions of this act which by their
nature can have no applicability.
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.
27-49-112. No interference with rights of real
property owners.
(a) Nothing in this subtitle shall be construed to
prevent the owner of real property used by the
public for purposes of vehicular travel, by permis-
sion of the owner and not as matter of right, from
prohibiting such use, or from requiring other or
different or additional conditions than those speci-
fied in this subtitle, or otherwise regulating such use
as may seem best to such owner.
(b) 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.
(a) As used in this section:
(1) “Funeral escort vehicle” means a motor ve-
hicle that leads or facilitates the movement of a
funeral procession and is equipped as required by
§ 27-36-306(a)(1), including without limitation:
(A) A hearse;
(B) A motor vehicle owned by a funeral home or
private funeral escort company; or
(C) 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 accompa-
nying the body or cremated remains of a deceased
person from a funeral home, church, or other loca-
tion to the burial site or cemetery;
(3) “Immediate hazard” means any motor vehicle
approaching so near or so quickly that a reasonably
359 27-49-113GENERAL PROVISIONS
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 limita-
tion a motorcycle.
(b) 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.
(c)(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:
(A) To an authorized emergency vehicle as de-
fined in § 27-49-219 [repealed] if the authorized
emergency vehicle is displaying its rotating or
flashing emergency lights;
(B) When directed to yield or stop by a law
enforcement officer;
(C) To an approaching railroad train; or
(D) To oncoming traffic that constitutes an im-
mediate hazard.
(2) If a motor vehicle that is a part of a funeral
procession becomes separated from the funeral pro-
cession so that the funeral procession is no longer
continuous, the driver of the motor vehicle shall:
(A) Proceed to his or her destination; and
(B) Obey all official traffic control devices and
general rules of the road.
(d) A motor vehicle that is a part of a funeral
procession shall:
(1) Display its lighted:
(A) Headlamps;
(B) Tail lamps; and
(C) 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.
27-49-114. Definitions.
As used in this subchapter:
(1) “Business district” means the territory con-
tiguous to and including a highway when fifty per-
cent (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:
(A) That portion of a roadway ordinarily in-
cluded within the prolongation or connection of
the lateral lines of sidewalks at intersections; and
(B) Any portion of a roadway distinctly indi-
cated 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 in-
tended 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 produc-
ing 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;
(9)(A) “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.
(B) “Motorcycle” includes an autocycle as de-
fined in § 27-20-303.
(C) “Motorcycle” does not include a tractor;
(10) “Official traffic control devices” means all
signs, signals, markings, and devices not inconsis-
tent 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;
(11) “Official traffic control signal” means any
device, whether manually, electrically, or mechani-
cally operated, by which traffic is alternately di-
rected to stop and to proceed;
(12)(A) “Owner” means a person who holds the
legal title of a vehicle.
(B) 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;
36027-49-114 TRANSPORTATION
(13) “Pedestrian” means a person afoot;
(14) “Person” means a natural person, firm, co-
partnership, association, or corporation;
(15) “Pneumatic tire” means a tire in which com-
pressed air is designed to support the load;
(16) “Police officer” means an officer authorized to
direct or regulate traffic or to make arrests for
violations of traffic regulations;
(17) “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;
(18) “Railroad” means a carrier of persons or
property upon cars, other than streetcars, operated
upon stationary rails;
(19) “Railroad sign or signal” means a sign, sig-
nal, 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;
(20) “Railroad train” means a steam engine, elec-
tric, or other motor, with or without cars coupled
thereto, operated upon rails, except streetcars;
(21) “Residence district” means the territory con-
tiguous 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 resi-
dences and buildings in use for business;
(22) “Right-of-way” means the privilege of the
immediate use of the highway;
(23) “Roadway” means that portion of a highway
improved, designed, or ordinarily used for vehicular
travel;
(24) “Safety zone” means the area or space offi-
cially 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;
(25)(A) “School bus” means a motor vehicle de-
signed to carry more than ten (10) passengers that
is:
(i) Owned by a public or a governmental agency
or a private school and operated for the transpor-
tation of students to or from school or school-
sponsored activities; or
(ii) Privately owned and operated for compen-
sation for the transportation of students to or from
school or school-sponsored activities.
(B) “School bus” does not mean a motor vehicle
designed to carry more than twenty-five (25) pas-
sengers if the motor vehicle is:
(i) Owned by a public or a governmental agency
or a private school and operated for the transpor-
tation of students to or from school-sponsored
activities but not used to transport students on
any scheduled school bus route; or
(ii) Privately owned and operated for compen-
sation under contract to a school district and used
for the transportation of students to or from
school-sponsored activities;
(26) “Semitrailer” means a vehicle with or with-
out 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;
(27) “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;
(28) “Street” or “highway” means the entire width
between boundary lines of a roadway publicly main-
tained when any part of the roadway is open to the
use of the public for purposes of vehicular travel;
(29) “Streetcar” means a car other than a railroad
train for transporting persons or property and oper-
ated upon rails principally within a municipality;
(30) “Through highway” means a highway or por-
tion 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;
(31) “Traffic” means pedestrians, ridden or
herded animals, vehicles, streetcars, and other con-
veyances, either singly or together, while using any
highway for purposes of travel;
(32) “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
(33) “Vehicle” means a device in, upon, or by
which any person or property is or may be trans-
ported 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.
S
UBCHAPTER 2 — DEFINITIONS
SECTION
.
27-49-201 — 27-49-219
. [Repealed.]
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.
2. ENFORCEMENT GENERALLY.
3. OFFENSES AND PENALTIES GENERALLY.
361 27-49-219PENALTIES AND ENFORCEMENT
SUBCHAPTER.
4
. ADDITIONAL PENALTY.
5. TRAFFIC CITATIONS.
6. ARREST AND RELEASE.
7. TRIAL AND JUDGMENT.
8. CONVICTIONS.
9. CENTRAL DRIVER’S RECORDS FILE.
10. REPORTS OF ACCIDENTS.
11. ABANDONED VEHICLES.
12. REMOVAL OR IMMOBILIZATION OF UNATTENDED OR ABANDONED
VEHICLES.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-50-101
. Operation of vehicles contrary to law prohibited.
27-50-102
. Parties guilty of acts declared to be crimes.
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 opera-
tion 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.
(a) Every person who commits, attempts to com-
mit, 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.
(b) Every person who falsely, fraudulently, forc-
ibly, 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.
S
UBCHAPTER 2 — ENFORCEMENT GENERALLY
SECTION
.
27-50-201
. Provisions deemed cumulative.
27-50-202
. Arkansas Highway Police Division of the Arkansas
Department of Transportation — Creation.
27-50-203
. Appointment of chief.
27-50-204
. Division employees.
27-50-205
. Power and authority of division.
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 un-
der 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 enact-
ment of Acts 1953, No. 122, which imposed duties
upon the Arkansas Department of Transportation
and the Director of the Department of Finance and
Administration, which were transferred to the De-
partment of Arkansas State Police under the provi-
sions 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.
27-50-202. Arkansas Highway Police Division
of the Arkansas Department of Transporta-
tion — 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.
27-50-203. Appointment of chief.
The Director of State Highways and Transporta-
tion 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.
27-50-204. Division employees.
(a) The State Highway Commission shall estab-
lish rules and regulations governing employees of
the Arkansas Highway Police Division of the Arkan-
sas Department of Transportation.
(b) Employees of the division may be required to
wear some type of regalia or uniform identifying the
employees as members of the division.
(c) All moneys coming into the hands of the em-
ployees in the enforcement of revenue laws shall be
subject to regulations and procedures as the Direc-
tor of the Department of Finance and Administra-
tion shall direct.
History. Acts 1963, No. 125, § 4; A.S.A. 1947, § 75-1022.9; Acts
2017, No. 448, § 40; 2017, No. 707, § 342.
27-50-205. Power and authority of division.
(a) The Arkansas Highway Police Division of the
Arkansas Department of Transportation shall have
the power and authority to enforce all laws pertain-
ing to the unlawful operation of motor vehicles over
the highways of this state.
(b) This responsibility shall include, but not be
limited to, a full responsibility along with the De-
partment 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.
36227-50-101 TRANSPORTATION
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.
S
UBCHAPTER 3 — OFFENSES AND PENALTIES
GENERALLY
SECTION
.
27-50-301
. Applicability of criminal code.
27-50-302
. Classification of traffic violations.
27-50-303
. Violations involving drivers’ licenses.
27-50-304
. Penalties for misdemeanors.
27-50-305
. Penalty for violation of 1959 amendatory act.
27-50-306
. Additional penalties on conviction of moving traffic
violations.
27-50-307
. Negligent homicide.
27-50-308
. Reckless driving.
27-50-309
. Racing or observing a drag race as a spectator on a
public highway.
27-50-310
. Use of officially designated school bus colors or words
“school bus” unlawful.
27-50-311
. Penalties for large trucks exceeding speed limits.
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.
27-50-302. Classification of traffic violations.
(a) The following traffic law violations shall be
known as offenses and classified as indicated:
(1) Racing on a public highway — Class A misde-
meanor;
(2) Reckless driving — Class B misdemeanor;
(3) Driving with lights off to avoid detection,
identification, or apprehension — Class B misde-
meanor;
(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.
(b) 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.
27-50-303. Violations involving drivers’ li-
censes.
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 mis-
demeanor; and
(2) Making a false statement to the Director 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.
27-50-304. Penalties for misdemeanors.
(a) 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.
(b) 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.
27-50-305. Penalty for violation of 1959 amen-
datory act.
(a) 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.
(b) Upon conviction, an offender shall be pun-
ished:
(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
363 27-50-305PENALTIES AND ENFORCEMENT
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 impris-
onment 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.
27-50-306. Additional penalties on conviction
of moving traffic violations.
(a) In addition to the penalties provided by law,
after the conviction of any person for any moving
traffic violation, the sentencing court may in dispo-
sition 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 neces-
sary 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 discre-
tion, designed as a reasonable and suitable preven-
tative and educational safeguard to prevent future
traffic violations by the minor.
(b)(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 sub-
section shall be remitted on or before the fifteenth
day of the following month to the Arkansas Chil-
dren’s Advocacy Center Fund.
History. Acts 1961, No. 143, § 1; A.S.A. 1947, § 75-1038a; Acts
2017, No. 714, § 6.
27-50-307. Negligent homicide.
(a) 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 operat-
ing the vehicle shall be guilty of negligent homicide.
(b) The Director of the Department of Finance
and Administration shall revoke the operator’s or
chauffeur’s license of any person convicted of negli-
gent homicide under the provisions of this section.
(c) 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.
27-50-308. Reckless driving.
(a) 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.
(b)(1)(A) 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.
(B) Otherwise, every person convicted of reck-
less driving shall be punished upon a first convic-
tion 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.
(2)(A) For a second or subsequent offense occur-
ring 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.
(B) However, if the second or subsequent of-
fense involves physical injury to a person, the
person convicted shall be punished by imprison-
ment 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 thou-
sand 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.
27-50-309. Racing or observing a drag race as
a spectator on a public highway.
(a) As used in this section:
(1) “Drag race” means:
(A) The operation of two (2) or more motor
vehicles from a point side-by-side at accelerating
36427-50-306 TRANSPORTATION
speeds in a competitive attempt to outdistance
each other; and
(B) 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 accel-
eration 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:
(A) Outgain or outdistance another motor ve-
hicle or motor vehicles;
(B) Arrive at a given destination ahead of an-
other motor vehicle or motor vehicles; or
(C) Test the physical stamina or endurance of
drivers over long-distance driving routes.
(b)(1) A person commits the crime of racing on a
public highway if he or she knowingly:
(A) 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;
(B) Participates in, promotes, solicits, or col-
lects moneys at any location for any race or drag
race on a public highway; or
(C) 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.
(c)(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:
(A) Is knowingly present at and purposely ob-
serves the drag race or the preparation for the
drag race; and
(B) Purposely demonstrates through active en-
couragement, assistance, facilitation, urging, or a
request that the drag race commence.
(2) Observing a drag race is a Class B misde-
meanor.
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.
27-50-310. Use of officially designated school
bus colors or words “school bus” unlawful.
(a) 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.
(b) Any person violating the provisions of subsec-
tion (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 exceed-
ing speed limits.
(a) 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 damag-
ing driving practices by providing severe penalties
against those persons who are determined to be
guilty of violating this section.
(b) 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.).
(c) 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.
(d) The fine provided for in this section is in
addition to all other fines and court costs levied for
the violation.
(e)(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.
(f) 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.
365 27-50-311PENALTIES AND ENFORCEMENT
SUBCHAPTER 4 — ADDITIONAL PENALTY
SECTION
.
27-50-401
. [Repealed.]
27-50-402
. Penalty mandatory.
27-50-403
. Applicable only to certain cities.
27-50-404
. Disposition of funds.
27-50-405
. Penalties to be remitted monthly.
27-50-406
. Failure to collect and remit.
27-50-407
. Annual audit.
27-50-408
. Fines for moving traffic violations in a highway work
zone — Definitions.
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. Penalty mandatory.
The penalty provided in § 27-50-401 [repealed] is
mandatory and shall be levied in connection with
each conviction as provided in that section, and no
court shall have the power or authority to suspend,
postpone, or forgive the collection of any penalty as
provided in this subchapter.
History. Acts 1963, No. 257, § 2; A.S.A. 1947, § 75-1040.
27-50-403. Applicable only to certain cities.
The penalties as provided in § 27-50-401 [re-
pealed], and the collection thereof, shall only apply
to those cities of the first and second class that
provide retirement coverage to certified police per-
sonnel under provisions of Arkansas law establish-
ing the policemen’s pension and relief fund, and
those cities which have adopted coverage for certi-
fied police personnel under the Arkansas Local Po-
lice and Fire Retirement System, since July 1, 1981.
History. Acts 1963, No. 257, § 2; A.S.A. 1947, § 75-1040; Acts
1989, No. 935, § 1.
27-50-404. Disposition of funds.
All penalties collected under the provisions of this
subchapter shall be deemed to be collected for the
benefit of employees of the policemen’s pension and
relief fund or for payments to fund the employer’s
share of retirement cost for certified police person-
nel, covered under the Arkansas Local Police and
Fire Retirement System.
History. Acts 1963, No. 257, § 3; A.S.A. 1947, § 75-1041; Acts
1989, No. 935, § 2.
27-50-405. Penalties to be remitted monthly.
All penalties collected under the provisions of this
subchapter shall be remitted by the collecting offi-
cials to the city treasurer, city clerk, or city recorder
for deposit into the policemen’s pension and relief
fund or for deposit into the Arkansas Local Police
and Fire Retirement System subsidy account or city
general fund, on or before the fifth day of the month
following the month of collection thereof in each city
of the first or second class providing retirement
coverage to certified police personnel.
History. Acts 1963, No. 257, § 4; A.S.A. 1947, § 75-1042; Acts
1989, No. 935, § 3.
27-50-406. Failure to collect and remit.
(a) Any official charged with the duty of collecting
any of the penalties as prescribed in this subchapter
shall be guilty of misfeasance in office and shall be
subject to removal from office upon failure to collect
the penalties and remit them to the city treasurer,
city clerk, or city recorder in each respective city of
the first and second class of this state that provides
retirement coverage to certified police personnel
under the policemen’s pension and relief fund or the
Arkansas Local Police and Fire Retirement System
since July 1, 1981.
(b) In addition, he or she shall be liable on his or
her official bond for any penalties which are not
collected or remitted as required in this subchapter.
History. Acts 1963, No. 257, § 5; A.S.A. 1947, § 75-1043; Acts
1989, No. 935, § 4.
27-50-407. Annual audit.
The records of all officials charged with the duty of
collecting penalties as prescribed in this subchapter
shall be audited annually by the Director of the
Department of Finance and Administration or his or
her designated agents.
History. Acts 1963, No. 257, § 5; A.S.A. 1947, § 75-1043.
27-50-408. Fines for moving traffic violations
in a highway work zone — Definitions.
(a) 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 Arkansas Department
36627-50-401 TRANSPORTATION
of Transportation, the counties or the municipalities
of this state, or any contractors of the State Highway
Commission or the counties or municipalities.
(b)(1)(A)(i) In addition to the fine otherwise pro-
vided 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 pres-
ent 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 viola-
tion in the highway work zone.
(ii) Equivalent additional court costs pursuant
to § 16-10-305 shall not be assessed.
(B) 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.
(2)(A) All fines collected by the county or city
official, agency, or department designated pursu-
ant 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.
(B) All such amounts collected in circuit court
shall be remitted to the county treasurer.
(C) All amounts collected pursuant to subdivi-
sion (b)(2)(A) of this section in district court shall
be paid to the county or city treasurer pursuant to
§ 16-17-707.
(D) All amounts collected pursuant to subdivi-
sion (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.
(E) 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.
(c)(1) The additional fines and penalties shall not
be assessed unless signs, either permanent or tem-
porary, 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 ad-
vance of the highway work zone indicating the
maximum speed limit to be obeyed while traveling
through the highway work zone.
(4)(A) All signs authorized by this section shall
conform with the Manual on Uniform Traffic Con-
trol Devices.
(B) The counties and municipalities, prior to
utilizing any such signs, shall seek the advice of
the Arkansas Department of Transportation in
order that the signs shall be uniform throughout
the state.
(C) The Arkansas Department of Transporta-
tion is authorized to develop guidelines for the
counties and municipalities to achieve uniformity.
(d) Nothing contained in this section shall be
construed to abrogate any of the provisions of § 12-
8-106 regarding the powers of the Department of
Arkansas State Police.
(e) 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 inter-
section;
(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.
S
UBCHAPTER 5 — TRAFFIC CITATIONS
SECTION
.
27-50-501
. Uniform form to be used.
27-50-502
. Promulgation of form.
27-50-503
. Bulk purchasing authorized.
27-50-504
. [Repealed.]
27-50-505
. Information from owner regarding operation of motor
vehicle ticketed for violation — Definition.
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.
367 27-50-501PENALTIES AND ENFORCEMENT
27-50-502. Promulgation of form.
(a)(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.
(b) 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.
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 pur-
chasing 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 viola-
tion — Definition.
(a) As used in this section, unless the context
otherwise requires, “police authority” means any
municipal, county, or state police enforcement
agency.
(b) 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 regard-
ing the operation of the vehicle at the time it was
ticketed, within fourteen (14) days of receipt of
notice therefor.
(c) 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.
S
UBCHAPTER 6 — ARREST AND RELEASE
SECTION
.
27-50-601
. Procedure not exclusive.
27-50-602
. Cases in which person arrested must be taken imme-
diately before magistrate.
27-50-603
. Release upon promise to appear.
27-50-604
. [Repealed.]
27-50-605
. Appearance by counsel.
27-50-606
. Deposit of operator’s license in lieu of bond — Issuance
of receipt.
27-50-607
. Receipt to serve as license — Forfeiture of license.
27-50-608
. Application for duplicate license after deposit unlaw-
ful.
27-50-609
. Optional posting of bond or bond card — Exception.
27-50-610
. Issuance of bond card.
27-50-611
. Right of qualified surety company to become surety
with respect to guaranteed arrest bond certifi-
cates.
27-50-612
. Guaranteed arrest bond certificates as cash bail.
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.
27-50-602. Cases in which person arrested
must be taken immediately before magis-
trate.
Whenever any person is arrested for any violation
of this act punishable as a misdemeanor, the ar-
rested 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 immedi-
ate 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.
36827-50-502 TRANSPORTATION
History. Acts 1937, No. 300, § 154; Pope’s Dig., § 6814; A.S.A.
1947, § 75-1007; Acts 2011, No. 908, § 4.
27-50-603. Release upon promise to appear.
(a) When a person is arrested for any violation of
this act punishable as a misdemeanor and the per-
son is not immediately taken before a magistrate as
required, the arresting officer may issue an elec-
tronic 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.
(b) The time specified to appear must be at least
five (5) days after the arrest unless the person
arrested shall demand an earlier hearing.
(c) 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.
(d)(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.
(3)(A) 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.
(B) Thereupon, the officer shall forthwith re-
lease the person arrested from custody.
(e) 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.
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.
(a) 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 chauf-
feur’s license.
(b)(1) If the person is admitted to bail by deposit-
ing 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.
(c) 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.
27-50-607. Receipt to serve as license — For-
feiture of license.
(a) 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.
(b) If a defendant posts bail under the provisions
of §§ 27-50-606 — 27-50-608 and upon an appear-
ance to answer the charge or upon electing to plead
guilty, the defendant’s operator’s or chauffeur’s li-
cense shall be returned to him or her by the court
clerk, unless revoked or suspended by a court of
competent jurisdiction.
(c) 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 opera-
tor’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 Di-
rector 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.
369 27-50-607PENALTIES AND ENFORCEMENT
27-50-608. Application for duplicate license
after deposit unlawful.
(a) 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.
(b) Any person convicted thereof may be punish-
able 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.
(a) When any law enforcement officer in this state
arrests or issues a citation for any traffic law viola-
tion 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.
(b) The option to post a bond card shall not be
available to a person charged with driving while
intoxicated.
(c) As used in this section, the term “law enforce-
ment officer” shall mean any member of the Arkan-
sas 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.
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 §§ 23-77-101 — 23-77-
109, may issue a bond card to a person licensed as an
operator or chauffeur which shall constitute evi-
dence 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.
27-50-611. Right of qualified surety company
to become surety with respect to guaranteed
arrest bond certificates.
(a) 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 certifi-
cates issued in that year by an automobile club or
association by filing with the Insurance Commis-
sioner of this state an undertaking thus to become
surety.
(b) Such undertaking shall be in form to be pre-
scribed by the commissioner and shall state the
following:
(1) The name and address of the automobile club
or automobile association with respect to the guar-
anteed arrest bond certificates of which the surety
company undertakes to be surety;
(2) The unqualified obligation of the surety com-
pany 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 certifi-
cate with respect to which the surety company has
undertaken to be surety, fails to make the appear-
ance to guarantee which the guaranteed arrest bond
certificate was posted.
(c) 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 certifi-
cates as cash bail.
(a) 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.
(b) 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 provi-
sions with respect to bail bonds posted in criminal
cases, and that any guaranteed arrest bond certifi-
cate posted as a bail bond in any municipal court in
37027-50-608 TRANSPORTATION
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.
S
UBCHAPTER 7 — TRIAL AND JUDGMENT
SECTION
.
27-50-701
. Postponement of judgment.
27-50-702
. Request for entry or postponement of judgment.
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 probation-
ary 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.
(a) At the request of the defendant, parent of a
minor defendant, or counsel for the defense, judg-
ment shall be entered as quickly as feasible and not
more than ten (10) days following such request.
(b) At the request of the defendant, parent of a
minor defendant, or counsel for the defense, proba-
tion 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.
S
UBCHAPTER 8 — CONVICTIONS
SECTION
.
27-50-801
. [Repealed.]
27-50-802
. Certain speeding convictions not included in report —
Exception for chauffeurs.
27-50-803
. Notification when minor convicted.
27-50-804
. Records inadmissible in civil actions.
27-50-805
. Credibility as witness not affected.
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 chauf-
feurs.
(a) 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.).
(b) 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.
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 re-
quired by the provisions of § 27-16-702. If the con-
victed 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 ac-
tions.
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.
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 less than a felony
shall not affect or impair the credibility of the person
as a witness in any civil or criminal proceeding.
371 27-50-805PENALTIES AND ENFORCEMENT
History. Acts 1937, No. 300, § 159; Pope’s Dig., § 6819; Acts
1961, No. 216, § 2; A.S.A. 1947, § 75-1012.
S
UBCHAPTER 9 — CENTRAL DRIVER’S
RECORDS FILE
SECTION
.
27-50-901
. Establishment.
27-50-902
. Report from courts required.
27-50-903
. Responsibility to properly file conviction reports.
27-50-904
. Conviction for offense arising out of railroad accident.
27-50-905
. Procedure for driver’s right to contest entries.
27-50-906
. Furnishing of abstracts — Definition.
27-50-907
. Availability of recorded information.
27-50-908
. Forms of authorization.
27-50-909
. Fees for furnishing record.
27-50-910
. [Repealed.]
27-50-911
. Rules and regulations.
27-50-912
. Driver monitoring program — Reports — Definitions.
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 con-
viction 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.
(a) 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.
(b) 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 re-
ported to the office by requiring that all final dispo-
sitions 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 con-
viction reports.
(a) 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.
(b) 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 occur-
ring 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 con-
test entries.
(a)(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.
(b)(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.
(c)(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.
(d)(1) If the court finds the entry to be incorrect, it
shall order the office to amend the entry or delete the
entry entirely.
(2)(A) 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.
(B) The claim shall be filed in the manner
required by law.
37227-50-901 TRANSPORTATION
History. Acts 1977, No. 465, § 4; A.S.A. 1947, § 75-1057.3.
27-50-906. Furnishing of abstracts — Defini-
tion.
(a)(1) The Office of Driver Services may furnish
an abstract or driver confirmation record of any
driver’s record to:
(A) The driver on whom the record has been
compiled;
(B) Any person who has been authorized in
writing by the driver to obtain the driver’s record;
(C) Any court having jurisdiction over traffic
offenses;
(D) Any law enforcement officer, who shall use
the report only in the line of duty in enforcing the
traffic laws of this state;
(E) Employers of drivers, provided that the
driver has given his or her written consent for the
employer to obtain the driver’s record;
(F) Any insurer licensed to do business in Ar-
kansas or its agents, employees, or contractors in
connection with the driving record or driver con-
firmation record of an insured or applicant and all
licensed drivers in the household of the insured or
applicant; and
(G) A governmental department or agency upon
a showing of reasonable cause as to why the
driver’s record should be issued to the governmen-
tal department or agency in order for the govern-
mental department or agency to effectively carry
out its statutory duties.
(2)(A) 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 Divi-
sion of the Department of Finance and Adminis-
tration.
(B) 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 elec-
tronically.
(b) For purposes of this section, “driver confirma-
tion record” means information in the office concern-
ing the name, date of birth, and current address of
the licensed driver.
(c)(1)(A) The fee for an insured’s or applicant’s
driver confirmation record shall be ten cents (10¢)
per record.
(B) This fee shall be deposited into the fund as
a direct revenue to be used by the division.
(2) 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.
27-50-907. Availability of recorded informa-
tion.
(a) All information concerning a driver’s record
shall be made available to the driver or his or her
legal representative.
(b)(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 coordi-
nators 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 re-
quested and updated up to two (2) times during any
calendar year.
(c) 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 photo-
graph 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.
(a)(1) The authorization to obtain a driver’s re-
cord 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 un-
less such release is denied by the driver or his or her
legally appointed representative.
(b) 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 ap-
pointed 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.
373 27-50-908PENALTIES AND ENFORCEMENT
27-50-909. Fees for furnishing record.
(a)(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 subchap-
ter. 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 informa-
tion 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.
(b) 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. This 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.
27-50-911. Rules and regulations.
The Director of the Department of Finance and
Administration may promulgate rules and regula-
tions necessary to carry out the provisions of this
subchapter.
History. Acts 1977, No. 465, § 9; A.S.A. 1947, § 75-1057.8.
27-50-912. Driver monitoring program — Re-
ports — Definitions.
(a) 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:
(A) An insurance company licensed to do busi-
ness in this state; or
(B) The authorized agent of an insurance com-
pany licensed to do business in this state.
(b) The office shall establish a driver monitoring
program to monitor and report the driving records of
individuals at the request of an insurer.
(c) 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.
(d) 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 reunder-
writing purposes.
(e) 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.
(f)(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 Distri-
bution Law, § 27-70-201 et seq.
(3) The remaining revenues derived from subdi-
vision (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 moni-
toring report electronically.
(g) 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.
S
UBCHAPTER 10 — REPORTS OF ACCIDENTS
SECTION
.
27-50-1001
. Copies to be obtained.
27-50-1002
. Reports to be complete.
27-50-1003
. Method to determine recording of accident informa-
tion.
27-50-1004
. Reports by private citizens.
27-50-1005
. Involvement of unattended vehicle in accident.
27-50-1006
. Right of aggrieved driver.
27-50-1007
. Scheduling of hearings.
37427-50-909 TRANSPORTATION
27-50-1001. Copies to be obtained.
(a) The Office of Driver Services of the Depart-
ment of Finance and Administration shall obtain a
copy of every accident report filed with the Depart-
ment of Arkansas State Police as required under
Acts 1937, No. 300, as amended.
(b) The office shall reimburse the Department of
Arkansas State Police for the cost, if any, of prepar-
ing copies of the accident reports.
History. Acts 1979, No. 1037, § 1; A.S.A. 1947, § 75-1058.
27-50-1002. Reports to be complete.
(a) 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 analy-
sis of the report.
(b) Diagrams required on the report shall be
complete with adequate descriptive narrative to
determine what occurred in the accident.
(c) 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.
(a) 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 admin-
istrator of the office.
(b)(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 cita-
tion for a traffic law violation that resulted from the
investigation of the accident.
(2) Where a conviction does not occur, the analy-
sis shall conclude that certain persons were primar-
ily at fault in the accident.
(c) In the instance where a clear determination
cannot be made from the investigating police offi-
cer’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 Admin-
istration 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 ve-
hicle in accident.
(a) 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 ille-
gally parked or the accident was the direct result of
negligence on the part of the person who was respon-
sible for the unattended vehicle at the time the
accident occurred.
(b) 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.
(a) 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 Admin-
istration conduct a hearing for the purpose of con-
testing 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.
(b)(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 un-
less 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.
S
UBCHAPTER 11 — ABANDONED VEHICLES
SECTION
.
27-50-1101
. Nonconsensual towing of a vehicle, implement, or
piece of machinery — Definition.
27-50-1102
. [Repealed.]
375 27-50-1007PENALTIES AND ENFORCEMENT
SECTION.
27-50-1103
. Wheel clamps — Definition.
27-50-1101. Nonconsensual towing of a ve-
hicle, implement, or piece of machinery —
Definition.
(a)(1)(A) When a vehicle of a type subject to
registration under the laws of this state, an imple-
ment, 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 stor-
age firm licensed by and subject to the rules of the
Arkansas Towing and Recovery Board.
(B)(i) 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:
(a) 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 ve-
hicle; and
(3) The request for removal of a vehicle, imple-
ment, 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
(b) 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 opera-
tor 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.
(ii) An ordinance enacted under this subdivi-
sion (a)(1)(B) shall not conflict with this section.
(C) Prior to the removal of an abandoned ve-
hicle, implement, or piece of machinery or a ve-
hicle, 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 state-
ment that includes at a minimum the following:
(i) Identification of the property owner or
agent, including name, address, and telephone
number;
(ii) 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;
(iii) 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;
(iv) The make, model, and vehicle identification
number or serial number of the vehicle, imple-
ment, or piece of machinery to be removed;
(v) The location to which the vehicle, imple-
ment, or piece of machinery will be removed,
including the name, address, and telephone num-
ber of the towing and storage firm removing the
vehicle, implement, or piece of machinery; and
(vi) The signature of the property owner or
agent requesting removal of the vehicle, imple-
ment, or piece of machinery.
(D) 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.
(E) 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 investiga-
tor.
(F) 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:
(i) The vehicle, implement, or piece of machin-
ery is unclaimed by the owner within forty-five
(45) days; or
(ii) The debt is not paid within forty-five (45)
days from the time the repair work is complete.
(G) A towing and storage firm shall not remove
any abandoned vehicle, implement, or piece of
machinery or improperly parked vehicle, imple-
ment, or piece of machinery without the authori-
zation 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.
(H) A towing and storage firm removing a ve-
hicle, implement, or piece of machinery as pro-
vided by this section shall not pay any compensa-
tion related to the removal of the vehicle,
implement, or piece of machinery, whether as a
37627-50-1101 TRANSPORTATION
referral fee or otherwise, to the owner or agent
requesting the removal of the vehicle, implement,
or piece of machinery.
(2)(A) 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, imple-
ment, 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.
(B) 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 depart-
ment or sheriff’s office.
(C) 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:
(i) Make;
(ii) Model;
(iii) Vehicle identification number or serial
number;
(iv) Date, time, and location of the removal; and
(v) Name, address, and telephone number of
the person removing the vehicle, implement, or
piece of machinery.
(D)(i) Each police department or sheriff’s office
that receives notification of the removal of a
vehicle, implement, or piece of machinery as pro-
vided in this subsection shall within twenty-four
(24) hours of notification provide to the towing and
storage firm information supplied from the re-
cords 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.
(ii) If the information under subdivision
(a)(2)(D)(i) of this section is not available for an
implement or piece of machinery, the police de-
partment 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 ma-
chinery.
(E)(i) In the event that readily available re-
cords 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 docu-
ments or other evidence of ownership and lien-
holder information on or within the unattended or
abandoned vehicle, implement, or piece of machin-
ery.
(ii) 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, tempo-
rary permit, inspection sticker, decal, or other
evidence that indicates a possible state of regis-
tration and title or other information related to
the owner.
(3)(A) 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.
(B)(i) 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 imple-
ment or piece of machinery:
(a) Possession of the implement or piece of
machinery;
(b) Notice to owners and lienholders; and
(c) Procedures for sale.
(ii) The towing and storage company shall have
a first priority possessory lien on the implement or
piece of machinery and its contents for all reason-
able charges for towing, recovery, and storage
subject to the limits provided by ordinance if one
is in effect.
(iii) Except as provided under subdivision
(a)(3)(B)(iv) of this section, the lien against the
implement or piece of machinery shall be per-
fected 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 ve-
hicles.
(iv) 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.
(C)(i) 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 lim-
its the amount of towing and storage charges
assessed against the owner or operator of the
vehicle, implement, or piece of machinery, the
377 27-50-1101PENALTIES AND ENFORCEMENT
towing and storage company shall have a first
priority possessory lien limited to the amount
allowed under the ordinance.
(ii) The towing and storage company may as-
sess any remaining charges to the property owner
or other person controlling the property who re-
quested the vehicle, implement, or piece of ma-
chinery be removed from the property.
(b) A county or city attorney may refer a possible
violation of this section or an ordinance enacted
under this section to the Arkansas Towing and
Recovery Board for investigation.
(c)(1) It shall be unlawful for a person to:
(A) Direct the removal of or to remove a vehicle,
implement, or piece of machinery in violation of
this section; and
(B) Violate or aid or abet any violation of this
section.
(2)(A) A person who pleads guilty or nolo conten-
dere to or is found guilty of any violation of this
section is guilty of a Class B misdemeanor.
(B) 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 Arkansas Towing
and Recovery Board.
(3) 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.
27-50-1102. [Repealed.]
Publisher’s Notes. This section, concerning procedure to dis-
mantle 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.
(a) 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.
(b) 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.
S
UBCHAPTER 12 — REMOVAL OR
IMMOBILIZATION OF UNATTENDED OR
ABANDONED VEHICLES
SECTION
.
27-50-1201
. Applicability.
27-50-1202
. Definitions.
27-50-1203
. Arkansas Towing and Recovery Board — Creation.
SECTION.
27-50-1204
. Penalties.
27-50-1205
. Tagging.
27-50-1206
. Notice to storage firm — Definition.
27-50-1207
. Removal of vehicles.
27-50-1208
. Possessory lien and notice to owners and lienholders.
27-50-1209
. Foreclosure of liens.
27-50-1210
. Nonjudicial public sale.
27-50-1211
. Disposition of funds.
27-50-1212
. Criminal penalties.
27-50-1213
. Limitation on removing from the state.
27-50-1214
. Rules of order or procedure.
27-50-1215
. Summons, citation, and subpoena.
27-50-1216
. Moving a total-loss vehicle from a storage facility —
Definition.
27-50-1217
. Reporting of towing rates.
27-50-1218
. Consumer complaint resolution.
27-50-1219
. Suspension from law enforcement nonconsent rota-
tion list.
27-50-1220
. Authority to issue citations.
27-50-1221
. Owner preference complaint.
27-50-1201. Applicability.
(a) This subchapter applies to a person that ei-
ther:
(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.
(b) This subchapter does not apply to the follow-
ing 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 ve-
hicles that are:
(A) Registered in another state;
(B) Operating under authority from the admin-
istration; and
(C) 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.
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:
(A) As to which the owner has overtly mani-
fested some intention not to retake possession; or
(B) 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;
37827-50-1102 TRANSPORTATION
(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 recov-
ery of an unattended vehicle, abandoned vehicle, or
impounded or seized vehicle as defined in this sec-
tion 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 noncon-
sent towing, storage, or recovery to request some
responsible and reasonable person, gratuitous
bailee, bailee for hire, or properly licensed or permit-
ted 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 offi-
cer 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:
(A) An unattended vehicle or abandoned ve-
hicle under this subchapter;
(B) 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;
(C) A vehicle in which the operator was appre-
hended by law enforcement officers; or
(D) An impounded or seized vehicle;
(10) “Tow vehicle” means a motor vehicle or re-
lated 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;
(11) “Unattended vehicle” means a vehicle that:
(A) Is left on public property without the con-
sent of an authority in charge of the property or on
or near a public way without some person, gratu-
itous bailee, or bailee for hire in possession of the
vehicle and that:
(i) Is located within a distance of three feet (3')
of the traveled surface of the public way;
(ii) 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
(iii) Is not located on or near a public way but is
left for a period of forty-eight (48) hours or more;
(B) Does not remain in the custody of a respon-
sible person following an accident where the op-
erator has been removed to a hospital or is other-
wise unable to make personal arrangements for
the vehicle’s care;
(C) Was operated to a place of apprehension by
law enforcement under police power and the op-
erator was removed from the vehicle and taken
into police custody;
(D) Is located upon a public right of way and
due to geographic location, traffic density, or cli-
matic conditions is creating an immediate and
substantial hazard to the motoring public, as
determined by a law enforcement officer; or
(E) 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:
(i) Geographic location;
(ii) Traffic density; or
(iii) Climatic conditions;
(12) “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;
(13) “Vehicle immobilization service” means a
person operating or directing others to operate a
wheel clamp; and
(14) “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.
27-50-1203. Arkansas Towing and Recovery
Board — Creation.
(a)(1) There is hereby created the Arkansas Tow-
ing and Recovery Board consisting of nine (9) mem-
bers appointed by the Governor and confirmed by
the Senate, who shall serve terms of three (3) years.
(2)(A) Four (4) members shall be appointed from
the towing industry and shall be:
(i) Licensed by the board to engage in noncon-
sent towing; and
(ii) Appointed from the state at large.
(B) Two (2) members who are permitted to
engage in the consent-only business shall be ap-
pointed from the state at large.
(C) Two (2) members who are not associated
with the towing industry shall be appointed from
the state at large.
(D) One (1) member shall be appointed from the
insurance industry.
(b)(1) The appointed board members shall be resi-
dents of the State of Arkansas at the time of appoint-
ment and throughout their terms.
379 27-50-1203PENALTIES AND ENFORCEMENT
(2)(A) A member appointed under subdivision
(a)(2)(A) of this section shall remain engaged in
the business of nonconsent towing.
(B) A member appointed under subdivision
(a)(2)(B) of this section shall remain in the busi-
ness of consent-only towing.
(C) A member appointed under subdivision
(a)(2)(D) of this section shall remain actively en-
gaged in the insurance industry.
(D) 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 sub-
division (b)(2)(C) of this section shall:
(i) Provide notification of his or her change of
status to the Governor and the Director of the
Arkansas Towing and Recovery Board; and
(ii) 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.
(c)(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.
(d)(1) The board shall meet at such times and
places that the chair deems necessary, but no meet-
ing 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.
(e)(1) The board shall promulgate rules and regu-
lations to carry out the intent of this subchapter and
shall regulate the towing industry and vehicle im-
mobilization service industry, including:
(A) Establishing reasonable licensing, insur-
ance, and equipment requirements for any person
engaging in towing and related services for safety
purposes or vehicle immobilization services under
this subchapter;
(B) Establishing reasonable tow truck safety
requirements for any tow vehicle as defined in this
subchapter;
(C) Establishing a procedure to accept and in-
vestigate 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;
(D) Determining and sanctioning excessive or
unnecessary fees charged to consumers related to
nonconsent towing, recovery, storage, or vehicle
immobilization services;
(E) Requiring all entities permitted, licensed,
or regulated under this subchapter to provide to
the board all documents in response to informa-
tion requests by the board pursuant to the inves-
tigation of consumer complaints or board com-
plaints against the permittee or licensee;
(F) 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;
(G) 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;
(H) 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 reclaim-
ing the motor vehicle from storage;
(I)(i) 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.
(ii) 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 (169 x
209) in size.
(iii) 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
(J)(i) 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 li-
censed and regulated under this subsection.
(ii) The place of business shall utilize:
(a) A location easily accessible by the public;
(b) An appropriate and secure filing system for
business records; and
(c) 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 regula-
tion, or building code; and
(2) Displays the name, physical address, a pub-
lished telephone number of the towing company,
and hours of operation.
(2) The promulgation and adoption of rules and
regulations 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
or regulations, any proposed change to add to,
amend, repeal, or change any of the rules or regula-
tions shall not have effect until reviewed and ap-
proved by the Administrative Rules and Regulations
Subcommittee of the Legislative Council subsequent
to the time that the General Assembly next meets in
regular session unless a finding exists that immi-
nent peril to the public health, safety, or welfare
38027-50-1203 TRANSPORTATION
requires immediate adoption, amendment, or repeal
of the rules or regulations.
(f)(1)(A) The board may charge:
(i) Towing business license and vehicle immobi-
lization service license fees not to exceed two
hundred dollars ($200) per license; and
(ii) A fee not to exceed one hundred dollars
($100) per tow vehicle safety permit.
(B) A person licensed by the board to perform
towing services is authorized to perform vehicle
immobilization services without obtaining a sepa-
rate vehicle immobilization service license.
(2) 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.
(g)(1) The board shall have the authority to em-
ploy and discharge any personnel as may be neces-
sary to administer and enforce the provisions of this
subchapter and the rules and regulations promul-
gated hereunder.
(2) The board shall employ investigators to inves-
tigate 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.
(h) 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.
(i) Each member of the board may receive ex-
pense reimbursement and stipends in accordance
with § 25-16-901 et seq.
(j) 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.
(k) The board shall issue a towing business li-
cense 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 op-
eration of the tow vehicle in this state is in compli-
ance 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;
Acts 2017, No. 953, §§ 3-5.
27-50-1204. Penalties.
(a)(1) The following shall be liable for all reason-
able costs of towing, recovery, storage, and other
incidental costs related to a removal of a vehicle
under this subchapter:
(A) The owner of the vehicle;
(B) The person who left the unattended vehicle
or abandoned vehicle before removal; and
(C) 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.
(b) 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.
(c) 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.
(d) Any person, excluding a law enforcement offi-
cer, who is determined by the board after reasonable
notice and opportunity for a fair and impartial
hearing held in accordance with the Arkansas Ad-
ministrative Procedure Act, § 25-15-201 et seq., to
have committed an act that is in violation of this
subchapter or any rules and regulations promul-
gated under this subchapter is subject to civil pen-
alties 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.
(e) Nothing in this section shall be construed to
limit the right to seek judicial review of any deter-
mination of the board pursuant to the provisions of
the Arkansas Administrative Procedure Act, § 25-
15-201 et seq.
(f)(1) A penalty assessed by the board shall be
paid no later than fifteen (15) days after the conclu-
sion 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.
(3)(A) 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 Ve-
hicle of the failure to pay.
(B) The notice of the failure to pay a fine
ordered by the board shall contain the following
information:
(i) The name of the entity or individual that is
subject to the fine;
(ii) The vehicle identification number or other
identifying information for the vehicle owned by
the entity or individual that is the subject of the
fine;
(iii) The date the board imposed the fine;
(iv) The amount of the fine;
381 27-50-1204PENALTIES AND ENFORCEMENT
(v) The date the fine or installment payment
became delinquent; and
(vi) The amount of the fine or installment pay-
ments that remain delinquent.
(C) 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 li-
cense plate issued under § 27-14-601(a)(3)(J)(i)
and the vehicle’s registration.
(D) 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.
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)(A) Order immediate removal of the vehicle if
it:
(i) Is located within three feet (3') of the trav-
eled surface of a public way; or
(ii) Appears to create an immediate and sub-
stantial hazard to the public; and
(B) Log the removal order accordingly; or
(2)(A) 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.
(B) The tag or sticker used under this subdivi-
sion (2) shall show:
(i) The date and time of tagging;
(ii) That the vehicle will be removed under this
subchapter unless the vehicle is removed within
twenty-four (24) hours;
(iii) The location and telephone number where
more information may be obtained; and
(iv) 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.
27-50-1206. Notice to storage firm — Defini-
tion.
(a)(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 noncon-
sent 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.
(3)(A) 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 explana-
tion for the issuance of the hold.
(B) 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.
(b)(1) In the event that readily available records
fail to disclose the name of the owner or any lien-
holder 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 evi-
dence 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, aban-
doned vehicle, or impounded or seized vehicle dis-
closed 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.
(c)(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.
(d) When a vehicle is removed under this sub-
chapter by law enforcement and is subject to im-
poundment or seizure pursuant to police power or
any lawful court order, the law enforcement officer
shall provide to the towing and storage firm a
38227-50-1205 TRANSPORTATION
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.
27-50-1207. Removal of vehicles.
(a)(1) A law enforcement agency that directs the
removal of an unattended vehicle, abandoned ve-
hicle, or impounded or seized vehicle shall adopt a
written vehicle removal policy, the provisions of
which shall not be in conflict with this subchapter.
(2)(A) Any vehicle removal policy shall provide
that owner preference as defined by this subchap-
ter shall be offered to the owner, to his or her
agent, or to any competent occupant of any dis-
abled or inoperative vehicle except in those in-
stances of exigent circumstances or where the
immediate clearing of a public thoroughfare man-
dates an expedited towing service.
(B) In those instances where exigent circum-
stances or where the immediate clearing of a
public thoroughfare mandates an expedited tow-
ing 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.
(C)(i) If a law enforcement officer fails to pro-
vide an owner of a vehicle with an owner prefer-
ence as required under this section, then the
owner may file a complaint with the law enforce-
ment agency that employs the law enforcement
officer or the Arkansas Towing and Recovery
Board, or both.
(ii) Nothing in this subsection precludes a per-
son who has been denied the right of owner
preference from seeking any other legal or equi-
table remedy.
(3) Nothing in this section shall be construed to
authorize the towing of a vehicle in violation of other
provisions of this subchapter.
(b) All law enforcement officers shall comply with
the policies prescribed by their agencies as to the
removal of an unattended vehicle, abandoned ve-
hicle, or impounded or seized vehicle as defined by
this subchapter.
(c) 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 inopera-
tive 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.
(d) 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.
(e)(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 ve-
hicle, abandoned vehicle, disabled vehicle, or inop-
erative vehicle was wrongfully removed or withheld
from the owner through the following procedures:
(A) 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;
(B) 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
(C) In all other cases, including when the
county or city has failed to establish an adminis-
trative 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 or-
dering 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 origi-
nated 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.
(f)(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 politi-
cal 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.
(2)(A) Upon the posting of the bond and the
payment of the applicable fees, the administrative
decision maker, commission, or court, as the case
383 27-50-1207PENALTIES AND ENFORCEMENT
may be, shall issue an order notifying the towing
company and the respondent agency of the posting
of the bond.
(B) Upon service of receipt of the order, the
towing company shall release the stored property.
(3) At the time of release, after reasonable inspec-
tion, 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 aban-
doned property or the contents thereof.
(g) Upon determining the respective rights of the
parties, the final order of the administrative deci-
sion 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 aban-
doned property or by the respective law enforcement
agency.
(h) 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 reason-
able recovery, towing, and storage fees.
(i) Nothing in this section shall be construed to
waive the sovereign immunity of the State of Arkan-
sas nor any immunity granted to its political subdi-
visions.
(j) 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.
27-50-1208. Possessory lien and notice to
owners and lienholders.
(a)(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, recov-
ery, and storage for which the owner is liable.
(2)(A) A possessory lien under this section at-
taches 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 includ-
ing, but not limited to, other vehicles or boats.
(B) A lien under this section shall not extend to
the following items, without limitation:
(i) Personal or legal documents;
(ii) Medications;
(iii) Child-restraint seating;
(iv) Wallets or purses and the contents of such;
(v) Prescription eyeglasses;
(vi) Prosthetics;
(vii) Cell phones;
(viii) Photographs; and
(ix) Books.
(C) 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.
(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 regis-
tered owner or owners and lienholders as provided
from the records of the:
(A) Office of Motor Vehicle;
(B) Arkansas Crime Information Center; or
(C) 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 re-
corded lien, if any, on the vehicle.
(c)(1) The notice shall be mandatory and by cer-
tified 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.
(d)(1) If within forty-eight (48) hours the owner-
ship and lienholder information has not been re-
ceived 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 own-
ers and lienholder or lienholders as provided from
the records of the:
(A) Office of Motor Vehicle;
(B) Arkansas Crime Information Center; or
(C) 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 re-
corded lien, if any, on the vehicle.
(2)(A) 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 no-
tice under this section.
(B) The notice by publication may contain mul-
tiple 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.
(e)(1) The notice shall contain the following infor-
mation:
38427-50-1208 TRANSPORTATION
(A) The year, make, model, and vehicle identi-
fication number of the vehicle towed;
(B) The name, address, and telephone number
of the storage facility;
(C) That the vehicle is in the possession of that
towing and storage firm under police order, de-
scribing the general circumstances of any law
enforcement or other official hold on the vehicle;
(D) That towing, storage, and administrative
costs are accruing as a legal liability of the owner;
(E) That the towing and storage firm claims a
first priority possessory lien on the vehicle and its
contents for all such charges;
(F) That unless claimed within forty-five (45)
days, the vehicle and its contents will be dis-
mantled, destroyed, or sold at public sale to the
highest bidder;
(G) 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;
(H) 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 arrange-
ment between the owner or lienholder and the
towing and storage firm;
(I) 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
(J) 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.
(f) Nothing in this section is to preclude the
owner, lienholder, or agent from making alternative
arrangements within the two-day to eight-day pe-
riod with the towing and storage firm, waiving his or
her rights to the notice requirement.
(g) When any vehicle reclaimed from the towing
and storage firm by a lienholder contains contents
not subject to the lienholder’s interest, the lien-
holder 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.
(h)(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 ve-
hicles 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 im-
pounded or seized vehicle as provided by this sub-
chapter shall be controlled exclusively by the provi-
sions 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.
27-50-1209. Foreclosure of liens.
(a)(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 lien-
holders constitutes a waiver by the owner or lien-
holder 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.
(3)(A) The owner or lienholder may challenge any
law enforcement official hold or other official hold
under the procedures in § 27-50-1207(e).
(B) 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.
(b)(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 pro-
vided 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.
(c) 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 pur-
poses if:
385 27-50-1209PENALTIES AND ENFORCEMENT
(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 ordi-
nance that:
(A) Declares the municipality’s or the county’s
policy regarding the deferral for law enforcement
purposes;
(B) Charges a specific municipal or county offi-
cial with the responsibilities of:
(i) Identifying the vehicles to be used by the
municipality or county; and
(ii)(a) Declaring a future date to publicly sell
the vehicle pursuant to § 27-50-1210.
(b) 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
(C) Requires that the official ensure that the
public sale proceed on the sale date declared in the
ordinance.
(d)(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 mu-
nicipal police department, a county sheriff’s depart-
ment, or the Department of Arkansas State Police.
(3) When the verification provided by this subsec-
tion 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.
(e)(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 re-
quirement of notice of sale by publication under
subsection (f) of this section.
(f) 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.
27-50-1210. Nonjudicial public sale.
(a) After complying with the requirements of fore-
closure of liens provided by this subchapter, owner-
ship 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)(A) 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.
(B) 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
(2)(A) 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.
(B) 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.
(b) 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 owner-
ship 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.
(c)(1) Upon presentation of documentation to the
Office of Motor Vehicle to the effect that the sale
procedure provided in this subsection has been com-
plied 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 require-
ments 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 sub-
chapter to the registered owners and all lienholders
of record.
(3) The affidavit shall describe the vehicle by
make, year, model, and vehicle identification num-
ber.
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.
27-50-1211. Disposition of funds.
(a) All fees, fines, and charges collected by the
Arkansas Towing and Recovery Board under the
38627-50-1210 TRANSPORTATION
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.
(b) The secretary-treasurer shall execute a bond
in the amount determined by the State Risk Man-
ager pursuant to the blanket bond program as
authorized in § 21-2-601 et seq. [repealed].
(c) 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 sub-
chapter.
(d) The secretary-treasurer shall make semian-
nual 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.
27-50-1212. Criminal penalties.
(a) 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.
(b) The Department of Arkansas State Police, the
Arkansas Highway Police Division of the Arkansas
Department of Transportation, and county and mu-
nicipal authorities may enforce § 27-50-1101 et seq.
and § 27-50-1201 et seq.
(c) 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.
(d) 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 Admin-
istration 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.
(e) 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.
27-50-1213. Limitation on removing from the
state.
(a) 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 privi-
lege to a towing or wrecker service that is licensed in
Arkansas and operating in the other state.
(b) For the purpose of determining whether a
state permits Arkansas-licensed wreckers and Ar-
kansas-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.
(c)(1) This section applies only to the initial re-
moval 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.
(d) 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.
27-50-1214. Rules of order or procedure.
(a) The Arkansas Towing and Recovery Board
shall prescribe its rules of order or procedure in
hearings or other proceedings before it under this
subchapter.
(b) However, rules of order or procedure shall not
be in conflict or contrary to the provisions of this
subchapter or the Arkansas Administrative Proce-
dure Act, § 25-15-201 et seq.
History. Acts 2005, No. 1878, § 1.
27-50-1215. Summons, citation, and subpoena.
(a) It shall be the duty of the sheriffs and con-
stables 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.
387 27-50-1215PENALTIES AND ENFORCEMENT
(b)(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 re-
sponse to a summons, citation, or subpoena shall be
paid the same witness fee and mileage allowance as
witnesses in the circuit court.
(c)(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 relat-
ing 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:
(A) Issue an attachment for the person; and
(B) Compel the person to:
(i) Comply with the summons, citation, or sub-
poena;
(ii) Appear before the board or its designated
employee;
(iii) Produce the documents specified in any
subpoena duces tecum; and
(iv) Give his or her testimony upon such mat-
ters 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.
(a) 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.
(b)(1)(A) 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:
(i) The approval of the storage facility; and
(ii) A release document from the owner.
(B) Instead of a release document, the insur-
ance 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.
(2)(A) To authorize the moving of the vehicle, the
insurance company shall submit notice by regular
mail, hand-delivery, facsimile, or electronic trans-
mission to the storage facility on company letter-
head of the intent to move the vehicle.
(B) The notice shall include:
(i) A description of the vehicle, including its
identification number;
(ii) The identification of the agent who is to
move the vehicle;
(iii) The date the owner of the vehicle autho-
rized release of the vehicle to the insurance com-
pany; and
(iv) A statement that the insurance company
will indemnify and hold harmless the storage
facility for all liability and costs it incurs defend-
ing itself in any civil or criminal claim arising
from moving the vehicle without a release docu-
ment from the owner.
(C) The owner and any lienholder of the vehicle
shall receive a copy of the notice by regular mail.
(c) 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.
(d)(1) If an insurance company or its agent moves
a vehicle as provided under this section, the insur-
ance 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 pre-
vails against an insurance company for indemnifi-
cation under this subsection, in addition to any
damages suffered, the storage facility shall be
awarded attorney’s fees and costs incurred.
(e) 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.
(a) If a government entity implements a noncon-
sent 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.
(b)(1) It is an unclassified violation if a towing
and storage firm:
(A) Fails to file the list required under this
section; and
(B) 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.
38827-50-1216 TRANSPORTATION
(2)(A) The first offense under subdivision (b)(1) of
this section is punishable by a fine of one thousand
dollars ($1,000).
(B) The second offense or subsequent offenses
under subdivision (b)(1) of this section are punish-
able by a fine of two thousand dollars ($2,000).
History. Acts 2015, No. 387, § 1.
27-50-1218. Consumer complaint resolution.
(a)(1) When a consumer complaint against a tow-
ing company is filed with a law enforcement agency
that administers a nonconsent written vehicle re-
moval 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 in-
clude:
(A) The complainant’s name and contact infor-
mation;
(B) The towing company involved in the dis-
pute;
(C) 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
(D) The contact information for the on-scene
officer who initiated the nonconsent removal of the
vehicle related to the consumer complaint.
(b) 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.
(c)(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.
(2)(A) The complainant shall respond to a request
from the board for additional information relevant
to the consumer complaint within ten (10) busi-
ness days after receiving the request.
(B) Failure to respond may result in the imme-
diate dismissal of the complaint.
(C)(i) A complainant may file a written request
for an extension of time with the board.
(ii) 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.
(iii) If the extension is granted, the board shall
notify the towing company in writing of the exten-
sion.
(iv) The board may extend the period for the
resolution of a complaint when conditions warrant
this action.
(3)(A) 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.
(B) 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 in-
formation requested is received by the board.
(C)(i) The towing company may file a written
request for an extension of time with the board.
(ii) 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.
(iii) If the extension is granted, the board shall
notify the towing company in writing of the exten-
sion.
(iv) The board may extend the period for the
resolution of a complaint when conditions warrant
this action.
(d)(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 and regula-
tions 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 com-
plainant shall be determined by the board.
(4) Punitive damages shall not be paid to the
complainant.
(5) This section does not preclude the complain-
ant’s right to sue in a court of law as an alternative.
History. Acts 2015, No. 1117, § 1.
27-50-1219. Suspension from law enforcement
nonconsent rotation list.
(a)(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 impo-
sition of fines for violation of a recognized noncon-
sent rotation policy upon receiving a request from a
law enforcement agency.
(2) The board shall consider the following in mak-
ing the determination to remove or suspend a towing
company from the nonconsent rotation list:
(A) Whether the law enforcement agency’s non-
consent rotation policy is reasonable; and
(B) 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.
(4)(A) A towing company may be suspended from
the nonconsent rotation list for a first-time viola-
tion of the law enforcement agency’s policy for up
to fifteen (15) days.
(B)(i) A second offense may result in a suspen-
sion of up to thirty (30) days by the law enforce-
ment agency.
389 27-50-1219PENALTIES AND ENFORCEMENT
(ii) 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.
(C) 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.
(b)(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:
(A) The law enforcement agency has an exist-
ing nonconsent rotation policy or nonconsent tow-
ing service contract in place; and
(B) 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.
(c)(1) A towing company participating in a non-
consent rotation policy administered by law enforce-
ment 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 noncon-
sent rotation policy, a tow operator shall comply
with all of the statutes and rules administered by
the board.
(d) Following a suspension period of six (6)
months or longer a towing company must reapply for
a position on the nonconsent rotation list.
(e) Nothing in this act or rule adopted by the
board shall be construed to prohibit a law enforce-
ment agency, city, or county from:
(1) Enforcing any local nonconsent towing poli-
cies, 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.
27-50-1220. Authority to issue citations.
(a)(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 of-
fenses:
(A) Operating a tow vehicle without a proper
permit or license;
(B) Operating a tow vehicle that has not been
permitted or licensed as a tow vehicle by the State
of Arkansas;
(C) Operating a tow vehicle that is out of com-
pliance with the safety and operating regulations
prescribed by the board;
(D) Not responding within a prescribed time-
frame to a request for information related to a
consumer complaint;
(E) Failure to properly post any required noti-
fications in a conspicuous place as required by the
board; or
(F) Failure to meet the basic criteria for an
adequate place of business.
(b)(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 in-
creased 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.
27-50-1221. Owner preference complaint.
A complaint concerning a violation of this sub-
chapter 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.
CHAPTER 51
OPERATION OF VEHICLES —
RULES OF THE ROAD
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. SPEED LIMITS.
3. DRIVING, OVERTAKING, AND PASSING.
4. TURNING, STOPPING, AND SIGNALING.
5. INTERSECTIONS.
6. STOPS AND YIELDING.
7. RAILROAD GRADE CROSSINGS.
8. STREETCARS.
9. EMERGENCY VEHICLES.
10. SCHOOL BUSES.
11. CHURCH BUSES.
12. PEDESTRIANS.
13. STOPPING, STANDING, OR PARKING.
14. MISCELLANEOUS RULES.
15. PAUL’S LAW: TO PROHIBIT DRIVERS FROM USING A WIRELESS COM-
MUNICATIONS DEVICE WHILE OPERATING A MOTOR VEHICLE.
16. FEWER DISTRACTIONS MEAN SAFER DRIVING ACT.
39027-50-1220 TRANSPORTATION
SUBCHAPTER.
17
. ELECTRIC BICYCLE ACT.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-51-101
. Definitions.
27-51-102
. Penalties generally — Disposition of fines.
27-51-103
. Right to recover damages unaffected.
27-51-104
. Careless and prohibited driving.
27-51-101. Definitions.
As used in this chapter, unless the context other-
wise requires:
(1) “Local authorities” means all officers of coun-
ties, cities, villages, incorporated towns, or town-
ships; 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 incorpo-
rated towns.
History. Acts 1911, No. 134, § 20, p. 94; C. & M. Dig., § 7436;
Pope’s Dig., § 6648; A.S.A. 1947, § 75-664.
27-51-102. Penalties generally — Disposition
of fines.
(a) 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.
(b)(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 Director 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 viola-
tion, 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.
(c) 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 exceed-
ing thirty (30) days, or both, at the discretion of the
court.
(d) All fines imposed for the violation of any of the
provisions of this act shall be collected and dis-
bursed 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.
27-51-103. Right to recover damages unaf-
fected.
(a) Nothing in this act shall be construed to
curtail or abridge the right of any person to pros-
ecute 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.
(b) 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 [re-
pealed], 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.
27-51-104. Careless and prohibited driving.
(a) 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.
(b) 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 viola-
tion 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 de-
vices, 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 adja-
cent to the public thoroughfares;
(5) Driving a vehicle which has any part thereof
or any object extended in such fashion as to endan-
ger 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
391 27-51-104VEHICLE OPERATION — RULES OF THE ROAD
(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.
(c) 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.
S
UBCHAPTER 2 — SPEED LIMITS
SECTION
.
27-51-201
. Limitations generally.
27-51-202
. Restrictions not applicable to emergency vehicles —
Definition.
27-51-203
. [Repealed.]
27-51-204
. Maximum speed limits — Exceptions.
27-51-205
. Right of local authorities to enforce limits.
27-51-206
. Local authorities may alter prima facie speed limits.
27-51-207
. Assistance to local authorities in determining limits.
27-51-208
. Minimum speed regulation.
27-51-209
. Driving over bridges or other elevated structures.
27-51-210
. Towing of manufactured homes and mobile homes.
27-51-211
. Use of nonpneumatic tires.
27-51-212
. Speed limit near schools — Exceptions.
27-51-213
. Erection and maintenance of required signs in school
zones.
27-51-214
. Penalties for speeding in school zone.
27-51-215
. [Repealed.]
27-51-216
. Speed limits and traffic-control devices on county roads
— Penalty.
27-51-217
. Additional fine for moving violations committed in
presence of minor.
27-51-201. Limitations generally.
(a)(1) No person shall drive a vehicle on a high-
way 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.
(b)(1) Upon an engineering and traffic investiga-
tion, 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 con-
trolled-access highways shall be effective when ap-
propriate signs giving notice are erected along the
highway by the Arkansas Department of Transpor-
tation.
(c) 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 loca-
tions;
(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.).
(d) Consistent with the requirements of subsec-
tion (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 pedestri-
ans or other traffic or by reason of weather or
highway conditions.
(e) 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.
(f) 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 re-
veal a person or vehicle at a distance of three
hundred feet (300') ahead.
(g) 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.
27-51-202. Restrictions not applicable to
emergency vehicles — Definition.
(a)(1) The prima facie speed limitations under
this subchapter do not apply to authorized emer-
gency 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 oper-
ate a siren or flashing lights when operating the
emergency vehicle as authorized under § 27-51-906.
(b) 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 reck-
less disregard of the safety of others.
(c) For purposes of this section, “emergency calls”
means legitimate emergency situations which call
for the operation of an emergency vehicle.
39227-51-201 TRANSPORTATION
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.
27-51-203. [Repealed.]
Publisher’s Notes. This section, concerning authority to estab-
lish 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 — Excep-
tions.
(a) 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/over-
weight 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.
(b) 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.
27-51-205. Right of local authorities to en-
force limits.
(a) 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 juris-
dictions, petition the State Highway Commission in
a hearing to present argument on such potential
action.
(b) 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.
(a) Whenever local authorities within their re-
spective 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 intersec-
tion, 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.
(b) Local authorities in their respective jurisdic-
tions may, in their discretion, authorize by ordi-
nance higher prima facie speeds than those stated in
§ 27-51-201 upon through highways or upon high-
ways or portions thereof where there are no inter-
sections 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.
27-51-207. Assistance to local authorities in
determining limits.
Local authorities may request professional assis-
tance 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.
27-51-208. Minimum speed regulation.
(a) No person shall drive a motor vehicle at such
a slow speed as to impede the normal and reason-
able movement of traffic except when reduced speed
is necessary for safe operation or in compliance with
the law.
(b) Whenever the State Highway Commission or
local authorities, within their respective jurisdic-
tions, 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 op-
eration 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.
27-51-209. Driving over bridges or other el-
evated structures.
(a) 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 maxi-
mum speed which can be maintained with safety to
the bridge or structure when the structure is sign-
posted as provided in this section.
393 27-51-209VEHICLE OPERATION — RULES OF THE ROAD
(b) 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.
(c) 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 main-
tained 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.
27-51-210. Towing of manufactured homes
and mobile homes.
(a) 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.).
(b) 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.
(c) The Arkansas Department of Transportation
may set minimum and maximum speed limits dif-
ferent 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 manu-
factured 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.
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.
27-51-212. Speed limit near schools — Excep-
tions.
(a) 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.
(b) 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 re-
quired signs in school zones.
(a)(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.
(b)(1)(A) It shall be the duty of the Arkansas
Department of Transportation, county road de-
partment, 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.
(B) The maximum speed limit shall not be
increased above the limitation provided in subsec-
tion (a) of this section.
(2) Signs shall be maintained and replaced using
the same criteria that is used to maintain and
replace “STOP” signs and other warning signs.
(3) 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.
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;
(2)(A) 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.
(B) In addition, the Office of Driver Services of
the Department of Finance and Administration
39427-51-210 TRANSPORTATION
shall suspend the driving privilege of the person
for a period of six (6) months upon receipt of notice
of a final conviction; and
(3)(A) 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 impris-
onment.
(B) 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 de-
vices on county roads — Penalty.
(a) 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.
(b)(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.
(c)(1) A person who pleads guilty or nolo conten-
dere 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.
(d) 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 viola-
tions committed in presence of minor.
(a) 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.
(b) A fine assessed and collected under this sec-
tion 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.
S
UBCHAPTER 3 — DRIVING, OVERTAKING, AND
PASSING
SECTION
.
27-51-301
. Vehicles to be driven on right side of roadway —
Exceptions.
27-51-302
. Driving on roadways laned for traffic.
27-51-303
. Passing a vehicle proceeding in opposite direction.
27-51-304
. One-way roadways and rotary traffic islands.
27-51-305
. Following too closely — Definition.
27-51-306
. Overtaking of vehicle on left.
27-51-307
. Restrictions on passing overtaken vehicle on left.
27-51-308
. Conditions when overtaking on right.
27-51-309
. Center left-turn lane.
27-51-310
. Passing authorized vehicle stopped on highway —
Definition.
27-51-311
. Overtaking a bicycle.
27-51-301. Vehicles to be driven on right side
of roadway — Exceptions.
(a) 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 road-
way on the left.
(b) Motor vehicles shall not be operated continu-
ously in the left lane of a multilane roadway when-
ever it impedes the flow of other traffic.
(c)(1) The Arkansas Department of Transporta-
tion may designate certain multilane highways or
portions of multilane highways as prohibiting con-
tinuous 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
395 27-51-301VEHICLE OPERATION — RULES OF THE ROAD
this section and designated by the department, the
department shall erect periodic signs along the
multilane highway or portion of the multilane high-
way 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.
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 direc-
tion, 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.
27-51-303. Passing a vehicle proceeding in
opposite direction.
Drivers of vehicles proceeding in opposite direc-
tions shall pass each other to the right. Upon road-
ways 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.
27-51-304. One-way roadways and rotary traf-
fic islands.
(a) Upon a roadway designated and signposted
for one-way traffic, a vehicle shall be driven only in
the direction designated.
(b) A vehicle passing around a rotary traffic is-
land 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.
(a) 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.
(b)(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.
(c) 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.
(d) As used in this chapter, “driver-assistive truck
platooning system” means technology that inte-
grates sensor array, wireless communication, ve-
hicle controls, and specialized software to synchro-
nize 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.
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.
27-51-307. Restrictions on passing overtaken
vehicle on left.
(a)(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.
(b) 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:
39627-51-302 TRANSPORTATION
(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 approach-
ing 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.
27-51-308. Conditions when overtaking on
right.
(a) 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 suffi-
cient 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 obstruc-
tions and of sufficient width for two (2) or more lines
of moving vehicles.
(b)(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.
27-51-309. Center left-turn lane.
(a) 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.
(b)(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.
(c) 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 maneu-
ver 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.
(a) 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:
(A) An emergency response vehicle;
(B) A law enforcement vehicle;
(C) An Arkansas Department of Transportation
vehicle;
(D) An Arkansas Department of Transportation
contractor vehicle;
(E) A utility company vehicle; or
(F) A vehicle used in a towing operation as
defined under § 27-51-904.
(b)(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:
(A) Move to the farthest possible lane or posi-
tion from the authorized vehicle;
(B) Remain in that lane or position until the
driver passes the authorized vehicle; and
(C) Otherwise exercise due caution.
(2) If the driver determines that it is unsafe or not
possible to change lanes as required under subdivi-
sion (b)(1) of this section, the driver shall:
(A) Reduce the motor vehicle’s speed;
(B) Exercise due caution; and
(C) 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.
(c)(1) A person who pleads guilty or nolo conten-
dere to or is found guilty of violating this section
shall be guilty of a misdemeanor and shall be fined
not less than thirty-five dollars ($35.00) nor more
than five hundred dollars ($500), confined in the
county jail not to exceed ninety (90) days, or both
fined and imprisoned.
(2) In addition to the penalties prescribed in sub-
division (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.
(d) 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
397 27-51-310VEHICLE OPERATION — RULES OF THE ROAD
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.
27-51-311. Overtaking a bicycle.
(a) The driver of a motor vehicle overtaking a
bicycle proceeding in the same direction on a road-
way 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.
(b)(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.
S
UBCHAPTER 4 — TURNING, STOPPING, AND
SIGNALING
SECTION
.
27-51-401
. Turning at intersections.
27-51-402
. Turning on curve or crest of grade prohibited.
27-51-403
. Signals for turning, stopping, changing lanes, or de-
creasing speed required.
27-51-404
. Signals to stop or turn.
27-51-405
. Hand and arm signals.
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 inter-
section, 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
(3)(A) 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.
(B) 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.
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 ap-
proach 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 re-
quired.
(a) No person shall turn a vehicle from a direct
course upon a highway unless and until the move-
ment 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.
(b) 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.
(c) 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.
27-51-404. Signals to stop or turn.
(a) 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 other-
wise provided in subsection (b) of this section.
(b) 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 (249) 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 combina-
tion of vehicles.
History. Acts 1937, No. 300, § 68; Pope’s Dig., § 6726; Acts
1957, No. 216, § 1; A.S.A. 1947, § 75-619.
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
39827-51-311 TRANSPORTATION
the vehicle in the following manner and these sig-
nals shall be indicated as follows:
(1) Left turn — Hand and arm extended horizon-
tally;
(2) Right turn — Hand and arm extended up-
ward; 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.
S
UBCHAPTER 5 — INTERSECTIONS
SECTION
.
27-51-501
. Vehicles approaching or entering intersection.
27-51-502
. Vehicle turning left at intersection.
27-51-503
. Vehicle or streetcar entering stop or yield intersection.
27-51-501. Vehicles approaching or entering
intersection.
(a) The driver of a vehicle approaching an inter-
section shall yield the right-of-way to a vehicle
which has entered the intersection from a different
highway.
(b) 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.
(c) The foregoing rules are modified at through
highways and otherwise as stated in this subchap-
ter.
History. Acts 1937, No. 300, § 70; Pope’s Dig., § 6728; A.S.A.
1947, § 75-621.
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 approach-
ing 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.
27-51-503. Vehicle or streetcar entering stop
or yield intersection.
(a) Preferential right-of-way at an intersection
may be indicated by stop signs or yield signs as
authorized by law.
(b) Except when directed to proceed by a police
officer or traffic control signal, every driver of a
vehicle and every operator of a streetcar approach-
ing 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 driv-
ers of all other vehicles approaching the intersection
shall yield the right-of-way to the vehicle so proceed-
ing.
(c)(1) The driver of a vehicle or the operator of a
streetcar approaching a yield sign shall, in obedi-
ence 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 inter-
section after driving past a yield sign without stop-
ping, 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.
S
UBCHAPTER 6 — STOPS AND YIELDING
SECTION
.
27-51-601
. Stop signs and yield signs.
27-51-602
. Stop before driving across sidewalk.
27-51-603
. Yield on entering highway from private road.
27-51-604
. Additional penalties.
27-51-601. Stop signs and yield signs.
(a) Preferential right-of-way at an intersection
may be indicated by stop signs or yield signs as
authorized by law.
(b) 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.
(c)(1) Every stop sign shall bear the word “STOP”
in letters not less than eight inches (89) in height.
(2) Every yield sign shall bear the word “YIELD”
in letters not less than seven inches (79) in height.
(3) Every stop sign and every yield sign shall at
nighttime be rendered luminous by internal illumi-
nation or by a floodlight projected on the face of the
sign or by efficient reflecting elements in the face of
the sign.
(d) Except when directed to proceed by a police
officer or traffic control signal, every driver of a
vehicle and every operator of a streetcar approach-
399 27-51-601VEHICLE OPERATION — RULES OF THE ROAD
ing 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 cross-
walk, 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.
(e) 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.
27-51-602. Stop before driving across side-
walk.
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 drive-
way.
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.
27-51-604. Additional penalties.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
S
UBCHAPTER 7 — RAILROAD GRADE
CROSSINGS
SECTION
.
27-51-701
. Penalty generally.
27-51-702
. Obedience to signals at crossings required.
27-51-703
. Certain vehicles to stop at all crossings — Exceptions.
27-51-704
. Trucks carrying explosives or flammable liquids.
27-51-705
. Moving heavy equipment at crossings.
27-51-706
. Designation of particularly dangerous crossings.
27-51-701. Penalty generally.
Any person who violates any of the provisions of
this subchapter shall be deemed guilty of a misde-
meanor 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.
(a) Whenever any person driving a vehicle ap-
proaches 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 approxi-
mately 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 vis-
ible and is in hazardous proximity to the crossing.
(b) No person shall drive any vehicle through,
around, or under any crossing gate or barrier at a
40027-51-602 TRANSPORTATION
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.
27-51-703. Certain vehicles to stop at all
crossings — Exceptions.
(a) The driver of any motor vehicle carrying pas-
sengers 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 approach-
ing 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 tra-
versing the crossing and the driver shall not shift
gears while crossing the tracks.
(b) No stop need be made at any such crossing
where a police officer or a traffic control signal
directs traffic to proceed.
(c) 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.
27-51-704. Trucks carrying explosives or
flammable liquids.
(a) The operator of any truck carrying any explo-
sive 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 (129) 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.
(b)(1) Any operator of a truck who fails to comply
with the provisions of this section shall be guilty of a
misdemeanor.
(2)(A)(i) Upon a first conviction, the operator
shall be fined not less than one hundred dollars
($100) nor more than three hundred dollars
($300).
(ii) In addition, the chauffeur’s license of the
operator shall be suspended for a period of thirty
(30) days.
(B)(i) For a second offense, the operator shall be
fined not less than one hundred dollars ($100) nor
more than three hundred dollars ($300).
(ii) In addition, that person’s chauffeur’s li-
cense 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 cross-
ings.
(a) 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 (½9) per foot of the distance between any two (2)
adjacent axles or, in any event, of less than nine
inches (99), measured above the level surface of a
roadway, upon or across any tracks at a railroad
grade crossing without first complying with this
section.
(b) 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.
(c) Before making any crossing, the person oper-
ating 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.
(d)(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, move-
ment 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.
27-51-706. Designation of particularly danger-
ous crossings.
(a) 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.
(b) 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
401 27-51-706VEHICLE OPERATION — RULES OF THE ROAD
railroad and shall proceed only upon exercising due
care.
(c) Any person, owner, or driver of any automo-
bile, truck, motorcycle, or other motor-driven vehicle
violating the provisions of this section shall be
deemed guilty of a misdemeanor and upon convic-
tion shall be fined in any sum not less than five
dollars ($5.00) nor more than twenty-five dollars
($25.00).
(d) 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.
S
UBCHAPTER 8 — STREETCARS
SECTION
.
27-51-801
. Passing streetcar on left.
27-51-802
. Passing streetcar on right.
27-51-803
. Driving on streetcar tracks.
27-51-801. Passing streetcar on left.
(a) 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.
(b) 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 discharg-
ing any passenger, shall reduce speed and may
proceed only upon exercising due caution for pedes-
trians 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 pur-
pose 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.
(a) 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 street-
car.
(b) 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.
(c) 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 move-
ment.
History. Acts 1937, No. 300, § 82; Pope’s Dig., § 6740; A.S.A.
1947, § 75-635.
S
UBCHAPTER 9 — EMERGENCY VEHICLES
SECTION
.
27-51-901
. Operation of vehicles and streetcars on approach of
authorized emergency vehicles.
27-51-902
. Following fire apparatus.
27-51-903
. Crossing unprotected fire hose prohibited.
27-51-904
. Towing operations.
27-51-905
. Use of flashing emergency lights — Definition.
27-51-906
. Police vehicle exceptions.
27-51-901. Operation of vehicles and street-
cars on approach of authorized emergency
vehicles.
(a)(1) Upon the immediate approach of an autho-
rized 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 par-
allel 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).
(b) Upon the approach of an authorized emer-
gency vehicle, as stated in subsection (a) of this
section, the operator of every streetcar shall imme-
diately stop the car clear of any intersection and
keep it in that position until the authorized emer-
gency vehicle has passed, except when otherwise
directed by a police officer.
(c) 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.
40227-51-801 TRANSPORTATION
27-51-902. Following fire apparatus.
The driver of any vehicle other than one on official
business shall not follow any fire apparatus travel-
ing 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 com-
mand.
History. Acts 1937, No. 300, § 99; Pope’s Dig., § 6756; A.S.A.
1947, § 75-656.
27-51-904. Towing operations.
(a) 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.
(b) The driver of a motor vehicle that is approach-
ing 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.
(c) 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.
(a)(1) All of the following shall be equipped with
red rotating or flashing emergency lights:
(A) Motor vehicles used by state, county, city, or
municipal fire departments;
(B) Motor vehicles owned and used by volun-
teer firefighters while engaged in official duties;
(C) Motor vehicles used by emergency medical
services personnel licensed by the Department of
Health or privately owned fire departments; and
(D) Ambulances used solely for ambulance pur-
poses that are approved as ambulances in accor-
dance with state and federal highway safety stan-
dards.
(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 of
Health or an organized rescue squad or team.
(b)(1) As used in this section, “hazardous service
vehicle” means:
(A) 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
(B) 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 Ve-
hicle, in accordance with rules established by the
office to prevent abuses thereof, to be used for
hazardous service.
(2)(A) A hazardous service vehicle may be
equipped with amber flashing or rotating emer-
gency 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 hazard-
ous 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.
(B) 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.
(3) All hazardous service vehicles shall conform to
regular traffic signals and speed limits during their
operation.
(c)(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 mo-
torists 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 opera-
tion.
(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.
(3)(A) 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.
(B) 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 other-
wise.
403 27-51-905VEHICLE OPERATION — RULES OF THE ROAD
(d) It is unlawful to install, operate, or use any
rotating or flashing light on any motor vehicle ex-
cept 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.
27-51-906. Police vehicle exceptions.
(a) An authorized emergency vehicle operated as
a police vehicle is not required to operate the vehi-
cle’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 pas-
sengers of a vehicle who are suspected of involve-
ment in a crime.
(b) 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 reck-
less disregard of the safety of others.
History. Acts 2017, No. 793, § 4.
S
UBCHAPTER 10 — SCHOOL BUSES
SECTION
.
27-51-1001
. Penalty.
27-51-1002
. Specifications for identification and safety devices.
27-51-1003
. Loading points.
27-51-1004
. Passing when stopped prohibited.
27-51-1005
. Operation on multiple lane or divided highways.
27-51-1001. Penalty.
(a)(1)(A)(i) Any party who violates any of the
provisions of this subchapter shall upon convic-
tion 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 con-
fined in the county jail not to exceed ninety (90)
days or both fined and imprisoned.
(ii) 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.
(B) There is hereby created a rebuttable pre-
sumption 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.
(2) If death results to any person, caused either
directly or indirectly by noncompliance with or vio-
lation of any of the provisions of this subchapter, the
offending party shall be punished as is provided by
law.
(b) In a proceeding for a violation of this subchap-
ter, proof that the particular vehicle described in the
citation, complaint, or warrant was in violation of
this subchapter, together with proof that the defen-
dant 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.
(c) A photograph or video recorded by an auto-
mated 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 viola-
tion of an offense under this subchapter.
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.
27-51-1002. Specifications for identification
and safety devices.
(a)(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
(89) in height.
(2) When a school bus is being operated upon a
highway for purposes other than the actual trans-
portation of children either to or from school, all
markings thereon indicating “SCHOOL BUS” shall
be covered or concealed.
(b) Every school bus shall be in the color officially
designated by the State Board of Education.
(c)(1)(A) The board is vested with full authority
and responsibility to prescribe by regulation the
number and location and other specifications for
alternating red warning lights on school buses
operated in this state.
(B) Alternating red warning lights shall be op-
erating at all times when the buses are loading or
unloading school children but at no other time.
(2) 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 regulation of the board are
displayed on the vehicle in the manner required, and
40427-51-906 TRANSPORTATION
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.
27-51-1003. Loading points.
(a) 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.
(b) 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 high-
way, 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.
(a) 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.
(b) The operator of the motor vehicle or motor-
cycle 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.
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.
27-51-1005. Operation on multiple lane or di-
vided highways.
(a) 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.
(b) 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.
(c)(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.
S
UBCHAPTER 11 — CHURCH BUSES
SECTION
.
27-51-1101
. Definition.
27-51-1102
. Penalty.
27-51-1103
. Loading points.
27-51-1104
. Passing stopped church bus prohibited — Exception.
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 (89) in height;
(3) Is equipped with flasher lights to indicate that
the bus or van is receiving or discharging its passen-
gers; 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.
(a) Any person who violates any of the provisions
of this subchapter shall, upon conviction, be guilty of
a misdemeanor.
(b) 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.
(a) 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.
(b) 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 high-
way, 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.
405 27-51-1103VEHICLE OPERATION — RULES OF THE ROAD
27-51-1104. Passing stopped church bus pro-
hibited — Exception.
(a) 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 direc-
tion until the bus has finished receiving or discharg-
ing its passengers.
(b) If the bus is operated on multiple lane high-
ways 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.
S
UBCHAPTER 12 — PEDESTRIANS
SECTION
.
27-51-1201
. Privileges and restrictions generally.
27-51-1202
. Pedestrians’ right-of-way in crosswalks.
27-51-1203
. Use of crosswalks.
27-51-1204
. Pedestrians crossing at other than crosswalks.
27-51-1205
. Soliciting rides.
27-51-1201. Privileges and restrictions gener-
ally.
Pedestrians shall be subject to traffic control sig-
nals 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.
27-51-1202. Pedestrians’ right-of-way in cross-
walks.
(a) 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.
(b) 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.
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.
27-51-1204. Pedestrians crossing at other
than crosswalks.
(a) 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.
(b) 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.
(c) Between adjacent intersections at which traf-
fic control signals are in operation, pedestrians shall
not cross at any place except in a marked crosswalk.
(d) Notwithstanding the provisions of this sec-
tion, 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 pre-
caution 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.
27-51-1205. Soliciting rides.
No person shall stand in a roadway for the pur-
pose 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.
S
UBCHAPTER 13 — STOPPING, STANDING, OR
PARKING
SECTION
.
27-51-1301
. Restrictions on stopping, standing, or parking gener-
ally.
27-51-1302
. Stopping, standing, or parking prohibited in specified
places.
27-51-1303
. Stopping, standing, or parking outside of business or
residence district.
27-51-1304
. Authority to remove illegally stopped vehicles.
27-51-1305
. Removal of motor vehicles parked without authority
in parking lots.
27-51-1306
. Unattended motor vehicles.
27-51-1307
. Opening door on traffic side.
27-51-1308
. Starting of vehicles.
27-51-1309
. Backing of vehicles.
27-51-1301. Restrictions on stopping, stand-
ing, or parking generally.
(a) Except as otherwise provided in this section,
every vehicle stopped or parked upon a roadway
40627-51-1104 TRANSPORTATION
where there are adjacent curbs shall be stopped or
parked with the right-hand wheels of the vehicle
parallel to and within eighteen inches (189) of the
right-hand curb.
(b) Local authorities may, by ordinance, permit
parking of vehicles with the left-hand wheels adja-
cent to and within eighteen inches (189) of the
left-hand curb of a one-way roadway.
(c) 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 Commis-
sion 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.
(d)(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 min-
utes, stopping, standing, or parking is dangerous to
those using the highway or where the stopping,
standing, or parking of vehicles would unduly inter-
fere 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.
27-51-1302. Stopping, standing, or parking
prohibited in specified places.
(a) 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 en-
trance 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 desig-
nated parking areas, provided that stopping, stand-
ing, 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.
(b) 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.
27-51-1303. Stopping, standing, or parking
outside of business or residence district.
(a)(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:
(A) Employees or vehicles of the Arkansas De-
partment of Transportation engaged in necessary
construction, maintenance, or repair of the high-
ways;
(B) Authorized emergency vehicles on emer-
gency 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
(C) Public utility or service vehicles of any type,
including, but not limited to, mail delivery, over-
night 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 reason-
ably necessary to perform the required service.
(b) 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
407 27-51-1303VEHICLE OPERATION — RULES OF THE ROAD
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.
27-51-1304. Authority to remove illegally
stopped vehicles.
(a) Whenever any police officer finds a vehicle
standing upon a highway in violation of any of the
provisions of this subchapter, the officer is autho-
rized 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.
(b) 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.
(a) 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 en-
trance to the lot specifying those persons who may
park in the lot and prohibiting parking therein by all
others.
(b) 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 remov-
ing 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.
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.
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.
27-51-1309. Backing of vehicles.
(a) The driver of a vehicle shall not back a vehicle
upon any roadway unless the movement can be
made with reasonable safety and without interfer-
ing with other traffic.
(b) The driver of a vehicle shall not back a vehicle
on any access road, entrance ramp, exit ramp, shoul-
der, or road surface of any controlled-access high-
way.
History. Acts 2001, No. 313, § 1.
S
UBCHAPTER 14 — MISCELLANEOUS RULES
SECTION
.
27-51-1401
. Obstruction to driver’s view or driving mechanism
prohibited.
27-51-1402
. Driving through safety zone prohibited.
27-51-1403
. [Repealed.]
27-51-1404
. Coasting prohibited.
27-51-1405
. Throwing destructive or injurious materials on high-
way prohibited.
27-51-1406
. Warning by motorists to persons and animals on
highway.
27-51-1407
. Stopping for frightened horses.
27-51-1408
. Driver-assistive truck platooning systems.
27-51-1409
. Operation of motor vehicles on approach of funeral
procession.
27-51-1401. Obstruction to driver’s view or
driving mechanism prohibited.
(a) 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.
(b) No passenger in a vehicle or streetcar shall
ride in such position as to interfere with the driver’s
40827-51-1304 TRANSPORTATION
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.
27-51-1402. Driving through safety zone pro-
hibited.
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 moun-
tain 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.
(a) The driver of any motor vehicle when travel-
ing upon a downgrade shall not coast with the gears
of the vehicle in neutral.
(b) 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.
(a) 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.
(b) Any person who drops or permits to be
dropped or thrown upon any highway any destruc-
tive or injurious material shall immediately remove
it or cause it to be removed.
(c) 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.
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 reason-
able 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.
27-51-1407. Stopping for frightened horses.
(a) Whenever it shall appear that any horse rid-
den 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.
(b) 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.
27-51-1408. Driver-assistive truck platooning
systems.
(a) 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.
(b) 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.
27-51-1409. Operation of motor vehicles on
approach of funeral procession.
(a) 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 proces-
sion is proceeding through a red official traffic con-
trol signal as permitted by § 27-49-113(c)(1) unless
the driver of the motor vehicle enters the intersec-
tion without crossing the path of the funeral proces-
sion.
409 27-51-1409VEHICLE OPERATION — RULES OF THE ROAD
(b) 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.
S
UBCHAPTER 15 — PAUL’S LAW: TO
PROHIBIT DRIVERS FROM USING A WIRELESS
COMMUNICATIONS DEVICE WHILE OPERATING
A
MOTOR VEHICLE
SECTION
.
27-51-1501
. Title.
27-51-1502
. Purpose.
27-51-1503
. Definitions.
27-51-1504
. Use of wireless telecommunications device when driv-
ing.
27-51-1505
. Preemption.
27-51-1506
. Penalties.
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.
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 enforce-
ment 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:
(A) Construct a profile within a bounded sys-
tem;
(B) Articulate a list of other members with
whom the person shares a connection; and
(C) Communicate with other members of the
site;
(2)(A) “Wireless telecommunications device”
means a cellular telephone, a text-messaging de-
vice, a personal digital assistant, a stand-alone
computer, or a substantially similar wireless de-
vice that is readily removable from the vehicle and
is used to write, send, or read text or data through
manual input.
(B) “Wireless telecommunications device” does
not include a:
(i) Citizens band radio;
(ii) Citizens band radio hybrid;
(iii) Commercial two-way radio communication
device;
(iv) Two-way radio transmitter or receiver used
by a licensee of the Federal Communications Com-
mission in the Amateur Radio Service; or
(v) Hands-free wireless telephone or device;
and
(3) “Write, send, or read a text-based communica-
tion” means using a wireless telecommunications
device to manually communicate with a person by
using a text-based communication commonly re-
ferred to as a text message, instant message, or
electronic mail.
History. Acts 2009, No. 181, § 1; 2017, No. 706, § 2.
27-51-1504. Use of wireless telecommunica-
tions device when driving.
(a)(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:
(A) Write, send, or read a text-based communi-
cation; or
(B) 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.
(b) 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 wire-
less telecommunications device to:
(A) Report illegal activity;
(B) Summon medical or other emergency assis-
tance;
(C) Prevent injury to a person or property;
(D) Relay information between a transit or for-
hire operator dispatcher, if the wireless telecom-
41027-51-1501 TRANSPORTATION
munications device is permanently affixed to the
motor vehicle; or
(E) Navigate using a global positioning system;
or
(3) A physician or healthcare provider using a
wireless telecommunications device to communicate
with a hospital, health clinic, or the office of the
physician, or to provide for the health care or medi-
cal emergency of a person.
History. Acts 2009, No. 181, § 1; 2017, No. 706, § 3.
27-51-1505. Preemption.
This subchapter supersedes and preempts all
county or municipal ordinances regarding the use of
a handheld wireless telephone for wireless interac-
tive communication while operating a motor vehicle.
History. Acts 2009, No. 181, § 1.
27-51-1506. Penalties.
(a)(1) A violation of this subchapter is punishable
by a fine of not 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 more than five hundred
dollars ($500).
(b)(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.
S
UBCHAPTER 16 — FEWER DISTRACTIONS
MEAN SAFER DRIVING ACT
SECTION
.
27-51-1601
. Title.
27-51-1602
. Definitions.
27-51-1603
. Restrictions on drivers under 18 years of age.
27-51-1604
. Restrictions on drivers at least 18 but under 21 years
of age.
27-51-1605
. Enforcement.
27-51-1606
. Preemption.
27-51-1607
. Penalties.
27-51-1608
. [Repealed.]
27-51-1609
. Restrictions in school zones.
27-51-1610
. Restrictions in highway work zones.
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 purpose” means the reason for
contacting any of the following to report an emer-
gency:
(A) Law enforcement personnel;
(B) Fire department personnel;
(C) Public safety personnel;
(D) Emergency medical personnel; or
(E) A 911 public safety communications center;
(2)(A) “Handheld wireless telephone” means a
wireless interactive communication device with
which a user engages in wireless interactive com-
munication using at least one (1) hand.
(B) “Handheld wireless telephone” does not in-
clude a:
(i) Hands-free wireless telephone or device;
(ii) Citizens band radio;
(iii) Citizens band radio hybrid; or
(iv) Global positioning or navigation device or
system;
(3)(A) “Hands-free wireless telephone or device”
means a wireless telephone or other wireless
communication device that allows a user to en-
gage in wireless interactive communication with-
out the use of either hand with:
(i) An internal feature or function; or
(ii) An attachment or additional device.
(B) A hands-free wireless telephone or device
may be a permanent or temporary part of the
wireless telephone or other wireless communica-
tion device.
(C) A hands-free wireless telephone or device
may require the use of either hand to activate,
deactivate, or initiate a function of the wireless
telephone or other communication device;
(4) “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;
(5) “Highway worker” means an employee of any
of the following who is present in a highway work
zone:
(A) The Arkansas Department of Transporta-
tion;
(B) A county;
(C) A municipality; or
(D) A contractor or subcontractor of the State
Highway Commission or a county or municipality
that is performing duties related to the highway
work zone;
(6) “Wireless interactive communication” means
talking, typing, emailing, or accessing information
on the internet with a wireless telephone; and
(7)(A) “Wireless telephone” means a wireless in-
teractive communication device.
(B) “Wireless telephone” includes a handheld
wireless telephone and a hands-free wireless tele-
phone or device.
411 27-51-1602VEHICLE OPERATION — RULES OF THE ROAD
History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2011, No.
37, § 1; 2017, No. 707, § 353.
27-51-1603. Restrictions on drivers under 18
years of age.
(a) 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
telephone for wireless interactive communication
while operating a motor vehicle.
(b) A driver of a motor vehicle who is under
eighteen (18) years of age may use a wireless tele-
phone for wireless interactive communication while
operating a motor vehicle for an emergency purpose
only.
History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1.
27-51-1604. Restrictions on drivers at least 18
but under 21 years of age.
(a)(1) Except as otherwise provided in this sec-
tion, the driver of a motor vehicle who is at least
eighteen (18) but under twenty-one (21) years of age
shall not use a handheld wireless telephone for
wireless interactive communication while operating
a motor vehicle.
(2) The driver of a motor vehicle who is at least
eighteen (18) but under twenty-one (21) years of age
may use a hands-free wireless telephone or device
for wireless interactive communication while oper-
ating a motor vehicle.
(b) A driver of a motor vehicle who is at least
eighteen (18) but under twenty-one (21) years of age
may use a handheld wireless telephone for wireless
interactive communication while operating a motor
vehicle for an emergency purpose only.
History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1.
27-51-1605. Enforcement.
A driver of a motor vehicle is not to be stopped or
detained solely to determine compliance with this
subchapter.
History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2011, No.
37, § 2.
27-51-1606. Preemption.
This subchapter supersedes and preempts all
county or municipal ordinances regarding wireless
telephone use by drivers of motor vehicles.
History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2011, No.
37, § 3.
27-51-1607. Penalties.
(a)(1) A violation of this subchapter is punishable
by a fine of not 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 more than five hundred
dollars ($500).
(b) 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.
History. Acts 2009, No. 197, § 1; 2009, No. 247, § 1; 2017, No.
706, § 5.
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. Restrictions in school zones.
(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 mo-
tor 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 oper-
ating a motor vehicle for an emergency purpose.
(c) This section does not apply to law enforcement
officers.
History. Acts 2011, No. 37, § 5.
27-51-1610. Restrictions in highway work
zones.
(a) Except as provided under subsection (b) of this
section, the driver of a motor vehicle shall not use a
handheld wireless telephone while operating a mo-
tor vehicle in a highway work zone when a highway
worker is present.
(b) The driver of a motor vehicle who is in a
highway work zone when a highway worker is
present may use a handheld wireless telephone
while operating a motor vehicle for an emergency
purpose.
(c) This section does not apply to law enforcement
officers.
History. Acts 2011, No. 37, § 5.
S
UBCHAPTER 17 — ELECTRIC BICYCLE ACT
SECTION
.
27-51-1701
. Title.
27-51-1702
. Definitions.
27-51-1703
. Rules for bicycles applicable to electric bicycles.
27-51-1704
. Equipment.
41227-51-1603 TRANSPORTATION
SECTION.
27-51-1705
. Use on bicycle paths.
27-51-1706
. Rules for Class 3 electric bicycles.
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 assis-
tance only when the operator is pedaling and that
ceases to provide assistance when the electric bi-
cycle 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 assis-
tance only when the operator is pedaling and that
ceases to provide assistance when the electric bi-
cycle 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 subdi-
visions (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, opera-
tor’s licenses, and certificates of title.
History. Acts 2017, No. 956, § 3.
27-51-1704. Equipment.
(a) An electric bicycle shall comply with the
equipment and manufacturing requirements for bi-
cycles adopted by the Consumer Product Safety
Commission, 16 C.F.R. part 1512.
(b) 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 identi-
fying the:
(1) Classification number;
(2) Top assisted speed; and
(3) Motor wattage of the electric bicycle.
(c) 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 bi-
cycle, unless he or she appropriately replaces the
label indicating the classification required in subsec-
tion (b) of this section.
(d)(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.
(a)(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 jurisdic-
tion 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.
(b) 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.
(a)(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.
(b) 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.
(c) All Class 3 electric bicycles shall be equipped
with a speedometer that displays the speed the
bicycle is traveling in miles per hour.
413 27-51-1706VEHICLE OPERATION — RULES OF THE ROAD
History. Acts 2017, No. 956, § 3.
CHAPTER 52
TRAFFIC-CONTROL DEVICES
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. UNIFORM SYSTEM.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-52-101
. Penalty for interference with highway or railroad sign,
etc.
27-52-102
. Penalty for interference with devices in construction
areas.
27-52-103
. Obedience to official traffic control devices required.
27-52-104
. Adoption of uniform system.
27-52-105
. Devices on state highways.
27-52-106
. Local devices.
27-52-107
. Signal legend.
27-52-108
. Flashing signals.
27-52-109
. Unauthorized signs, etc., prohibited — Removal.
27-52-110
. Automated enforcement device operated by county gov-
ernment or department of state government oper-
ating outside municipality — Definitions.
27-52-111
. Automated enforcement device operated by municipal-
ity or department of state government operating
within boundaries of municipality — Definitions.
27-52-101. Penalty for interference with high-
way or railroad sign, etc.
(a) No person shall without lawful authority at-
tempt to or in fact alter, deface, mutilate, injure,
knock down, destroy, or remove any official highway
traffic-control device, road marker, lighting equip-
ment, or any railroad crossing sign or signal, or any
inscription, shield, or transcription thereon or any
part thereof.
(b)(1) It is a misdemeanor for any person to vio-
late any of the provisions of subsection (a) of this
section.
(2) Every person convicted of a violation of this
section shall be punished for:
(A) A first conviction by a fine not less than ten
dollars ($10.00) nor more than one hundred dol-
lars ($100) or by imprisonment for not more than
ten (10) days;
(B) 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
(C) 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 imprison-
ment for not more than six (6) months, or by both
fine and imprisonment.
(c) There is posted a standing reward of ten
dollars ($10.00) to be paid by the State Highway
Commission from any funds appropriated for main-
tenance 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 de-
vices in construction areas.
(a) 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.
(b) Any person who violates this section in reck-
less 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 proces-
sion 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.
27-52-104. Adoption of uniform system.
(a) 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.
(b) 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.
(a) The State Highway Commission shall place
and maintain traffic control devices conforming to
its manual and specifications upon all state high-
ways as it shall deem necessary to indicate and to
carry out the provisions of this chapter or to regu-
late, warn, or guide traffic.
(b) No local authority shall place or maintain any
traffic control device upon any highway under the
41427-52-101 TRANSPORTATION
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.
27-52-106. Local devices.
(a)(1) Local authorities in their respective juris-
dictions 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 con-
form to the state manual and specifications.
(b) 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.
27-52-107. Signal legend.
(a) Whenever traffic is controlled by traffic-con-
trol 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:
(A) 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,
(B) Pedestrians facing the signal may proceed
across the roadway within any marked or un-
marked crosswalk;
(2) Steady yellow alone means:
(A) 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.
(B) 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:
(A) 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:
(i) Vehicular traffic facing the signal, after com-
ing 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
(ii) Vehicular traffic in the left lane of a one-way
street facing such signal, after coming to a com-
plete 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.
(B) 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:
(A) Vehicular traffic facing the signal may cau-
tiously 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.
(B) No pedestrian facing the signal shall enter
the roadway unless he or she can do so safely and
without interfering with any vehicular traffic;
(b)(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.
(c) The operator of any streetcar shall obey the
signals as applicable to vehicles.
(d) 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 pedes-
trian 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.
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
415 27-52-108TRAFFIC-CONTROL DEVICES
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.
27-52-109. Unauthorized signs, etc., prohib-
ited — Removal.
(a)(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 pro-
hibit the erection upon private property adjacent to
highways of signs giving useful directional informa-
tion or of a type that cannot be mistaken for official
signs.
(b) 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 op-
erated by county government or department
of state government operating outside mu-
nicipality — Definitions.
(a) As used in this section:
(1) “Automated enforcement device” means a sys-
tem operated by a county government or a depart-
ment of state government that is operating outside
of a municipality that:
(A) Uses a photo-radar device that is capable of
detecting a speeding violation; and
(B) Photographs or records an image of the
vehicle used in committing the violation, the op-
erator 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.
(b) 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 or regulations of
the State of Arkansas; or
(2) An ordinance of the municipality.
(c)(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:
(A) In a school zone; or
(B) At a railroad crossing.
(2) If a county or a department of state govern-
ment that is operating outside of a municipality uses
an automated enforcement device, then a certified
law enforcement officer must:
(A) Be present with the automated enforce-
ment device; and
(B) Issue the citation to the violator at the time
and place of the violation.
(d) This section shall not prevent the Arkansas
Highway Police Division of the Arkansas Depart-
ment of Transportation from using automated en-
forcement devices to enforce state or federal motor
carrier laws.
History. Acts 2005, No. 1451, § 1; 2017, No. 707, § 354.
27-52-111. Automated enforcement device op-
erated by municipality or department of
state government operating within boundar-
ies of municipality — Definitions.
(a) As used in this section:
(1) “Automated enforcement device” means a sys-
tem operated by a municipality or a department of
state government that is operating within the
boundaries of the municipality that:
(A) Uses a photo-radar device that is capable of
detecting a speeding violation; and
(B) Photographs or records an image of the
vehicle used in committing the violation, the op-
erator 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.
(b) Except as used under subsection (c) of this
section, an automated enforcement device shall not
be used by a law enforcement agency of a munici-
pality 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 or regulations of
the State of Arkansas; or
(2) An ordinance of the municipality.
(c)(1) A municipality or a department of state
government that is operating within the boundaries
of the municipality may use an automated enforce-
ment device to detect and enforce a violation of
traffic laws or ordinances:
41627-52-109 TRANSPORTATION
(A) In a school zone; or
(B) 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:
(A) Be present with the automated enforce-
ment device; and
(B) Issue the citation to the violator at the time
and place of the violation.
(d) This section shall not prevent the Arkansas
Highway Police Division of the Arkansas Depart-
ment of Transportation from using automated en-
forcement devices to enforce state or federal motor
carrier laws.
History. Acts 2005, No. 1451, § 2; 2017, No. 707, § 355.
S
UBCHAPTER 2 — UNIFORM SYSTEM
SECTION
.
27-52-201
. Purpose.
27-52-202
. Penalty.
27-52-203
. Conformity to standards.
27-52-204
. Duty of officials.
27-52-205
. Arrangement of signals.
27-52-206
. Exception for motorcycles.
27-52-201. Purpose.
(a) 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.
(b) 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 provi-
sions 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 sub-
chapter shall be guilty of a misdemeanor.
History. Acts 1959, No. 143, § 5; A.S.A. 1947, § 75-513.
27-52-203. Conformity to standards.
(a) Any electrical traffic control signal device in-
stalled on any street, road, or highway in this state
shall be in conformance with the standards recom-
mended by the Institute of Transportation Engi-
neers, approved as an American Standard by the
American National Standards Institute.
(b) All traffic signals shall conform to the state
manual and specifications adopted by the State
Highway Commission in accordance with the re-
quirements 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.
(a) 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”.
(b)(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 ar-
ranged as follows:
(A) All signal lenses shall be arranged prefer-
ably 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:
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
(B) 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.
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 sen-
sor;
(2) The vehicle sensor has failed to detect the
motorcycle because of the motorcycle’s size or
weight; and
417 27-52-206TRAFFIC-CONTROL DEVICES
(3) The driver:
(A) Comes to a full and complete stop at the
intersection;
(B) Exercises due care as provided by law; and
(C) Proceeds with caution through the intersec-
tion when it is safe to do so.
History. Acts 2005, No. 1886, § 1.
CHAPTER 53
ACCIDENTS
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. ACCIDENT REPORTS.
3. INVESTIGATIONS.
4. DAMAGE CLAIMS.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-53-101
. Requirements in accidents involving death or personal
injuries.
27-53-102
. Accidents involving damage only to vehicle or personal
property of another person — Removal of vehicle.
27-53-103
. Duty to give information, remain at the scene of an
accident, and render aid.
27-53-104
. Notification if unattended vehicle is struck.
27-53-105
. Striking fixtures or other property upon highway.
27-53-101. Requirements in accidents involv-
ing death or personal injuries.
(a)(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 ob-
structing 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 establish-
ments, or elsewhere throughout the state.
(b)(1) Any person failing to comply with subsec-
tion (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.
27-53-102. Accidents involving damage only
to vehicle or personal property of another
person — Removal of vehicle.
(a)(1) The driver of a vehicle involved in an acci-
dent 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.
(b) An accident of this nature shall include all
accidents that occur upon the streets or highways,
upon the parking area of private business establish-
ments, or elsewhere throughout the state.
(c)(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.
(d) 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.
27-53-103. Duty to give information, remain
at the scene of an accident, and render aid.
(a)(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 col-
lided 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 transport-
ing is requested by the injured person.
(b)(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
41827-53-101 TRANSPORTATION
render assistance as required by subdivision (a)(2) of
this section.
(2) For the purpose of compliance with subdivi-
sion (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.
27-53-104. Notification if unattended vehicle
is struck.
(a) The driver of a vehicle which collides with
another vehicle that is unattended shall immedi-
ately 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.
(b) An accident of this nature shall include all
accidents which occur upon the streets or highways,
upon the parking area of private business establish-
ments, 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.
27-53-105. Striking fixtures or other property
upon highway.
(a)(1)(A) The driver of any vehicle involved in an
accident resulting only in damage to fixtures or
other property legally upon or adjacent to a high-
way shall take reasonable steps to locate and
notify the owner or person in charge of the prop-
erty 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.
(B) 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 pres-
ent at the accident.
(2) 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.
(b) An accident of this nature shall include all
accidents which occur upon the streets or highways,
upon the parking area of private business establish-
ments, 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.
S
UBCHAPTER 2 — ACCIDENT REPORTS
SECTION
.
27-53-201
. Penalty.
27-53-202
. Reports of accidents required — Supplemental reports.
27-53-203
. Incapacity to make report.
27-53-204
. Coroners to report deaths.
27-53-205
. Incorporated municipalities may require reports.
27-53-206
. Approved forms to be used.
27-53-207
. Tabulation and analysis.
27-53-208
. Use of accident and supplemental reports.
27-53-209
. Reports open to public inspection.
27-53-210
. Copies — Fee.
27-53-211
. Inspection of accident reports for safety improvements.
27-53-201. Penalty.
(a) 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 oc-
curred by a fine of not less than one hundred dollars
($100) nor more than one thousand dollars ($1,000).
(b) 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 driv-
er’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.
27-53-202. Reports of accidents required —
Supplemental reports.
(a) 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 thou-
sand dollars ($1,000) or more shall notify the near-
est law enforcement agency immediately. All per-
sons involved in the accident shall make themselves
readily available to the investigating agency’s officer
or officers.
(b)(1)(A) In addition to the requirements of sub-
section (a) of this section, the driver of any taxi-
cab, motor bus, or other motor vehicle carrying
passengers for hire involved in an accident result-
ing in injury to or death of any person shall notify
the nearest law enforcement agency immediately.
(B) 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.
(2)(A) 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.
(B) 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:
(i) 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:
419 27-53-202ACCIDENTS
(a) The parent, legal guardian, or legal custo-
dian of the minor occupant; or
(b) A representative of an insurance company
that insures a person involved in the accident; and
(ii) Be redacted on copies including without
limitation written, photostatic, or electronic cop-
ies, produced under this subchapter or the Free-
dom of Information Act of 1967, § 25-19-101 et
seq., unless the requestor is identified in subdivi-
sion (b)(2)(B)(i) of this section.
(c) The Department of Arkansas State Police may
require any driver of a vehicle involved in an acci-
dent that must be reported under this section to file
supplemental reports whenever the original report
is insufficient in the opinion of the department and
may require witnesses of an accident to render
reports to the department.
(d) [Repealed.]
(e) 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.
27-53-203. Incapacity to make report.
(a) 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.
(b) 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 ve-
hicle 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 Arkan-
sas 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.
(a) 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 Ar-
kansas State Police.
(b) All such reports shall be for the confidential
use of the city department and subject to the provi-
sions 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.
(a)(1) The Department 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.
(2)(A) The reports shall call for sufficiently de-
tailed information to disclose with reference to a
traffic accident the cause, conditions then exist-
ing, and the persons and vehicles involved.
(B) Every accident report shall include provi-
sions which inquire about whether or not the
accident was caused as a result of the driver’s
lapse of consciousness, epileptic condition, or simi-
lar nervous disorder, or an episode of marked
mental confusion or as a result of any physical
disability, disease, or disorder or any other medi-
cal condition of the driver.
(b) Every required accident report shall be made
on a form approved by the department.
(c) [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.
27-53-207. Tabulation and analysis.
(a) The Department 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.
(b) After collecting the data required by subsec-
tion (a) of this section, the Department of Arkansas
State Police shall further report to the Arkansas
Department of Transportation the data collected
and maintained by the Department of Arkansas
State Police relating to all accidents occurring
within the preceding twelve-month period on the
state highway system and local roads.
42027-53-203 TRANSPORTATION
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.
27-53-208. Use of accident and supplemental
reports.
(a)(1) All required accident reports and supple-
mental reports shall be without prejudice to the
individual so reporting and are for the use of the
Department of Arkansas State Police.
(2)(A) The Department of Arkansas State Police
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.
(B) Except as provided under § 27-53-
202(b)(2)(B), the department 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.
(b)(1) No report shall be used as evidence in any
civil or criminal trial arising out of an accident.
(2) The Department of Arkansas State Police
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 Department of Arkansas State
Police solely to prove a compliance or a failure to
comply with the requirement that the report be
made to the Department of Arkansas State Police.
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.
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 Depart-
ment 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.
27-53-210. Copies — Fee.
(a) 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
Department of Arkansas State Police, or from his or
her duly designated assistants, by any person who
makes a written request for them to the department.
(b)(1) In order to partially reimburse the Depart-
ment of Arkansas State Police for the cost of making
photostatic or written copies of motor vehicle acci-
dent reports and copies of records of traffic viola-
tions, 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 Department of
Arkansas State Police to the Treasurer of State and
shall be credited by him or her as a special revenue
to the Department of Arkansas State Police Fund.
(c)(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 supplemen-
tal 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.
27-53-211. Inspection of accident reports for
safety improvements.
(a)(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
Arkansas Department of Transportation by the De-
partment of Arkansas State Police under § 27-53-
207(b).
(2) The inspections shall determine, within the
judgment of Arkansas Department of Transporta-
tion personnel, whether safety improvements, in-
creased visibility, warning signs, traffic control de-
vices, or any other safety improvements are
necessary which could reduce or prevent the future
occurrence of similar accidents at the same loca-
tions.
(b) The Arkansas Department of Transportation
shall develop a schedule for and implement those
safety improvements considered necessary by the
Arkansas Department of Transportation under sub-
division (a)(2) of this section.
History. Acts 1999, No. 1275, § 2; 2017, No. 618, § 2; 2017, No.
707, § 357.
S
UBCHAPTER 3 — INVESTIGATIONS
SECTION
.
27-53-301
. Purpose.
27-53-302
. Definitions.
27-53-303
. Jurisdiction and responsibilities of law enforcement
officers.
27-53-304
. Report forms.
27-53-305
. Reports to be public records.
27-53-306
. Notification to landowners.
27-53-307
. Accident response service fee.
27-53-301. Purpose.
The purpose of this subchapter is to promote the
public welfare by the reduction of traffic accidents
421 27-53-301ACCIDENTS
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 determina-
tion 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.
(a) Within their jurisdictions, and cooperatively
in overlapping jurisdictional situations such as the
state highway extensions within municipal corpora-
tions, law enforcement officers of Arkansas are de-
clared to be responsible for the investigation and
reporting of all traffic accidents and the deaths,
injuries, and property damage resulting therefrom.
(b) These responsibilities shall be generally as
outlined:
(1) The federal interstate system — The Depart-
ment 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 investi-
gate 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.
(c) The responsible investigating office shall
make the investigation with all possible prompt-
ness, and the investigating officer shall file the
report with the Department of Arkansas State Police
within five (5) days subsequent to the actual inves-
tigation.
(d) 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.
(a) All traffic accident investigation reports shall
be made upon forms prescribed, approved, and sup-
plied by the Department of Arkansas State Police,
with the concurrence of the Arkansas Department of
Transportation.
(b) [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.
27-53-305. Reports to be public records.
(a) Except as provided under § 27-53-
202(b)(2)(B), all traffic accident investigating offi-
cers’ reports are public records and open to public
inspection at all reasonable times.
(b) Photostatic or written copies of the reports
may be obtained from the Department 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
Department of Arkansas State Police.
History. Acts 1967, No. 246, § 5; A.S.A. 1947, § 75-926; Acts
2013, No. 1229, § 6.
27-53-306. Notification to landowners.
In instances where a motor vehicle leaves a road
or highway and damages the fence or other attach-
ment 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.
(a) 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:
(A) The state;
(B) A political subdivision of the state, includ-
ing:
(i) A county;
(ii) A city;
(iii) A borough;
(iv) An incorporated town;
42227-53-302 TRANSPORTATION
(v) A township; or
(vi) A home-ruled municipality; and
(C) Any governmental entity or agency or de-
partment of a governmental entity or agency.
(b) Notwithstanding any provision of law to the
contrary, a person or entity shall not impose an
accident response service fee on or from an insur-
ance company, the driver or owner of a motor ve-
hicle, or any other person.
History. Acts 2009, No. 973, § 1.
S
UBCHAPTER 4 — DAMAGE CLAIMS
SECTION
.
27-53-401
. Measure of damages to motor vehicles.
27-53-402
. Failure to pay small damage claims.
27-53-403
. Payment of damage claim not admissible in personal
injury action.
27-53-404
. Liability coverage for dealer vehicles used in driver
education required.
27-53-405
. Funeral homes not liable for acts of private vehicle
operators.
27-53-401. Measure of damages to motor ve-
hicles.
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.
27-53-402. Failure to pay small damage
claims.
(a) 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 de-
fense, 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.
(b) 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.
27-53-403. Payment of damage claim not ad-
missible 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.
27-53-404. Liability coverage for dealer ve-
hicles used in driver education required.
(a) 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 re-
sponsible 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.
(b)(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.
(a) 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 iden-
tify the vehicles as part of the procession without
assuming any liability or responsibility for acts of
the operators of the private vehicles.
(b) 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
SECTION.
27-54-101
. Adoption of compact.
27-54-101. Adoption of compact.
The Nonresident Violator Compact of 1977, as
amended and in effect on January 1, 1985, herein-
after called “the compact,” is enacted into law and
entered into with all other jurisdictions legally join-
ing therein in the form substantially as follows:
423 27-54-101NONRESIDENT VIOLATOR COMPACT
ARTICLE I
Findings, Declaration of Policy and Purpose
(a) 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:
(i) Must post collateral or bond to secure ap-
pearance for trial at a later date; or
(ii) If unable to post collateral or bond, is taken
into custody until the collateral or bond is posted;
or
(iii) Is taken directly to court for his trial to be
held.
(2) In some instances, the motorist’s driver’s li-
cense 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 para-
graphs (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 con-
tinue 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.
(b) 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 juris-
dictions.
(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 enforce-
ment personnel and assist court systems in the
efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party
jurisdictions may participate in a reciprocal pro-
gram to effectuate the policies enumerated in para-
graph (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
(a) In the Nonresident Violator Compact, the fol-
lowing words have the meaning indicated, unless
the context requires otherwise:
(b)(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, follow-
ing 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 tribu-
nal.
(5) “Driver’s license” means any license or privi-
lege 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 motor-
ist.
(8) “Jurisdiction” means a state, territory, or pos-
session of the United States, the District of Colum-
bia, 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 agree-
ment 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 autho-
rized 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
(a) 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
42427-54-101 TRANSPORTATION
noted in paragraph (b) of this article, require the
motorist to post collateral to secure appearance, if
the officer receives the motorist’s personal recogni-
zance that he or she will comply with the terms of
the citation.
(b) Personal recognizance is acceptable only if not
prohibited by law. If mandatory appearance is re-
quired, it should take place immediately following
issuance of the citation.
(c) 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 speci-
fied in the Compact Manual as minimum require-
ments for effective processing by the home jurisdic-
tion.
(d) Upon receipt of the report, the licensing au-
thority 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.
(e) The licensing authority of the issuing jurisdic-
tion need not suspend the privilege of a motorist for
whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdic-
tion 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.
(g) The licensing authority of the issuing jurisdic-
tion 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
(a) Upon receipt of a report of a failure to comply
from the licensing authority of the issuing jurisdic-
tion, 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 li-
cense until satisfactory evidence of compliance with
the terms of the traffic citation has been furnished to
the home jurisdiction licensing authority. Due pro-
cess safeguards will be accorded.
(b) The licensing authority of the home jurisdic-
tion 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 con-
strued 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 coop-
erative arrangements between a party jurisdiction
and a nonparty jurisdiction.
ARTICLE VI
Compact Administrator Procedures
(a) For the purpose of administering the provi-
sions 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 Ad-
ministrators is established. The board shall be com-
posed of one representative from each party juris-
diction 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.
(b) Each member of the Board of Compact Admin-
istrators 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.
(c) The board shall elect annually, from its mem-
bership, a chairman and vice chairman.
(d) 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.
(e) The board may accept for any of its purposes
and functions under this compact any and all dona-
tions, 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.
(f) The board may contract with, or accept ser-
vices or personnel from any governmental or inter-
425 27-54-101NONRESIDENT VIOLATOR COMPACT
governmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The board shall formulate all necessary proce-
dures 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
(a) This compact shall become effective when it
has been adopted by at least two (2) jurisdictions.
(b)(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 in-
clude statements that in substance are as follows:
(i) A citation of the authority by which the
jurisdiction is empowered to become a party to
this compact.
(ii) Agreement to comply with the terms and
provisions of the compact.
(iii) That compact entry is with all jurisdictions
then party to the compact and with any jurisdic-
tion 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 Administra-
tors or by the secretariat of the board to each party
jurisdiction that the resolution from the applying
jurisdiction has been received.
(c) 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 with-
drawal 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
(a) 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.
(b) Adoption of an amendment shall require en-
dorsement of all party jurisdictions and shall be-
come effective thirty (30) days after the date of the
last endorsement.
(c) 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 provi-
sions of this compact shall be severable and if any
phrase, clause, sentence, or provision of this com-
pact 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, per-
son, or circumstance, the compact shall not be af-
fected 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 sever-
able 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]
SUBTITLE 5. HIGHWAYS, ROADS,
AND STREETS
CHAPTER 64
GENERAL PROVISIONS
SUBCHAPTER 1 — MISCELLANEOUS
PROVISIONS
SECTION
.
27-64-101
. Air rights over highways, roads, and streets — Agree-
ments with private property owners.
27-64-102
. Gates and cattle guards.
42627-54-101 TRANSPORTATION
SECTION.
27-64-103
. Mowing, installing, and maintaining sprinkler system
on rights-of-way by adjoining landowner.
27-64-104
. Priority of cases.
27-64-101. Air rights over highways, roads,
and streets — Agreements with private prop-
erty 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.
27-64-102. Gates and cattle guards.
(a) 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.
(b) Before any order is entered under the provi-
sions 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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 misde-
meanor, 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.
27-64-103. Mowing, installing, and maintain-
ing sprinkler system on rights-of-way by ad-
joining landowner.
(a)(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 prop-
erty unless the Arkansas Department of Transpor-
tation 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 main-
tain a sprinkler system on the portion of the right-
of-way adjoining the property unless the depart-
ment has installed a barrier designed to prohibit
entry.
(b) 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 mainte-
nance of the sprinkler system.
(c) 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.
427 27-64-103GENERAL PROVISIONS
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 de-
crees 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.
S
UBCHAPTER 5 — ARKANSAS HIGHWAY
FINANCING ACT OF 2011
SECTION.
27-64-501
. Title.
27-64-502
. Findings.
27-64-503
. Definitions.
27-64-504
. Authorization — Purposes.
27-64-505
. Election.
27-64-506
. Procedure for issuing State of Arkansas Federal High-
way Grant Anticipation and Tax Revenue Bonds.
27-64-507
. Terms of bonds.
27-64-508
. Sale of bonds.
27-64-509
. Employment of professionals.
27-64-510
. Sources of repayment.
27-64-511
. Investment of proceeds.
27-64-512
. Refunding bonds.
27-64-513
. Tax exemption.
27-64-514
. Powers of the State Highway Commission.
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 im-
provements 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 effi-
cient, 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 cur-
rently designated by the Arkansas Highway Financ-
ing Act of 1999, § 27-64-201 et seq., including fed-
eral 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 guar-
anteed 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 autho-
rized in this subchapter;
(2) “Commission” means the State Highway Com-
mission;
(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, remarket-
ing agent fees, credit enhancement costs, and other
amounts necessary in connection with the bonds;
(4) “Designated revenues” means:
(A) The portion designated by the commission
of funds received or to be received from the federal
government as federal highway assistance fund-
ing allocated to the state; and
(B) Revenues derived from the distillate special
fuel tax levied under:
(i) 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 Fi-
nancing Act of 2007, § 27-64-401 et seq.; and
(ii) Section 26-56-802; and
(5) “Highway improvements” or “highway im-
provement projects” means restoration and improve-
ments 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, reconstruc-
tion, renovation of the Interstate Highway System
and other routes within the National Highway Sys-
tem 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.
42827-64-104 TRANSPORTATION
27-64-504. Authorization — Purposes.
(a)(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 outstand-
ing from the issuance of bonds pursuant to the
Arkansas Highway Financing Act of 1999, § 27-64-
201 et seq., the Arkansas Interstate Highway Fi-
nancing 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.
(b) The purpose of the bond issuance shall be to:
(1) Accelerate highway improvement projects al-
ready 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.
(a)(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.
(b)(1) Notice of the election shall be:
(A) 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
(B) 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:
“Authorizing the State Highway Commission to is-
sue State of Arkansas Federal Highway Grant An-
ticipation and Tax Revenue Bonds (the ‘Bonds’) if
the total principal amount outstanding from the
issuance of the bonds, together with the total prin-
cipal amount outstanding from the issuance of
bonds pursuant to the Arkansas Highway Financing
Act of 1999, § 27-64-201 et seq., the Arkansas Inter-
state Highway Financing Act of 2005, § 27-64-301 et
seq., and the Arkansas Interstate Highway Financ-
ing 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 im-
provements to the Interstate Highway System and
related facilities in the State of Arkansas and im-
provements to other routes on the National High-
way 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 limita-
tion 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 Arkan-
sas; (2) revenues derived from the excise tax levied
on distillate special fuel (diesel) pursuant to Arkan-
sas Code § 26-56-201(e) that are available for ex-
penditure after any distributions required by the
Arkansas Highway Financing Act of 1999, the Ar-
kansas 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 High-
way Commission, which shall also include the acqui-
sition, construction, reconstruction, and renovation
of the Interstate Highway System and of other
routes on the National Highway System and facili-
ties appurtenant or pertaining thereto.
“Under Arkansas Code § 26-56-802, there is lev-
ied, 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 com-
429 27-64-505GENERAL PROVISIONS
mission 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 expendi-
ture after any distributions required by the Arkan-
sas 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.”
(c) 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 subdi-
vision (b)(2) of this section, and the following:
“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 prin-
cipal 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 rev-
enues,’ as defined in the Arkansas Highway Financ-
ing Act of 2011, debt service on bonds............. [ ]
“AGAINST authorizing the State Highway Com-
mission to issue State of Arkansas Federal Highway
Grant Anticipation and Tax Revenue Bonds pro-
vided that the total principal amount outstanding
from the issuance of the bonds, together with the
total principal amount outstanding from the issu-
ance of bonds pursuant to Arkansas Highway Fi-
nancing Act of 1999, the Arkansas Interstate High-
way 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 rev-
enues,’ as defined in the Arkansas Highway Financ-
ing Act of 2011, debt service on bonds............ [ ]”
(d)(1) Each county board of election commission-
ers shall hold and conduct the election and may take
any action with respect to the appointment of elec-
tion officials and other matters as required by the
laws of the state.
(2)(A) The vote shall be canvassed, and the result
of the vote declared in each county by the board.
(B) 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 tabu-
late all returns received and certify to the Gover-
nor the total vote for and against the proposition
submitted pursuant to this subchapter.
(e)(1) The result of the election shall be pro-
claimed 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.
(f)(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.
History. Acts 2011, No. 773, § 3.
27-64-506. Procedure for issuing State of Ar-
kansas Federal Highway Grant Anticipation
and Tax Revenue Bonds.
(a) 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.
(b) Each resolution shall contain those terms,
covenants, and conditions as are desirable and con-
sistent with this subchapter, including without limi-
tation those pertaining to the establishment and
maintenance of funds and accounts, the deposit and
investment of the federal highway assistance pay-
ments and bond proceeds, and the rights and obli-
gations of the state, its officers and officials, the
commission, and the registered owners of the bonds.
(c)(1) The resolutions of the commission may pro-
vide for the execution and delivery by the commis-
43027-64-506 TRANSPORTATION
sion 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 commis-
sion.
(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 sub-
ject to the following terms and conditions:
(1)(A) 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.
(B) The respective series of bonds shall be des-
ignated by the year in which the bonds are issued.
(C) If more than one (1) series of bonds is to be
issued in a particular year, the series shall be
designated alphabetically;
(2)(A) The bonds of each series shall have the
date or dates as the State Highway Commission
shall determine.
(B) 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.
(C) 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;
(3)(A) The bonds of each series shall bear interest
at the rate or rates determined by the commission
at the sale of the bonds.
(B) 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.
(C) 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:
(A) The denominations of the bonds;
(B) Whether the bonds may be made exchange-
able for bonds of another form or denomination
bearing the same rate of interest;
(C) When the bonds may be made payable and
the places within or without the state where the
bonds may be payable;
(D) Whether the bonds may be made subject to
redemption prior to maturity and the manner of
and prices for redemption; and
(E) Any other terms and conditions; and
(6)(A) Each bond shall be executed with the fac-
simile signatures of the Chair of the State High-
way Commission and the secretary of the commis-
sion, and the seal of the commission shall be
affixed or imprinted on the bond.
(B) Delivery of executed bonds shall be valid,
notwithstanding any change in the persons hold-
ing the offices that occurs after the bonds have
been executed.
History. Acts 2011, No. 773, § 3.
27-64-508. Sale of bonds.
(a)(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)(A) The bonds may be sold at a price acceptable
to the commission.
(B) The price may include a discount or pre-
mium.
(b)(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 con-
ditions of bidding, including the basis on which the
winning bid will be selected.
(c) The commission may structure the sale of
bonds utilizing financing techniques that are recom-
mended 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.
(d) The commission may enter into any ancillary
agreements in connection with the sale of the bonds
as it deems necessary and advisable, including with-
out limitation bond purchase agreements, remarket-
ing 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, includ-
ing without limitation legal counsel, financial advi-
sors, underwriters, trustees, paying agents, and
remarketing agents.
History. Acts 2011, No. 773, § 3.
431 27-64-509GENERAL PROVISIONS
27-64-510. Sources of repayment.
(a) 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.
(b) 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 assis-
tance funding allocated to the state; and
(2) Revenues derived from the distillate special
fuel tax levied under:
(A) 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 Fi-
nancing Act of 2007, § 27-64-401 et seq.; and
(B) Section 26-56-802.
(c) If the amount of designated revenues is insuf-
ficient to make timely payment of debt service on the
bonds, the payment shall be made from the general
revenues of the State of Arkansas.
(d)(1) In order to secure the payment of debt
service, any trust instrument, resolution, or other
document setting forth the security for the bond-
holders may provide for the direct payment of the
federal highway assistance funds that are desig-
nated 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 depos-
ited into the State Treasury.
(e) The additional distillate special fuel tax levied
under § 26-56-802 shall terminate as provided un-
der § 26-56-802(c)(3).
History. Acts 2011, No. 773, § 3.
27-64-511. Investment of proceeds.
(a) Designated revenues and proceeds of the
State of Arkansas Federal Highway Grant Anticipa-
tion and Tax Revenue Bonds held pending disburse-
ment on highway improvements shall be invested by
the State Highway Commission to the full extent
practicable pending disbursement for the purposes
intended.
(b) Notwithstanding any other provision of law,
the investments shall be in accordance with the
terms of the resolution or trust indenture authoriz-
ing 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.
(a) 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 out-
standing after the refunding is completed does not
exceed the total amount authorized by this subchap-
ter.
(b) The refunding bonds shall be general obliga-
tions 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.
(a) 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.
(b) The bonds shall be eligible to secure deposits
of all public funds and shall be legal for investment
of municipal, county, bank, fiduciary, insurance com-
pany, and trust funds.
History. Acts 2011, No. 773, § 3.
27-64-514. Powers of the State Highway Com-
mission.
(a) 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.
(b) 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 cor-
rupt intent.
History. Acts 2011, No. 773, § 3.
CHAPTER 65
ARKANSAS DEPARTMENT OF
TRANSPORTATION — STATE
HIGHWAY COMMISSION
SECTION
.
27-65-101
. Penalties.
27-65-102
. Administration of department.
27-65-103
. Office locations.
27-65-104
. Members.
27-65-105
. Organization.
27-65-106
. Meetings.
27-65-107
. Powers and duties generally — Definitions.
43227-64-510 TRANSPORTATION
SECTION.
27-65-108
. Agreements for promoting highway programs.
27-65-109
. Transfer agreements.
27-65-110
. Records and reports.
27-65-111
. Purchase of equipment and supplies.
27-65-112
. Acceptance of federal aid.
27-65-113
. Relocation assistance.
27-65-114
. Tourist information bureaus.
27-65-115
. Use of federal aid funds for turnpike projects.
27-65-116 — 27-65-121
. [Reserved.]
27-65-122
. Director of State Highways and Transportation.
27-65-123
. Secretary.
27-65-124
. Personnel.
27-65-125
. Accountants.
27-65-126
. Engineers.
27-65-127
. [Repealed.]
27-65-128
. Investigations and reports by engineer and geologist.
27-65-129
. Oaths.
27-65-130
. Bonds — Commissioner and director.
27-65-131
. Bonds — Suppliers and employees.
27-65-132
. Contracts between commission and employees.
27-65-133
. Corruption in office.
27-65-134
. Venue in suits against state highway officers.
27-65-135
. Fiscal year.
27-65-136
. Prohibition on increasing number of employees before
election.
27-65-137
. Special expense allowances.
27-65-138
. Acquisition of property.
27-65-139
. Uniform allowance.
27-65-140
. Tool allowance.
27-65-141
. Payment of claims for damages to personal property.
27-65-142
. Moving expense.
27-65-143
. Award of pistol, shotgun, or both upon retirement or
death.
27-65-144
. Additional annual reporting.
27-65-145
. Transportation-Related Research Grant Program —
Definition.
27-65-101. Penalties.
(a)(1) Any person under color of any official posi-
tion 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 impris-
onment for not over six (6) months.
(b) 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.
27-65-102. Administration of department.
The administrative control of the Arkansas De-
partment 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.
27-65-103. Office locations.
(a) The main office of the State Highway Commis-
sion shall be located in the City of Little Rock.
(b) 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.
27-65-104. Members.
(a) All appointments to the State Highway Com-
mission shall be based upon the four (4) congressio-
nal districts as defined on July 20, 1979. Appoint-
ments to the commission shall be made so as to
assure that, at the earliest possible date, the com-
mission shall be composed of one (1) member from
each of the four (4) congressional districts and one
(1) member from the state at large.
(b) 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.
27-65-105. Organization.
The commissioners of the State Highway Commis-
sion, appointed pursuant to Arkansas Constitution,
Amendment 42, shall organize by selecting one of
their members as Chair of the State Highway Com-
mission 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.
(a) 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.
(b) Three (3) members shall constitute a quorum
of the commission for all purposes, except as pro-
vided in § 27-65-122.
(c) 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.
433 27-65-106ARKANSAS DEPARTMENT OF TRANSPORTATION
27-65-107. Powers and duties generally —
Definitions.
(a) 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 com-
mission deems reasonable and proper for the perfor-
mance of its duties hereunder;
(2) To let all contracts for the construction, im-
provement, and maintenance of the roads compris-
ing 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:
(A) Enter into all contracts or agreements with
the United States Government relating to the
survey, construction, improvement, and mainte-
nance of roads under the provisions of any present
or future congressional enactment;
(B) Submit any scheme or program for con-
struction or maintenance as may be required by
the Federal Highway Administration, or other-
wise provided by federal acts; and
(C) 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, im-
provement, 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 administra-
tive 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 sta-
tistics on road building, maintenance, and improve-
ments 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 sup-
plies, 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 and regulations to implement
the commission’s powers;
(14) To adopt reasonable rules and regulations
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 high-
ways, 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 admin-
istrative purposes including but not limited to drive-
ways, logos, billboards, signage, sign visibility, and
weight restricted roadway maintenance to support
the administration and operation of programs for
which the fees are assessed;
(18)(A) To propose and submit rules regarding
the:
(i) Criteria for distribution of funds and the
distribution of funds from the:
(a) State Highway and Transportation Depart-
ment Fund; and
(b) Road and Bridge Repair, Maintenance, and
Grants Fund; and
(ii) Spending priority designated for highway
construction contracts and public road construc-
tion projects by the department and the commis-
sion, including the criteria used to establish the
spending priority.
(B)(i) The commission shall submit the pro-
posed rules required under subdivision (a)(18)(A)
of this section to the Highway Commission Review
and Advisory Subcommittee of the Legislative
Council for review.
(ii) Proposed rules required under subdivision
(a)(18)(A) of this section that are under consider-
ation 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 Octo-
ber 1, 2017, as a report.
(iii) The proposed rules required under subdi-
vision (a)(18)(A) of this section are not required to
be promulgated under the Arkansas Administra-
tive Procedure Act, § 25-15-201 et seq., but shall
be published after review by the Highway Com-
mission Review and Advisory Subcommittee of the
Legislative Council; and
43427-65-107 TRANSPORTATION
(19) To provide the Highway Commission Review
and Advisory Subcommittee of the Legislative Coun-
cil 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 re-
quired by the Highway Commission Review and
Advisory Subcommittee of the Legislative Council.
(b) The rules and regulations, 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 regulation
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.
(c) Notwithstanding any other provision of law to
the contrary, the commission shall have the author-
ity 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”.
(d) As used in this section:
(1) “Highway construction contract” means a con-
tract for the construction, restoration, reconstruc-
tion, 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, renova-
tion, or repair of a road, highway, street, bridge,
overpass, interchange, or right-of-way in which the
construction, restoration, reconstruction, renova-
tion, 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.
27-65-108. Agreements for promoting high-
way programs.
(a) The State Highway Commission is authorized
to enter into agreements with groups or associations
for the promotion of highway programs.
(b) Such agreements may contain provisions for
collection and assessments of dues or contributions.
History. Acts 1987, No. 742, § 21.
27-65-109. Transfer agreements.
(a) The State Highway Commission is authorized
to enter into agreements to exchange or agreements
to transfer highways with appropriate county and
municipal authorities.
(b) County and municipal authorities are autho-
rized to enter into agreements with the commission
to exchange or agreements to transfer highways in
their respective highway systems.
(c) An exchange or transfer under this section
shall include all property interests held by the
transferring party.
(d) An exchange or transfer under this section
does not require an exchange of money or other
consideration.
(e) 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.
27-65-110. Records and reports.
(a) The State Highway Commission shall submit
annually to the Governor a report of its activities.
(b) The commission shall make a biennial report
to the General Assembly embodying a clear state-
ment 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.
(c)(1) The commission shall obtain and preserve
such information, reports, maps, plats, books, re-
cords, 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 mainte-
nance 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 em-
ployee 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 sup-
plies.
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 pur-
chase 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
(2)(A) In making purchases of materials, sup-
plies, and equipment, the estimated total cost of
which will exceed one thousand dollars ($1,000),
the commission shall advertise in one (1) newspa-
per of statewide circulation seven (7) days prior to
the date of receiving bids a notice to the effect that
435 27-65-111ARKANSAS DEPARTMENT OF TRANSPORTATION
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 pro-
posal.
(B) Contracts shall be awarded to the lowest
and best bidder, price, quality, delivery cost, and
time being considered. The commission shall ad-
vertise for price quotations on maintenance mate-
rials 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 commis-
sion, bids submitted are not in the best interest of
the state, it may reject any or all bids and may
readvertise for bids.
(C) All bids received by the commission pursu-
ant 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.
(a) The State of Arkansas assents to the provi-
sions 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 Construc-
tion of Rural Post Roads, and for Other Purposes”,
and to the provisions of all acts amendatory thereof
or supplemental thereto.
(b) 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 improve-
ment of roads in Arkansas, and to select and desig-
nate, 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 infor-
mation 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.
(c) The good faith of the state is pledged to main-
tain all roads in the state on which federal-aid funds
have been or may hereafter be expended.
(d) 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 Arkan-
sas.
(e) Any and all moneys so received shall be cred-
ited to the State Highway and Transportation De-
partment Fund.
History. Acts 1929, No. 65, § 22; Pope’s Dig., § 6550; A.S.A.
1947, § 76-522.
27-65-113. Relocation assistance.
(a) The State of Arkansas assents to the provi-
sions 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.
(b) The State Highway Commission and the high-
way, 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 neces-
sary to provide relocation assistance in accordance
with the provisions of Chapter 5, Title 23, United
States Code, and the rules and regulations promul-
gated thereunder by the United States Secretary of
Transportation.
History. Acts 1969, No. 246, §§ 1, 2; A.S.A. 1947, §§ 76-553,
76-554.
27-65-114. Tourist information bureaus.
(a) The State Highway Commission is authorized
to establish and maintain tourist information bu-
reaus 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.
(b) The commission shall adopt and establish
regulations 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.
27-65-115. Use of federal aid funds for turn-
pike projects.
Notwithstanding any provision of law to the con-
trary, 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 Trans-
portation 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,
43627-65-112 TRANSPORTATION
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.]
27-65-122. Director of State Highways and
Transportation.
(a) By a majority vote of the full State Highway
Commission, the commission shall appoint a Direc-
tor of State Highways and Transportation.
(b) 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 Arkan-
sas.
(c) The director shall:
(1) Devote full time and attention to the duties set
out herein;
(2) Receive compensation as fixed by the commis-
sion, unless a salary is fixed by the General Assem-
bly 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 depart-
ment.
(d) 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.
27-65-123. Secretary.
(a) 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.
(b) The secretary:
(1) Shall keep full and true records of the proceed-
ings 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 commis-
sion, 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.
(c) 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.
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 pub-
lic 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.
(a) 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.
(b) All district highway engineers and other re-
sponsible 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 engi-
neer and geologist.
(a) The consulting engineer and the State Geolo-
gist shall make such investigations and reports as
the State Highway Commission may from time to
time require.
(b) They shall be especially charged with the
study of the road materials of the state, their loca-
437 27-65-128ARKANSAS DEPARTMENT OF TRANSPORTATION
tion, relative value, cost, and durability, and the cost
of transporting road materials to other parts of the
state.
(c) 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.
(d) They shall embody all the information gath-
ered 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.
(a) The members of the State Highway Commis-
sion and the Director of State Highways and Trans-
portation, 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.
(b) All employees of the commission shall take the
following oath before assuming the duties of their
employment:
“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 Depart-
ment 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 Transpor-
tation, 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 employ-
ment, 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.”
(c) 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.
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.
27-65-130. Bonds — Commissioner and direc-
tor.
(a) Each commissioner of the State Highway
Commission shall give bond, as required by law.
(b) 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.
(c) 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.
27-65-131. Bonds — Suppliers and employees.
(a) Every person who shall have charge of any
supplies, materials, or equipment of any kind, ex-
ceeding 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.
(b) Every contractor for work in excess of one
thousand dollars ($1,000) shall be required to fur-
nish 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 commis-
sion 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.
(c) 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 com-
mission and filed with the Secretary of State, and
the premium shall be paid out of the State Highway
and Transportation Department Fund. The commis-
sion 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.
27-65-132. Contracts between commission
and employees.
(a) 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.
(b) None shall be pecuniarily interested, directly
or indirectly, in any contract made by the commis-
43827-65-129 TRANSPORTATION
sion or in the location or improvement of any state
road.
(c) Willful violation of this section shall be
deemed a felony punishable by imprisonment in the
Department 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.
27-65-133. Corruption in office.
Whoever, being a member of the State Highway
Commission or an engineer, agent, or other em-
ployee, 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 high-
way officers.
(a) Suits against any state officer involving any
act done or proposed to be done in the administra-
tion 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.
(b) However, where any suit may be filed against
any contractor, or persons engaged in the construc-
tion 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.
27-65-135. Fiscal year.
(a) The fiscal year of the Arkansas Department of
Transportation shall be from July 1 to June 30 of
each year.
(b) 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.
27-65-136. Prohibition on increasing number
of employees before election.
(a) Within ninety (90) days preceding any pri-
mary election, the Arkansas Department of Trans-
portation shall not increase the number of its em-
ployees 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.
(b) 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.
27-65-137. Special expense allowances.
(a) 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.
(b) The commission shall provide for an expense
allowance of up to two thousand dollars ($2,000) per
annum for each chief, captain, first lieutenant, sec-
ond 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.
27-65-138. Acquisition of property.
(a) Notwithstanding the provisions of any laws to
the contrary, the Arkansas Department of Transpor-
tation, acting on behalf of the State Highway Com-
mission, 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
439 27-65-138ARKANSAS DEPARTMENT OF TRANSPORTATION
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.
(b) 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 depart-
ment 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 de-
partment shall notify the county tax collector of that
deposit.
History. Acts 1991, No. 961, § 1; 2001, No. 1135, § 1; 2017, No.
707, § 372.
27-65-139. Uniform allowance.
(a)(1) The State Highway Commission is hereby
authorized to pay from funds appropriated for main-
tenance and operation a uniform allowance not to
exceed one thousand eight hundred dollars ($1,800)
per annum for all uniformed personnel of the Arkan-
sas Highway Police Division of the Arkansas De-
partment 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 person-
nel of the Arkansas Highway Police Division of the
department.
(b) Provided further, that when uniformed per-
sonnel 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.
27-65-140. Tool allowance.
(a) 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.
(b) 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.
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 deter-
mination by the Arkansas State Claims Commission
that the claim is valid after hearing the facts thereof
and after prior review by the Legislative Claims
Subcommittee and the Legislative Council.
History. Acts 1993, No. 160, § 14; 2017, No. 707, § 375.
27-65-142. Moving expense.
The State Highway Commission is hereby autho-
rized to pay from funds appropriated from mainte-
nance and operation the actual expense of moving
the household and personal property of those em-
ployees of the Arkansas Department of Transporta-
tion who because of their job assignments are re-
quired to move their places of residence by the
commission by the Director of State Highways and
Transportation, subject to the approval by the direc-
tor for each move so required.
History. Acts 1993, No. 160, § 15; 2017, No. 707, § 376.
27-65-143. Award of pistol, shotgun, or both
upon retirement or death.
When a highway police patrol officer of the Arkan-
sas Highway Police Division of the Arkansas De-
partment of Transportation retires from service or
dies while still employed with the Arkansas Depart-
ment of Transportation, in recognition of and appre-
ciation 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.
27-65-144. Additional annual reporting.
(a) 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.
(b) Any additional traffic control devices installed
under subsection (a) of this section shall conform to
44027-65-139 TRANSPORTATION
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.
(c) 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.
27-65-145. Transportation-Related Research
Grant Program — Definition.
(a) As used in this section, “transportation-re-
lated 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, mate-
rials, and methods to ensure cost-effectiveness and
the furtherance of education and economic develop-
ment concerning all forms of transportation, includ-
ing without limitation rail, public transportation,
aviation, and waterborne transportation.
(b) The Transportation-Related Research Grant
Program is established to provide grants to publicly
funded institutions of higher education for transpor-
tation-related research.
(c) A publicly funded institution of higher educa-
tion may submit an application to receive a grant for
transportation-related research to the Arkansas De-
partment of Transportation, which includes without
limitation:
(1) A brief description of the transportation-re-
lated 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 de-
partment.
(d) The department may award a grant to a
publicly funded institution of higher education using
funds available in the Future Transportation Re-
search Fund for transportation-related research
that meets the criteria established by the depart-
ment.
(e) The department and the State Highway Com-
mission 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.
CHAPTER 66
ESTABLISHMENT AND
MAINTENANCE GENERALLY
SUBCHAPTER 5 — PROTECTION OF ROAD
SURFACES
SECTION
.
27-66-501
. Classification of roads by weight of vehicles used
thereon.
27-66-502
. License required for use of rough metal tires.
27-66-503
. Penalty.
27-66-504
. Civil liability.
27-66-505
. Prohibition on use of heavily loaded vehicles during
emergencies.
27-66-506
. [Repealed.]
27-66-507
. Bond for driving heavy oil and gas equipment.
27-66-501. Classification of roads by weight of
vehicles used thereon.
(a) Exclusive of city streets, state highways, or
interstates, a county judge may post weight limits
on public bridges in his or her jurisdiction in connec-
tion with federally mandated bridge inspections.
(b) Posted weight limit signs shall be in accor-
dance with state and federal law.
(c)(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 contriv-
ance 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 ve-
hicle, an object, or a contrivance under an over-
weight permit issued by the Arkansas Department
of Transportation is exempt from penalty under
subdivision (c)(1) of this section.
(d) A violation of this section is a Class C misde-
meanor.
(e) Even if authorized by an overweight permit
issued by the Arkansas Department of Transporta-
tion, 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, driv-
ing, or moving of a vehicle, an object, or a contriv-
ance; 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,
441 27-66-501ESTABLISHMENT AND MAINTENANCE
§§ 76-122, 76-123; Acts 2007, No. 453, § 1; 2009, No. 483, § 7;
2017, No. 707, §§ 380, 381.
27-66-502. License required for use of rough
metal tires.
The using, driving, or operating upon any im-
proved hard-surfaced public highway of this state of
any tractor, truck, automobile, or other vehicle hav-
ing corrugated, spiked, jointed, or other rough-sur-
faced metal tires is prohibited without first procur-
ing 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.
27-66-503. Penalty.
Any person violating § 27-66-502 or, after publi-
cation of the notices required above, using, driving,
or operating on any road or highway any vehicle,
loaded or empty of greater weight than that de-
scribed 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-
501 — 27-66-504, 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) loca-
tion 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 improve-
ment 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.
(a) 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 ele-
ments 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 emer-
gency has passed.
(b) 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 court-
house 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 practi-
cable. 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.
(c) 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.
(a) 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 munici-
pality, as the case may be, to cover anticipated
damages to the county roads or municipal streets.
(b) The bond shall be in an amount determined by
the county road foreman and supervisor or by the
municipal street department or appropriate munici-
pal street official to be sufficient to repair damage
caused to the roads or streets by operating the
equipment on them.
44227-66-502 TRANSPORTATION
History. Acts 1985, No. 608, § 1; A.S.A. 1947, § 76-146; Acts
1987, No. 44, § 1.
CHAPTER 67
STATE HIGHWAY SYSTEM
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. HIGHWAY DESIGNATION, CONSTRUCTION, AND MAINTENANCE.
3. ACQUISITION, CONDEMNATION, AND DISPOSITION OF PROPERTY.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-67-101
. Policy.
27-67-102
. Jurisdiction of county court.
27-67-103
. Penalties.
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.
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 impor-
tant 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.
27-67-103. Penalties.
Any person who shall knowingly or willfully ne-
glect 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 pun-
ished 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.
S
UBCHAPTER 2 — HIGHWAY DESIGNATION,
C
ONSTRUCTION, AND MAINTENANCE
SECTION
.
27-67-201
. Designation generally.
27-67-202
. Truck route designations.
27-67-203
. Scenic highway designations.
27-67-204
. Designation of roads in and connected to state parks —
Definition.
27-67-205
. Designation of roads to municipal airports.
27-67-206
. New construction generally — Definitions.
27-67-207
. Maintenance generally.
27-67-208
. Purchase of materials — Bids.
27-67-209
. Priority of native resources used in construction and
maintenance.
27-67-210
. Sales and severance tax exemption — Sand and gravel.
27-67-211
. Interference with traffic control devices or barricades
— Definition.
27-67-212
. Changing or widening roads — Role of county court.
27-67-213
. Fog lines — White stripes on road edges.
27-67-214
. Construction and maintenance of railroad crossings.
27-67-215
. Maintenance of detour roads.
27-67-216
. Repair of county roads damaged in construction or
maintenance of state highway.
27-67-217
. Direction signs to institutions of higher education.
27-67-218
. Digging up highways without authorization.
27-67-219
. John Paul Hammerschmidt Highway.
27-67-220
. The Highway of Hope.
27-67-221
. Authority of Arkansas Department of Transportation
to inform amateur radio operators of high fre-
quency radio repeaters.
27-67-222
. State police officer highway dedication program —
Definition.
27-67-223
. Rock ‘n’ Roll Highway 67.
27-67-224
. The Arkansas Wine Country Trail.
27-67-225
. The Gold Star Families Highway.
27-67-226
. Delta Rhythm & Bayous Highway.
27-67-227
. Arkansas Delta highway designations — Legislative
findings.
27-67-228
. Construction project information signs — Definitions.
27-67-201. Designation generally.
(a) State highways are declared to be those pri-
mary 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 incorpo-
rated towns and cities. The commission is required
to preserve the map as a permanent record.
(b) The commission is empowered, with any nec-
essary 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.
443 27-67-201STATE HIGHWAY SYSTEM
27-67-202. Truck route designations.
(a) 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.
(b) Any truck route so established shall become a
part of the state highway system, and the Arkansas
Department of Transportation shall construct, re-
pair, and maintain the truck route.
History. Acts 1953, No. 323, § 1; A.S.A. 1947, § 76-549; Acts
2017, No. 707, § 383.
27-67-203. Scenic highway designations.
(a) The following highways and designated parts
of highways within the State of Arkansas are desig-
nated as scenic highways:
(1) U.S. 65 from the Louisiana line to the Mis-
souri line;
(2) U.S. 71 from the Louisiana line to the Mis-
souri line;
(3) U.S. 82 from the Mississippi River to Texar-
kana;
(4) U.S. 270 from U.S. 71 to Hot Springs;
(5) I-30 from Little Rock to U.S. 70 west of Ben-
ton, 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 Okla-
homa 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 High-
way 1; Highway 1 from its intersection with High-
way 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 inter-
section 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
44427-67-202 TRANSPORTATION
County and ending at its intersection with State 25
in Black Rock; and State 25 beginning at its inter-
section 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 Cara-
way Road to Matthews Avenue, then west on Mat-
thews 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 Av-
enue 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 intersec-
tion 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 Mountain-
burg 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; and
(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.
(b)(1) It shall be the responsibility of the Arkan-
sas Department of Transportation to place appropri-
ate 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.
(c) 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.
27-67-204. Designation of roads in and con-
nected to state parks — Definition.
(a) The State Highway Commission shall include
as a part of the state highway system the most used
445 27-67-204STATE HIGHWAY SYSTEM
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 estab-
lished state highways.
(b) The provisions of this section shall be appli-
cable to all state parks which are now or may
hereafter be placed under the control and direction
of the Department of Parks and Tourism.
(c) It shall be the duty of the commission to
provide for maintenance and repairs of these roads
as provided for other state highways.
(d)(1) The Arkansas Department of Transporta-
tion is authorized to construct and maintain public
parking areas and parking facilities at the respec-
tive 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 and Tourism shall
study the needs for public parking areas and park-
ing 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 and
Tourism in the construction and maintenance of
such facilities.
(e)(1) Notwithstanding any law to the contrary
the Department of Parks and Tourism is permitted
by regulation to authorize the use of motorized
scooters on roads within areas under the control and
management of the Department of Parks and Tour-
ism.
(2) As used in this section, “motorized scooter”
means a two-wheeled device that:
(A) Has handlebars;
(B) Can be stood or sat upon by the operator;
(C) Is powered by an electric, gasoline, or alco-
hol-fueled motor capable of propelling the device
with or without human propulsion;
(D) Has a top speed of twenty miles per hour
(20 m.p.h.); and
(E) 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 lim-
ited 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.
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 air-
craft.
History. Acts 1971, No. 248, §§ 1-3; A.S.A. 1947, §§ 76-557 —
76-559; Acts 2015, No. 590, § 1.
27-67-206. New construction generally —
Definitions.
(a) 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.
(b) The commission shall begin the work of con-
struction in those counties in which the roads em-
braced in the state highway system have not been
constructed by improvement districts, or in which
only a small portion of roads have been so con-
structed. The commission shall continue construc-
tion 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 dis-
tributed throughout the counties so as to maintain
the parity as far as practical.
(c) All new construction work shall be done by
contract, and all contracts for the work shall be let to
the lowest responsible bidder.
(d) The commission shall have the right to reject
any or all bids.
(e) No contract in excess of ten thousand dollars
($10,000) shall be let without advertising for bids.
However, the commission may enter into agree-
ments 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 flash-
ing light signals or other types of railroad highway
grade crossing protective devices and work neces-
sary to be performed by the railroads in conjunction
with the construction of grade elimination struc-
tures on force account or day labor basis when the
work incurred is financed with federal funds in
whole or in part.
(f) 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.
(g) 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
44627-67-205 TRANSPORTATION
United States Government bonds, state highway
bonds or notes, or valid bonds of any road improve-
ment district referred to in Acts 1929, No. 65, § 19
[repealed], in an amount equal to twenty-five per-
cent (25%) of the amount of the contract to be held in
escrow as collateral security for the performance of
the contract.
(h) Where the commission is of the unanimous
opinion that any particular piece of work may be
done more economically with state forces, the com-
mission may proceed to do the particular construc-
tion work with state forces.
(i) The commission may let contracts for the con-
struction of necessary bridges on the state highways
to be paid for out of the State Highway and Trans-
portation Department Fund.
(j)(1) As used in this subsection:
(A) “Authorized entity” means a company, firm,
partnership, corporation, association, joint ven-
ture, or other legal entity, including a combination
of any of these entities, that makes a proposal
under this subsection;
(B) “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
(C) “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:
(A) Establish written procedures and regula-
tions for the procurement of:
(i) Qualification-based, design-build services
and for administering design-build project con-
tracts;
(ii) Qualification-based, design-build finance
services and for administering a design-build fi-
nance project contract; and
(iii) An agreement for a concession;
(B) Receive solicited and unsolicited proposals
for a project proposed under this subsection by an
authorized entity;
(C) Award a project contract on a qualification
basis that offers the greatest value for the state;
and
(D) Contract with an authorized entity to de-
sign, 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.
27-67-207. Maintenance generally.
(a) As used in this chapter, unless the context
otherwise requires, “maintenance” means the con-
stant 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.
(b) 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.
(c) 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 neces-
sary to perform the work.
(d) The commission may make all necessary con-
tracts, 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 mate-
rial 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.
(a) 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.
(b) Whenever upon investigation the commission
shall find that suitable materials produced, mined,
or manufactured in the State of Arkansas can be
447 27-67-209STATE HIGHWAY SYSTEM
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 Transporta-
tion, 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 pro-
ducer 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.
27-67-211. Interference with traffic control
devices or barricades — Definition.
(a) 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.
(b) If a traffic control device or barricade is placed
or erected to close a public highway under the
authority of the Arkansas Department of Transpor-
tation 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.
(c) A violation of this section is punishable by a
fine of not more than one hundred dollars ($100).
(d) A person convicted under this section shall:
(1) Pay restitution in an amount equal to the
actual cost of the emergency response and the re-
placement of any damaged or lost emergency equip-
ment; 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.
27-67-212. Changing or widening roads —
Role of county court.
(a) The State Highway Commission may call
upon the county court to change or widen, in the
manner provided by § 14-298-121, any state high-
way in the county where the state highway engineer
deems it necessary for the purpose of constructing,
improving, or maintaining the road.
(b) In the event the county court should refuse to
widen the road as requested, the commission may
refuse to construct, improve, or maintain that por-
tion of the road until a suitable right-of-way is
provided.
(c) This section and § 14-298-120 shall be cumu-
lative 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.
27-67-213. Fog lines — White stripes on road
edges.
(a) The Arkansas Department of Transportation
shall paint and maintain white stripes not less than
four inches (49) 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.
(b) 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.
27-67-214. Construction and maintenance of
railroad crossings.
(a) It shall be the duty of the members of the
State Highway Commission and of the state high-
way engineers, on all trips in the state, to particu-
larly observe crossings of railroads on state high-
ways.
(b) 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 foun-
dation and surface as that in the adjoining portions
of the roadway and to maintain such crossings in a
good state of repair.
(c) The commission shall have power and author-
ity 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.
(d) The commission may join with any railroad
company in construction or paying not exceeding
fifty percent (50%) of the cost of constructing any
44827-67-210 TRANSPORTATION
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.
27-67-215. Maintenance of detour roads.
(a)(1) When the Arkansas Department of Trans-
portation 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 depart-
ment, as may equal, in the judgment of the depart-
ment, 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.
(b) 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.
(c) 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.
27-67-216. Repair of county roads damaged in
construction or maintenance of state high-
way.
The Arkansas Department of Transportation is
authorized to make any necessary repairs to a
county road to restore the road to its former condi-
tion 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.
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.
27-67-218. Digging up highways without au-
thorization.
(a) 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.
(b)(1) All work shall be done in accordance with
the rules and regulations 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.
(c)(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.
27-67-219. John Paul Hammerschmidt High-
way.
(a) U.S. 71 from the I-40 intersection to the Mis-
souri line shall be designated as the “John Paul
Hammerschmidt Highway” within the State of Ar-
kansas.
(b) In addition to that portion of U.S. 71 desig-
nated the “John Paul Hammerschmidt Highway”
under subsection (a) of this section, that portion of
449 27-67-219STATE HIGHWAY SYSTEM
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.
(c) It shall be the responsibility of the Arkansas
Department of Transportation to place appropriate
highway identifying signs on the highway.
(d) 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.
27-67-220. The Highway of Hope.
(a) 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 des-
ignated “The Highway of Hope”.
(b) 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.
27-67-221. Authority of Arkansas Department
of Transportation to inform amateur radio
operators of high frequency radio repeaters.
(a) 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 exis-
tence 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.
(b)(1) The Arkansas Department of Transporta-
tion is authorized to develop and adopt the appro-
priate signs showing “TWO-METER RADIO RE-
PEATER AREA” or “AMATEUR RADIO
FREQUENCY MONITORED” for use in the desig-
nated 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 moni-
tored by local radios.
(3)(A) 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.
(B)(i) The Arkansas Department of Transporta-
tion is authorized to enter into an agreement with
the participants to recover those costs.
(ii) The Arkansas Department of Transporta-
tion is authorized to prepare and furnish the signs
to the local participating radio clubs or operators
at cost.
(iii) The Arkansas Department of Transporta-
tion is further authorized to erect and maintain
the signs at no cost to the local radio clubs or
operators.
(c)(1) The Arkansas Department of Transporta-
tion 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 inter-
est and shall inform the Arkansas Department of
Transportation of the radio frequencies which are
monitored in its immediate area and the time peri-
ods during which they are monitored.
(d)(1) The Arkansas Department of Transporta-
tion 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.
(e) The Director of State Highways and Transpor-
tation shall have the authority to promulgate any
necessary rules and regulations to implement this
section and establish any conditions and guidelines
for participation by any local amateur radio opera-
tors or clubs.
History. Acts 1995, No. 1100, §§ 1-4; 2017, No. 707, § 393.
27-67-222. State police officer highway dedi-
cation program — Definition.
(a)(1) “State police officer” means any employee of
the Department of Arkansas State Police who holds
the rank of state trooper or higher rank, including
the Director of the Department of Arkansas State
Police.
(2) The term “state police officer” does not include
any:
(A) Civilian employee of the department; or
(B) Person who is temporarily employed as a
state trooper during an emergency.
(b) 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.
(c) The Arkansas Department of Transportation
shall designate a one-mile portion of a highway as
the “Trooper ________________________________ Me-
morial Highway” by placing and maintaining appro-
priate 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.
45027-67-220 TRANSPORTATION
27-67-223. Rock ‘n’ Roll Highway 67.
(a) The route along Highway 67 through Jackson
County, Lawrence County, Randolph County, and
White County regularly traveled by the great leg-
ends of early rock ‘n’ roll is hereby designated “Rock
‘n’ Roll Highway 67”.
(b) The Arkansas Department of Transportation
shall erect appropriate signs along Highway 67
through Jackson County, Lawrence County, Ran-
dolph 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.
27-67-224. The Arkansas Wine Country Trail.
(a)(1) To provide more detailed directions on high-
ways, roads, and streets to agritourism vineyards
and wineries in the State of Arkansas, the Arkansas
Wine Country Trail is established.
(2)(A) The Arkansas Wine Country Trail shall
include the highways, roads, and streets that lead
to the wineries permitted by the Alcoholic Bever-
age Control Division of the Department of Finance
and Administration that produce wine from Ar-
kansas-grown fruits and vegetables.
(B) The Arkansas Department of Transporta-
tion shall determine the location of the Arkansas
Wine Country Trail in consultation with the De-
partment of Parks and Tourism.
(3) A winery is eligible to have signs near its
facility if it:
(A) Is a winery permitted by the division; and
(B) Offers tours.
(4) The signs shall be of size and shape and of
materials designated by the Arkansas Department
of Transportation in consultation with the Depart-
ment of Parks and Tourism.
(b)(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 Transpor-
tation, a directional arrow, and one (1) of the follow-
ing phrases:
(A) “Winery Tours”;
(B) “Winery and Vineyard Tours”;
(C) “Wine Cellar Tours”; or
(D) “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 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.
27-67-225. The Gold Star Families Highway.
(a) The route along Highway 163 North from its
intersection with Highway 42 to its intersection
with Highway 310 is designated the “Gold Star
Families Highway” to honor Arkansas’s fallen ser-
vice members who have served this great country in
the United States Armed Forces and their families.
(b) The Arkansas Department of Transportation
shall erect appropriate signs along Highway 163
North from its intersection with Highway 42 to its
intersection with Highway 310 designating the
route as “Gold Star Families Highway”.
History. Acts 2015, No. 956, § 1; 2017, No. 707, § 397.
27-67-226. Delta Rhythm & Bayous Highway.
(a) The route along U.S. Highway 65 South from
Pine Bluff, Arkansas, to the border between Arkan-
sas and Louisiana is designated the “Delta Rhythm
& Bayous Highway”.
(b) 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.
(c) 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.
27-67-227. Arkansas Delta highway designa-
tions — Legislative findings.
(a) 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 Arkan-
sas Delta, including:
451 27-67-227STATE HIGHWAY SYSTEM
(A) Johnny Cash;
(B) Levon Helm:
(C) Louis Jordan; and
(D) 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 twenti-
eth 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.
(b) The route along Highway 17 from Dyess, Ar-
kansas, to Wilson, Arkansas, where the boyhood
home of Johnny Cash is located, is designated the
“Johnny Cash Memorial Highway”.
(c) The route along U.S. Highway 49 from Mar-
vell, Arkansas, to Helena, Arkansas, where the
boyhood home of Levon Helm is located, is desig-
nated the “Levon Helm Memorial Highway”.
(d) The route along U.S. Highway 49 from Brin-
kley, Arkansas, the birthplace of Louis Jordan, to
Marvell, Arkansas, is designated the “Louis Jordan
Memorial Highway”.
(e) 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”.
(f) The route along U.S. Highway 61 from West
Memphis, Arkansas, to Blytheville, Arkansas, a re-
gion recognized for its role in the development of
Americana music, is designated the “Americana
Music Highway”.
(g) 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, Arkan-
sas, 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.
(a) 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 motor-
ists of the:
(A) Public road construction project start date
and estimated date of completion; and
(B) Job number assigned to the public road
construction project; and
(2) “Public road construction project” means the
construction, restoration, reconstruction, renova-
tion, or repair of a road, highway, bridge, overpass,
interchange, or right-of-way in which the construc-
tion, restoration, reconstruction, renovation, or re-
pair is to be performed or is initiated by the Arkan-
sas Department of Transportation or the State
Highway Commission.
(b) The department shall erect appropriate con-
struction 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 infor-
mational signs placed on the highway by the depart-
ment.
(c) 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 construc-
tion 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.
(d) The department may promulgate rules for the
administration and implementation of this section.
History. Acts 2017, No. 1070, § 2.
S
UBCHAPTER 3 — ACQUISITION,
C
ONDEMNATION, AND DISPOSITION OF
PROPERTY
SECTION
.
27-67-301
. Authority to acquire property.
27-67-302
. State highway purposes.
27-67-303
. Entry for suitability studies.
27-67-304
. Use of right-of-way.
27-67-305
. Commission discretion as to quantity of property ac-
quired.
27-67-306
. Leases.
27-67-307
. Temporary easements.
27-67-308
. Authority to compensate — Source of revenue.
27-67-309
. Venue for condemnation actions.
27-67-310
. Precedence of condemnation proceedings.
27-67-311
. Condemnation petition — Notice.
27-67-312
. Declaration of taking.
27-67-313
. Motion to strike declaration of taking.
27-67-314
. Right of entry.
27-67-315
. Title vests upon deposit.
27-67-316
. Condemnation proceedings and judgment.
27-67-317
. Payment of award.
27-67-318
. Hearing on amount of deposit.
27-67-319
. Appeal not to delay vesting of title.
45227-67-228 TRANSPORTATION
SECTION.
27-67-320
. Acquisition when county court fails to grant petition.
27-67-321
. Sale of surplus highway property.
27-67-322
. Reacquisition of surplus property by former owner —
Definition.
27-67-323
. [Repealed.]
27-67-301. Authority to acquire property.
(a) 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.
(b) 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.
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, includ-
ing 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 commer-
cially operated;
(4) For offices, shops, storage yards, or other nec-
essary or auxiliary facilities;
(5) For roadside areas or parks adjacent or adjoin-
ing or near any state highway;
(6) For the culture and support of trees and
shrubbery which benefit any state highway by aid-
ing 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 cross-
ings or intersections at grade, or any state highway;
and
(11) For the protection of the state highway sys-
tem from both physical and functional encroach-
ments of any kind.
History. Acts 1953, No. 419, § 1; A.S.A. 1947, § 76-532.
27-67-303. Entry for suitability studies.
(a) The Arkansas Department of Transportation
and its agents and employees may enter upon real
property and make surveys, examinations, photo-
graphs, 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 activi-
ties;
(2) Undertaken during reasonable daylight
hours;
(3) Accomplished peaceably and without inflict-
ing substantial injury; and
(4) Not in violation of any other statute.
(b) The entry and activities authorized by this
section do not constitute a trespass in the absence of
unnecessary damage occurring in effecting the sur-
vey or examination.
History. Acts 1979, No. 894, § 1; A.S.A. 1947, § 76-532.1; Acts
2017, No. 707, § 398.
27-67-304. Use of right-of-way.
(a) The rights-of-way provided for all state high-
ways shall be held inviolate for state highway pur-
poses, except as provided in subsections (b) and (c) of
this section. No physical or functional encroach-
ments, installations, signs other than traffic signs or
signals, posters, billboards, roadside stands, gaso-
line pumps, or other structures or uses shall be
permitted within the right-of-way limits of state
highways.
(b) Political subdivisions, rural electric coopera-
tives, rural telephone cooperatives, private televi-
sion 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 Commis-
sion, 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.
(c) 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.
27-67-305. Commission discretion as to quan-
tity of property acquired.
In connection with the acquisition of lands, prop-
erty, or interests therein for state highway purposes,
453 27-67-305STATE HIGHWAY SYSTEM
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.
(a) 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 immedi-
ately contemplated, for periods not to exceed five (5)
years, upon reasonable terms and conditions.
(b) 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.
27-67-307. Temporary easements.
(a) Temporary easements for temporary uses by
the State Highway Commission in connection with
the establishment and construction of state high-
ways may be acquired or condemned in the same
manner as fee simple estates.
(b) 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.
27-67-308. Authority to compensate — Source
of revenue.
(a) 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.
(b) 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 de-
ducted from the next payment due any county by
reason of any appropriation out of the State High-
way and Transportation Department Fund or state
revenue from gasoline as motor vehicle fuel or auto-
mobile license tax to the county or county highway
fund of the county.
(c) 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 high-
way right-of-way after it shall have been so dedi-
cated 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.
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 pro-
ceedings.
Court proceedings necessary to acquire land,
property, or property rights for state highway pur-
poses 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.
27-67-311. Condemnation petition — Notice.
(a) 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.
(b) 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 prop-
erty may be located. The proceedings had in the
circuit court will apply to all such property described
in the petition.
(c)(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 newspa-
per designated by the circuit clerk, and one (1)
written or printed notice thereof posted on the door
of the county courthouse.
(d) 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.
45427-67-306 TRANSPORTATION
(e) 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.
27-67-312. Declaration of taking.
(a) In any proceeding instituted by and in the
name of the State of Arkansas, involving the acqui-
sition 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 condem-
nation petition, declaring that the real property or
any interest therein or any easement is thereby
taken for the use of the State of Arkansas.
(b) 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.
27-67-313. Motion to strike declaration of tak-
ing.
(a) 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 re-
spect to the validity of the taking shall do so by filing
a motion to strike the declaration of taking and
dismiss the suit.
(b) 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.
(c) 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.
(a) 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.
(b) If, for any reason, the right of entry is post-
poned 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.
(c) The court shall also have the power to direct
the payment of delinquent taxes and special assess-
ments 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.
(d) The right to take possession and title in ad-
vance of final judgment in condemnation proceed-
ings 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 proceed-
ings 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.
27-67-315. Title vests upon deposit.
Immediately upon the making of the deposit pro-
vided 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.
27-67-316. Condemnation proceedings and
judgment.
(a) 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.
(b) The matter shall proceed and be determined
as in other civil cases.
(c) 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.
(d) Compensation shall be ascertained and
awarded in the proceeding and established by judg-
ment therein.
455 27-67-316STATE HIGHWAY SYSTEM
(e)(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 pay-
ment, 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.
(f) 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 re-
quired 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.
(g) 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.
27-67-317. Payment of award.
(a) 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.
(b) 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 defi-
ciency and shall award the party entitled to judg-
ment its costs, expenses, and reasonable attorney’s
fees incurred in preparing and conducting the final
hearing and adjudication, including without limita-
tion the cost of appraisals and fees for experts.
(c) If the compensation finally awarded is less
than the amount of money deposited and paid to the
persons entitled thereto, the court shall enter judg-
ment 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.
27-67-318. Hearing on amount of deposit.
(a) If, after due notice, any party in interest
should feel aggrieved at the amount of the estimated
compensation as deposited by the Arkansas Depart-
ment 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.
(b) Thereafter, the circuit court shall, in its dis-
cretion, 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.
(c) 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.
27-67-319. Appeal not to delay vesting of title.
(a) 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.
(b) 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.
(a) Where the State Highway Commission peti-
tions 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 pro-
curing 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.
(b) 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
45627-67-317 TRANSPORTATION
auto license tax to the county or county highway
fund of the county.
(c) 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.
27-67-321. Sale of surplus highway property.
(a) 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 pertain-
ing to any state highway construction or mainte-
nance contract.
(b) 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.
(c) 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 presid-
ing officer of the commission shall be prima facie
evidence of its passage and adoption.
(d) 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, inter-
est, and equity of the commission, the Arkansas
Department of Transportation, and the State of
Arkansas in and to the lands.
(e) Such deeds, when so executed, shall operate to
convey to the purchaser any and all right, title,
interest, and equity of the commission, the depart-
ment, and the State of Arkansas in and to the lands
so conveyed.
(f) 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.
27-67-322. Reacquisition of surplus property
by former owner — Definition.
(a) 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.
(b)(1)(A) The owner from whom the property was
acquired or his or her heirs, successors, or assigns
shall be notified:
(i) In writing at their last known address; or
(ii) By:
(a) 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
(b) A publication placed on the website of the
Arkansas Department of Transportation for a pe-
riod of twenty-one (21) consecutive calendar days.
(B) The newspaper publication required under
subdivision (b)(1)(A)(ii) of this section shall:
(i) Identify the real property by:
(a) Legal description consisting of job number
and tract number; and
(b) Physical address, if available; and
(ii) 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.
(C) The publication placed on the website of the
Arkansas Department of Transportation as pro-
vided under subdivision (b)(1)(A)(ii) of this section
shall contain the legal description of the real
property in metes and bounds.
(2) 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.
(3) If the option to purchase under this section
is not exercised within sixty (60) days of written
notice or publication, the State Highway Commis-
sion may proceed to dispose of the property at
public sale or by a negotiated sale.
(c)(1) When an entire right-of-way parcel is de-
clared 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.
(d)(1) When real property or a portion of the real
property held as a capital asset by the State High-
way Commission is later declared surplus, the
owner from whom the property was acquired or his
or her heirs, successors, or assigns shall be notified
457 27-67-322STATE HIGHWAY SYSTEM
as required under subdivision (b)(1)(B) of this sec-
tion.
(2) The market value of the real property and
improvements at the time the real property is de-
clared 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 sub-
section (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.
(e) 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.
(f)(1) The transfer of surplus rail and other rail-
road 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 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 de-
scribed under this subsection may be transferred by
gift or contract to a regional intermodal facilities
authority, a metropolitan port authority, or a plan-
ning and development district.
(3) The purposes of this subsection shall be satis-
fied upon:
(A) The adoption of a resolution by the State
Highway Commission that the transfer will pro-
mote the continuation of rail service, economic
development, or industrial growth; and
(B) A transfer document executed by the State
Parks, Recreation, and Travel Commission or the
Department of Parks 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.
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
SECTION
.
27-68-101
. Intent.
27-68-102
. Definition.
27-68-103
. Penalties.
27-68-104
. Powers of highway authorities generally.
27-68-105
. Design and regulation of access.
27-68-106
. Designation and establishment of facilities.
27-68-107
. Regulation of use.
27-68-108
. Acquisition of property.
27-68-109
. Agreements with other highway authorities and fed-
eral government.
27-68-110
. Jurisdiction over service roads.
27-68-111
. Service stations and commercial establishments pro-
hibited.
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 promo-
tion of the general welfare.
History. Acts 1953, No. 383, § 1; A.S.A. 1947, § 76-2201.
27-68-102. Definition.
As used in this chapter, unless the context other-
wise 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 fa-
cility or for any other reason. These highways or
streets may be freeways open to use by all custom-
ary 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.
27-68-103. Penalties.
(a) 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, sepa-
ration section, or line; or
45827-67-323 TRANSPORTATION
(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 sepa-
rates the service road from the controlled-access
facility proper.
(b) 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.
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 construc-
tion 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 author-
ity 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 facili-
ties, 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.
27-68-105. Design and regulation of access.
(a) The highway authorities of the state, counties,
cities, towns, and villages are authorized to so de-
sign any controlled-access facility and to so regulate,
restrict, or prohibit access as to best serve the traffic
for which such facility is intended.
(b) In this connection, highway authorities are
authorized to divide and separate the controlled-
access facilities into separate roadways by the con-
struction of raised curbings, central dividing sec-
tions, 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.
(c) 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.
27-68-106. Designation and establishment of
facilities.
(a) The highway authorities of the state, counties,
cities, towns, or villages may designate and estab-
lish controlled-access highways as new and addi-
tional facilities or may designate and establish an
existing street or highway as included within a
controlled-access facility.
(b) The state or any of its subdivisions shall have
authority to provide for the elimination of intersec-
tions 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.
(c) After the establishment of any controlled-ac-
cess facility, no highway or street which is not a part
of the facility shall intersect it at grade.
(d) 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 with-
out the consent and previous approval of the high-
way 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.
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.
27-68-108. Acquisition of property.
(a) 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.
(b) All property rights acquired under the provi-
sions of this chapter shall be in fee simple.
(c) In connection with the acquisition of property
or property rights for any controlled-access facility
or portion thereof, or service road in connection
459 27-68-108CONTROLLED-ACCESS FACILITIES
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 immedi-
ately needed for the right-of-way proper.
(d) Court proceedings necessary to acquire prop-
erty 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 expe-
dited.
History. Acts 1953, No. 383, §§ 5, 6; A.S.A. 1947, §§ 76-2205,
76-2206.
27-68-109. Agreements with other highway
authorities and federal government.
The highway authorities of the state, cities, coun-
ties, towns, or villages are authorized to enter into
agreements with each other or with the federal
government respecting the financing, planning, es-
tablishment, improvement, maintenance, use, regu-
lation, 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.
(a) 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.
(b) Local service roads or streets shall be of ap-
propriate 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.
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 ac-
quired 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 73
HIGHWAY SAFETY
SUBCHAPTER
.
1
. GENERAL PROVISIONS.
2. FLASHING LIGHTS NEAR HIGHWAYS.
3. NOTICE OF SMOKE OBSTRUCTING HIGHWAY.
SUBCHAPTER 1 — GENERAL PROVISIONS
SECTION
.
27-73-101
. Powers and duties of Governor.
27-73-102
. Coordinator of public safety.
27-73-101. Powers and duties of Governor.
(a) 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 avail-
able 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 enact-
ment and any and all subsequent amendments
thereto.
(b) 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.
(c) 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.
27-73-102. Coordinator of public safety.
The Governor may administer this state’s high-
way safety programs through appropriate instru-
mentalities, departments, or agencies of the state or
through a coordinator of public safety to be ap-
pointed by the Governor.
History. Acts 1967, No. 161, § 2; A.S.A. 1947, § 76-139.
S
UBCHAPTER 2 — FLASHING LIGHTS NEAR
HIGHWAYS
SECTION
.
27-73-201
. Intent.
27-73-202
. Definition.
27-73-203
. Penalty.
27-73-204
. Prohibition.
46027-68-109 TRANSPORTATION
SECTION.
27-73-205
. Exemptions.
27-73-206
. Zoning statutes subordinate.
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 oscillat-
ing, 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 hun-
dred 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.
(a) 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 impris-
oned in the county jail for not more than ninety (90)
days, or be both so fined and imprisoned.
(b) 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.
(a) 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 subchap-
ter.
(b) The provisions of this subchapter shall neither
apply to any oscillating, rotating, or flashing rail-
road signal or safety light at any railroad crossing or
upon any railroad right-of-way nor to the oscillating
headlights on any railroad locomotive.
(c) The prohibition set out in § 27-73-204 does
not apply to signs or devices with constant illumi-
nation 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 regu-
lated by this subchapter within the State of Arkan-
sas.
History. Acts 1973, No. 258, § 3; A.S.A. 1947, § 76-142.
S
UBCHAPTER 3 — NOTICE OF SMOKE
OBSTRUCTING HIGHWAY
SECTION
.
27-73-301
. Flaggers or signs required — Notice to sheriff.
27-73-302
. Action for damages.
27-73-301. Flaggers or signs required — No-
tice to sheriff.
(a)(1) Any person owning or controlling crop-
lands, rangelands, grasslands, pastures, or stubble
lands along any Arkansas state primary or second-
ary highways or along a federal or interstate high-
way 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.
461 27-73-301HIGHWAY SAFETY
(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.
(b) 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.
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 admis-
sible in the proceeding.
History. Acts 1989, No. 756, § 2.
SUBTITLE 6. BRIDGES AND
FERRIES
CHAPTER 85
GENERAL PROVISIONS
SECTION.
27-85-101
. Conservation of bridges.
27-85-101. Conservation of bridges.
It is directed that the administrators of the vari-
ous 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 pub-
lished in the Federal Register.
History. Acts 1971, No. 249, § 1; A.S.A. 1947, § 41-3364; Acts
2017, No. 707, § 430.
SUBTITLE 7. WATERCOURSES
AND NAVIGATION
CHAPTER 101
WATERCRAFT
SUBCHAPTER 3 — MOTORBOAT REGISTRATION
AND
NUMBERING
SECTION
.
27-101-301
. Identifying number required.
27-101-302
. Exceptions — Dealer’s permit.
27-101-303
. Establishment of system — Distribution.
27-101-304
. Filing of application — Issuance of certificate —
Definition.
27-101-305
. Display of number.
27-101-306
. Numbering period — Expiration — Renewal.
27-101-307
. Registration after purchase of an outboard motor.
27-101-308
. Reciprocity.
27-101-309
. Change of boat ownership.
27-101-310
. Destroyed or abandoned boats.
27-101-311
. Public records.
27-101-312
. Registration forms and certificates.
27-101-313
. Certificate of number with beneficiary — Definition.
27-101-301. Identifying number required.
Every motorboat on the waters of this state shall
be numbered. No person shall operate or give per-
mission for the operation of any motorboat on the
waters of this state unless:
(1) The motorboat is numbered:
(A) In accordance with this subchapter; or
(B) In accordance with applicable federal law;
or
(C) In accordance with a federally approved
numbering system of another state; and
(2)(A) The certificate of number awarded to the
motorboat is in full force and effect; and
(B) 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 sys-
46227-73-302 TRANSPORTATION
tem 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;
(5)(A) A motorboat used for demonstration pur-
poses or testing purposes only by a recognized
motorboat dealer or manufacturer or agent to
promote the sale or development of the motorboat.
(B) All motorboat dealers or manufacturers
wishing to obtain the benefits of this subdivision
(5) shall obtain a permit from the Revenue Divi-
sion of the Department of Finance and Adminis-
tration to operate as a motorboat dealer or manu-
facturer and for each annual license period shall
pay a fee of two dollars ($2.00) for the permit.
(C) The division may issue, subject to the rules
of the Arkansas State Game and Fish Commis-
sion, 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 demonstra-
tion or testing purposes while the motorboat is
being operated for demonstration or testing pur-
poses on the waters of this state; or
(6) 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 ad-
dress of the owner, and description and hull identi-
fication 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.
27-101-303. Establishment of system — Distri-
bution.
(a) The Arkansas State Game and Fish Commis-
sion shall establish a system of identification num-
bering for all motorboats used in this state pursuant
to this subchapter.
(b) 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 com-
mission shall be in conformity therewith.
(c) The commission shall assign to each county in
this state a block of identification numbers for
motorboats registered in each county.
(d) The identification numbers shall be assigned
to each county in the state, and it shall be the duty
of the Director 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.
History. Acts 1959, No. 453, § 4; 1963, No. 140, §§ 1, 2; A.S.A.
1947, § 21-224; Acts 1987, No. 122, § 2.
27-101-304. Filing of application — Issuance
of certificate — Definition.
(a) The owner of each motorboat for which num-
bering is required by this state shall file an applica-
tion for a number within thirty (30) calendar days
after the date of purchase with the Director of the
Department of Finance and Administration on forms
approved by the Arkansas State Game and Fish
Commission.
(b) The application shall be signed by the owner
of the motorboat and shall be accompanied by a fee
as provided in § 27-101-306, verification of the hull
identification number, and by proof of insurance
establishing that the motorboat, if it is equipped
with more than fifty horsepower (50 hp), or a per-
sonal watercraft, is covered by a liability insurance
policy issued by an insurance company authorized to
do business in this state.
(c)(1) On and after January 1, 2017, the Depart-
ment of Finance and Administration shall not issue,
renew, or update ownership information for a certifi-
cate 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.
(d) 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 motor-
boat to the Boating Law Administrator of the Arkan-
sas 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 com-
pliance with 33 C.F.R. Part 181, Subpart C, as in
effect on January 1, 2017.
(e)(1) Upon receipt of the application in approved
form, accompanied by proof that the motorboat has
been assessed or listed for assessment and, if it is
equipped with more than fifty horsepower (50 hp), or
is personal watercraft, is covered by a liability
insurance policy issued by an insurance company
authorized to do business in this state, the director
shall enter the application upon the records of his or
her office and issue to the applicant a certificate of
number stating the number awarded to the motor-
boat and the name and address of the owner.
463 27-101-304WATERCRAFT
(2)(A) 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 mo-
torboat or personal watercraft coverage furnished
to the insured by the insurance company which
can be conveniently carried in the motorboat or
personal watercraft.
(B) Insurance companies shall not be required
to provide proof of insurance that may be conve-
niently carried as required in subdivision (e)(2)(A)
of this section if the insurance coverage is pro-
vided as part of a homeowner’s insurance policy.
(C) As used in this section, “acceptable elec-
tronic format” means an electronic image pro-
duced 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.
(D) The presentment of proof of insurance in an
acceptable electronic format does not:
(i) Authorize a search of any other content of an
electronic device without a search warrant or
probable cause; or
(ii) Expand or restrict the authority of a law
enforcement officer to conduct a search or investi-
gation.
(f)(1) The certificate of number shall be issued in
triplicate with the original copy to be furnished the
owner of the motorboat.
(2) The duplicate shall be retained as a record by
the director.
(3) The triplicate copy shall be furnished to the
commission to be retained for a period of five (5)
years.
(g)(1) The certificate of number shall be pocket-
sized and shall be available at all times for inspec-
tion on the motorboat for which it is issued when-
ever the motorboat is in operation.
(2)(A) If a certificate of number is lost, mutilated,
or becomes illegible, the owner of the motorboat
for which the certificate was issued shall immedi-
ately apply for and may obtain a duplicate or a
replacement certificate upon the applicant’s fur-
nishing information satisfactory to the depart-
ment.
(B) The application for a duplicate or replace-
ment certificate of number to replace the original
certificate of number shall be accompanied by a
fee of one dollar ($1.00).
(h) 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 number-
ing system required by this subchapter and the
commission shall be in conformity therewith.
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.
27-101-305. Display of number.
(a)(1) The owner shall procure and attach to each
side of the bow of the motorboat numbers conform-
ing to the certificate of number issued to the owner
by the Director of the Department of Finance and
Administration.
(2) The numbers to be procured and attached
shall be at least three inches (39) 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 pre-
scribed by the rules and regulations of the Arkansas
State Game and Fish Commission in order that they
may be clearly visible.
(b) The numbers shall be maintained in legible
condition.
(c) 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 oth-
erwise displayed on either side of the bow of the
motorboat.
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.
27-101-306. Numbering period — Expiration
— Renewal.
(a) The certificates of numbers issued pursuant to
subchapters 1-3 of this chapter may be for a period of
three (3) years.
(b) The Director 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 renew-
able as uniformly as practicable throughout each of
the twelve (12) months of the license year in each
year.
(c) Upon request, the director shall assign to any
owner of two (2) or more boats the same registration
period.
(d)(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.
46427-101-305 TRANSPORTATION
(2) The fee to be collected for certificates shall be
as follows:
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
(e) Notice shall be given to the Arkansas State
Game and Fish Commission of each certificate of
number renewed and of the transfer of any certifi-
cate of number.
(f) 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 accor-
dance with the provisions of this subchapter.
(g) 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
payment of the fee as set forth in this section except
that the certificate of a motorboat shall not be
renewed if it is equipped with more than fifty
horsepower (50 HP) or is personal watercraft unless
proof is presented that it is covered by a liability
insurance policy issued by an insurance company
authorized to do business in this state.
(h) 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.
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.
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 Depart-
ment of Finance and Administration.
History. Acts 1973, No. 395, § 2; A.S.A. 1947, § 21-249.
27-101-308. Reciprocity.
(a) 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).
(b) 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 addi-
tional or substitute number shall be issued.
History. Acts 1959, No. 453, § 4; 1963, No. 140, § 1; A.S.A. 1947,
§ 21-224.
27-101-309. Change of boat ownership.
(a) Should the ownership of a motorboat change,
the new owner shall file an application with the
Director of the Department of Finance and Admin-
istration for the transfer of the certificate of opera-
tion of the motorboat to the new owner within thirty
(30) calendar days after the date of the ownership
change.
(b) Upon receipt of the application, the director
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.
(c) The application for transfer of the certificate of
number shall be accompanied by a fee of two dollars
($2.00).
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.
27-101-310. Destroyed or abandoned boats.
(a) Whenever any motorboat numbered under the
provisions of this subchapter shall be destroyed or
abandoned, its owner shall notify the Director of the
Department of Finance and Administration within
fifteen (15) days after the destruction or abandon-
ment, and the certificate of number of the motorboat
shall be terminated.
(b) The director shall notify the Arkansas State
Game and Fish Commission of the termination of
any certificate of number.
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.
27-101-311. Public records.
All records of the Revenue Division of the Depart-
ment 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 certifi-
cates.
All necessary registration certificates and other
forms required by this chapter shall be furnished to
465 27-101-312WATERCRAFT
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 benefi-
ciary — Definition.
(a) As used in this section:
(1)(A) “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.
(B) “Beneficiary” does not include a business,
firm, partnership, corporation, association, or any
other legally-created entity;
(2) “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;
(3) “Motorboat” means a boat registered and
numbered under this chapter; and
(4)(A) “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.
(B) “Owner” does not include a business, firm,
partnership, corporation, association, or any other
legally-created entity.
(b) 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 Divi-
sion of the Department of Finance and Administra-
tion 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.
(c)(1) To obtain a certificate of number with ben-
eficiary, 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 infor-
mation in the application:
(A) Whether the applicant seeks to add, re-
move, or change a beneficiary;
(B) The full legal name of the beneficiary;
(C) The Social Security number of the benefi-
ciary;
(D) The address of the beneficiary;
(E) The identification number of the motorboat;
(F) The year, make, model, and length of the
motorboat;
(G) The printed full legal name of the owner of
the motorboat;
(H) The Arkansas driver’s license or identifica-
tion card number for the owner of the motorboat;
and
(I) The signature of the owner of the motorboat.
(3) The owner shall include the following with the
application:
(A) The certificate of number for the motorboat
issued under this chapter;
(B) The certificate of number application fee as
provided under § 27-101-306; and
(C) The certificate of number with beneficiary
application fee of ten dollars ($10.00).
(4)(A) 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.
(B) The fee shall be credited as supplemental
and in addition to all other funds as may be
deposited for the benefit of the division.
(C) The fee shall not be considered or credited
to the division as direct revenue.
(d) 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 motor-
boat as a tenant in common with another person.
(e) 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.
(f) 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:
(A) 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
(B) Filing an application with the division to
remove or change a beneficiary as provided under
subsection (c) of this section.
(g) Except as provided in subsection (f) of this
section, the designation of the beneficiary in a cer-
tificate 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.
(h) 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.
(i)(1)(A) 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 surviv-
46627-101-313 TRANSPORTATION
ing owners, to the beneficiary if the surviving
owner or beneficiary presents the following:
(i) Proof of death of the owner that includes a
death certificate issued by the state or a political
subdivision of the state;
(ii) Surrender of the outstanding certificate of
number with beneficiary; and
(iii) Application and payment of the certificate
of number fee for the motorboat.
(B) A certificate of number issued under this
subsection will be subject to any existing security
interest.
(2) 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.
(j) 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.
(k) The procedures and fees under § 27-101-
304(g)(2) shall apply for obtaining a duplicate cer-
tificate with beneficiary.
(l) The division may promulgate rules for the
administration of this section.
History. Acts 2011, No. 335, § 5.
467 27-101-313WATERCRAFT
469
ARKANSAS STATE HIGHWAY COMMISSION REGULATIONS
MINUTE ORDER REVISIONS
ACCESS DRIVEWAYS
98-055
WHEREAS, the Commission continues to receive
requests for additional access points on controlled
access facilities, and additional median openings on
four-lane divided facilities; and
WHEREAS, Department staff have prepared a
review of Department practice regarding these is-
sues; and
WHEREAS, the Commission has determined that
the Department’s practices relating to access control
and median opening spacing are appropriate:
NOW THEREFORE, the Commission does hereby
adopt the access control and median opening criteria
shown on the attached sheet as policy for future
projects involving these issues.
2017-006
WHEREAS, The Arkansas State Highway Com-
mission has adopted and published Regulations for
Access Driveways to State Highways as directed by
Statute; and
WHEREAS, certain changes in the regulations
are necessary and desirable; and
WHEREAS, Amendment 42 of the Arkansas Con-
stitution, and Arkansas Code Annotated 27-65-107,
provide authority for the Arkansas State Highway
Commission to adopt and amend these regulations;
and
WHEREAS, the proposed Rules for Access Drive-
ways to State Highways were made available for
public comment from October 28, 2016 through
November 28, 2016, during which time no public
comments were received for consideration;
NOW THEREFORE, the Regulations for Access
Driveways to State Highways as authorized by Stat-
ute, and adopted, published and amended under
direction of Commission Minute Order 89-101 of
March 22, 1989, are rescinded and the attached
Rules for Access Driveways to State Highways are
adopted in their stead.
FURTHERMORE, the Director is authorized to
submit the final Rules for Access Driveways to State
Highways to the Administrative Rules and Regula-
tions Subcommittee of the Arkansas Legislative
Council for its review and approval.
COMMERCIAL MOTOR CARRIERS
90-367
WHEREAS, Arkansas Act 397 of the Acts of the
General Assembly of the State of Arkansas for 1955,
as amended, (‘‘Arkansas Motor Carrier Act, 1955’’)
states, in part, ‘‘It shall be the duty of the Commis-
sion... to administer, execute, and enforce all other
provisions of this Act; to make all necessary orders
in connection there with, and to prescribe rules,
regulations, and procedures for such administra-
tion, and further states, in part, ‘‘The Commission
shall name and designate enforcement officers
charged with the duty of policing and enforcing the
provisions of the Act and such enforcement officers
shall have the authority to make arrests for viola-
tion of any court, the Commission, its secretary or
any employee authorized to issue same, and to this
end shall have full authority, with jurisdiction
within the entire State of Arkansas. Such enforce-
ment officers upon reasonable belief that any motor
vehicle is being operated in violation of any provi-
sions of this Act, shall be authorized to require the
driver thereof to stop and exhibit the registration
certificate issued for such vehicle, to submit to such
enforcement officer for inspection any and all bills of
lading, waybills, invoices or other evidences of the
character of the lading being transported in such
vehicle and to permit such officer to inspect the
contents of such vehicle for the purpose of evidence
of ownership or of transportation for compensation.
It shall be the further duty of such enforcement
officers to impound any books, papers, bills of lading,
waybills and invoices which would indicate the
transportation service being performed is in viola-
tion of this Act, subject to the further orders of the
Court having jurisdiction over the alleged violation;
and
WHEREAS, Arkansas Act 153, of the Acts of the
General Assembly of the State of Arkansas for the
1st Extraordinary Session of 1989, states, in part,
‘‘On and after the effective date of this Act, the
Transportation Safety Agency shall cease to exist,
and all authority, rights, powers, duties, privileges
and jurisdiction of the Transportation Safety
Agency, now prescribed by Sections 1 and 2 of Act
572 of 1987 and other laws, including, but not
limited to, the regulation of transportation for com-
pensation, safety of operation of public carriers, the
highway safety program authorized by Act 161 of
1967 or Arkansas Code Annotated § 27-73-102, 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 High-
way and Transportation Department as fully as if so
named in any law or laws of this State and are
hereby transferred to said Department,’’ and further
states, in part, ‘‘On and after the effective date of
this Act, the Transportation Regulatory Board of the
Transportation Safety Agency shall cease to exist
and all regulatory functions, powers and duties of
the Transportation Regulatory Board of the Trans-
47098-055 HIGHWAY COMMISSION REGULATIONS
portation Safety Agency now prescribed by Section 1
of Act 572 of 1987 and other laws of this State are
hereby expressly conferred upon and transferred to
the Arkansas State Highway Commission’’.
NOW THEREFORE, let it be known that the
Arkansas Highway Commission hereby names and
appoints solely the law enforcement officers of the
Arkansas Highway Police Division of the Arkansas
State Highway and Transportation Department
whom the Chief of the Arkansas Highway Police
Division finds qualified to enforce all provisions of
these Acts, and make arrests for violation(s) and/or
noncompliance with these Acts, as provided. Fur-
thermore, the Chief of the Arkansas Highway Police
Division shall keep a current list on file in his office
of all officers authorized to enforce, police, and make
arrests under the provisions of these Acts.
96-068
WHEREAS, the Arkansas State Highway and
Transportation Department Drug And Alcohol Test-
ing Policy was adopted in Minute Order 94 286; and,
WHEREAS, the Policy as adopted does not define
commercial motor vehicle; and,
WHEREAS, for purposes of clarification it is nec-
essary to amend the existing Policy and define
commercial motor vehicle as follows:
Section I. Definitions
Commercial motor vehicle means any self-propelled
or towed vehicle used by the Arkansas State High-
way and Transportation Department that has a
gross vehicle weight rating or gross combination
weight rating of 18,001 or more pounds. This De-
partment policy is more restrictive than the DOT
mandate.
NOW THEREFORE, BE IT RESOLVED, that the
definition of commercial motor vehicle set forth
above is hereby adopted, and the Arkansas State
Highway And Transportation Department Drug And
Alcohol Testing Policy is hereby amended to add
Section I incorporating the definition.
97-130
WHEREAS, Arkansas Code Annotated (§ 27-23-
119 provides that regulations authorizing any waiv-
ers of commercial drivers licenses shall be formally
adopted; and
WHEREAS, the Arkansas State Highway Com-
mission is the agency responsible for making and
promulgating such regulations; and
WHEREAS, the Commission by Minute Order
90-063, adopted March 14, 1990, established ‘‘Com-
mercial Drivers License Regulations’’ which waived
such licensing requirements for certain classes of
drivers; and
WHEREAS, the Federal Highway Administration
recently adopted regulations which permit the en-
largement of those classes of drivers to include
drivers employed by eligible units of local govern-
ment operating commercial motor vehicles for the
purposes of removing snow or ice from a roadway;
NOW THEREFORE, the Arkansas State Highway
Commission hereby revises the ‘‘Commercial Driv-
ers License Regulations’’ adopted by Minute Order
90-063 and establishes and adopts the attached
‘‘Commercial Driver License Regulations.’’
Rule 17.1 GENERAL SAFETY REQUIREMENTS
All rules and safety regulations now or hereafter
prescribed and adopted by the U.S. Department of
Transportation, Federal Highway Administration,
applicable to motor vehicles under the Federal Mo-
tor Carrier Safety Regulations as found in 49 C.F.R.
Parts 383 through 399, not in conflict with the laws
of the State of Arkansas, are hereby adopted and
prescribed as the safety rules and regulations appli-
cable to the intrastate operations of motor vehicles
under the jurisdiction of this Commission. Notwith-
standing the above, the rules and regulations gov-
erning the filing of insurance/surety for the public,
specifically 49 C.F.R. Part 387.15 and 49 C.F.R. Part
387.35, shall not apply to those carriers having only
Arkansas intrastate authority; in that case, those
intrastate only carriers shall maintain the mini-
mum limits set out in Rule 13.1 and HM Rule 1.4 of
these rules.
Rule 17.3 SPLASH GUARD REQUIREMENTS
All trailers, trucks, truck/tractors, and/or semi-
trailers with a gross vehicle weight rating (GVWR)
exceeding 10,000 pounds operated over the high-
ways of the State of Arkansas, subject to the juris-
diction of this Commission, shall have attached
thereto a splash apron (mud flaps) of flexible mate-
rial directly to the rear of the rearmost wheels,
hanging perpendicularly at right angles to the body
of the vehicle, and parallel with the rearmost axle;
said apron shall be of such size, weight, and sub-
stance as to prevent the bulk of the spray or other
substance picked up from the roadway from being
thrown on the windshield of a following vehicle.
HM Rule 1.2 Adoption of DOT Regulations
Every carrier of hazardous materials shall comply
with the regulations of the United States Depart-
ment of Transportation, Materials Transportation
Bureau, as compiled in 49 C.F.R. § 100-199, as
amended, which regulations, for the purposes of
these rules, shall apply to intrastate transportation
as well as interstate transportation and in each
instance in such federal regulations where the word
‘‘interstate’’ is used, such word also shall, for the
purpose of these rules, be construed as including
intrastate transportation.
LOGO SIGNS
2003-160
WHEREAS, the Arkansas Highway Commission
desires to promote economic development in the
State by expanding the Specific Service Signs (Logo)
program to include attractions; and
WHEREAS, in cooperation with the Arkansas
471 2003-160HIGHWAY COMMISSION REGULATIONS
Department of Parks and Tourism, the Policy for
Erection of Specific Service Signs (Logos) has been
revised to include attractions and to define the role
of the Department of Parks and Tourism in deciding
which attractions will be approved; and
WHEREAS, the Policy for Erection of Specific
Service Signs (Logos) has been revised to conform to
the latest edition of the Manual on Uniform Traffic
Control Devices.
NOW THEREFORE, the Director is authorized to
submit the attached Policy for Erection of Specific
Service Signs (Logos) for approval by the Adminis-
trative Rules and Regulations Subcommittee of the
Arkansas Legislative Council and to erect attraction
Logo signs statewide.
2011-037
WHEREAS, permit fees associated with the De-
partment’s regulation of outdoor advertising have
not increased since 1967; and
WHEREAS, permit fees associated with the De-
partment’s administration of specific service, or
LOGO, sign programs have not increased since
1987; and
WHEREAS, the Department’s goal has been for
the administration of these programs to be cost-
neutral; and
WHEREAS, the administration of these programs
now costs more than the revenue generated in
permit fees.
NOW THEREFORE, the Director is authorized to
increase the billboard permit fees to $65 for an
application and $35 for biennial renewal, and to
increase the LOGO permit fees to $35 for an appli-
cation, $80 per sign for installation, and $200 per
sign annually for renewal.
FURTHERMORE, the Director is authorized to
review the costs and revenue associated with admin-
istering these programs biennially to determine if
additional fee increases are warranted.
OUTDOOR ADVERTISING
2004-008
WHEREAS, Minute Order No. 81-273 provided
that the Director shall designate a hearing officer to
conduct and preside at administrative hearings con-
cerning outdoor advertising devices and to conduct a
hearing in accordance with the Arkansas Adminis-
trative Procedure Act;
WHEREAS, a question has arisen concerning the
authority of the designated Hearing Officer to ren-
der decisions related to applications for outdoor
advertising devices;
WHEREAS, in the interest of clarifying the au-
thority of the designated Hearing Officer as set forth
in Minute Order No. 81-273, the Commission affirms
the following:
(1) That Minute Order No. 81-273 directed the
Director or designee to conduct a hearing and decide
for the agency all issues related to administrative
hearings concerning outdoor advertising devices and
render final orders;
(2) That appeals relating to outdoor advertising
matters can be decided in a more timely and expe-
ditious manner through the use of a designated
official rather than being presented to the full Com-
mission; and
(3) That the Director’s designee is equipped
through specialization and insight through experi-
ence with the ability to determine and analyze the
underlying legal issues.
THEREFORE, Minute Order No. 81-273 provides
and this Minute Order affirms that the designated
Hearing Officer is authorized to conduct and preside
at administration hearings and to make final deci-
sions related to outdoor advertising devices.
2005-034
WHEREAS, on May 7, 1986, Administrative Or-
der No. 86-2 was issued by the Director of the
Arkansas State Highway and Transportation De-
partment prohibiting the erection of billboards or
signboards on lands to which the Arkansas State
Highway Commission held title and which lands
were declared surplus property and sold; and
WHEREAS, from and after the issuance of said
Administrative Order No. 86-2, each and every deed
issued by the Commission contained a covenant,
running with the land, providing that no billboards
or signboards would be erected or displayed on such
surplus property; and
WHEREAS, Article 1 of Act 640 of the Acts of the
General Assembly for 1967 directed the Arkansas
State Highway Commission to promulgate rules and
regulations governing the erection of outdoor adver-
tising signs, displays and devices along the National
System of Interstate and Defense and Federal Aid
Primary Highways within the Arkansas State High-
way Systems; and
WHEREAS, the Arkansas State Highway Com-
mission and the United States Secretary of Trans-
portation entered into an agreement pursuant to Act
640 of 1967, whereby the criteria for the erection of
outdoor advertising signs, displays and devices
along the National System of Interstate and Defense
and Federal Aid Primary Highways within the Ar-
kansas State Highway System was established; and
WHEREAS, such criteria, and the regulations
issued pursuant thereto, are codified as Ark. Code
Ann. 27-74-101, et. seq., and such criteria and reg-
ulations have been determined to be adequate by the
Commission to regulate the placement of outdoor
advertising signs, displays as devices along any
National System of Interstate and Defense and
Federal Aid Primary Highways within the Arkansas
Highway System;
NOW THEREFORE, BE IT RESOLVED, that
Administrative Order No. 86-2, dated May 7, 1986,
be and it is hereby rescinded and declared to be no
longer in force or effect; that all future deeds issued
by the Arkansas State Highway Commission for the
disposal of surplus property shall eliminate the
4722011-037 HIGHWAY COMMISSION REGULATIONS
covenant there from prohibiting the placement of
billboards or signboards thereon;
PROVIDE, HOWEVER, nothing in this Minute
Order shall be construed or interpreted to rescind,
eliminate, modify or alter the regulations issued by
the Commission pursuant to Article 1 of Act 640.
2006-028
WHEREAS, Regulations for Control of Outdoor
Advertising on Arkansas Highways provides for a
60-day renewal period for outdoor advertising signs;
and
WHEREAS, the Department’s procedures for Lo-
go/Attraction signs allow for a 90-day renewal pe-
riod; and
WHEREAS, it would be beneficial to provide con-
sistent renewal procedures for all types of various
permitted signs.
NOW THEREFORE, the Director is hereby autho-
rized to take the steps necessary to revise Depart-
ment policies and procedures to allow for a 90-day
renewal period for the various types of permitted
signs.
2007-009
WHEREAS, Regulations for Control of Outdoor
Advertising on Arkansas Highways currently do not
allow for electronic message devices; and
WHEREAS, advances in technology have made
electronic message devices more cost effective to
produce and more popular for outdoor advertising;
and
WHEREAS, electronic message devices are being
allowed along highways in other states and along
local roads and streets in Arkansas, and the Arkan-
sas Outdoor Advertising Association has requested
revisions to Department regulations to include the
allowance of electronic message devices for outdoor
advertising; and
WHEREAS, revised regulations have been devel-
oped from a review of regulations in other states and
in coordination with the Arkansas Outdoor Adver-
tising Association.
NOW THEREFORE, the Director is authorized to
take the steps necessary to revise Regulations for
Control of Outdoor Advertising on Arkansas High-
ways and associated procedures to allow for the use
of electronic message devices for outdoor advertis-
ing.
2013-053
WHEREAS, the Department currently has a Re-
store Sign Visibility Policy for the purpose of vege-
tation control in the vicinity of outdoor advertising
signs; and
WHEREAS, the purpose of the policy is to provide
procedures whereby sign owners may obtain permits
from the Department to restore the visibility to their
signs from adjacent State Highway controlled pur-
suant to the Regulations for the Control of Outdoor
Advertising.
WHEREAS, revisions are needed for clarification
and for the efficient administration of the policy.
WHEREAS, the proposed revisions were set forth
for public comment from February 6, 2013 to March
8, 2013, and a public hearing was held on these
proposed changes on March 8, 2013, during which
time written public comments were made a part of
the hearing record and oral public comments were
received and considered.
WHEREAS, the proposed Policy has incorporated
some of the public comments into the revised Policy
and a copy of the proposed changes has been at-
tached to this Order.
NOW THEREFORE, having considered the revi-
sions and the public comments, the Restore Sign
Visibility Policy, as revised, is hereby adopted.
FURTHERMORE, the Director is authorized to
submit the revised policy to the Legislative Council’s
Administrative Rules and Regulations Committee
for their review and comment.
PERMITS FOR
OVERWEIGHT/OVERSIZE VEHICLES
2000-011
WHEREAS, the Arkansas State Highway Com-
mission has adopted and published Rules and Reg-
ulations for the Movement of Oversize and/or Over-
weight Vehicles and Cargoes in the State of
Arkansas as authorized by law; and
WHEREAS, certain changes in said rules and
regulations are deemed necessary and desirable;
and
NOW THEREFORE, all of the Rules and Regula-
tions for the Movement of Oversize and/or Over-
weight Vehicles and Cargoes in the State of Arkan-
sas that have previously been adopted by the
Highway Commission are hereby rescinded and the
attached Permit Regulations for the Movement of
Oversize and/or Overweight Vehicles are hereby
adopted in their stead.
The Director is hereby authorized to take the
necessary steps to publish said rules and regulations
and cause them to be incorporated into a manual for
distribution by the Arkansas State Highway and
Transportation Department.
2007-115
WHEREAS, the Department routing of oversize
and overweight vehicles by permit is essential to the
safety of the motoring public and to preserving the
structural integrity of state bridges and highways;
and
WHEREAS, pursuant to Arkansas Highway Com-
mission policy, the Department currently issues a
Thirty-Day Permit valid for unlimited statewide
travel for petroleum and natural gas field related
equipment vehicles; and
WHEREAS, it is deemed to be impractical and
beyond the capacity of the Department to evaluate
all statewide routes and bridges for structural suf-
ficiency for each Thirty-Day Permit; and
WHEREAS, other permit options currently exist
for petroleum and natural gas field related equip-
473 2007-115HIGHWAY COMMISSION REGULATIONS
ment vehicles that would allow for travel and pro-
vide an evaluation of routes and bridges for each
permit.
NOW THEREFORE, the Arkansas Highway Com-
mission hereby repeals the provisions for a Thirty-
Day Permit for petroleum and natural gas field
related equipment vehicles as currently contained in
the ‘‘Permit Regulations for the Movement of Over-
size and Overweight Vehicles.’’
2007-137
WHEREAS, cotton module trucks bearing the
appropriate license and not exceeding nine feet (9’)
in width, fifty-five feet (55’) in length and thirteen
feet, six inches (13’6’’) in height, may currently
travel the non-interstate highways of the state
twenty-four hours a day without permit; and
WHEREAS, cotton module trucks exceeding the
aforementioned maximum dimensions may cur-
rently travel the highways of the state during day-
light hours when properly permitted pursuant to
A.C.A. § 27-35-210 and the Permit Regulations for
the Movement of Oversize and Overweight Vehicles of
the Arkansas Highway Commission; and
NOW THEREFORE, the Director is authorized to
allow twenty-four hour a day movement on the
non-interstate highways of the state through the
current harvest season, for properly permitted,
overdimensional cotton module trucks with dimen-
sions not exceeding nine feet, ten inches (9’10’’) in
width, fifty-five feet (55’) in length and fourteen feet,
six inches (14’6’’) in height.
2008-084
WHEREAS, cotton module trucks bearing the
appropriate license and not exceeding nine feet (9’)
in width, fifty-five feet (55’) in length and thirteen
feet, six inches (13’6’’) in height, may currently
travel the non-interstate highways of the state
twenty-four hours a day without permit; and
WHEREAS, cotton module trucks exceeding the
aforementioned maximum dimensions may cur-
rently travel the highways of the state during day-
light hours when properly permitted pursuant to
A.C.A. § 27-35-210 and the Permit Regulations for
the Movement of Oversize and Overweight Vehicles of
the Arkansas Highway Commission; and
NOW THEREFORE, the Director is authorized to
allow twenty-four hour a day movement on the
non-interstate highways of the state, for properly
permitted, overdimensional cotton module trucks
with dimensions not exceeding nine feet, ten inches
(9’10’’) in width, fifty-five feet (55’) in length and
fourteen feet, six inches (14’6’’) in height.
POSTED HIGHWAYS
84-342
WHEREAS, the Arkansas State Highway Com-
mission has authority under Section 75-801 (Ark.
Stats. Ann. [1947] Act 7 of the General Assembly of
the State of Arkansas for the year 1983) to deter-
mine by resolution and to impose restrictions as to
the weight of vehicles operated upon any highways
under the jurisdiction of said commission and such
restrictions shall be effective when signs giving
notice thereof are erected upon the highway or
portion of any highway affected; and
WHEREAS, the maintenance of the state high-
ways is an ever increasing burden, compounded by
higher costs of maintenance, increased truck
weights and severe winter season causing much
damage to these highways; and
WHEREAS, the determination of maximum
weights for all traffic facilities should be based upon
studies of engineering and traffic characteristics
thereof; and
WHEREAS, the local District Engineers of the
Arkansas State Highway and Transportation De-
partment are best qualified to conduct such studies
and best able to respond to emergency situations
whenever any highway, by reason of deterioration,
rain, snow, or other climatic conditions will be seri-
ously damaged unless the use of vehicles thereon is
prohibited or the permissible weights thereof re-
duced; and
WHEREAS, the posting of such signs as to weight
and the prohibitions or restrictions imposed
thereon, are declared by the Arkansas State High-
way Commission to be within the direct authority of
the District Engineers of the Arkansas State High-
way and Transportation Department.
NOW THEREFORE, IT IS HEREBY RESOLVED
that the actions of the District Engineers of the
Arkansas State Highway and Transportation De-
partment in erecting and maintaining such signs
upon the highways under the jurisdiction of the
Arkansas State Highway Commission and the Dis-
trict Engineers are directly authorized to continue
with studies of the state highways within their
respective districts, and with the posting of signs
giving notice of any prohibition of any limitation as
to weight of vehicles operating upon such highways,
with such restrictions to be effective when such
signs are erected and maintained.
2014-144
WHEREAS, Arkansas Code Annotated 27-35-103
and 27-65-107 and Commission Minute Order No.
84-342 authorizes the Arkansas State Highway
Commission and the Department’s District Engi-
neers to establish reduced weight limits and post
appropriate signs on any route on the State High-
way System; and
WHEREAS, during certain periods of the year,
road conditions are favorable and such that reduced
weight limits can be temporarily increased.
NOW THEREFORE, the Director is authorized to
implement a policy to temporarily increase the re-
duced weight limits on all weight restricted routes,
up to but not exceeding the maximum statutory axle
and gross weight limits established by Arkansas
Code Annotated 27-35-203 and 27-35-210, to allow
4742007-137 HIGHWAY COMMISSION REGULATIONS
travel for the following vehicles having an origin or
final destination on said posted route(s):
● Vehicles, or combinations of vehicles, with
five (5) axles hauling animal feed or unfinished
and unprocessed farm products, forest products or
other products of the soil, and
● Vehicles, or combinations of vehicles, which
vehicles or combinations of vehicles have a total
outside width in excess of 102’’ but not exceeding
108’’ used for hauling compacted seed cotton from
the farm to the first point at which such seed
cotton shall first undergo any processing, prepa-
ration for processing or transformation from its
compacted state; and
FURTHERMORE, upon objectionable evidence of
pavement deterioration attributed to these in-
creased weights, the Department’s District Engi-
neers are authorized to reinstate the previous
weight restrictions in order to limit further deterio-
ration.
2016-112
WHEREAS, some state highways are posted for
weight restrictions below the maximum weight lim-
its allowed by State law; and
WHEREAS, the ‘‘Process for Establishing Road-
way Maintenance Assessments on Weight Restricted
Highways’’ to accommodate non-divisible over-
weight loads by permit was developed and imple-
mented in 2008; and
WHEREAS, the current Maintenance Assessment
agreements expire on December 31, 2016 and eval-
uations have determined that new values for the
Roadway Maintenance Assessment payments by the
permit applicants are warranted to recover damage
costs on the weight restricted highways; and
WHREAS, it has been determined that a bi-
annual evaluation of the Roadway Maintenance
Assessment fee is adequate due to the significant
decrease in natural gas drilling and production.
NOW THEREFORE, the Director is authorized to
enter into new agreements with permit applicants
and to implement the new values for the Roadway
Maintenance Assessment schedule. The new agree-
ments shall be in effect until December 31, 2018.
RESTORE SIGN VISIBILITY POLICY
2005-035
WHEREAS, the Department currently has a Re-
store Sign Visibility Policy for the purpose of vege-
tation control in the vicinity of outdoor advertising
signs; and
WHEREAS, the current policy does not allow
vegetation control at outdoor advertising signs that
are considered to be nonconforming to local, state or
federal guidelines concerning outdoor advertising
signs; and
WHEREAS, the Department has coordinated with
the Arkansas Outdoor Advertising Association to
revise the policy and permit procedures to allow
some vegetation control at nonconforming signs in
return for the removal of an equal number of non-
conforming signs.
NOW THEREFORE, the Restore Sign Visibility
Policy, as revised, is hereby adopted.
FURTHERMORE, the Director is authorized to
submit the revised policy to the Legislative Council’s
Administrative Rules and Regulations Committee
for their review and comment.
2013-053
WHEREAS, the Department currently has a Re-
store Sign Visibility Policy for the purpose of vege-
tation control in the vicinity of outdoor advertising
signs; and
WHEREAS, the purpose of the policy is to provide
procedures whereby sign owners may obtain permits
from the Department to restore the visibility to their
signs from adjacent State Highway controlled pur-
suant to the Regulations for the Control of Outdoor
Advertising.
WHEREAS, revisions are needed for clarification
and for the efficient administration of the policy.
WHEREAS, the proposed revisions were set forth
for public comment from February 6, 2013 to March
8, 2013, and a public hearing was held on these
proposed changes on March 8, 2013, during which
time written public comments were made a part of
the hearing record and oral public comments were
received and considered.
WHEREAS, the proposed Policy has incorporated
some of the public comments into the revised Policy
and a copy of the proposed changes has been at-
tached to this Order.
NOW THEREFORE, having considered the revi-
sions and the public comments, the Restore Sign
Visibility Policy, as revised, is hereby adopted.
FURTHERMORE, the Director is authorized to
submit the revised policy to the Legislative Council’s
Administrative Rules and Regulations Committee
for their review and comment.
2016-089
WHEREAS, the Restore Sign Visibility Policy
(RSVP) provides procedures whereby sign owners
may obtain permits from the Department to restore
the visibility to their sign located adjacent to State
Highways; and
WHEREAS, the Highway Commission (‘‘Commis-
sion’’) approved by Motion at its meeting held on
July 13, 2016, the Department’s revised RSVP dated
July 12, 2016, and directed the Department submit
the revised RSVP to the Legislative Council’s Ad-
ministrative Rules and Regulations Subcommittee
for its review and comment; and
WHEREAS, the revised RSVP provisions are im-
plemented in accordance with the Commission’s
authority under Amendment 42 of the Arkansas
Constitution concerning the management of present
and future rights-of-way on state highway; and
WHEREAS, the Commission’s Motion on July 13,
2016, incorrectly directed the Department submit
the revised polity to Legislative Council’s Adminis-
475 2016-089HIGHWAY COMMISSION REGULATIONS
trative Rules and Regulations Subcommittee for
review and comment, and such portion of the Motion
is hereby vacated; and
WHEREAS, the Commission’s action by motion
adopting the revised RSVP is final and no further
action is necessary to implement the revised policy.
NOW THEREFORE, the Department’s RSVP
dated July 12, 2016, as revised, is hereby adopted,
with no further action required for immediate im-
plementation.
SPEED LIMITS
74-007
WHEREAS, Section 2 of Public Law 93-239, the
‘‘Emergency Highway Energy Conservation Act’’,
enacted January 2, 1974, and effective March 3,
1974, establishes a national maximum speed limit of
55 miles per hour to conserve fuel during periods of
current and imminent fuel shortages; and,
WHEREAS, the Federal Highway Administration
has given advance notice that, in compliance with
Public Law 93-239, after March 3, 1974, the Division
Engineer will not authorize the State to advertise
for bids for construction until the State furnishes
evidence of action by the State to implement Section
2 of the Act, including a statement that speed limit
signs have been changed to comply with the require-
ments of the Act, the cost of which changes is
federally reimbursable; and,
WHEREAS, the Arkansas State Highway Com-
mission is authorized by Arkansas Statutes Section
75-601, as amended, and Section 75-601.1 to set
maximum and minimum speed limits on controlled
access highways and all highways on the Arkansas
State Highway System, in addition to general au-
thority contained in Arkansas Statutes, Section 76-
201.5; and,
WHEREAS, based upon a traffic and engineering
study by Arkansas Highway Department Traffic
Engineers to determine maximum speed limits con-
sistent with highway safety, fuel conservation and
other factors, which study determined that a maxi-
mum speed limit of 55 miles per hour meets those
criteria, signs establishing a 55 miles per hour
maximum speed limit have been erected on all
highways in the Highway System.
NOW, THEREFORE, BE IT HEREBY RE-
SOLVED that the action of the Director of Highways
in the erection of signs establishing a maximum
speed limit of 55 miles per hour on all highways in
the State Highway System in Arkansas is hereby
ratified and confirmed, and the Director is further
authorized to take any further action required to
implement Section 2 of Public Law 93-239, the
requirements of the Federal Highway Administra-
tion, and that are in the public interest in safety and
fuel conservation.
87-110
WHEREAS, the Congress of the United States has
passed the 1987 Federal-Aid Highway Act which
contains authorization to increase the maximum
speed limit from 55 miles per hour to 65 miles per
hour on the rural sections of the Interstate Highway
System outside of urbanized areas exceeding 50,000
population, and
WHEREAS, the Arkansas State Highway Com-
mission is authorized by Arkansas Statutes, Section
75-601, as amended, and Section 75-601.1 to set
maximum and minimum speed limits on controlled
access highways and all highways on the Arkansas
State Highway System, in addition to general au-
thority contained in Arkansas Statutes, Section 76-
201.5, and
WHEREAS, based upon a traffic and engineering
study by Arkansas Highway Department Traffic
Engineers to determine maximum speed limits con-
sistent with highway safety, and other factors, which
study determined that a maximum speed limit of 65
miles per hour and a minimum speed limit of 45
miles per hour meets those criteria.
NOW THEREFORE, the Director is authorized to
erect signs establishing a maximum speed limit of
65 miles per hour and a minimum speed of 45 miles
per hour on the rural sections of the interstate
highways outside of urbanized areas exceeding
50,000 population.
88-010
WHEREAS, a recent Appropriations Bill enacted
by Congress contained a provision which allowed up
to 20 states, on a first-come, first-served basis, to
increase speed limits to 65 mph on certain rural
four-lane, fully controlled access highways for fiscal
years 1988 through 1991; and
WHEREAS, the rural segments of Highway 65
from I-20 south to Pine Bluff and Highway 67 from
I-40 to the junction of Highway 224 south of New-
port meet the Federal criteria for speed limit modi-
fication.
NOW THEREFORE, the Director is authorized to
post 65 mph speed limits on these highway seg-
ments.
96-148
WHEREAS, the National Maximum Speed Limit
was repealed by the National Highway System Des-
ignation Act of 1995, giving each State the respon-
sibility of establishing speed limits; and
WHEREAS, the Arkansas Highway Commission
has jurisdiction over speed limits on the Arkansas
State Highway System; and
WHEREAS, the Commission has directed Depart-
ment staff to conduct a study concerning speeds,
design, and safety on Arkansas highways; and
WHEREAS, the Speed Limit Study for Arkansas
Highways, has been completed;
NOW THEREFORE, the study is hereby accepted,
and the following maximum speed limits are hereby
established and shall be included in the Speed Limit
Study for Arkansas Highways.
● Rural Freeways - 70 mph for cars,
- 65 mph for trucks
47674-007 HIGHWAY COMMISSION REGULATIONS
● Suburban Freeways - 60 mph for all vehicles
● Urban Freeways - 55 mph for all vehicles
● Rural Expressways
with High-Type
Partial Control
of Access - 60 mph for all vehicles
FURTHER, the term ‘‘truck’’ shall include every
motor vehicle, or combination of motor vehicles,
designed, used, or maintained for the transportation
of property with a registered gross weight of 20,000
pounds or more. Additionally, the term ‘‘truck’’ shall
include all buses designed to transport 16 or more
passengers, including the driver.
97-104
WHEREAS, Minute Order 96-148, dated August
28, 1996 authorized the increase in speed limits on
freeways with rural characteristics, freeways with
suburban characteristics, and rural expressways
with high-type partial control of access; and
WHEREAS, it may be feasible to raise the speed
limit on rural expressways that exhibit certain en-
gineering characteristics.
NOW THEREFORE, the Director is authorized to
increase the speed limit on rural expressways where
recommended by route specific engineering studies.
98-215
WHEREAS, Minute Order 97-104, dated June 25,
1998, authorized the increase in speed limits on
rural expressways where recommended by route
specific engineering studies; and
WHEREAS, further studies have indicated that it
is feasible to raise the speed limit on suburban and
urban freeways;
NOW THEREFORE, the Director is authorized to
increase the speed limit on suburban and urban
freeways and rural expressways in accordance with
the Department’s studies.
2012-059
WHEREAS, Minute Order 2012-007 authorized
the Director to review the speed limits on rural, four
and five lane highways to determine if modifications
are warranted; and
WHEREAS, an analysis has shown that there are
several of these routes whereby the existing 55 mph
speed limits can be increased to 60 mph; and
WHEREAS, all speed limits are determined based
upon sound engineering judgment.
NOW THEREFORE, the Director is authorized to
increase the speed limit on rural, undivided, four
and five lane highways where warranted.
TOURIST-ORIENTED DIRECTIONAL
SIGN (TODS)
2002-073
WHEREAS, the Tourist-Oriented Directional Sign
(TODS) program regulations were approved by the
Administrative Rules and Regulations Subcommit-
tee of the Arkansas Legislative Council on July 6,
1995; and
WHEREAS, by Minute Order 95-009, the Arkan-
sas Highway Commission authorized a pilot TODS
program; and
WHEREAS, the Commission desires to promote
economic development in the state by providing
directional information regarding tourist-oriented
businesses and activities to motorists; and
WHEREAS, in cooperation with the Arkansas
Department of Parks and Tourism, the Commission
desires to expand the pilot TODS program.
NOW THEREFORE, the Director is hereby autho-
rized to fully implement the TODS program and
initiate necessary revisions to the approved TODS
Regulations.
FURTHERMORE, any signs proposed for use in
the TODS program must comply with the Manual on
Uniform Traffic Control Devices and must be ap-
proved by the Director.
2004-028
WHEREAS, the Tourist-Oriented Directional Sign
(TODS) program regulations have been approved by
the Administrative Rules and Regulations Subcom-
mittee of the Arkansas Legislative Council; and
WHEREAS, the Commission desires to promote
economic development in the State by providing
directional information regarding tourist-oriented
businesses and activities to motorists.
NOW THEREFORE, Part F. of the General Re-
quirements of the Commission’s TODS Regulations
is changed in its entirety to read:
F. An activity or site will not qualify for TODS if
the activity or site is identified by a Department
directional sign that is within the right-of-way, if the
activity or site is advertised by an off-premise sign
that is illegal as defined by the Arkansas Highway
Beautification Act, or if the activity or site is adver-
tised by an off-premise sign that is visible from the
location of the proposed TODS.
FURTHER, the Director is authorized to take all
steps necessary to implement this amendment in
accordance with the Arkansas Administrative Pro-
cedure Act.
2006-076
WHEREAS, the Tourist-Oriented Directional Sign
(TODS) program regulations for Arkansas allow
signs only in rural areas, except for Scenic Byways;
and
WHEREAS, the definition of ‘‘rural’’ in the TODS
program regulations refers to those areas not in the
corporate limits of a city or town, which is stricter
than the Manual on Uniform Traffic Control Devices
(MUTCD) definition of ‘‘rural’’ referring to areas
outside the city limits of incorporated cities or towns
with a population of 5,000 or more; and
WHEREAS, using the MUTCD definition of ‘‘ru-
ral’’ in the TODS program regulations would provide
consistency and allow more businesses to partici-
pate in the TODS program.
NOW THEREFORE, the following amendments
to the TODS regulations are hereby adopted.
477 2006-076HIGHWAY COMMISSION REGULATIONS
1. Under Definitions, change the definition of
‘‘Rural’’ in its entirety to read, ‘‘Refers to those areas
outside the city limits of incorporated cities or towns
with a population of 5,000 or more people.’’
2. Under General Requirements, change Part D
in its entirety to read, ‘‘The activity or site shall be
located in a rural area not within the corporate
limits of a city or town with a population of 5,000 or
more people, except for Scenic Byways.’’
FURTHERMORE, the Director is hereby autho-
rized to take all steps necessary to implement these
amendments in accordance with the Arkansas Ad-
ministrative Procedures Act.
UTILITY ACCOMODATIONS
2010-146
WHEREAS, the Arkansas State Highway Com-
mission first adopted a Utility Accommodation Pol-
icy by Minute Order 70-300 dated August 26, 1970,
and this Policy has been subsequently amended
since that time to allow for the implementation of
reasonable rules and regulations necessary for ac-
commodating utilities on the right of way of the
Arkansas State Highway System or other real prop-
erty belonging to the Commission; and
WHEREAS, a Utility Accommodation Task Force
including representation from the Federal Highway
Administration, the Arkansas State Highway and
Transportation Department and Utility Owners has
recently completed a review of the current Utility
Accommodation Policy; and
WHEREAS, using the uniform guide for State
policies on the accommodation of utilities on high-
way rights of way prepared by the American Associ-
ation of State Highway and Transportation Officials,
as well as other applicable publications, the Task
Force has updated and revised the Utility Accommo-
dation Policy to prescribe reasonable rules and reg-
ulations for accommodating utilities on the right of
way of the Arkansas State Highway System or other
real property belonging to the Commission; and
WHEREAS, the provisions of the revised and
updated Policy are consistent with Arkansas law
and the authority of this Commission to regulate the
use and occupancy of the right of way of the Arkan-
sas State Highway System or other real property
belonging to the Commission, and said Policy has
been approved by the Federal Highway Administra-
tion.
NOW THEREFORE, the attached Utility Accom-
modation Policy is hereby approved and adopted,
and it shall supersede and void all prior Commission
Orders, Administrative Orders or other Statements
of Policy pertaining to the accommodation of utili-
ties; and
IT IS FURTHER RESOLVED, that the Director is
hereby authorized to make copies of this Policy
available to all interested parties, to issue pertinent
Orders, Directives and Permits, and to enter into
Agreements with persons, firms, and agencies own-
ing or operating utility facilities on right of way of
the Arkansas State Highway System or other real
property of the Commission as necessary and appro-
priate to administer the provisions of said Policy.
478210-146 HIGHWAY COMMISSION REGULATIONS
INDEX
SUBJECT SECTION
4-H clubs Special License Plate Act of 2005 27-24 et. seq.
Abandoned Vehicles Penalties and Enforcement 27-50-1101 et. seq.
Access to Parking for Persons with Disabilities
Act
Registration and Licensing Special Uses 27-15-301 et. seq.
Accident Reports Motor Vehicle Safety Responsibility Act 27-19-501 et. seq.
Accident Reports Accidents 27-53-201 et. seq.
Accidents General Provisions 27-53-101 et. seq.
Accidents Accident Reports 27-53-201 et. seq.
Accidents Investigations 27-53-301 et. seq.
Accidents Damage Claims 27-53-401 et. seq.
Accidents-Reports of Penalties and Enforcement 27-50-1001 et. seq.
Administration Driver’s Licenses 27-16-501 et. seq.
Administration Motor Vehicle Safety Responsibility Act 27-19-401 et. seq.
Administrative Driver’s License Suspension Driving While Intoxicated 5-65-401 et. seq.
Agriculture Education Special License Plate Act of 2005 27-24 et. seq.
Agriculture Vehicles Motor Carriers 27-14-601(a)(3)(H)
Air Rights over Highways, Roads and Streets Highways, Roads, and Streets 27-64-101
All-Terrain Vehicles 27-21 et. seq.
Amateur Radio Operators Registration and Licensing Special Uses 27-15-2401 et. seq.
Animal Rescue and Shelters Special License Plate Act of 2005 27-24 et. seq.
Antifreeze Automotive Fluids Regulations 27-38-101 et. seq.
Antique Motorcycles Registration and Licensing Special Uses 27-15-2301 et. seq.
Application and Examination Driver’s Licenses 27-16-701 et. seq.
Arkansas Cattlemen’s Foundation Special License Plate Act of 2005 27-24 et. seq.
Arkansas Emergency Contact Information
System
27-16-1301 et.seq.
Arkansas Fallen Firefighters Memorial Registration and Licensing Special Uses 27-15-5201 et. seq.
Arkansas Future Farmers of America Special License Plate Act of 2005 27-24 et. seq.
Arkansas Highway Financing Act of 2011 27-64-501 et. seq.
Arkansas Highway Transfer Fund Revenue Classification Law 19-6-832
Arkansas Motor Carrier System Registration and License Fees 27-14-613
Arkansas Motor Vehicle Commission Act 23-112 et. seq.
Arkansas Online Insurance Verification System
Act
27-22 et.seq.
Arkansas Rice Council Special License Plate Act of 2005 27-24 et. seq.
Arkansas School for the Deaf Special License Plate Act of 2005 27-24 et. seq.
Arkansas Sheriff’s Association Special License Plate Act of 2005 27-24 et. seq.
Arkansas State Chapter of National Wild
Turkey Federation
Special License Plate Act of 2005 27-24 et. seq.
Arkansas State Golf Association Registration and Licensing Special Uses 27-15-5101 et. seq.
Arkansas Tennis Association Special License Plate Act of 2005 27-24 et. seq.
Arkansas Wine Country Trail State Highway System 27-67-224
Armed Forces Veteran Special License Plate Act of 2005 27-24 et. seq.
Arrest and Release Penalties and Enforcement 27-50-601 et. seq.
479
SUBJECT SECTION
Articles I - XI Nonresident Violator Compact 27-54 et. seq.
Articles I-IX Driver License Compact 27-17 et. seq.
Autism Awareness Special License Plate Act of 2005 27-24 et. seq.
Automotive Fluids Regulations Antifreeze 27-38-101 et. seq.
Blue lights/law enforcement insignia sales Official Insignia 5-77 et. seq.
Boy Scouts of America Special License Plate Act of 2005 27-24 et. seq.
Brakes Equipment Regulations 27-37-501 et. seq.
Bridges and Ferries Conservation of Bridges 27-85-101
Buses converted to or equipped as campers Registration and Licensing Special Uses 27-15-4001
Central Driver’s Records File Penalties and Enforcement 27-50-901 et. seq.
Chemical Analysis of Body Substances Driving While Intoxicated 5-65-201 et. seq.
Child Passenger Protection Seat Belts 27-34 et. seq.
Children’s Cancer Research Special License Plate Act of 2005 27-24 et. seq.
Choose Life Special License Plate Act of 2005 27-24 et. seq.
Church Buses Vehicle Operation-Rules of the Road 27-51-1101 et. seq.
City Streets Golf Carts 14-54-1410
Civil Air Patrol Special License Plate Act of 2005 27-24 et. seq.
Classification of Roads by Weight 27-66 et. seq.
Cold War Veteran Special License Plate Act of 2005 27-24 et. seq.
Colleges and Universities Special License Plate Act of 2005 27-24 et. seq.
Commercial Driver License Licensing Requirements 27-23 et. seq.
Commercial Medical Waste 20-32 et. seq.
Committed to Education Special License Plate Act of 2005 27-24 et. seq.
Common Carrier Insurance 23-16-302
Common Carrier Cotton Modules 27-14-
601(a)(3)(H)(ii)(f)
Compensating or Use Taxes State Taxes 26-53-126
Conservation Districts Special License Plate Act of 2005 27-24 et. seq.
Conservation of Bridges Bridges and Ferries 27-85-101
Constables Special License Plate Act of 2005 27-24 et. seq.
Constitutional Officer Special License Plate Act of 2005 27-24 et. seq.
Controlled Substances Denial of Driving Privileges 5-64-710
Controlled-Access Facilities 27-68 et. seq.
Convictions Penalties and Enforcement 27-50-801 et. seq.
Cotton Modules Common Carrier 27-14-
601(a)(3)(H)(ii)(f)
County Quorum Courts Special License Plate Act of 2005 27-24 et. seq.
Court Appointed Special Advocates Special License Plate Act of 2005 27-24 et. seq.
Court Costs Uniform Filing Fees and Court Costs 16-10-305
Crime Information Center Crime Reporting and Investigations 12-12-201 et. seq.
Crime Reporting and Investigations Crime Information Center 12-12-201 et. seq.
Criminal Mischief Property Damage 5-38-203
Criminal Offenses Fines, Costs, and Restitution 5-4-203
Damage Claims Accidents 27-53-401 et. seq.
Definitions Motor Vehicle Safety Responsibility Act 27-19-201 et. seq.
Delta Rhythm and Bayous Highway Highway Designation, Construction, and
Maintenance
27-67-226
Denial of Driving Privileges Fraudulent Identification Documents 5-27-504
480INDEX
SUBJECT SECTION
Denial of Driving Privileges Controlled Substances 5-64-710
Denial of Driving Privileges Failure to pay Child Support 9-14 et. seq.
Department of Parks and Tourism Special License Plate Act of 2005 27-24 et. seq.
Disabled Persons Precaution by drivers 20-14-306
Disabled Veterans Special License Plate Act of 2005 27-24 et. seq.
Disposal of solid wastes and other refuse Litter 8-6-401 et. seq.
Distinguished Flying Cross Special License Plate Act of 2005 27-24 et. seq.
Dr. Martin Luther King, Jr. Special License Plate Act of 2005 27-24 et. seq.
Driver-Assistive Truck Platooning Systems Miscellaneous Rules 27-51-1408
Driver Education Program 27-18 et. seq.
Driver License Compact Articles I-IX 27-17 et. seq.
Driver’s Licenses Generally, Definitions 27-16 et. seq.
Driver’s Licenses Penalties 27-16-301 et. seq.
Driver’s Licenses Office of Driver Services 27-16-401 et. seq.
Driver’s Licenses Administration 27-16-501 et. seq.
Driver’s Licenses Licensing Requirements 27-16-601 et. seq.
Driver’s Licenses Application and Examination 27-16-701 et. seq.
Driver’s Licenses Issuance of Licenses and Permits 27-16-801 et. seq.
Driver’s Licenses Expiration, Cancellation, Revocation, or
Suspension
27-16-901 et. seq.
Driving While Intoxicated Omnibus DWI Act 5-65-101 et. seq.
Driving While Intoxicated Chemical Analysis of Body Substances 5-65-201 et. seq.
Driving While Intoxicated Underaged Driving under the Influence 5-65-301 et. seq.
Driving While Intoxicated Administrative Driver’s License Suspension 5-65-401 et. seq.
Driving, Overtaking, and Passing Vehicle Operation-Rules of the Road 27-51-301 et. seq.
Ducks Unlimited Special License Plate Act of 2005 27-24 et. seq.
Education Excessive Unexcused Absences 6-18-222
Electric Autocycles Motorized Cycles 27-20-301 et. seq.
Electric Bicycle Act 27-51-1701 et.seq.
Emergency medical technicians Special License Plate Act of 2005 27-24 et. seq.
Emergency Vehicles Lighting Regulations 27-36-301 et. seq.
Emergency Vehicles Vehicle Operation-Rules of the Road 27-51-901 et. seq.
Enforcement Penalties and Enforcement 27-50-201 et. seq.
Enforcement of laws or orders on complaint Railroads 23-11-101
Equipment Regulations Violations 27-37-101 et. seq.
Equipment Regulations Safety and Emergency Equipment 27-37-201 et. seq.
Equipment Regulations Tires 27-37-401 et. seq.
Equipment Regulations Brakes 27-37-501 et. seq.
Equipment Regulations Mufflers 27-37-601 et. seq.
Equipment Regulations Seat Belt Use-Mandatory 27-37-701 et. seq.
Excessive Unexcused Absences Education 6-18-222
Expiration, Cancellation, Revocation, or
Suspension
Driver’s Licenses 27-16-901 et. seq.
Ex-Prisoner of War Special License Plate Act of 2005 27-24 et. seq.
Failure to pay Child Support Denial of Driving Privileges 9-14 et. seq.
Fewer Distractions Mean Safer Driving Act Vehicle Operation-Rules of the Road 27-51-1601 et. seq.
Fines, Costs, and Restitution Criminal Offenses 5-4-203
481 INDEX
SUBJECT SECTION
Fire Fighters Special License Plate Act of 2005 27-24 et. seq.
Flashing Lights Near Highways Highway Safety 27-73-201 et. seq.
Foreign Wars Veteran Special License Plate Act of 2005 27-24 et. seq.
Fraternal Order of Police Special License Plate Act of 2005 27-24 et. seq.
Fraternities and Sororities Special License Plate Act of 2005 27-24 et. seq.
Fraudulent Identification Documents Denial of Driving Privileges 5-27-504
Game and Fish Commission Special License Plate Act of 2005 27-24 et. seq.
Gates and Cattle Guards Highways, Roads, and Streets 27-64-102
General Provision Motor Carriers 23-13-102
General Provisions Motor Vehicle Safety Responsibility Act 27-19 101 et. seq.
General Provisions Penalties and Enforcement 27-50-101 et. seq.
General Provisions Traffic-Control Devices 27-52-101 et. seq.
General Provisions Accidents 27-53-101 et. seq.
General Provisions Highway Safety 27-73-101 et. seq.
General Provisions Size and Load Regulations 27-35-101 et. seq.
General Provisions-Decal for deaf persons Registration and Licensing Special Uses 27-15-101
Generally Registration and Licensing 27-14 et. seq.
Generally, Definitions Driver’s Licenses 27-16 et. seq.
Gold Star Families Highway State Highway System 27-67-225
Golf Carts City Streets 14-54-1410
Gross Receipts Tax State Taxes 26-52 et. seq.
Hazardous and Toxic Materials Notification 12-79 et. seq.
Hazardous and Toxic Materials Transportation of Hazardous Materials 27-2 et. seq.
Highway Commission 27-65 et. seq.
Highway Safety General Provisions 27-73-101 et. seq.
Highway Safety Flashing Lights Near Highways 27-73-201 et. seq.
Highway Safety Smoke Obstructing Highway 27-73-301 et. seq.
Highway work zones Penalties and Enforcement 27-50-408
Highways and Bridges Signs 5-67 et. seq.
Highways and Bridges Posted Limitations 5-67-104
Highways and Bridges Spot Lights 5-67-106
Highways and Bridges Solicitations 5-67-107
Highways, Roads, and Streets Air Rights over Highways, Roads and Streets 27-64-101
Highways, Roads, and Streets Gates and Cattle Guards 27-64-102
Highways, Roads, and Streets Mowing of rights-of-way by adjoining
landowners
27-64-103
Highways, Roads, and Streets Priority of Cases 27-64-104
Historical or Special Interest License Registration and Licensing Special Uses 27-15-2201 et. seq.
Hospice and Palliative Care Special License Plate Act of 2005 27-24 et. seq.
In God We Trust Registration and Licensing Special Uses 27-15-4901 et. seq.
Inspection of road crossing by AHC Railroads 23-12-304
Insurance Common Carrier 23-16-302
Insurance Liability 23-79 et. seq.,
23-89 et. seq.,
27-22 et. seq.
Insurance Proof of 27-13 et. seq.
Insurance School Motor Vehicles 6-21 et. seq.
Insurance - Liability State and Local Governments 21-9-303
482INDEX
SUBJECT SECTION
Intersections Vehicle Operation-Rules of the Road 27-51-501 et. seq.
Investigations Accidents 27-53-301 et. seq.
Korean veteran Special License Plate Act of 2005 27-24 et. seq.
Law Enforcement Special License Plate Act of 2005 27-24 et. seq.
Lebanon Peacekeeping Mission Veteran Special License Plate Act of 2005 27-24 et. seq.
Liability Insurance 23-79 et. seq.,
23-89 et. seq.,
27-22 et. seq.
Licenses and Permits-Issuance of Driver’s Licenses 27-16-801 et. seq.
Licensing Requirements Driver’s Licenses 27-16-601 et. seq.
Licensing Requirements Commercial Driver License 27-23 et. seq.
Lighting Regulations Violations, exemptions 27-36-101 et. seq.
Lighting Regulations Emergency Vehicles 27-36-301 et. seq.
Little Rock Air Force Base Special License Plate Act of 2005 27-24 et. seq.
Little Rock Rangers Soccer Club Special License Plate Act of 2005 27-24 et. seq.
Litter Disposal of solid wastes and other refuse 8-6-401 et. seq.
Maintenance of right-of-way free from
obstructions
Railroads 23-12-201
Medal of Honor Recipients Special License Plate Act of 2005 27-24 et. seq.
Members of General Assembly Special License Plate Act of 2005 27-24 et. seq.
Merchant Marine Special License Plate Act of 2005 27-24 et. seq.
Mileage Audits and Records Reexaminations Commission for Reciprocal Agreements 27-14-505
Military Personnel Privileges 12-62 et. seq.
Military Reserve Special License Plate Act of 2005 27-24 et. seq.
Mini-Trucks Motor Carriers 27-14-726
Miscellaneous Rules Vehicle Operation-Rules of the Road 27-51-1401 et. seq.
Mobile Homes and Houses Size and Load Regulations 27-35-301 et. seq.
Motor Carrier Act Motor Carriers 23-13-202 et. seq.
Motor Carriers General Provision 23-13-102
Motor Carriers Motor Carrier Act 23-13-202 et. seq.
Motor Carriers Passengers 23-13-401 et. seq.
Motor Carriers Transportation Network Company Service Act 23-13-701 et. seq.
Motor Carriers Agriculture Vehicles 27-14-601(a)(3)(H)
Motor Carriers Cotton Modules 27-14-601(f)
Motor Carriers Nonprofit Motor Vehicle Fleets 27-14-611
Motor Carriers Mini-Trucks 27-14-726
Motor Fuels Taxes-Exemption State Taxes 26-55-101
Motor Vehicle Safety Responsibility Act General Provisions 27-19 101 et. seq.
Motor Vehicle Safety Responsibility Act Definitions 27-19-201 et. seq.
Motor Vehicle Safety Responsibility Act Penalties and Administrative Sanctions 27-19-301 et. seq.
Motor Vehicle Safety Responsibility Act Administration 27-19-401 et. seq.
Motor Vehicle Safety Responsibility Act Accident Reports 27-19-501 et. seq.
Motor Vehicle Safety Responsibility Act Security Following Accident 27-19-601 et. seq.
Motor Vehicle Safety Responsibility Act Proof of Future Financial Responsibility 27-19-701 et. seq.
Motor Vehicular Traffic Title, Applicability and Construction 27-49-101et. seq.
Motorboat Registration and Numbering Watercourses and Navigation 27-101 et. seq.
Motorcycle Helmits (Standard Equipment) Motorcycles, Motor-driven Cycles, and
Motorized Bicycles
27-20-104
483 INDEX
SUBJECT SECTION
Motorcycles, Motor-driven Cycles, and
Motorized Bicycles
Motorized Cycles 27-20-101 et. seq.
Motorcycles, Motor-driven Cycles, and
Motorized Bicycles
Motorcycle Helmits (Standard Equipment) 27-20-104
Motorized Cycles Motorcycles, Motor-driven Cycles, and
Motorized Bicycles
27-20-101 et. seq.
Motorized Cycles Three-wheeled, Four-Wheeled, or Six-Wheeled
All-Terrain Cycles
27-20-201 et. seq.
Motorized Cycles Electric Autocycles 27-20-301 et. seq.
Mowing of rights-of-way by adjoining
landowners
Highways, Roads, and Streets 27-64-103
Mufflers Equipment Regulations 27-37-601 et. seq.
New vehicles loaned to school districts by
dealers
Registration and Licensing Special Uses 27-15-4002
Nonresident Violator Compact Articles I - XI 27-54 et. seq.
Notification Hazardous and Toxic Materials 12-79 et. seq.
Obstructing Highways Riots, Disorderly Conduct, Etc. 5-71-214
Offenses and Penalties Penalties and Enforcement 27-50-301 et. seq.
Office of Driver Services Driver’s Licenses 27-16-401 et. seq.
Official Insignia Blue lights/law enforcement insignia sales 5-77 et. seq.
Omnibus DWI Act Driving While Intoxicated 5-65-101 et. seq.
Operation Enduring Freedom Veteran Special License Plate Act of 2005 27-24 et. seq.
Operation Iraqi Freedom Veteran Special License Plate Act of 2005 27-24 et. seq.
Operation of Vehicles-General Provisions Vehicle Operation-Rules of the Road 27-51-101 et. seq.
Operation Urgent Fury Veteran Special License Plate Act of 2005 27-24 et. seq.
Organ Donation Statement of Intent 20-17-501
Organ Donor Awareness Special License Plate Act of 2005 27-24 et. seq.
Orphanages Special License Plate Act of 2005 27-24 et. seq.
Passengers Motor Carriers 23-13-401 et. seq.
Paul’s Law Vehicle Operation-Rules of the Road 27-51-1501 et. seq.
Pearl Harbor Survivor Special License Plate Act of 2005 27-24 et. seq.
Pedestrians Vehicle Operation-Rules of the Road 27-51-1201 et. seq.
Penalties Driver’s Licenses 27-16-301 et. seq.
Penalties and Administrative Sanctions Motor Vehicle Safety Responsibility Act 27-19-301 et. seq.
Penalties and Enforcement Reports of Accidents 27-50-1001 et. seq.
Penalties and Enforcement General Provisions 27-50-101 et. seq.
Penalties and Enforcement Abandoned Vehicles 27-50-1101 et. seq.
Penalties and Enforcement Removal of Unattended or Abandoned Vehicles 27-50-1201 et. seq.
Penalties and Enforcement Enforcement 27-50-201 et. seq.
Penalties and Enforcement Offenses and Penalties 27-50-301 et. seq.
Penalties and Enforcement Highway work zones 27-50-408
Penalties and Enforcement Traffic Citations 27-50-501 et. seq.
Penalties and Enforcement Arrest and Release 27-50-601 et. seq.
Penalties and Enforcement Trial and Judgment 27-50-701 et. seq.
Penalties and Enforcement Convictions 27-50-801 et. seq.
Penalties and Enforcement Central Driver’s Records File 27-50-901 et. seq.
Persian Gulf veteran Special License Plate Act of 2005 27-24 et. seq.
Posted Limitations Highways and Bridges 5-67-104
Precaution by drivers Disabled People 20-14-306
484INDEX
SUBJECT SECTION
Priority of Cases Highways, Roads, and Streets 27-64-104
Privileges Military Personnel 12-62 et. seq.
Proof of Insurance 27-13 et. seq.
Proof of Future Financial Responsibility Motor Vehicle Safety Responsibility Act 27-19-701 et. seq.
Property Damage Criminal Mischief 5-38-203
Public Use Vehicles--Federal Government Special License Plate Act of 2005 27-24 et. seq.
Public Use Vehicles--Local Government Special License Plate Act of 2005 27-24 et. seq.
Public Use Vehicles--State Government Special License Plate Act of 2005 27-24 et. seq.
Purple Heart Special License Plate Act of 2005 27-24 et. seq.
Quail Forever Special License Plate Act of 2005 27-24 et. seq.
Railroad crossing to be under supervision of
the AHC
Railroads 23-12-301
Railroad Grade Crossing Vehicle Operation-Rules of the Road 27-51-701 et. seq.
Railroad Safety and Regulatory Act of 1993 Railroads 23-12-1001 et.seq.
Railroads Enforcement of laws or orders on complaint 23-11-101
Railroads Railroad Safety and Regulatory Act of 1993 23-12-1001 et.seq.
Railroads Maintenance of right-of-way free from
obstructions
23-12-201
Railroads Railroad crossing to be under supervision of
the AHC
23-12-301
Railroads Inspection of road crossing by AHC 23-12-304
Realtors Special License Plate Act of 2005 27-24 et. seq.
Recreational Vehicle Special Event 23-112-901 et.seq.
Registration and Licensing Generally 27-14 et. seq.
Registration and Licensing Special Uses General Provisions-Decal for deaf persons 27-15-101
Registration and Licensing Special Uses Historical or Special Interest License 27-15-2201 et. seq.
Registration and Licensing Special Uses Antique Motorcycles 27-15-2301 et. seq.
Registration and Licensing Special Uses Amateur Radio Operators 27-15-2401 et. seq.
Registration and Licensing Special Uses Access to Parking for Persons with Disabilities
Act
27-15-301 et. seq.
Registration and Licensing Special Uses Special Search and Rescue 27-15-3101 et. seq.
Registration and Licensing Special Uses Buses converted to or equipped as campers 27-15-4001
Registration and Licensing Special Uses New vehicles loaned to school districts by
dealers
27-15-4002
Registration and Licensing Special Uses In God We Trust 27-15-4901 et. seq.
Registration and Licensing Special Uses Arkansas State Golf Association 27-15-5101 et. seq.
Registration and Licensing Special Uses Arkansas Fallen Firefighters Memorial 27-15-5201 et. seq.
Religious Organizations Special License Plate Act of 2005 27-24 et. seq.
Removal of Unattended or Abandoned Vehicles Penalties and Enforcement 27-50-1201 et. seq.
Riots, Disorderly Conduct, Etc. Obstructing Highways 5-71-214
Rock ’n’ Roll Highway 67 State Highway System 27-67-223
Safety and Emergency Equipment Equipment Regulations 27-37-201 et. seq.
School Buses Vehicle Operation-Rules of the Road 27-51-1001 et. seq.
School Buses Transportation 6-19-107 et. seq.
School Motor Vehicles Insurance 6-21 et. seq.
Seat Belt Use-Mandatory Equipment Regulations 27-37-701 et. seq.
Seat Belts Child Passenger Protection 27-34 et. seq.
Security Following Accident Motor Vehicle Safety Responsibility Act 27-19-601 et. seq.
485 INDEX
SUBJECT SECTION
Seizure and forfeiture of motor vehicle Weapons 5-73 et. seq.
Signs Highways and Bridges 5-67 et. seq.
Size and Load Regulations General Provisions 27-35-101 et. seq.
Size and Load Regulations Weights and Dimensions 27-35-201 et. seq.
Size and Load Regulations Mobile Homes and Houses 27-35-301 et. seq.
Smoke Obstructing Highway Highway Safety 27-73-301 et. seq.
Solicitations Highways and Bridges 5-67-107
Special License Plate Act of 2005 4-H clubs 27-24 et. seq.
Special License Plate Act of 2005 Agriculture Education 27-24 et. seq.
Special License Plate Act of 2005 Animal Rescue and Shelters 27-24 et. seq.
Special License Plate Act of 2005 Arkansas Cattlemen’s Foundation 27-24 et. seq.
Special License Plate Act of 2005 Arkansas Future Farmers of America 27-24 et. seq.
Special License Plate Act of 2005 Arkansas Rice Council 27-24 et. seq.
Special License Plate Act of 2005 Arkansas School for the Deaf 27-24 et. seq.
Special License Plate Act of 2005 Arkansas Sheriff’s Association 27-24 et. seq.
Special License Plate Act of 2005 Arkansas State Chapter of National Wild Life
Turkey Federation
27-24 et. seq.
Special License Plate Act of 2005 Arkansas Tennis Association 27-24 et. seq.
Special License Plate Act of 2005 Armed Forces Veteran 27-24 et. seq.
Special License Plate Act of 2005 Autism Awarness 27-24 et. seq.
Special License Plate Act of 2005 Boy Scouts 27-24 et. seq.
Special License Plate Act of 2005 Boy Scouts of America 27-24 et. seq.
Special License Plate Act of 2005 Children’s Cancer Research 27-24 et. seq.
Special License Plate Act of 2005 Choose Life 27-24 et. seq.
Special License Plate Act of 2005 Civil Air Patrol 27-24 et. seq.
Special License Plate Act of 2005 Cold War Veteran 27-24 et. seq.
Special License Plate Act of 2005 Colleges and Universities 27-24 et. seq.
Special License Plate Act of 2005 Committed to Education 27-24 et. seq.
Special License Plate Act of 2005 Constables 27-24 et. seq.
Special License Plate Act of 2005 Conservation Districts 27-24 et. seq.
Special License Plate Act of 2005 Constitutional Officer 27-24 et. seq.
Special License Plate Act of 2005 Court Appointed Special Advocates 27-24 et. seq.
Special License Plate Act of 2005 County Quorum Courts 27-24 et. seq.
Special License Plate Act of 2005 Department of Parks and Tourism 27-24 et. seq.
Special License Plate Act of 2005 Disabled Veterans 27-24 et. seq.
Special License Plate Act of 2005 Distinguished Flying Cross 27-24 et. seq.
Special License Plate Act of 2005 Dr. Martin Luther King, Jr. 27-24 et. seq.
Special License Plate Act of 2005 Ducks Unlimited 27-24 et. seq.
Special License Plate Act of 2005 Emercency medical technicians 27-24 et. seq.
Special License Plate Act of 2005 Ex-Prisoners of War 27-24 et. seq.
Special License Plate Act of 2005 Fire Fighters 27-24 et. seq.
Special License Plate Act of 2005 Foreign Wars Veterans 27-24 et. seq.
Special License Plate Act of 2005 Fraternal Order of Police 27-24 et. seq.
Special License Plate Act of 2005 Fraternities and Sororities 27-24 et. seq.
Special License Plate Act of 2005 Game and Fish Commission 27-24 et. seq.
Special License Plate Act of 2005 Hospice and Palliative Care 27-24 et. seq.
Special License Plate Act of 2005 Korean War veteran 27-24 et. seq.
486INDEX
SUBJECT SECTION
Special License Plate Act of 2005 Law Enforcement 27-24 et. seq.
Special License Plate Act of 2005 Lebanan Peacekeeping Mission Veteran 27-24 et. seq.
Special License Plate Act of 2005 Little Rock Air Force Base 27-24 et. seq.
Special License Plate Act of 2005 Little Rock Rangers Soccer Club 27-24 et. seq.
Special License Plate Act of 2005 Medal of Honor Recipients 27-24 et. seq.
Special License Plate Act of 2005 Members of General Assembly 27-24 et. seq.
Special License Plate Act of 2005 Merchant Marine 27-24 et. seq.
Special License Plate Act of 2005 Military Reserve 27-24 et. seq.
Special License Plate Act of 2005 Operation Enduring Freedom Veteran 27-24 et. seq.
Special License Plate Act of 2005 Operation Iraqi Freedom Veteran 27-24 et. seq.
Special License Plate Act of 2005 Operation Urgent Fury Veteran 27-24 et. seq.
Special License Plate Act of 2005 Organ Donor Awareness 27-24 et. seq.
Special License Plate Act of 2005 Orphanages 27-24 et. seq.
Special License Plate Act of 2005 Pearl Harbor Survivor 27-24 et. seq.
Special License Plate Act of 2005 Persian Gulf veteran 27-24 et. seq.
Special License Plate Act of 2005 Public Use Vehicles--Federal Government 27-24 et. seq.
Special License Plate Act of 2005 Public Use Vehicles--Local Government 27-24 et. seq.
Special License Plate Act of 2005 Public Use Vehicles--State Government 27-24 et. seq.
Special License Plate Act of 2005 Purple Heart 27-24 et. seq.
Special License Plate Act of 2005 Quail Forever 27-24 et. seq.
Special License Plate Act of 2005 Realtors 27-24 et. seq.
Special License Plate Act of 2005 Religious Organizations 27-24 et. seq.
Special License Plate Act of 2005 Special Retired State Troopers 27-24 et. seq.
Special License Plate Act of 2005 Street Rod 27-24 et. seq.
Special License Plate Act of 2005 Surviving spouse (Military Service and
Veterans)
27-24 et. seq.
Special License Plate Act of 2005 Susan G. Komen Breast Cancer Education,
Research, and Awareness
27-24 et seq.
Special License Plate Act of 2005 United States Armed Forces Retired 27-24 et. seq.
Special License Plate Act of 2005 United States Veterans 27-24 et. seq.
Special License Plate Act of 2005 Vietnam veteran 27-24 et. seq.
Special License Plate Act of 2005 Volunteer Rescue Squads 27-24 et. seq.
Special License Plate Act of 2005 World War II veteran 27-24 et. seq.
Special License Plate Act of 2005 Youth Groups 27-24 et. seq.
Special Retired State Troopers Special License Plate Act of 2005 27-24 et. seq.
Special Search and Rescue Registration and Licensing Special Uses 27-15-3101 et. seq.
Speed Limits Vehicle Operation-Rules of the Road 27-51-201 et. seq.
Spot Lights Highways and Bridges 5-67-106
State and Local Governments Insurance - Liability 21-9-303
State Highway System 27-67 et. seq.
State Police 12-8 et. seq.
State Taxes Gross Receipts Tax 26-52 et. seq.
State Taxes Compensating or Use Taxes 26-53-126
State Taxes Motor Fuels Taxes-Exemptions 26-55-101
Statement of Intent Organ Donation 20-17-501
Stopping, Standing, or Parking Vehicle Operation-Rules of the Road 27-51-1301 et. seq.
Stops and Yielding Vehicle Operation-Rules of the Road 27-51-601 et. seq.
487 INDEX
SUBJECT SECTION
Street Rod Special License Plate Act of 2005 27-24 et. seq.
Streetcars Vehicle Operation-Rules of the Road 27-51-801 et. seq.
Surviving spouse (Military Service and
Veterans)
Special License Plate Act of 2005 27-24 et. seq.
Susan G. Komen Breast Cancer Education,
Research, and Awareness
Special License Plate Act of 2005 27-24 et. seq.
Theft Unauthorized use of vehicle 5-36-108
Three-wheeled, Four-Wheeled, or Six-Wheeled
All-Terrain Cycles
Motorized Cycles 27-20-201 et. seq.
Tires Equipment Regulations 27-37-401 et. seq.
Title, Applicability and Construction Motor Vehicular Traffic 27-49-101et. seq.
Traffic Citations Penalties and Enforcement 27-50-501 et. seq.
Traffic-Control Devices General Provisions 27-52-101 et. seq.
Traffic-Control Devices Uniform System 27-52-201 et. seq.
Transportation School Buses 6-19-107 et. seq.
Transportation of Hazardous Materials Hazardous and Toxic Materials 27-2 et. seq.
Transportation Network Company Service Act Motor Carriers 27-13-701 et. seq.
Transportation-Related Research Grant
Program
State Highway Commission 27-65-145
Trial and Judgment Penalties and Enforcement 27-50-701 et. seq.
Turning, Stopping, and Signaling Vehicle Operation-Rules of the Road 27-51-401 et. seq.
Unauthorized use of vehicle Theft 5-36-108
Underaged Driving under the Influence Driving While Intoxicated 5-65-301 et. seq.
Uniform Filing Fees and Court Costs Court Costs 16-10-305
Uniform System Traffic-Control Devices 27-52-201 et. seq.
United States Armed Forces Retired Special License Plate Act of 2005 27-24 et. seq.
United States Veteran Special License Plate Act of 2005 27-24 et. seq.
Vehicle Operation-Rules of the Road School Buses 27-51-1001 et. seq.
Vehicle Operation-Rules of the Road Operation of Vehicles-General Provisions 27-51-101 et. seq.
Vehicle Operation-Rules of the Road Church Buses 27-51-1101 et. seq.
Vehicle Operation-Rules of the Road Pedestrians 27-51-1201 et. seq.
Vehicle Operation-Rules of the Road Stopping, Standing, or Parking 27-51-1301 et. seq.
Vehicle Operation-Rules of the Road Miscellaneous Rules 27-51-1401 et. seq.
Vehicle Operation-Rules of the Road Paul’s Law 27-51-1501 et. seq.
Vehicle Operation-Rules of the Road Fewer Distrations Mean Safer Driving Act 27-51-1601 et. seq.
Vehicle Operation-Rules of the Road Speed Limits 27-51-201 et. seq.
Vehicle Operation-Rules of the Road Driving, Overtaking, and Passing 27-51-301 et. seq.
Vehicle Operation-Rules of the Road Turning, Stopping, and Signaling 27-51-401 et. seq.
Vehicle Operation-Rules of the Road Intersections 27-51-501 et. seq.
Vehicle Operation-Rules of the Road Stops and Yielding 27-51-601 et. seq.
Vehicle Operation-Rules of the Road Railroad Grade Crossing 27-51-701 et. seq.
Vehicle Operation-Rules of the Road Streetcars 27-51-801 et. seq.
Vehicle Operation-Rules of the Road Emergency Vehicles 27-51-901 et. seq.
Vehicle Registration Vocational-Technical Schools 6-51-101
Veterans of Foreign Wars Motorcyles, Motor-driven Cycles, and
Motorized Bicycles
27-20-120
Vietnam veteran Special License Plate Act of 2005 27-24 et. seq.
Violations Equipment Regulations 27-37-101 et. seq.
488INDEX
SUBJECT SECTION
Violations, exemptions Lighting Regulations 27-36-101 et. seq.
Vocational-Technical Schools Vehicle Registration 6-51-101
Volunteer Rescue Squads Special License Plate Act of 2005 27-24 et. seq.
Watercourses and Navigation Motorboat Registration and Numbering 27-101 et. seq.
Weapons Seizure and forfeiture of motor vehicle 5-73 et. seq.
Weights and Dimensions Size and Load Regulations 27-35-201 et. seq.
World War II veteran Special License Plate Act of 2005 27-24 et. seq.
Youth Groups Special License Plate Act of 2005 27-24 et. seq.
489 INDEX
