Ark. Code Ann. § 27-64-206 — AR Code / Title 27 / Chapter 64 / Subchapter 2 / Section 27-64-206
Election
Status: in_force

(a) Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide special election called by proclamation of the Governor in accordance with § 7-11-201 et seq. (b) (1) (A) Notice of such election shall be published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to such election. (B) Notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to such election. (2) (A) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the form set forth herein: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000). If approved, such bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas." (B) The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. Pursuant to this subchapter, the "Bond Act", the bonds will be repaid first from revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and, second, from revenue derived from the increase in the excise tax levied on distillate special fuels and diesel pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in this subchapter. (C) Pursuant to this subchapter, the specific highway improvements to be financed are limited to restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission, which shall also include the acquisition, construction, reconstruction, and renovation of such interstate highway systems and facilities appurtenant or pertaining thereto. (D) Pursuant to this subchapter, "designated revenues" are defined as that portion designated by the commission of all funds received or to be received from the United States Government as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . Designated revenues shall not include the revenues derived from the increase in tax on motor fuel, gasoline, resulting from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 . The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds. Pursuant to § 26-56-201 , the excise tax on distillate special fuels, in addition to the taxes levied pursuant to §§ 26-56-201 , 26-56-502 , and 26-56-601 , will increase by two cents (2¢) per gallon on April 1, 1999, and the additional tax levied by § 26-56-201(e) shall increase to four cents (4¢) per gallon on the first anniversary of such date. (c) (1) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas." (2) On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ] "AGAINST issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ]" (d) (1) The county boards of election commissioners in each of the several counties of the state shall hold and conduct the election, and each such board is hereby authorized and directed to take such action with respect to the appointment of election officials and such other matters as are required by the laws of the state. The vote shall be canvassed and the result thereof declared in each county by such boards. (2) Within ten (10) days after the date of the election, the results shall be certified by such county boards to the Secretary of State, who shall forthwith tabulate all returns so received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter. (e) (1) The result of the election shall be proclaimed by the Governor by the publication of such proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. (2) The results as proclaimed shall be conclusive unless a complaint challenging such results is filed within thirty (30) days after the date of such publication in the Pulaski County Circuit Court. (f) (1) If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the commission shall proceed with the issuance of bonds in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall be issued. (g) Subsequent elections may be called by the Governor if the proposition fails, but each such subsequent election may be held no earlier than six (6) months after the date of the preceding election. Acts 1999, No. 1027, § 5; 2005, No. 2145, § 76; 2007, No. 1049, § 97; 2009, No. 1480, § 116; 2011, No. 752, §§ 4, 5.

(a) Bonds shall not be issued under this subchapter unless the issuance of bonds has been approved by a majority of the qualified electors of the state voting on the question at a statewide special election called by proclamation of the Governor in accordance with § 7-11-201 et seq.

(b) (1) (A) Notice of such election shall be published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to such election. (B) Notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to such election. (2) (A) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the form set forth herein: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000). If approved, such bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas." (B) The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. Pursuant to this subchapter, the "Bond Act", the bonds will be repaid first from revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and, second, from revenue derived from the increase in the excise tax levied on distillate special fuels and diesel pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in this subchapter. (C) Pursuant to this subchapter, the specific highway improvements to be financed are limited to restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission, which shall also include the acquisition, construction, reconstruction, and renovation of such interstate highway systems and facilities appurtenant or pertaining thereto. (D) Pursuant to this subchapter, "designated revenues" are defined as that portion designated by the commission of all funds received or to be received from the United States Government as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . Designated revenues shall not include the revenues derived from the increase in tax on motor fuel, gasoline, resulting from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 . The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds. Pursuant to § 26-56-201 , the excise tax on distillate special fuels, in addition to the taxes levied pursuant to §§ 26-56-201 , 26-56-502 , and 26-56-601 , will increase by two cents (2¢) per gallon on April 1, 1999, and the additional tax levied by § 26-56-201(e) shall increase to four cents (4¢) per gallon on the first anniversary of such date.

(1) (A) Notice of such election shall be published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to such election. (B) Notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to such election.

(A) Notice of such election shall be published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to such election.

(B) Notice thereof shall be mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to such election.

(2) (A) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the form set forth herein: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000). If approved, such bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas." (B) The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. Pursuant to this subchapter, the "Bond Act", the bonds will be repaid first from revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and, second, from revenue derived from the increase in the excise tax levied on distillate special fuels and diesel pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in this subchapter. (C) Pursuant to this subchapter, the specific highway improvements to be financed are limited to restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission, which shall also include the acquisition, construction, reconstruction, and renovation of such interstate highway systems and facilities appurtenant or pertaining thereto. (D) Pursuant to this subchapter, "designated revenues" are defined as that portion designated by the commission of all funds received or to be received from the United States Government as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . Designated revenues shall not include the revenues derived from the increase in tax on motor fuel, gasoline, resulting from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 . The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds. Pursuant to § 26-56-201 , the excise tax on distillate special fuels, in addition to the taxes levied pursuant to §§ 26-56-201 , 26-56-502 , and 26-56-601 , will increase by two cents (2¢) per gallon on April 1, 1999, and the additional tax levied by § 26-56-201(e) shall increase to four cents (4¢) per gallon on the first anniversary of such date.

(A) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the form set forth herein: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000). If approved, such bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas."

"Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') in a total principal amount not to exceed five hundred seventy-five million dollars ($575,000,000). If approved, such bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas."

(B) The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. Pursuant to this subchapter, the "Bond Act", the bonds will be repaid first from revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and, second, from revenue derived from the increase in the excise tax levied on distillate special fuels and diesel pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in this subchapter.

(C) Pursuant to this subchapter, the specific highway improvements to be financed are limited to restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under the jurisdiction of the commission, which shall also include the acquisition, construction, reconstruction, and renovation of such interstate highway systems and facilities appurtenant or pertaining thereto.

(D) Pursuant to this subchapter, "designated revenues" are defined as that portion designated by the commission of all funds received or to be received from the United States Government as federal highway interstate maintenance funds, and, if needed, that portion of national highway system funds authorized by State Highway Commission Minute Order 98-214 adopted September 22, 1998, and revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 26-56-201(e) and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-56-201(f) and § 26-55-1006(d) . Designated revenues shall not include the revenues derived from the increase in tax on motor fuel, gasoline, resulting from the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 . The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds. Pursuant to § 26-56-201 , the excise tax on distillate special fuels, in addition to the taxes levied pursuant to §§ 26-56-201 , 26-56-502 , and 26-56-601 , will increase by two cents (2¢) per gallon on April 1, 1999, and the additional tax levied by § 26-56-201(e) shall increase to four cents (4¢) per gallon on the first anniversary of such date.

(c) (1) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas." (2) On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ] "AGAINST issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ]"

(1) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas."

(2) On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ] "AGAINST issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ]"

"FOR issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ]

"AGAINST issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds in an amount not to exceed $575,000,000 and the pledge of the full faith and credit of the State of Arkansas to further secure such bonds ............... [ ]"

(d) (1) The county boards of election commissioners in each of the several counties of the state shall hold and conduct the election, and each such board is hereby authorized and directed to take such action with respect to the appointment of election officials and such other matters as are required by the laws of the state. The vote shall be canvassed and the result thereof declared in each county by such boards. (2) Within ten (10) days after the date of the election, the results shall be certified by such county boards to the Secretary of State, who shall forthwith tabulate all returns so received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

(1) The county boards of election commissioners in each of the several counties of the state shall hold and conduct the election, and each such board is hereby authorized and directed to take such action with respect to the appointment of election officials and such other matters as are required by the laws of the state. The vote shall be canvassed and the result thereof declared in each county by such boards.

(2) Within ten (10) days after the date of the election, the results shall be certified by such county boards to the Secretary of State, who shall forthwith tabulate all returns so received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

(e) (1) The result of the election shall be proclaimed by the Governor by the publication of such proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. (2) The results as proclaimed shall be conclusive unless a complaint challenging such results is filed within thirty (30) days after the date of such publication in the Pulaski County Circuit Court.

(1) The result of the election shall be proclaimed by the Governor by the publication of such proclamation one (1) time in a newspaper of general circulation in the State of Arkansas.

(2) The results as proclaimed shall be conclusive unless a complaint challenging such results is filed within thirty (30) days after the date of such publication in the Pulaski County Circuit Court.

(f) (1) If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the commission shall proceed with the issuance of bonds in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall be issued.

(1) If a majority of the qualified electors voting on the proposition vote in favor of the issuance of the bonds, then the commission shall proceed with the issuance of bonds in the manner and on the terms set forth in this subchapter.

(2) If a majority of the qualified electors voting on the proposition vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall be issued.

(g) Subsequent elections may be called by the Governor if the proposition fails, but each such subsequent election may be held no earlier than six (6) months after the date of the preceding election.

Acts 1999, No. 1027, § 5; 2005, No. 2145, § 76; 2007, No. 1049, § 97; 2009, No. 1480, § 116; 2011, No. 752, §§ 4, 5.
Ark. Code Ann. § 27-76-404 — AR Code / Title 27 / Chapter 76 / Subchapter 4 / Section 27-76-404
Actions affecting existing roads - Grade separation
Status: in_force

(a) A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section. (b) A regional mobility authority shall obtain consent from the Arkansas Department of Transportation and the State Highway Commission before constructing a grade separation under this section that affects a segment of the state highway system. (c) A regional mobility authority shall pay the cost of a grade separation and any damage incurred in changing a line of a railroad or the grade of a highway as part of the cost of the transportation project. (d) (1) On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road. (2) On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road. (3) Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority. (4) Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project. Amended by Act 2017, No. 707,§ 426, eff. 8/1/2017. Acts 2007, No. 389, § 1.

(a) A regional mobility authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line of the railroad or grade of a highway to accommodate the design of the grade separation as provided under this section.

(b) A regional mobility authority shall obtain consent from the Arkansas Department of Transportation and the State Highway Commission before constructing a grade separation under this section that affects a segment of the state highway system.

(c) A regional mobility authority shall pay the cost of a grade separation and any damage incurred in changing a line of a railroad or the grade of a highway as part of the cost of the transportation project.

(d) (1) On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road. (2) On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road. (3) Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority. (4) Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project.

(1) On request of the county, a regional mobility authority that has changed the location of a segment of a county road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.

(2) On request of the city, a regional mobility authority that has changed the location of a segment of a city road as part of its development of a transportation project shall reconstruct that segment of the road at a location that the regional mobility authority determines restores the utility of the road.

(3) Determinations under this subsection as to the relocation of a road shall be at the discretion of the regional mobility authority.

(4) Any reconstruction under this subsection and the associated costs of reconstruction are deemed to be in furtherance of a transportation project.

Amended by Act 2017, No. 707,§ 426, eff. 8/1/2017.

Acts 2007, No. 389, § 1.
Ark. Code Ann. § 27-90-205 — AR Code / Title 27 / Chapter 90 / Subchapter 2 / Section 27-90-205
Issuance to finance turnpike projects
Status: in_force

(a) The State Highway Commission may issue turnpike revenue bonds from time to time in principal amounts sufficient to pay the costs of a turnpike project. (b) For a turnpike project: (1) There may be more than one (1) issue of bonds; (2) There may be one (1) issue sold and delivered in series; and (3) There may be a subsequent issue or subsequent issues of bonds for all or any of the following purposes: (A) Completion of the construction of a turnpike project; (B) Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues; (C) The extension of a turnpike project; or (D) The refund of any prior issues of bonds as provided under § 27-90-212 . (c) The issues under subdivision (b)(3) of this section are subject in each instance to such conditions concerning available and estimated turnpike project revenues and other conditions ensuring prompt payment of the debt service on subsequent bond issues as the commission shall determine and specify in its authorizing resolution or in the trust indenture securing the bonds. (d) In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds. (e) Turnpike revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this subchapter regarding registration. Acts 2003, No. 296, § 5.

(a) The State Highway Commission may issue turnpike revenue bonds from time to time in principal amounts sufficient to pay the costs of a turnpike project.

(b) For a turnpike project: (1) There may be more than one (1) issue of bonds; (2) There may be one (1) issue sold and delivered in series; and (3) There may be a subsequent issue or subsequent issues of bonds for all or any of the following purposes: (A) Completion of the construction of a turnpike project; (B) Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues; (C) The extension of a turnpike project; or (D) The refund of any prior issues of bonds as provided under § 27-90-212 .

(1) There may be more than one (1) issue of bonds;

(2) There may be one (1) issue sold and delivered in series; and

(3) There may be a subsequent issue or subsequent issues of bonds for all or any of the following purposes: (A) Completion of the construction of a turnpike project; (B) Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues; (C) The extension of a turnpike project; or (D) The refund of any prior issues of bonds as provided under § 27-90-212 .

(A) Completion of the construction of a turnpike project;

(B) Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues;

(C) The extension of a turnpike project; or

(D) The refund of any prior issues of bonds as provided under § 27-90-212 .

(c) The issues under subdivision (b)(3) of this section are subject in each instance to such conditions concerning available and estimated turnpike project revenues and other conditions ensuring prompt payment of the debt service on subsequent bond issues as the commission shall determine and specify in its authorizing resolution or in the trust indenture securing the bonds.

(d) In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds.

(e) Turnpike revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this subchapter regarding registration.

Acts 2003, No. 296, § 5.
Ark. Code Ann. § 27-89-203 — AR Code / Title 27 / Chapter 89 / Subchapter 2 / Section 27-89-203
Compact binding when signed - Filing
Status: in_force

The compact when signed by the signatories of each state as herein provided shall become binding upon the State of Arkansas and shall be filed in the office of the Secretary of State of Arkansas. Acts 1951, No. 66, § 2; A.S.A. 1947, § 76-2102.

The compact when signed by the signatories of each state as herein provided shall become binding upon the State of Arkansas and shall be filed in the office of the Secretary of State of Arkansas.

Acts 1951, No. 66, § 2; A.S.A. 1947, § 76-2102.
Ark. Code Ann. § 27-22-206 — AR Code / Title 27 / Chapter 22 / Subchapter 2 / Section 27-22-206
Responsibilities of department
Status: in_force

(a) The Department of Finance and Administration shall: (1) Cooperate with insurers and the advisory group established under § 27-22-203 in operating the online insurance verification system; (2) Maintain the list of authorized requesting entities and individuals and make the list a part of the online insurance verification system; (3) Maintain the online insurance verification system framework necessary for insurers using the key or keys under § 27-22-204 ; (4) (A) Provide data security for the type of information transferred as prescribed by the advisory group. (B) Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws; (5) Be responsible for keeping the advisory group informed on functionality and planned or unplanned service interruptions; (6) Provide alternative methods of reporting for small insurers insuring no more than fifty (50) motor vehicles in the state as prescribed by the department; (7) Work with the advisory group on issues as they emerge for an equitable resolution for all parties; (8) Maintain records of online insurance verification system data for a period of time specified by the department; (9) Provide a means to separately track or distinguish motor vehicles where the owner qualifies as self-insured and financial responsibility is provided by a certificate of insurance under § 27-19-107 or other method authorized by law; (10) Administer and enforce this subchapter and propose reasonable rules concerning any matter administered in this subchapter; (11) Provide suitable notices and forms necessary to carry out the provisions of this subchapter; and (12) Suspend motor vehicle registrations under this subchapter. (b) This section does not prohibit the department from using the services of a third-party vendor for facilitating the operation of the online insurance verification system required by this subchapter. Amended by Act 2019, No. 315,§ 3129, eff. 7/24/2019. Amended by Act 2019, No. 869,§ 16, eff. 7/24/2019. Added by Act 2017, No. 1016,§ 2, eff. 1/1/2019.

(a) The Department of Finance and Administration shall: (1) Cooperate with insurers and the advisory group established under § 27-22-203 in operating the online insurance verification system; (2) Maintain the list of authorized requesting entities and individuals and make the list a part of the online insurance verification system; (3) Maintain the online insurance verification system framework necessary for insurers using the key or keys under § 27-22-204 ; (4) (A) Provide data security for the type of information transferred as prescribed by the advisory group. (B) Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws; (5) Be responsible for keeping the advisory group informed on functionality and planned or unplanned service interruptions; (6) Provide alternative methods of reporting for small insurers insuring no more than fifty (50) motor vehicles in the state as prescribed by the department; (7) Work with the advisory group on issues as they emerge for an equitable resolution for all parties; (8) Maintain records of online insurance verification system data for a period of time specified by the department; (9) Provide a means to separately track or distinguish motor vehicles where the owner qualifies as self-insured and financial responsibility is provided by a certificate of insurance under § 27-19-107 or other method authorized by law; (10) Administer and enforce this subchapter and propose reasonable rules concerning any matter administered in this subchapter; (11) Provide suitable notices and forms necessary to carry out the provisions of this subchapter; and (12) Suspend motor vehicle registrations under this subchapter.

(1) Cooperate with insurers and the advisory group established under § 27-22-203 in operating the online insurance verification system;

(2) Maintain the list of authorized requesting entities and individuals and make the list a part of the online insurance verification system;

(3) Maintain the online insurance verification system framework necessary for insurers using the key or keys under § 27-22-204 ;

(4) (A) Provide data security for the type of information transferred as prescribed by the advisory group. (B) Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws;

(A) Provide data security for the type of information transferred as prescribed by the advisory group.

(B) Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws;

(5) Be responsible for keeping the advisory group informed on functionality and planned or unplanned service interruptions;

(6) Provide alternative methods of reporting for small insurers insuring no more than fifty (50) motor vehicles in the state as prescribed by the department;

(7) Work with the advisory group on issues as they emerge for an equitable resolution for all parties;

(8) Maintain records of online insurance verification system data for a period of time specified by the department;

(9) Provide a means to separately track or distinguish motor vehicles where the owner qualifies as self-insured and financial responsibility is provided by a certificate of insurance under § 27-19-107 or other method authorized by law;

(10) Administer and enforce this subchapter and propose reasonable rules concerning any matter administered in this subchapter;

(11) Provide suitable notices and forms necessary to carry out the provisions of this subchapter; and

(12) Suspend motor vehicle registrations under this subchapter.

(b) This section does not prohibit the department from using the services of a third-party vendor for facilitating the operation of the online insurance verification system required by this subchapter.

Amended by Act 2019, No. 315,§ 3129, eff. 7/24/2019.

Amended by Act 2019, No. 869,§ 16, eff. 7/24/2019.

Added by Act 2017, No. 1016,§ 2, eff. 1/1/2019.
Ark. Code Ann. § 27-50-1224 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1224
Rules for towing electric vehicles
Status: in_force

The Arkansas Towing and Recovery Board shall promulgate rules necessary for the towing, recovery, and storage of electric vehicles by October 31, 2023. Added by Act 2023, No. 840,§ 1, eff. 8/1/2023.

The Arkansas Towing and Recovery Board shall promulgate rules necessary for the towing, recovery, and storage of electric vehicles by October 31, 2023.

Added by Act 2023, No. 840,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 27-33-108 — AR Code / Title 27 / Chapter 33 / Section 27-33-108
Filing of documents - Notices
Status: in_force

(a) Filing of documents as required by Article III(j) of the Vehicle Equipment Safety Compact shall be with the Secretary of State. (b) Any and all notices required by commission bylaws to be given pursuant to Article III(j) of the compact shall be given to the commissioner of this state. Acts 1965, No. 5, § 6; A.S.A. 1947, § 75-2006.

(a) Filing of documents as required by Article III(j) of the Vehicle Equipment Safety Compact shall be with the Secretary of State.

(b) Any and all notices required by commission bylaws to be given pursuant to Article III(j) of the compact shall be given to the commissioner of this state.

Acts 1965, No. 5, § 6; A.S.A. 1947, § 75-2006.
Ark. Code Ann. § 27-16-910 — AR Code / Title 27 / Chapter 16 / Subchapter 9 / Section 27-16-910
Effect of suspension or revocation
Status: in_force

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this subchapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter. Acts 1937, No. 280, § 33; Pope's Dig., § 6857; A.S.A. 1947, § 75-337; Acts 1993, No. 445, § 31.

Any resident or nonresident whose driver's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this subchapter shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new license is obtained when and as permitted under this chapter.

Acts 1937, No. 280, § 33; Pope's Dig., § 6857; A.S.A. 1947, § 75-337; Acts 1993, No. 445, § 31.
Ark. Code Ann. § 27-19-604 — AR Code / Title 27 / Chapter 19 / Subchapter 6 / Section 27-19-604
Exceptions to security requirement
Status: in_force

The requirements as to security and suspension in this subchapter shall not apply to: (1) The driver or owner if the owner had in effect at the time of the accident an automobile liability policy or bond with respect to the vehicle and the driver's operation of the vehicle involved in the accident providing the minimum coverage required under § 27-22-104 , except that a driver shall not be exempt under this subdivision (1) if at the time of the accident, the vehicle was being operated without the owner's permission, express or implied; (2) The driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his or her driving of vehicles not owned by him or her; (3) A driver or owner whose liability for damages resulting from the accident is, in the judgment of the Office of Driver Services, covered by any other form of liability insurance policy or bond; (4) Any person qualifying as a self-insurer under § 27-19-107 or any person operating a vehicle for the self-insurer; (5) The driver or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner; (6) The driver or owner of a vehicle which at the time of the accident was parked, unless the vehicle was parked at a place where parking was at the time of the accident prohibited under any applicable law or ordinance; (7) The owner of a vehicle if at the time of the accident the vehicle was being operated without his or her permission, express or implied, or was parked by a person who had been operating the vehicle without permission; (8) The owner of a vehicle involved in an accident if at the time of the accident the vehicle was owned by or leased to the United States, this state, or any political subdivision of this state, or a municipality thereof, or the driver of the vehicle if operating the vehicle with permission; or (9) The driver or the owner of a vehicle in the event at the time of the accident the vehicle was being operated by or under the direction of a police officer who, in the performance of his or her duties, shall have assumed custody of the vehicle. Acts 1953, No. 347, § 26; A.S.A. 1947, § 75-1426; Acts 2007, No. 485, §§ 7, 9.

The requirements as to security and suspension in this subchapter shall not apply to:

(1) The driver or owner if the owner had in effect at the time of the accident an automobile liability policy or bond with respect to the vehicle and the driver's operation of the vehicle involved in the accident providing the minimum coverage required under § 27-22-104 , except that a driver shall not be exempt under this subdivision (1) if at the time of the accident, the vehicle was being operated without the owner's permission, express or implied;

(2) The driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident an automobile liability policy or bond with respect to his or her driving of vehicles not owned by him or her;

(3) A driver or owner whose liability for damages resulting from the accident is, in the judgment of the Office of Driver Services, covered by any other form of liability insurance policy or bond;

(4) Any person qualifying as a self-insurer under § 27-19-107 or any person operating a vehicle for the self-insurer;

(5) The driver or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner;

(6) The driver or owner of a vehicle which at the time of the accident was parked, unless the vehicle was parked at a place where parking was at the time of the accident prohibited under any applicable law or ordinance;

(7) The owner of a vehicle if at the time of the accident the vehicle was being operated without his or her permission, express or implied, or was parked by a person who had been operating the vehicle without permission;

(8) The owner of a vehicle involved in an accident if at the time of the accident the vehicle was owned by or leased to the United States, this state, or any political subdivision of this state, or a municipality thereof, or the driver of the vehicle if operating the vehicle with permission; or

(9) The driver or the owner of a vehicle in the event at the time of the accident the vehicle was being operated by or under the direction of a police officer who, in the performance of his or her duties, shall have assumed custody of the vehicle.

Acts 1953, No. 347, § 26; A.S.A. 1947, § 75-1426; Acts 2007, No. 485, §§ 7, 9.
Ark. Code Ann. § 27-21-109 — AR Code / Title 27 / Chapter 21 / Section 27-21-109
Defenses to prosecution - Definition
Status: in_force

(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license. (b) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that: (1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas; (2) The public street or highway was not an interstate highway; (3) Traveling on the public street or highway was the most reasonable route of access available to him or her from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail; and (4) His or her purpose for riding on the public street or highway was to get from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail. (c) As used in this section, "his or her private property" means real property that an operator of an all-terrain vehicle: (1) Owns; (2) Leases; (3) Resides at with the owner or lessee of the real property; or (4) Is staying at for a specific period of time as an invitee, including without limitation a: (A) Vacation resort; (B) Rental cabin; (C) Deeded timeshare; or (D) Right-to-use timeshare. Amended by Act 2018EX2, No. 11,§ 1, eff. 3/19/2018. Amended by Act 2018EX2, No. 2,§ 1, eff. 3/19/2018. Amended by Act 2017, No. 272,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 272,§ 2, eff. 8/1/2017. Acts 1987, No. 804, § 4; 2003, No. 543, § 1.

(a) It is not a defense to a prosecution under this chapter that the driver or operator possesses a valid driver's license or motorcycle operator's license.

(b) It is a defense to prosecution under § 27-21-106 for a violation of operating an all-terrain vehicle upon a public street or highway if the all-terrain vehicle operator can show by a preponderance of the evidence that: (1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas; (2) The public street or highway was not an interstate highway; (3) Traveling on the public street or highway was the most reasonable route of access available to him or her from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail; and (4) His or her purpose for riding on the public street or highway was to get from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail.

(1) The public street or highway was outside the city limits of any municipality or incorporated town in Arkansas;

(2) The public street or highway was not an interstate highway;

(3) Traveling on the public street or highway was the most reasonable route of access available to him or her from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail; and

(A) One off-road trail to another off-road trail; or

(B) His or her private property to an off-road trail; and

(4) His or her purpose for riding on the public street or highway was to get from: (A) One off-road trail to another off-road trail; or (B) His or her private property to an off-road trail.

(A) One off-road trail to another off-road trail; or

(B) His or her private property to an off-road trail.

(c) As used in this section, "his or her private property" means real property that an operator of an all-terrain vehicle: (1) Owns; (2) Leases; (3) Resides at with the owner or lessee of the real property; or (4) Is staying at for a specific period of time as an invitee, including without limitation a: (A) Vacation resort; (B) Rental cabin; (C) Deeded timeshare; or (D) Right-to-use timeshare.

(1) Owns;

(2) Leases;

(3) Resides at with the owner or lessee of the real property; or

(4) Is staying at for a specific period of time as an invitee, including without limitation a: (A) Vacation resort; (B) Rental cabin; (C) Deeded timeshare; or (D) Right-to-use timeshare.

(A) Vacation resort;

(B) Rental cabin;

(C) Deeded timeshare; or

(D) Right-to-use timeshare.

Amended by Act 2018EX2, No. 11,§ 1, eff. 3/19/2018.

Amended by Act 2018EX2, No. 2,§ 1, eff. 3/19/2018.

Amended by Act 2017, No. 272,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 272,§ 2, eff. 8/1/2017.

Acts 1987, No. 804, § 4; 2003, No. 543, § 1.
Ark. Code Ann. § 27-64-406 — AR Code / Title 27 / Chapter 64 / Subchapter 4 / Section 27-64-406
Procedure for issuing bonds
Status: in_force

Prior to the issuance of any series of bonds, the State Highway Commission shall adopt a resolution authorizing the issuance of such series of bonds. Each such resolution shall contain such terms, covenants, and conditions as are deemed desirable and consistent with this act, including without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the federal highway assistance payments and bond proceeds, and the rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds. The resolutions of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to above and such other terms and conditions deemed necessary by the commission, which trust indenture or trust indentures shall be binding upon the commission and the state and their respective officers and officials. Acts 2007, No. 511, § 1.

Prior to the issuance of any series of bonds, the State Highway Commission shall adopt a resolution authorizing the issuance of such series of bonds. Each such resolution shall contain such terms, covenants, and conditions as are deemed desirable and consistent with this act, including without limitation, those pertaining to the establishment and maintenance of funds and accounts, the deposit and investment of the federal highway assistance payments and bond proceeds, and the rights and obligations of the state, its officers and officials, the commission, and the registered owners of the bonds. The resolutions of the commission may provide for the execution and delivery by the commission of a trust indenture or trust indentures, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to above and such other terms and conditions deemed necessary by the commission, which trust indenture or trust indentures shall be binding upon the commission and the state and their respective officers and officials.

Acts 2007, No. 511, § 1.
Ark. Code Ann. § 27-36-210 — AR Code / Title 27 / Chapter 36 / Subchapter 2 / Section 27-36-210
Multiple-beam road lighting equipment
Status: in_force

(a) Except as otherwise provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp, or combination thereof, on motor vehicles, other than motorcycles or motor-driven cycles, shall be so arranged that the driver may select at will between distributions of light projected to different elevations. (b) The lamps may, in addition, be so arranged that the selection can be made automatically, subject to the following limitations: (1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet (350') ahead for all conditions of loading; (2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead; and (3) On a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. (c) (1) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after July 1, 1955, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use and shall not otherwise be lighted. (2) The indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped. Acts 1937, No. 300, § 115; Pope's Dig., § 6775; Acts 1955, No. 158, § 1; A.S.A. 1947, § 75-713.

(a) Except as otherwise provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp, or combination thereof, on motor vehicles, other than motorcycles or motor-driven cycles, shall be so arranged that the driver may select at will between distributions of light projected to different elevations.

(b) The lamps may, in addition, be so arranged that the selection can be made automatically, subject to the following limitations: (1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet (350') ahead for all conditions of loading; (2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead; and (3) On a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet (350') ahead for all conditions of loading;

(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead; and

(3) On a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

(c) (1) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after July 1, 1955, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use and shall not otherwise be lighted. (2) The indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped.

(1) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after July 1, 1955, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use and shall not otherwise be lighted.

(2) The indicator shall be so designed and located that, when lighted, it will be readily visible without glare to the driver of the vehicle so equipped.

Acts 1937, No. 300, § 115; Pope's Dig., § 6775; Acts 1955, No. 158, § 1; A.S.A. 1947, § 75-713.
Ark. Code Ann. § 27-101-1009 — AR Code / Title 27 / Chapter 101 / Subchapter 10 / Section 27-101-1009
Issuance of certificate of title
Status: in_force

(a) (1) The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under § 27-101-304 and upon receipt of a proper application and all required fees, shall issue a certificate of title. (2) The certificate of title shall be of a type that, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection. (b) (1) (A) The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number. (B) In addition, the certificate of title shall contain: (i) A statement of the owner's title to the motorboat; (ii) A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title; (iii) A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and (iv) If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013 . (2) The certificate of title shall bear the seal of the Office of Motor Vehicle. (c) (1) The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate of title, except when a surviving owner or a beneficiary applies for a new certificate of title with beneficiary under § 27-101-1013 . (2) The certificate of title shall also contain upon the reverse side forms for assignment of title or interest and warranty of title or interest by the owner, with space for notation of liens and encumbrances upon the motorboat at the time of a transfer. (d) (1) The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon. (2) Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the motorboat as shown in the certificate of title or to the person named to receive it in the application for the certificate of title. Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.

(a) (1) The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under § 27-101-304 and upon receipt of a proper application and all required fees, shall issue a certificate of title. (2) The certificate of title shall be of a type that, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.

(1) The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under § 27-101-304 and upon receipt of a proper application and all required fees, shall issue a certificate of title.

(2) The certificate of title shall be of a type that, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.

(b) (1) (A) The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number. (B) In addition, the certificate of title shall contain: (i) A statement of the owner's title to the motorboat; (ii) A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title; (iii) A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and (iv) If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013 . (2) The certificate of title shall bear the seal of the Office of Motor Vehicle.

(1) (A) The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number. (B) In addition, the certificate of title shall contain: (i) A statement of the owner's title to the motorboat; (ii) A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title; (iii) A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and (iv) If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013 .

(A) The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number.

(B) In addition, the certificate of title shall contain: (i) A statement of the owner's title to the motorboat; (ii) A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title; (iii) A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and (iv) If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013 .

(i) A statement of the owner's title to the motorboat;

(ii) A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title;

(iii) A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and

(iv) If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-101-1013 .

(2) The certificate of title shall bear the seal of the Office of Motor Vehicle.

(c) (1) The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate of title, except when a surviving owner or a beneficiary applies for a new certificate of title with beneficiary under § 27-101-1013 . (2) The certificate of title shall also contain upon the reverse side forms for assignment of title or interest and warranty of title or interest by the owner, with space for notation of liens and encumbrances upon the motorboat at the time of a transfer.

(1) The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate of title, except when a surviving owner or a beneficiary applies for a new certificate of title with beneficiary under § 27-101-1013 .

(2) The certificate of title shall also contain upon the reverse side forms for assignment of title or interest and warranty of title or interest by the owner, with space for notation of liens and encumbrances upon the motorboat at the time of a transfer.

(d) (1) The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon. (2) Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the motorboat as shown in the certificate of title or to the person named to receive it in the application for the certificate of title.

(1) The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.

(2) Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the motorboat as shown in the certificate of title or to the person named to receive it in the application for the certificate of title.

Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 27-24-1407 — AR Code / Title 27 / Chapter 24 / Subchapter 14 / Section 27-24-1407
Annual report
Status: in_force

(a) A special interest organization that is the sponsor of a special license plate or a special license plate that bears a decal under this subchapter shall prepare and submit an annual accounting report to the Secretary of the Department of Finance and Administration by December 1 of each calendar year. (b) The report shall include an accounting of the revenues and expenditures associated with the design-use contribution fee charged for the special license plate or the special license plate that bears a decal. (c) If the special interest organization fails to comply with this section, then the secretary may: (1) Suspend the issuance of a special license plate or special license plate that bears a decal under this subchapter; or (2) Suspend the payment of the design-use contribution fee to the special interest organization. Amended by Act 2019, No. 910,§ 4778, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4777, eff. 7/1/2019. Acts 2005, No. 2202, § 1.

(a) A special interest organization that is the sponsor of a special license plate or a special license plate that bears a decal under this subchapter shall prepare and submit an annual accounting report to the Secretary of the Department of Finance and Administration by December 1 of each calendar year.

(b) The report shall include an accounting of the revenues and expenditures associated with the design-use contribution fee charged for the special license plate or the special license plate that bears a decal.

(c) If the special interest organization fails to comply with this section, then the secretary may: (1) Suspend the issuance of a special license plate or special license plate that bears a decal under this subchapter; or (2) Suspend the payment of the design-use contribution fee to the special interest organization.

(1) Suspend the issuance of a special license plate or special license plate that bears a decal under this subchapter; or

(2) Suspend the payment of the design-use contribution fee to the special interest organization.

Amended by Act 2019, No. 910,§ 4778, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4777, eff. 7/1/2019.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-24-1701 — AR Code / Title 27 / Chapter 24 / Subchapter 17 / Section 27-24-1701
Authorization
Status: in_force

The Secretary of the Department of Finance and Administration shall issue a special license plate for conservation districts in the manner and subject to the conditions provided under this subchapter. Amended by Act 2019, No. 910,§ 4805, eff. 7/1/2019. Acts 2011, No. 804, § 1.

The Secretary of the Department of Finance and Administration shall issue a special license plate for conservation districts in the manner and subject to the conditions provided under this subchapter.

Amended by Act 2019, No. 910,§ 4805, eff. 7/1/2019.

Acts 2011, No. 804, § 1.
Ark. Code Ann. § 27-76-606 — AR Code / Title 27 / Chapter 76 / Subchapter 6 / Section 27-76-606
Proceeds
Status: in_force

(a) The proceeds of each bond issue shall be disbursed in the manner and under any restrictions as provided in the bond resolution. (b) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Making betterments, improvements, and extensions to a surface transportation system that is either owned or operated or is proposed to be owned or operated by the regional mobility authority; (B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing the bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions. (2) The terms "betterments", "improvements", and "extensions" include surface transportation systems as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the regional mobility authority's surface transportation system. (c) If the proceeds of a bond issue exceed the cost of the transportation project for which the bonds were issued, the surplus shall be segregated from the other money of the regional mobility authority and used only for the purposes specified in the bond resolution. (d) To the extent permitted under the applicable bond proceedings, revenue from one (1) transportation project or toll facility project of a regional mobility authority may be used to pay the cost of another transportation project or toll facility project of the same regional mobility authority. Amended by Act 2013, No. 497,§ 9, eff. 8/16/2013. Acts 2007, No. 389, § 1.

(a) The proceeds of each bond issue shall be disbursed in the manner and under any restrictions as provided in the bond resolution.

(b) (1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Making betterments, improvements, and extensions to a surface transportation system that is either owned or operated or is proposed to be owned or operated by the regional mobility authority; (B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing the bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions. (2) The terms "betterments", "improvements", and "extensions" include surface transportation systems as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the regional mobility authority's surface transportation system.

(1) The proceeds derived from the sale of the bonds shall be used solely for the purpose of: (A) Making betterments, improvements, and extensions to a surface transportation system that is either owned or operated or is proposed to be owned or operated by the regional mobility authority; (B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions; (C) Establishing any necessary reserves for the bonds; (D) Paying the costs of issuing the bonds; and (E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.

(A) Making betterments, improvements, and extensions to a surface transportation system that is either owned or operated or is proposed to be owned or operated by the regional mobility authority;

(B) Paying interest on the bonds during the period of construction of the betterments, improvements, and extensions;

(C) Establishing any necessary reserves for the bonds;

(D) Paying the costs of issuing the bonds; and

(E) Paying any other costs and expenditures of whatever nature incidental to the accomplishment of the betterments, improvements, and extensions.

(2) The terms "betterments", "improvements", and "extensions" include surface transportation systems as well as all other real and personal property, buildings, structures, or other improvements or facilities as may be necessary or advisable for the proper and efficient operation of the regional mobility authority's surface transportation system.

(c) If the proceeds of a bond issue exceed the cost of the transportation project for which the bonds were issued, the surplus shall be segregated from the other money of the regional mobility authority and used only for the purposes specified in the bond resolution.

(d) To the extent permitted under the applicable bond proceedings, revenue from one (1) transportation project or toll facility project of a regional mobility authority may be used to pay the cost of another transportation project or toll facility project of the same regional mobility authority.

Amended by Act 2013, No. 497,§ 9, eff. 8/16/2013.

Acts 2007, No. 389, § 1.
Ark. Code Ann. § 27-76-402 — AR Code / Title 27 / Chapter 76 / Subchapter 4 / Section 27-76-402
Limitations
Status: in_force

(a) Notwithstanding any other provision of law, a regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or concession agreement related to a toll facility. (b) Notwithstanding any other provision of law, a toll facility project established by a regional mobility authority shall be for construction of new highways only. (c) Notwithstanding any other provision of law, a regional mobility authority shall not establish a toll facility project without voter approval of the initial imposition of the tolls, including the initial toll rate, and if revenue bonds are to be issued by the regional mobility authority to fund all or a portion of the costs of the toll facility project, the issuance of the maximum principal amount of bonded indebtedness. (d) Notwithstanding any other provision of law, a regional mobility authority shall not acquire or receive by conveyance a transportation project or transportation system from another public or private entity that is either completed or for which a construction notice to proceed has been issued to convert the transportation project or transportation system to a toll facility project. Acts 2007, No. 389, § 1.

(a) Notwithstanding any other provision of law, a regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or concession agreement related to a toll facility.

(b) Notwithstanding any other provision of law, a toll facility project established by a regional mobility authority shall be for construction of new highways only.

(c) Notwithstanding any other provision of law, a regional mobility authority shall not establish a toll facility project without voter approval of the initial imposition of the tolls, including the initial toll rate, and if revenue bonds are to be issued by the regional mobility authority to fund all or a portion of the costs of the toll facility project, the issuance of the maximum principal amount of bonded indebtedness.

(d) Notwithstanding any other provision of law, a regional mobility authority shall not acquire or receive by conveyance a transportation project or transportation system from another public or private entity that is either completed or for which a construction notice to proceed has been issued to convert the transportation project or transportation system to a toll facility project.

Acts 2007, No. 389, § 1.
Ark. Code Ann. § 27-66-207 — AR Code / Title 27 / Chapter 66 / Subchapter 2 / Section 27-66-207
Streets or roads dedicated to the public
Status: in_force

(a) The county judge in his or her discretion may designate as a county road any street or road dedicated to the public as a public thoroughfare, provided that a bill of assurance making the dedication is properly recorded. (b) Unless a plat clearly reflects roads that are private, the county recorder shall not accept any plats in the unincorporated area of the county without the county court's acceptance of: (1) Roads for perpetual maintenance; and (2) Dedication of land for public purposes. Acts 1923, No. 666, § 5; Pope's Dig., § 6973; Acts 1983, No. 463, § 1; A.S.A. 1947, § 76-108; Acts 2005, No. 861, § 1; 2007, No. 827, § 239.

(a) The county judge in his or her discretion may designate as a county road any street or road dedicated to the public as a public thoroughfare, provided that a bill of assurance making the dedication is properly recorded.

(b) Unless a plat clearly reflects roads that are private, the county recorder shall not accept any plats in the unincorporated area of the county without the county court's acceptance of: (1) Roads for perpetual maintenance; and (2) Dedication of land for public purposes.

(1) Roads for perpetual maintenance; and

(2) Dedication of land for public purposes.

Acts 1923, No. 666, § 5; Pope's Dig., § 6973; Acts 1983, No. 463, § 1; A.S.A. 1947, § 76-108; Acts 2005, No. 861, § 1; 2007, No. 827, § 239.
Ark. Code Ann. § 27-15-305 — AR Code / Title 27 / Chapter 15 / Subchapter 3 / Section 27-15-305
Penalties
Status: in_force

(a) Any individual who provides false information in order to acquire or who assists an unqualified person in acquiring the special license plate or the special certificate and any person who abuses the privileges granted by this subchapter shall be deemed guilty of a Class A misdemeanor. (b) (1) A motor vehicle found to be parked in an area designated for the exclusive use of a person with a disability, including the access aisle, may be impounded by a law enforcement agency if the motor vehicle: (A) Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or (B) Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not: (i) A person with a disability who is authorized to park in the designated area; or (ii) Transporting a person with a disability who is authorized to park in the designated area. (2) (A) In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs. (B) The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336. (3) (A) Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months. (B) The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver. (c) (1) Fifty percent (50%) of all fines collected under this section in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the section, for deposit into the Governor's Commission on People with Disabilities Fund to be used as follows: (A) Thirty percent (30%) for scholarship awards to persons with disabilities; and (B) Twenty percent (20%) towards educating the public about accessible parking, including without limitation: (i) Public awareness campaigns; (ii) Public service announcements; (iii) Distribution of pamphlets; or (iv) Social media. (2) Fifty percent (50%) of the fines collected in district court under this section shall be paid by the tenth day of each month to the city general fund of the town or city in which the violation occurred to assist that political subdivision in paying the expenses it incurs in complying with requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336. Amended by Act 2017, No. 799,§ 4, eff. 1/1/2019. Amended by Act 2017, No. 799,§ 3, eff. 1/1/2019. Acts 1985, No. 907, § 12; A.S.A. 1947, § 75-296.14; Acts 1987, No. 59, § 5; 1991, No. 656, § 4; 1999, No. 1503, § 2; 2001, No. 609, § 1; 2003, No. 1765, § 33; 2005, No. 1934, § 18; 2005, No. 2202, § 2.

(a) Any individual who provides false information in order to acquire or who assists an unqualified person in acquiring the special license plate or the special certificate and any person who abuses the privileges granted by this subchapter shall be deemed guilty of a Class A misdemeanor.

(b) (1) A motor vehicle found to be parked in an area designated for the exclusive use of a person with a disability, including the access aisle, may be impounded by a law enforcement agency if the motor vehicle: (A) Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or (B) Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not: (i) A person with a disability who is authorized to park in the designated area; or (ii) Transporting a person with a disability who is authorized to park in the designated area. (2) (A) In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs. (B) The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336. (3) (A) Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months. (B) The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver.

(1) A motor vehicle found to be parked in an area designated for the exclusive use of a person with a disability, including the access aisle, may be impounded by a law enforcement agency if the motor vehicle: (A) Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or (B) Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not: (i) A person with a disability who is authorized to park in the designated area; or (ii) Transporting a person with a disability who is authorized to park in the designated area.

(A) Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or

(B) Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not: (i) A person with a disability who is authorized to park in the designated area; or (ii) Transporting a person with a disability who is authorized to park in the designated area.

(i) A person with a disability who is authorized to park in the designated area; or

(ii) Transporting a person with a disability who is authorized to park in the designated area.

(2) (A) In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs. (B) The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

(A) In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs.

(B) The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

(3) (A) Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months. (B) The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver.

(A) Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months.

(B) The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver.

(c) (1) Fifty percent (50%) of all fines collected under this section in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the section, for deposit into the Governor's Commission on People with Disabilities Fund to be used as follows: (A) Thirty percent (30%) for scholarship awards to persons with disabilities; and (B) Twenty percent (20%) towards educating the public about accessible parking, including without limitation: (i) Public awareness campaigns; (ii) Public service announcements; (iii) Distribution of pamphlets; or (iv) Social media. (2) Fifty percent (50%) of the fines collected in district court under this section shall be paid by the tenth day of each month to the city general fund of the town or city in which the violation occurred to assist that political subdivision in paying the expenses it incurs in complying with requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

(1) Fifty percent (50%) of all fines collected under this section in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the section, for deposit into the Governor's Commission on People with Disabilities Fund to be used as follows: (A) Thirty percent (30%) for scholarship awards to persons with disabilities; and (B) Twenty percent (20%) towards educating the public about accessible parking, including without limitation: (i) Public awareness campaigns; (ii) Public service announcements; (iii) Distribution of pamphlets; or (iv) Social media.

(A) Thirty percent (30%) for scholarship awards to persons with disabilities; and

(B) Twenty percent (20%) towards educating the public about accessible parking, including without limitation: (i) Public awareness campaigns; (ii) Public service announcements; (iii) Distribution of pamphlets; or (iv) Social media.

(i) Public awareness campaigns;

(ii) Public service announcements;

(iii) Distribution of pamphlets; or

(iv) Social media.

(2) Fifty percent (50%) of the fines collected in district court under this section shall be paid by the tenth day of each month to the city general fund of the town or city in which the violation occurred to assist that political subdivision in paying the expenses it incurs in complying with requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

Amended by Act 2017, No. 799,§ 4, eff. 1/1/2019.

Amended by Act 2017, No. 799,§ 3, eff. 1/1/2019.

Acts 1985, No. 907, § 12; A.S.A. 1947, § 75-296.14; Acts 1987, No. 59, § 5; 1991, No. 656, § 4; 1999, No. 1503, § 2; 2001, No. 609, § 1; 2003, No. 1765, § 33; 2005, No. 1934, § 18; 2005, No. 2202, § 2.
Ark. Code Ann. § 27-50-905 — AR Code / Title 27 / Chapter 50 / Subchapter 9 / Section 27-50-905
Procedure for driver's right to contest entries
Status: in_force

(a) (1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his or her driver's record. (2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902 . (b) (1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry. (2) Within thirty (30) days after receipt of the notice, the Office of Driver Services shall either remove the entry from the driver's record or notify the driver that the Office of Driver Services finds the entry to be correct and that the entry shall remain a part of the driver's record. (3) If the Office of Driver Services finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding. (c) (1) In the event the Office of Driver Services finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the Office of Driver Services that the entry was found to be correct to seek an order from the court requiring the Office of Driver Services to change or delete the entry from the driver's record. (2) The court's review of such an action shall be limited to a determination of whether the Office of Driver Services had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the Office of Driver Services acted in compliance with §§ 27-50-902 and 27-50-903 . (3) The burden of proof in the action shall be upon the driver instituting the action. (d) (1) If the court finds the entry to be incorrect, it shall order the Office of Driver Services to amend the entry or delete the entry entirely. (2) (A) A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission. (B) The claim shall be filed in the manner required by law. Acts 1977, No. 465, § 4; A.S.A. 1947, § 75-1057.3.

(a) (1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his or her driver's record. (2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902 .

(1) Every driver on whom a record of traffic violations has been compiled shall have the right to contest any entry made in his or her driver's record.

(2) If the driver disputes any entry on his or her record he or she must, in order to preserve his or her rights under this section, notify in writing the Office of Driver Services within thirty (30) days of receipt of the report provided for in § 27-50-902 .

(b) (1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry. (2) Within thirty (30) days after receipt of the notice, the Office of Driver Services shall either remove the entry from the driver's record or notify the driver that the Office of Driver Services finds the entry to be correct and that the entry shall remain a part of the driver's record. (3) If the Office of Driver Services finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.

(1) The notification, as required, shall set forth in detail the ground upon which the driver bases his or her objections to the entry.

(2) Within thirty (30) days after receipt of the notice, the Office of Driver Services shall either remove the entry from the driver's record or notify the driver that the Office of Driver Services finds the entry to be correct and that the entry shall remain a part of the driver's record.

(3) If the Office of Driver Services finds the entry to be correct, the notification of this fact to the driver shall state the grounds for the finding.

(c) (1) In the event the Office of Driver Services finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the Office of Driver Services that the entry was found to be correct to seek an order from the court requiring the Office of Driver Services to change or delete the entry from the driver's record. (2) The court's review of such an action shall be limited to a determination of whether the Office of Driver Services had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the Office of Driver Services acted in compliance with §§ 27-50-902 and 27-50-903 . (3) The burden of proof in the action shall be upon the driver instituting the action.

(1) In the event the Office of Driver Services finds the entry to be correct, the aggrieved driver may file suit in the circuit court of the county in which the driver resides within twenty (20) days after receiving notice from the Office of Driver Services that the entry was found to be correct to seek an order from the court requiring the Office of Driver Services to change or delete the entry from the driver's record.

(2) The court's review of such an action shall be limited to a determination of whether the Office of Driver Services had just cause to record the traffic violation in question on the record of the aggrieved driver and whether the Office of Driver Services acted in compliance with §§ 27-50-902 and 27-50-903 .

(3) The burden of proof in the action shall be upon the driver instituting the action.

(d) (1) If the court finds the entry to be incorrect, it shall order the Office of Driver Services to amend the entry or delete the entry entirely. (2) (A) A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission. (B) The claim shall be filed in the manner required by law.

(1) If the court finds the entry to be incorrect, it shall order the Office of Driver Services to amend the entry or delete the entry entirely.

(2) (A) A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission. (B) The claim shall be filed in the manner required by law.

(A) A driver who has brought suit to require a change in his or her record and who has obtained an order of the court requiring the change may file a claim for his or her attorney's fees and any other damages he or she may have suffered with the Arkansas State Claims Commission.

(B) The claim shall be filed in the manner required by law.

Acts 1977, No. 465, § 4; A.S.A. 1947, § 75-1057.3.
Ark. Code Ann. § 27-72-321 — AR Code / Title 27 / Chapter 72 / Subchapter 3 / Section 27-72-321
Advance transfers to county special purpose road accounts
Status: in_force

(a) (1) Advance transfers may be made from time to time during the fiscal year to each of the several county special purpose road accounts maintained by the Treasurer of State. (2) Special purposes road accounts, as used in this section, shall include any and all county road construction provisions enacted by the General Assembly requiring a specified level of local, county, and cost matching funds, and shall include state aid road funds, federal-aid secondary road funds, and all other provisions of county special purpose road construction assistance which may be enacted by the General Assembly. (3) Advance transfers may be made from time to time in such amounts as may be respectively requested by each of the several county courts. (4) Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State. (5) Requests shall be accompanied by a certified copy of all initiated contractual documentation or grant-in-aid award documentation required by the provisions of the applicable special purpose road construction assistance enacted by the General Assembly for which the advance transfer is requested. (6) The contractual documentation or grant-in-aid award documentation shall specify the total dollar amount of the contract or award, the effective date of the contractual document, and the estimated date of termination or completion of all work specified in the contract or award. (7) However, the aggregate amount of all advance transfers to each of the respective special purpose road construction accounts during any fiscal year shall not exceed fifty percent (50%) of the estimated total amount of county highway aid funds to be credited to each respective county for the current fiscal year, based on the then-current annual official estimate of county highway revenue distribution. (b) (1) The full amount of all advance transfers authorized under subsection (a) of this section shall be repaid to the County Road Construction and Maintenance Revolving Fund in equal monthly installments from highway revenue moneys designated as county aid funds from the State Apportionment Fund for each of the respective counties receiving advance transfers. (2) The repayment period may transcend one (1) or more fiscal years or one (1) or more calendar years. However, the full amount of all advance transfers authorized under subsection (a) of this section shall be repaid during the term of office of each of the respective county judges requesting such advance transfers as the county court of each of the several counties; all such transfers shall be repaid during the then-current appropriation biennium of the General Assembly. (3) There shall be no exception to this mandate. (c) The interfund transfers authorized to be made under subsection (a) of this section shall be made by the Treasurer of State upon certification of the Chief Fiscal Officer of the State at the request of each of the several county courts. (d) (1) Advance transfers, pursuant to § 27-72-320(a) , may be made from time to time and in such amounts as may be respectively requested by each of the several county courts. (2) Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State. Acts 1975, No. 607, § 2; 1975 (Extended Sess., 1976), No. 1037, § 1; A.S.A. 1947, § 76-461.2; reen. Acts 1987, No. 863, § 1; 2011, No. 780, § 12.

(a) (1) Advance transfers may be made from time to time during the fiscal year to each of the several county special purpose road accounts maintained by the Treasurer of State. (2) Special purposes road accounts, as used in this section, shall include any and all county road construction provisions enacted by the General Assembly requiring a specified level of local, county, and cost matching funds, and shall include state aid road funds, federal-aid secondary road funds, and all other provisions of county special purpose road construction assistance which may be enacted by the General Assembly. (3) Advance transfers may be made from time to time in such amounts as may be respectively requested by each of the several county courts. (4) Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State. (5) Requests shall be accompanied by a certified copy of all initiated contractual documentation or grant-in-aid award documentation required by the provisions of the applicable special purpose road construction assistance enacted by the General Assembly for which the advance transfer is requested. (6) The contractual documentation or grant-in-aid award documentation shall specify the total dollar amount of the contract or award, the effective date of the contractual document, and the estimated date of termination or completion of all work specified in the contract or award. (7) However, the aggregate amount of all advance transfers to each of the respective special purpose road construction accounts during any fiscal year shall not exceed fifty percent (50%) of the estimated total amount of county highway aid funds to be credited to each respective county for the current fiscal year, based on the then-current annual official estimate of county highway revenue distribution.

(1) Advance transfers may be made from time to time during the fiscal year to each of the several county special purpose road accounts maintained by the Treasurer of State.

(2) Special purposes road accounts, as used in this section, shall include any and all county road construction provisions enacted by the General Assembly requiring a specified level of local, county, and cost matching funds, and shall include state aid road funds, federal-aid secondary road funds, and all other provisions of county special purpose road construction assistance which may be enacted by the General Assembly.

(3) Advance transfers may be made from time to time in such amounts as may be respectively requested by each of the several county courts.

(4) Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State.

(5) Requests shall be accompanied by a certified copy of all initiated contractual documentation or grant-in-aid award documentation required by the provisions of the applicable special purpose road construction assistance enacted by the General Assembly for which the advance transfer is requested.

(6) The contractual documentation or grant-in-aid award documentation shall specify the total dollar amount of the contract or award, the effective date of the contractual document, and the estimated date of termination or completion of all work specified in the contract or award.

(7) However, the aggregate amount of all advance transfers to each of the respective special purpose road construction accounts during any fiscal year shall not exceed fifty percent (50%) of the estimated total amount of county highway aid funds to be credited to each respective county for the current fiscal year, based on the then-current annual official estimate of county highway revenue distribution.

(b) (1) The full amount of all advance transfers authorized under subsection (a) of this section shall be repaid to the County Road Construction and Maintenance Revolving Fund in equal monthly installments from highway revenue moneys designated as county aid funds from the State Apportionment Fund for each of the respective counties receiving advance transfers. (2) The repayment period may transcend one (1) or more fiscal years or one (1) or more calendar years. However, the full amount of all advance transfers authorized under subsection (a) of this section shall be repaid during the term of office of each of the respective county judges requesting such advance transfers as the county court of each of the several counties; all such transfers shall be repaid during the then-current appropriation biennium of the General Assembly. (3) There shall be no exception to this mandate.

(1) The full amount of all advance transfers authorized under subsection (a) of this section shall be repaid to the County Road Construction and Maintenance Revolving Fund in equal monthly installments from highway revenue moneys designated as county aid funds from the State Apportionment Fund for each of the respective counties receiving advance transfers.

(2) The repayment period may transcend one (1) or more fiscal years or one (1) or more calendar years. However, the full amount of all advance transfers authorized under subsection (a) of this section shall be repaid during the term of office of each of the respective county judges requesting such advance transfers as the county court of each of the several counties; all such transfers shall be repaid during the then-current appropriation biennium of the General Assembly.

(3) There shall be no exception to this mandate.

(c) The interfund transfers authorized to be made under subsection (a) of this section shall be made by the Treasurer of State upon certification of the Chief Fiscal Officer of the State at the request of each of the several county courts.

(d) (1) Advance transfers, pursuant to § 27-72-320(a) , may be made from time to time and in such amounts as may be respectively requested by each of the several county courts. (2) Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State.

(1) Advance transfers, pursuant to § 27-72-320(a) , may be made from time to time and in such amounts as may be respectively requested by each of the several county courts.

(2) Advance transfer requests shall be duly recorded as county court orders in each of the respective counties and shall be filed in a manner and form prescribed by the Chief Fiscal Officer of the State.

Acts 1975, No. 607, § 2; 1975 (Extended Sess., 1976), No. 1037, § 1; A.S.A. 1947, § 76-461.2; reen. Acts 1987, No. 863, § 1; 2011, No. 780, § 12.
Ark. Code Ann. § 27-101-602 — AR Code / Title 27 / Chapter 101 / Subchapter 6 / Section 27-101-602
Regulation of personal watercraft
Status: in_force

(a) (1) No person shall operate a personal watercraft unless each person aboard is wearing a United States Coast Guard-approved personal flotation device to be used in accordance with the label on the personal flotation device. (2) Provided, no person aboard a personal watercraft shall use an inflatable personal flotation device to meet the personal flotation device requirement of this subsection. (b) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel. (c) No person shall operate a personal watercraft at any time between thirty (30) minutes after sunset and thirty (30) minutes before sunrise. (d) No person under sixteen (16) years of age shall operate a personal watercraft on the waters of this state, except: (1) A person at least twelve (12) years of age may operate a personal watercraft if a person at least eighteen (18) years of age is aboard the vessel who: (A) Was born before January 1, 1986, or has a valid boater education certificate; and (B) Is in a position to take immediate control of the vessel; or (2) A person under twelve (12) years of age may operate a personal watercraft if a person at least twenty-one (21) years of age is aboard the vessel who: (A) Was born before January 1, 1986, or has a valid boater education certificate; and (B) Is in a position to take immediate control of the vessel. (e) (1) Every personal watercraft shall at all times be operated in a reasonable and prudent manner. No person shall operate a personal watercraft in an unsafe or reckless manner. (2) Unsafe personal watercraft operation shall include but not be limited to the following: (A) Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet (100') of the vessel creating the wake; (B) Weaving through congested traffic; (C) Operating at greater than slow no-wake speed within one hundred feet (100') of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfer, person engaged in angling, or any manually propelled vessel; and (D) (i) Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft. (ii) For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions. (f) No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this subchapter. Amended by Act 2015, No. 694,§ 4, eff. 7/22/2015. Acts 1999, No. 756, § 2; 2009, No. 693, § 3.

(a) (1) No person shall operate a personal watercraft unless each person aboard is wearing a United States Coast Guard-approved personal flotation device to be used in accordance with the label on the personal flotation device. (2) Provided, no person aboard a personal watercraft shall use an inflatable personal flotation device to meet the personal flotation device requirement of this subsection.

(1) No person shall operate a personal watercraft unless each person aboard is wearing a United States Coast Guard-approved personal flotation device to be used in accordance with the label on the personal flotation device.

(2) Provided, no person aboard a personal watercraft shall use an inflatable personal flotation device to meet the personal flotation device requirement of this subsection.

(b) A person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch shall attach such lanyard to his or her person, clothing, or personal flotation device as appropriate for the specific vessel.

(c) No person shall operate a personal watercraft at any time between thirty (30) minutes after sunset and thirty (30) minutes before sunrise.

(d) No person under sixteen (16) years of age shall operate a personal watercraft on the waters of this state, except: (1) A person at least twelve (12) years of age may operate a personal watercraft if a person at least eighteen (18) years of age is aboard the vessel who: (A) Was born before January 1, 1986, or has a valid boater education certificate; and (B) Is in a position to take immediate control of the vessel; or (2) A person under twelve (12) years of age may operate a personal watercraft if a person at least twenty-one (21) years of age is aboard the vessel who: (A) Was born before January 1, 1986, or has a valid boater education certificate; and (B) Is in a position to take immediate control of the vessel.

(1) A person at least twelve (12) years of age may operate a personal watercraft if a person at least eighteen (18) years of age is aboard the vessel who: (A) Was born before January 1, 1986, or has a valid boater education certificate; and (B) Is in a position to take immediate control of the vessel; or

(A) Was born before January 1, 1986, or has a valid boater education certificate; and

(B) Is in a position to take immediate control of the vessel; or

(2) A person under twelve (12) years of age may operate a personal watercraft if a person at least twenty-one (21) years of age is aboard the vessel who: (A) Was born before January 1, 1986, or has a valid boater education certificate; and (B) Is in a position to take immediate control of the vessel.

(A) Was born before January 1, 1986, or has a valid boater education certificate; and

(B) Is in a position to take immediate control of the vessel.

(e) (1) Every personal watercraft shall at all times be operated in a reasonable and prudent manner. No person shall operate a personal watercraft in an unsafe or reckless manner. (2) Unsafe personal watercraft operation shall include but not be limited to the following: (A) Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet (100') of the vessel creating the wake; (B) Weaving through congested traffic; (C) Operating at greater than slow no-wake speed within one hundred feet (100') of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfer, person engaged in angling, or any manually propelled vessel; and (D) (i) Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft. (ii) For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions.

(1) Every personal watercraft shall at all times be operated in a reasonable and prudent manner. No person shall operate a personal watercraft in an unsafe or reckless manner.

(2) Unsafe personal watercraft operation shall include but not be limited to the following: (A) Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet (100') of the vessel creating the wake; (B) Weaving through congested traffic; (C) Operating at greater than slow no-wake speed within one hundred feet (100') of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfer, person engaged in angling, or any manually propelled vessel; and (D) (i) Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft. (ii) For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions.

(A) Becoming airborne or completely leaving the water while crossing the wake of another vessel within one hundred feet (100') of the vessel creating the wake;

(B) Weaving through congested traffic;

(C) Operating at greater than slow no-wake speed within one hundred feet (100') of an anchored or moored vessel, shoreline, dock, pier, swim float, marked swim area, swimmer, surfer, person engaged in angling, or any manually propelled vessel; and

(D) (i) Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft. (ii) For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions.

(i) Operating contrary to the rules of the road or following too close to another vessel, including another personal watercraft.

(ii) For the purposes of this section, following too close shall be construed as proceeding in the same direction and operating at a speed in excess of ten miles per hour (10 m.p.h.) when approaching within one hundred feet (100') to the rear or fifty feet (50') to the side of another motorboat or sailboat which is underway unless such vessel is operating in a channel too narrow to keep the required distance, in which case a personal watercraft may be operated at a speed which is reasonable and prudent for the existing conditions.

(f) No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit the personal watercraft to be operated in violation of this subchapter.

Amended by Act 2015, No. 694,§ 4, eff. 7/22/2015.

Acts 1999, No. 756, § 2; 2009, No. 693, § 3.
Ark. Code Ann. § 27-35-211 — AR Code / Title 27 / Chapter 35 / Subchapter 2 / Section 27-35-211
Disposition of fees and penalties
Status: in_force

All fees and penalties collected under the provisions of §§ 27-35-202 and 27-35-210 shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Highway and Transportation Department Fund. Amended by Act 2015, No. 594,§ 1, eff. 7/22/2015. Acts 1971, No. 264, § 7; A.S.A. 1947, § 75-834; Acts 2005, No. 1934, § 22.

All fees and penalties collected under the provisions of §§ 27-35-202 and 27-35-210 shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by that section for deposit into the State Highway and Transportation Department Fund.

Amended by Act 2015, No. 594,§ 1, eff. 7/22/2015.

Acts 1971, No. 264, § 7; A.S.A. 1947, § 75-834; Acts 2005, No. 1934, § 22.
Ark. Code Ann. § 27-102-101 — AR Code / Title 27 / Chapter 102 / Section 27-102-101
Right to take up property lost or wrecked on river
Status: in_force

When any boat, vessel, raft, or other property shall be lost or wrecked and in a perishable condition upon any river in this state, or any river making a boundary of the state, any person may take up and secure it at or near the place where found. Rev. Stat., ch. 134, § 1; C. & M. Dig., § 8733; Pope's Dig., § 11426; A.S.A. 1947, § 21-301.

When any boat, vessel, raft, or other property shall be lost or wrecked and in a perishable condition upon any river in this state, or any river making a boundary of the state, any person may take up and secure it at or near the place where found.

Rev. Stat., ch. 134, § 1; C. & M. Dig., § 8733; Pope's Dig., § 11426; A.S.A. 1947, § 21-301.
Ark. Code Ann. § 27-19-502 — AR Code / Title 27 / Chapter 19 / Subchapter 5 / Section 27-19-502
Form of report
Status: in_force

The form of accident report prescribed by the Office of Driver Services shall contain information sufficient to enable the Office of Driver Services to determine whether the requirements for the deposit of security under this chapter are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter. Acts 1953, No. 347, § 19; 1963, No. 180, § 1; 1973, No. 585, § 1; A.S.A. 1947, § 75-1419.

The form of accident report prescribed by the Office of Driver Services shall contain information sufficient to enable the Office of Driver Services to determine whether the requirements for the deposit of security under this chapter are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter.

Acts 1953, No. 347, § 19; 1963, No. 180, § 1; 1973, No. 585, § 1; A.S.A. 1947, § 75-1419.
Ark. Code Ann. § 27-101-904 — AR Code / Title 27 / Chapter 101 / Subchapter 9 / Section 27-101-904
Warning required
Status: in_force

An outfitter shall post and maintain signage in a clearly visible location at or near areas where the outfitter conducts paddlesport activities and in black letters at least one inch (1") high containing the following warning: "WARNING - Under Arkansas law, an outfitter is not liable for the injury or death of a participant in a paddlesport activity resulting from the inherent risk of paddlesport activity under the Arkansas Paddlesport Activities Act, Arkansas Code § 27-101-901 et seq. You are assuming the risk of participating in a paddlesport activity." Added by Act 2013, No. 221,§ 2, eff. 8/16/2013.

An outfitter shall post and maintain signage in a clearly visible location at or near areas where the outfitter conducts paddlesport activities and in black letters at least one inch (1") high containing the following warning:

"WARNING - Under Arkansas law, an outfitter is not liable for the injury or death of a participant in a paddlesport activity resulting from the inherent risk of paddlesport activity under the Arkansas Paddlesport Activities Act, Arkansas Code § 27-101-901 et seq. You are assuming the risk of participating in a paddlesport activity."

Added by Act 2013, No. 221,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 27-16-804 — AR Code / Title 27 / Chapter 16 / Subchapter 8 / Section 27-16-804
Restricted licenses, learner's licenses, and intermediate licenses - Definitions
Status: in_force

(a) The Office of Driver Services, upon issuing any driver's license, shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the Office of Driver Services may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. (b) (1) The Office of Driver Services may either issue a special restricted license or may set forth restrictions upon the usual license form. (2) (A) (i) Upon the showing of need, the Office of Driver Services may waive any age restriction set forth in this chapter. (ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section. (B) (i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who: (a) Is at least fourteen (14) years of age; and (b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months. (ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the motor vehicle wears his or her seat belts. (iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (iv) A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (v) The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (a) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (b) Driving to or from a school activity, church-related activity, or job; or (c) Driving due to an emergency. (C) The waiver of the age restrictions for need is subject to review upon a complaint from certain officials under subsection (d) of this section. (c) All licensees who have a tested uncorrected visual acuity of less than 20/40 shall be restricted to the operation of a motor vehicle, motorcycle, or motor-driven cycle only while they are wearing corrective lenses. No person shall be allowed to operate a motor vehicle, motorcycle, or a motor-driven cycle if he or she has a tested corrected visual acuity of less than 20/70 or if he or she has a field of vision less than one hundred forty degrees (140°) with two (2) functioning eyes or less than one hundred five degrees (105°) with one (1) functioning eye. (d) (1) The Office of Driver Services may, upon receiving satisfactory evidence of any violation of the restrictions of a license, suspend or revoke the license, but the licensees shall be entitled to a hearing as upon a suspension or revocation under this chapter. (2) (A) Upon receiving a complaint from a prosecuting attorney, a city attorney, or a certified law enforcement officer, the Office of Driver Services shall review the validity of any waiver of age restrictions based on need and any violations of restrictions placed on a license. (B) The licensee is entitled to a hearing, which the complaining official may attend, to review the need of the waiver or any violations of the restrictions of the license. (C) The Office of Driver Services shall suspend or revoke the waiver if there is evidence that the need for the waiver has changed or is no longer valid or that the licensee violated any of the restrictions of the license. (e) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her. (f) (1) The Office of Driver Services shall have authority to issue a restricted driver's license, to be known as a "learner's license", to those persons under sixteen (16) years of age. (2) The learner's license shall be issued only to an applicant with a valid instruction permit who is at least fourteen (14) years of age, who has remained free of a serious accident and conviction of a serious traffic violation in the previous six (6) months, and who meets all other licensing examinations requirements of this chapter. (3) The driver with a learner's license shall operate the motor vehicle on the public streets and highways only when: (A) All passengers in the vehicle are wearing their seat belts at all times; and (B) The driver with a learner's license is being accompanied by a driver over twenty-one (21) years of age. (4) (A) A driver with a learner's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (B) As used in this subdivision (f)(4), "emergency purpose" means the driver: (i) Has reason to fear for his or her life, safety, or property; (ii) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (iii) Is reporting: (a) A fire; (b) A traffic accident; (c) A serious road hazard; (d) A medical emergency; (e) A hazardous materials emergency; (f) Another driver who is recklessly, carelessly, or unsafely driving; or (g) Another driver who appears to be driving under the influence of drugs or alcohol. (C) This subdivision (f)(4) is not retroactive and applies only to a person who: (i) Applies for a learner's license after July 1, 2002; and (ii) Is issued a learner's license after July 1, 2002. (g) (1) (A) The Office of Driver Services shall have authority to issue to those persons under eighteen (18) years of age a restricted driver's license to be known as an "intermediate driver's license". (B) The intermediate driver's license shall be issued only to an applicant with a valid instruction permit or a learner's license who is at least sixteen (16) years of age, who has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months, and who meets all other licensing examination requirements of this chapter. (C) The driver with an intermediate driver's license shall operate the motor vehicle on the public streets and highways only when all passengers in the vehicle are wearing their seat belts. (D) (i) A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (ii) As used in this subdivision (g)(1)(D), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (E) (i) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. (ii) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (F) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (i) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (ii) Driving to or from a school activity, church-related activity, or job; or (iii) Driving because of an emergency. (2) Subdivisions (g)(1)(D)-(F) of this section are not retroactive and apply only to a person who: (A) Applies for an intermediate license after July 1, 2002; and (B) Is issued an intermediate license after July 1, 2002. Amended by Act 2015, No. 696,§ 3, eff. 7/22/2015. Acts 1937, No. 280, § 20; Pope's Dig., § 6844; Acts 1969, No. 350, § 1; 1977, No. 863, § 2; A.S.A. 1947, § 75-324; Acts 1989, No. 193, § 4; 1993, No. 445, § 22; 1997, No. 478, § 2; 2001, No. 1694, § 7; 2003, No. 268, §§ 1, 2; 2009, No. 308, §§ 1, 4; 2009, No. 394, §§ 1, 2, 3; 2009, No. 807, § 1.

(a) The Office of Driver Services, upon issuing any driver's license, shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or other restrictions applicable to the licensee as the Office of Driver Services may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.

(b) (1) The Office of Driver Services may either issue a special restricted license or may set forth restrictions upon the usual license form. (2) (A) (i) Upon the showing of need, the Office of Driver Services may waive any age restriction set forth in this chapter. (ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section. (B) (i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who: (a) Is at least fourteen (14) years of age; and (b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months. (ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the motor vehicle wears his or her seat belts. (iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (iv) A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (v) The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (a) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (b) Driving to or from a school activity, church-related activity, or job; or (c) Driving due to an emergency. (C) The waiver of the age restrictions for need is subject to review upon a complaint from certain officials under subsection (d) of this section.

(1) The Office of Driver Services may either issue a special restricted license or may set forth restrictions upon the usual license form.

(2) (A) (i) Upon the showing of need, the Office of Driver Services may waive any age restriction set forth in this chapter. (ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section. (B) (i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who: (a) Is at least fourteen (14) years of age; and (b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months. (ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the motor vehicle wears his or her seat belts. (iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (iv) A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (v) The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (a) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (b) Driving to or from a school activity, church-related activity, or job; or (c) Driving due to an emergency. (C) The waiver of the age restrictions for need is subject to review upon a complaint from certain officials under subsection (d) of this section.

(A) (i) Upon the showing of need, the Office of Driver Services may waive any age restriction set forth in this chapter. (ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section.

(i) Upon the showing of need, the Office of Driver Services may waive any age restriction set forth in this chapter.

(ii) However, every driver under eighteen (18) years of age is at a minimum subject to the restrictions set out in subdivision (b)(2)(B) of this section.

(B) (i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who: (a) Is at least fourteen (14) years of age; and (b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months. (ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the motor vehicle wears his or her seat belts. (iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (iv) A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (v) The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (a) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (b) Driving to or from a school activity, church-related activity, or job; or (c) Driving due to an emergency.

(i) A license shall be issued only to an applicant with a valid instruction permit or learner's license who: (a) Is at least fourteen (14) years of age; and (b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months.

(a) Is at least fourteen (14) years of age; and

(b) Has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months.

(ii) A driver shall operate the motor vehicle on the public streets and highways only when each passenger in the motor vehicle wears his or her seat belts.

(iii) The driver shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. As used in this subdivision (b)(2)(B)(iii), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol.

(a) Has reason to fear for his or her life, safety, or property;

(b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or

(c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol.

(1) A fire;

(2) A traffic accident;

(3) A serious road hazard;

(4) A medical emergency;

(5) A hazardous materials emergency;

(6) Another driver who is recklessly, carelessly, or unsafely driving; or

(7) Another driver who appears to be driving under the influence of drugs or alcohol.

(iv) A driver shall not operate a motor vehicle on public streets or highways with any unrelated minor passengers in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. As used in this subsection, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver.

(a) A sibling of the driver;

(b) A stepsibling of the driver; or

(c) A child who resides in the same household as the driver.

(v) The driver shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (a) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (b) Driving to or from a school activity, church-related activity, or job; or (c) Driving due to an emergency.

(a) Accompanied by a licensed driver who is twenty-one (21) years of age or older;

(b) Driving to or from a school activity, church-related activity, or job; or

(c) Driving due to an emergency.

(C) The waiver of the age restrictions for need is subject to review upon a complaint from certain officials under subsection (d) of this section.

(c) All licensees who have a tested uncorrected visual acuity of less than 20/40 shall be restricted to the operation of a motor vehicle, motorcycle, or motor-driven cycle only while they are wearing corrective lenses. No person shall be allowed to operate a motor vehicle, motorcycle, or a motor-driven cycle if he or she has a tested corrected visual acuity of less than 20/70 or if he or she has a field of vision less than one hundred forty degrees (140°) with two (2) functioning eyes or less than one hundred five degrees (105°) with one (1) functioning eye.

(d) (1) The Office of Driver Services may, upon receiving satisfactory evidence of any violation of the restrictions of a license, suspend or revoke the license, but the licensees shall be entitled to a hearing as upon a suspension or revocation under this chapter. (2) (A) Upon receiving a complaint from a prosecuting attorney, a city attorney, or a certified law enforcement officer, the Office of Driver Services shall review the validity of any waiver of age restrictions based on need and any violations of restrictions placed on a license. (B) The licensee is entitled to a hearing, which the complaining official may attend, to review the need of the waiver or any violations of the restrictions of the license. (C) The Office of Driver Services shall suspend or revoke the waiver if there is evidence that the need for the waiver has changed or is no longer valid or that the licensee violated any of the restrictions of the license.

(1) The Office of Driver Services may, upon receiving satisfactory evidence of any violation of the restrictions of a license, suspend or revoke the license, but the licensees shall be entitled to a hearing as upon a suspension or revocation under this chapter.

(2) (A) Upon receiving a complaint from a prosecuting attorney, a city attorney, or a certified law enforcement officer, the Office of Driver Services shall review the validity of any waiver of age restrictions based on need and any violations of restrictions placed on a license. (B) The licensee is entitled to a hearing, which the complaining official may attend, to review the need of the waiver or any violations of the restrictions of the license. (C) The Office of Driver Services shall suspend or revoke the waiver if there is evidence that the need for the waiver has changed or is no longer valid or that the licensee violated any of the restrictions of the license.

(A) Upon receiving a complaint from a prosecuting attorney, a city attorney, or a certified law enforcement officer, the Office of Driver Services shall review the validity of any waiver of age restrictions based on need and any violations of restrictions placed on a license.

(B) The licensee is entitled to a hearing, which the complaining official may attend, to review the need of the waiver or any violations of the restrictions of the license.

(C) The Office of Driver Services shall suspend or revoke the waiver if there is evidence that the need for the waiver has changed or is no longer valid or that the licensee violated any of the restrictions of the license.

(e) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him or her.

(f) (1) The Office of Driver Services shall have authority to issue a restricted driver's license, to be known as a "learner's license", to those persons under sixteen (16) years of age. (2) The learner's license shall be issued only to an applicant with a valid instruction permit who is at least fourteen (14) years of age, who has remained free of a serious accident and conviction of a serious traffic violation in the previous six (6) months, and who meets all other licensing examinations requirements of this chapter. (3) The driver with a learner's license shall operate the motor vehicle on the public streets and highways only when: (A) All passengers in the vehicle are wearing their seat belts at all times; and (B) The driver with a learner's license is being accompanied by a driver over twenty-one (21) years of age. (4) (A) A driver with a learner's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (B) As used in this subdivision (f)(4), "emergency purpose" means the driver: (i) Has reason to fear for his or her life, safety, or property; (ii) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (iii) Is reporting: (a) A fire; (b) A traffic accident; (c) A serious road hazard; (d) A medical emergency; (e) A hazardous materials emergency; (f) Another driver who is recklessly, carelessly, or unsafely driving; or (g) Another driver who appears to be driving under the influence of drugs or alcohol. (C) This subdivision (f)(4) is not retroactive and applies only to a person who: (i) Applies for a learner's license after July 1, 2002; and (ii) Is issued a learner's license after July 1, 2002.

(1) The Office of Driver Services shall have authority to issue a restricted driver's license, to be known as a "learner's license", to those persons under sixteen (16) years of age.

(2) The learner's license shall be issued only to an applicant with a valid instruction permit who is at least fourteen (14) years of age, who has remained free of a serious accident and conviction of a serious traffic violation in the previous six (6) months, and who meets all other licensing examinations requirements of this chapter.

(3) The driver with a learner's license shall operate the motor vehicle on the public streets and highways only when: (A) All passengers in the vehicle are wearing their seat belts at all times; and (B) The driver with a learner's license is being accompanied by a driver over twenty-one (21) years of age.

(A) All passengers in the vehicle are wearing their seat belts at all times; and

(B) The driver with a learner's license is being accompanied by a driver over twenty-one (21) years of age.

(4) (A) A driver with a learner's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (B) As used in this subdivision (f)(4), "emergency purpose" means the driver: (i) Has reason to fear for his or her life, safety, or property; (ii) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (iii) Is reporting: (a) A fire; (b) A traffic accident; (c) A serious road hazard; (d) A medical emergency; (e) A hazardous materials emergency; (f) Another driver who is recklessly, carelessly, or unsafely driving; or (g) Another driver who appears to be driving under the influence of drugs or alcohol. (C) This subdivision (f)(4) is not retroactive and applies only to a person who: (i) Applies for a learner's license after July 1, 2002; and (ii) Is issued a learner's license after July 1, 2002.

(A) A driver with a learner's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose.

(B) As used in this subdivision (f)(4), "emergency purpose" means the driver: (i) Has reason to fear for his or her life, safety, or property; (ii) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (iii) Is reporting: (a) A fire; (b) A traffic accident; (c) A serious road hazard; (d) A medical emergency; (e) A hazardous materials emergency; (f) Another driver who is recklessly, carelessly, or unsafely driving; or (g) Another driver who appears to be driving under the influence of drugs or alcohol.

(i) Has reason to fear for his or her life, safety, or property;

(ii) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or

(iii) Is reporting: (a) A fire; (b) A traffic accident; (c) A serious road hazard; (d) A medical emergency; (e) A hazardous materials emergency; (f) Another driver who is recklessly, carelessly, or unsafely driving; or (g) Another driver who appears to be driving under the influence of drugs or alcohol.

(a) A fire;

(b) A traffic accident;

(c) A serious road hazard;

(d) A medical emergency;

(e) A hazardous materials emergency;

(f) Another driver who is recklessly, carelessly, or unsafely driving; or

(g) Another driver who appears to be driving under the influence of drugs or alcohol.

(C) This subdivision (f)(4) is not retroactive and applies only to a person who: (i) Applies for a learner's license after July 1, 2002; and (ii) Is issued a learner's license after July 1, 2002.

(i) Applies for a learner's license after July 1, 2002; and

(ii) Is issued a learner's license after July 1, 2002.

(g) (1) (A) The Office of Driver Services shall have authority to issue to those persons under eighteen (18) years of age a restricted driver's license to be known as an "intermediate driver's license". (B) The intermediate driver's license shall be issued only to an applicant with a valid instruction permit or a learner's license who is at least sixteen (16) years of age, who has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months, and who meets all other licensing examination requirements of this chapter. (C) The driver with an intermediate driver's license shall operate the motor vehicle on the public streets and highways only when all passengers in the vehicle are wearing their seat belts. (D) (i) A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (ii) As used in this subdivision (g)(1)(D), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (E) (i) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. (ii) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (F) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (i) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (ii) Driving to or from a school activity, church-related activity, or job; or (iii) Driving because of an emergency. (2) Subdivisions (g)(1)(D)-(F) of this section are not retroactive and apply only to a person who: (A) Applies for an intermediate license after July 1, 2002; and (B) Is issued an intermediate license after July 1, 2002.

(1) (A) The Office of Driver Services shall have authority to issue to those persons under eighteen (18) years of age a restricted driver's license to be known as an "intermediate driver's license". (B) The intermediate driver's license shall be issued only to an applicant with a valid instruction permit or a learner's license who is at least sixteen (16) years of age, who has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months, and who meets all other licensing examination requirements of this chapter. (C) The driver with an intermediate driver's license shall operate the motor vehicle on the public streets and highways only when all passengers in the vehicle are wearing their seat belts. (D) (i) A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (ii) As used in this subdivision (g)(1)(D), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol. (E) (i) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. (ii) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver. (F) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (i) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (ii) Driving to or from a school activity, church-related activity, or job; or (iii) Driving because of an emergency.

(A) The Office of Driver Services shall have authority to issue to those persons under eighteen (18) years of age a restricted driver's license to be known as an "intermediate driver's license".

(B) The intermediate driver's license shall be issued only to an applicant with a valid instruction permit or a learner's license who is at least sixteen (16) years of age, who has remained free of a serious accident and conviction of a serious traffic violation for at least the previous six (6) months, and who meets all other licensing examination requirements of this chapter.

(C) The driver with an intermediate driver's license shall operate the motor vehicle on the public streets and highways only when all passengers in the vehicle are wearing their seat belts.

(D) (i) A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose. (ii) As used in this subdivision (g)(1)(D), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol.

(i) A driver with an intermediate driver's license shall not use a cellular telephone device or other interactive wireless communication device while operating a motor vehicle except for an emergency purpose.

(ii) As used in this subdivision (g)(1)(D), "emergency purpose" means the driver: (a) Has reason to fear for his or her life, safety, or property; (b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or (c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol.

(a) Has reason to fear for his or her life, safety, or property;

(b) Reasonably believes that a criminal act may be perpetrated against him or her, his or her property, another person, or another person's property; or

(c) Is reporting: (1) A fire; (2) A traffic accident; (3) A serious road hazard; (4) A medical emergency; (5) A hazardous materials emergency; (6) Another driver who is recklessly, carelessly, or unsafely driving; or (7) Another driver who appears to be driving under the influence of drugs or alcohol.

(1) A fire;

(2) A traffic accident;

(3) A serious road hazard;

(4) A medical emergency;

(5) A hazardous materials emergency;

(6) Another driver who is recklessly, carelessly, or unsafely driving; or

(7) Another driver who appears to be driving under the influence of drugs or alcohol.

(E) (i) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle. (ii) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver.

(i) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the driver is accompanied by a licensed driver who is twenty-one (21) years of age or older and who is occupying the front passenger seat of the motor vehicle.

(ii) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (a) A sibling of the driver; (b) A stepsibling of the driver; or (c) A child who resides in the same household as the driver.

(a) A sibling of the driver;

(b) A stepsibling of the driver; or

(c) A child who resides in the same household as the driver.

(F) A driver with an intermediate driver's license shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the driver is: (i) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (ii) Driving to or from a school activity, church-related activity, or job; or (iii) Driving because of an emergency.

(i) Accompanied by a licensed driver who is twenty-one (21) years of age or older;

(ii) Driving to or from a school activity, church-related activity, or job; or

(iii) Driving because of an emergency.

(2) Subdivisions (g)(1)(D)-(F) of this section are not retroactive and apply only to a person who: (A) Applies for an intermediate license after July 1, 2002; and (B) Is issued an intermediate license after July 1, 2002.

(A) Applies for an intermediate license after July 1, 2002; and

(B) Is issued an intermediate license after July 1, 2002.

Amended by Act 2015, No. 696,§ 3, eff. 7/22/2015.

Acts 1937, No. 280, § 20; Pope's Dig., § 6844; Acts 1969, No. 350, § 1; 1977, No. 863, § 2; A.S.A. 1947, § 75-324; Acts 1989, No. 193, § 4; 1993, No. 445, § 22; 1997, No. 478, § 2; 2001, No. 1694, § 7; 2003, No. 268, §§ 1, 2; 2009, No. 308, §§ 1, 4; 2009, No. 394, §§ 1, 2, 3; 2009, No. 807, § 1.
Ark. Code Ann. § 27-101-1005 — AR Code / Title 27 / Chapter 101 / Subchapter 10 / Section 27-101-1005
Lost or damaged certificates
Status: in_force

(a) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the motorboat for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate certificate of title if the conditions of this section are satisfied. (b) The following information shall be included in the application: (1) The year, make, model, hull identification number, and motor or engine serial number if applicable; (2) The name of a lienholder; (3) A release if the applicant claims that the lien has been released; and (4) Other information required by the Office of Motor Vehicle. (c) In addition to the application referred to in subsection (a) of this section, the following fees are imposed and shall be paid to the Office of Motor Vehicle at the time that application for issuance of a duplicate certificate of title is made: (1) A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and (2) A certificate of title fee of two dollars ($2.00) per motorboat. (d) (1) The certificate of title application fee collected under subsection (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees. (2) (A) A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203 . (B) The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows: (i) Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and (ii) Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System. (e) The Office of Motor Vehicle may issue a duplicate certificate of title without notice to a lienholder if the records of the Office of Motor Vehicle do not show that a lien exists against the motorboat. (f) (1) (A) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (B) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien. (2) (A) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate certificate of title without recording the name of the lienholder. (B) If the lienholder timely responds indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees. (g) Upon issuance of any duplicate certificate of title, the previous certificate of title shall be void. Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.

(a) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the motorboat for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate certificate of title if the conditions of this section are satisfied.

(b) The following information shall be included in the application: (1) The year, make, model, hull identification number, and motor or engine serial number if applicable; (2) The name of a lienholder; (3) A release if the applicant claims that the lien has been released; and (4) Other information required by the Office of Motor Vehicle.

(1) The year, make, model, hull identification number, and motor or engine serial number if applicable;

(2) The name of a lienholder;

(3) A release if the applicant claims that the lien has been released; and

(4) Other information required by the Office of Motor Vehicle.

(c) In addition to the application referred to in subsection (a) of this section, the following fees are imposed and shall be paid to the Office of Motor Vehicle at the time that application for issuance of a duplicate certificate of title is made: (1) A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and (2) A certificate of title fee of two dollars ($2.00) per motorboat.

(1) A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and

(2) A certificate of title fee of two dollars ($2.00) per motorboat.

(d) (1) The certificate of title application fee collected under subsection (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees. (2) (A) A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203 . (B) The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows: (i) Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and (ii) Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.

(1) The certificate of title application fee collected under subsection (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.

(2) (A) A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203 . (B) The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows: (i) Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and (ii) Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.

(A) A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§ 19-5-202 and 19-5-203 .

(B) The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows: (i) Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and (ii) Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.

(i) Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and

(ii) Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.

(e) The Office of Motor Vehicle may issue a duplicate certificate of title without notice to a lienholder if the records of the Office of Motor Vehicle do not show that a lien exists against the motorboat.

(f) (1) (A) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (B) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien. (2) (A) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate certificate of title without recording the name of the lienholder. (B) If the lienholder timely responds indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees.

(1) (A) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (B) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien.

(A) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder.

(B) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien.

(2) (A) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate certificate of title without recording the name of the lienholder. (B) If the lienholder timely responds indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees.

(A) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate certificate of title without recording the name of the lienholder.

(B) If the lienholder timely responds indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees.

(g) Upon issuance of any duplicate certificate of title, the previous certificate of title shall be void.

Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 27-22-202 — AR Code / Title 27 / Chapter 22 / Subchapter 2 / Section 27-22-202
Definitions
Status: in_force

As used in this subchapter: (1) "Certificate of insurance" means a document issued by an insurer or its authorized representative showing that a specific vehicle is insured as required under § 27-22-104 ; (2) "Commercial automobile liability insurance policy" means an insurance policy: (A) That is written on either a commercial coverage or other commercially rated personal policy form, including without limitation a commercial auto, garage, or truckers form, and that is not dependent on the type, number, or ownership of vehicle or entity covered or insured; and (B) That insures vehicles not identified individually by a vehicle identification number on the policy; (3) "Dealer" means a person dealing in buying, selling, exchanging, advertising, or negotiating the sale of motor vehicles and licensed under §§ 27-14-104 and 27-14-601 ; and (4) "Insurer" means a motor vehicle insurance company licensed or authorized to do business in this state. Amended by Act 2019, No. 869,§ 9, eff. 7/24/2019. Added by Act 2017, No. 1016,§ 2, eff. 1/1/2019.

As used in this subchapter:

(1) "Certificate of insurance" means a document issued by an insurer or its authorized representative showing that a specific vehicle is insured as required under § 27-22-104 ;

(2) "Commercial automobile liability insurance policy" means an insurance policy: (A) That is written on either a commercial coverage or other commercially rated personal policy form, including without limitation a commercial auto, garage, or truckers form, and that is not dependent on the type, number, or ownership of vehicle or entity covered or insured; and (B) That insures vehicles not identified individually by a vehicle identification number on the policy;

(A) That is written on either a commercial coverage or other commercially rated personal policy form, including without limitation a commercial auto, garage, or truckers form, and that is not dependent on the type, number, or ownership of vehicle or entity covered or insured; and

(B) That insures vehicles not identified individually by a vehicle identification number on the policy;

(3) "Dealer" means a person dealing in buying, selling, exchanging, advertising, or negotiating the sale of motor vehicles and licensed under §§ 27-14-104 and 27-14-601 ; and

(4) "Insurer" means a motor vehicle insurance company licensed or authorized to do business in this state.

Amended by Act 2019, No. 869,§ 9, eff. 7/24/2019.

Added by Act 2017, No. 1016,§ 2, eff. 1/1/2019.
Ark. Code Ann. § 27-19-104 — AR Code / Title 27 / Chapter 19 / Subchapter 1 / Section 27-19-104
Provisions deemed supplemental
Status: in_force

This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto. Acts 1953, No. 347, § 89; A.S.A. 1947, § 75-1489.

This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.

Acts 1953, No. 347, § 89; A.S.A. 1947, § 75-1489.
Ark. Code Ann. § 27-23-131 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-131
Prohibition against use of hand-held mobile telephone while driving commercial motor vehicle - Definition
Status: in_force

(a) (1) For purposes of this section, "driving" means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. (2) For purposes of this section, "driving" does not include operating a commercial motor vehicle if the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (b) (1) A driver shall not use a hand-held mobile telephone while driving a commercial motor vehicle. (2) However, use of a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service. (c) A motor carrier shall not allow or require a driver to use a hand-held mobile telephone while driving a commercial motor vehicle. (d) A person who is convicted of violating this section is guilty of a violation. Added by Act 2013, No. 758,§ 21, eff. 9/1/2013.

(a) (1) For purposes of this section, "driving" means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. (2) For purposes of this section, "driving" does not include operating a commercial motor vehicle if the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

(1) For purposes of this section, "driving" means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

(2) For purposes of this section, "driving" does not include operating a commercial motor vehicle if the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

(b) (1) A driver shall not use a hand-held mobile telephone while driving a commercial motor vehicle. (2) However, use of a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service.

(1) A driver shall not use a hand-held mobile telephone while driving a commercial motor vehicle.

(2) However, use of a hand-held mobile telephone is permissible by a driver of a commercial motor vehicle when necessary to communicate with a law enforcement official or other emergency service.

(c) A motor carrier shall not allow or require a driver to use a hand-held mobile telephone while driving a commercial motor vehicle.

(d) A person who is convicted of violating this section is guilty of a violation.

Added by Act 2013, No. 758,§ 21, eff. 9/1/2013.
Ark. Code Ann. § 27-51-1409 — AR Code / Title 27 / Chapter 51 / Subchapter 14 / Section 27-51-1409
Operation of motor vehicles on approach of funeral procession
Status: in_force

(a) A person driving a motor vehicle that is not a part of a funeral procession shall not: (1) Drive between the motor vehicles of a funeral procession while the motor vehicles are in motion; (2) Join a funeral procession for the purpose of securing the right-of-way allowed by § 27-49-113(c)(1) ; (3) Pass a funeral procession on a multiple-lane highway on the right side of the funeral procession unless the funeral procession is in the leftmost lane; or (4) Enter an intersection when a funeral procession is proceeding through a red official traffic control signal as permitted by § 27-49-113(c)(1) unless the driver of the motor vehicle enters the intersection without crossing the path of the funeral procession. (b) Upon conviction, a person who violates this section is guilty of a violation and may be fined not more than two hundred fifty dollars ($250). Added by Act 2017, No. 816,§ 4, eff. 8/1/2017.

(a) A person driving a motor vehicle that is not a part of a funeral procession shall not: (1) Drive between the motor vehicles of a funeral procession while the motor vehicles are in motion; (2) Join a funeral procession for the purpose of securing the right-of-way allowed by § 27-49-113(c)(1) ; (3) Pass a funeral procession on a multiple-lane highway on the right side of the funeral procession unless the funeral procession is in the leftmost lane; or (4) Enter an intersection when a funeral procession is proceeding through a red official traffic control signal as permitted by § 27-49-113(c)(1) unless the driver of the motor vehicle enters the intersection without crossing the path of the funeral procession.

(1) Drive between the motor vehicles of a funeral procession while the motor vehicles are in motion;

(2) Join a funeral procession for the purpose of securing the right-of-way allowed by § 27-49-113(c)(1) ;

(3) Pass a funeral procession on a multiple-lane highway on the right side of the funeral procession unless the funeral procession is in the leftmost lane; or

(4) Enter an intersection when a funeral procession is proceeding through a red official traffic control signal as permitted by § 27-49-113(c)(1) unless the driver of the motor vehicle enters the intersection without crossing the path of the funeral procession.

(b) Upon conviction, a person who violates this section is guilty of a violation and may be fined not more than two hundred fifty dollars ($250).

Added by Act 2017, No. 816,§ 4, eff. 8/1/2017.
Ark. Code Ann. § 27-24-703 — AR Code / Title 27 / Chapter 24 / Subchapter 7 / Section 27-24-703
Members of Senate
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall each year cause to be prepared thirty-nine (39) special license plates for members and selected staff of the Senate and deliver them to the Secretary of the Senate for distribution. (2) The special license plates shall be numbered consecutively "1" - "37". (b) Upon each of the special license plates there shall appear the word "Senator" in addition to other identification information as the Secretary of the Department of Finance and Administration with the approval of the Senate Efficiency Committee and subject to the approval of the Senate. (c) (1) The special license plate numbered "1" shall be reserved for the President Pro Tempore of the Senate. (2) On or before January 15 of each odd-numbered year, the Secretary of the Senate as directed by the Senate Efficiency Committee shall furnish the Secretary of the Department of Finance and Administration with a list of the names of members of the Senate and shall designate the special license plate number that shall be reserved for each member of the Senate. (3) (A) The words "President Pro Tem" shall appear on special license plate number "1". (B) The words "Secretary of the Senate" shall appear on special license plate number "36". (C) The words "Senate Chief of Staff" shall appear on special license plate number "37". (D) (i) The word "Senator" shall appear on the standard Senate special license plate numbers "1" through "35". (ii) The assignment of the numbers "1" through "35" shall be made by the Senate Efficiency Committee. (d) A member of the Senate who desires to obtain special license plates may obtain them by applying to the Secretary of the Department of Finance and Administration upon forms to be provided by him or her and upon the payment of all taxes and fees that may be due. Amended by Act 2019, No. 910,§ 4730, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4729, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4728, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4727, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 31, eff. 8/1/2017. Acts 2005, No. 2202, § 1.

(a) (1) The Secretary of the Department of Finance and Administration shall each year cause to be prepared thirty-nine (39) special license plates for members and selected staff of the Senate and deliver them to the Secretary of the Senate for distribution. (2) The special license plates shall be numbered consecutively "1" - "37".

(1) The Secretary of the Department of Finance and Administration shall each year cause to be prepared thirty-nine (39) special license plates for members and selected staff of the Senate and deliver them to the Secretary of the Senate for distribution.

(2) The special license plates shall be numbered consecutively "1" - "37".

(b) Upon each of the special license plates there shall appear the word "Senator" in addition to other identification information as the Secretary of the Department of Finance and Administration with the approval of the Senate Efficiency Committee and subject to the approval of the Senate.

(c) (1) The special license plate numbered "1" shall be reserved for the President Pro Tempore of the Senate. (2) On or before January 15 of each odd-numbered year, the Secretary of the Senate as directed by the Senate Efficiency Committee shall furnish the Secretary of the Department of Finance and Administration with a list of the names of members of the Senate and shall designate the special license plate number that shall be reserved for each member of the Senate. (3) (A) The words "President Pro Tem" shall appear on special license plate number "1". (B) The words "Secretary of the Senate" shall appear on special license plate number "36". (C) The words "Senate Chief of Staff" shall appear on special license plate number "37". (D) (i) The word "Senator" shall appear on the standard Senate special license plate numbers "1" through "35". (ii) The assignment of the numbers "1" through "35" shall be made by the Senate Efficiency Committee.

(1) The special license plate numbered "1" shall be reserved for the President Pro Tempore of the Senate.

(2) On or before January 15 of each odd-numbered year, the Secretary of the Senate as directed by the Senate Efficiency Committee shall furnish the Secretary of the Department of Finance and Administration with a list of the names of members of the Senate and shall designate the special license plate number that shall be reserved for each member of the Senate.

(3) (A) The words "President Pro Tem" shall appear on special license plate number "1". (B) The words "Secretary of the Senate" shall appear on special license plate number "36". (C) The words "Senate Chief of Staff" shall appear on special license plate number "37". (D) (i) The word "Senator" shall appear on the standard Senate special license plate numbers "1" through "35". (ii) The assignment of the numbers "1" through "35" shall be made by the Senate Efficiency Committee.

(A) The words "President Pro Tem" shall appear on special license plate number "1".

(B) The words "Secretary of the Senate" shall appear on special license plate number "36".

(C) The words "Senate Chief of Staff" shall appear on special license plate number "37".

(D) (i) The word "Senator" shall appear on the standard Senate special license plate numbers "1" through "35". (ii) The assignment of the numbers "1" through "35" shall be made by the Senate Efficiency Committee.

(i) The word "Senator" shall appear on the standard Senate special license plate numbers "1" through "35".

(ii) The assignment of the numbers "1" through "35" shall be made by the Senate Efficiency Committee.

(d) A member of the Senate who desires to obtain special license plates may obtain them by applying to the Secretary of the Department of Finance and Administration upon forms to be provided by him or her and upon the payment of all taxes and fees that may be due.

Amended by Act 2019, No. 910,§ 4730, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4729, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4728, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4727, eff. 7/1/2019.

Amended by Act 2017, No. 448,§ 31, eff. 8/1/2017.

Acts 2005, No. 2202, § 1.