Ark. Code Ann. § 27-72-304 — AR Code / Title 27 / Chapter 72 / Subchapter 3 / Section 27-72-304
State aid engineer
Status: in_force

(a) The Division of State Aid Road Construction shall be headed by a state aid engineer. (b) The state aid engineer shall be a registered engineer with at least three (3) years experience as a county road or highway engineer and a thorough knowledge of rural road problems. (c) The state aid engineer under the direction of the Arkansas Department of Transportation shall have the following powers and duties: (1) To advise with the county judges of the several counties on all matters of policy, use of funds, uniform standards for state aid roads, safeguards in accounting methods, and other related matters and to cooperate with the several county judges on all matters connected with the laying out and construction of the state aid system of county roads; (2) To promulgate uniform and reasonable rules and regulations as he or she may deem necessary to effectuate a proper designation of state aid roads to be constructed in each county, the methods for determining priority of construction, the making of surveys, and the preparation of plans and specifications for the construction of state aid roads; (3) To provide a uniform system of accounting in the expenditure of state aid road funds; (4) To prepare and promulgate practical uniform design standards and specifications for the construction of state aid roads in such a way as to get the most miles for each dollar, with the prime consideration being to provide economical, utilitarian paved roads suitable for rural needs, not to accommodate relatively large amounts of traffic or to be designed for high speed transportation. These uniform design standards and specifications may be modified or amended from time to time as the state aid engineer deems necessary; (5) To advise and cooperate with the county judges in the selection and designation of the county roads which are to be made a part of the state aid road system, as provided for in this subchapter, and to approve or disapprove the selection of roads to be made a part of the state aid road system by the respective county judges; (6) To prepare and to submit to the State Highway Commission all proposed contracts to be let for the construction or reconstruction of state aid roads, but before submitting the contracts to the commission, he or she shall submit them to the county judge of the county in which the work is to be performed in order that the county judge may determine that they include, in all respects, the work the county desires to be done in the county to be paid from its share of state aid funds; and (7) To personally, or through his or her designated assistants, supervise and inspect all state aid road projects as the work progresses. Upon final completion of any project, the state aid engineer shall cause a final inspection to be made of the project for the purpose of determining whether the project has been completed satisfactorily in accordance with the plans and specifications, and if satisfactorily completed, he or she shall approve payment of the final estimate on the project. No progress or final estimate either on a contract or a force account project shall be paid unless approved in such manner by the state aid engineer, and on all contracts or force accounts projects a percentage of ten percent (10%) of each estimate thereon paid shall be retained until final acceptance of such project. (d) (1) The state aid engineer shall be subject to the direction of the department. (2) However, both the state aid engineer and the department shall be bound by the provisions of this section. Amended by Act 2017, No. 707,§ 416, eff. 8/1/2017. Amended by Act 2017, No. 457,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 457,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 457,§ 1, eff. 8/1/2017. Acts 1973, No. 445, §§ 8, 9; A.S.A. 1947, §§ 76-454, 76-455.

(a) The Division of State Aid Road Construction shall be headed by a state aid engineer.

(b) The state aid engineer shall be a registered engineer with at least three (3) years experience as a county road or highway engineer and a thorough knowledge of rural road problems.

(c) The state aid engineer under the direction of the Arkansas Department of Transportation shall have the following powers and duties: (1) To advise with the county judges of the several counties on all matters of policy, use of funds, uniform standards for state aid roads, safeguards in accounting methods, and other related matters and to cooperate with the several county judges on all matters connected with the laying out and construction of the state aid system of county roads; (2) To promulgate uniform and reasonable rules and regulations as he or she may deem necessary to effectuate a proper designation of state aid roads to be constructed in each county, the methods for determining priority of construction, the making of surveys, and the preparation of plans and specifications for the construction of state aid roads; (3) To provide a uniform system of accounting in the expenditure of state aid road funds; (4) To prepare and promulgate practical uniform design standards and specifications for the construction of state aid roads in such a way as to get the most miles for each dollar, with the prime consideration being to provide economical, utilitarian paved roads suitable for rural needs, not to accommodate relatively large amounts of traffic or to be designed for high speed transportation. These uniform design standards and specifications may be modified or amended from time to time as the state aid engineer deems necessary; (5) To advise and cooperate with the county judges in the selection and designation of the county roads which are to be made a part of the state aid road system, as provided for in this subchapter, and to approve or disapprove the selection of roads to be made a part of the state aid road system by the respective county judges; (6) To prepare and to submit to the State Highway Commission all proposed contracts to be let for the construction or reconstruction of state aid roads, but before submitting the contracts to the commission, he or she shall submit them to the county judge of the county in which the work is to be performed in order that the county judge may determine that they include, in all respects, the work the county desires to be done in the county to be paid from its share of state aid funds; and (7) To personally, or through his or her designated assistants, supervise and inspect all state aid road projects as the work progresses. Upon final completion of any project, the state aid engineer shall cause a final inspection to be made of the project for the purpose of determining whether the project has been completed satisfactorily in accordance with the plans and specifications, and if satisfactorily completed, he or she shall approve payment of the final estimate on the project. No progress or final estimate either on a contract or a force account project shall be paid unless approved in such manner by the state aid engineer, and on all contracts or force accounts projects a percentage of ten percent (10%) of each estimate thereon paid shall be retained until final acceptance of such project.

(1) To advise with the county judges of the several counties on all matters of policy, use of funds, uniform standards for state aid roads, safeguards in accounting methods, and other related matters and to cooperate with the several county judges on all matters connected with the laying out and construction of the state aid system of county roads;

(2) To promulgate uniform and reasonable rules and regulations as he or she may deem necessary to effectuate a proper designation of state aid roads to be constructed in each county, the methods for determining priority of construction, the making of surveys, and the preparation of plans and specifications for the construction of state aid roads;

(3) To provide a uniform system of accounting in the expenditure of state aid road funds;

(4) To prepare and promulgate practical uniform design standards and specifications for the construction of state aid roads in such a way as to get the most miles for each dollar, with the prime consideration being to provide economical, utilitarian paved roads suitable for rural needs, not to accommodate relatively large amounts of traffic or to be designed for high speed transportation. These uniform design standards and specifications may be modified or amended from time to time as the state aid engineer deems necessary;

(5) To advise and cooperate with the county judges in the selection and designation of the county roads which are to be made a part of the state aid road system, as provided for in this subchapter, and to approve or disapprove the selection of roads to be made a part of the state aid road system by the respective county judges;

(6) To prepare and to submit to the State Highway Commission all proposed contracts to be let for the construction or reconstruction of state aid roads, but before submitting the contracts to the commission, he or she shall submit them to the county judge of the county in which the work is to be performed in order that the county judge may determine that they include, in all respects, the work the county desires to be done in the county to be paid from its share of state aid funds; and

(7) To personally, or through his or her designated assistants, supervise and inspect all state aid road projects as the work progresses. Upon final completion of any project, the state aid engineer shall cause a final inspection to be made of the project for the purpose of determining whether the project has been completed satisfactorily in accordance with the plans and specifications, and if satisfactorily completed, he or she shall approve payment of the final estimate on the project. No progress or final estimate either on a contract or a force account project shall be paid unless approved in such manner by the state aid engineer, and on all contracts or force accounts projects a percentage of ten percent (10%) of each estimate thereon paid shall be retained until final acceptance of such project.

(d) (1) The state aid engineer shall be subject to the direction of the department. (2) However, both the state aid engineer and the department shall be bound by the provisions of this section.

(1) The state aid engineer shall be subject to the direction of the department.

(2) However, both the state aid engineer and the department shall be bound by the provisions of this section.

Amended by Act 2017, No. 707,§ 416, eff. 8/1/2017.

Amended by Act 2017, No. 457,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 457,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 457,§ 1, eff. 8/1/2017.

Acts 1973, No. 445, §§ 8, 9; A.S.A. 1947, §§ 76-454, 76-455.
Ark. Code Ann. § 27-51-310 — AR Code / Title 27 / Chapter 51 / Subchapter 3 / Section 27-51-310
Passing authorized vehicle stopped on highway - Definition
Status: in_force

(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 position 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 subdivision (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 contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned. (2) In addition to the penalties prescribed in subdivision (c)(1) of this section, the court may order community service for not more than seven (7) days and may suspend the person's driver's license for a period of not less than ninety (90) days nor more than six (6) months. (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 person is presumed to have been the driver of the vehicle at the time of the violation. Amended by Act 2019, No. 550,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 351, eff. 8/1/2017. Amended by Act 2013, No. 579,§ 1, eff. 8/16/2013. Acts 2003, No. 1102, § 1; 2007, No. 1412, § 1; 2009, No. 483, § 5.

(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 .

(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 .

(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 position 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 subdivision (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.

(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 position from the authorized vehicle; (B) Remain in that lane or position until the driver passes the authorized vehicle; and (C) Otherwise exercise due caution.

(A) Move to the farthest possible lane or position 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 subdivision (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.

(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 contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned. (2) In addition to the penalties prescribed in subdivision (c)(1) of this section, the court may order community service for not more than seven (7) days and may suspend the person's driver's license for a period of not less than ninety (90) days nor more than six (6) months.

(1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned.

(2) In addition to the penalties prescribed in subdivision (c)(1) of this section, the court may order community service for not more than seven (7) days and may suspend the person's driver's license for a period of not less than ninety (90) days nor more than six (6) months.

(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 person is presumed to have been the driver of the vehicle at the time of the violation.

Amended by Act 2019, No. 550,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 351, eff. 8/1/2017.

Amended by Act 2013, No. 579,§ 1, eff. 8/16/2013.

Acts 2003, No. 1102, § 1; 2007, No. 1412, § 1; 2009, No. 483, § 5.
Ark. Code Ann. § 27-14-101 — AR Code / Title 27 / Chapter 14 / Subchapter 1 / Section 27-14-101
Title
Status: in_force

This chapter may be cited as the "Motor Vehicle Administration, Certificate of Title, and Antitheft Act". Amended by Act 2017, No. 448,§ 1, eff. 8/1/2017. Acts 1949, No. 142, § 90; A.S.A. 1947, § 75-190.

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

Amended by Act 2017, No. 448,§ 1, eff. 8/1/2017.

Acts 1949, No. 142, § 90; A.S.A. 1947, § 75-190.
Ark. Code Ann. § 27-14-903 — AR Code / Title 27 / Chapter 14 / Subchapter 9 / Section 27-14-903
Registration by transferee - Title retention notes - Definition
Status: in_force

(a) (1) The transferee of a new or used vehicle required by law to be registered shall apply for the registration of the vehicle within sixty (60) days after the date of the release of lien by a prior lienholder, as provided in § 27-14-909 , or sixty (60) days after the date of the transfer if no lien exists. (2) A vehicle shall not be operated upon a public street or highway for more than sixty (60) days after the release of lien by a prior lienholder, as provided in § 27-14-909 , or sixty (60) days after the transfer date if no lien exists, unless a valid registration plate is properly attached to the vehicle. (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 purchaser'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 provisions of §§ 27-14-802 and 27-14-806 . Amended by Act 2023, No. 41,§ 3, eff. 8/1/2023. 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.

(a) (1) The transferee of a new or used vehicle required by law to be registered shall apply for the registration of the vehicle within sixty (60) days after the date of the release of lien by a prior lienholder, as provided in § 27-14-909 , or sixty (60) days after the date of the transfer if no lien exists. (2) A vehicle shall not be operated upon a public street or highway for more than sixty (60) days after the release of lien by a prior lienholder, as provided in § 27-14-909 , or sixty (60) days after the transfer date if no lien exists, unless a valid registration plate is properly attached to the vehicle.

(1) The transferee of a new or used vehicle required by law to be registered shall apply for the registration of the vehicle within sixty (60) days after the date of the release of lien by a prior lienholder, as provided in § 27-14-909 , or sixty (60) days after the date of the transfer if no lien exists.

(2) A vehicle shall not be operated upon a public street or highway for more than sixty (60) days after the release of lien by a prior lienholder, as provided in § 27-14-909 , or sixty (60) days after the transfer date if no lien exists, unless a valid registration plate is properly attached to the vehicle.

(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 purchaser'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.

(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 purchaser's ability to comply with subsection (b) of this section.

(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 purchaser'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 provisions of §§ 27-14-802 and 27-14-806 .

Amended by Act 2023, No. 41,§ 3, eff. 8/1/2023.

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.
Ark. Code Ann. § 27-14-1701 — AR Code / Title 27 / Chapter 14 / Subchapter 17 / Section 27-14-1701
Operation of vehicles under special plates
Status: in_force

(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 highways solely for purposes of transporting it without registering each vehicle, upon condition that any such vehicle display a special plate or temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag issued to the owner as provided in this subchapter. (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 reasonably 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 manufacturer, transporter, or dealer. (d) (1) The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the special temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag required under this section. (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 of Motor Vehicle. (B) In addition, the expiration date of the preprinted paper tag shall be shown in ink on the tag in a place to be determined by the Office of Motor Vehicle. (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. Amended by Act 2019, No. 910,§ 4598, eff. 7/1/2019. Acts 1949, No. 142, § 62; A.S.A. 1947, § 75-162; Acts 2005, No. 1929, § 2; 2009, No. 484, § 2.

(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 highways solely for purposes of transporting it without registering each vehicle, upon condition that any such vehicle display a special plate or temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag issued to the owner as provided in this subchapter.

(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 reasonably be required by the Office of Motor Vehicle.

(1) A transporter may operate or move any vehicle of like type upon the highways solely for the purpose of delivery, upon displaying a special plate issued to him or her as provided in § 27-14-1806 .

(2) The transporter shall submit proof of his or her status as a bona fide transporter as may reasonably be required by the Office of Motor Vehicle.

(c) The provisions of this subchapter shall not apply to work or service vehicles owned by a manufacturer, transporter, or dealer.

(d) (1) The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the special temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag required under this section. (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 of Motor Vehicle. (B) In addition, the expiration date of the preprinted paper tag shall be shown in ink on the tag in a place to be determined by the Office of Motor Vehicle. (C) The expiration date shall be covered by a sticker for added security.

(1) The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the special temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag required under this section.

(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 of Motor Vehicle. (B) In addition, the expiration date of the preprinted paper tag shall be shown in ink on the tag in a place to be determined by the Office of Motor Vehicle. (C) The expiration date shall be covered by a sticker for added security.

(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 of Motor Vehicle.

(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 of Motor Vehicle.

(B) In addition, the expiration date of the preprinted paper tag shall be shown in ink on the tag in a place to be determined by the Office of Motor Vehicle.

(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.

(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.

Amended by Act 2019, No. 910,§ 4598, eff. 7/1/2019.

Acts 1949, No. 142, § 62; A.S.A. 1947, § 75-162; Acts 2005, No. 1929, § 2; 2009, No. 484, § 2.
Ark. Code Ann. § 27-38-203 — AR Code / Title 27 / Chapter 38 / Subchapter 2 / Section 27-38-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 448,§ 36, eff. 8/1/2017. Acts 1957, No. 116, § 2; A.S.A. 1947, § 75-1307.

Repealed by Act 2017, No. 448,§ 36, eff. 8/1/2017.

Acts 1957, No. 116, § 2; A.S.A. 1947, § 75-1307.
Ark. Code Ann. § 27-14-2304 — AR Code / Title 27 / Chapter 14 / Subchapter 23 / Section 27-14-2304
Violations - Penalties
Status: in_force

(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 of Motor Vehicle, 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 contendere to or who is found guilty of failing to disclose the information provided for in § 27-14-2302 or any motor vehicle owner who conceals or attempts to conceal the fact that the motor vehicle has been damaged from any prospective buyer or purchaser in violation of this subchapter shall be guilty of a Class A misdemeanor and shall be punished as provided by law. (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. Acts 1993, No. 614, § 4.

(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 of Motor Vehicle, 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 contendere to or who is found guilty of failing to disclose the information provided for in § 27-14-2302 or any motor vehicle owner who conceals or attempts to conceal the fact that the motor vehicle has been damaged from any prospective buyer or purchaser in violation of this subchapter shall be guilty of a Class A misdemeanor and shall be punished as provided by law.

(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.

Acts 1993, No. 614, § 4.
Ark. Code Ann. § 27-87-401 — AR Code / Title 27 / Chapter 87 / Subchapter 4 / Section 27-87-401
Regulation - Fines
Status: in_force

(a) The toll of ferries that are established shall at all times be subject to regulation by the county court in which the ferry may be kept. (b) Every keeper of a ferry shall keep constantly posted in some conspicuous place at the ferry the rates of toll allowed to be charged. If any ferrykeeper fails or neglects to do so, he or she shall forfeit and pay the sum of four dollars ($4.00) for every neglect. Each day that the ferry rates are not posted shall constitute a separate offense. The sum shall be recovered in a civil action before any justice of the county, one-half (½) for the use of the prosecutor and one-half (½) to the county. (c) Should any keeper presume to charge or demand more than what the county court may have allowed, the keeper shall forfeit and pay for every offense the sum of ten dollars ($10.00), to be recovered before any justice of the peace of the township in which such ferry is located by any person of whom the demand may be made. Rev. Stat., ch. 62, § 18; Acts 1873, No. 31, § 20, p. 53; C. & M. Dig., §§ 4701, 4717, 4718; Pope's Dig., §§ 5800, 5816, 5817; A.S.A. 1947, §§ 76-1720, 76-1721.

(a) The toll of ferries that are established shall at all times be subject to regulation by the county court in which the ferry may be kept.

(b) Every keeper of a ferry shall keep constantly posted in some conspicuous place at the ferry the rates of toll allowed to be charged. If any ferrykeeper fails or neglects to do so, he or she shall forfeit and pay the sum of four dollars ($4.00) for every neglect. Each day that the ferry rates are not posted shall constitute a separate offense. The sum shall be recovered in a civil action before any justice of the county, one-half (½) for the use of the prosecutor and one-half (½) to the county.

(c) Should any keeper presume to charge or demand more than what the county court may have allowed, the keeper shall forfeit and pay for every offense the sum of ten dollars ($10.00), to be recovered before any justice of the peace of the township in which such ferry is located by any person of whom the demand may be made.

Rev. Stat., ch. 62, § 18; Acts 1873, No. 31, § 20, p. 53; C. & M. Dig., §§ 4701, 4717, 4718; Pope's Dig., §§ 5800, 5816, 5817; A.S.A. 1947, §§ 76-1720, 76-1721.
Ark. Code Ann. § 27-14-1704 — AR Code / Title 27 / Chapter 14 / Subchapter 17 / Section 27-14-1704
Dealer's extra license plates
Status: in_force

(a) Each dealer as defined in § 27-14-601(a)(6) shall furnish the Secretary of the Department of Finance and Administration with a list of each manager, sales manager, and salesperson authorized to operate a motor vehicle to which a dealer's extra license plate issued to the dealer has been or will be attached: (1) Upon initial application for dealer's extra license plates as provided in § 27-14-1702 ; and (2) Upon renewal of dealer's extra license plates as provided in § 27-14-1703 . (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 outside 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 salesperson 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 subsequent offenses. (e) (1) (A) In addition to any other penalty prescribed by this chapter, the secretary may suspend some or all dealer's extra license plates issued to a dealer if the secretary determines that the dealer or any manager, sales manager, or salesperson of the dealer either misused a dealer's extra license plate or allowed the use of a dealer's extra license plate by a person who is not authorized by this section to use a dealer's extra license plate. (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 secretary shall: (i) Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized 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 unauthorized 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 secretary in writing within twenty (20) days after receipt of the notice of suspension. (B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone. (C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure 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 secretary. (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 reversing the suspension is issued by the circuit court. (B) An appeal from the circuit court shall be in accordance with the laws governing appeals. Amended by Act 2019, No. 910,§ 4605, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4604, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4603, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4602, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4601, eff. 7/1/2019. Acts 2005, No. 1929, § 4; 2011, No. 606, § 1.

(a) Each dealer as defined in § 27-14-601(a)(6) shall furnish the Secretary of the Department of Finance and Administration with a list of each manager, sales manager, and salesperson authorized to operate a motor vehicle to which a dealer's extra license plate issued to the dealer has been or will be attached: (1) Upon initial application for dealer's extra license plates as provided in § 27-14-1702 ; and (2) Upon renewal of dealer's extra license plates as provided in § 27-14-1703 .

(1) Upon initial application for dealer's extra license plates as provided in § 27-14-1702 ; and

(2) Upon renewal of dealer's extra license plates as provided in § 27-14-1703 .

(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 outside the dealer's county of residence; (3) To transport the vehicle; or (4) To demonstrate the vehicle.

(1) To drive to and from work;

(2) For business or personal trips inside or outside the dealer's county of residence;

(3) To transport the vehicle; or

(4) To demonstrate the vehicle.

(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 salesperson 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 subsequent offenses.

(e) (1) (A) In addition to any other penalty prescribed by this chapter, the secretary may suspend some or all dealer's extra license plates issued to a dealer if the secretary determines that the dealer or any manager, sales manager, or salesperson of the dealer either misused a dealer's extra license plate or allowed the use of a dealer's extra license plate by a person who is not authorized by this section to use a dealer's extra license plate. (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 secretary shall: (i) Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized 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 unauthorized 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 secretary in writing within twenty (20) days after receipt of the notice of suspension. (B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone. (C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure 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 secretary. (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 reversing the suspension is issued by the circuit court. (B) An appeal from the circuit court shall be in accordance with the laws governing appeals.

(1) (A) In addition to any other penalty prescribed by this chapter, the secretary may suspend some or all dealer's extra license plates issued to a dealer if the secretary determines that the dealer or any manager, sales manager, or salesperson of the dealer either misused a dealer's extra license plate or allowed the use of a dealer's extra license plate by a person who is not authorized by this section to use a dealer's extra license plate. (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 secretary shall: (i) Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized 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 unauthorized use of the dealer's extra license plates; or (ii) One (1) year for any subsequent misuse or unauthorized use.

(A) In addition to any other penalty prescribed by this chapter, the secretary may suspend some or all dealer's extra license plates issued to a dealer if the secretary determines that the dealer or any manager, sales manager, or salesperson of the dealer either misused a dealer's extra license plate or allowed the use of a dealer's extra license plate by a person who is not authorized by this section to use a dealer's extra license plate.

(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 secretary shall: (i) Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized under this section; and (ii) Provide information regarding the misuse or unauthorized use upon which the suspension was based in the notice.

(i) Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized 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 unauthorized use of the dealer's extra license plates; or (ii) One (1) year for any subsequent misuse or unauthorized use.

(i) Six (6) months for the first misuse or unauthorized 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 secretary in writing within twenty (20) days after receipt of the notice of suspension. (B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone. (C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure 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.

(A) Any dealer who desires a hearing on the suspension shall notify the secretary in writing within twenty (20) days after receipt of the notice of suspension.

(B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone.

(C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure 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 secretary. (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 reversing the suspension is issued by the circuit court. (B) An appeal from the circuit court shall be in accordance with the laws governing appeals.

(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 secretary. (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 reversing the suspension is issued by the circuit court.

(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 secretary.

(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 reversing the suspension is issued by the circuit court.

(B) An appeal from the circuit court shall be in accordance with the laws governing appeals.

Amended by Act 2019, No. 910,§ 4605, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4604, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4603, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4602, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4601, eff. 7/1/2019.

Acts 2005, No. 1929, § 4; 2011, No. 606, § 1.
Ark. Code Ann. § 27-101-203 — AR Code / Title 27 / Chapter 101 / Subchapter 2 / Section 27-101-203
Equipment requirements - Definition
Status: in_force

(a) (1) Every vessel shall have aboard: (A) One (1) United States Coast Guard-approved wearable personal flotation device that is: (i) Used according to its approved conditions; (ii) In good and serviceable condition; and (iii) Of proper size for each person on board; (B) A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board; (C) A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has: (i) Permanently installed fuel tanks; (ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored; (iii) A double-bottom not sealed to the hull or not completely filled with flotation material; (iv) Enclosed living spaces; or (v) Closed stowage compartments where combustible or flammable materials may be stowed; (D) If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person; (E) Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and (F) In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device. (2) Each person being towed in a water sport activity must wear or have securely upon his or her body a life preserver or buoyant vest of the types described in subdivision (a)(1)(A) of this section in good and serviceable condition at all times while engaging in the water sport activity. (3) In addition, all occupants of personal watercraft must wear a personal flotation device of the types described above while aboard the vessel. (4) Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices of the types described above securely fastened to their persons at all times while aboard any vessel, unless such occupants are within the enclosed area of a houseboat or cruiser, unless underway, or within the area enclosed by railings on a party barge, cruiser, or houseboat, unless underway. (5) In addition, the requirements of subdivisions (a)(1)(A) and (F) of this section and subdivisions (a)(2)-(4) of this section shall not be applicable to organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions, or to persons participating in those activities or exhibitions. (6) When in operation during hours of darkness on waters under the jurisdiction of the United States, a motorboat's lighting shall be in accordance with the following specifications: (A) Class A and Class 1 under twenty-six feet (26') - combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass; (B) Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') - twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and (C) Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules. (7) When in operation during hours of darkness on state-controlled waters, a motorboat's lighting shall be sufficient to make the motorboat's presence and location known to any and all other vessels within a reasonable distance. (b) No person shall operate or give permission for the operation of a motorboat which is not equipped as required by subsection (a) of this section or a modification thereof. (c) The use of dry stack headers or pipes extending directly from the engine of a motorboat which does not have any type of muffler is prohibited except for motorboats competing in a sanctioned regatta or boat race and for those motorboats while on trial runs during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for those motorboats while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following the regatta or race and only on the body of water where the regatta or boat race is being held. (d) No vessel used on the waters of this state shall be equipped with a siren, except vessels used by law enforcement officers. (e) (1) (A) No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel. (B) However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device. (2) As used in this subsection, "lanyard-type engine cutoff switch" means an emergency engine or motor shut-off switch that attaches by a lanyard to the person operating the motorboat and that is constructed and installed in a manner so that when in use, the switch will immediately shut off the boat's engine or motor if the operator falls overboard or is removed from the normal operating station of the boat. (3) This subsection does not apply to flat-bottomed boats operated on the tailwaters of a trout fishery nor to flat-bottomed boats operated for duck hunting purposes during duck season. Amended by Act 2019, No. 315,§ 3180, eff. 7/24/2019. Amended by Act 2015, No. 694,§ 1, eff. 7/22/2015. Acts 1959, No. 453, §§ 5, 8; 1961, No. 423, §§ 2, 4; 1965, No. 408, § 1; A.S.A. 1947, §§ 21-225, 21-228, 21-237; Acts 1995, No. 517, §§ 9, 10; 2003, No. 127, § 1; 2005, No. 1297, § 2.

(a) (1) Every vessel shall have aboard: (A) One (1) United States Coast Guard-approved wearable personal flotation device that is: (i) Used according to its approved conditions; (ii) In good and serviceable condition; and (iii) Of proper size for each person on board; (B) A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board; (C) A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has: (i) Permanently installed fuel tanks; (ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored; (iii) A double-bottom not sealed to the hull or not completely filled with flotation material; (iv) Enclosed living spaces; or (v) Closed stowage compartments where combustible or flammable materials may be stowed; (D) If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person; (E) Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and (F) In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device. (2) Each person being towed in a water sport activity must wear or have securely upon his or her body a life preserver or buoyant vest of the types described in subdivision (a)(1)(A) of this section in good and serviceable condition at all times while engaging in the water sport activity. (3) In addition, all occupants of personal watercraft must wear a personal flotation device of the types described above while aboard the vessel. (4) Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices of the types described above securely fastened to their persons at all times while aboard any vessel, unless such occupants are within the enclosed area of a houseboat or cruiser, unless underway, or within the area enclosed by railings on a party barge, cruiser, or houseboat, unless underway. (5) In addition, the requirements of subdivisions (a)(1)(A) and (F) of this section and subdivisions (a)(2)-(4) of this section shall not be applicable to organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions, or to persons participating in those activities or exhibitions. (6) When in operation during hours of darkness on waters under the jurisdiction of the United States, a motorboat's lighting shall be in accordance with the following specifications: (A) Class A and Class 1 under twenty-six feet (26') - combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass; (B) Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') - twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and (C) Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules. (7) When in operation during hours of darkness on state-controlled waters, a motorboat's lighting shall be sufficient to make the motorboat's presence and location known to any and all other vessels within a reasonable distance.

(1) Every vessel shall have aboard: (A) One (1) United States Coast Guard-approved wearable personal flotation device that is: (i) Used according to its approved conditions; (ii) In good and serviceable condition; and (iii) Of proper size for each person on board; (B) A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board; (C) A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has: (i) Permanently installed fuel tanks; (ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored; (iii) A double-bottom not sealed to the hull or not completely filled with flotation material; (iv) Enclosed living spaces; or (v) Closed stowage compartments where combustible or flammable materials may be stowed; (D) If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person; (E) Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and (F) In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device.

(A) One (1) United States Coast Guard-approved wearable personal flotation device that is: (i) Used according to its approved conditions; (ii) In good and serviceable condition; and (iii) Of proper size for each person on board;

(i) Used according to its approved conditions;

(ii) In good and serviceable condition; and

(iii) Of proper size for each person on board;

(B) A vessel twenty-six feet (26') or over shall have a United States Coast Guard-approved and charged fire extinguisher on board;

(C) A motorboat under twenty-six feet (26') shall have a United States Coast Guard-approved and charged fire extinguisher on board if the motorboat has: (i) Permanently installed fuel tanks; (ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored; (iii) A double-bottom not sealed to the hull or not completely filled with flotation material; (iv) Enclosed living spaces; or (v) Closed stowage compartments where combustible or flammable materials may be stowed;

(i) Permanently installed fuel tanks;

(ii) Closed compartments under a thwart and seat where portable fuel tanks may be stored;

(iii) A double-bottom not sealed to the hull or not completely filled with flotation material;

(iv) Enclosed living spaces; or

(v) Closed stowage compartments where combustible or flammable materials may be stowed;

(D) If carrying or using any flammable or toxic fluid in any enclosure for any purpose, and if not an entirely open motorboat, an efficient natural or mechanical ventilation system which shall be capable of removing resulting gases prior to and during the time the motorboat is occupied by any person;

(E) Additional equipment designed to promote the safety of navigation and of persons that the Arkansas State Game and Fish Commission may find to be appropriate and for which it has provided in its rules. However, before making those rules, or changes or additions thereto, the Arkansas State Game and Fish Commission shall hold public hearings, after reasonable notice thereof, of any proposed rule to be adopted; and

(F) In addition, every vessel sixteen feet (16') and longer shall have aboard one (1) United States Coast Guard-approved throwable personal flotation device.

(2) Each person being towed in a water sport activity must wear or have securely upon his or her body a life preserver or buoyant vest of the types described in subdivision (a)(1)(A) of this section in good and serviceable condition at all times while engaging in the water sport activity.

(3) In addition, all occupants of personal watercraft must wear a personal flotation device of the types described above while aboard the vessel.

(4) Occupants of a vessel who are twelve (12) years of age or younger must wear personal flotation devices of the types described above securely fastened to their persons at all times while aboard any vessel, unless such occupants are within the enclosed area of a houseboat or cruiser, unless underway, or within the area enclosed by railings on a party barge, cruiser, or houseboat, unless underway.

(5) In addition, the requirements of subdivisions (a)(1)(A) and (F) of this section and subdivisions (a)(2)-(4) of this section shall not be applicable to organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions, or to persons participating in those activities or exhibitions.

(6) When in operation during hours of darkness on waters under the jurisdiction of the United States, a motorboat's lighting shall be in accordance with the following specifications: (A) Class A and Class 1 under twenty-six feet (26') - combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass; (B) Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') - twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and (C) Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules.

(A) Class A and Class 1 under twenty-six feet (26') - combination red and green light on bow, with red on the port side and green on the starboard side, and a white horizon light aft, on the stern, that is visible for three hundred sixty degrees (360°) of the compass;

(B) Class 2 and Class 3, twenty-six feet (26') to not more than sixty-five feet (65') - twenty-point white light forward, red port and green starboard side lights, and white horizon light aft; and

(C) Lights must conform to the specifications contained in the United States Coast Guard Inland Navigation Rules.

(7) When in operation during hours of darkness on state-controlled waters, a motorboat's lighting shall be sufficient to make the motorboat's presence and location known to any and all other vessels within a reasonable distance.

(b) No person shall operate or give permission for the operation of a motorboat which is not equipped as required by subsection (a) of this section or a modification thereof.

(c) The use of dry stack headers or pipes extending directly from the engine of a motorboat which does not have any type of muffler is prohibited except for motorboats competing in a sanctioned regatta or boat race and for those motorboats while on trial runs during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race and for those motorboats while competing in official trials for speed records during a period not to exceed forty-eight (48) hours immediately following the regatta or race and only on the body of water where the regatta or boat race is being held.

(d) No vessel used on the waters of this state shall be equipped with a siren, except vessels used by law enforcement officers.

(e) (1) (A) No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel. (B) However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device. (2) As used in this subsection, "lanyard-type engine cutoff switch" means an emergency engine or motor shut-off switch that attaches by a lanyard to the person operating the motorboat and that is constructed and installed in a manner so that when in use, the switch will immediately shut off the boat's engine or motor if the operator falls overboard or is removed from the normal operating station of the boat. (3) This subsection does not apply to flat-bottomed boats operated on the tailwaters of a trout fishery nor to flat-bottomed boats operated for duck hunting purposes during duck season.

(1) (A) No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel. (B) However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device.

(A) No person shall operate a motorboat equipped by the manufacturer with a lanyard-type engine cutoff switch while the engine is used to propel the boat without attaching the lanyard to the operator, the operator's clothing, or if the operator is wearing a personal flotation device, to the device as appropriate for the specific vessel.

(B) However, if a motorboat equipped with a lanyard-type switch is a houseboat or a pontoon boat or is traveling less than five miles per hour (5 m.p.h.), the lanyard shall not be required to be attached to the operator, the operator's clothing, or the operator's personal flotation device.

(2) As used in this subsection, "lanyard-type engine cutoff switch" means an emergency engine or motor shut-off switch that attaches by a lanyard to the person operating the motorboat and that is constructed and installed in a manner so that when in use, the switch will immediately shut off the boat's engine or motor if the operator falls overboard or is removed from the normal operating station of the boat.

(3) This subsection does not apply to flat-bottomed boats operated on the tailwaters of a trout fishery nor to flat-bottomed boats operated for duck hunting purposes during duck season.

Amended by Act 2019, No. 315,§ 3180, eff. 7/24/2019.

Amended by Act 2015, No. 694,§ 1, eff. 7/22/2015.

Acts 1959, No. 453, §§ 5, 8; 1961, No. 423, §§ 2, 4; 1965, No. 408, § 1; A.S.A. 1947, §§ 21-225, 21-228, 21-237; Acts 1995, No. 517, §§ 9, 10; 2003, No. 127, § 1; 2005, No. 1297, § 2.
Ark. Code Ann. § 27-37-302 — AR Code / Title 27 / Chapter 37 / Subchapter 3 / Section 27-37-302
Windshields, etc., to be unobstructed
Status: in_force

No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, sidewings, side, or rear windows of the vehicle other than a certificate or other paper required to be so displayed by law if it obstructs the operator's view or the safe operation of the vehicle. Acts 1937, No. 300, § 128; Pope's Dig., § 6788; A.S.A. 1947, § 75-730; Acts 1999, No. 1251, § 1.

No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, sidewings, side, or rear windows of the vehicle other than a certificate or other paper required to be so displayed by law if it obstructs the operator's view or the safe operation of the vehicle.

Acts 1937, No. 300, § 128; Pope's Dig., § 6788; A.S.A. 1947, § 75-730; Acts 1999, No. 1251, § 1.
Ark. Code Ann. § 27-23-129 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-129
Medical certification required - Downgrade of license for noncompliance - Denial or disqualification of license for fraud
Status: in_force

(a) (1) An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013. (2) Upon approval of the application, the Office of Driver Services shall post a certification status of "certified" on the commercial driver license record for the driver applicant 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 of Driver Services shall: (1) Verify from the commercial driver license record 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 prepared 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 of Driver Services 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 of Driver Services that the driver is one (1) of the following types of drivers: (A) Nonexcepted interstate; (B) Excepted interstate; (C) Nonexcepted intrastate; or (D) Excepted intrastate. (2) The Office of Driver Services 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 of Driver Services with an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013, and the Office of Driver Services 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 of Driver Services 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 of Driver Services that a medical variance was removed or rescinded, the Office of Driver Services 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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance. (3) Beginning January 30, 2014, if a holder of a commercial driver license fails to provide the Office of Driver Services with the certification required under subsection (c) of this section, the Office of Driver Services 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 effective 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 privilege will be downgraded unless the driver submits: (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 of Driver Services with a current medical examiner's certificate, the Office of Driver Services 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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance. (e) For each current medical examiner certificate received from a driver, the Office of Driver Services shall: (1) Date-stamp the medical examiner's certificate; (2) Retain the original or a copy of the medical certificate of a driver for three (3) years beyond the date the certificate was issued; and (3) Post the information from the medical examiner's certificate within ten (10) calendar days to the commercial driver license record, including: (A) The medical examiner's name; (B) The medical examiner's telephone number; (C) The date of the medical examiner's certificate 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 Certified 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 examiner's certificate; (H) The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision; (I) Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and (J) The date the medical examiner's certificate information was posted to the commercial driver license record. (f) The Office of Driver Services, within ten (10) calendar days of a driver's medical certification status expiring or a driver's medical variance expiring or being rescinded, shall update the medical certification status of the driver as "not certified". (g) The Office of Driver Services, within ten (10) calendar days of receiving information from the administration regarding issuance or renewal of a medical variance for a driver, shall update the commercial driver license record to include the medical variance information provided by the administration. (h) (1) If the Office of Driver Services 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 of Driver Services 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 commercial driver license or commercial learner's permit for a period of one (1) year. (2) If the Office of Driver Services 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 of Driver Services shall disqualify the driver's commercial driver license or commercial learner's permit for a period of one (1) year. Amended by Act 2013, No. 758,§ 19, eff. 7/8/2014. Acts 2011, No. 352, § 7.

(a) (1) An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013. (2) Upon approval of the application, the Office of Driver Services shall post a certification status of "certified" on the commercial driver license record for the driver applicant or driver.

(1) An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013.

(2) Upon approval of the application, the Office of Driver Services shall post a certification status of "certified" on the commercial driver license record for the driver applicant 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 of Driver Services shall: (1) Verify from the commercial driver license record 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 prepared 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 of Driver Services shall post a certification status of "certified" on the commercial driver license record for the driver.

(1) Verify from the commercial driver license record 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 prepared 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 of Driver Services shall post a certification status of "certified" on the commercial driver license record for the driver.

(A) Obtain from the driver an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013.

(B) Upon approval of the transfer, the Office of Driver Services 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 of Driver Services that the driver is one (1) of the following types of drivers: (A) Nonexcepted interstate; (B) Excepted interstate; (C) Nonexcepted intrastate; or (D) Excepted intrastate. (2) The Office of Driver Services 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 of Driver Services with an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013, and the Office of Driver Services shall post a certification status of "certified" on the commercial driver license record for the driver.

(1) Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license shall certify to the Office of Driver Services that the driver is one (1) of the following types of drivers: (A) Nonexcepted interstate; (B) Excepted interstate; (C) Nonexcepted intrastate; or (D) Excepted intrastate.

(A) Nonexcepted interstate;

(B) Excepted interstate;

(C) Nonexcepted intrastate; or

(D) Excepted intrastate.

(2) The Office of Driver Services 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 of Driver Services with an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013, and the Office of Driver Services 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 of Driver Services 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 of Driver Services that a medical variance was removed or rescinded, the Office of Driver Services 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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance. (3) Beginning January 30, 2014, if a holder of a commercial driver license fails to provide the Office of Driver Services with the certification required under subsection (c) of this section, the Office of Driver Services 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 effective 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 privilege will be downgraded unless the driver submits: (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 of Driver Services with a current medical examiner's certificate, the Office of Driver Services 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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(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 of Driver Services 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 of Driver Services that a medical variance was removed or rescinded, the Office of Driver Services 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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(i) The driver has a "not certified" medical-certification status; and

(ii) The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(3) Beginning January 30, 2014, if a holder of a commercial driver license fails to provide the Office of Driver Services with the certification required under subsection (c) of this section, the Office of Driver Services 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 effective 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 privilege will be downgraded unless the driver submits: (a) The certification required by subsection (c) of this section; and (b) A current medical certificate or medical variance, if applicable.

(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 effective 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 privilege will be downgraded unless the driver submits: (a) The certification required by subsection (c) of this section; and (b) A current medical certificate or medical variance, if applicable.

(i) The driver has a "not certified" medical certification status; and

(ii) The commercial driver license privilege will be downgraded unless the driver submits: (a) The certification required by subsection (c) of this section; and (b) A current medical certificate or medical variance, if applicable.

(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 of Driver Services with a current medical examiner's certificate, the Office of Driver Services 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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(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 effective 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 commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(i) The driver has a "not certified" medical certification status; and

(ii) The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance.

(e) For each current medical examiner certificate received from a driver, the Office of Driver Services shall: (1) Date-stamp the medical examiner's certificate; (2) Retain the original or a copy of the medical certificate of a driver for three (3) years beyond the date the certificate was issued; and (3) Post the information from the medical examiner's certificate within ten (10) calendar days to the commercial driver license record, including: (A) The medical examiner's name; (B) The medical examiner's telephone number; (C) The date of the medical examiner's certificate 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 Certified 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 examiner's certificate; (H) The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision; (I) Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and (J) The date the medical examiner's certificate information was posted to the commercial driver license record.

(1) Date-stamp the medical examiner's certificate;

(2) Retain the original or a copy of the medical certificate of a driver for three (3) years beyond the date the certificate was issued; and

(3) Post the information from the medical examiner's certificate within ten (10) calendar days to the commercial driver license record, including: (A) The medical examiner's name; (B) The medical examiner's telephone number; (C) The date of the medical examiner's certificate 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 Certified 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 examiner's certificate; (H) The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision; (I) Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and (J) The date the medical examiner's certificate information was posted to the commercial driver license record.

(A) The medical examiner's name;

(B) The medical examiner's telephone number;

(C) The date of the medical examiner's certificate 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 Certified 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 examiner's certificate;

(H) The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision;

(I) Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and

(J) The date the medical examiner's certificate information was posted to the commercial driver license record.

(f) The Office of Driver Services, within ten (10) calendar days of a driver's medical certification status expiring or a driver's medical variance expiring or being rescinded, shall update the medical certification status of the driver as "not certified".

(g) The Office of Driver Services, within ten (10) calendar days of receiving information from the administration regarding issuance or renewal of a medical variance for a driver, shall update the commercial driver license record to include the medical variance information provided by the administration.

(h) (1) If the Office of Driver Services 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 of Driver Services 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 commercial driver license or commercial learner's permit for a period of one (1) year. (2) If the Office of Driver Services 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 of Driver Services shall disqualify the driver's commercial driver license or commercial learner's permit for a period of one (1) year.

(1) If the Office of Driver Services 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 of Driver Services 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 commercial driver license or commercial learner's permit for a period of one (1) year.

(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 commercial driver license or commercial learner's permit for a period of one (1) year.

(2) If the Office of Driver Services 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 of Driver Services shall disqualify the driver's commercial driver license or commercial learner's permit for a period of one (1) year.

Amended by Act 2013, No. 758,§ 19, eff. 7/8/2014.

Acts 2011, No. 352, § 7.
Ark. Code Ann. § 27-24-208 — AR Code / Title 27 / Chapter 24 / Subchapter 2 / Section 27-24-208
Surviving spouse
Status: in_force

(a) (1) Except as provided in subdivisions (a)(2)-(4) of this section, a special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee for licensing a motor vehicle as provided under § 27-14-601 . (2) A special license plate issued to a disabled veteran under this subchapter may be reissued to the disabled veteran's surviving spouse upon payment of the fee under § 27-24-206(a) . (3) A Purple Heart Recipient special license plate issued under this subchapter may be reissued free of charge to the surviving spouse of a deceased person to whom the special license plate was issued. (4) A Distinguished Flying Cross special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee under § 27-24-206(a) . (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 parking privileges in designated accessible parking spaces for persons with disabilities unless the surviving spouse is a person with a disability as defined in § 27-15-302 . (c) (1) The Department of Finance and Administration is authorized to issue one (1) special license plate to an applicant who establishes that he or she is the surviving spouse of a deceased person who was entitled to receive any of the following special license plates: (A) Medal of Honor Recipient; (B) Purple Heart Recipient; or (C) Distinguished Flying Cross. (2) A decal stating "Surviving Spouse" will be affixed to a special license plate reissued under subdivision (a)(1) of this section or issued under subdivision (c)(1) of this section in lieu of the standard decal appearing on a special license plate issued under this subchapter. (3) The department may issue a surviving spouse a special license plate with a decal stating "Surviving Spouse" as authorized under subdivisions (c)(1) and (2) of this section upon: (A) Presentment of evidence that the applicant's deceased spouse was awarded the military decoration corresponding to the special license plate requested in the application; and (B) Payment of the fee required under § 27-24-206(a) . Amended by Act 2019, No. 993,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 915,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 167,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 965,§ 1, eff. 11/13/2017. Amended by Act 2013, No. 1069,§ 1, eff. 1/1/2014. Acts 2005, No. 2202, § 1.

(a) (1) Except as provided in subdivisions (a)(2)-(4) of this section, a special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee for licensing a motor vehicle as provided under § 27-14-601 . (2) A special license plate issued to a disabled veteran under this subchapter may be reissued to the disabled veteran's surviving spouse upon payment of the fee under § 27-24-206(a) . (3) A Purple Heart Recipient special license plate issued under this subchapter may be reissued free of charge to the surviving spouse of a deceased person to whom the special license plate was issued. (4) A Distinguished Flying Cross special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee under § 27-24-206(a) .

(1) Except as provided in subdivisions (a)(2)-(4) of this section, a special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee for licensing a motor vehicle as provided under § 27-14-601 .

(2) A special license plate issued to a disabled veteran under this subchapter may be reissued to the disabled veteran's surviving spouse upon payment of the fee under § 27-24-206(a) .

(3) A Purple Heart Recipient special license plate issued under this subchapter may be reissued free of charge to the surviving spouse of a deceased person to whom the special license plate was issued.

(4) A Distinguished Flying Cross special license plate issued under this subchapter may be reissued to the surviving spouse of a deceased person to whom the special license plate was issued upon payment of the fee under § 27-24-206(a) .

(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 parking privileges in designated accessible parking spaces for persons with disabilities unless the surviving spouse is a person with a disability as defined in § 27-15-302 .

(c) (1) The Department of Finance and Administration is authorized to issue one (1) special license plate to an applicant who establishes that he or she is the surviving spouse of a deceased person who was entitled to receive any of the following special license plates: (A) Medal of Honor Recipient; (B) Purple Heart Recipient; or (C) Distinguished Flying Cross. (2) A decal stating "Surviving Spouse" will be affixed to a special license plate reissued under subdivision (a)(1) of this section or issued under subdivision (c)(1) of this section in lieu of the standard decal appearing on a special license plate issued under this subchapter. (3) The department may issue a surviving spouse a special license plate with a decal stating "Surviving Spouse" as authorized under subdivisions (c)(1) and (2) of this section upon: (A) Presentment of evidence that the applicant's deceased spouse was awarded the military decoration corresponding to the special license plate requested in the application; and (B) Payment of the fee required under § 27-24-206(a) .

(1) The Department of Finance and Administration is authorized to issue one (1) special license plate to an applicant who establishes that he or she is the surviving spouse of a deceased person who was entitled to receive any of the following special license plates: (A) Medal of Honor Recipient; (B) Purple Heart Recipient; or (C) Distinguished Flying Cross.

(A) Medal of Honor Recipient;

(B) Purple Heart Recipient; or

(C) Distinguished Flying Cross.

(2) A decal stating "Surviving Spouse" will be affixed to a special license plate reissued under subdivision (a)(1) of this section or issued under subdivision (c)(1) of this section in lieu of the standard decal appearing on a special license plate issued under this subchapter.

(3) The department may issue a surviving spouse a special license plate with a decal stating "Surviving Spouse" as authorized under subdivisions (c)(1) and (2) of this section upon: (A) Presentment of evidence that the applicant's deceased spouse was awarded the military decoration corresponding to the special license plate requested in the application; and (B) Payment of the fee required under § 27-24-206(a) .

(A) Presentment of evidence that the applicant's deceased spouse was awarded the military decoration corresponding to the special license plate requested in the application; and

(B) Payment of the fee required under § 27-24-206(a) .

Amended by Act 2019, No. 993,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 915,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 167,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 965,§ 1, eff. 11/13/2017.

Amended by Act 2013, No. 1069,§ 1, eff. 1/1/2014.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-114-102 — AR Code / Title 27 / Chapter 114 / Section 27-114-102
Penalties
Status: in_force

Any person violating any of the provisions of this act shall upon conviction before a court of competent jurisdiction be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) and the cost of prosecution or undergo imprisonment for not more than thirty (30) days or suffer both fine and imprisonment. All fines collected shall be paid into the State Treasury and deposited to the credit of the Division of Arkansas State Police Fund. Acts 1941, No. 457, § 17; A.S.A. 1947, § 74-117.

Any person violating any of the provisions of this act shall upon conviction before a court of competent jurisdiction be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) and the cost of prosecution or undergo imprisonment for not more than thirty (30) days or suffer both fine and imprisonment. All fines collected shall be paid into the State Treasury and deposited to the credit of the Division of Arkansas State Police Fund.

Acts 1941, No. 457, § 17; A.S.A. 1947, § 74-117.
Ark. Code Ann. § 27-37-306 — AR Code / Title 27 / Chapter 37 / Subchapter 3 / Section 27-37-306
Light transmission levels for tinting of motor vehicle windows
Status: in_force

(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 (¼") 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 (5") from the top center of the windshield; (2) On all 1994 model vehicles and later model vehicles, the side windows and side wings located on the immediate right or left of the driver or to the right or left immediately behind the driver may be covered with an after-market tinting material which results in at least twenty-five percent (25%) net light transmission, except that the side windows immediately behind the driver on any truck, bus, trailer, motor home, or multiple purpose passenger vehicle may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission; and (3) On all 1994 model vehicles and later model vehicles, the rearmost window may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission. (c) Any vehicle that is operated on Arkansas roads with after-market tinting material on any glass shall have attached to the front glass immediately to the operator's left a label containing the name and phone number of the company installing the tinting material and affirming that all tinting on the vehicle conforms to the requirements of this section. (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 determines it is in the best interest of the motorist to be exempt from the requirements of this section. The motorist shall carry in his or her motor vehicle a physician's certification. (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 certification. (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 provides a physician's certification attesting that it is in the best interest of the motorist to have such tinting may have window tinting performed as follows: (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 conforms 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 compliance 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 contrary 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 . Amended by Act 2013, No. 293,§ 1, eff. 8/16/2013. Acts 1993, No. 967, §§ 1, 2; 1997, No. 143, § 1; 2011, No. 1141, § 1.

(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 (¼") 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 (5") from the top center of the windshield; (2) On all 1994 model vehicles and later model vehicles, the side windows and side wings located on the immediate right or left of the driver or to the right or left immediately behind the driver may be covered with an after-market tinting material which results in at least twenty-five percent (25%) net light transmission, except that the side windows immediately behind the driver on any truck, bus, trailer, motor home, or multiple purpose passenger vehicle may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission; and (3) On all 1994 model vehicles and later model vehicles, the rearmost window may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission.

(1) The glass immediately in front of the operator may have a strip of tinting material applied to the top edge, known in the industry as an "eyebrow", but it may not extend downward more than five inches (5") from the top center of the windshield;

(2) On all 1994 model vehicles and later model vehicles, the side windows and side wings located on the immediate right or left of the driver or to the right or left immediately behind the driver may be covered with an after-market tinting material which results in at least twenty-five percent (25%) net light transmission, except that the side windows immediately behind the driver on any truck, bus, trailer, motor home, or multiple purpose passenger vehicle may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission; and

(3) On all 1994 model vehicles and later model vehicles, the rearmost window may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission.

(c) Any vehicle that is operated on Arkansas roads with after-market tinting material on any glass shall have attached to the front glass immediately to the operator's left a label containing the name and phone number of the company installing the tinting material and affirming that all tinting on the vehicle conforms to the requirements of this section.

(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 determines it is in the best interest of the motorist to be exempt from the requirements of this section. The motorist shall carry in his or her motor vehicle a physician's certification. (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 certification. (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 provides a physician's certification attesting that it is in the best interest of the motorist to have such tinting may have window tinting performed as follows: (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 conforms 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 compliance 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.

(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 determines it is in the best interest of the motorist to be exempt from the requirements of this section. The motorist shall carry in his or her motor vehicle a physician's certification. (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 certification. (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.

(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 determines it is in the best interest of the motorist to be exempt from the requirements of this section. The motorist shall carry in his or her motor vehicle a physician's certification.

(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 certification.

(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 provides a physician's certification attesting that it is in the best interest of the motorist to have such tinting may have window tinting performed as follows: (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.

(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 conforms to the requirements of this section.

(A) Provides the name and phone number of the company that installed the tinting material; and

(B) Affirms that all tinting on the vehicle conforms 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 compliance 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.

(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 contrary 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].

(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 .

Amended by Act 2013, No. 293,§ 1, eff. 8/16/2013.

Acts 1993, No. 967, §§ 1, 2; 1997, No. 143, § 1; 2011, No. 1141, § 1.
Ark. Code Ann. § 27-66-401 — AR Code / Title 27 / Chapter 66 / Subchapter 4 / Section 27-66-401
Establishment
Status: in_force

(a) (1) When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may petition the county court to appoint viewers to lay off the road, provided the owner gives written notice to the person twenty (20) days before application to the court and attaches the written notice to the petition. (2) The written notice shall include the amount of payment the owner offers for the road. (b) The petition for an easement for ingress and egress to and from the petitioner's lands over, through, and across the respondent's lands to any public road or navigable watercourse shall be filed with the clerk of the county court and shall allege with particularity facts demonstrating that: (1) The written notice was provided by the petitioner to the respondent twenty (20) days before application to the court; (2) The respondent refused to convey to the petitioner the requested access easement; and (3) The petitioner lacked the legal right of ingress and egress to and from his or her lands across the respondent's lands or otherwise to a public road. (c) Copies of abstracts, deeds, or plats referenced in the petition shall be attached to the petition. (d) After the petition is filed, the county court shall issue a notice setting the time, date, and location of a preliminary hearing, and the hearing shall not be any earlier than sixty (60) days from the date of the petition's filing. (e) (1) In accordance with the Arkansas Rules of Civil Procedure, the petitioner shall serve the resident or nonresident respondent with a: (A) Summons; (B) Copy of the petition and any exhibits; and (C) Copy of the court notice of the preliminary hearing. (2) If service is not obtained, the notice shall be published one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the county at the petitioner's expense. If there is no newspaper of general circulation in the county, the notice shall be posted at the county courthouse. (f) (1) The court may dismiss the case without prejudice and allow the petition to be refiled within one (1) year from dismissal if the court determines at the preliminary hearing that: (A) Required notices and service have not been provided to the respondent; or (B) The petition fails to sufficiently demonstrate the requirements of subsection (b) of this section. (2) (A) (i) If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section. (ii) The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers. (iii) The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers. (B) If viewers are appointed by the court, the court shall: (i) Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of: (a) Viewers' fees and expenses; (b) The survey cost; (c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and (d) Notice and publication costs, if any; (ii) Set the time, date, and location of the evidentiary hearing; and (iii) Require the funds deposited to be used exclusively for the purposes stated under this subsection. Amended by Act 2013, No. 1083,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1083,§ 1, eff. 8/16/2013. Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1.

(a) (1) When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may petition the county court to appoint viewers to lay off the road, provided the owner gives written notice to the person twenty (20) days before application to the court and attaches the written notice to the petition. (2) The written notice shall include the amount of payment the owner offers for the road.

(1) When the lands, dwelling house, or plantation of any owner is so situated as to render it necessary to have a road from such lands, dwelling house, or plantation to any public road or navigable watercourse over the lands of any other person and the other person refuses to allow that owner the road, the owner may petition the county court to appoint viewers to lay off the road, provided the owner gives written notice to the person twenty (20) days before application to the court and attaches the written notice to the petition.

(2) The written notice shall include the amount of payment the owner offers for the road.

(b) The petition for an easement for ingress and egress to and from the petitioner's lands over, through, and across the respondent's lands to any public road or navigable watercourse shall be filed with the clerk of the county court and shall allege with particularity facts demonstrating that: (1) The written notice was provided by the petitioner to the respondent twenty (20) days before application to the court; (2) The respondent refused to convey to the petitioner the requested access easement; and (3) The petitioner lacked the legal right of ingress and egress to and from his or her lands across the respondent's lands or otherwise to a public road.

(1) The written notice was provided by the petitioner to the respondent twenty (20) days before application to the court;

(2) The respondent refused to convey to the petitioner the requested access easement; and

(3) The petitioner lacked the legal right of ingress and egress to and from his or her lands across the respondent's lands or otherwise to a public road.

(c) Copies of abstracts, deeds, or plats referenced in the petition shall be attached to the petition.

(d) After the petition is filed, the county court shall issue a notice setting the time, date, and location of a preliminary hearing, and the hearing shall not be any earlier than sixty (60) days from the date of the petition's filing.

(e) (1) In accordance with the Arkansas Rules of Civil Procedure, the petitioner shall serve the resident or nonresident respondent with a: (A) Summons; (B) Copy of the petition and any exhibits; and (C) Copy of the court notice of the preliminary hearing. (2) If service is not obtained, the notice shall be published one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the county at the petitioner's expense. If there is no newspaper of general circulation in the county, the notice shall be posted at the county courthouse.

(1) In accordance with the Arkansas Rules of Civil Procedure, the petitioner shall serve the resident or nonresident respondent with a: (A) Summons; (B) Copy of the petition and any exhibits; and (C) Copy of the court notice of the preliminary hearing.

(A) Summons;

(B) Copy of the petition and any exhibits; and

(C) Copy of the court notice of the preliminary hearing.

(2) If service is not obtained, the notice shall be published one (1) time per week for two (2) consecutive weeks in a newspaper of general circulation in the county at the petitioner's expense. If there is no newspaper of general circulation in the county, the notice shall be posted at the county courthouse.

(f) (1) The court may dismiss the case without prejudice and allow the petition to be refiled within one (1) year from dismissal if the court determines at the preliminary hearing that: (A) Required notices and service have not been provided to the respondent; or (B) The petition fails to sufficiently demonstrate the requirements of subsection (b) of this section. (2) (A) (i) If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section. (ii) The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers. (iii) The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers. (B) If viewers are appointed by the court, the court shall: (i) Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of: (a) Viewers' fees and expenses; (b) The survey cost; (c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and (d) Notice and publication costs, if any; (ii) Set the time, date, and location of the evidentiary hearing; and (iii) Require the funds deposited to be used exclusively for the purposes stated under this subsection.

(1) The court may dismiss the case without prejudice and allow the petition to be refiled within one (1) year from dismissal if the court determines at the preliminary hearing that: (A) Required notices and service have not been provided to the respondent; or (B) The petition fails to sufficiently demonstrate the requirements of subsection (b) of this section.

(A) Required notices and service have not been provided to the respondent; or

(B) The petition fails to sufficiently demonstrate the requirements of subsection (b) of this section.

(2) (A) (i) If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section. (ii) The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers. (iii) The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers. (B) If viewers are appointed by the court, the court shall: (i) Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of: (a) Viewers' fees and expenses; (b) The survey cost; (c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and (d) Notice and publication costs, if any; (ii) Set the time, date, and location of the evidentiary hearing; and (iii) Require the funds deposited to be used exclusively for the purposes stated under this subsection.

(A) (i) If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section. (ii) The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers. (iii) The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers.

(i) If the court determines at the preliminary hearing that required notices and service have been provided to the adjoining owner who has refused the landlocked petitioner an access easement or to any other adjoining owner that has been included in the petition and the petition sufficiently demonstrates the requirements of subsection (b) of this section, the court shall appoint viewers as provided under this section.

(ii) The court shall give each party at least ten (10) business days to submit up to three (3) potential viewers.

(iii) The court shall give due consideration to all potential viewers that were submitted by the parties and shall select one (1) of the potential viewers submitted from each party and one (1) or more viewers selected by the court for a total of three (3) viewers.

(B) If viewers are appointed by the court, the court shall: (i) Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of: (a) Viewers' fees and expenses; (b) The survey cost; (c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and (d) Notice and publication costs, if any; (ii) Set the time, date, and location of the evidentiary hearing; and (iii) Require the funds deposited to be used exclusively for the purposes stated under this subsection.

(i) Issue a preliminary order directing the landlocked petitioner to deposit into the registry of the court an estimated sum sufficient for payment of: (a) Viewers' fees and expenses; (b) The survey cost; (c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and (d) Notice and publication costs, if any;

(a) Viewers' fees and expenses;

(b) The survey cost;

(c) Damages related to the adjoining owner's property, including without limitation an estimate of: (1) The loss of property value for the area of acquisition; (2) The loss of exclusive use the adjoining owner will realize; and (3) Damages to the owner's remaining property; and

(1) The loss of property value for the area of acquisition;

(2) The loss of exclusive use the adjoining owner will realize; and

(3) Damages to the owner's remaining property; and

(d) Notice and publication costs, if any;

(ii) Set the time, date, and location of the evidentiary hearing; and

(iii) Require the funds deposited to be used exclusively for the purposes stated under this subsection.

Amended by Act 2013, No. 1083,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1083,§ 1, eff. 8/16/2013.

Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1.
Ark. Code Ann. § 27-33-102 — AR Code / Title 27 / Chapter 33 / Section 27-33-102
Executive head defined
Status: in_force

The term "executive head" as used in Article IX(b) of the Vehicle Equipment Safety Compact shall, with reference to this state, mean the Governor. Acts 1965, No. 5, § 9; A.S.A. 1947, § 75-2009.

The term "executive head" as used in Article IX(b) of the Vehicle Equipment Safety Compact shall, with reference to this state, mean the Governor.

Acts 1965, No. 5, § 9; A.S.A. 1947, § 75-2009.
Ark. Code Ann. § 27-14-2209 — AR Code / Title 27 / Chapter 14 / Subchapter 22 / Section 27-14-2209
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1142,§ 2, eff. 8/16/2013. Acts 1911, No. 134, § 16, p. 94; C. & M. Dig., § 7432; Pope's Dig., § 6644; A.S.A. 1947, § 75-194.

Repealed by Act 2013, No. 1142,§ 2, eff. 8/16/2013.

Acts 1911, No. 134, § 16, p. 94; C. & M. Dig., § 7432; Pope's Dig., § 6644; A.S.A. 1947, § 75-194.
Ark. Code Ann. § 27-14-602 — AR Code / Title 27 / Chapter 14 / Subchapter 6 / Section 27-14-602
Registration fees
Status: in_force

(a) Except as otherwise provided, all fees shall be paid to the Office of Motor Vehicle for the registration of motor vehicles, trailers, and semitrailers under this chapter. (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 certificate ............... 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 Secretary of the Department of Finance and Administration shall charge a fee for commercial motor vehicles registered with the International Registration Plan in the amount of: (1) Two dollars ($2.00) to access the secretary's portal to register one (1) or more commercial motor vehicles or to conduct one (1) or more online administrative transactions; (2) Two dollars ($2.00) upon issuance or renewal of the registration of a commercial motor vehicle of a commercial motor carrier that has been authorized under § 27-14-613(b)(1)(C) to display an approved license plate decal bearing the commercial motor vehicle carrier's logo; and (3) Five dollars ($5.00) for each commercial motor vehicle registered in this state as an annual commercial motor vehicle fee. Amended by Act 2019, No. 910,§ 4518, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4517, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 6, eff. 8/1/2017. Acts 1949, No. 142, §§ 82, 83; 1965, No. 493, § 2; A.S.A. 1947, §§ 75-182, 75-183; Acts 2011, No. 718, § 1.

(a) Except as otherwise provided, all fees shall be paid to the Office of Motor Vehicle for the registration of motor vehicles, trailers, and semitrailers under this chapter.

(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 certificate ............... 1.00 (6) For duplicate or substitute license plate ............... 1.00

(1) For each certificate of title ............... $2.00

(2) For each duplicate certificate of title ............... 2.00

(3) For noting each lien ............... .50

(4) For transfer of registration ............... 1.00

(5) For duplicate or substitute registration certificate ............... 1.00

(6) For duplicate or substitute license plate ............... 1.00

(c) Beginning January 1, 2018, in addition to any other fees authorized under this chapter, the Secretary of the Department of Finance and Administration shall charge a fee for commercial motor vehicles registered with the International Registration Plan in the amount of: (1) Two dollars ($2.00) to access the secretary's portal to register one (1) or more commercial motor vehicles or to conduct one (1) or more online administrative transactions; (2) Two dollars ($2.00) upon issuance or renewal of the registration of a commercial motor vehicle of a commercial motor carrier that has been authorized under § 27-14-613(b)(1)(C) to display an approved license plate decal bearing the commercial motor vehicle carrier's logo; and (3) Five dollars ($5.00) for each commercial motor vehicle registered in this state as an annual commercial motor vehicle fee.

(1) Two dollars ($2.00) to access the secretary's portal to register one (1) or more commercial motor vehicles or to conduct one (1) or more online administrative transactions;

(2) Two dollars ($2.00) upon issuance or renewal of the registration of a commercial motor vehicle of a commercial motor carrier that has been authorized under § 27-14-613(b)(1)(C) to display an approved license plate decal bearing the commercial motor vehicle carrier's logo; and

(3) Five dollars ($5.00) for each commercial motor vehicle registered in this state as an annual commercial motor vehicle fee.

Amended by Act 2019, No. 910,§ 4518, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4517, eff. 7/1/2019.

Amended by Act 2017, No. 448,§ 6, eff. 8/1/2017.

Acts 1949, No. 142, §§ 82, 83; 1965, No. 493, § 2; A.S.A. 1947, §§ 75-182, 75-183; Acts 2011, No. 718, § 1.
Ark. Code Ann. § 27-75-101 — AR Code / Title 27 / Chapter 75 / Section 27-75-101
U.S. Highway 82 Four Lane Construction Compact
Status: in_force

The Governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the following form, with the states of Mississippi, Alabama, Texas and any other state in which lies a portion of U.S. Highway 82; and the General Assembly hereby signifies in advance its approval and ratification of such compact, which compact is as follows: U.S. HIGHWAY 82 FOUR LANE CONSTRUCTION COMPACT ARTICLE I. The purpose of this compact is to promote and ensure the four laning of U.S. Highway 82 within the party states and to establish a joint interstate authority to assist that effort. ARTICLE II. This compact shall become effective immediately as to the states ratifying it whenever the state of Arkansas and any other eligible state has ratified it and Congress has given consent thereto. ARTICLE III. The states which are parties to this compact (referred to as "party states") do hereby establish and create a joint agency which shall be known as the U.S. Highway 82 Four Lane Construction Authority (hereinafter referred to as "the authority"). The membership of such authority shall consist of representatives from each of the party states to be selected in the manner provided by laws enacted by the party states. The members of the authority shall not be compensated for service on the authority, but each of the members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice-chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage and coordinate the efforts of the party states to secure the timely four laning of U.S. Highway 82 within the party states. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the four laning of U.S. Highway 82 within the party states, and to make reports thereon; to acquire, by gift, grant or otherwise, from local, state, federal or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in the four laning of U.S. Highway 82 within the party states; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the four laning of U.S. Highway 82 within the party states. ARTICLE IV. The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures and significance of the four lane completion and the informational, educational and publicity methods of stimulating general interest in such construction, and who shall be the compact administrator. The term of office of the secretary shall be at the pleasure of the authority, and such officer shall receive such compensation as the authority shall prescribe. The secretary shall maintain custody of the authority's books, records and papers, which shall be kept by the secretary at the office of the authority, and shall perform all functions and duties and exercise all powers and duties which may be delegated to the secretary by the authority. ARTICLE V. Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the authority funds for the establishment and operation of the authority. The contribution of each party state will be in equal amounts. ARTICLE VI. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other highway construction project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state. ARTICLE VII. This compact shall continue in force and remain binding upon each party state until the legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or the Governor. Notice of such action shall be given to the other party state or states by the party state which takes such action. Acts 1989, No. 622, § 1.

The Governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the following form, with the states of Mississippi, Alabama, Texas and any other state in which lies a portion of U.S. Highway 82; and the General Assembly hereby signifies in advance its approval and ratification of such compact, which compact is as follows:

U.S. HIGHWAY 82 FOUR LANE CONSTRUCTION COMPACT

ARTICLE I. The purpose of this compact is to promote and ensure the four laning of U.S. Highway 82 within the party states and to establish a joint interstate authority to assist that effort.

ARTICLE II. This compact shall become effective immediately as to the states ratifying it whenever the state of Arkansas and any other eligible state has ratified it and Congress has given consent thereto.

ARTICLE III. The states which are parties to this compact (referred to as "party states") do hereby establish and create a joint agency which shall be known as the U.S. Highway 82 Four Lane Construction Authority (hereinafter referred to as "the authority"). The membership of such authority shall consist of representatives from each of the party states to be selected in the manner provided by laws enacted by the party states. The members of the authority shall not be compensated for service on the authority, but each of the members shall be entitled to actual and reasonable expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice-chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage and coordinate the efforts of the party states to secure the timely four laning of U.S. Highway 82 within the party states. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits, and other matters associated with the four laning of U.S. Highway 82 within the party states, and to make reports thereon; to acquire, by gift, grant or otherwise, from local, state, federal or private sources such money or property as may be provided for the proper performance of their function, and to hold and dispose of same; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in the four laning of U.S. Highway 82 within the party states; to formulate and execute plans and policies for emphasizing the purpose of this compact before the Congress of the United States and other appropriate officers and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the four laning of U.S. Highway 82 within the party states.

ARTICLE IV. The authority shall appoint a secretary, who shall be a person familiar with the nature, procedures and significance of the four lane completion and the informational, educational and publicity methods of stimulating general interest in such construction, and who shall be the compact administrator. The term of office of the secretary shall be at the pleasure of the authority, and such officer shall receive such compensation as the authority shall prescribe. The secretary shall maintain custody of the authority's books, records and papers, which shall be kept by the secretary at the office of the authority, and shall perform all functions and duties and exercise all powers and duties which may be delegated to the secretary by the authority.

ARTICLE V. Each party state agrees that its legislature may, in its discretion, from time to time make available and pay over to the authority funds for the establishment and operation of the authority. The contribution of each party state will be in equal amounts.

ARTICLE VI. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other highway construction project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.

ARTICLE VII. This compact shall continue in force and remain binding upon each party state until the legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six (6) months after the date of the action taken by the legislature or the Governor. Notice of such action shall be given to the other party state or states by the party state which takes such action.

Acts 1989, No. 622, § 1.
Ark. Code Ann. § 27-76-707 — AR Code / Title 27 / Chapter 76 / Subchapter 7 / Section 27-76-707
Use and return of transponders
Status: in_force

A regional mobility authority may promulgate rules regarding the use and return of transponders. Acts 2007, No. 389, § 1.

A regional mobility authority may promulgate rules regarding the use and return of transponders.

Acts 2007, No. 389, § 1.
Ark. Code Ann. § 27-51-2001 — AR Code / Title 27 / Chapter 51 / Subchapter 20 / Section 27-51-2001
Autonomous vehicle program - Definitions
Status: in_force

As used in this subchapter: (1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific operational design domain; (2) "Autonomous vehicle" means a vehicle equipped with an automated driving system that can drive the vehicle for any duration of time without the active physical control or monitoring of a human operator; (3) (A) "Dynamic driving task" means the real-time operational and tactical functions required to operate a vehicle in on-road traffic, including without limitation the operational functions of: (i) Lateral vehicle motion control via steering; (ii) Longitudinal motion control via acceleration and deceleration; (iii) Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation; (iv) Object and event response execution; (v) Maneuver planning; and (vi) Lighting and signaling operation designed to enhance conspicuity of the vehicle. (B) "Dynamic driving task" does not include the strategic functions of: (i) Trip scheduling; or (ii) Selection of destinations and waypoints; (4) "Fully autonomous vehicle" means a vehicle equipped with an automated driving system designed to function as a level four-"high automation" or level five-"full automation" system under Society of Automobile Engineers Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles and may be designed to function solely by use of the automated driving system or, when the automated driving system is not engaged, to permit operation by a human operator; (5) "Human operator" means an individual who operates a vehicle by manually controlling the: (A) Brake; (B) Accelerator pedal; (C) Steering wheel; or (D) Transmission gear selection; (6) "Minimal risk condition" means a low-risk operating mode in which a fully autonomous vehicle operating without a human operator is brought to a complete stop upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task; (7) "On-demand driverless capable vehicle network" means a transportation service network that uses a software application or other digital means to dispatch autonomous vehicles or fully autonomous vehicles for purposes of transporting persons or goods, including without limitation vehicles used for: (A) For-hire transportation; (B) The transportation of multiple passengers who agree to share the ride in whole or in part; or (C) Public transportation; (8) "Operational design domain" means a description of the specific operating domain in which an automated driving system is designed to properly operate, including without limitation: (A) Roadway types; (B) Speed range; (C) Environmental conditions; and (D) Other domain constraints; (9) "Person" means every natural person, firm, copartnership, association, corporation, or any political subdivision of the State of Arkansas, individually or collectively, including all counties, municipal corporations, public transit authorities, school districts, and special improvement districts; and (10) "Remote operator" means an individual who is: (A) Able to provide remote assistance to a fully autonomous vehicle in driverless operation; or (B) Not seated in a position to manually control a vehicle's: (i) Brake; (ii) Accelerator pedal; (iii) Steering wheel; or (iv) Transmission gear selection. Amended by Act 2021, No. 619,§ 1, eff. 7/28/2021. Added by Act 2019, No. 468,§ 1, eff. 3/14/2019.

As used in this subchapter:

(1) "Automated driving system" means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether the automated driving system is limited to a specific operational design domain;

(2) "Autonomous vehicle" means a vehicle equipped with an automated driving system that can drive the vehicle for any duration of time without the active physical control or monitoring of a human operator;

(3) (A) "Dynamic driving task" means the real-time operational and tactical functions required to operate a vehicle in on-road traffic, including without limitation the operational functions of: (i) Lateral vehicle motion control via steering; (ii) Longitudinal motion control via acceleration and deceleration; (iii) Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation; (iv) Object and event response execution; (v) Maneuver planning; and (vi) Lighting and signaling operation designed to enhance conspicuity of the vehicle. (B) "Dynamic driving task" does not include the strategic functions of: (i) Trip scheduling; or (ii) Selection of destinations and waypoints;

(A) "Dynamic driving task" means the real-time operational and tactical functions required to operate a vehicle in on-road traffic, including without limitation the operational functions of: (i) Lateral vehicle motion control via steering; (ii) Longitudinal motion control via acceleration and deceleration; (iii) Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation; (iv) Object and event response execution; (v) Maneuver planning; and (vi) Lighting and signaling operation designed to enhance conspicuity of the vehicle.

(i) Lateral vehicle motion control via steering;

(ii) Longitudinal motion control via acceleration and deceleration;

(iii) Monitoring of the driving environment using object and event detection, recognition, classification, and response preparation;

(iv) Object and event response execution;

(v) Maneuver planning; and

(vi) Lighting and signaling operation designed to enhance conspicuity of the vehicle.

(B) "Dynamic driving task" does not include the strategic functions of: (i) Trip scheduling; or (ii) Selection of destinations and waypoints;

(i) Trip scheduling; or

(ii) Selection of destinations and waypoints;

(4) "Fully autonomous vehicle" means a vehicle equipped with an automated driving system designed to function as a level four-"high automation" or level five-"full automation" system under Society of Automobile Engineers Taxonomy and Definitions for Terms Related to Driving Automation Systems for On-Road Motor Vehicles and may be designed to function solely by use of the automated driving system or, when the automated driving system is not engaged, to permit operation by a human operator;

(5) "Human operator" means an individual who operates a vehicle by manually controlling the: (A) Brake; (B) Accelerator pedal; (C) Steering wheel; or (D) Transmission gear selection;

(A) Brake;

(B) Accelerator pedal;

(C) Steering wheel; or

(D) Transmission gear selection;

(6) "Minimal risk condition" means a low-risk operating mode in which a fully autonomous vehicle operating without a human operator is brought to a complete stop upon experiencing a failure of the vehicle's automated driving system that renders the vehicle unable to perform the entire dynamic driving task;

(7) "On-demand driverless capable vehicle network" means a transportation service network that uses a software application or other digital means to dispatch autonomous vehicles or fully autonomous vehicles for purposes of transporting persons or goods, including without limitation vehicles used for: (A) For-hire transportation; (B) The transportation of multiple passengers who agree to share the ride in whole or in part; or (C) Public transportation;

(A) For-hire transportation;

(B) The transportation of multiple passengers who agree to share the ride in whole or in part; or

(C) Public transportation;

(8) "Operational design domain" means a description of the specific operating domain in which an automated driving system is designed to properly operate, including without limitation: (A) Roadway types; (B) Speed range; (C) Environmental conditions; and (D) Other domain constraints;

(A) Roadway types;

(B) Speed range;

(C) Environmental conditions; and

(D) Other domain constraints;

(9) "Person" means every natural person, firm, copartnership, association, corporation, or any political subdivision of the State of Arkansas, individually or collectively, including all counties, municipal corporations, public transit authorities, school districts, and special improvement districts; and

(10) "Remote operator" means an individual who is: (A) Able to provide remote assistance to a fully autonomous vehicle in driverless operation; or (B) Not seated in a position to manually control a vehicle's: (i) Brake; (ii) Accelerator pedal; (iii) Steering wheel; or (iv) Transmission gear selection.

(A) Able to provide remote assistance to a fully autonomous vehicle in driverless operation; or

(B) Not seated in a position to manually control a vehicle's: (i) Brake; (ii) Accelerator pedal; (iii) Steering wheel; or (iv) Transmission gear selection.

(i) Brake;

(ii) Accelerator pedal;

(iii) Steering wheel; or

(iv) Transmission gear selection.

Amended by Act 2021, No. 619,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 468,§ 1, eff. 3/14/2019.
Ark. Code Ann. § 27-74-209 — AR Code / Title 27 / Chapter 74 / Subchapter 2 / Section 27-74-209
Agreements with United States
Status: in_force

As provided by Title 23 of the United States Code, the State Highway Commission is authorized to enter into agreement, which agreement shall reflect customary use in the outdoor advertising industry as determined under § 27-74-211 , with the United States Secretary of Transportation to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to those sections of the federal-aid interstate and federal-aid primary highway systems lying in Arkansas and to take action in the name of the state to comply with any agreement. Acts 1967, No. 640, Art. 1, § 8; A.S.A. 1947, § 76-2509.

As provided by Title 23 of the United States Code, the State Highway Commission is authorized to enter into agreement, which agreement shall reflect customary use in the outdoor advertising industry as determined under § 27-74-211 , with the United States Secretary of Transportation to control the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to those sections of the federal-aid interstate and federal-aid primary highway systems lying in Arkansas and to take action in the name of the state to comply with any agreement.

Acts 1967, No. 640, Art. 1, § 8; A.S.A. 1947, § 76-2509.
Ark. Code Ann. § 27-69-106 — AR Code / Title 27 / Chapter 69 / Subchapter 1 / Section 27-69-106
Right-of-way
Status: in_force

(a) An average right-of-way of not less than one hundred (100) acres per mile in fee simple, plus scenic, landscape, sightly, or safety easement control up to a total average of fifty (50) acres per mile, shall be provided for the gross length of the parkway in this state for parkway purposes. (b) At no point shall the width of parkway area through state or private lands be less than two hundred feet (200'), except as the United States Secretary of the Interior may determine in particular cases. (c) If the total acreage acquired by this state and its political subdivisions or other parties and transferred to the United States for parkway purposes is less than the above-stated minimum per mile, then other public areas adjacent to or near the parkway having scenic, recreational, conservation, floodway, or historic value shall be owned, acquired, or administered satisfactorily to the United States Secretary of the Interior or leased thereto sufficient to bring the total acreage up to the minimum. (d) The area boundaries need not be mechanically determined or measured by a uniform distance from the center line of the parkway. (e) The variation of the width shall be dependent upon the topographical and other natural conditions, requirements of design, easements, and time and cost of acquisition. (f) Owing to proximity in numerous locations of vertical picturesque bluffs close to the Mississippi River at high water stages and the narrow range of location of existing railway facilities, the parkway road may be constructed over or under such precipitous cliffs and caverns and around and across river bends and through back country as will best diversify the rugged, wooded, and open pastoral scenery and water vistas, and also tend toward economical cost of land acquisitions and parkway road construction and maintenance. (g) The state may include in its fee simple parkway right-of-way requirement such nearby areas of the Mississippi River within its boundaries, other than the navigable channel thereof at normal river stage, provided the nearest edge of such supplementary water, island, flo-way, or floodway areas shall be within five hundred feet (500') of the center line of the parkway road and shall not exceed a width of one thousand feet (1,000'). Acts 1939, No. 45, § 5; A.S.A. 1947, § 76-1805.

(a) An average right-of-way of not less than one hundred (100) acres per mile in fee simple, plus scenic, landscape, sightly, or safety easement control up to a total average of fifty (50) acres per mile, shall be provided for the gross length of the parkway in this state for parkway purposes.

(b) At no point shall the width of parkway area through state or private lands be less than two hundred feet (200'), except as the United States Secretary of the Interior may determine in particular cases.

(c) If the total acreage acquired by this state and its political subdivisions or other parties and transferred to the United States for parkway purposes is less than the above-stated minimum per mile, then other public areas adjacent to or near the parkway having scenic, recreational, conservation, floodway, or historic value shall be owned, acquired, or administered satisfactorily to the United States Secretary of the Interior or leased thereto sufficient to bring the total acreage up to the minimum.

(d) The area boundaries need not be mechanically determined or measured by a uniform distance from the center line of the parkway.

(e) The variation of the width shall be dependent upon the topographical and other natural conditions, requirements of design, easements, and time and cost of acquisition.

(f) Owing to proximity in numerous locations of vertical picturesque bluffs close to the Mississippi River at high water stages and the narrow range of location of existing railway facilities, the parkway road may be constructed over or under such precipitous cliffs and caverns and around and across river bends and through back country as will best diversify the rugged, wooded, and open pastoral scenery and water vistas, and also tend toward economical cost of land acquisitions and parkway road construction and maintenance.

(g) The state may include in its fee simple parkway right-of-way requirement such nearby areas of the Mississippi River within its boundaries, other than the navigable channel thereof at normal river stage, provided the nearest edge of such supplementary water, island, flo-way, or floodway areas shall be within five hundred feet (500') of the center line of the parkway road and shall not exceed a width of one thousand feet (1,000').

Acts 1939, No. 45, § 5; A.S.A. 1947, § 76-1805.
Ark. Code Ann. § 27-51-1703 — AR Code / Title 27 / Chapter 51 / Subchapter 17 / Section 27-51-1703
Rules for bicycles applicable to electric bicycles
Status: in_force

For the purposes of this subchapter: (1) An electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle; (2) An electric bicycle is not a motor vehicle; and (3) An electric bicycle or an operator of an electric bicycle is not subject to the provisions of this title relating to insurance, licensing, registration, operator's licenses, and certificates of title. Added by Act 2017, No. 956,§ 3, eff. 8/1/2017.

For the purposes of this subchapter:

(1) An electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle;

(2) An electric bicycle is not a motor vehicle; and

(3) An electric bicycle or an operator of an electric bicycle is not subject to the provisions of this title relating to insurance, licensing, registration, operator's licenses, and certificates of title.

Added by Act 2017, No. 956,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 27-101-111 — AR Code / Title 27 / Chapter 101 / Subchapter 1 / Section 27-101-111
Distribution of funds
Status: in_force

(a) On or before the fifth of the month next following the month during which the funds shall have been received by him or her, the Treasurer of State shall distribute the funds in the manner provided in this section: (1) Three percent (3%) of the amount to the Constitutional Officers Fund and the State Central Services Fund to be used for defraying the necessary expenses of the state government; and (2) Ninety-seven percent (97%) of the amount as follows: (A) Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund; (B) Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law; (C) Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and (D) Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program. (b) Upon receipt of any fees, each county treasurer shall deposit them into the county treasury to the credit of the boating safety and enforcement fund, if the county sheriff of that county has established a patrol on the waterways within the county. (c) (1) In the event the county sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his or her county's share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county. After the county treasurer receives the funds, he or she shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services. (2) Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission. Amended by Act 2019, No. 910,§ 4819, eff. 7/1/2019. Acts 1987, No. 122, § 2; 2003, No. 1774, § 8.

(a) On or before the fifth of the month next following the month during which the funds shall have been received by him or her, the Treasurer of State shall distribute the funds in the manner provided in this section: (1) Three percent (3%) of the amount to the Constitutional Officers Fund and the State Central Services Fund to be used for defraying the necessary expenses of the state government; and (2) Ninety-seven percent (97%) of the amount as follows: (A) Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund; (B) Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law; (C) Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and (D) Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program.

(1) Three percent (3%) of the amount to the Constitutional Officers Fund and the State Central Services Fund to be used for defraying the necessary expenses of the state government; and

(2) Ninety-seven percent (97%) of the amount as follows: (A) Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund; (B) Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law; (C) Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and (D) Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program.

(A) Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund;

(B) Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law;

(C) Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and

(D) Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program.

(b) Upon receipt of any fees, each county treasurer shall deposit them into the county treasury to the credit of the boating safety and enforcement fund, if the county sheriff of that county has established a patrol on the waterways within the county.

(c) (1) In the event the county sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his or her county's share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county. After the county treasurer receives the funds, he or she shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services. (2) Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission.

(1) In the event the county sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his or her county's share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county. After the county treasurer receives the funds, he or she shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services.

(2) Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission.

Amended by Act 2019, No. 910,§ 4819, eff. 7/1/2019.

Acts 1987, No. 122, § 2; 2003, No. 1774, § 8.
Ark. Code Ann. § 27-14-1001 — AR Code / Title 27 / Chapter 14 / Subchapter 10 / Section 27-14-1001
Title
Status: in_force

This subchapter may be cited as the "Permanent Automobile Licensing Act of 1967". Acts 1967, No. 465, § 1; A.S.A. 1947, § 75-133.11.

This subchapter may be cited as the "Permanent Automobile Licensing Act of 1967".

Acts 1967, No. 465, § 1; A.S.A. 1947, § 75-133.11.
Ark. Code Ann. § 27-51-1302 — AR Code / Title 27 / Chapter 51 / Subchapter 13 / Section 27-51-1302
Stopping, standing, or parking prohibited in specified places
Status: in_force

(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 entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of the entrance when properly signposted; (11) Alongside or opposite any street excavation or any street obstruction when stopping, standing, or parking would obstruct traffic; (12) On a roadway side of any vehicle stopped or parked at the edge of a curb or a street; (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (14) At any place where official signs prohibit stopping; or (15) On the shoulders, the median, the ramps, and all other highway rights-of-way along interstate or fully controlled access highways, except in designated parking areas, provided that stopping, standing, or parking that is brief in duration and is due to an emergency, a vehicle disablement, or to correct or avert an unsafe condition shall not be considered a violation of this section. (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. Acts 1937, No. 300, § 92; Pope's Dig., § 6749; A.S.A. 1947, § 75-649; Acts 2007, No. 997, § 1.

(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 entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of the entrance when properly signposted; (11) Alongside or opposite any street excavation or any street obstruction when stopping, standing, or parking would obstruct traffic; (12) On a roadway side of any vehicle stopped or parked at the edge of a curb or a street; (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (14) At any place where official signs prohibit stopping; or (15) On the shoulders, the median, the ramps, and all other highway rights-of-way along interstate or fully controlled access highways, except in designated parking areas, provided that stopping, standing, or parking that is brief in duration and is due to an emergency, a vehicle disablement, or to correct or avert an unsafe condition shall not be considered a violation of this section.

(1) On a sidewalk;

(2) In front of a public or a private driveway;

(3) Within an intersection;

(4) Within fifteen feet (15') of a fire hydrant;

(5) On a crosswalk;

(6) Within twenty feet (20') of a crosswalk at an intersection;

(7) Within thirty feet (30') upon the approach to any flashing beacon, any stop sign, or any traffic-control signal located at the side of a roadway;

(8) Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless the local traffic authority indicates a different length by signs or markings;

(9) Within fifty feet (50') of the nearest rail of a railroad crossing;

(10) Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet (75') of the entrance when properly signposted;

(11) Alongside or opposite any street excavation or any street obstruction when stopping, standing, or parking would obstruct traffic;

(12) On a roadway side of any vehicle stopped or parked at the edge of a curb or a street;

(13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(14) At any place where official signs prohibit stopping; or

(15) On the shoulders, the median, the ramps, and all other highway rights-of-way along interstate or fully controlled access highways, except in designated parking areas, provided that stopping, standing, or parking that is brief in duration and is due to an emergency, a vehicle disablement, or to correct or avert an unsafe condition shall not be considered a violation of this section.

(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.

Acts 1937, No. 300, § 92; Pope's Dig., § 6749; A.S.A. 1947, § 75-649; Acts 2007, No. 997, § 1.