Ark. Code Ann. § 27-76-106 — AR Code / Title 27 / Chapter 76 / Subchapter 1 / Section 27-76-106
Immunity
Status: in_force

(a) The powers and duties of a regional mobility authority conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity. (b) The exercise of the powers and the performance of the duties by a regional mobility authority under this chapter are immune from suit in tort unless immunity is expressly waived in writing. (c) A regional mobility authority is not immune from suit in contract if the contract arises from the performance of duties authorized by law. Acts 2007, No. 389, § 1; 2011, No. 524, § 3.

(a) The powers and duties of a regional mobility authority conferred by this chapter are public and governmental functions exercised for a public purpose and for matters of public necessity.

(b) The exercise of the powers and the performance of the duties by a regional mobility authority under this chapter are immune from suit in tort unless immunity is expressly waived in writing.

(c) A regional mobility authority is not immune from suit in contract if the contract arises from the performance of duties authorized by law.

Acts 2007, No. 389, § 1; 2011, No. 524, § 3.
Ark. Code Ann. § 27-74-206 — AR Code / Title 27 / Chapter 74 / Subchapter 2 / Section 27-74-206
Removal - Directional sign exemption
Status: in_force

(a) The State Highway Commission, upon receipt of a declaration, resolution, certified copy of an ordinance, or other clear direction from a community, board of county commissioners, municipality, county, city, a specific region or area of the state, or other governmental or quasi-governmental agency that removal of motorist services directional signs would cause an economic hardship in a defined area shall forward this declaration, resolution, or finding to the United States Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) . (b) Any declaration or resolution submitted to the commission shall further find that the motorist services signs provide directional information about goods and services in the interest of the traveling public and shall request the retention in the specified areas by the state of directional motorist services signs as defined herein. (c) The commission shall comply with all regulations issued both now and hereafter by the Federal Highway Administration necessary for application for the exemption provided in 23 U.S.C. § 131(o) , provided that the motorist services directional signs were lawfully erected under state law at the time of their erection and were in existence on or prior to May 5, 1976. Acts 1977, No. 386, § 4; A.S.A. 1947, § 76-2507.1.

(a) The State Highway Commission, upon receipt of a declaration, resolution, certified copy of an ordinance, or other clear direction from a community, board of county commissioners, municipality, county, city, a specific region or area of the state, or other governmental or quasi-governmental agency that removal of motorist services directional signs would cause an economic hardship in a defined area shall forward this declaration, resolution, or finding to the United States Secretary of Transportation for inclusion as a defined hardship area qualifying for exemption pursuant to 23 U.S.C. § 131(o) .

(b) Any declaration or resolution submitted to the commission shall further find that the motorist services signs provide directional information about goods and services in the interest of the traveling public and shall request the retention in the specified areas by the state of directional motorist services signs as defined herein.

(c) The commission shall comply with all regulations issued both now and hereafter by the Federal Highway Administration necessary for application for the exemption provided in 23 U.S.C. § 131(o) , provided that the motorist services directional signs were lawfully erected under state law at the time of their erection and were in existence on or prior to May 5, 1976.

Acts 1977, No. 386, § 4; A.S.A. 1947, § 76-2507.1.
Ark. Code Ann. § 27-19-301 — AR Code / Title 27 / Chapter 19 / Subchapter 3 / Section 27-19-301
Penalty generally
Status: in_force

Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500) or imprisoned not more than ninety (90) days, or both. Acts 1953, No. 347, § 84; A.S.A. 1947, § 75-1484.

Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500) or imprisoned not more than ninety (90) days, or both.

Acts 1953, No. 347, § 84; A.S.A. 1947, § 75-1484.
Ark. Code Ann. § 27-19-613 — AR Code / Title 27 / Chapter 19 / Subchapter 6 / Section 27-19-613
Release from liability
Status: in_force

(a) A person shall be relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident in the event he or she is released from liability by the other person. (b) A covenant not to sue shall relieve the parties thereto as to each other from the security requirements of this subchapter. (c) In the event the Office of Driver Services determines the injuries or damage to any minor is less than the amount required for depositing security for an accident under § 27-19-601 , the Office of Driver Services may accept, for the purposes of this subchapter only, evidence of a release from liability executed by a natural guardian or a legal guardian on behalf of the minor without the approval of any court or judge. Acts 1953, No. 347, § 30; A.S.A. 1947, § 75-1430; Acts 1993, No. 912, § 5.

(a) A person shall be relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident in the event he or she is released from liability by the other person.

(b) A covenant not to sue shall relieve the parties thereto as to each other from the security requirements of this subchapter.

(c) In the event the Office of Driver Services determines the injuries or damage to any minor is less than the amount required for depositing security for an accident under § 27-19-601 , the Office of Driver Services may accept, for the purposes of this subchapter only, evidence of a release from liability executed by a natural guardian or a legal guardian on behalf of the minor without the approval of any court or judge.

Acts 1953, No. 347, § 30; A.S.A. 1947, § 75-1430; Acts 1993, No. 912, § 5.
Ark. Code Ann. § 27-23-126 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-126
Notification of out-of-service order
Status: in_force

The law enforcement officer issuing an out-of-service order to a commercial motor vehicle driver pursuant to § 27-23-113 or compatible law shall within thirty (30) days report the issuance to the Office of Driver Services. Acts 1995, No. 921, § 6.

The law enforcement officer issuing an out-of-service order to a commercial motor vehicle driver pursuant to § 27-23-113 or compatible law shall within thirty (30) days report the issuance to the Office of Driver Services.

Acts 1995, No. 921, § 6.
Ark. Code Ann. § 27-16-1209 — AR Code / Title 27 / Chapter 16 / Subchapter 12 / Section 27-16-1209
Expiration and renewal
Status: in_force

(a) A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, and voluntary enhanced security identification card issued to a United States citizen or United States national under this subchapter shall expire at the time provided for other driver's licenses, commercial driver's licenses, and identification cards issued under this title. (b) (1) Every voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued to an applicant other than a United States citizen or United States national shall expire on the date indicated in subdivision (b)(2) of this section if the applicant provides valid documentary evidence of legal status that the person: (A) Is an alien lawfully admitted for permanent or temporary residence in the United States; (B) Has conditional permanent resident status in the United States; (C) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; (D) Has a pending or approved application for asylum in the United States; (E) Has entered into the United States in refugee status; (F) Has a pending or approved application for temporary protected status in the United States; (G) Has approved deferred action status; or (H) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. (2) (A) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status with no expiration date, the driver's license or identification card issued shall expire on the end of the month in which the driver's license or identification card was issued one (1) year from its date of initial issuance. (B) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status containing an expiration date, the driver's license or identification card issued shall expire on the earlier to occur of the following: (i) The date of expiration indicated on the person's valid documentary evidence of legal status; or (ii) The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section. (3) The Office of Driver Services shall verify the legal presence of an applicant for renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card of a person included in subdivision (b)(1) or subdivision (b)(2)(A) of this section by utilizing the automated system known as the Verification Information System database of the Systematic Alien Verification for Entitlements Program, as provided by section 404 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. No. 104-208. (c) A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued under this section must be renewed at the end of the period specified in subsections (a) and (b) of this section and, to the extent applicable, other renewal provisions in this chapter. (d) The Secretary of the Department of Finance and Administration may by rule shorten or lengthen the term of any driver's license or identification card period under this section, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year. Amended by Act 2019, No. 910,§ 4681, eff. 7/1/2019. Acts 2009, No. 1308, § 1.

(a) A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, and voluntary enhanced security identification card issued to a United States citizen or United States national under this subchapter shall expire at the time provided for other driver's licenses, commercial driver's licenses, and identification cards issued under this title.

(b) (1) Every voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued to an applicant other than a United States citizen or United States national shall expire on the date indicated in subdivision (b)(2) of this section if the applicant provides valid documentary evidence of legal status that the person: (A) Is an alien lawfully admitted for permanent or temporary residence in the United States; (B) Has conditional permanent resident status in the United States; (C) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; (D) Has a pending or approved application for asylum in the United States; (E) Has entered into the United States in refugee status; (F) Has a pending or approved application for temporary protected status in the United States; (G) Has approved deferred action status; or (H) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. (2) (A) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status with no expiration date, the driver's license or identification card issued shall expire on the end of the month in which the driver's license or identification card was issued one (1) year from its date of initial issuance. (B) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status containing an expiration date, the driver's license or identification card issued shall expire on the earlier to occur of the following: (i) The date of expiration indicated on the person's valid documentary evidence of legal status; or (ii) The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section. (3) The Office of Driver Services shall verify the legal presence of an applicant for renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card of a person included in subdivision (b)(1) or subdivision (b)(2)(A) of this section by utilizing the automated system known as the Verification Information System database of the Systematic Alien Verification for Entitlements Program, as provided by section 404 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. No. 104-208.

(1) Every voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued to an applicant other than a United States citizen or United States national shall expire on the date indicated in subdivision (b)(2) of this section if the applicant provides valid documentary evidence of legal status that the person: (A) Is an alien lawfully admitted for permanent or temporary residence in the United States; (B) Has conditional permanent resident status in the United States; (C) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; (D) Has a pending or approved application for asylum in the United States; (E) Has entered into the United States in refugee status; (F) Has a pending or approved application for temporary protected status in the United States; (G) Has approved deferred action status; or (H) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

(A) Is an alien lawfully admitted for permanent or temporary residence in the United States;

(B) Has conditional permanent resident status in the United States;

(C) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;

(D) Has a pending or approved application for asylum in the United States;

(E) Has entered into the United States in refugee status;

(F) Has a pending or approved application for temporary protected status in the United States;

(G) Has approved deferred action status; or

(H) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.

(2) (A) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status with no expiration date, the driver's license or identification card issued shall expire on the end of the month in which the driver's license or identification card was issued one (1) year from its date of initial issuance. (B) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status containing an expiration date, the driver's license or identification card issued shall expire on the earlier to occur of the following: (i) The date of expiration indicated on the person's valid documentary evidence of legal status; or (ii) The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section.

(A) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status with no expiration date, the driver's license or identification card issued shall expire on the end of the month in which the driver's license or identification card was issued one (1) year from its date of initial issuance.

(B) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status containing an expiration date, the driver's license or identification card issued shall expire on the earlier to occur of the following: (i) The date of expiration indicated on the person's valid documentary evidence of legal status; or (ii) The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section.

(i) The date of expiration indicated on the person's valid documentary evidence of legal status; or

(ii) The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section.

(3) The Office of Driver Services shall verify the legal presence of an applicant for renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card of a person included in subdivision (b)(1) or subdivision (b)(2)(A) of this section by utilizing the automated system known as the Verification Information System database of the Systematic Alien Verification for Entitlements Program, as provided by section 404 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Pub. L. No. 104-208.

(c) A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued under this section must be renewed at the end of the period specified in subsections (a) and (b) of this section and, to the extent applicable, other renewal provisions in this chapter.

(d) The Secretary of the Department of Finance and Administration may by rule shorten or lengthen the term of any driver's license or identification card period under this section, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year.

Amended by Act 2019, No. 910,§ 4681, eff. 7/1/2019.

Acts 2009, No. 1308, § 1.
Ark. Code Ann. § 27-65-136 — AR Code / Title 27 / Chapter 65 / Section 27-65-136
Prohibition on increasing number of employees before election
Status: in_force

(a) Within ninety (90) days preceding any primary election, the Arkansas Department of Transportation shall not increase the number of its employees beyond the average number of employees the department employed and supervised during the twelve (12) months prior to the primary election, except in case of floods. (b) The commissioners of the State Highway Commission and the Treasurer of State shall not, at the penalty of being liable upon their official bonds, make any payment for salary to employees engaged by the department in violation of the provisions of this section. Amended by Act 2017, No. 707,§ 370, eff. 8/1/2017. Acts 1938 (1st Ex. Sess.), No. 14, § 1-A.

(a) Within ninety (90) days preceding any primary election, the Arkansas Department of Transportation shall not increase the number of its employees beyond the average number of employees the department employed and supervised during the twelve (12) months prior to the primary election, except in case of floods.

(b) The commissioners of the State Highway Commission and the Treasurer of State shall not, at the penalty of being liable upon their official bonds, make any payment for salary to employees engaged by the department in violation of the provisions of this section.

Amended by Act 2017, No. 707,§ 370, eff. 8/1/2017.

Acts 1938 (1st Ex. Sess.), No. 14, § 1-A.
Ark. Code Ann. § 27-16-915 — AR Code / Title 27 / Chapter 16 / Subchapter 9 / Section 27-16-915
Suspension for conviction of controlled substances offense - Definitions
Status: in_force

(a) As used in this section: (1) "Drug offense" has the meaning as provided in § 5-64-710 ; and (2) "Specialty court" means one (1) of the following: (A) A pre-adjudication program under § 5-4-901 et seq.; (B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.; (C) A probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or (D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program known as: (i) A DWI court; (ii) A mental health court; (iii) A veteran's court; (iv) A juvenile drug court; (v) A "HOPE" court; or (vi) A "smarter sentencing" court. (b) (1) (A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term "commercial motor vehicle" is defined in § 27-23-103 , or as similarly defined by the laws of any other state, for a period of one (1) year. (B) Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the: (i) Plea of guilty or nolo contendere; (ii) Finding of guilt; or (iii) Acceptance and enrollment in a specialty court. (C) Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration. (D) The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state. (2) (A) For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from: (i) A mandatory court appearance; (ii) A mandatory random drug-testing appearance; (iii) A place of employment or as required in the scope of employment; (iv) A scheduled session or meeting of a support or counseling organization; (v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution; (vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances; (vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or (viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program. (B) (i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order. (ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court. (C) The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to: (i) A revocation in the State of Arkansas or another state; (ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit; (iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or (iv) A suspension under: (a) Section 5-65-104 ; (b) Section 5-65-205 ; (c) Section 5-65-304 ; (d) Section 5-65-310 ; (e) Section 9-14-239 ; (f) Section 27-16-905 ; (g) Section 27-16-907(b)(4) -(6); (h) Section 27-16-908 ; (i) Section 27-16-909 ; (j) Section 27-19-610 ; (k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or (l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq. (D) The court shall not issue a restricted permit to operate a commercial motor vehicle. (c) Upon receipt of an order of denial of driving privileges under this section, the department shall: (1) Suspend the driver's license of the person for six (6) months; (2) In the event the person's driver's license is under suspension by the department for another offense or other violations, the person's driver's license shall be suspended an additional six (6) months; or (3) If the person has not been issued a driver's license, the issuance of a license by the department shall be delayed for an additional six (6) months after the person applies for a license. (d) Upon receipt of an order of denial of driving privileges under this section, which order concerns a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., the department, in addition to any actions taken pursuant to subsection (c) of this section, shall: (1) Suspend the commercial driver's license of the person for one (1) year; (2) In the event the person's commercial driver's license is under suspension by the department for another offense or other violations, the person's commercial driver's license shall, in addition to any penalties provided by the laws of this state, be suspended an additional one (1) year; or (3) If the person has not been issued a commercial driver's license, the issuance of such a license by the department shall be delayed for an additional one-year period after the person applies for a license. (e) Nothing contained in subsection (d) of this section shall require the issuance or reissuance of any commercial driver's license to any person following any suspension who is otherwise ineligible pursuant to other laws of this state to obtain such issuance or reissuance. (f) Penalties prescribed in this section shall be in addition to all other penalties prescribed by law for the offenses covered by this section. Amended by Act 2019, No. 704,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4670, eff. 7/1/2019. Amended by Act 2015, No. 1246,§ 1, eff. 7/22/2015. Acts 1991, No. 1109, §§ 1-3; 1993, No. 1257, § 4.

(a) As used in this section: (1) "Drug offense" has the meaning as provided in § 5-64-710 ; and (2) "Specialty court" means one (1) of the following: (A) A pre-adjudication program under § 5-4-901 et seq.; (B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.; (C) A probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or (D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program known as: (i) A DWI court; (ii) A mental health court; (iii) A veteran's court; (iv) A juvenile drug court; (v) A "HOPE" court; or (vi) A "smarter sentencing" court.

(1) "Drug offense" has the meaning as provided in § 5-64-710 ; and

(2) "Specialty court" means one (1) of the following: (A) A pre-adjudication program under § 5-4-901 et seq.; (B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.; (C) A probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or (D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program known as: (i) A DWI court; (ii) A mental health court; (iii) A veteran's court; (iv) A juvenile drug court; (v) A "HOPE" court; or (vi) A "smarter sentencing" court.

(A) A pre-adjudication program under § 5-4-901 et seq.;

(B) An approved drug court program under the Arkansas Drug Court Act, § 16-98-301 et seq.;

(C) A probation program under the Swift and Certain Accountability on Probation Pilot Program under § 16-93-1701 et seq.; or

(D) A specialty court program that has been approved by the Supreme Court, including without limitation a specialty court program known as: (i) A DWI court; (ii) A mental health court; (iii) A veteran's court; (iv) A juvenile drug court; (v) A "HOPE" court; or (vi) A "smarter sentencing" court.

(i) A DWI court;

(ii) A mental health court;

(iii) A veteran's court;

(iv) A juvenile drug court;

(v) A "HOPE" court; or

(vi) A "smarter sentencing" court.

(b) (1) (A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term "commercial motor vehicle" is defined in § 27-23-103 , or as similarly defined by the laws of any other state, for a period of one (1) year. (B) Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the: (i) Plea of guilty or nolo contendere; (ii) Finding of guilt; or (iii) Acceptance and enrollment in a specialty court. (C) Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration. (D) The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state. (2) (A) For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from: (i) A mandatory court appearance; (ii) A mandatory random drug-testing appearance; (iii) A place of employment or as required in the scope of employment; (iv) A scheduled session or meeting of a support or counseling organization; (v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution; (vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances; (vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or (viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program. (B) (i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order. (ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court. (C) The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to: (i) A revocation in the State of Arkansas or another state; (ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit; (iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or (iv) A suspension under: (a) Section 5-65-104 ; (b) Section 5-65-205 ; (c) Section 5-65-304 ; (d) Section 5-65-310 ; (e) Section 9-14-239 ; (f) Section 27-16-905 ; (g) Section 27-16-907(b)(4) -(6); (h) Section 27-16-908 ; (i) Section 27-16-909 ; (j) Section 27-19-610 ; (k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or (l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq. (D) The court shall not issue a restricted permit to operate a commercial motor vehicle.

(1) (A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term "commercial motor vehicle" is defined in § 27-23-103 , or as similarly defined by the laws of any other state, for a period of one (1) year. (B) Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the: (i) Plea of guilty or nolo contendere; (ii) Finding of guilt; or (iii) Acceptance and enrollment in a specialty court. (C) Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration. (D) The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state.

(A) When a person is accepted and enrolled in a court-approved pre-adjudication specialty court program for an offense involving the illegal possession or use of a controlled substance, pleads guilty or nolo contendere, or is found guilty of any criminal offense involving the illegal possession or use of controlled substances under the Uniform Controlled Substances Act, § 5-64-101 et seq., or of any drug offense, in this state or any other state, the court having jurisdiction of the matter, including any federal court, unless there are compelling circumstances warranting an exception, shall prepare and transmit to the Department of Finance and Administration an order to suspend the driving privileges of the person for six (6) months, provided the order regarding a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., or under the laws of another state shall include the suspension of the driving privileges of that person to drive a commercial motor vehicle, as the term "commercial motor vehicle" is defined in § 27-23-103 , or as similarly defined by the laws of any other state, for a period of one (1) year.

(B) Unless there are compelling circumstances warranting an exception, courts within the State of Arkansas shall prepare and transmit to the department an order within twenty-four (24) hours after the: (i) Plea of guilty or nolo contendere; (ii) Finding of guilt; or (iii) Acceptance and enrollment in a specialty court.

(i) Plea of guilty or nolo contendere;

(ii) Finding of guilt; or

(iii) Acceptance and enrollment in a specialty court.

(C) Unless there are compelling circumstances warranting an exception, courts outside Arkansas having jurisdiction over a person holding driving privileges issued by the State of Arkansas shall prepare and transmit an order under an agreement or arrangement entered into between that state and the Secretary of the Department of Finance and Administration.

(D) The agreement or arrangement may also provide for the forwarding by the department of an order issued by a court within this state to the state where the person holds driving privileges issued by that state.

(2) (A) For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from: (i) A mandatory court appearance; (ii) A mandatory random drug-testing appearance; (iii) A place of employment or as required in the scope of employment; (iv) A scheduled session or meeting of a support or counseling organization; (v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution; (vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances; (vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or (viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program. (B) (i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order. (ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court. (C) The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to: (i) A revocation in the State of Arkansas or another state; (ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit; (iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or (iv) A suspension under: (a) Section 5-65-104 ; (b) Section 5-65-205 ; (c) Section 5-65-304 ; (d) Section 5-65-310 ; (e) Section 9-14-239 ; (f) Section 27-16-905 ; (g) Section 27-16-907(b)(4) -(6); (h) Section 27-16-908 ; (i) Section 27-16-909 ; (j) Section 27-19-610 ; (k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or (l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq. (D) The court shall not issue a restricted permit to operate a commercial motor vehicle.

(A) For a person holding driving privileges issued by the State of Arkansas, a court within the State of Arkansas may provide in an order for the issuance of a restricted driving permit to allow driving to and from: (i) A mandatory court appearance; (ii) A mandatory random drug-testing appearance; (iii) A place of employment or as required in the scope of employment; (iv) A scheduled session or meeting of a support or counseling organization; (v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution; (vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances; (vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or (viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program.

(i) A mandatory court appearance;

(ii) A mandatory random drug-testing appearance;

(iii) A place of employment or as required in the scope of employment;

(iv) A scheduled session or meeting of a support or counseling organization;

(v) An educational institution for the purpose of attending a class if the person is enrolled in a course of study or program of training at the educational institution;

(vi) A treatment program for persons who have addiction or abuse problems related to a substance or controlled substances;

(vii) A doctor, hospital, or clinic appointment or admission for medical treatment or care for an illness, disease, or other medical condition of the person or a family member; or

(viii) Enrollment, compliance, and participation in a specialty court program if the person is accepted into a specialty court program.

(B) (i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order. (ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court.

(i) Courts within the State of Arkansas shall prepare and transmit to the department an order for a restricted driving permit issued under this section within three (3) business days after the entry of the order.

(ii) The department shall transmit to the Arkansas Crime Information Center an order for a restricted driving permit within three (3) business days after receipt of the order from the court.

(C) The court shall not issue a restricted driving permit under subdivision (b)(2)(A) of this section if the person's driving privileges are subject to: (i) A revocation in the State of Arkansas or another state; (ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit; (iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or (iv) A suspension under: (a) Section 5-65-104 ; (b) Section 5-65-205 ; (c) Section 5-65-304 ; (d) Section 5-65-310 ; (e) Section 9-14-239 ; (f) Section 27-16-905 ; (g) Section 27-16-907(b)(4) -(6); (h) Section 27-16-908 ; (i) Section 27-16-909 ; (j) Section 27-19-610 ; (k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or (l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.

(i) A revocation in the State of Arkansas or another state;

(ii) A suspension wherein a court has prohibited the issuance of a restricted driving permit;

(iii) A suspension for an offense committed outside of the State of Arkansas where the person is restricted to the use of an ignition interlock device; or

(iv) A suspension under: (a) Section 5-65-104 ; (b) Section 5-65-205 ; (c) Section 5-65-304 ; (d) Section 5-65-310 ; (e) Section 9-14-239 ; (f) Section 27-16-905 ; (g) Section 27-16-907(b)(4) -(6); (h) Section 27-16-908 ; (i) Section 27-16-909 ; (j) Section 27-19-610 ; (k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or (l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.

(a) Section 5-65-104 ;

(b) Section 5-65-205 ;

(c) Section 5-65-304 ;

(d) Section 5-65-310 ;

(e) Section 9-14-239 ;

(f) Section 27-16-905 ;

(g) Section 27-16-907(b)(4) -(6);

(h) Section 27-16-908 ;

(i) Section 27-16-909 ;

(j) Section 27-19-610 ;

(k) Section 27-19-707 , unless the judgment creditor has furnished written consent to allow a restricted driving permit; or

(l) The Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq.

(D) The court shall not issue a restricted permit to operate a commercial motor vehicle.

(c) Upon receipt of an order of denial of driving privileges under this section, the department shall: (1) Suspend the driver's license of the person for six (6) months; (2) In the event the person's driver's license is under suspension by the department for another offense or other violations, the person's driver's license shall be suspended an additional six (6) months; or (3) If the person has not been issued a driver's license, the issuance of a license by the department shall be delayed for an additional six (6) months after the person applies for a license.

(1) Suspend the driver's license of the person for six (6) months;

(2) In the event the person's driver's license is under suspension by the department for another offense or other violations, the person's driver's license shall be suspended an additional six (6) months; or

(3) If the person has not been issued a driver's license, the issuance of a license by the department shall be delayed for an additional six (6) months after the person applies for a license.

(d) Upon receipt of an order of denial of driving privileges under this section, which order concerns a person who is a holder of a commercial driver's license issued under the Arkansas Uniform Commercial Driver License Act, § 27-23-101 et seq., the department, in addition to any actions taken pursuant to subsection (c) of this section, shall: (1) Suspend the commercial driver's license of the person for one (1) year; (2) In the event the person's commercial driver's license is under suspension by the department for another offense or other violations, the person's commercial driver's license shall, in addition to any penalties provided by the laws of this state, be suspended an additional one (1) year; or (3) If the person has not been issued a commercial driver's license, the issuance of such a license by the department shall be delayed for an additional one-year period after the person applies for a license.

(1) Suspend the commercial driver's license of the person for one (1) year;

(2) In the event the person's commercial driver's license is under suspension by the department for another offense or other violations, the person's commercial driver's license shall, in addition to any penalties provided by the laws of this state, be suspended an additional one (1) year; or

(3) If the person has not been issued a commercial driver's license, the issuance of such a license by the department shall be delayed for an additional one-year period after the person applies for a license.

(e) Nothing contained in subsection (d) of this section shall require the issuance or reissuance of any commercial driver's license to any person following any suspension who is otherwise ineligible pursuant to other laws of this state to obtain such issuance or reissuance.

(f) Penalties prescribed in this section shall be in addition to all other penalties prescribed by law for the offenses covered by this section.

Amended by Act 2019, No. 704,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4670, eff. 7/1/2019.

Amended by Act 2015, No. 1246,§ 1, eff. 7/22/2015.

Acts 1991, No. 1109, §§ 1-3; 1993, No. 1257, § 4.
Ark. Code Ann. § 27-50-505 — AR Code / Title 27 / Chapter 50 / Subchapter 5 / Section 27-50-505
Information from owner regarding operation of motor vehicle ticketed for violation - Definition
Status: in_force

(a) As used in this section, unless the context otherwise requires, "police authority" means any municipal, county, or state police enforcement agency. (b) When the registered owner of a motor vehicle receives notice from any police authority that the motor vehicle has been ticketed for a violation of any state law or municipal ordinance regulating motor vehicle operation or usage, the registered owner shall provide the notifying police authority with such information as he or she has available regarding the operation of the vehicle at the time it was ticketed, within fourteen (14) days of receipt of notice therefor. (c) Failure or refusal of any registered owner of a motor vehicle to comply with the provisions of this section shall be a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00). Acts 1969, No. 80, §§ 1-3; A.S.A. 1947, §§ 75-1047 -- 75-1049; Acts 2011, No. 780, § 5.

(a) As used in this section, unless the context otherwise requires, "police authority" means any municipal, county, or state police enforcement agency.

(b) When the registered owner of a motor vehicle receives notice from any police authority that the motor vehicle has been ticketed for a violation of any state law or municipal ordinance regulating motor vehicle operation or usage, the registered owner shall provide the notifying police authority with such information as he or she has available regarding the operation of the vehicle at the time it was ticketed, within fourteen (14) days of receipt of notice therefor.

(c) Failure or refusal of any registered owner of a motor vehicle to comply with the provisions of this section shall be a misdemeanor. Upon conviction, the person shall be subject to a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00).

Acts 1969, No. 80, §§ 1-3; A.S.A. 1947, §§ 75-1047 -- 75-1049; Acts 2011, No. 780, § 5.
Ark. Code Ann. § 27-50-202 — AR Code / Title 27 / Chapter 50 / Subchapter 2 / Section 27-50-202
Arkansas Highway Police Division of the Arkansas Department of Transportation - Creation
Status: in_force

The Arkansas Highway Police Division of the Arkansas Department of Transportation is created. Amended by Act 2017, No. 707,§ 340, eff. 8/1/2017. Acts 1963, No. 125, § 1; 1979, No. 720, § 1; A.S.A. 1947, §§ 75-1022.6, 75-1022.10; Acts 2007, No. 827, § 237.

The Arkansas Highway Police Division of the Arkansas Department of Transportation is created.

Amended by Act 2017, No. 707,§ 340, eff. 8/1/2017.

Acts 1963, No. 125, § 1; 1979, No. 720, § 1; A.S.A. 1947, §§ 75-1022.6, 75-1022.10; Acts 2007, No. 827, § 237.
Ark. Code Ann. § 27-16-1109 — AR Code / Title 27 / Chapter 16 / Subchapter 11 / Section 27-16-1109
Applicability to Medicaid identification cards
Status: in_force

No provision of this subchapter shall apply to the issuance or production of Medicaid identification cards by either the Department of Human Services or the Office of Driver Services. Acts 2005, No. 2210, § 1.

No provision of this subchapter shall apply to the issuance or production of Medicaid identification cards by either the Department of Human Services or the Office of Driver Services.

Acts 2005, No. 2210, § 1.
Ark. Code Ann. § 27-53-204 — AR Code / Title 27 / Chapter 53 / Subchapter 2 / Section 27-53-204
Coroners to report deaths
Status: in_force

Every coroner, or other official performing like functions, on or before the tenth day of each month, shall report in writing to the Division of Arkansas State Police the death of any person within his or her jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident. Acts 1937, No. 300, § 44; Pope's Dig., § 6702; A.S.A. 1947, § 75-909.

Every coroner, or other official performing like functions, on or before the tenth day of each month, shall report in writing to the Division of Arkansas State Police the death of any person within his or her jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident.

Acts 1937, No. 300, § 44; Pope's Dig., § 6702; A.S.A. 1947, § 75-909.
Ark. Code Ann. § 27-35-103 — AR Code / Title 27 / Chapter 35 / Subchapter 1 / Section 27-35-103
Scope and effect of regulations
Status: in_force

(a) The maximum size and weight of vehicles specified in this chapter shall be lawful throughout this state, and local authorities shall have no power or authority to alter these limitations, except as provided in this chapter. (b) Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles to be operated upon any highway, for a total period of not to exceed ninety (90) days in any one (1) calendar year, whenever the highway, by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced. (c) (1) The local authority enacting any such ordinance or resolution shall erect, or cause to be erected and maintained, signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby. (2) The ordinance or resolution shall not be effective unless and until signs are erected and maintained. (d) (1) Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may also prohibit the operation of trucks or other commercial vehicles or may impose limitations as to the weight thereof on designated highways. (2) The prohibitions and limitations shall be designated by appropriate signs placed on such highways. (e) (1) The State Highway Commission shall likewise have authority as granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highways under the jurisdiction of the commission. (2) The restrictions shall be effective when signs giving notice thereof are erected upon the highway or portion of any highway affected by such resolution. Acts 1937, No. 300, § 139; Pope's Dig., § 6799; Acts 1959, No. 307, § 53; A.S.A. 1947, § 75-801; Acts 1995, No. 851, § 1.

(a) The maximum size and weight of vehicles specified in this chapter shall be lawful throughout this state, and local authorities shall have no power or authority to alter these limitations, except as provided in this chapter.

(b) Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles to be operated upon any highway, for a total period of not to exceed ninety (90) days in any one (1) calendar year, whenever the highway, by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.

(c) (1) The local authority enacting any such ordinance or resolution shall erect, or cause to be erected and maintained, signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby. (2) The ordinance or resolution shall not be effective unless and until signs are erected and maintained.

(1) The local authority enacting any such ordinance or resolution shall erect, or cause to be erected and maintained, signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby.

(2) The ordinance or resolution shall not be effective unless and until signs are erected and maintained.

(d) (1) Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may also prohibit the operation of trucks or other commercial vehicles or may impose limitations as to the weight thereof on designated highways. (2) The prohibitions and limitations shall be designated by appropriate signs placed on such highways.

(1) Local authorities, with respect to highways under their jurisdiction, by ordinance or resolution, may also prohibit the operation of trucks or other commercial vehicles or may impose limitations as to the weight thereof on designated highways.

(2) The prohibitions and limitations shall be designated by appropriate signs placed on such highways.

(e) (1) The State Highway Commission shall likewise have authority as granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highways under the jurisdiction of the commission. (2) The restrictions shall be effective when signs giving notice thereof are erected upon the highway or portion of any highway affected by such resolution.

(1) The State Highway Commission shall likewise have authority as granted in this section to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highways under the jurisdiction of the commission.

(2) The restrictions shall be effective when signs giving notice thereof are erected upon the highway or portion of any highway affected by such resolution.

Acts 1937, No. 300, § 139; Pope's Dig., § 6799; Acts 1959, No. 307, § 53; A.S.A. 1947, § 75-801; Acts 1995, No. 851, § 1.
Ark. Code Ann. § 27-3-101 — AR Code / Title 27 / Chapter 3 / Section 27-3-101
Title
Status: in_force

This chapter may be known and may be cited as the "Arkansas Public Transportation Coordination Act". Acts 1993, No. 353, § 1.

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

Acts 1993, No. 353, § 1.
Ark. Code Ann. § 27-67-316 — AR Code / Title 27 / Chapter 67 / Subchapter 3 / Section 27-67-316
Condemnation proceedings and judgment
Status: in_force

(a) It shall be the duty of the circuit court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation the Arkansas Department of Transportation shall pay. (b) The matter shall proceed and be determined as in other civil cases. (c) In all cases of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interest for all purposes. (d) Compensation shall be ascertained and awarded in the proceeding and established by judgment therein. (e) (1) Judgment shall include, as a part of the just compensation awarded, interest at the rate of six percent (6%) per annum on the amount finally awarded as the value of the property, from the date of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court. (2) No sum so paid into court shall be charged with commission or poundage. (f) All courts and juries in cases of condemnation of lands for rights-of-way for state highways shall take into consideration the fact that lands are required to be assessed at fifty percent (50%) of their true value and shall also take into consideration the fact that owners of automobiles and trucks living miles off a state highway pay the same gasoline and auto license tax as those being fortunate enough to own land adjoining a state highway. Any court or jury considering claims for right-of-way damages shall deduct from the value of any land taken for a right-of-way the benefits of the state highway to the remaining lands of the owner. (g) All suits involving the validity of subsection (f) of this section, or any portion thereof, shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree. Amended by Act 2017, No. 707,§ 400, eff. 8/1/2017. Acts 1929, No. 205, §§ 1, 3; Pope's Dig., §§ 6962, 6964; Acts 1953, No. 115, § 3; 1953, No. 419, § 2; A.S.A. 1947, §§ 76-512, 76-521, 76-533, 76-536.

(a) It shall be the duty of the circuit court to impanel a jury of twelve (12) persons, as in other civil cases, to ascertain the amount of compensation the Arkansas Department of Transportation shall pay.

(b) The matter shall proceed and be determined as in other civil cases.

(c) In all cases of infants or persons of unsound mind, when no legal representative or guardian appears in their behalf at the hearing, it shall be the duty of the court to appoint a guardian ad litem, who shall represent their interest for all purposes.

(d) Compensation shall be ascertained and awarded in the proceeding and established by judgment therein.

(e) (1) Judgment shall include, as a part of the just compensation awarded, interest at the rate of six percent (6%) per annum on the amount finally awarded as the value of the property, from the date of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court. (2) No sum so paid into court shall be charged with commission or poundage.

(1) Judgment shall include, as a part of the just compensation awarded, interest at the rate of six percent (6%) per annum on the amount finally awarded as the value of the property, from the date of the surrender of possession to the date of payment, but interest shall not be allowed on so much thereof as may have been paid into court.

(2) No sum so paid into court shall be charged with commission or poundage.

(f) All courts and juries in cases of condemnation of lands for rights-of-way for state highways shall take into consideration the fact that lands are required to be assessed at fifty percent (50%) of their true value and shall also take into consideration the fact that owners of automobiles and trucks living miles off a state highway pay the same gasoline and auto license tax as those being fortunate enough to own land adjoining a state highway. Any court or jury considering claims for right-of-way damages shall deduct from the value of any land taken for a right-of-way the benefits of the state highway to the remaining lands of the owner.

(g) All suits involving the validity of subsection (f) of this section, or any portion thereof, shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment, and appeals in such suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.

Amended by Act 2017, No. 707,§ 400, eff. 8/1/2017.

Acts 1929, No. 205, §§ 1, 3; Pope's Dig., §§ 6962, 6964; Acts 1953, No. 115, § 3; 1953, No. 419, § 2; A.S.A. 1947, §§ 76-512, 76-521, 76-533, 76-536.
Ark. Code Ann. § 27-50-307 — AR Code / Title 27 / Chapter 50 / Subchapter 3 / Section 27-50-307
Negligent homicide
Status: in_force

(a) When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle in reckless or wanton disregard of the safety of others, the person operating the vehicle shall be guilty of negligent homicide. (b) The Secretary of the Department of Finance and Administration shall revoke the operator's or chauffeur's license of any person convicted of negligent homicide under the provisions of this section. (c) The offense of negligent homicide shall be included in and be a lesser degree of the offense of involuntary manslaughter. Amended by Act 2019, No. 910,§ 4811, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 42, eff. 8/1/2017. Acts 1937, No. 300, § 48; Pope's Dig., § 6706; Acts 1955, No. 174, § 1; A.S.A. 1947, § 75-1001.

(a) When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle in reckless or wanton disregard of the safety of others, the person operating the vehicle shall be guilty of negligent homicide.

(b) The Secretary of the Department of Finance and Administration shall revoke the operator's or chauffeur's license of any person convicted of negligent homicide under the provisions of this section.

(c) The offense of negligent homicide shall be included in and be a lesser degree of the offense of involuntary manslaughter.

Amended by Act 2019, No. 910,§ 4811, eff. 7/1/2019.

Amended by Act 2017, No. 448,§ 42, eff. 8/1/2017.

Acts 1937, No. 300, § 48; Pope's Dig., § 6706; Acts 1955, No. 174, § 1; A.S.A. 1947, § 75-1001.
Ark. Code Ann. § 27-35-112 — AR Code / Title 27 / Chapter 35 / Subchapter 1 / Section 27-35-112
Towing vehicles licensed in other states
Status: in_force

(a) (1) A vehicle licensed in another state for use as a wrecker or similar towing vehicle may be used to tow an automobile or truck in this state only if: (A) The wrecker or similar towing vehicle licensed in another state is requested by the owner or operator of the vehicle to be towed; (B) The vehicle is not being towed as a result of a collision that occurred within this state; and (C) The vehicle is being towed: (i) In either direction across the border between Arkansas and a neighboring state; or (ii) Through Arkansas in transit to another state. (2) Subdivision (a)(1) of this section shall not apply to a vehicle used as a wrecker or similar towing vehicle if the vehicle: (A) Is licensed in an incorporated city or town in a state adjoining an Arkansas city or incorporated town that is divided by a state line; and (B) The city or town in the adjoining state is of greater population than the Arkansas city or town. (b) (1) The owner or operator of any wrecker or similar towing vehicle licensed in another state that is used to tow any automobile or truck in this state in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined at least one hundred dollars ($100) but not more than one thousand dollars ($1,000). (2) Each violation shall constitute a separate offense. (c) The Arkansas Towing and Recovery Board may promulgate rules for the enforcement of this section, including the imposition of civil penalties as set forth in § 27-50-1204 . Amended by Act 2019, No. 315,§ 3134, eff. 7/24/2019. Amended by Act 2017, No. 998,§ 1, eff. 8/1/2017. Acts 1979, No. 430, § 1, 2; A.S.A. 1947, §§ 75-806.1, 75-806.2; Acts 2007, No. 607, § 1.

(a) (1) A vehicle licensed in another state for use as a wrecker or similar towing vehicle may be used to tow an automobile or truck in this state only if: (A) The wrecker or similar towing vehicle licensed in another state is requested by the owner or operator of the vehicle to be towed; (B) The vehicle is not being towed as a result of a collision that occurred within this state; and (C) The vehicle is being towed: (i) In either direction across the border between Arkansas and a neighboring state; or (ii) Through Arkansas in transit to another state. (2) Subdivision (a)(1) of this section shall not apply to a vehicle used as a wrecker or similar towing vehicle if the vehicle: (A) Is licensed in an incorporated city or town in a state adjoining an Arkansas city or incorporated town that is divided by a state line; and (B) The city or town in the adjoining state is of greater population than the Arkansas city or town.

(1) A vehicle licensed in another state for use as a wrecker or similar towing vehicle may be used to tow an automobile or truck in this state only if: (A) The wrecker or similar towing vehicle licensed in another state is requested by the owner or operator of the vehicle to be towed; (B) The vehicle is not being towed as a result of a collision that occurred within this state; and (C) The vehicle is being towed: (i) In either direction across the border between Arkansas and a neighboring state; or (ii) Through Arkansas in transit to another state.

(A) The wrecker or similar towing vehicle licensed in another state is requested by the owner or operator of the vehicle to be towed;

(B) The vehicle is not being towed as a result of a collision that occurred within this state; and

(C) The vehicle is being towed: (i) In either direction across the border between Arkansas and a neighboring state; or (ii) Through Arkansas in transit to another state.

(i) In either direction across the border between Arkansas and a neighboring state; or

(ii) Through Arkansas in transit to another state.

(2) Subdivision (a)(1) of this section shall not apply to a vehicle used as a wrecker or similar towing vehicle if the vehicle: (A) Is licensed in an incorporated city or town in a state adjoining an Arkansas city or incorporated town that is divided by a state line; and (B) The city or town in the adjoining state is of greater population than the Arkansas city or town.

(A) Is licensed in an incorporated city or town in a state adjoining an Arkansas city or incorporated town that is divided by a state line; and

(B) The city or town in the adjoining state is of greater population than the Arkansas city or town.

(b) (1) The owner or operator of any wrecker or similar towing vehicle licensed in another state that is used to tow any automobile or truck in this state in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined at least one hundred dollars ($100) but not more than one thousand dollars ($1,000). (2) Each violation shall constitute a separate offense.

(1) The owner or operator of any wrecker or similar towing vehicle licensed in another state that is used to tow any automobile or truck in this state in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined at least one hundred dollars ($100) but not more than one thousand dollars ($1,000).

(2) Each violation shall constitute a separate offense.

(c) The Arkansas Towing and Recovery Board may promulgate rules for the enforcement of this section, including the imposition of civil penalties as set forth in § 27-50-1204 .

Amended by Act 2019, No. 315,§ 3134, eff. 7/24/2019.

Amended by Act 2017, No. 998,§ 1, eff. 8/1/2017.

Acts 1979, No. 430, § 1, 2; A.S.A. 1947, §§ 75-806.1, 75-806.2; Acts 2007, No. 607, § 1.
Ark. Code Ann. § 27-76-601 — AR Code / Title 27 / Chapter 76 / Subchapter 6 / Section 27-76-601
Financing generally
Status: in_force

(a) A regional mobility authority may be financed or supported by receiving the following: (1) If requested and adopted, revenue from the levy by a member county of a sales tax under § 26-74-201 et seq., § 26-74-301 et seq., and § 26-74-401 et seq. for the benefit of the regional mobility authority; (2) If requested and adopted, revenue from the levy by a member city of a sales tax under § 26-75-201 et seq. and § 26-75-301 et seq. for the benefit of the regional mobility authority; (3) Revenue from a motor vehicle tax imposed by a county that is a member of a regional mobility authority under § 26-78-101 et seq.; (4) (A) If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of a regional mobility authority by a county or city not to exceed one-half of one percent (0.5%). (B) A sales and use tax levied as described in this subdivision (a)(4) is in addition to any taxes levied under subdivisions (a)(1)-(3) of this section; (5) Proceeds from tolls from toll facility projects owned by the regional mobility authority; (6) Proceeds from charges and rates imposed on surface transportation systems owned by the regional mobility authority that are not toll facility projects; (7) Proceeds from the sale of bonds; (8) State turnback funds received from counties that are members of the regional mobility authority and cities that are within the boundaries of a regional mobility authority, under §§ 27-70-206 and 27-70-207 ; (9) Other state funding that is appropriated; or (10) Other funds from a state agency. (b) Taxes and tolls imposed under subdivisions (a)(1)-(5) of this section shall be approved by voters pursuant to all applicable election laws. (c) (1) A regional mobility authority shall not use revenue from a transportation project in a manner that is not authorized by this chapter or other law. (2) Except as provided by this chapter, revenue derived from a transportation project shall not be applied for a purpose or to pay a cost other than a cost or purpose that is reasonably related to or anticipated to be for the benefit of a transportation project. Amended by Act 2013, No. 497,§ 5, eff. 8/16/2013. Acts 2007, No. 389, § 1.

(a) A regional mobility authority may be financed or supported by receiving the following: (1) If requested and adopted, revenue from the levy by a member county of a sales tax under § 26-74-201 et seq., § 26-74-301 et seq., and § 26-74-401 et seq. for the benefit of the regional mobility authority; (2) If requested and adopted, revenue from the levy by a member city of a sales tax under § 26-75-201 et seq. and § 26-75-301 et seq. for the benefit of the regional mobility authority; (3) Revenue from a motor vehicle tax imposed by a county that is a member of a regional mobility authority under § 26-78-101 et seq.; (4) (A) If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of a regional mobility authority by a county or city not to exceed one-half of one percent (0.5%). (B) A sales and use tax levied as described in this subdivision (a)(4) is in addition to any taxes levied under subdivisions (a)(1)-(3) of this section; (5) Proceeds from tolls from toll facility projects owned by the regional mobility authority; (6) Proceeds from charges and rates imposed on surface transportation systems owned by the regional mobility authority that are not toll facility projects; (7) Proceeds from the sale of bonds; (8) State turnback funds received from counties that are members of the regional mobility authority and cities that are within the boundaries of a regional mobility authority, under §§ 27-70-206 and 27-70-207 ; (9) Other state funding that is appropriated; or (10) Other funds from a state agency.

(1) If requested and adopted, revenue from the levy by a member county of a sales tax under § 26-74-201 et seq., § 26-74-301 et seq., and § 26-74-401 et seq. for the benefit of the regional mobility authority;

(2) If requested and adopted, revenue from the levy by a member city of a sales tax under § 26-75-201 et seq. and § 26-75-301 et seq. for the benefit of the regional mobility authority;

(3) Revenue from a motor vehicle tax imposed by a county that is a member of a regional mobility authority under § 26-78-101 et seq.;

(4) (A) If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of a regional mobility authority by a county or city not to exceed one-half of one percent (0.5%). (B) A sales and use tax levied as described in this subdivision (a)(4) is in addition to any taxes levied under subdivisions (a)(1)-(3) of this section;

(A) If authorized by law, requested, and adopted, revenue from the levy of an additional sales and use tax for the benefit of a regional mobility authority by a county or city not to exceed one-half of one percent (0.5%).

(B) A sales and use tax levied as described in this subdivision (a)(4) is in addition to any taxes levied under subdivisions (a)(1)-(3) of this section;

(5) Proceeds from tolls from toll facility projects owned by the regional mobility authority;

(6) Proceeds from charges and rates imposed on surface transportation systems owned by the regional mobility authority that are not toll facility projects;

(7) Proceeds from the sale of bonds;

(8) State turnback funds received from counties that are members of the regional mobility authority and cities that are within the boundaries of a regional mobility authority, under §§ 27-70-206 and 27-70-207 ;

(9) Other state funding that is appropriated; or

(10) Other funds from a state agency.

(b) Taxes and tolls imposed under subdivisions (a)(1)-(5) of this section shall be approved by voters pursuant to all applicable election laws.

(c) (1) A regional mobility authority shall not use revenue from a transportation project in a manner that is not authorized by this chapter or other law. (2) Except as provided by this chapter, revenue derived from a transportation project shall not be applied for a purpose or to pay a cost other than a cost or purpose that is reasonably related to or anticipated to be for the benefit of a transportation project.

(1) A regional mobility authority shall not use revenue from a transportation project in a manner that is not authorized by this chapter or other law.

(2) Except as provided by this chapter, revenue derived from a transportation project shall not be applied for a purpose or to pay a cost other than a cost or purpose that is reasonably related to or anticipated to be for the benefit of a transportation project.

Amended by Act 2013, No. 497,§ 5, eff. 8/16/2013.

Acts 2007, No. 389, § 1.
Ark. Code Ann. § 27-24-304 — AR Code / Title 27 / Chapter 24 / Subchapter 3 / Section 27-24-304
Application for cities and incorporated towns
Status: in_force

(a) A mayor of a city or incorporated town in the state may apply for special license plates under this subchapter. (b) An application submitted under this section shall include the following: (1) The payment of a sum of one dollar ($1.00) for each motor vehicle to be licensed; and (2) An affidavit by the following that states that the motor vehicle to which the special license plate shall be attached is the property of the city or incorporated town and used exclusively for the business of the city or incorporated town: (A) The mayor; and (B) The city clerk. (c) A motor vehicle that is leased by a city or incorporated town for a period of twelve (12) months or more qualifies as property of the city or incorporated town under subdivision (b)(2) of this section and may display a special license plate. Amended by Act 2023, No. 210,§ 2, eff. 8/1/2023. Acts 2005, No. 2202, § 1.

(a) A mayor of a city or incorporated town in the state may apply for special license plates under this subchapter.

(b) An application submitted under this section shall include the following: (1) The payment of a sum of one dollar ($1.00) for each motor vehicle to be licensed; and (2) An affidavit by the following that states that the motor vehicle to which the special license plate shall be attached is the property of the city or incorporated town and used exclusively for the business of the city or incorporated town: (A) The mayor; and (B) The city clerk.

(1) The payment of a sum of one dollar ($1.00) for each motor vehicle to be licensed; and

(2) An affidavit by the following that states that the motor vehicle to which the special license plate shall be attached is the property of the city or incorporated town and used exclusively for the business of the city or incorporated town: (A) The mayor; and (B) The city clerk.

(A) The mayor; and

(B) The city clerk.

(c) A motor vehicle that is leased by a city or incorporated town for a period of twelve (12) months or more qualifies as property of the city or incorporated town under subdivision (b)(2) of this section and may display a special license plate.

Amended by Act 2023, No. 210,§ 2, eff. 8/1/2023.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-16-506 — AR Code / Title 27 / Chapter 16 / Subchapter 5 / Section 27-16-506
Notice of change of address or name
Status: in_force

(a) Whenever any person after applying for or receiving a driver's license shall move from the address named in the application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, the person shall within ten (10) days thereafter notify the Office of Driver Services in writing of his or her old and new addresses or of his or her former and new names and of the number of any license then held by him or her. (b) An application submitted by a licensee to change the licensee's name on the licensee's driver's license must be accompanied by the original or a certified copy of one (1) of the following official documents that provides evidence of the change of the licensee's name: (1) A recorded marriage license; (2) A court order; (3) A divorce decree; or (4) Any other document, including a document issued by the United States Department of Homeland Security, that is deemed to be satisfactory by the Office of Driver Services as evidence that the name change is in accordance with state and federal laws. Acts 1937, No. 280, § 23; Pope's Dig., § 6847; A.S.A. 1947, § 75-327; Acts 1993, No. 445, § 9; 1999, No. 1077, § 2; 2007, No. 492, § 1.

(a) Whenever any person after applying for or receiving a driver's license shall move from the address named in the application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, the person shall within ten (10) days thereafter notify the Office of Driver Services in writing of his or her old and new addresses or of his or her former and new names and of the number of any license then held by him or her.

(b) An application submitted by a licensee to change the licensee's name on the licensee's driver's license must be accompanied by the original or a certified copy of one (1) of the following official documents that provides evidence of the change of the licensee's name: (1) A recorded marriage license; (2) A court order; (3) A divorce decree; or (4) Any other document, including a document issued by the United States Department of Homeland Security, that is deemed to be satisfactory by the Office of Driver Services as evidence that the name change is in accordance with state and federal laws.

(1) A recorded marriage license;

(2) A court order;

(3) A divorce decree; or

(4) Any other document, including a document issued by the United States Department of Homeland Security, that is deemed to be satisfactory by the Office of Driver Services as evidence that the name change is in accordance with state and federal laws.

Acts 1937, No. 280, § 23; Pope's Dig., § 6847; A.S.A. 1947, § 75-327; Acts 1993, No. 445, § 9; 1999, No. 1077, § 2; 2007, No. 492, § 1.
Ark. Code Ann. § 27-16-1103 — AR Code / Title 27 / Chapter 16 / Subchapter 11 / Section 27-16-1103
Time limit for requirements to be met
Status: in_force

(a) The Office of Driver Services shall implement the changes required by this subchapter for all new driver's licenses issued or renewed on or after January 31, 2006. (b) (1) Except as provided under subdivision (b)(2) of this section and subsection (d) of this section, beginning four (4) years after August 12, 2005, a state agency may not accept for any purpose a driver's license or identification card that was not issued under the requirements of this subchapter. (2) The limitation under subdivision (b)(1) of this section and other limitations under this subchapter shall not apply to members of the United States Armed Forces or their dependents under § 27-16-807 , § 27-16-902 , or other law. (c) On or before January 31, 2006, the Office of Driver Services shall obtain certification that it is in compliance with any and all federal laws regarding driver's license security and modernization. (d) The Department of Human Services may accept a driver's license or identification card that was not issued under the requirements of this subchapter for the sole purpose of establishing the identity of an individual applying for or receiving food stamps when no other documentary evidence is readily available for that purpose. Acts 2005, No. 2210, § 1.

(a) The Office of Driver Services shall implement the changes required by this subchapter for all new driver's licenses issued or renewed on or after January 31, 2006.

(b) (1) Except as provided under subdivision (b)(2) of this section and subsection (d) of this section, beginning four (4) years after August 12, 2005, a state agency may not accept for any purpose a driver's license or identification card that was not issued under the requirements of this subchapter. (2) The limitation under subdivision (b)(1) of this section and other limitations under this subchapter shall not apply to members of the United States Armed Forces or their dependents under § 27-16-807 , § 27-16-902 , or other law.

(1) Except as provided under subdivision (b)(2) of this section and subsection (d) of this section, beginning four (4) years after August 12, 2005, a state agency may not accept for any purpose a driver's license or identification card that was not issued under the requirements of this subchapter.

(2) The limitation under subdivision (b)(1) of this section and other limitations under this subchapter shall not apply to members of the United States Armed Forces or their dependents under § 27-16-807 , § 27-16-902 , or other law.

(c) On or before January 31, 2006, the Office of Driver Services shall obtain certification that it is in compliance with any and all federal laws regarding driver's license security and modernization.

(d) The Department of Human Services may accept a driver's license or identification card that was not issued under the requirements of this subchapter for the sole purpose of establishing the identity of an individual applying for or receiving food stamps when no other documentary evidence is readily available for that purpose.

Acts 2005, No. 2210, § 1.
Ark. Code Ann. § 27-33-101 — AR Code / Title 27 / Chapter 33 / Section 27-33-101
Adoption of compact
Status: in_force

The Vehicle Equipment Safety Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: VEHICLE EQUIPMENT SAFETY COMPACT ARTICLE I Findings and Purposes (a) The party states find that: (1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare. (2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations, and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles. (b) The purposes of this compact are to: (1) Promote uniformity in regulation of and standards for equipment. (2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety. (3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article. (c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements. ARTICLE II Definitions As used in the compact: (a) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (b) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (c) "Equipment" means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants. ARTICLE III The Commission (a) There is hereby created an agency of the party states to be known as the "Vehicle Equipment Safety Commission" hereinafter called the commission. The commission shall be composed of one (1) commissioner from each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the state which he or she represents. If authorized by the laws of his or her party state, a commissioner may provide for the discharge of his or her duties and the performance of his or her functions on the commission, either for the duration of his or her membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission. (b) The commissioners shall be entitled to one (1) vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present. (c) The commission shall have a seal. (d) The commission shall elect annually from among its members, a chairman, a vice chairman, and a treasurer. The commission may appoint an executive director and fix his or her duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision. (e) Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel. (f) The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for Social Security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. (g) The commission may borrow, accept, or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions. (h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize, and dispose of the same. (i) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein. (j) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide. (k) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable. ARTICLE IV Research and Testing The commission shall have power to: (a) Collect, correlate, analyze, and evaluate information resulting or derivable from research and testing activities in equipment and related fields. (b) Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken. (c) Contract for such equipment research and testing as one (1) or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing. (d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations, or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems. ARTICLE V Vehicular Equipment (a) In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission, upon due notice, shall hold a hearing or hearings at such place or places as it may determine. (b) Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations, or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact. (c) Each party state obligates itself to give due consideration to any and all rules, regulations, and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment. (d) The commission shall send prompt notice of its action in issuing any rule, regulation, or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation, or code. (e) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation, or code. In such event, the commissioner of such party state shall submit any commission rule, regulation, or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state. (f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall, in accordance with its constitution or procedural laws adopt the rule, regulation, or code within six (6) months of the sending of the notice, and, upon such adoption, the rule, regulation, or code shall have the force and effect of law therein. (g) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation, or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation, or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision. ARTICLE VI Finance (a) The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof. (b) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third (1/3) in equal shares and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations. (c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission. (e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission. (f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission. ARTICLE VII Conflict of Interest (a) The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale, or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigation, or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment, or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership or relinquishing of status as a member of the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission. (b) Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his or her control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities. ARTICLE VIII Advisory and Technical Committees The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities. ARTICLE IX Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any six (6) or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. ARTICLE X Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. Acts 1965, No. 5, § 1; A.S.A. 1947, § 75-2001.

The Vehicle Equipment Safety Compact is enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

VEHICLE EQUIPMENT SAFETY COMPACT

ARTICLE I Findings and Purposes (a) The party states find that: (1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare. (2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations, and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles. (b) The purposes of this compact are to: (1) Promote uniformity in regulation of and standards for equipment. (2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety. (3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article. (c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

(a) The party states find that: (1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare. (2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations, and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.

(1) Accidents and deaths on their streets and highways present a very serious human and economic problem with a major deleterious effect on the public welfare.

(2) There is a vital need for the development of greater interjurisdictional cooperation to achieve the necessary uniformity in the laws, rules, regulations, and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.

(b) The purposes of this compact are to: (1) Promote uniformity in regulation of and standards for equipment. (2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety. (3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.

(1) Promote uniformity in regulation of and standards for equipment.

(2) Secure uniformity of law and administrative practice in vehicular regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.

(3) To provide means for the encouragement and utilization of research which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.

(c) It is the intent of this compact to emphasize performance requirements and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.

ARTICLE II Definitions As used in the compact: (a) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. (b) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (c) "Equipment" means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

As used in the compact:

(a) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(b) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(c) "Equipment" means any part of a vehicle or any accessory for use thereon which affects the safety of operation of such vehicle or the safety of the occupants.

ARTICLE III The Commission (a) There is hereby created an agency of the party states to be known as the "Vehicle Equipment Safety Commission" hereinafter called the commission. The commission shall be composed of one (1) commissioner from each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the state which he or she represents. If authorized by the laws of his or her party state, a commissioner may provide for the discharge of his or her duties and the performance of his or her functions on the commission, either for the duration of his or her membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission. (b) The commissioners shall be entitled to one (1) vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present. (c) The commission shall have a seal. (d) The commission shall elect annually from among its members, a chairman, a vice chairman, and a treasurer. The commission may appoint an executive director and fix his or her duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision. (e) Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel. (f) The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for Social Security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate. (g) The commission may borrow, accept, or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions. (h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize, and dispose of the same. (i) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein. (j) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide. (k) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

(a) There is hereby created an agency of the party states to be known as the "Vehicle Equipment Safety Commission" hereinafter called the commission. The commission shall be composed of one (1) commissioner from each party state who shall be appointed, serve, and be subject to removal in accordance with the laws of the state which he or she represents. If authorized by the laws of his or her party state, a commissioner may provide for the discharge of his or her duties and the performance of his or her functions on the commission, either for the duration of his or her membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his or her identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.

(b) The commissioners shall be entitled to one (1) vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.

(c) The commission shall have a seal.

(d) The commission shall elect annually from among its members, a chairman, a vice chairman, and a treasurer. The commission may appoint an executive director and fix his or her duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.

(e) Irrespective of the civil service, personnel, or other merit system laws of any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove, or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.

(f) The commission may establish and maintain independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for Social Security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

(g) The commission may borrow, accept, or contract for the services of personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.

(h) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize, and dispose of the same.

(i) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.

(j) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.

(k) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.

ARTICLE IV Research and Testing The commission shall have power to: (a) Collect, correlate, analyze, and evaluate information resulting or derivable from research and testing activities in equipment and related fields. (b) Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken. (c) Contract for such equipment research and testing as one (1) or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing. (d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations, or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.

The commission shall have power to:

(a) Collect, correlate, analyze, and evaluate information resulting or derivable from research and testing activities in equipment and related fields.

(b) Recommend and encourage the undertaking of research and testing in any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.

(c) Contract for such equipment research and testing as one (1) or more governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.

(d) Recommend to the party states changes in law or policy with emphasis on uniformity of laws and administrative rules, regulations, or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.

ARTICLE V Vehicular Equipment (a) In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission, upon due notice, shall hold a hearing or hearings at such place or places as it may determine. (b) Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations, or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact. (c) Each party state obligates itself to give due consideration to any and all rules, regulations, and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment. (d) The commission shall send prompt notice of its action in issuing any rule, regulation, or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation, or code. (e) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation, or code. In such event, the commissioner of such party state shall submit any commission rule, regulation, or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state. (f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall, in accordance with its constitution or procedural laws adopt the rule, regulation, or code within six (6) months of the sending of the notice, and, upon such adoption, the rule, regulation, or code shall have the force and effect of law therein. (g) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation, or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation, or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.

(a) In the interest of vehicular and public safety, the commission may study the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission, upon due notice, shall hold a hearing or hearings at such place or places as it may determine.

(b) Following the hearing or hearings provided for in subdivision (a) of this article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations, or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.

(c) Each party state obligates itself to give due consideration to any and all rules, regulations, and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.

(d) The commission shall send prompt notice of its action in issuing any rule, regulation, or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation, or code.

(e) If the constitution of a party state requires, or if its statutes provide, the approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation, or code. In such event, the commissioner of such party state shall submit any commission rule, regulation, or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.

(f) Except as otherwise specifically provided in or pursuant to subdivisions (e) and (g) of this article, the appropriate motor vehicle agency of a party state shall, in accordance with its constitution or procedural laws adopt the rule, regulation, or code within six (6) months of the sending of the notice, and, upon such adoption, the rule, regulation, or code shall have the force and effect of law therein.

(g) The appropriate motor vehicle agency of a party state may decline to adopt a rule, regulation, or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation, or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.

ARTICLE VI Finance (a) The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof. (b) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third (1/3) in equal shares and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations. (c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission. (e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission. (f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

(a) The commission shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.

(b) Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: one-third (1/3) in equal shares and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment, present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.

(c) The commission shall not pledge the credit of any party state. The commission may meet any of its obligations in whole or in part with funds available to it under Article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under Article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.

(d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.

(e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.

(f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.

ARTICLE VII Conflict of Interest (a) The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale, or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigation, or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment, or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership or relinquishing of status as a member of the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission. (b) Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his or her control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.

(a) The commission shall adopt rules and regulations with respect to conflict of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale, or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigation, or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment, or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership or relinquishing of status as a member of the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.

(b) Nothing contained in this article shall be deemed to prevent a contractor for the commission from using any facilities subject to his or her control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.

ARTICLE VIII Advisory and Technical Committees The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

The commission may establish such advisory and technical committees as it may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.

ARTICLE IX Entry Into Force and Withdrawal (a) This compact shall enter into force when enacted into law by any six (6) or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(a) This compact shall enter into force when enacted into law by any six (6) or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

ARTICLE X Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

Acts 1965, No. 5, § 1; A.S.A. 1947, § 75-2001.
Ark. Code Ann. § 27-14-412 — AR Code / Title 27 / Chapter 14 / Subchapter 4 / Section 27-14-412
Records
Status: in_force

(a) (1) All records of the Office of Motor Vehicle, other than those declared by law to be confidential for the use of the Office of Motor Vehicle, shall be open to public inspection during office hours. (2) The use of lists or other aggregations of compilations of motor vehicle registration information is restricted to safety recall notification programs involving motor vehicles and motor vehicle equipment, other federal and state agency programs, research and statistics involving motor vehicles in which individual identities are not published, disclosed, or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015. (3) Motor vehicle registration information shall not be sold, furnished, or used for solicitation purposes. (b) (1) The Secretary of the Department of Finance and Administration and such officers of the Office of Motor Vehicle as the secretary may designate are authorized to prepare under the seal of the Office of Motor Vehicle and deliver upon request a certified copy of any record of the Office of Motor Vehicle or a noncertified electronic copy of any record of the Office of Motor Vehicle. (2) A fee of one dollar ($1.00) shall be charged for each certified record authenticated. (3) Every certified copy shall be admissible in any proceeding in any court in like manner as the original. (4) (A) A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions: (i) An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and (ii) An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law. (B) A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records. (c) The secretary may destroy any records of the Office of Motor Vehicle that have been maintained on file for five (5) years that the secretary considers obsolete and of no further service in carrying out the powers and duties of the Office of Motor Vehicle. (d) All fees collected under this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration. (e) The secretary is the official custodian of records of the Office of Motor Vehicle. Amended by Act 2021, No. 732,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 4499, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4498, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 569,§ 1, eff. 7/22/2015. Acts 1949, No. 142, §§ 23, 24; A.S.A. 1947, §§ 75-123, 75-124; Acts 1987, No. 371, § 1.

(a) (1) All records of the Office of Motor Vehicle, other than those declared by law to be confidential for the use of the Office of Motor Vehicle, shall be open to public inspection during office hours. (2) The use of lists or other aggregations of compilations of motor vehicle registration information is restricted to safety recall notification programs involving motor vehicles and motor vehicle equipment, other federal and state agency programs, research and statistics involving motor vehicles in which individual identities are not published, disclosed, or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015. (3) Motor vehicle registration information shall not be sold, furnished, or used for solicitation purposes.

(1) All records of the Office of Motor Vehicle, other than those declared by law to be confidential for the use of the Office of Motor Vehicle, shall be open to public inspection during office hours.

(2) The use of lists or other aggregations of compilations of motor vehicle registration information is restricted to safety recall notification programs involving motor vehicles and motor vehicle equipment, other federal and state agency programs, research and statistics involving motor vehicles in which individual identities are not published, disclosed, or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015.

(3) Motor vehicle registration information shall not be sold, furnished, or used for solicitation purposes.

(b) (1) The Secretary of the Department of Finance and Administration and such officers of the Office of Motor Vehicle as the secretary may designate are authorized to prepare under the seal of the Office of Motor Vehicle and deliver upon request a certified copy of any record of the Office of Motor Vehicle or a noncertified electronic copy of any record of the Office of Motor Vehicle. (2) A fee of one dollar ($1.00) shall be charged for each certified record authenticated. (3) Every certified copy shall be admissible in any proceeding in any court in like manner as the original. (4) (A) A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions: (i) An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and (ii) An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law. (B) A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records.

(1) The Secretary of the Department of Finance and Administration and such officers of the Office of Motor Vehicle as the secretary may designate are authorized to prepare under the seal of the Office of Motor Vehicle and deliver upon request a certified copy of any record of the Office of Motor Vehicle or a noncertified electronic copy of any record of the Office of Motor Vehicle.

(2) A fee of one dollar ($1.00) shall be charged for each certified record authenticated.

(3) Every certified copy shall be admissible in any proceeding in any court in like manner as the original.

(4) (A) A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions: (i) An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and (ii) An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law. (B) A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records.

(A) A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions: (i) An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and (ii) An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law.

(i) An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and

(ii) An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law.

(B) A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records.

(c) The secretary may destroy any records of the Office of Motor Vehicle that have been maintained on file for five (5) years that the secretary considers obsolete and of no further service in carrying out the powers and duties of the Office of Motor Vehicle.

(d) All fees collected under this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.

(e) The secretary is the official custodian of records of the Office of Motor Vehicle.

Amended by Act 2021, No. 732,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 4499, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4498, eff. 7/1/2019.

Amended by Act 2017, No. 448,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 569,§ 1, eff. 7/22/2015.

Acts 1949, No. 142, §§ 23, 24; A.S.A. 1947, §§ 75-123, 75-124; Acts 1987, No. 371, § 1.
Ark. Code Ann. § 27-50-912 — AR Code / Title 27 / Chapter 50 / Subchapter 9 / Section 27-50-912
Driver monitoring program - Reports - Definitions
Status: in_force

(a) As used in this section: (1) "Driver monitoring report" means a report issued by the Office of Driver Services to an insurer, under a written agreement between the Office of Driver Services and the insurer, that indicates whether a driver has had a traffic violation or accident during the previous month; and (2) "Insurer" means: (A) An insurance company licensed to do business in this state; or (B) The authorized agent of an insurance company licensed to do business in this state. (b) The Office of Driver Services shall establish a driver monitoring program to monitor and report the driving records of individuals at the request of an insurer. (c) The Office of Driver Services may enter into a written agreement with an insurer to monitor the driver record of persons holding an Arkansas driver's license and provide a monthly driver monitoring report for each insured or driver monitored. The Office of Driver Services may cancel this agreement at any time. (d) The driver monitoring report shall: (1) Indicate whether a violation is posted to the official driver record during the previous month; (2) Not identify the specific violation or violations posted on the driver record; and (3) Be used by an insurer solely to evaluate the driving record of current policyholders for reunderwriting purposes. (e) The Office of Driver Services is not required to provide the notice and information required by § 27-50-906(a)(1)(G)(ii) [repealed] when issuing a driver monitoring report. (f) (1) The Office of Driver Services may charge a monthly fee of not less than twelve cents (12¢) and not more than nineteen cents (19¢) for each insured monitored. (2) The Office of Driver Services shall authorize that one cent (1¢) of the revenues from subdivision (f)(1) of this section shall be special revenues and deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq. (3) The remaining revenues derived from subdivision (f)(1) of this section shall be deposited into the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration. (4) The Information Network of Arkansas may charge insurers or their agents an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for transmitting a driver monitoring report electronically. (g) The insurer is required to purchase a driving record pursuant to § 27-23-117(3) for any monitored insured or driver when the driver monitoring report indicates a violation has been posted to the driver's record during the previous month. Added by Act 2015, No. 702,§ 6, eff. 1/1/2016.

(a) As used in this section: (1) "Driver monitoring report" means a report issued by the Office of Driver Services to an insurer, under a written agreement between the Office of Driver Services and the insurer, that indicates whether a driver has had a traffic violation or accident during the previous month; and (2) "Insurer" means: (A) An insurance company licensed to do business in this state; or (B) The authorized agent of an insurance company licensed to do business in this state.

(1) "Driver monitoring report" means a report issued by the Office of Driver Services to an insurer, under a written agreement between the Office of Driver Services and the insurer, that indicates whether a driver has had a traffic violation or accident during the previous month; and

(2) "Insurer" means: (A) An insurance company licensed to do business in this state; or (B) The authorized agent of an insurance company licensed to do business in this state.

(A) An insurance company licensed to do business in this state; or

(B) The authorized agent of an insurance company licensed to do business in this state.

(b) The Office of Driver Services shall establish a driver monitoring program to monitor and report the driving records of individuals at the request of an insurer.

(c) The Office of Driver Services may enter into a written agreement with an insurer to monitor the driver record of persons holding an Arkansas driver's license and provide a monthly driver monitoring report for each insured or driver monitored. The Office of Driver Services may cancel this agreement at any time.

(d) The driver monitoring report shall: (1) Indicate whether a violation is posted to the official driver record during the previous month; (2) Not identify the specific violation or violations posted on the driver record; and (3) Be used by an insurer solely to evaluate the driving record of current policyholders for reunderwriting purposes.

(1) Indicate whether a violation is posted to the official driver record during the previous month;

(2) Not identify the specific violation or violations posted on the driver record; and

(3) Be used by an insurer solely to evaluate the driving record of current policyholders for reunderwriting purposes.

(e) The Office of Driver Services is not required to provide the notice and information required by § 27-50-906(a)(1)(G)(ii) [repealed] when issuing a driver monitoring report.

(f) (1) The Office of Driver Services may charge a monthly fee of not less than twelve cents (12¢) and not more than nineteen cents (19¢) for each insured monitored. (2) The Office of Driver Services shall authorize that one cent (1¢) of the revenues from subdivision (f)(1) of this section shall be special revenues and deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq. (3) The remaining revenues derived from subdivision (f)(1) of this section shall be deposited into the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration. (4) The Information Network of Arkansas may charge insurers or their agents an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for transmitting a driver monitoring report electronically.

(1) The Office of Driver Services may charge a monthly fee of not less than twelve cents (12¢) and not more than nineteen cents (19¢) for each insured monitored.

(2) The Office of Driver Services shall authorize that one cent (1¢) of the revenues from subdivision (f)(1) of this section shall be special revenues and deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.

(3) The remaining revenues derived from subdivision (f)(1) of this section shall be deposited into the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration.

(4) The Information Network of Arkansas may charge insurers or their agents an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for transmitting a driver monitoring report electronically.

(g) The insurer is required to purchase a driving record pursuant to § 27-23-117(3) for any monitored insured or driver when the driver monitoring report indicates a violation has been posted to the driver's record during the previous month.

Added by Act 2015, No. 702,§ 6, eff. 1/1/2016.
Ark. Code Ann. § 27-51-304 — AR Code / Title 27 / Chapter 51 / Subchapter 3 / Section 27-51-304
One-way roadways and rotary traffic islands
Status: in_force

(a) Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated. (b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island. Acts 1937, No. 300, § 61; Pope's Dig., § 6719; A.S.A. 1947, § 75-612.

(a) Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.

(b) A vehicle passing around a rotary traffic island shall be driven only to the right of such island.

Acts 1937, No. 300, § 61; Pope's Dig., § 6719; A.S.A. 1947, § 75-612.
Ark. Code Ann. § 27-67-228 — AR Code / Title 27 / Chapter 67 / Subchapter 2 / Section 27-67-228
Construction project information signs - Definitions
Status: in_force

(a) As used in this section: (1) "Construction project information sign" means temporary signs placed at the beginning and end of a public road construction project informing motorists of the: (A) Public road construction project start date and estimated date of completion; and (B) Job number assigned to the public road construction project; and (2) "Public road construction project" means the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, or right-of-way in which the construction, restoration, reconstruction, renovation, or repair is to be performed or is initiated by the Arkansas Department of Transportation or the State Highway Commission. (b) The department shall erect appropriate construction project information signs: (1) At least thirty (30) days before the first day of the public road construction project start date; (2) For each public road construction project of ten million dollars ($10,000,000) or more; and (3) In accordance with the rules governing informational signs placed on the highway by the department. (c) The department, using the job number listed on the construction project information sign erected under subsection (b) of this section, shall post on the department's website specific public road construction project details, including without limitation the: (1) Start date and estimated date of completion; (2) Total cost of the contract awarded; (3) Name of each contractor performing the public road construction project; and (4) The number of days the contractor is ahead of or behind schedule. (d) The department may promulgate rules for the administration and implementation of this section. Added by Act 2017, No. 1070,§ 2, eff. 8/1/2017.

(a) As used in this section: (1) "Construction project information sign" means temporary signs placed at the beginning and end of a public road construction project informing motorists of the: (A) Public road construction project start date and estimated date of completion; and (B) Job number assigned to the public road construction project; and (2) "Public road construction project" means the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, or right-of-way in which the construction, restoration, reconstruction, renovation, or repair is to be performed or is initiated by the Arkansas Department of Transportation or the State Highway Commission.

(1) "Construction project information sign" means temporary signs placed at the beginning and end of a public road construction project informing motorists of the: (A) Public road construction project start date and estimated date of completion; and (B) Job number assigned to the public road construction project; and

(A) Public road construction project start date and estimated date of completion; and

(B) Job number assigned to the public road construction project; and

(2) "Public road construction project" means the construction, restoration, reconstruction, renovation, or repair of a road, highway, bridge, overpass, interchange, or right-of-way in which the construction, restoration, reconstruction, renovation, or repair is to be performed or is initiated by the Arkansas Department of Transportation or the State Highway Commission.

(b) The department shall erect appropriate construction project information signs: (1) At least thirty (30) days before the first day of the public road construction project start date; (2) For each public road construction project of ten million dollars ($10,000,000) or more; and (3) In accordance with the rules governing informational signs placed on the highway by the department.

(1) At least thirty (30) days before the first day of the public road construction project start date;

(2) For each public road construction project of ten million dollars ($10,000,000) or more; and

(3) In accordance with the rules governing informational signs placed on the highway by the department.

(c) The department, using the job number listed on the construction project information sign erected under subsection (b) of this section, shall post on the department's website specific public road construction project details, including without limitation the: (1) Start date and estimated date of completion; (2) Total cost of the contract awarded; (3) Name of each contractor performing the public road construction project; and (4) The number of days the contractor is ahead of or behind schedule.

(1) Start date and estimated date of completion;

(2) Total cost of the contract awarded;

(3) Name of each contractor performing the public road construction project; and

(4) The number of days the contractor is ahead of or behind schedule.

(d) The department may promulgate rules for the administration and implementation of this section.

Added by Act 2017, No. 1070,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 27-50-408 — AR Code / Title 27 / Chapter 50 / Subchapter 4 / Section 27-50-408
Fines for moving traffic violations in a highway work zone - Definitions
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Construction personnel" means employees of the Arkansas Department of Transportation or the counties or the municipalities of this state or any contractors of the State Highway Commission or the counties or municipalities; (2) "Conviction" means a formal declaration that a person is guilty of a violation of law determined when a person charged with a violation of law pleads guilty or nolo contendere, is found guilty, or forfeits a bond in lieu of a plea or trial; and (3) "Highway work zone" means any area upon or adjacent to any highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress by employees of the department, the counties or the municipalities of this state, or any contractors of the commission or the counties or municipalities. (b) (1) (A) (i) In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone. (ii) Equivalent additional court costs pursuant to § 16-10-305 shall not be assessed. (B) Any bond posted pursuant to a charge of committing any moving traffic violation while in a highway work zone in this state shall include the additional equivalent fine in the amount of the bond otherwise required. (2) (A) All fines collected by the county or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts, district courts, or city courts of this state as a result of this section shall be paid by the collecting official to the county treasurer or town or city treasurer pursuant to law. (B) All such amounts collected in circuit court shall be remitted to the county treasurer. (C) All amounts collected pursuant to subdivision (b)(2)(A) of this section in district court shall be paid to the county or city treasurer pursuant to § 16-17-707 . (D) All amounts collected pursuant to subdivision (b)(2)(A) of this section in city court shall be paid to the treasurer of the town or city in which the city court is located. (E) Amounts received by the county treasurer may be used for general county purposes, and amounts received by the city treasurer may be used for general city purposes. (c) (1) The additional fines and penalties shall not be assessed unless signs, either permanent or temporary, were present at the time of the violation in advance of the highway work zone warning the traveling public that fines are double in highway work zones. (2) The signs shall be located no greater than one (1) mile nor less than one thousand five hundred feet (1,500') in advance of the highway work zone. (3) Furthermore, the additional fines or penalties for speeding shall not be assessed unless signs, either permanent or temporary, are posted in advance of the highway work zone indicating the maximum speed limit to be obeyed while traveling through the highway work zone. (4) (A) All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices. (B) The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the department in order that the signs shall be uniform throughout the state. (C) The department is authorized to develop guidelines for the counties and municipalities to achieve uniformity. (d) Nothing contained in this section shall be construed to abrogate any of the provisions of § 12-8-106 regarding the powers of the Division of Arkansas State Police. (e) For purposes of this section, "moving traffic violation" shall include, but not be limited to: (1) Careless or prohibited driving; (2) Driving while intoxicated; (3) Underage driving under the influence; (4) Refusal to submit; (5) Leaving the scene of an accident; (6) Driving with lights off; (7) Driving on an expired, suspended, or revoked license; (8) Improper use of lighting equipment; (9) Failure to obey traffic control devices and signs; (10) Failure to operate a vehicle in accordance with the rules of the road; (11) Failure to stop and render aid; (12) Following too closely; (13) Driving the wrong way on a one-way street; (14) Hazardous driving; (15) Impeding the flow of traffic; (16) Improper backing; (17) Improper lane change; (18) Improper entrance or exit to avoid an intersection; (19) Improper towing; (20) Improper turning; (21) Passing a stopped school bus; (22) Racing on the highway; (23) Reckless driving; and (24) Exceeding the speed limit. Amended by Act 2017, No. 707,§ 344, eff. 8/1/2017. Acts 1995, No. 893, §§ 1-4; 2001, No. 1120, § 1; 2005, No. 1934, § 24.

(a) As used in this section, unless the context otherwise requires: (1) "Construction personnel" means employees of the Arkansas Department of Transportation or the counties or the municipalities of this state or any contractors of the State Highway Commission or the counties or municipalities; (2) "Conviction" means a formal declaration that a person is guilty of a violation of law determined when a person charged with a violation of law pleads guilty or nolo contendere, is found guilty, or forfeits a bond in lieu of a plea or trial; and (3) "Highway work zone" means any area upon or adjacent to any highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress by employees of the department, the counties or the municipalities of this state, or any contractors of the commission or the counties or municipalities.

(1) "Construction personnel" means employees of the Arkansas Department of Transportation or the counties or the municipalities of this state or any contractors of the State Highway Commission or the counties or municipalities;

(2) "Conviction" means a formal declaration that a person is guilty of a violation of law determined when a person charged with a violation of law pleads guilty or nolo contendere, is found guilty, or forfeits a bond in lieu of a plea or trial; and

(3) "Highway work zone" means any area upon or adjacent to any highway, road, or street of this state where construction, reconstruction, maintenance, or any other type of work is being performed or is in progress by employees of the department, the counties or the municipalities of this state, or any contractors of the commission or the counties or municipalities.

(b) (1) (A) (i) In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone. (ii) Equivalent additional court costs pursuant to § 16-10-305 shall not be assessed. (B) Any bond posted pursuant to a charge of committing any moving traffic violation while in a highway work zone in this state shall include the additional equivalent fine in the amount of the bond otherwise required. (2) (A) All fines collected by the county or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts, district courts, or city courts of this state as a result of this section shall be paid by the collecting official to the county treasurer or town or city treasurer pursuant to law. (B) All such amounts collected in circuit court shall be remitted to the county treasurer. (C) All amounts collected pursuant to subdivision (b)(2)(A) of this section in district court shall be paid to the county or city treasurer pursuant to § 16-17-707 . (D) All amounts collected pursuant to subdivision (b)(2)(A) of this section in city court shall be paid to the treasurer of the town or city in which the city court is located. (E) Amounts received by the county treasurer may be used for general county purposes, and amounts received by the city treasurer may be used for general city purposes.

(1) (A) (i) In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone. (ii) Equivalent additional court costs pursuant to § 16-10-305 shall not be assessed. (B) Any bond posted pursuant to a charge of committing any moving traffic violation while in a highway work zone in this state shall include the additional equivalent fine in the amount of the bond otherwise required.

(A) (i) In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone. (ii) Equivalent additional court costs pursuant to § 16-10-305 shall not be assessed.

(i) In addition to the fine otherwise provided by law, after the conviction of any person for any moving traffic violation committed while the person is driving through a highway work zone in this state and if construction personnel were present in the highway work zone when the offense occurred, the trial judge shall assess an additional fine equivalent to the fine imposed by law upon that person for committing a moving traffic violation in the highway work zone.

(ii) Equivalent additional court costs pursuant to § 16-10-305 shall not be assessed.

(B) Any bond posted pursuant to a charge of committing any moving traffic violation while in a highway work zone in this state shall include the additional equivalent fine in the amount of the bond otherwise required.

(2) (A) All fines collected by the county or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts, district courts, or city courts of this state as a result of this section shall be paid by the collecting official to the county treasurer or town or city treasurer pursuant to law. (B) All such amounts collected in circuit court shall be remitted to the county treasurer. (C) All amounts collected pursuant to subdivision (b)(2)(A) of this section in district court shall be paid to the county or city treasurer pursuant to § 16-17-707 . (D) All amounts collected pursuant to subdivision (b)(2)(A) of this section in city court shall be paid to the treasurer of the town or city in which the city court is located. (E) Amounts received by the county treasurer may be used for general county purposes, and amounts received by the city treasurer may be used for general city purposes.

(A) All fines collected by the county or city official, agency, or department designated pursuant to § 16-13-709 as primarily responsible for the collection of fines assessed in the circuit courts, district courts, or city courts of this state as a result of this section shall be paid by the collecting official to the county treasurer or town or city treasurer pursuant to law.

(B) All such amounts collected in circuit court shall be remitted to the county treasurer.

(C) All amounts collected pursuant to subdivision (b)(2)(A) of this section in district court shall be paid to the county or city treasurer pursuant to § 16-17-707 .

(D) All amounts collected pursuant to subdivision (b)(2)(A) of this section in city court shall be paid to the treasurer of the town or city in which the city court is located.

(E) Amounts received by the county treasurer may be used for general county purposes, and amounts received by the city treasurer may be used for general city purposes.

(c) (1) The additional fines and penalties shall not be assessed unless signs, either permanent or temporary, were present at the time of the violation in advance of the highway work zone warning the traveling public that fines are double in highway work zones. (2) The signs shall be located no greater than one (1) mile nor less than one thousand five hundred feet (1,500') in advance of the highway work zone. (3) Furthermore, the additional fines or penalties for speeding shall not be assessed unless signs, either permanent or temporary, are posted in advance of the highway work zone indicating the maximum speed limit to be obeyed while traveling through the highway work zone. (4) (A) All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices. (B) The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the department in order that the signs shall be uniform throughout the state. (C) The department is authorized to develop guidelines for the counties and municipalities to achieve uniformity.

(1) The additional fines and penalties shall not be assessed unless signs, either permanent or temporary, were present at the time of the violation in advance of the highway work zone warning the traveling public that fines are double in highway work zones.

(2) The signs shall be located no greater than one (1) mile nor less than one thousand five hundred feet (1,500') in advance of the highway work zone.

(3) Furthermore, the additional fines or penalties for speeding shall not be assessed unless signs, either permanent or temporary, are posted in advance of the highway work zone indicating the maximum speed limit to be obeyed while traveling through the highway work zone.

(4) (A) All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices. (B) The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the department in order that the signs shall be uniform throughout the state. (C) The department is authorized to develop guidelines for the counties and municipalities to achieve uniformity.

(A) All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices.

(B) The counties and municipalities, prior to utilizing any such signs, shall seek the advice of the department in order that the signs shall be uniform throughout the state.

(C) The department is authorized to develop guidelines for the counties and municipalities to achieve uniformity.

(d) Nothing contained in this section shall be construed to abrogate any of the provisions of § 12-8-106 regarding the powers of the Division of Arkansas State Police.

(e) For purposes of this section, "moving traffic violation" shall include, but not be limited to: (1) Careless or prohibited driving; (2) Driving while intoxicated; (3) Underage driving under the influence; (4) Refusal to submit; (5) Leaving the scene of an accident; (6) Driving with lights off; (7) Driving on an expired, suspended, or revoked license; (8) Improper use of lighting equipment; (9) Failure to obey traffic control devices and signs; (10) Failure to operate a vehicle in accordance with the rules of the road; (11) Failure to stop and render aid; (12) Following too closely; (13) Driving the wrong way on a one-way street; (14) Hazardous driving; (15) Impeding the flow of traffic; (16) Improper backing; (17) Improper lane change; (18) Improper entrance or exit to avoid an intersection; (19) Improper towing; (20) Improper turning; (21) Passing a stopped school bus; (22) Racing on the highway; (23) Reckless driving; and (24) Exceeding the speed limit.

(1) Careless or prohibited driving;

(2) Driving while intoxicated;

(3) Underage driving under the influence;

(4) Refusal to submit;

(5) Leaving the scene of an accident;

(6) Driving with lights off;

(7) Driving on an expired, suspended, or revoked license;

(8) Improper use of lighting equipment;

(9) Failure to obey traffic control devices and signs;

(10) Failure to operate a vehicle in accordance with the rules of the road;

(11) Failure to stop and render aid;

(12) Following too closely;

(13) Driving the wrong way on a one-way street;

(14) Hazardous driving;

(15) Impeding the flow of traffic;

(16) Improper backing;

(17) Improper lane change;

(18) Improper entrance or exit to avoid an intersection;

(19) Improper towing;

(20) Improper turning;

(21) Passing a stopped school bus;

(22) Racing on the highway;

(23) Reckless driving; and

(24) Exceeding the speed limit.

Amended by Act 2017, No. 707,§ 344, eff. 8/1/2017.

Acts 1995, No. 893, §§ 1-4; 2001, No. 1120, § 1; 2005, No. 1934, § 24.
Ark. Code Ann. § 27-14-1304 — AR Code / Title 27 / Chapter 14 / Subchapter 13 / Section 27-14-1304
Rules
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for the proper enforcement of this subchapter. (2) The rules and forms shall be dated and issued under a systematic method of numbering. (b) (1) A complete file of all rules and forms shall be kept in the office of the secretary. (2) Copies of the rules and forms shall be made available to any person requesting them. Amended by Act 2019, No. 315,§ 3104, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4590, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4589, eff. 7/1/2019. Acts 1949, No. 235, § 3; A.S.A. 1947, § 75-254.

(a) (1) The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for the proper enforcement of this subchapter. (2) The rules and forms shall be dated and issued under a systematic method of numbering.

(1) The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for the proper enforcement of this subchapter.

(2) The rules and forms shall be dated and issued under a systematic method of numbering.

(b) (1) A complete file of all rules and forms shall be kept in the office of the secretary. (2) Copies of the rules and forms shall be made available to any person requesting them.

(1) A complete file of all rules and forms shall be kept in the office of the secretary.

(2) Copies of the rules and forms shall be made available to any person requesting them.

Amended by Act 2019, No. 315,§ 3104, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4590, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4589, eff. 7/1/2019.

Acts 1949, No. 235, § 3; A.S.A. 1947, § 75-254.
Ark. Code Ann. § 27-37-601 — AR Code / Title 27 / Chapter 37 / Subchapter 6 / Section 27-37-601
Noise or smoke-producing devices prohibited
Status: in_force

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke. (b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke. Acts 1937, No. 300, § 126; Pope's Dig., § 6786; Acts 1959, No. 219, § 1; A.S.A. 1947, § 75-726.

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.

(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

Acts 1937, No. 300, § 126; Pope's Dig., § 6786; Acts 1959, No. 219, § 1; A.S.A. 1947, § 75-726.