Ark. Code Ann. § 27-23-103 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-103
Definitions
Status: in_force

As used in this subchapter: (1) "Alcohol" or "alcoholic beverage" means: (A) Ethyl alcohol, or ethanol; (B) Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore; (C) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or (D) Distilled spirits, alcoholic spirits, and spirits, which are defined as those substances known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced; (2) "Blood alcohol concentration" means: (A) The number of grams of alcohol per one hundred milliliters (100 ml) of blood; (B) The number of grams of alcohol per two hundred ten liters (210 l) of breath; or (C) Blood and breath quantitative measures in accordance with the current Arkansas Regulations for Alcohol Testing promulgated by the Department of Health; (3) "Commerce" means: (A) Trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; and (B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subdivision (3)(A) of this section; (4) "Commercial driver license" means a license issued in accordance with the requirements of this subchapter to an individual which authorizes the individual to drive a class of commercial motor vehicle; (5) "Commercial Driver License Information System" means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers; (6) "Commercial driver license record" means the electronic record of an individual commercial driver license holder's driver status and history stored by the Office of Driver Services as part of the Commercial Driver License Information System established under 49 U.S.C. § 31309 , as in effect on January 1, 2011; (7) (A) "Commercial learner's permit" means a permit issued in accordance with the requirements of 49 C.F.R. part 383, as in effect on January 1, 2013, to an individual, that, when carried with a valid driver license authorizes the person to operate a class of a commercial motor vehicle when accompanied by a holder of a valid commercial driver license for purposes of behind-the-wheel training. (B) When issued to a commercial driver license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver license is not valid; (8) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a: (A) Combination Vehicle (Group A) - having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; (B) Heavy Straight Vehicle (Group B) - having a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or (C) Small Vehicle (Group C) that does not meet Group A or B requirements under subdivision (8)(A) and (B) of this section but that either: (i) Is designed to transport sixteen (16) or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials; (9) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I-VI of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (10) "Conviction" or "convicted" means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine, court cost, or court order, or violation of a condition of release without bail, regardless of whether or not the penalty was rebated, suspended, or prorated; (11) "Disqualification" means any of the following three (3) actions: (A) The suspension, revocation, or cancellation of a commercial driver license or commercial learner's permit by the Office of Driver Services or jurisdiction of issuance; (B) A withdrawal of a person's privileges to drive a commercial motor vehicle by the Office of Driver Services or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control except for parking, vehicle weight, or vehicle defect violations; or (C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle; (12) "Downgrade" means the removal of commercial driving privileges from a commercial driver license or commercial learner's permit by the Office of Driver Services; (13) "Drive" means to drive, operate, or be in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic; (14) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic; (15) "Driver applicant" or "applicant" means any person who has applied to obtain, transfer, upgrade, or renew a commercial driver license or to obtain or renew a commercial learner's permit; (16) "Driver license" means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle; (17) "Driving a commercial motor vehicle while under the influence of alcohol" means committing any one (1) or more of the following acts in a commercial motor vehicle: (A) Driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more; (B) Driving or boating while intoxicated in violation of § 5-65-103 ; or (C) Refusal to undergo such testing as is required by § 5-65-202 ; (18) "Electronic device" means a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text; (19) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle; (20) "Endorsement" means an authorization to a person's commercial learner's permit or commercial driver license required to permit the person to operate certain types of commercial motor vehicles; (21) "Excepted interstate" means a driver or applicant who operates or expects to operate a commercial motor vehicle in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f) , 391.2 , 391.68 , or 398.3 , as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, as in effect on January 1, 2011, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011; (22) "Excepted intrastate" means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f) , 391.2 , 391.68 , or 398.3 , as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011; (23) "Fatality" means the death of a person as a result of a motor vehicle accident; (24) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year; (25) "Foreign jurisdiction" means any jurisdiction other than a state of the United States; (26) (A) "Gross combination weight rating" means the greater of: (i) The value specified by the manufacturer of the power unit, if such value is displayed on the federal motor vehicle safety standards certification label required by the National Highway Traffic Safety Administration; or (ii) The sum of the gross vehicle weight rating or the gross vehicle weight of the power unit and towed unit or units, or any combination thereof, that produces the highest value. (B) The gross combination weight rating of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle; (27) "Gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle; (28) "Hazardous materials" means: (A) Any material that: (i) Has been designated as hazardous under 49 U.S.C. § 5103 , as in effect on January 1, 2009; and (ii) Is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2009; or (B) Any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as in effect on January 1, 2009; (29) "Imminent hazard" means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment; (30) (A) "Manual transmission" means a transmission using a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot. (B) "Manual transmission" does not include semiautomatic transmissions or automatic transmissions that are considered automatic for the purposes of the standardized restriction code; (31) (A) "Medical examiner" means a person who is licensed, certified, or registered under applicable state laws and regulations to perform physical examinations. (B) "Medical examiner" includes without limitation a doctor of medicine, a doctor of osteopathy, a physician's assistant, an advanced practice nurse, and a doctor of chiropractic; (32) "Medical variance" means the receipt by a driver of one (1) of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate: (A) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C, as in effect on January 1, 2011, or 49 C.F.R. § 391.64 , as in effect on January 1, 2011; and (B) A skill performance evaluation certificate permitting operation of a commercial motor vehicle under 49 C.F.R. § 391.49 , as in effect on January 1, 2011; (33) (A) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3 , as in effect on January 1, 2013. (B) "Mobile telephone" does not include two-way or citizens band radio services; (34) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that the term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail; (35) "Noncommercial driver license" or "non-CDL" means any other type of motor vehicle license, such as an automobile driver license, a chauffeur's license, or a motorcycle license; (36) "Nondomiciled commercial learner's permit" or "nondomiciled commercial driver license" means a commercial learner's permit or commercial driver license, respectively, issued by a state or other jurisdiction under either of the following two (2) conditions: (A) To a person domiciled in a foreign country meeting the requirements of 49 C.F.R. § 383.23(b)(1) , as in effect on January 1, 2013; or (B) To a person domiciled in another state meeting the requirements of 49 C.F.R. § 383.23(b)(2) , as in effect on January 1, 2013; (37) "Nonexcepted interstate" means a driver or applicant who: (A) Operates or expects to operate a commercial motor vehicle in interstate commerce; (B) Is subject to and meets the qualification requirements under 49 C.F.R. part 391, as in effect on January 1, 2011; and (C) Is required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011; (38) "Nonexcepted intrastate" means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but does not engage exclusively in transportation or operations as provided in 49 C.F.R. §§ 390.3(f) , 391.2 , 391.68 , or 398.3 , as in effect on January 1, 2011, and is therefore required to obtain a medical examiner's certificate; (39) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver or motor carrier is temporarily prohibited from operating a commercial motor vehicle pursuant to § 27-23-113 or compatible laws, or that a commercial motor vehicle may not be operated; (40) (A) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. (B) "School bus" does not include a bus used as a common carrier; (41) "Serious traffic violation" means a conviction when operating a commercial motor vehicle of: (A) Excessive speeding, involving a single offense for a speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit; (B) Reckless driving as defined by state or local law or regulation, including without limitation offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property; (C) Improper or erratic traffic lane changes; (D) Following the vehicle ahead too closely; (E) (i) A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation. (ii) Serious traffic violations shall not include weight or defect violations; (F) Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver license; (G) (i) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver license in the driver's possession. (ii) An individual who by the date the individual must appear in court or pay any fine for a violation under this subdivision (41)(G) provides proof to the enforcement authority that issued the citation that the individual held a valid commercial driver license on the date the citation was issued shall not be guilty of this offense; (H) Driving a commercial vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; (I) Driving while texting; or (J) Using a hand-held mobile telephone while driving; (42) "State" means a state of the United States and also means the District of Columbia; (43) (A) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rating capacity of more than one hundred nineteen gallons (119 gals.) and an aggregate rated capacity of one thousand gallons (1,000 gals.) or more that is either permanently or temporarily attached to the vehicle or chassis. (B) "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons (1,000 gals.) or more that is temporarily attached to a flatbed trailer; (44) (A) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. (B) "Texting" includes without limitation using a short message service, emailing, instant messaging, entering a command or request to access an internet page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication. (C) "Texting" does not include: (i) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; (ii) Inputting, selecting, or reading information on a global positioning system or navigation system; or (iii) Using a device capable of performing multiple functions, including without limitation a fleet management system, a dispatching device, a smart phone, a citizens band radio, or a music player, for a purpose that is not otherwise prohibited in 49 C.F.R. parts 383 or 392; (45) "Third-party skills test examiner" means a person employed by a third-party tester who is authorized by the Division of Arkansas State Police to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; (46) (A) "Third-party tester" means a person authorized by the Division of Arkansas State Police to employ skills test examiners to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013. (B) A "third-party tester" may include without limitation another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government; (47) "United States" means the fifty (50) states and the District of Columbia; and (48) "Use of a hand-held mobile telephone" means: (A) Using at least one (1) hand to hold a mobile telephone to conduct a voice communication; (B) Dialing or answering a mobile telephone by pressing more than a single button; or (C) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 , as in effect on January 1, 2013, and adjusted in accordance with the vehicle manufacturer's instructions. Amended by Act 2019, No. 738,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 463,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 463,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 34, eff. 7/22/2015. Amended by Act 2015, No. 578,§ 2, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 1, eff. 5/18/2015. Amended by Act 2013, No. 758,§ 11, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 10, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 9, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 8, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 7, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 6, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 5, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 4, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 3, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 2, eff. 7/8/2014. Amended by Act 2013, No. 758,§ 1, eff. 7/8/2014. Acts 1989, No. 241, § 3; 1991, No. 643, § 1; 1995, No. 921, §§ 1, 2; 1997, No. 892, §§ 1-3; 2003, No. 842, § 1; 2005, No. 879, § 2; 2007, No. 382, § 1; 2009, No. 456, §§ 5, 6; 2011, No. 352, §§ 1, 2.

As used in this subchapter:

(1) "Alcohol" or "alcoholic beverage" means: (A) Ethyl alcohol, or ethanol; (B) Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore; (C) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or (D) Distilled spirits, alcoholic spirits, and spirits, which are defined as those substances known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced;

(A) Ethyl alcohol, or ethanol;

(B) Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent (0.5%) or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefore;

(C) Wine of not less than one-half of one percent (0.5%) of alcohol by volume; or

(D) Distilled spirits, alcoholic spirits, and spirits, which are defined as those substances known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced;

(2) "Blood alcohol concentration" means: (A) The number of grams of alcohol per one hundred milliliters (100 ml) of blood; (B) The number of grams of alcohol per two hundred ten liters (210 l) of breath; or (C) Blood and breath quantitative measures in accordance with the current Arkansas Regulations for Alcohol Testing promulgated by the Department of Health;

(A) The number of grams of alcohol per one hundred milliliters (100 ml) of blood;

(B) The number of grams of alcohol per two hundred ten liters (210 l) of breath; or

(C) Blood and breath quantitative measures in accordance with the current Arkansas Regulations for Alcohol Testing promulgated by the Department of Health;

(3) "Commerce" means: (A) Trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; and (B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subdivision (3)(A) of this section;

(A) Trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of that state, including a place outside of the United States; and

(B) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in subdivision (3)(A) of this section;

(4) "Commercial driver license" means a license issued in accordance with the requirements of this subchapter to an individual which authorizes the individual to drive a class of commercial motor vehicle;

(5) "Commercial Driver License Information System" means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;

(6) "Commercial driver license record" means the electronic record of an individual commercial driver license holder's driver status and history stored by the Office of Driver Services as part of the Commercial Driver License Information System established under 49 U.S.C. § 31309 , as in effect on January 1, 2011;

(7) (A) "Commercial learner's permit" means a permit issued in accordance with the requirements of 49 C.F.R. part 383, as in effect on January 1, 2013, to an individual, that, when carried with a valid driver license authorizes the person to operate a class of a commercial motor vehicle when accompanied by a holder of a valid commercial driver license for purposes of behind-the-wheel training. (B) When issued to a commercial driver license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver license is not valid;

(A) "Commercial learner's permit" means a permit issued in accordance with the requirements of 49 C.F.R. part 383, as in effect on January 1, 2013, to an individual, that, when carried with a valid driver license authorizes the person to operate a class of a commercial motor vehicle when accompanied by a holder of a valid commercial driver license for purposes of behind-the-wheel training.

(B) When issued to a commercial driver license holder, a commercial learner's permit serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current commercial driver license is not valid;

(8) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a: (A) Combination Vehicle (Group A) - having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; (B) Heavy Straight Vehicle (Group B) - having a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or (C) Small Vehicle (Group C) that does not meet Group A or B requirements under subdivision (8)(A) and (B) of this section but that either: (i) Is designed to transport sixteen (16) or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials;

(A) Combination Vehicle (Group A) - having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater;

(B) Heavy Straight Vehicle (Group B) - having a gross vehicle weight rating or gross vehicle weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater; or

(C) Small Vehicle (Group C) that does not meet Group A or B requirements under subdivision (8)(A) and (B) of this section but that either: (i) Is designed to transport sixteen (16) or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials;

(i) Is designed to transport sixteen (16) or more passengers, including the driver; or

(ii) Is of any size and is used in the transportation of hazardous materials;

(9) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I-VI of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

(10) "Conviction" or "convicted" means an unvacated adjudication of guilt, a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine, court cost, or court order, or violation of a condition of release without bail, regardless of whether or not the penalty was rebated, suspended, or prorated;

(11) "Disqualification" means any of the following three (3) actions: (A) The suspension, revocation, or cancellation of a commercial driver license or commercial learner's permit by the Office of Driver Services or jurisdiction of issuance; (B) A withdrawal of a person's privileges to drive a commercial motor vehicle by the Office of Driver Services or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control except for parking, vehicle weight, or vehicle defect violations; or (C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle;

(A) The suspension, revocation, or cancellation of a commercial driver license or commercial learner's permit by the Office of Driver Services or jurisdiction of issuance;

(B) A withdrawal of a person's privileges to drive a commercial motor vehicle by the Office of Driver Services or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control except for parking, vehicle weight, or vehicle defect violations; or

(C) A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle;

(12) "Downgrade" means the removal of commercial driving privileges from a commercial driver license or commercial learner's permit by the Office of Driver Services;

(13) "Drive" means to drive, operate, or be in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic;

(14) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle on any public street or highway in the state or in any place open to the general public for purposes of vehicular traffic;

(15) "Driver applicant" or "applicant" means any person who has applied to obtain, transfer, upgrade, or renew a commercial driver license or to obtain or renew a commercial learner's permit;

(16) "Driver license" means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle;

(17) "Driving a commercial motor vehicle while under the influence of alcohol" means committing any one (1) or more of the following acts in a commercial motor vehicle: (A) Driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more; (B) Driving or boating while intoxicated in violation of § 5-65-103 ; or (C) Refusal to undergo such testing as is required by § 5-65-202 ;

(A) Driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more;

(B) Driving or boating while intoxicated in violation of § 5-65-103 ; or

(C) Refusal to undergo such testing as is required by § 5-65-202 ;

(18) "Electronic device" means a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text;

(19) "Employer" means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;

(20) "Endorsement" means an authorization to a person's commercial learner's permit or commercial driver license required to permit the person to operate certain types of commercial motor vehicles;

(21) "Excepted interstate" means a driver or applicant who operates or expects to operate a commercial motor vehicle in interstate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f) , 391.2 , 391.68 , or 398.3 , as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, as in effect on January 1, 2011, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011;

(22) "Excepted intrastate" means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but engages exclusively in transportation or operations excepted under 49 C.F.R. §§ 390.3(f) , 391.2 , 391.68 , or 398.3 , as in effect on January 1, 2011, from all or part of the qualification requirements of 49 C.F.R. part 391, and is therefore not required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011;

(23) "Fatality" means the death of a person as a result of a motor vehicle accident;

(24) "Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year;

(25) "Foreign jurisdiction" means any jurisdiction other than a state of the United States;

(26) (A) "Gross combination weight rating" means the greater of: (i) The value specified by the manufacturer of the power unit, if such value is displayed on the federal motor vehicle safety standards certification label required by the National Highway Traffic Safety Administration; or (ii) The sum of the gross vehicle weight rating or the gross vehicle weight of the power unit and towed unit or units, or any combination thereof, that produces the highest value. (B) The gross combination weight rating of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle;

(A) "Gross combination weight rating" means the greater of: (i) The value specified by the manufacturer of the power unit, if such value is displayed on the federal motor vehicle safety standards certification label required by the National Highway Traffic Safety Administration; or (ii) The sum of the gross vehicle weight rating or the gross vehicle weight of the power unit and towed unit or units, or any combination thereof, that produces the highest value.

(i) The value specified by the manufacturer of the power unit, if such value is displayed on the federal motor vehicle safety standards certification label required by the National Highway Traffic Safety Administration; or

(ii) The sum of the gross vehicle weight rating or the gross vehicle weight of the power unit and towed unit or units, or any combination thereof, that produces the highest value.

(B) The gross combination weight rating of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle;

(27) "Gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle;

(28) "Hazardous materials" means: (A) Any material that: (i) Has been designated as hazardous under 49 U.S.C. § 5103 , as in effect on January 1, 2009; and (ii) Is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2009; or (B) Any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as in effect on January 1, 2009;

(A) Any material that: (i) Has been designated as hazardous under 49 U.S.C. § 5103 , as in effect on January 1, 2009; and (ii) Is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2009; or

(i) Has been designated as hazardous under 49 U.S.C. § 5103 , as in effect on January 1, 2009; and

(ii) Is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2009; or

(B) Any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as in effect on January 1, 2009;

(29) "Imminent hazard" means the existence of a condition relating to hazardous material that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment;

(30) (A) "Manual transmission" means a transmission using a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot. (B) "Manual transmission" does not include semiautomatic transmissions or automatic transmissions that are considered automatic for the purposes of the standardized restriction code;

(A) "Manual transmission" means a transmission using a driver-operated clutch that is activated by a pedal or lever and a gear-shift mechanism operated by either hand or foot.

(B) "Manual transmission" does not include semiautomatic transmissions or automatic transmissions that are considered automatic for the purposes of the standardized restriction code;

(31) (A) "Medical examiner" means a person who is licensed, certified, or registered under applicable state laws and regulations to perform physical examinations. (B) "Medical examiner" includes without limitation a doctor of medicine, a doctor of osteopathy, a physician's assistant, an advanced practice nurse, and a doctor of chiropractic;

(A) "Medical examiner" means a person who is licensed, certified, or registered under applicable state laws and regulations to perform physical examinations.

(B) "Medical examiner" includes without limitation a doctor of medicine, a doctor of osteopathy, a physician's assistant, an advanced practice nurse, and a doctor of chiropractic;

(32) "Medical variance" means the receipt by a driver of one (1) of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate: (A) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C, as in effect on January 1, 2011, or 49 C.F.R. § 391.64 , as in effect on January 1, 2011; and (B) A skill performance evaluation certificate permitting operation of a commercial motor vehicle under 49 C.F.R. § 391.49 , as in effect on January 1, 2011;

(A) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. part 381, subpart C, as in effect on January 1, 2011, or 49 C.F.R. § 391.64 , as in effect on January 1, 2011; and

(B) A skill performance evaluation certificate permitting operation of a commercial motor vehicle under 49 C.F.R. § 391.49 , as in effect on January 1, 2011;

(33) (A) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3 , as in effect on January 1, 2013. (B) "Mobile telephone" does not include two-way or citizens band radio services;

(A) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 C.F.R. § 20.3 , as in effect on January 1, 2013.

(B) "Mobile telephone" does not include two-way or citizens band radio services;

(34) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that the term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail;

(35) "Noncommercial driver license" or "non-CDL" means any other type of motor vehicle license, such as an automobile driver license, a chauffeur's license, or a motorcycle license;

(36) "Nondomiciled commercial learner's permit" or "nondomiciled commercial driver license" means a commercial learner's permit or commercial driver license, respectively, issued by a state or other jurisdiction under either of the following two (2) conditions: (A) To a person domiciled in a foreign country meeting the requirements of 49 C.F.R. § 383.23(b)(1) , as in effect on January 1, 2013; or (B) To a person domiciled in another state meeting the requirements of 49 C.F.R. § 383.23(b)(2) , as in effect on January 1, 2013;

(A) To a person domiciled in a foreign country meeting the requirements of 49 C.F.R. § 383.23(b)(1) , as in effect on January 1, 2013; or

(B) To a person domiciled in another state meeting the requirements of 49 C.F.R. § 383.23(b)(2) , as in effect on January 1, 2013;

(37) "Nonexcepted interstate" means a driver or applicant who: (A) Operates or expects to operate a commercial motor vehicle in interstate commerce; (B) Is subject to and meets the qualification requirements under 49 C.F.R. part 391, as in effect on January 1, 2011; and (C) Is required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011;

(A) Operates or expects to operate a commercial motor vehicle in interstate commerce;

(B) Is subject to and meets the qualification requirements under 49 C.F.R. part 391, as in effect on January 1, 2011; and

(C) Is required to obtain a medical examiner's certificate by 49 C.F.R. § 391.45 , as in effect on January 1, 2011;

(38) "Nonexcepted intrastate" means a driver or applicant who operates or expects to operate a commercial motor vehicle exclusively in intrastate commerce but does not engage exclusively in transportation or operations as provided in 49 C.F.R. §§ 390.3(f) , 391.2 , 391.68 , or 398.3 , as in effect on January 1, 2011, and is therefore required to obtain a medical examiner's certificate;

(39) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver or motor carrier is temporarily prohibited from operating a commercial motor vehicle pursuant to § 27-23-113 or compatible laws, or that a commercial motor vehicle may not be operated;

(40) (A) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events. (B) "School bus" does not include a bus used as a common carrier;

(A) "School bus" means a commercial motor vehicle used to transport preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-sponsored events.

(B) "School bus" does not include a bus used as a common carrier;

(41) "Serious traffic violation" means a conviction when operating a commercial motor vehicle of: (A) Excessive speeding, involving a single offense for a speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit; (B) Reckless driving as defined by state or local law or regulation, including without limitation offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property; (C) Improper or erratic traffic lane changes; (D) Following the vehicle ahead too closely; (E) (i) A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation. (ii) Serious traffic violations shall not include weight or defect violations; (F) Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver license; (G) (i) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver license in the driver's possession. (ii) An individual who by the date the individual must appear in court or pay any fine for a violation under this subdivision (41)(G) provides proof to the enforcement authority that issued the citation that the individual held a valid commercial driver license on the date the citation was issued shall not be guilty of this offense; (H) Driving a commercial vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; (I) Driving while texting; or (J) Using a hand-held mobile telephone while driving;

(A) Excessive speeding, involving a single offense for a speed of fifteen miles per hour (15 m.p.h.) or more above the posted speed limit;

(B) Reckless driving as defined by state or local law or regulation, including without limitation offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;

(C) Improper or erratic traffic lane changes;

(D) Following the vehicle ahead too closely;

(E) (i) A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation. (ii) Serious traffic violations shall not include weight or defect violations;

(i) A violation, arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, other than a parking violation.

(ii) Serious traffic violations shall not include weight or defect violations;

(F) Driving a commercial motor vehicle without obtaining a commercial learner's permit or a commercial driver license;

(G) (i) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver license in the driver's possession. (ii) An individual who by the date the individual must appear in court or pay any fine for a violation under this subdivision (41)(G) provides proof to the enforcement authority that issued the citation that the individual held a valid commercial driver license on the date the citation was issued shall not be guilty of this offense;

(i) Driving a commercial motor vehicle without a commercial learner's permit or a commercial driver license in the driver's possession.

(ii) An individual who by the date the individual must appear in court or pay any fine for a violation under this subdivision (41)(G) provides proof to the enforcement authority that issued the citation that the individual held a valid commercial driver license on the date the citation was issued shall not be guilty of this offense;

(H) Driving a commercial vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported;

(I) Driving while texting; or

(J) Using a hand-held mobile telephone while driving;

(42) "State" means a state of the United States and also means the District of Columbia;

(43) (A) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rating capacity of more than one hundred nineteen gallons (119 gals.) and an aggregate rated capacity of one thousand gallons (1,000 gals.) or more that is either permanently or temporarily attached to the vehicle or chassis. (B) "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons (1,000 gals.) or more that is temporarily attached to a flatbed trailer;

(A) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rating capacity of more than one hundred nineteen gallons (119 gals.) and an aggregate rated capacity of one thousand gallons (1,000 gals.) or more that is either permanently or temporarily attached to the vehicle or chassis.

(B) "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons (1,000 gals.) or more that is temporarily attached to a flatbed trailer;

(44) (A) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. (B) "Texting" includes without limitation using a short message service, emailing, instant messaging, entering a command or request to access an internet page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication. (C) "Texting" does not include: (i) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; (ii) Inputting, selecting, or reading information on a global positioning system or navigation system; or (iii) Using a device capable of performing multiple functions, including without limitation a fleet management system, a dispatching device, a smart phone, a citizens band radio, or a music player, for a purpose that is not otherwise prohibited in 49 C.F.R. parts 383 or 392;

(A) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device.

(B) "Texting" includes without limitation using a short message service, emailing, instant messaging, entering a command or request to access an internet page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry for present or future communication.

(C) "Texting" does not include: (i) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; (ii) Inputting, selecting, or reading information on a global positioning system or navigation system; or (iii) Using a device capable of performing multiple functions, including without limitation a fleet management system, a dispatching device, a smart phone, a citizens band radio, or a music player, for a purpose that is not otherwise prohibited in 49 C.F.R. parts 383 or 392;

(i) Pressing a single button to initiate or terminate a voice communication using a mobile telephone;

(ii) Inputting, selecting, or reading information on a global positioning system or navigation system; or

(iii) Using a device capable of performing multiple functions, including without limitation a fleet management system, a dispatching device, a smart phone, a citizens band radio, or a music player, for a purpose that is not otherwise prohibited in 49 C.F.R. parts 383 or 392;

(45) "Third-party skills test examiner" means a person employed by a third-party tester who is authorized by the Division of Arkansas State Police to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013;

(46) (A) "Third-party tester" means a person authorized by the Division of Arkansas State Police to employ skills test examiners to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013. (B) A "third-party tester" may include without limitation another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government;

(A) "Third-party tester" means a person authorized by the Division of Arkansas State Police to employ skills test examiners to administer the commercial driver license skills tests specified in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013.

(B) A "third-party tester" may include without limitation another state, a motor carrier, a private driver training facility or other private institution, or a department, agency, or instrumentality of a local government;

(47) "United States" means the fifty (50) states and the District of Columbia; and

(48) "Use of a hand-held mobile telephone" means: (A) Using at least one (1) hand to hold a mobile telephone to conduct a voice communication; (B) Dialing or answering a mobile telephone by pressing more than a single button; or (C) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 , as in effect on January 1, 2013, and adjusted in accordance with the vehicle manufacturer's instructions.

(A) Using at least one (1) hand to hold a mobile telephone to conduct a voice communication;

(B) Dialing or answering a mobile telephone by pressing more than a single button; or

(C) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 C.F.R. § 393.93 , as in effect on January 1, 2013, and adjusted in accordance with the vehicle manufacturer's instructions.

Amended by Act 2019, No. 738,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 463,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 463,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 34, eff. 7/22/2015.

Amended by Act 2015, No. 578,§ 2, eff. 5/18/2015.

Amended by Act 2015, No. 578,§ 1, eff. 5/18/2015.

Amended by Act 2013, No. 758,§ 11, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 10, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 9, eff. 7/8/2014.

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

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

Amended by Act 2013, No. 758,§ 6, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 5, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 4, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 3, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 2, eff. 7/8/2014.

Amended by Act 2013, No. 758,§ 1, eff. 7/8/2014.

Acts 1989, No. 241, § 3; 1991, No. 643, § 1; 1995, No. 921, §§ 1, 2; 1997, No. 892, §§ 1-3; 2003, No. 842, § 1; 2005, No. 879, § 2; 2007, No. 382, § 1; 2009, No. 456, §§ 5, 6; 2011, No. 352, §§ 1, 2.
Ark. Code Ann. § 27-87-207 — AR Code / Title 27 / Chapter 87 / Subchapter 2 / Section 27-87-207
Tax - Failure to pay
Status: in_force

(a) It shall be the duty of the sheriff to present the licenses named in § 27-87-206 to the proper ferryman within twenty (20) days after they are issued. (b) If the amount is not paid, the sheriff shall retain the license. (c) Twenty (20) days thereafter, if the amount is still unpaid, it shall be the duty of the sheriff to levy on and sell the property of the ferrykeeper to satisfy the amount of the ferry tax, in the same manner and under the same restrictions as lands and tenements, goods, and chattels are required to be levied on and sold under executions on judgments at law. (d) If sufficient property of the ferrykeeper cannot be found to make the amount of his or her ferry tax, it shall be the duty of the sheriff to return a statement of the facts to the next term of the county court, whose duty it shall be to order a scire facias issued against the securities of the ferrykeeper, returnable to the next term of the court. (e) If sufficient cause shall not be shown to the contrary, the court shall order judgment against his or her securities for the amount found due with all costs. Acts 1843, §§ 4, 6, p. 109; C. & M. Dig., §§ 4710, 4711; Pope's Dig., §§ 5809, 5810; A.S.A. 1947, §§ 76-1711, 76-1712.

(a) It shall be the duty of the sheriff to present the licenses named in § 27-87-206 to the proper ferryman within twenty (20) days after they are issued.

(b) If the amount is not paid, the sheriff shall retain the license.

(c) Twenty (20) days thereafter, if the amount is still unpaid, it shall be the duty of the sheriff to levy on and sell the property of the ferrykeeper to satisfy the amount of the ferry tax, in the same manner and under the same restrictions as lands and tenements, goods, and chattels are required to be levied on and sold under executions on judgments at law.

(d) If sufficient property of the ferrykeeper cannot be found to make the amount of his or her ferry tax, it shall be the duty of the sheriff to return a statement of the facts to the next term of the county court, whose duty it shall be to order a scire facias issued against the securities of the ferrykeeper, returnable to the next term of the court.

(e) If sufficient cause shall not be shown to the contrary, the court shall order judgment against his or her securities for the amount found due with all costs.

Acts 1843, §§ 4, 6, p. 109; C. & M. Dig., §§ 4710, 4711; Pope's Dig., §§ 5809, 5810; A.S.A. 1947, §§ 76-1711, 76-1712.
Ark. Code Ann. § 27-50-304 — AR Code / Title 27 / Chapter 50 / Subchapter 3 / Section 27-50-304
Penalties for misdemeanors
Status: in_force

(a) It is a misdemeanor for any person to violate any of the provisions of this act unless the violation is by this act or other law of this state declared to be a felony. (b) Every person convicted of a misdemeanor for a violation of any of the provisions of this act for which another penalty is not provided shall: (1) For a first conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ten (10) days; (2) For a second conviction within one (1) year thereafter, the person shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment for not more than twenty (20) days, or by both fine and imprisonment; and (3) Upon a third or subsequent conviction within one (1) year after the first conviction, the person shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. Acts 1937, No. 300, § 151; Pope's Dig., § 6810; A.S.A. 1947, § 75-1004.

(a) It is a misdemeanor for any person to violate any of the provisions of this act unless the violation is by this act or other law of this state declared to be a felony.

(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this act for which another penalty is not provided shall: (1) For a first conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ten (10) days; (2) For a second conviction within one (1) year thereafter, the person shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment for not more than twenty (20) days, or by both fine and imprisonment; and (3) Upon a third or subsequent conviction within one (1) year after the first conviction, the person shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

(1) For a first conviction, be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for not more than ten (10) days;

(2) For a second conviction within one (1) year thereafter, the person shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment for not more than twenty (20) days, or by both fine and imprisonment; and

(3) Upon a third or subsequent conviction within one (1) year after the first conviction, the person shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

Acts 1937, No. 300, § 151; Pope's Dig., § 6810; A.S.A. 1947, § 75-1004.
Ark. Code Ann. § 27-16-604 — AR Code / Title 27 / Chapter 16 / Subchapter 6 / Section 27-16-604
Persons not to be licensed
Status: in_force

(a) The Office of Driver Services shall not issue any license under this chapter to any person: (1) As a noncommercial driver who is under eighteen (18) years of age, except that the Office of Driver Services may issue an intermediate license as provided to any person who is at least sixteen (16) years of age and a learner's permit license to any person who is at least fourteen (14) years of age. This age restriction does not apply to a person who is at least sixteen (16) years of age and: (A) Married; (B) Possesses a high school diploma; (C) Has successfully completed a high school equivalency test; or (D) Is enlisted in the United States Armed Forces; (2) As a commercial driver who is under eighteen (18) years of age; (3) As a commercial or noncommercial driver whose: (A) License to operate a motor vehicle has been suspended, in whole or in part, by this state or by any other state, during the suspension; or (B) License has been revoked, in whole or in part, by this state or by any other state, until the expiration of one (1) year after the license was revoked; (4) As a commercial or noncommercial driver who is a habitual drunkard, a habitual user of narcotic drugs, or a habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle; (5) As a commercial or noncommercial driver who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (6) As a commercial or noncommercial driver who is required by this chapter to take an examination, unless the person shall have successfully passed the examination; (7) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof; (8) Who is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/70 in the better eye or if the total visual field of the person is less than one hundred five degrees (105°); (9) Whose operation of a motor vehicle on the highways the Secretary of the Department of Finance and Administration has good cause to believe would be inimical to public safety or welfare; (10) Who is making an initial application for an Arkansas driver's license and who is not lawfully within the United States; (11) Who is a noncommercial driver between sixteen (16) and eighteen (18) years of age who has not possessed a restricted license, an instruction permit, or a combination of both a restricted license and an instruction permit for at least six (6) months; (12) Who is making an initial application for an Arkansas driver's license and cannot provide the information required under § 27-16-1105(a) ; or (13) Who is seeking an initial application or renewal of an Arkansas driver's license or photo identification and cannot show either an Arkansas driver's license or identification, two (2) primary documents, or one (1) primary and one (1) secondary document prescribed by the Department of Finance and Administration and updated as needed. (b) The Office of Driver Services is authorized to secure from all state agencies involved the necessary information to comply with the provisions of this section. (c) The department shall promulgate a list of documents acceptable under subdivision (a)(12) or subdivision (a)(13) of this section and post the list in each revenue office in the state. Amended by Act 2019, No. 910,§ 4647, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 25, eff. 8/1/2017. Amended by Act 2015, No. 1199,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1115,§ 31, eff. 7/22/2015. Amended by Act 2015, No. 696,§ 1, eff. 7/22/2015. Acts 1937, No. 280, § 9; Pope's Dig., § 6833; Acts 1959, No. 307, § 13; 1967, No. 339, § 1; 1969, No. 142, § 7; A.S.A. 1947, § 75-309; Acts 1989, No. 193, § 1; 1993, No. 445, § 13; 1997, No. 208, § 33; 1997, No. 1099, § 1; 1999, No. 25, § 1; 2001, No. 1694, § 1; 2001, No. 1812, §§ 2, 3; 2007, No. 444, § 1.

(a) The Office of Driver Services shall not issue any license under this chapter to any person: (1) As a noncommercial driver who is under eighteen (18) years of age, except that the Office of Driver Services may issue an intermediate license as provided to any person who is at least sixteen (16) years of age and a learner's permit license to any person who is at least fourteen (14) years of age. This age restriction does not apply to a person who is at least sixteen (16) years of age and: (A) Married; (B) Possesses a high school diploma; (C) Has successfully completed a high school equivalency test; or (D) Is enlisted in the United States Armed Forces; (2) As a commercial driver who is under eighteen (18) years of age; (3) As a commercial or noncommercial driver whose: (A) License to operate a motor vehicle has been suspended, in whole or in part, by this state or by any other state, during the suspension; or (B) License has been revoked, in whole or in part, by this state or by any other state, until the expiration of one (1) year after the license was revoked; (4) As a commercial or noncommercial driver who is a habitual drunkard, a habitual user of narcotic drugs, or a habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle; (5) As a commercial or noncommercial driver who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (6) As a commercial or noncommercial driver who is required by this chapter to take an examination, unless the person shall have successfully passed the examination; (7) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof; (8) Who is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/70 in the better eye or if the total visual field of the person is less than one hundred five degrees (105°); (9) Whose operation of a motor vehicle on the highways the Secretary of the Department of Finance and Administration has good cause to believe would be inimical to public safety or welfare; (10) Who is making an initial application for an Arkansas driver's license and who is not lawfully within the United States; (11) Who is a noncommercial driver between sixteen (16) and eighteen (18) years of age who has not possessed a restricted license, an instruction permit, or a combination of both a restricted license and an instruction permit for at least six (6) months; (12) Who is making an initial application for an Arkansas driver's license and cannot provide the information required under § 27-16-1105(a) ; or (13) Who is seeking an initial application or renewal of an Arkansas driver's license or photo identification and cannot show either an Arkansas driver's license or identification, two (2) primary documents, or one (1) primary and one (1) secondary document prescribed by the Department of Finance and Administration and updated as needed.

(1) As a noncommercial driver who is under eighteen (18) years of age, except that the Office of Driver Services may issue an intermediate license as provided to any person who is at least sixteen (16) years of age and a learner's permit license to any person who is at least fourteen (14) years of age. This age restriction does not apply to a person who is at least sixteen (16) years of age and: (A) Married; (B) Possesses a high school diploma; (C) Has successfully completed a high school equivalency test; or (D) Is enlisted in the United States Armed Forces;

(A) Married;

(B) Possesses a high school diploma;

(C) Has successfully completed a high school equivalency test; or

(D) Is enlisted in the United States Armed Forces;

(2) As a commercial driver who is under eighteen (18) years of age;

(3) As a commercial or noncommercial driver whose: (A) License to operate a motor vehicle has been suspended, in whole or in part, by this state or by any other state, during the suspension; or (B) License has been revoked, in whole or in part, by this state or by any other state, until the expiration of one (1) year after the license was revoked;

(A) License to operate a motor vehicle has been suspended, in whole or in part, by this state or by any other state, during the suspension; or

(B) License has been revoked, in whole or in part, by this state or by any other state, until the expiration of one (1) year after the license was revoked;

(4) As a commercial or noncommercial driver who is a habitual drunkard, a habitual user of narcotic drugs, or a habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle;

(5) As a commercial or noncommercial driver who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;

(6) As a commercial or noncommercial driver who is required by this chapter to take an examination, unless the person shall have successfully passed the examination;

(7) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;

(8) Who is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/70 in the better eye or if the total visual field of the person is less than one hundred five degrees (105°);

(9) Whose operation of a motor vehicle on the highways the Secretary of the Department of Finance and Administration has good cause to believe would be inimical to public safety or welfare;

(10) Who is making an initial application for an Arkansas driver's license and who is not lawfully within the United States;

(11) Who is a noncommercial driver between sixteen (16) and eighteen (18) years of age who has not possessed a restricted license, an instruction permit, or a combination of both a restricted license and an instruction permit for at least six (6) months;

(12) Who is making an initial application for an Arkansas driver's license and cannot provide the information required under § 27-16-1105(a) ; or

(13) Who is seeking an initial application or renewal of an Arkansas driver's license or photo identification and cannot show either an Arkansas driver's license or identification, two (2) primary documents, or one (1) primary and one (1) secondary document prescribed by the Department of Finance and Administration and updated as needed.

(b) The Office of Driver Services is authorized to secure from all state agencies involved the necessary information to comply with the provisions of this section.

(c) The department shall promulgate a list of documents acceptable under subdivision (a)(12) or subdivision (a)(13) of this section and post the list in each revenue office in the state.

Amended by Act 2019, No. 910,§ 4647, eff. 7/1/2019.

Amended by Act 2017, No. 448,§ 25, eff. 8/1/2017.

Amended by Act 2015, No. 1199,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 1115,§ 31, eff. 7/22/2015.

Amended by Act 2015, No. 696,§ 1, eff. 7/22/2015.

Acts 1937, No. 280, § 9; Pope's Dig., § 6833; Acts 1959, No. 307, § 13; 1967, No. 339, § 1; 1969, No. 142, § 7; A.S.A. 1947, § 75-309; Acts 1989, No. 193, § 1; 1993, No. 445, § 13; 1997, No. 208, § 33; 1997, No. 1099, § 1; 1999, No. 25, § 1; 2001, No. 1694, § 1; 2001, No. 1812, §§ 2, 3; 2007, No. 444, § 1.
Ark. Code Ann. § 27-14-311 — AR Code / Title 27 / Chapter 14 / Subchapter 3 / Section 27-14-311
Appeal of revocation by dealer
Status: in_force

(a) (1) Any dealer whose license or permit has been revoked by the Secretary of the Department of Finance and Administration may appeal to the circuit court of the county in which the dealer's license or permit was issued, within thirty (30) days, by filing a petition and bond as in other cases of appeal to the circuit court. (2) The bond shall be conditioned that the petitioner will perform the judgment of the circuit court. (3) The trial in the circuit court shall be held de novo. (b) If aggrieved by the judgment of the circuit court, the petitioner may appeal to the Arkansas Supreme Court as in other civil cases. (c) The bonds shall be approved by the clerk of the court as in other appeals in civil cases. Amended by Act 2019, No. 910,§ 4489, eff. 7/1/2019. Acts 1951, No. 150, § 2; A.S.A. 1947, § 75-180.2.

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

(1) Any dealer whose license or permit has been revoked by the Secretary of the Department of Finance and Administration may appeal to the circuit court of the county in which the dealer's license or permit was issued, within thirty (30) days, by filing a petition and bond as in other cases of appeal to the circuit court.

(2) The bond shall be conditioned that the petitioner will perform the judgment of the circuit court.

(3) The trial in the circuit court shall be held de novo.

(b) If aggrieved by the judgment of the circuit court, the petitioner may appeal to the Arkansas Supreme Court as in other civil cases.

(c) The bonds shall be approved by the clerk of the court as in other appeals in civil cases.

Amended by Act 2019, No. 910,§ 4489, eff. 7/1/2019.

Acts 1951, No. 150, § 2; A.S.A. 1947, § 75-180.2.
Ark. Code Ann. § 27-72-314 — AR Code / Title 27 / Chapter 72 / Subchapter 3 / Section 27-72-314
Disaster counties
Status: in_force

(a) (1) It is the intent and purpose of this section to make available moneys in the State Aid Road Fund to the credit of disaster counties to be used to restore and repair county bridges or roads which are destroyed or which have suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, and to provide, together with county funds, the necessary matching moneys required to enable the disaster counties to obtain federal disaster relief funds for the projects. (2) Only counties designated by the appropriate federal or state official as disaster counties for public assistance shall be authorized to use moneys in the fund under the matching provisions and for the purposes set forth in this section. (3) All other moneys deposited into the fund shall be used solely on the matching basis and for the purposes set forth in §§ 27-72-301 , 27-72-305 , 27-72-312 , 27-72-313 , and 27-72-315 . (b) (1) Notwithstanding the provisions of §§ 27-72-301 , 27-72-305 , 27-72-312 , 27-72-313 , and 27-72-315 , a county that has been determined by the appropriate federal or state official as being a disaster county for public assistance due to tornadoes, excessive rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, shall be eligible to receive state aid road funds credited to the account of the disaster county on a basis of ninety percent (90%) state aid road funds to not less than ten percent (10%) county matching funds. (2) Funds distributed to a disaster county under the special matching provisions of this subsection shall be used solely for the restoration or repair of county bridges or roads destroyed or which suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads. (c) In addition to the uses provided for in subsection (b) of this section, funds distributed to a disaster county under the matching provisions of this section may be used to provide the necessary matching funds required to match federal disaster relief funds available for the restoration or repair of county bridges or roads which are destroyed or extensively damaged as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads. Acts 1985, No. 255, §§ 1-3; A.S.A. 1947, §§ 76-472 -- 76-474; Acts 2003, No. 83, § 1; 2003, No. 1186, § 1.

(a) (1) It is the intent and purpose of this section to make available moneys in the State Aid Road Fund to the credit of disaster counties to be used to restore and repair county bridges or roads which are destroyed or which have suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, and to provide, together with county funds, the necessary matching moneys required to enable the disaster counties to obtain federal disaster relief funds for the projects. (2) Only counties designated by the appropriate federal or state official as disaster counties for public assistance shall be authorized to use moneys in the fund under the matching provisions and for the purposes set forth in this section. (3) All other moneys deposited into the fund shall be used solely on the matching basis and for the purposes set forth in §§ 27-72-301 , 27-72-305 , 27-72-312 , 27-72-313 , and 27-72-315 .

(1) It is the intent and purpose of this section to make available moneys in the State Aid Road Fund to the credit of disaster counties to be used to restore and repair county bridges or roads which are destroyed or which have suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, and to provide, together with county funds, the necessary matching moneys required to enable the disaster counties to obtain federal disaster relief funds for the projects.

(2) Only counties designated by the appropriate federal or state official as disaster counties for public assistance shall be authorized to use moneys in the fund under the matching provisions and for the purposes set forth in this section.

(3) All other moneys deposited into the fund shall be used solely on the matching basis and for the purposes set forth in §§ 27-72-301 , 27-72-305 , 27-72-312 , 27-72-313 , and 27-72-315 .

(b) (1) Notwithstanding the provisions of §§ 27-72-301 , 27-72-305 , 27-72-312 , 27-72-313 , and 27-72-315 , a county that has been determined by the appropriate federal or state official as being a disaster county for public assistance due to tornadoes, excessive rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, shall be eligible to receive state aid road funds credited to the account of the disaster county on a basis of ninety percent (90%) state aid road funds to not less than ten percent (10%) county matching funds. (2) Funds distributed to a disaster county under the special matching provisions of this subsection shall be used solely for the restoration or repair of county bridges or roads destroyed or which suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads.

(1) Notwithstanding the provisions of §§ 27-72-301 , 27-72-305 , 27-72-312 , 27-72-313 , and 27-72-315 , a county that has been determined by the appropriate federal or state official as being a disaster county for public assistance due to tornadoes, excessive rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, shall be eligible to receive state aid road funds credited to the account of the disaster county on a basis of ninety percent (90%) state aid road funds to not less than ten percent (10%) county matching funds.

(2) Funds distributed to a disaster county under the special matching provisions of this subsection shall be used solely for the restoration or repair of county bridges or roads destroyed or which suffered extensive damage as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads.

(c) In addition to the uses provided for in subsection (b) of this section, funds distributed to a disaster county under the matching provisions of this section may be used to provide the necessary matching funds required to match federal disaster relief funds available for the restoration or repair of county bridges or roads which are destroyed or extensively damaged as a result of tornadoes, heavy rainfall, flooding conditions, or other natural disasters occurring after December 1, 2002, regardless of whether the roads or bridges are a part of the state aid system of county roads.

Acts 1985, No. 255, §§ 1-3; A.S.A. 1947, §§ 76-472 -- 76-474; Acts 2003, No. 83, § 1; 2003, No. 1186, § 1.
Ark. Code Ann. § 27-49-213 — AR Code / Title 27 / Chapter 49 / Subchapter 2 / Section 27-49-213
[Repealed]
Status: repealed

Repealed by Act 2017, No. 448,§ 38, eff. 8/1/2017. Acts 1937, No. 300, § 15; Pope's Dig., § 6673; A.S.A. 1947, § 75-415.

Repealed by Act 2017, No. 448,§ 38, eff. 8/1/2017.

Acts 1937, No. 300, § 15; Pope's Dig., § 6673; A.S.A. 1947, § 75-415.
Ark. Code Ann. § 27-67-212 — AR Code / Title 27 / Chapter 67 / Subchapter 2 / Section 27-67-212
Changing or widening roads - Role of county court
Status: in_force

(a) The State Highway Commission may call upon the county court to change or widen, in the manner provided by § 14-298-121 , any state highway in the county where the state highway engineer deems it necessary for the purpose of constructing, improving, or maintaining the road. (b) In the event the county court should refuse to widen the road as requested, the commission may refuse to construct, improve, or maintain that portion of the road until a suitable right-of-way is provided. (c) This section and § 14-298-120 shall be cumulative to all existing laws and parts of laws and shall not be construed as to repeal any existing laws or part of laws unless they are in conflict herewith, and then only to the extent of the conflict. Acts 1965, No. 387, §§ 3, 4; A.S.A. 1947, §§ 76-928, 76-928n.

(a) The State Highway Commission may call upon the county court to change or widen, in the manner provided by § 14-298-121 , any state highway in the county where the state highway engineer deems it necessary for the purpose of constructing, improving, or maintaining the road.

(b) In the event the county court should refuse to widen the road as requested, the commission may refuse to construct, improve, or maintain that portion of the road until a suitable right-of-way is provided.

(c) This section and § 14-298-120 shall be cumulative to all existing laws and parts of laws and shall not be construed as to repeal any existing laws or part of laws unless they are in conflict herewith, and then only to the extent of the conflict.

Acts 1965, No. 387, §§ 3, 4; A.S.A. 1947, §§ 76-928, 76-928n.
Ark. Code Ann. § 27-51-902 — AR Code / Title 27 / Chapter 51 / Subchapter 9 / Section 27-51-902
Following fire apparatus
Status: in_force

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm. Acts 1937, No. 300, § 98; Pope's Dig., § 6755; A.S.A. 1947, § 75-655.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

Acts 1937, No. 300, § 98; Pope's Dig., § 6755; A.S.A. 1947, § 75-655.
Ark. Code Ann. § 27-24-1107 — AR Code / Title 27 / Chapter 24 / Subchapter 11 / Section 27-24-1107
Use of funds by college or university
Status: in_force

(a) (1) A participating college or university shall use all moneys collected under § 27-24-1106(b)(2) exclusively for the purpose of sponsoring college scholarships, for education programs in the field of agriculture, and for the benefit of the public. (2) Procedures and criteria used to determine the distribution of the moneys shall be established and followed by the college or university distributing the funds derived from the special license plate program under this subchapter. (b) Funds received from the special license plate program under this subchapter are supplementary and shall not be considered or used as income for purposes of reducing the general revenue appropriation to the college or university. Acts 2005, No. 2202, § 1.

(a) (1) A participating college or university shall use all moneys collected under § 27-24-1106(b)(2) exclusively for the purpose of sponsoring college scholarships, for education programs in the field of agriculture, and for the benefit of the public. (2) Procedures and criteria used to determine the distribution of the moneys shall be established and followed by the college or university distributing the funds derived from the special license plate program under this subchapter.

(1) A participating college or university shall use all moneys collected under § 27-24-1106(b)(2) exclusively for the purpose of sponsoring college scholarships, for education programs in the field of agriculture, and for the benefit of the public.

(2) Procedures and criteria used to determine the distribution of the moneys shall be established and followed by the college or university distributing the funds derived from the special license plate program under this subchapter.

(b) Funds received from the special license plate program under this subchapter are supplementary and shall not be considered or used as income for purposes of reducing the general revenue appropriation to the college or university.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-16-911 — AR Code / Title 27 / Chapter 16 / Subchapter 9 / Section 27-16-911
Surrender and replacement of license
Status: in_force

(a) The Office of Driver Services, upon suspending or revoking a license, shall require that the license be surrendered to the Office of Driver Services. (b) (1) At the end of the period of suspension, the Office of Driver Services shall issue a duplicate driver's license upon: (A) Proof that the licensee has satisfied all legal requirements for the re-issuance of a driver's license; and (B) Payment of the fees imposed by § 27-16-806(d) . (2) (A) If the end of the period of suspension falls within one (1) year of the date the driver's license is eligible to be renewed, the Office of Driver Services, at the discretion of the licensee, may renew the suspended license upon receipt of a completed application for renewal, payment of fees imposed under § 27-16-801 , and passage of the eyesight test required in § 27-16-704 . (B) If the driver elects to renew the suspended license instead of receiving a duplicate license, the driver shall not be required to pay the fees imposed by § 27-16-806(d) . (c) Payment of the fees imposed by § 27-16-806(d) shall not be required if the suspension or revocation of the license is reversed and the license is reinstated under § 5-65-402(d)(2)(B)(ii) . Amended by Act 2015, No. 176,§ 2, eff. 7/22/2015. Acts 1937, No. 280, § 32; Pope's Dig., § 6856; A.S.A. 1947, § 75-336; Acts 1993, No. 445, § 32.

(a) The Office of Driver Services, upon suspending or revoking a license, shall require that the license be surrendered to the Office of Driver Services.

(b) (1) At the end of the period of suspension, the Office of Driver Services shall issue a duplicate driver's license upon: (A) Proof that the licensee has satisfied all legal requirements for the re-issuance of a driver's license; and (B) Payment of the fees imposed by § 27-16-806(d) . (2) (A) If the end of the period of suspension falls within one (1) year of the date the driver's license is eligible to be renewed, the Office of Driver Services, at the discretion of the licensee, may renew the suspended license upon receipt of a completed application for renewal, payment of fees imposed under § 27-16-801 , and passage of the eyesight test required in § 27-16-704 . (B) If the driver elects to renew the suspended license instead of receiving a duplicate license, the driver shall not be required to pay the fees imposed by § 27-16-806(d) .

(1) At the end of the period of suspension, the Office of Driver Services shall issue a duplicate driver's license upon: (A) Proof that the licensee has satisfied all legal requirements for the re-issuance of a driver's license; and (B) Payment of the fees imposed by § 27-16-806(d) .

(A) Proof that the licensee has satisfied all legal requirements for the re-issuance of a driver's license; and

(B) Payment of the fees imposed by § 27-16-806(d) .

(2) (A) If the end of the period of suspension falls within one (1) year of the date the driver's license is eligible to be renewed, the Office of Driver Services, at the discretion of the licensee, may renew the suspended license upon receipt of a completed application for renewal, payment of fees imposed under § 27-16-801 , and passage of the eyesight test required in § 27-16-704 . (B) If the driver elects to renew the suspended license instead of receiving a duplicate license, the driver shall not be required to pay the fees imposed by § 27-16-806(d) .

(A) If the end of the period of suspension falls within one (1) year of the date the driver's license is eligible to be renewed, the Office of Driver Services, at the discretion of the licensee, may renew the suspended license upon receipt of a completed application for renewal, payment of fees imposed under § 27-16-801 , and passage of the eyesight test required in § 27-16-704 .

(B) If the driver elects to renew the suspended license instead of receiving a duplicate license, the driver shall not be required to pay the fees imposed by § 27-16-806(d) .

(c) Payment of the fees imposed by § 27-16-806(d) shall not be required if the suspension or revocation of the license is reversed and the license is reinstated under § 5-65-402(d)(2)(B)(ii) .

Amended by Act 2015, No. 176,§ 2, eff. 7/22/2015.

Acts 1937, No. 280, § 32; Pope's Dig., § 6856; A.S.A. 1947, § 75-336; Acts 1993, No. 445, § 32.
Ark. Code Ann. § 27-22-205 — AR Code / Title 27 / Chapter 22 / Subchapter 2 / Section 27-22-205
Responsibilities of insurer
Status: in_force

(a) An insurer shall: (1) Operate the online insurance verification system in cooperation with the Department of Finance and Administration; (2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period to be specified by the advisory group established under § 27-22-203 , allowing for the printing of renewal notices, online multiyear renewals, and renewals at all state revenue offices; (3) Maintain the web service as required under the online insurance verification system and as specified by the advisory group; (4) Provide data security for the type of information transferred, as required by the advisory group, that does not violate state or federal privacy laws; (5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this subchapter; (6) Provide an insured motor vehicle under an automobile insurance liability policy with an insurance card clearly indicating that the motor vehicle is insured under an automobile liability insurance policy in accordance with § 27-22-104 ; and (7) Allow access through the online insurance verification system to verify insurance status. (b) This section shall not prohibit an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this subchapter. Amended by Act 2019, No. 869,§ 15, eff. 7/24/2019. Amended by Act 2019, No. 869,§ 14, eff. 7/24/2019. Amended by Act 2019, No. 869,§ 13, eff. 7/24/2019. Added by Act 2017, No. 1016,§ 2, eff. 1/1/2019.

(a) An insurer shall: (1) Operate the online insurance verification system in cooperation with the Department of Finance and Administration; (2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period to be specified by the advisory group established under § 27-22-203 , allowing for the printing of renewal notices, online multiyear renewals, and renewals at all state revenue offices; (3) Maintain the web service as required under the online insurance verification system and as specified by the advisory group; (4) Provide data security for the type of information transferred, as required by the advisory group, that does not violate state or federal privacy laws; (5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this subchapter; (6) Provide an insured motor vehicle under an automobile insurance liability policy with an insurance card clearly indicating that the motor vehicle is insured under an automobile liability insurance policy in accordance with § 27-22-104 ; and (7) Allow access through the online insurance verification system to verify insurance status.

(1) Operate the online insurance verification system in cooperation with the Department of Finance and Administration;

(2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period to be specified by the advisory group established under § 27-22-203 , allowing for the printing of renewal notices, online multiyear renewals, and renewals at all state revenue offices;

(3) Maintain the web service as required under the online insurance verification system and as specified by the advisory group;

(4) Provide data security for the type of information transferred, as required by the advisory group, that does not violate state or federal privacy laws;

(5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this subchapter;

(6) Provide an insured motor vehicle under an automobile insurance liability policy with an insurance card clearly indicating that the motor vehicle is insured under an automobile liability insurance policy in accordance with § 27-22-104 ; and

(7) Allow access through the online insurance verification system to verify insurance status.

(b) This section shall not prohibit an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this subchapter.

Amended by Act 2019, No. 869,§ 15, eff. 7/24/2019.

Amended by Act 2019, No. 869,§ 14, eff. 7/24/2019.

Amended by Act 2019, No. 869,§ 13, eff. 7/24/2019.

Added by Act 2017, No. 1016,§ 2, eff. 1/1/2019.
Ark. Code Ann. § 27-14-308 — AR Code / Title 27 / Chapter 14 / Subchapter 3 / Section 27-14-308
Authority to suspend or revoke registration or certificate of title, etc
Status: in_force

The Office of Motor Vehicle is authorized to suspend or revoke the registration of a vehicle, a certificate of title, registration certificate, registration plate, or any nonresident or other permit in any of the following events: (1) When the Office of Motor Vehicle is satisfied that the registration or that the certificate, plate, or permit was fraudulently or erroneously issued; (2) When the Office of Motor Vehicle determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways; (3) When a registered vehicle has been dismantled or wrecked; (4) When the Office of Motor Vehicle determines that the required fee has not been paid and it is not paid upon reasonable notice and demand; (5) When a registration certificate, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued; (6) When the Office of Motor Vehicle determines that the owner has committed any offense under this chapter involving the registration or the certificate, plate, or permit to be suspended or revoked; (7) When the Office of Motor Vehicle is so authorized under any other provision of law; or (8) When the owner of a commercial truck is not authorized to operate by the Department of Transportation due to safety-related violations. Acts 1949, No. 142, § 79; A.S.A. 1947, § 75-179; Acts 2003, No. 854, § 1.

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

(1) When the Office of Motor Vehicle is satisfied that the registration or that the certificate, plate, or permit was fraudulently or erroneously issued;

(2) When the Office of Motor Vehicle determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;

(3) When a registered vehicle has been dismantled or wrecked;

(4) When the Office of Motor Vehicle determines that the required fee has not been paid and it is not paid upon reasonable notice and demand;

(5) When a registration certificate, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued;

(6) When the Office of Motor Vehicle determines that the owner has committed any offense under this chapter involving the registration or the certificate, plate, or permit to be suspended or revoked;

(7) When the Office of Motor Vehicle is so authorized under any other provision of law; or

(8) When the owner of a commercial truck is not authorized to operate by the Department of Transportation due to safety-related violations.

Acts 1949, No. 142, § 79; A.S.A. 1947, § 75-179; Acts 2003, No. 854, § 1.
Ark. Code Ann. § 27-24-1602 — AR Code / Title 27 / Chapter 24 / Subchapter 16 / Section 27-24-1602
Special license plates
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall accept requests from the Department of Parks, Heritage, and Tourism to create and issue special license plates under this subchapter. (2) The Department of Parks, Heritage, and Tourism shall submit with a request for a special license plate a proposed design for the approval of the secretary. (b) When considering a request from the Department of Parks, Heritage, and Tourism for a special license plate, the secretary shall consider the following factors: (1) The administrative cost to the Department of Finance and Administration for issuance of a Department of Parks, Heritage, and Tourism special license plate; and (2) The estimated demand for the special license plate requested by the Department of Parks, Heritage, and Tourism. (c) (1) If a request submitted under subsection (a) of this section is approved, the secretary shall determine: (A) The fee for the cost of initial orders of new designs for special license plates that shall be based on the cost of initial orders of new designs for special license plates; (B) The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or (C) The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of new designs for special license plates. (2) (A) The fee remitted under subdivision (c)(1) of this section shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (B) The fee remitted under subdivision (c)(1) of this section shall not be considered or credited to the division as direct revenue. Amended by Act 2019, No. 910,§ 4804, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4803, eff. 7/1/2019. Acts 2011, No. 292, § 1.

(a) (1) The Secretary of the Department of Finance and Administration shall accept requests from the Department of Parks, Heritage, and Tourism to create and issue special license plates under this subchapter. (2) The Department of Parks, Heritage, and Tourism shall submit with a request for a special license plate a proposed design for the approval of the secretary.

(1) The Secretary of the Department of Finance and Administration shall accept requests from the Department of Parks, Heritage, and Tourism to create and issue special license plates under this subchapter.

(2) The Department of Parks, Heritage, and Tourism shall submit with a request for a special license plate a proposed design for the approval of the secretary.

(b) When considering a request from the Department of Parks, Heritage, and Tourism for a special license plate, the secretary shall consider the following factors: (1) The administrative cost to the Department of Finance and Administration for issuance of a Department of Parks, Heritage, and Tourism special license plate; and (2) The estimated demand for the special license plate requested by the Department of Parks, Heritage, and Tourism.

(1) The administrative cost to the Department of Finance and Administration for issuance of a Department of Parks, Heritage, and Tourism special license plate; and

(2) The estimated demand for the special license plate requested by the Department of Parks, Heritage, and Tourism.

(c) (1) If a request submitted under subsection (a) of this section is approved, the secretary shall determine: (A) The fee for the cost of initial orders of new designs for special license plates that shall be based on the cost of initial orders of new designs for special license plates; (B) The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or (C) The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of new designs for special license plates. (2) (A) The fee remitted under subdivision (c)(1) of this section shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (B) The fee remitted under subdivision (c)(1) of this section shall not be considered or credited to the division as direct revenue.

(1) If a request submitted under subsection (a) of this section is approved, the secretary shall determine: (A) The fee for the cost of initial orders of new designs for special license plates that shall be based on the cost of initial orders of new designs for special license plates; (B) The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or (C) The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of new designs for special license plates.

(A) The fee for the cost of initial orders of new designs for special license plates that shall be based on the cost of initial orders of new designs for special license plates;

(B) The number of applications that must be received to cover the cost of the initial orders of new designs for special license plates; or

(C) The combination of subdivisions (c)(1)(A) and (B) of this section that must be received to cover the cost of the initial orders of new designs for special license plates.

(2) (A) The fee remitted under subdivision (c)(1) of this section shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (B) The fee remitted under subdivision (c)(1) of this section shall not be considered or credited to the division as direct revenue.

(A) The fee remitted under subdivision (c)(1) of this section shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited as supplemental and in addition to all other funds that may be deposited for the benefit of the division.

(i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and

(ii) Credited as supplemental and in addition to all other funds that may be deposited for the benefit of the division.

(B) The fee remitted under subdivision (c)(1) of this section shall not be considered or credited to the division as direct revenue.

Amended by Act 2019, No. 910,§ 4804, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4803, eff. 7/1/2019.

Acts 2011, No. 292, § 1.
Ark. Code Ann. § 27-14-305 — AR Code / Title 27 / Chapter 14 / Subchapter 3 / Section 27-14-305
Penalty for using or making unofficial license plates - Definition
Status: in_force

(a) It shall be unlawful for the owner of any automobile, Class One truck, trailer or semitrailer, motorcycle, or motorcycle sidecar to display any license plate on the rear of the vehicle that is not furnished by the Secretary of the Department of Finance and Administration. (b) (1) It is unlawful for a person, firm, or corporation to reproduce, paint, or alter a license plate or registration card in this state. (2) For the purpose of this section, "license plate" means a plate designed to be affixed to the rear of a motor vehicle, including without limitation: (A) A plate advertising a new or used car dealership or other type of business; (B) A rental car company identification plate; or (C) A temporary cardboard buyer's tag under § 27-14-1705 . (3) For the purpose of this section, "reproduce, paint, or alter a license plate or registration card" does not include the: (A) Printing of a commercial motor vehicle registration card as authorized under § 27-14-613 ; or (B) Affixing of a decal bearing the commercial motor carrier's logo to a commercial motor vehicle's license plate if the decal has been authorized and approved by the secretary or the secretary's designee as authorized under § 27-14-613 . (c) Any person, firm, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Amended by Act 2019, No. 910,§ 4487, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4486, eff. 7/1/2019. Amended by Act 2017, No. 532,§ 4, eff. 3/20/2017. Acts 1929, No. 65, § 36; Pope's Dig., § 6636; Acts 1965, No. 493, § 8; A.S.A. 1947, § 75-236; Acts 2005, No. 1929, § 5; 2009, No. 186, § 1.

(a) It shall be unlawful for the owner of any automobile, Class One truck, trailer or semitrailer, motorcycle, or motorcycle sidecar to display any license plate on the rear of the vehicle that is not furnished by the Secretary of the Department of Finance and Administration.

(b) (1) It is unlawful for a person, firm, or corporation to reproduce, paint, or alter a license plate or registration card in this state. (2) For the purpose of this section, "license plate" means a plate designed to be affixed to the rear of a motor vehicle, including without limitation: (A) A plate advertising a new or used car dealership or other type of business; (B) A rental car company identification plate; or (C) A temporary cardboard buyer's tag under § 27-14-1705 . (3) For the purpose of this section, "reproduce, paint, or alter a license plate or registration card" does not include the: (A) Printing of a commercial motor vehicle registration card as authorized under § 27-14-613 ; or (B) Affixing of a decal bearing the commercial motor carrier's logo to a commercial motor vehicle's license plate if the decal has been authorized and approved by the secretary or the secretary's designee as authorized under § 27-14-613 .

(1) It is unlawful for a person, firm, or corporation to reproduce, paint, or alter a license plate or registration card in this state.

(2) For the purpose of this section, "license plate" means a plate designed to be affixed to the rear of a motor vehicle, including without limitation: (A) A plate advertising a new or used car dealership or other type of business; (B) A rental car company identification plate; or (C) A temporary cardboard buyer's tag under § 27-14-1705 .

(A) A plate advertising a new or used car dealership or other type of business;

(B) A rental car company identification plate; or

(C) A temporary cardboard buyer's tag under § 27-14-1705 .

(3) For the purpose of this section, "reproduce, paint, or alter a license plate or registration card" does not include the: (A) Printing of a commercial motor vehicle registration card as authorized under § 27-14-613 ; or (B) Affixing of a decal bearing the commercial motor carrier's logo to a commercial motor vehicle's license plate if the decal has been authorized and approved by the secretary or the secretary's designee as authorized under § 27-14-613 .

(A) Printing of a commercial motor vehicle registration card as authorized under § 27-14-613 ; or

(B) Affixing of a decal bearing the commercial motor carrier's logo to a commercial motor vehicle's license plate if the decal has been authorized and approved by the secretary or the secretary's designee as authorized under § 27-14-613 .

(c) Any person, firm, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Amended by Act 2019, No. 910,§ 4487, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4486, eff. 7/1/2019.

Amended by Act 2017, No. 532,§ 4, eff. 3/20/2017.

Acts 1929, No. 65, § 36; Pope's Dig., § 6636; Acts 1965, No. 493, § 8; A.S.A. 1947, § 75-236; Acts 2005, No. 1929, § 5; 2009, No. 186, § 1.
Ark. Code Ann. § 27-2-103 — AR Code / Title 27 / Chapter 2 / Section 27-2-103
Prohibited acts - Exceptions
Status: in_force

(a) It shall be unlawful for any person to knowingly: (1) Transport or cause to be transported within this state hazardous material in an immediate container which does not bear a label which provides an adequate warning; (2) Transport or cause to be transported within this state hazardous material in an immediate container without carrying adequate emergency equipment; (3) Transport or cause to be transported within this state a hazardous material in a container other than an adequate immediate container; (4) Fail to utilize adequate emergency equipment promptly and properly, to the extent possible without serious risk of personal injury, in order to deal with the escape of a hazardous material from its immediate container when the person is the operator of the transporting equipment; (5) Fail to notify the Division of Arkansas State Police as promptly as reasonably possible of the escape of a hazardous material from its immediate container when the person is the carrier or is the operator of the transporting equipment; or (6) Violate any rule promulgated by the State Highway Commission pursuant to this chapter. (b) (1) Any and all exceptions to the requirements contained in subsection (a) of this section allowed transporters of agricultural products, petroleum products, a material of trade, or any others, as set out in 49 C.F.R. pt. 173, including, but not limited to, 49 C.F.R. §§ 173.5 , 173.6 , and 173.8 , shall be allowable to the transporters provided that all the requirements to avail these transporters of those exemptions, which requirements are set out in these United States Department of Transportation regulations, are met by the transporters. (2) Further provided, if the United States Department of Transportation or the United States Congress adopts exceptions greater than those currently allowed transporters of hazardous materials in 49 C.F.R. pt. 173, the Arkansas Department of Transportation may adopt such comparable exemptions as are applicable to the transporters while utilizing the highways of this state. (c) The provisions of subdivision (a)(5) of this section shall not apply to persons while operating farm vehicles of whatever size upon agricultural land owned, leased, or rented by the persons or their employers. Amended by Act 2019, No. 315,§ 3081, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 314, eff. 8/1/2017. Acts 1977, No. 421, §§ 6, 7; A.S.A. 1947, §§ 76-2906, 76-2907; Acts 1991, No. 769, § 1; 1999, No. 1255, § 1.

(a) It shall be unlawful for any person to knowingly: (1) Transport or cause to be transported within this state hazardous material in an immediate container which does not bear a label which provides an adequate warning; (2) Transport or cause to be transported within this state hazardous material in an immediate container without carrying adequate emergency equipment; (3) Transport or cause to be transported within this state a hazardous material in a container other than an adequate immediate container; (4) Fail to utilize adequate emergency equipment promptly and properly, to the extent possible without serious risk of personal injury, in order to deal with the escape of a hazardous material from its immediate container when the person is the operator of the transporting equipment; (5) Fail to notify the Division of Arkansas State Police as promptly as reasonably possible of the escape of a hazardous material from its immediate container when the person is the carrier or is the operator of the transporting equipment; or (6) Violate any rule promulgated by the State Highway Commission pursuant to this chapter.

(1) Transport or cause to be transported within this state hazardous material in an immediate container which does not bear a label which provides an adequate warning;

(2) Transport or cause to be transported within this state hazardous material in an immediate container without carrying adequate emergency equipment;

(3) Transport or cause to be transported within this state a hazardous material in a container other than an adequate immediate container;

(4) Fail to utilize adequate emergency equipment promptly and properly, to the extent possible without serious risk of personal injury, in order to deal with the escape of a hazardous material from its immediate container when the person is the operator of the transporting equipment;

(5) Fail to notify the Division of Arkansas State Police as promptly as reasonably possible of the escape of a hazardous material from its immediate container when the person is the carrier or is the operator of the transporting equipment; or

(6) Violate any rule promulgated by the State Highway Commission pursuant to this chapter.

(b) (1) Any and all exceptions to the requirements contained in subsection (a) of this section allowed transporters of agricultural products, petroleum products, a material of trade, or any others, as set out in 49 C.F.R. pt. 173, including, but not limited to, 49 C.F.R. §§ 173.5 , 173.6 , and 173.8 , shall be allowable to the transporters provided that all the requirements to avail these transporters of those exemptions, which requirements are set out in these United States Department of Transportation regulations, are met by the transporters. (2) Further provided, if the United States Department of Transportation or the United States Congress adopts exceptions greater than those currently allowed transporters of hazardous materials in 49 C.F.R. pt. 173, the Arkansas Department of Transportation may adopt such comparable exemptions as are applicable to the transporters while utilizing the highways of this state.

(1) Any and all exceptions to the requirements contained in subsection (a) of this section allowed transporters of agricultural products, petroleum products, a material of trade, or any others, as set out in 49 C.F.R. pt. 173, including, but not limited to, 49 C.F.R. §§ 173.5 , 173.6 , and 173.8 , shall be allowable to the transporters provided that all the requirements to avail these transporters of those exemptions, which requirements are set out in these United States Department of Transportation regulations, are met by the transporters.

(2) Further provided, if the United States Department of Transportation or the United States Congress adopts exceptions greater than those currently allowed transporters of hazardous materials in 49 C.F.R. pt. 173, the Arkansas Department of Transportation may adopt such comparable exemptions as are applicable to the transporters while utilizing the highways of this state.

(c) The provisions of subdivision (a)(5) of this section shall not apply to persons while operating farm vehicles of whatever size upon agricultural land owned, leased, or rented by the persons or their employers.

Amended by Act 2019, No. 315,§ 3081, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 314, eff. 8/1/2017.

Acts 1977, No. 421, §§ 6, 7; A.S.A. 1947, §§ 76-2906, 76-2907; Acts 1991, No. 769, § 1; 1999, No. 1255, § 1.