Ark. Code Ann. § 27-35-210 — AR Code / Title 27 / Chapter 35 / Subchapter 2 / Section 27-35-210
Permits for special cargoes - Definition
Status: in_force

(a) (1) (A) The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight. (B) The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible. (C) No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section. (D) The commission may delegate to other state agencies the authority given in this section to issue special permits. (2) (A) It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if: (i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle; (ii) The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee; (iii) The vehicle or machinery is either: (a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or (b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and (iv) The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility. (B) Notwithstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, movement of the vehicle or machinery under subdivision (a)(2)(A) of this section is allowed if: (i) The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (ii) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (iii) The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System. (C) It shall not be unlawful nor shall it be necessary to obtain a special permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width. (D) Notwithstanding the provisions of subdivision (a)(2)(A) of this section, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for farming operations to travel upon the state highways in excess of a fifty-mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements: (i) The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations; (ii) The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel; (iii) Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless: (a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System; (iv) Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation; (v) Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs; (vi) (a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy. (b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass; (vii) A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and (viii) Permit fees shall be set by the commission. (E) (i) It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle. (ii) As used in this section, "appurtenance" means: (a) Awnings and awning support hardware; and (b) Any appendage that is intended to be an integral part of a motor home or camping trailer. (b) (1) (A) Except as is otherwise provided for by law, no application shall include nor shall any permit be issued for more than a single continuous movement or operation by one (1) vehicle. (B) An application may include a request for and a permit may be issued for two (2) or more consecutive movements or operations by a vehicle, all of which shall be executed or performed within six (6) consecutive days and which must be limited to two (2) contiguous counties within the state, which counties must be specified at the time of application. (C) (i) An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration. (ii) A permit may be issued at a fee of one thousand dollars ($1,000) per year. (iii) The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles. (2) (A) (i) Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208 , and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit. (ii) Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106 , but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year. (B) (i) Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit. (ii) (a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100). (b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300). (C) The permits authorized by this subsection may contain limitations on the speed of operation and the routes of operation as the director may deem necessary for safety to the traveling public. (3) The permits authorized by this subsection for the overlength vehicle or vehicles shall not affect the other requirements of this section that special permits be obtained for vehicles exceeding other maximum size and weight limitations imposed by law. (c) The application for any permit shall specifically describe: (1) The vehicle and the load to be operated or moved; (2) The origin and destination of the vehicle and load; (3) The approximate dates within which the operation or movement is to be completed; and (4) The particular highways for which a permit to operate is requested. (d) Any agency authorized in this section to issue special permits is authorized: (1) To issue or withhold the permit based upon the following factors: (A) The condition and state of repair of the highway involved; (B) The ability of the highways to carry the overweight or oversized vehicle; (C) The danger to the traveling public from the standpoint of safety; or (D) Findings of repeated violations of permits issued under this section as established by properly promulgated and adopted agency rules; (2) To establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated; (3) To otherwise limit or prescribe conditions of operation of the vehicles when necessary to assure against damage to the road foundation, surfaces, or structures; and (4) To require a bond or other security as may be deemed necessary by the agency to compensate for any injury to any roadway or road structure arising out of the operation under the permit. (e) (1) A charge of seventeen dollars ($17.00) shall be made for each special permit. (2) In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or combination of vehicles, charges shall be made as follows: Mileage to Be Traveled is: On Each Ton, Per Ton or Fraction Thereof Not more than 100 miles ............................................... $ 8.00 101 miles to 150 miles, inclusive ...................................... 10.00 151 miles to 200 miles, inclusive ..................................... 12.00 201 miles to 250 miles, inclusive ..................................... 14.00 Over 251 miles ............................................................ 16.00 (3) In addition to the fees prescribed in subdivisions (e)(1) and (2) of this section, a fee not to exceed five hundred dollars ($500) shall be charged for a vehicle, unladen or with load, whose gross weight is one hundred eighty thousand pounds (180,000 lbs.) or greater. (f) (1) Each permit shall be carried in the vehicle to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit. (2) No person shall violate any of the terms or conditions of the special permit. (g) It shall be the duty of the respective agencies authorized in this section: (1) To issue the permits provided for in this section; (2) To collect the fees therefor at the time of the issuance of the permits, except that any applicant may furnish a corporate surety bond guaranteeing the payment of fees for permits as may be issued during any period of time, in accordance with the rules promulgated by the issuing agency; and (3) To transmit the fees to the Treasurer of State to be credited to the State Highway and Transportation Department Fund. (h) No fee shall be charged to any federal, state, county, or municipal governmental agency for any permit issued under the provisions of this section when the vehicle involved is public property and the proposed movement is on official business. (i) (1) The commission is hereby authorized to issue permits for the movement of any overweight mobile construction vehicle or equipment upon highways under the commission's jurisdiction provided that the vehicle or equipment is equipped with pneumatic tires and has been reduced in size and weight until further reduction is impractical. (2) A charge of seventeen dollars ($17.00) shall be made for each special permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or equipment, charges shall be made as follows: Mileage to Be Traveled is: On First 5 Tons, Per Ton or Fraction Thereof On Next 5 Tons, Per Ton or Fraction Thereof On Any Additional Tonnage, Per Ton or Fraction Thereof Not more than 100 miles ........................... $1.25 $2.50 $3.75 101 miles to 150 miles, inclusive 2.00 3.50 5.00 151 miles to 200 miles, inclusive 2.50 4.50 6.25 201 miles to 250 miles, inclusive 3.25 5.50 7.50 Over 251 miles ........................................ 3.75 6.25 8.75 (j) (1) The commission may issue special permits authorizing the transport of round bales of hay on controlled highways under its jurisdiction provided that the load does not exceed ten feet (10') in width. (2) The special permits shall be issued without a fee or other charge and shall expire three (3) days after the date of issuance. (k) (1) The commission is authorized to issue special permits at a charge of one hundred dollars ($100) for a one-year permit for the movement of cross ties from their first point of processing to the point at which they shall undergo creosote processing by five-axle vehicles registered and licensed pursuant to § 27-14-601(a)(3)(G)(ii) where the loaded weight on any tandem axle on the vehicles is greater than the allowable tandem axle limit of thirty-four thousand pounds (34,000 lbs.) provided that the one-way mileage for the trip is no greater than one hundred (100) miles, that no tandem axle weight exceeds thirty-six thousand five hundred pounds (36,500 lbs.), and that no portion of the trip is on any part of the federal interstate highways. (2) The commission shall issue no more than five (5) special permits to the same person during the same calendar year. (l) Notwithstanding a provision of law to the contrary and upon application and payment of a permit fee, the commission may issue a special permit per vehicle valid for one (1) single trip to be executed or performed within six (6) consecutive days of the issuance of the permit or for a one-year period along a specified route that authorizes the movement of sealed containerized cargo units upon highways under the commission's jurisdiction subject to the restrictions and conditions deemed appropriate by the commission as contained within this section and the following additional restrictions: (1) The containerized cargo units must be part of international trade and be moved on the highways due to importation from or exportation to another country; (2) A copy of the international bill of lading signed by a customs official or an international bill of lading with equipment interchange and inspection report must be submitted to the commission before a single-trip permit may be issued; (3) For units issued a special permit valid for a one-year period, copies of the international bills of lading for each individual unit signed by a customs official or international bills of lading with equipment interchange and inspection reports for each individual unit must be submitted every thirty (30) days to the commission; (4) The operators of the units shall at all times have in their possession a copy of the documents as described in subdivision (l)(2) of this section; (5) All five-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of five (5) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety thousand pounds (90,000 lbs.); (6) All six-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of six (6) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety-five thousand pounds (95,000 lbs.); (7) A vehicle operating under a sealed containerized cargo unit permit shall not exceed the legal width, length, or height restrictions as set out in this subchapter; (8) The payment of the charges for each single-trip special permit shall be ascertained in the manner set out in subsection (e) of this section; and (9) The payment of the charges for each one-year special permit shall not exceed five thousand five hundred dollars ($5,500). (m) (1) The commission is authorized to issue special permits to towing businesses for the operation of wreckers or towing vehicles used as emergency vehicles under § 27-36-305(b) when the operation and movement of the vehicle or combination of vehicles exceed the maximum size and weight limitations imposed by law as provided under this subsection. (2) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee per wrecker or tow vehicle not to exceed five hundred dollars ($500), the commission, through the director, may issue a special permit valid for one (1) single trip or for a period of one (1) year that authorizes a towing business licensed under § 27-50-1203 to use a wrecker or tow vehicle permitted under this subdivision (m)(2) to move at any time of day or night a vehicle that is disabled or wrecked when that movement: (A) Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and (B) Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway rights-of-way to: (i) The nearest point of storage or repair used by the towing or wrecker company; (ii) The nearest point of storage or repair used by the owner or operator of the vehicle; or (iii) The nearest authorized repair center for the vehicle. (n) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement of a semitrailer or trailer unit, unladen or with load, operating in combination with a truck tractor unit, which exceeds the length as provided in § 27-35-208 , but not exceeding fifty-seven feet (57'). (o) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement on state highways of a truck tractor and single semi-trailer combination with five (5) axles hauling animal feed to livestock or poultry, which exceeds the maximum gross weight as provided in § 27-35-203 , with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.), and a total gross weight of eighty-five thousand pounds (85,000 lbs.). (p) (1) Except as provided in subdivision (a)(2)(A) of this section, the commission may issue a special permit valid for one (1) year authorizing the movement of a vehicle hauling farm machinery equipment that exceeds the maximum width authorized under § 27-35-206 , but does not exceed twelve feet (12'), if a farm machinery equipment dealer: (A) Applies to the commission for the special permit; and (B) Pays a fee not to exceed five hundred dollars ($500) per vehicle authorized under this subdivision (p)(1). (2) A farm machinery equipment dealer is responsible for the safe routing of a vehicle issued a permit under subdivision (p)(1) of this section, including without limitation ensuring the highways traveled by the vehicle are sufficiently wide for the safety of the vehicle and the traveling public. (3) The commission may require that a farm machinery equipment dealer provide a bond or other security to compensate the Arkansas Department of Transportation in the event of: (A) Damage to a highway or a highway structure caused by a vehicle issued a permit under subdivision (p)(1) of this section; or (B) Costs related to the extrication of a vehicle issued a permit under subdivision (p)(1) of this section from a width-restricted highway or a highway construction or maintenance zone. (4) A vehicle issued a permit under subdivision (p)(1) of this section shall not exceed the height, length, or weight restrictions required under this subchapter. (q) (1) The commission may issue a special permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.). (2) A truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, issued a permit under subdivision (q)(1) of this section shall not exceed the height, length, or width restrictions required under this chapter. (3) The Arkansas Department of Transportation in coordination with the Department of Agriculture shall promulgate rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit. (r) (1) Upon application, the commission may issue a special permit valid for one (1) year for the movement of a truck tractor and single semitrailer combination with five (5) axles for the hauling of forestry equipment in excess of the maximum gross weight as provided in § 27-35-203 but not more than: (A) Twenty thousand pounds (20,0000 lbs.) for a single axle, or forty-six thousand pounds (46,000 lbs.) for a tandem axle; and (B) One hundred four thousand pounds (104,000 lbs.) of total gross weight. (2) The fee for the special permit shall not exceed two hundred fifty dollars ($250). (3) The Arkansas Department of Transportation shall adopt rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit. Amended by Act 2021, No. 451,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 3138, eff. 7/24/2019. Amended by Act 2019, No. 859,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1085,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 329, eff. 8/1/2017. Amended by Act 2017, No. 650,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 740,§ 1, eff. 7/22/2015. Amended by Act 2015EX1, No. 12,§ 1, eff. 6/1/2015. Amended by Act 2015EX1, No. 11,§ 1, eff. 6/1/2015. Amended by Act 2013, No. 1362,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1362,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1267,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1092,§ 1, eff. 8/16/2013. Acts 1955, No. 98, § 6; 1955, No. 192, § 1; 1965, No. 436, § 1; 1965 (1st Ex. Sess.), No. 45, § 1; 1971, No. 32, § 1; 1977, No. 457, § 1; 1981, No. 807, § 1; 1985, No. 337, § 1; A.S.A. 1947, § 75-818; Acts 1991, No. 219, § 5; 1991, No. 704, § 1; 1995, No. 873, § 1; 1997, No. 136, § 1; 1997, No. 1026, § 2; 1997, No. 1156, § 1; 1999, No. 1511, § 1; 1999, No. 1571, § 1; 2005, No. 276, § 1; 2005, No. 1412, § 1; 2007, No. 241, § 1; 2007, No. 639, §§ 1-4; 2009, No. 406, § 2; 2009, No. 567, § 1; 2009, No. 1396, § 1.

(a) (1) (A) The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight. (B) The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible. (C) No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section. (D) The commission may delegate to other state agencies the authority given in this section to issue special permits. (2) (A) It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if: (i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle; (ii) The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee; (iii) The vehicle or machinery is either: (a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or (b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and (iv) The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility. (B) Notwithstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, movement of the vehicle or machinery under subdivision (a)(2)(A) of this section is allowed if: (i) The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (ii) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (iii) The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System. (C) It shall not be unlawful nor shall it be necessary to obtain a special permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width. (D) Notwithstanding the provisions of subdivision (a)(2)(A) of this section, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for farming operations to travel upon the state highways in excess of a fifty-mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements: (i) The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations; (ii) The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel; (iii) Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless: (a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System; (iv) Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation; (v) Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs; (vi) (a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy. (b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass; (vii) A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and (viii) Permit fees shall be set by the commission. (E) (i) It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle. (ii) As used in this section, "appurtenance" means: (a) Awnings and awning support hardware; and (b) Any appendage that is intended to be an integral part of a motor home or camping trailer.

(1) (A) The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight. (B) The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible. (C) No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section. (D) The commission may delegate to other state agencies the authority given in this section to issue special permits.

(A) The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight.

(B) The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible.

(C) No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section.

(D) The commission may delegate to other state agencies the authority given in this section to issue special permits.

(2) (A) It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if: (i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle; (ii) The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee; (iii) The vehicle or machinery is either: (a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or (b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and (iv) The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility. (B) Notwithstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, movement of the vehicle or machinery under subdivision (a)(2)(A) of this section is allowed if: (i) The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (ii) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (iii) The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System. (C) It shall not be unlawful nor shall it be necessary to obtain a special permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width. (D) Notwithstanding the provisions of subdivision (a)(2)(A) of this section, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for farming operations to travel upon the state highways in excess of a fifty-mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements: (i) The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations; (ii) The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel; (iii) Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless: (a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System; (iv) Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation; (v) Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs; (vi) (a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy. (b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass; (vii) A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and (viii) Permit fees shall be set by the commission. (E) (i) It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle. (ii) As used in this section, "appurtenance" means: (a) Awnings and awning support hardware; and (b) Any appendage that is intended to be an integral part of a motor home or camping trailer.

(A) It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if: (i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle; (ii) The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee; (iii) The vehicle or machinery is either: (a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or (b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and (iv) The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.

(i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle;

(ii) The vehicle or machinery is owned or leased by a person primarily engaged in farming operations and is being operated by an owner or lessor of the vehicle or machinery or the owner's or lessor's employee;

(iii) The vehicle or machinery is either: (a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or (b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and

(a) Being transported by a farm machinery equipment dealer or repair person in making a delivery of a new or used vehicle or new or used machinery to the farm of the purchaser; or

(b) Being used in making a pickup and delivery of the vehicle or machinery from the farm to a shop of a farm machinery equipment dealer or repair person for repairs and return to the farm; and

(iv) The movement is performed during daylight hours within a radius of fifty (50) miles of the point of origin and no part of the movement is upon any highway designated and known as a part of the national system of interstate and defense highways or any fully controlled access highway facility.

(B) Notwithstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, movement of the vehicle or machinery under subdivision (a)(2)(A) of this section is allowed if: (i) The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (ii) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (iii) The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System.

(i) The vehicle or machinery is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015;

(ii) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and

(iii) The vehicle or machinery was permitted to legally operate on that section of U.S. Highway 63 or was permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System.

(C) It shall not be unlawful nor shall it be necessary to obtain a special permit to transport round bales of hay upon any public highway or road that is not a fully controlled highway or road if the load does not exceed twelve feet (12') in width.

(D) Notwithstanding the provisions of subdivision (a)(2)(A) of this section, permits may be issued for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for farming operations to travel upon the state highways in excess of a fifty-mile radius of the point of origin or for the movement of earthmoving equipment that is a tractor with dirt pan in tow used primarily for commercial earthmoving operations for travel upon state highways of any distance subject to the following requirements: (i) The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations; (ii) The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel; (iii) Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless: (a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System; (iv) Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation; (v) Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs; (vi) (a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy. (b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass; (vii) A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and (viii) Permit fees shall be set by the commission.

(i) The permit shall be issued only to owners or lessors of the vehicles who are primarily engaged in farming or commercial earthmoving operations;

(ii) The permit issued shall be limited to daylight operation for a specified seventy-two-hour period and shall specify the route of travel;

(iii) Not withstanding any other provision of law to the contrary or unless otherwise prohibited by federal law, no part of the movement may be upon any interstate highway or fully controlled access facility unless: (a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015; (b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and (c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System;

(a) The earthmoving equipment is traveling on a section of U.S. Highway 63 that includes the roadway over the St. Francis Sunken Lands Wildlife Management Area between the exits for State Highway 149 and State Highway 14, as they existed on June 1, 2015;

(b) The highway has been designated and known as a part of the Interstate Highway System and other routes within the National Highway System; and

(c) The earthmoving equipment was permitted to legally operate on that section of U.S. Highway 63 or permitted to legally operate on the highway before the highway was designated and known as a part of the Interstate Highway System and other routes within the National Highway System;

(iv) Proof of liability insurance for the tow vehicle shall be submitted to the Arkansas Department of Transportation;

(v) Vehicles shall be accompanied by a front escort vehicle with flashing amber lights, radio contact with the vehicle operator, and "wide load" signs;

(vi) (a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy. (b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass;

(a) Vehicles may be moved in convoys of no more than three (3) vehicles with escorts at the front and rear of the convoy.

(b) Convoys shall pull off the highway at sufficient intervals to allow traffic to pass;

(vii) A permit may be issued for no more than two (2) dirt pans to be towed by one (1) tractor; and

(viii) Permit fees shall be set by the commission.

(E) (i) It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle. (ii) As used in this section, "appurtenance" means: (a) Awnings and awning support hardware; and (b) Any appendage that is intended to be an integral part of a motor home or camping trailer.

(i) It shall not be necessary to obtain a permit, and it shall be lawful to move any motor home or camping trailer in excess of the maximum width prescribed under § 27-35-206 if the excess width is attributable to a noncargo-carrying appurtenance that extends no more than six inches (6") beyond the body of the vehicle.

(ii) As used in this section, "appurtenance" means: (a) Awnings and awning support hardware; and (b) Any appendage that is intended to be an integral part of a motor home or camping trailer.

(a) Awnings and awning support hardware; and

(b) Any appendage that is intended to be an integral part of a motor home or camping trailer.

(b) (1) (A) Except as is otherwise provided for by law, no application shall include nor shall any permit be issued for more than a single continuous movement or operation by one (1) vehicle. (B) An application may include a request for and a permit may be issued for two (2) or more consecutive movements or operations by a vehicle, all of which shall be executed or performed within six (6) consecutive days and which must be limited to two (2) contiguous counties within the state, which counties must be specified at the time of application. (C) (i) An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration. (ii) A permit may be issued at a fee of one thousand dollars ($1,000) per year. (iii) The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles. (2) (A) (i) Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208 , and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit. (ii) Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106 , but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year. (B) (i) Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit. (ii) (a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100). (b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300). (C) The permits authorized by this subsection may contain limitations on the speed of operation and the routes of operation as the director may deem necessary for safety to the traveling public. (3) The permits authorized by this subsection for the overlength vehicle or vehicles shall not affect the other requirements of this section that special permits be obtained for vehicles exceeding other maximum size and weight limitations imposed by law.

(1) (A) Except as is otherwise provided for by law, no application shall include nor shall any permit be issued for more than a single continuous movement or operation by one (1) vehicle. (B) An application may include a request for and a permit may be issued for two (2) or more consecutive movements or operations by a vehicle, all of which shall be executed or performed within six (6) consecutive days and which must be limited to two (2) contiguous counties within the state, which counties must be specified at the time of application. (C) (i) An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration. (ii) A permit may be issued at a fee of one thousand dollars ($1,000) per year. (iii) The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles.

(A) Except as is otherwise provided for by law, no application shall include nor shall any permit be issued for more than a single continuous movement or operation by one (1) vehicle.

(B) An application may include a request for and a permit may be issued for two (2) or more consecutive movements or operations by a vehicle, all of which shall be executed or performed within six (6) consecutive days and which must be limited to two (2) contiguous counties within the state, which counties must be specified at the time of application.

(C) (i) An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration. (ii) A permit may be issued at a fee of one thousand dollars ($1,000) per year. (iii) The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles.

(i) An application may include a request for a permit for consecutive movements or operations of a vehicle with a cargo not exceeding ten feet eight inches (10' 8") in width along one (1) designated route, all of which movements or operations have origins from an adjacent state and which movements or operations shall be executed or performed within the period of valid vehicle registration.

(ii) A permit may be issued at a fee of one thousand dollars ($1,000) per year.

(iii) The permit shall be limited to one (1) county within the state where the one-way mileage into that county and within the state is no greater than fifteen (15) miles.

(2) (A) (i) Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208 , and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit. (ii) Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106 , but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year. (B) (i) Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit. (ii) (a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100). (b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300). (C) The permits authorized by this subsection may contain limitations on the speed of operation and the routes of operation as the director may deem necessary for safety to the traveling public.

(A) (i) Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208 , and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit. (ii) Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106 , but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year.

(i) Upon application and the payment of an annual fee of one hundred dollars ($100), the Director of State Highways and Transportation shall issue a special permit for the movement of a crane which exceeds the length as provided in § 27-35-208 , and which is moved on pneumatic tires within a radius of thirty-five (35) miles of a point of origin of the movement, for a period of one (1) year from the date of the issuance of the permit.

(ii) Upon an application containing satisfactory proof that the vehicle is utilized solely for the following movements, the director may issue a special permit for a maximum load overhang beyond the front of a vehicle, which load exceeds the maximum provided in § 27-35-106 , but not exceeding five feet (5'), for a vehicle equipped with pneumatic tires and utilized exclusively for the movements of cranes for a period of not more than one (1) year.

(B) (i) Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit. (ii) (a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100). (b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300).

(i) Upon application and the payment of an annual fee, the director shall issue a special permit for the movement of a vehicle of special design utilized exclusively for the drilling of water wells, or for the movement of auger equipment utilized exclusively for loading agricultural aircraft, which exceeds the length as provided in § 27-35-106 or § 27-35-208 and which is moved on pneumatic tires, for a period of one (1) year from the date of issuance of the permit.

(ii) (a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100). (b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300).

(a) For annual movements within a radius of thirty-five (35) miles of a point of origin of the movements, the annual fee shall be one hundred dollars ($100).

(b) For annual movements exceeding the thirty-five-mile radius, the annual fee shall be three hundred dollars ($300).

(C) The permits authorized by this subsection may contain limitations on the speed of operation and the routes of operation as the director may deem necessary for safety to the traveling public.

(3) The permits authorized by this subsection for the overlength vehicle or vehicles shall not affect the other requirements of this section that special permits be obtained for vehicles exceeding other maximum size and weight limitations imposed by law.

(c) The application for any permit shall specifically describe: (1) The vehicle and the load to be operated or moved; (2) The origin and destination of the vehicle and load; (3) The approximate dates within which the operation or movement is to be completed; and (4) The particular highways for which a permit to operate is requested.

(1) The vehicle and the load to be operated or moved;

(2) The origin and destination of the vehicle and load;

(3) The approximate dates within which the operation or movement is to be completed; and

(4) The particular highways for which a permit to operate is requested.

(d) Any agency authorized in this section to issue special permits is authorized: (1) To issue or withhold the permit based upon the following factors: (A) The condition and state of repair of the highway involved; (B) The ability of the highways to carry the overweight or oversized vehicle; (C) The danger to the traveling public from the standpoint of safety; or (D) Findings of repeated violations of permits issued under this section as established by properly promulgated and adopted agency rules; (2) To establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated; (3) To otherwise limit or prescribe conditions of operation of the vehicles when necessary to assure against damage to the road foundation, surfaces, or structures; and (4) To require a bond or other security as may be deemed necessary by the agency to compensate for any injury to any roadway or road structure arising out of the operation under the permit.

(1) To issue or withhold the permit based upon the following factors: (A) The condition and state of repair of the highway involved; (B) The ability of the highways to carry the overweight or oversized vehicle; (C) The danger to the traveling public from the standpoint of safety; or (D) Findings of repeated violations of permits issued under this section as established by properly promulgated and adopted agency rules;

(A) The condition and state of repair of the highway involved;

(B) The ability of the highways to carry the overweight or oversized vehicle;

(C) The danger to the traveling public from the standpoint of safety; or

(D) Findings of repeated violations of permits issued under this section as established by properly promulgated and adopted agency rules;

(2) To establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated;

(3) To otherwise limit or prescribe conditions of operation of the vehicles when necessary to assure against damage to the road foundation, surfaces, or structures; and

(4) To require a bond or other security as may be deemed necessary by the agency to compensate for any injury to any roadway or road structure arising out of the operation under the permit.

(e) (1) A charge of seventeen dollars ($17.00) shall be made for each special permit. (2) In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or combination of vehicles, charges shall be made as follows: Mileage to Be Traveled is: On Each Ton, Per Ton or Fraction Thereof Not more than 100 miles ............................................... $ 8.00 101 miles to 150 miles, inclusive ...................................... 10.00 151 miles to 200 miles, inclusive ..................................... 12.00 201 miles to 250 miles, inclusive ..................................... 14.00 Over 251 miles ............................................................ 16.00 (3) In addition to the fees prescribed in subdivisions (e)(1) and (2) of this section, a fee not to exceed five hundred dollars ($500) shall be charged for a vehicle, unladen or with load, whose gross weight is one hundred eighty thousand pounds (180,000 lbs.) or greater.

(1) A charge of seventeen dollars ($17.00) shall be made for each special permit.

(2) In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or combination of vehicles, charges shall be made as follows: Mileage to Be Traveled is: On Each Ton, Per Ton or Fraction Thereof Not more than 100 miles ............................................... $ 8.00 101 miles to 150 miles, inclusive ...................................... 10.00 151 miles to 200 miles, inclusive ..................................... 12.00 201 miles to 250 miles, inclusive ..................................... 14.00 Over 251 miles ............................................................ 16.00

Mileage to Be Traveled is: On Each Ton, Per Ton or Fraction Thereof Not more than 100 miles ............................................... $ 8.00 101 miles to 150 miles, inclusive ...................................... 10.00 151 miles to 200 miles, inclusive ..................................... 12.00 201 miles to 250 miles, inclusive ..................................... 14.00 Over 251 miles ............................................................ 16.00

Mileage to Be Traveled is:

On Each Ton, Per Ton or Fraction Thereof

Not more than 100 miles ...............................................

$ 8.00

101 miles to 150 miles, inclusive ......................................

10.00

151 miles to 200 miles, inclusive .....................................

12.00

201 miles to 250 miles, inclusive .....................................

14.00

Over 251 miles ............................................................

16.00

(3) In addition to the fees prescribed in subdivisions (e)(1) and (2) of this section, a fee not to exceed five hundred dollars ($500) shall be charged for a vehicle, unladen or with load, whose gross weight is one hundred eighty thousand pounds (180,000 lbs.) or greater.

(f) (1) Each permit shall be carried in the vehicle to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit. (2) No person shall violate any of the terms or conditions of the special permit.

(1) Each permit shall be carried in the vehicle to which it refers and shall be open to inspection by any police officer or authorized agent of any authority granting the permit.

(2) No person shall violate any of the terms or conditions of the special permit.

(g) It shall be the duty of the respective agencies authorized in this section: (1) To issue the permits provided for in this section; (2) To collect the fees therefor at the time of the issuance of the permits, except that any applicant may furnish a corporate surety bond guaranteeing the payment of fees for permits as may be issued during any period of time, in accordance with the rules promulgated by the issuing agency; and (3) To transmit the fees to the Treasurer of State to be credited to the State Highway and Transportation Department Fund.

(1) To issue the permits provided for in this section;

(2) To collect the fees therefor at the time of the issuance of the permits, except that any applicant may furnish a corporate surety bond guaranteeing the payment of fees for permits as may be issued during any period of time, in accordance with the rules promulgated by the issuing agency; and

(3) To transmit the fees to the Treasurer of State to be credited to the State Highway and Transportation Department Fund.

(h) No fee shall be charged to any federal, state, county, or municipal governmental agency for any permit issued under the provisions of this section when the vehicle involved is public property and the proposed movement is on official business.

(i) (1) The commission is hereby authorized to issue permits for the movement of any overweight mobile construction vehicle or equipment upon highways under the commission's jurisdiction provided that the vehicle or equipment is equipped with pneumatic tires and has been reduced in size and weight until further reduction is impractical. (2) A charge of seventeen dollars ($17.00) shall be made for each special permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or equipment, charges shall be made as follows: Mileage to Be Traveled is: On First 5 Tons, Per Ton or Fraction Thereof On Next 5 Tons, Per Ton or Fraction Thereof On Any Additional Tonnage, Per Ton or Fraction Thereof Not more than 100 miles ........................... $1.25 $2.50 $3.75 101 miles to 150 miles, inclusive 2.00 3.50 5.00 151 miles to 200 miles, inclusive 2.50 4.50 6.25 201 miles to 250 miles, inclusive 3.25 5.50 7.50 Over 251 miles ........................................ 3.75 6.25 8.75

(1) The commission is hereby authorized to issue permits for the movement of any overweight mobile construction vehicle or equipment upon highways under the commission's jurisdiction provided that the vehicle or equipment is equipped with pneumatic tires and has been reduced in size and weight until further reduction is impractical.

(2) A charge of seventeen dollars ($17.00) shall be made for each special permit. In addition, for each ton or major fraction thereof to be hauled in excess of the lawful weight and load for that vehicle or equipment, charges shall be made as follows: Mileage to Be Traveled is: On First 5 Tons, Per Ton or Fraction Thereof On Next 5 Tons, Per Ton or Fraction Thereof On Any Additional Tonnage, Per Ton or Fraction Thereof Not more than 100 miles ........................... $1.25 $2.50 $3.75 101 miles to 150 miles, inclusive 2.00 3.50 5.00 151 miles to 200 miles, inclusive 2.50 4.50 6.25 201 miles to 250 miles, inclusive 3.25 5.50 7.50 Over 251 miles ........................................ 3.75 6.25 8.75

Mileage to Be Traveled is: On First 5 Tons, Per Ton or Fraction Thereof On Next 5 Tons, Per Ton or Fraction Thereof On Any Additional Tonnage, Per Ton or Fraction Thereof Not more than 100 miles ........................... $1.25 $2.50 $3.75 101 miles to 150 miles, inclusive 2.00 3.50 5.00 151 miles to 200 miles, inclusive 2.50 4.50 6.25 201 miles to 250 miles, inclusive 3.25 5.50 7.50 Over 251 miles ........................................ 3.75 6.25 8.75

Mileage to Be Traveled is:

On First 5 Tons, Per Ton or Fraction Thereof

On Next 5 Tons, Per Ton or Fraction Thereof

On Any Additional Tonnage, Per Ton or Fraction Thereof

Not more than 100 miles ...........................

$1.25

$2.50

$3.75

101 miles to 150 miles, inclusive

2.00

3.50

5.00

151 miles to 200 miles, inclusive

2.50

4.50

6.25

201 miles to 250 miles, inclusive

3.25

5.50

7.50

Over 251 miles ........................................

3.75

6.25

8.75

(j) (1) The commission may issue special permits authorizing the transport of round bales of hay on controlled highways under its jurisdiction provided that the load does not exceed ten feet (10') in width. (2) The special permits shall be issued without a fee or other charge and shall expire three (3) days after the date of issuance.

(1) The commission may issue special permits authorizing the transport of round bales of hay on controlled highways under its jurisdiction provided that the load does not exceed ten feet (10') in width.

(2) The special permits shall be issued without a fee or other charge and shall expire three (3) days after the date of issuance.

(k) (1) The commission is authorized to issue special permits at a charge of one hundred dollars ($100) for a one-year permit for the movement of cross ties from their first point of processing to the point at which they shall undergo creosote processing by five-axle vehicles registered and licensed pursuant to § 27-14-601(a)(3)(G)(ii) where the loaded weight on any tandem axle on the vehicles is greater than the allowable tandem axle limit of thirty-four thousand pounds (34,000 lbs.) provided that the one-way mileage for the trip is no greater than one hundred (100) miles, that no tandem axle weight exceeds thirty-six thousand five hundred pounds (36,500 lbs.), and that no portion of the trip is on any part of the federal interstate highways. (2) The commission shall issue no more than five (5) special permits to the same person during the same calendar year.

(1) The commission is authorized to issue special permits at a charge of one hundred dollars ($100) for a one-year permit for the movement of cross ties from their first point of processing to the point at which they shall undergo creosote processing by five-axle vehicles registered and licensed pursuant to § 27-14-601(a)(3)(G)(ii) where the loaded weight on any tandem axle on the vehicles is greater than the allowable tandem axle limit of thirty-four thousand pounds (34,000 lbs.) provided that the one-way mileage for the trip is no greater than one hundred (100) miles, that no tandem axle weight exceeds thirty-six thousand five hundred pounds (36,500 lbs.), and that no portion of the trip is on any part of the federal interstate highways.

(2) The commission shall issue no more than five (5) special permits to the same person during the same calendar year.

(l) Notwithstanding a provision of law to the contrary and upon application and payment of a permit fee, the commission may issue a special permit per vehicle valid for one (1) single trip to be executed or performed within six (6) consecutive days of the issuance of the permit or for a one-year period along a specified route that authorizes the movement of sealed containerized cargo units upon highways under the commission's jurisdiction subject to the restrictions and conditions deemed appropriate by the commission as contained within this section and the following additional restrictions: (1) The containerized cargo units must be part of international trade and be moved on the highways due to importation from or exportation to another country; (2) A copy of the international bill of lading signed by a customs official or an international bill of lading with equipment interchange and inspection report must be submitted to the commission before a single-trip permit may be issued; (3) For units issued a special permit valid for a one-year period, copies of the international bills of lading for each individual unit signed by a customs official or international bills of lading with equipment interchange and inspection reports for each individual unit must be submitted every thirty (30) days to the commission; (4) The operators of the units shall at all times have in their possession a copy of the documents as described in subdivision (l)(2) of this section; (5) All five-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of five (5) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety thousand pounds (90,000 lbs.); (6) All six-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of six (6) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety-five thousand pounds (95,000 lbs.); (7) A vehicle operating under a sealed containerized cargo unit permit shall not exceed the legal width, length, or height restrictions as set out in this subchapter; (8) The payment of the charges for each single-trip special permit shall be ascertained in the manner set out in subsection (e) of this section; and (9) The payment of the charges for each one-year special permit shall not exceed five thousand five hundred dollars ($5,500).

(1) The containerized cargo units must be part of international trade and be moved on the highways due to importation from or exportation to another country;

(2) A copy of the international bill of lading signed by a customs official or an international bill of lading with equipment interchange and inspection report must be submitted to the commission before a single-trip permit may be issued;

(3) For units issued a special permit valid for a one-year period, copies of the international bills of lading for each individual unit signed by a customs official or international bills of lading with equipment interchange and inspection reports for each individual unit must be submitted every thirty (30) days to the commission;

(4) The operators of the units shall at all times have in their possession a copy of the documents as described in subdivision (l)(2) of this section;

(5) All five-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of five (5) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety thousand pounds (90,000 lbs.);

(6) All six-axle vehicles operating under a sealed containerized cargo unit permit shall have a minimum of six (6) full-time load-bearing axles and shall not exceed twenty thousand pounds (20,000 lbs.) per axle or total gross vehicle weight of ninety-five thousand pounds (95,000 lbs.);

(7) A vehicle operating under a sealed containerized cargo unit permit shall not exceed the legal width, length, or height restrictions as set out in this subchapter;

(8) The payment of the charges for each single-trip special permit shall be ascertained in the manner set out in subsection (e) of this section; and

(9) The payment of the charges for each one-year special permit shall not exceed five thousand five hundred dollars ($5,500).

(m) (1) The commission is authorized to issue special permits to towing businesses for the operation of wreckers or towing vehicles used as emergency vehicles under § 27-36-305(b) when the operation and movement of the vehicle or combination of vehicles exceed the maximum size and weight limitations imposed by law as provided under this subsection. (2) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee per wrecker or tow vehicle not to exceed five hundred dollars ($500), the commission, through the director, may issue a special permit valid for one (1) single trip or for a period of one (1) year that authorizes a towing business licensed under § 27-50-1203 to use a wrecker or tow vehicle permitted under this subdivision (m)(2) to move at any time of day or night a vehicle that is disabled or wrecked when that movement: (A) Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and (B) Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway rights-of-way to: (i) The nearest point of storage or repair used by the towing or wrecker company; (ii) The nearest point of storage or repair used by the owner or operator of the vehicle; or (iii) The nearest authorized repair center for the vehicle.

(1) The commission is authorized to issue special permits to towing businesses for the operation of wreckers or towing vehicles used as emergency vehicles under § 27-36-305(b) when the operation and movement of the vehicle or combination of vehicles exceed the maximum size and weight limitations imposed by law as provided under this subsection.

(2) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee per wrecker or tow vehicle not to exceed five hundred dollars ($500), the commission, through the director, may issue a special permit valid for one (1) single trip or for a period of one (1) year that authorizes a towing business licensed under § 27-50-1203 to use a wrecker or tow vehicle permitted under this subdivision (m)(2) to move at any time of day or night a vehicle that is disabled or wrecked when that movement: (A) Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and (B) Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway rights-of-way to: (i) The nearest point of storage or repair used by the towing or wrecker company; (ii) The nearest point of storage or repair used by the owner or operator of the vehicle; or (iii) The nearest authorized repair center for the vehicle.

(A) Results in an oversized, overweight, or both oversized and overweight combination of vehicles; and

(B) Is the initial movement of disabled or wrecked vehicles or combination of vehicles from highways, roads, streets, or highway rights-of-way to: (i) The nearest point of storage or repair used by the towing or wrecker company; (ii) The nearest point of storage or repair used by the owner or operator of the vehicle; or (iii) The nearest authorized repair center for the vehicle.

(i) The nearest point of storage or repair used by the towing or wrecker company;

(ii) The nearest point of storage or repair used by the owner or operator of the vehicle; or

(iii) The nearest authorized repair center for the vehicle.

(n) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement of a semitrailer or trailer unit, unladen or with load, operating in combination with a truck tractor unit, which exceeds the length as provided in § 27-35-208 , but not exceeding fifty-seven feet (57').

(o) Notwithstanding any other provision of law to the contrary and upon application and payment of a permit fee not to exceed five hundred dollars ($500), the commission may issue a special permit valid for one (1) single trip or for a one-year period that authorizes the movement on state highways of a truck tractor and single semi-trailer combination with five (5) axles hauling animal feed to livestock or poultry, which exceeds the maximum gross weight as provided in § 27-35-203 , with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.), and a total gross weight of eighty-five thousand pounds (85,000 lbs.).

(p) (1) Except as provided in subdivision (a)(2)(A) of this section, the commission may issue a special permit valid for one (1) year authorizing the movement of a vehicle hauling farm machinery equipment that exceeds the maximum width authorized under § 27-35-206 , but does not exceed twelve feet (12'), if a farm machinery equipment dealer: (A) Applies to the commission for the special permit; and (B) Pays a fee not to exceed five hundred dollars ($500) per vehicle authorized under this subdivision (p)(1). (2) A farm machinery equipment dealer is responsible for the safe routing of a vehicle issued a permit under subdivision (p)(1) of this section, including without limitation ensuring the highways traveled by the vehicle are sufficiently wide for the safety of the vehicle and the traveling public. (3) The commission may require that a farm machinery equipment dealer provide a bond or other security to compensate the Arkansas Department of Transportation in the event of: (A) Damage to a highway or a highway structure caused by a vehicle issued a permit under subdivision (p)(1) of this section; or (B) Costs related to the extrication of a vehicle issued a permit under subdivision (p)(1) of this section from a width-restricted highway or a highway construction or maintenance zone. (4) A vehicle issued a permit under subdivision (p)(1) of this section shall not exceed the height, length, or weight restrictions required under this subchapter.

(1) Except as provided in subdivision (a)(2)(A) of this section, the commission may issue a special permit valid for one (1) year authorizing the movement of a vehicle hauling farm machinery equipment that exceeds the maximum width authorized under § 27-35-206 , but does not exceed twelve feet (12'), if a farm machinery equipment dealer: (A) Applies to the commission for the special permit; and (B) Pays a fee not to exceed five hundred dollars ($500) per vehicle authorized under this subdivision (p)(1).

(A) Applies to the commission for the special permit; and

(B) Pays a fee not to exceed five hundred dollars ($500) per vehicle authorized under this subdivision (p)(1).

(2) A farm machinery equipment dealer is responsible for the safe routing of a vehicle issued a permit under subdivision (p)(1) of this section, including without limitation ensuring the highways traveled by the vehicle are sufficiently wide for the safety of the vehicle and the traveling public.

(3) The commission may require that a farm machinery equipment dealer provide a bond or other security to compensate the Arkansas Department of Transportation in the event of: (A) Damage to a highway or a highway structure caused by a vehicle issued a permit under subdivision (p)(1) of this section; or (B) Costs related to the extrication of a vehicle issued a permit under subdivision (p)(1) of this section from a width-restricted highway or a highway construction or maintenance zone.

(A) Damage to a highway or a highway structure caused by a vehicle issued a permit under subdivision (p)(1) of this section; or

(B) Costs related to the extrication of a vehicle issued a permit under subdivision (p)(1) of this section from a width-restricted highway or a highway construction or maintenance zone.

(4) A vehicle issued a permit under subdivision (p)(1) of this section shall not exceed the height, length, or weight restrictions required under this subchapter.

(q) (1) The commission may issue a special permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.). (2) A truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, issued a permit under subdivision (q)(1) of this section shall not exceed the height, length, or width restrictions required under this chapter. (3) The Arkansas Department of Transportation in coordination with the Department of Agriculture shall promulgate rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit.

(1) The commission may issue a special permit valid for one (1) year authorizing the movement of a truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, with a minimum of five (5) axles hauling agronomic or horticultural crops in their natural state that exceed the maximum gross weight as provided in § 27-35-203 but do not exceed a total gross weight of one hundred thousand pounds (100,000 lbs.).

(2) A truck tractor and semi-trailer combination, or a truck tractor and semi-trailer-trailer combination, issued a permit under subdivision (q)(1) of this section shall not exceed the height, length, or width restrictions required under this chapter.

(3) The Arkansas Department of Transportation in coordination with the Department of Agriculture shall promulgate rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit.

(r) (1) Upon application, the commission may issue a special permit valid for one (1) year for the movement of a truck tractor and single semitrailer combination with five (5) axles for the hauling of forestry equipment in excess of the maximum gross weight as provided in § 27-35-203 but not more than: (A) Twenty thousand pounds (20,0000 lbs.) for a single axle, or forty-six thousand pounds (46,000 lbs.) for a tandem axle; and (B) One hundred four thousand pounds (104,000 lbs.) of total gross weight. (2) The fee for the special permit shall not exceed two hundred fifty dollars ($250). (3) The Arkansas Department of Transportation shall adopt rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit.

(1) Upon application, the commission may issue a special permit valid for one (1) year for the movement of a truck tractor and single semitrailer combination with five (5) axles for the hauling of forestry equipment in excess of the maximum gross weight as provided in § 27-35-203 but not more than: (A) Twenty thousand pounds (20,0000 lbs.) for a single axle, or forty-six thousand pounds (46,000 lbs.) for a tandem axle; and (B) One hundred four thousand pounds (104,000 lbs.) of total gross weight.

(A) Twenty thousand pounds (20,0000 lbs.) for a single axle, or forty-six thousand pounds (46,000 lbs.) for a tandem axle; and

(B) One hundred four thousand pounds (104,000 lbs.) of total gross weight.

(2) The fee for the special permit shall not exceed two hundred fifty dollars ($250).

(3) The Arkansas Department of Transportation shall adopt rules necessary to implement this subsection, including without limitation the criteria required to qualify for the issuance of a special permit.

Amended by Act 2021, No. 451,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 3138, eff. 7/24/2019.

Amended by Act 2019, No. 859,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1085,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 329, eff. 8/1/2017.

Amended by Act 2017, No. 650,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 740,§ 1, eff. 7/22/2015.

Amended by Act 2015EX1, No. 12,§ 1, eff. 6/1/2015.

Amended by Act 2015EX1, No. 11,§ 1, eff. 6/1/2015.

Amended by Act 2013, No. 1362,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1362,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1267,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1092,§ 1, eff. 8/16/2013.

Acts 1955, No. 98, § 6; 1955, No. 192, § 1; 1965, No. 436, § 1; 1965 (1st Ex. Sess.), No. 45, § 1; 1971, No. 32, § 1; 1977, No. 457, § 1; 1981, No. 807, § 1; 1985, No. 337, § 1; A.S.A. 1947, § 75-818; Acts 1991, No. 219, § 5; 1991, No. 704, § 1; 1995, No. 873, § 1; 1997, No. 136, § 1; 1997, No. 1026, § 2; 1997, No. 1156, § 1; 1999, No. 1511, § 1; 1999, No. 1571, § 1; 2005, No. 276, § 1; 2005, No. 1412, § 1; 2007, No. 241, § 1; 2007, No. 639, §§ 1-4; 2009, No. 406, § 2; 2009, No. 567, § 1; 2009, No. 1396, § 1.
Ark. Code Ann. § 27-1-102 — AR Code / Title 27 / Chapter 1 / Section 27-1-102
Legislative intent
Status: in_force

(a) It is the declared transportation policy of the General Assembly of the State of Arkansas to enhance the social and economic well-being of the citizenry of this state by requiring coordination of public and private transportation activities and the effective implementation of a safe and efficient total transportation system. (b) (1) The purpose of this chapter is to effectuate the transportation policy set out in subsection (a) of this section by preparing and coordinating a comprehensive, balanced, multimodel transportation plan for the state, including, but not limited to, airways, highways, railways, waterways, bicycling, mass transit, and other transportation facilities and services, whether publicly or privately owned, developed, operated, or maintained. (2) To this end, the Arkansas Department of Transportation is directed to establish and maintain coordination with all agencies of the state having transportation responsibility; local, city, and county governments; regional planning and transportation districts, commissions, and authorities; and private transportation agencies. (3) The General Assembly further directs that each agency, authority, board, commission, department, and institution of the state and its political subdivisions regularly or intermittently involved in any effort concerning public transportation planning and operation in the state shall inform the Arkansas Department of Transportation of its transportation plans for the future. (4) It is further directed that all transportation proposals by any public agency, authority, board, commission, department, or institution of the state and its political subdivisions involving any form of public transportation service to be operated on state highways shall be reviewed by the State Highway Commission as to its economy, effectiveness, efficiency, and equity in the overall transportation function of the state, its reciprocal relationships, and its coordination in the total transportation planning process for the state. Amended by Act 2017, No. 707,§ 306, eff. 8/1/2017. Acts 1977, No. 192, §§ 2, 3; A.S.A. 1947, §§ 76-2802, 76-2803; Acts 1995, No. 1296, § 90.

(a) It is the declared transportation policy of the General Assembly of the State of Arkansas to enhance the social and economic well-being of the citizenry of this state by requiring coordination of public and private transportation activities and the effective implementation of a safe and efficient total transportation system.

(b) (1) The purpose of this chapter is to effectuate the transportation policy set out in subsection (a) of this section by preparing and coordinating a comprehensive, balanced, multimodel transportation plan for the state, including, but not limited to, airways, highways, railways, waterways, bicycling, mass transit, and other transportation facilities and services, whether publicly or privately owned, developed, operated, or maintained. (2) To this end, the Arkansas Department of Transportation is directed to establish and maintain coordination with all agencies of the state having transportation responsibility; local, city, and county governments; regional planning and transportation districts, commissions, and authorities; and private transportation agencies. (3) The General Assembly further directs that each agency, authority, board, commission, department, and institution of the state and its political subdivisions regularly or intermittently involved in any effort concerning public transportation planning and operation in the state shall inform the Arkansas Department of Transportation of its transportation plans for the future. (4) It is further directed that all transportation proposals by any public agency, authority, board, commission, department, or institution of the state and its political subdivisions involving any form of public transportation service to be operated on state highways shall be reviewed by the State Highway Commission as to its economy, effectiveness, efficiency, and equity in the overall transportation function of the state, its reciprocal relationships, and its coordination in the total transportation planning process for the state.

(1) The purpose of this chapter is to effectuate the transportation policy set out in subsection (a) of this section by preparing and coordinating a comprehensive, balanced, multimodel transportation plan for the state, including, but not limited to, airways, highways, railways, waterways, bicycling, mass transit, and other transportation facilities and services, whether publicly or privately owned, developed, operated, or maintained.

(2) To this end, the Arkansas Department of Transportation is directed to establish and maintain coordination with all agencies of the state having transportation responsibility; local, city, and county governments; regional planning and transportation districts, commissions, and authorities; and private transportation agencies.

(3) The General Assembly further directs that each agency, authority, board, commission, department, and institution of the state and its political subdivisions regularly or intermittently involved in any effort concerning public transportation planning and operation in the state shall inform the Arkansas Department of Transportation of its transportation plans for the future.

(4) It is further directed that all transportation proposals by any public agency, authority, board, commission, department, or institution of the state and its political subdivisions involving any form of public transportation service to be operated on state highways shall be reviewed by the State Highway Commission as to its economy, effectiveness, efficiency, and equity in the overall transportation function of the state, its reciprocal relationships, and its coordination in the total transportation planning process for the state.

Amended by Act 2017, No. 707,§ 306, eff. 8/1/2017.

Acts 1977, No. 192, §§ 2, 3; A.S.A. 1947, §§ 76-2802, 76-2803; Acts 1995, No. 1296, § 90.
Ark. Code Ann. § 27-23-204 — AR Code / Title 27 / Chapter 23 / Subchapter 2 / Section 27-23-204
Testing
Status: in_force

An Arkansas employer shall test an employee for alcohol and drugs if this subchapter applies to both the Arkansas employer and employee under § 27-23-203(a)(1) and (2) . Acts 2007, No. 637, § 1; 2009, No. 456, § 14.

An Arkansas employer shall test an employee for alcohol and drugs if this subchapter applies to both the Arkansas employer and employee under § 27-23-203(a)(1) and (2) .

Acts 2007, No. 637, § 1; 2009, No. 456, § 14.
Ark. Code Ann. § 27-50-1001 — AR Code / Title 27 / Chapter 50 / Subchapter 10 / Section 27-50-1001
Copies to be obtained
Status: in_force

(a) The Office of Driver Services shall obtain a copy of every accident report filed with the Division of Arkansas State Police as required under Acts 1937, No. 300, as amended. (b) The Office of Driver Services shall reimburse the Division of Arkansas State Police for the cost, if any, of preparing copies of the accident reports. Acts 1979, No. 1037, § 1; A.S.A. 1947, § 75-1058.

(a) The Office of Driver Services shall obtain a copy of every accident report filed with the Division of Arkansas State Police as required under Acts 1937, No. 300, as amended.

(b) The Office of Driver Services shall reimburse the Division of Arkansas State Police for the cost, if any, of preparing copies of the accident reports.

Acts 1979, No. 1037, § 1; A.S.A. 1947, § 75-1058.
Ark. Code Ann. § 27-24-203 — AR Code / Title 27 / Chapter 24 / Subchapter 2 / Section 27-24-203
Definitions
Status: in_force

As used in this chapter: (1) "Aid and attendance" means veterans benefits paid to a veteran who because of physical disability cannot take care of himself or herself and must be assisted by another person; (2) "Disabled veteran" means an American veteran who: (A) Is a citizen and resident of the State of Arkansas; and (B) Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran who either: (i) Is totally and permanently disabled and: (a) Is the owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (b) Is issued a motor vehicle by the United States Department of Veterans Affairs under any public law; or (ii) Meets the following criteria: (a) Is at least thirty percent (30%) disabled; and (b) Is the owner of a motor vehicle that is used by or for the disabled veteran; (3) "Disabled veteran - nonservice injury" means any American veteran who: (A) Is a citizen and resident of the State of Arkansas; (B) Uses a wheelchair as a result of a nonservice-connected catastrophic injury; (C) Receives aid and attendance by the United States Department of Veterans Affairs; and (D) Is either: (i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (ii) Furnished a motor vehicle by the United States Department of Veterans Affairs; (4) "Disabled veteran - World War I" means a World War I veteran who: (A) Received a disabling injury while serving in the United States Armed Forces during World War I; and (B) Is either: (i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (ii) Furnished a motor vehicle by the United States Department of Veterans Affairs; (5) (A) "Merchant Marine" means a person who establishes that he or she: (i) Served in the United States Merchant Marine during the period of October 1, 1940, through December 31, 1945; and (ii) Is qualified to receive all applicable veterans benefits. (B) A person shall establish that he or she was a Merchant Marine under this subchapter by presenting a copy of the certificate of release or DD Form 214 with his or her application; (6) "Retired member of the armed forces" means a person who presents proof of retirement in the form of retirement orders issued by one (1) of the following services of the United States Armed Forces: (A) The United States Army; (B) The United States Navy; (C) The United States Marine Corps; (D) The United States Air Force; (E) The United States Coast Guard; (F) The Army National Guard; (G) The Air National Guard; or (H) The reserve components of the United States Armed Forces; (7) "Vietnam Era Veteran" means a veteran who can establish active-duty service during the time of the Vietnam War by presenting his or her military service discharge record in the form of the certificate of release or DD Form 214; and (8) "Vietnam Veteran" means a veteran who can establish that he or she received the Vietnam Service Medal by presenting his or her military service discharge record in the form of the certificate of release or DD Form 214. Amended by Act 2015, No. 703,§ 2, eff. 3/25/2015. Amended by Act 2015, No. 703,§ 1, eff. 3/25/2015. Amended by Act 2013, No. 1292,§ 3, eff. 1/1/2014. Amended by Act 2013, No. 1292,§ 2, eff. 1/1/2014. Amended by Act 2013, No. 495,§ 1, eff. 1/1/2014. Acts 2005, No. 2202, § 1; 2009, No. 632, § 1.

As used in this chapter:

(1) "Aid and attendance" means veterans benefits paid to a veteran who because of physical disability cannot take care of himself or herself and must be assisted by another person;

(2) "Disabled veteran" means an American veteran who: (A) Is a citizen and resident of the State of Arkansas; and (B) Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran who either: (i) Is totally and permanently disabled and: (a) Is the owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (b) Is issued a motor vehicle by the United States Department of Veterans Affairs under any public law; or (ii) Meets the following criteria: (a) Is at least thirty percent (30%) disabled; and (b) Is the owner of a motor vehicle that is used by or for the disabled veteran;

(A) Is a citizen and resident of the State of Arkansas; and

(B) Has been determined by the United States Department of Veterans Affairs to be a disabled service-connected veteran who either: (i) Is totally and permanently disabled and: (a) Is the owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (b) Is issued a motor vehicle by the United States Department of Veterans Affairs under any public law; or (ii) Meets the following criteria: (a) Is at least thirty percent (30%) disabled; and (b) Is the owner of a motor vehicle that is used by or for the disabled veteran;

(i) Is totally and permanently disabled and: (a) Is the owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (b) Is issued a motor vehicle by the United States Department of Veterans Affairs under any public law; or

(a) Is the owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or

(b) Is issued a motor vehicle by the United States Department of Veterans Affairs under any public law; or

(ii) Meets the following criteria: (a) Is at least thirty percent (30%) disabled; and (b) Is the owner of a motor vehicle that is used by or for the disabled veteran;

(a) Is at least thirty percent (30%) disabled; and

(b) Is the owner of a motor vehicle that is used by or for the disabled veteran;

(3) "Disabled veteran - nonservice injury" means any American veteran who: (A) Is a citizen and resident of the State of Arkansas; (B) Uses a wheelchair as a result of a nonservice-connected catastrophic injury; (C) Receives aid and attendance by the United States Department of Veterans Affairs; and (D) Is either: (i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (ii) Furnished a motor vehicle by the United States Department of Veterans Affairs;

(A) Is a citizen and resident of the State of Arkansas;

(B) Uses a wheelchair as a result of a nonservice-connected catastrophic injury;

(C) Receives aid and attendance by the United States Department of Veterans Affairs; and

(D) Is either: (i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (ii) Furnished a motor vehicle by the United States Department of Veterans Affairs;

(i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or

(ii) Furnished a motor vehicle by the United States Department of Veterans Affairs;

(4) "Disabled veteran - World War I" means a World War I veteran who: (A) Received a disabling injury while serving in the United States Armed Forces during World War I; and (B) Is either: (i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (ii) Furnished a motor vehicle by the United States Department of Veterans Affairs;

(A) Received a disabling injury while serving in the United States Armed Forces during World War I; and

(B) Is either: (i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or (ii) Furnished a motor vehicle by the United States Department of Veterans Affairs;

(i) The owner of a motor vehicle that is used by or for the totally and permanently disabled veteran; or

(ii) Furnished a motor vehicle by the United States Department of Veterans Affairs;

(5) (A) "Merchant Marine" means a person who establishes that he or she: (i) Served in the United States Merchant Marine during the period of October 1, 1940, through December 31, 1945; and (ii) Is qualified to receive all applicable veterans benefits. (B) A person shall establish that he or she was a Merchant Marine under this subchapter by presenting a copy of the certificate of release or DD Form 214 with his or her application;

(A) "Merchant Marine" means a person who establishes that he or she: (i) Served in the United States Merchant Marine during the period of October 1, 1940, through December 31, 1945; and (ii) Is qualified to receive all applicable veterans benefits.

(i) Served in the United States Merchant Marine during the period of October 1, 1940, through December 31, 1945; and

(ii) Is qualified to receive all applicable veterans benefits.

(B) A person shall establish that he or she was a Merchant Marine under this subchapter by presenting a copy of the certificate of release or DD Form 214 with his or her application;

(6) "Retired member of the armed forces" means a person who presents proof of retirement in the form of retirement orders issued by one (1) of the following services of the United States Armed Forces: (A) The United States Army; (B) The United States Navy; (C) The United States Marine Corps; (D) The United States Air Force; (E) The United States Coast Guard; (F) The Army National Guard; (G) The Air National Guard; or (H) The reserve components of the United States Armed Forces;

(A) The United States Army;

(B) The United States Navy;

(C) The United States Marine Corps;

(D) The United States Air Force;

(E) The United States Coast Guard;

(F) The Army National Guard;

(G) The Air National Guard; or

(H) The reserve components of the United States Armed Forces;

(7) "Vietnam Era Veteran" means a veteran who can establish active-duty service during the time of the Vietnam War by presenting his or her military service discharge record in the form of the certificate of release or DD Form 214; and

(8) "Vietnam Veteran" means a veteran who can establish that he or she received the Vietnam Service Medal by presenting his or her military service discharge record in the form of the certificate of release or DD Form 214.

Amended by Act 2015, No. 703,§ 2, eff. 3/25/2015.

Amended by Act 2015, No. 703,§ 1, eff. 3/25/2015.

Amended by Act 2013, No. 1292,§ 3, eff. 1/1/2014.

Amended by Act 2013, No. 1292,§ 2, eff. 1/1/2014.

Amended by Act 2013, No. 495,§ 1, eff. 1/1/2014.

Acts 2005, No. 2202, § 1; 2009, No. 632, § 1.
Ark. Code Ann. § 27-102-109 — AR Code / Title 27 / Chapter 102 / Section 27-102-109
Vesting of ownership in taker up
Status: in_force

If no demand shall be made within one (1) year from the taking up of any property under this chapter and the taker up has complied with the provisions of this chapter in all respects, then the property so taken up or the proceeds when sold shall vest in the taker up. Rev. Stat., ch. 134, § 14; C. & M. Dig., § 8745; Pope's Dig., § 11438; A.S.A. 1947, § 21-314.

If no demand shall be made within one (1) year from the taking up of any property under this chapter and the taker up has complied with the provisions of this chapter in all respects, then the property so taken up or the proceeds when sold shall vest in the taker up.

Rev. Stat., ch. 134, § 14; C. & M. Dig., § 8745; Pope's Dig., § 11438; A.S.A. 1947, § 21-314.
Ark. Code Ann. § 27-51-104 — AR Code / Title 27 / Chapter 51 / Subchapter 1 / Section 27-51-104
Careless and prohibited driving
Status: in_force

(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the State of Arkansas. (b) It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts: (1) Improper or unsafe lane changes on public roadways; (2) Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights; (3) Driving in such a manner or at such a speed so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle; (4) Driving too close to or colliding with parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares; (5) Driving a vehicle which has any part thereof or any object extended in such fashion as to endanger persons or property; (6) To operate any vehicle in such a manner which would cause a failure to maintain control; (7) To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or (8) To operate a vehicle in any manner when the driver is inattentive and such inattention is not reasonable and prudent in maintaining vehicular control. (c) A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100). Acts 1995, No. 807, § 1.

(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the State of Arkansas.

(b) It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts: (1) Improper or unsafe lane changes on public roadways; (2) Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights; (3) Driving in such a manner or at such a speed so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle; (4) Driving too close to or colliding with parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares; (5) Driving a vehicle which has any part thereof or any object extended in such fashion as to endanger persons or property; (6) To operate any vehicle in such a manner which would cause a failure to maintain control; (7) To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or (8) To operate a vehicle in any manner when the driver is inattentive and such inattention is not reasonable and prudent in maintaining vehicular control.

(1) Improper or unsafe lane changes on public roadways;

(2) Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights;

(3) Driving in such a manner or at such a speed so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle;

(4) Driving too close to or colliding with parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares;

(5) Driving a vehicle which has any part thereof or any object extended in such fashion as to endanger persons or property;

(6) To operate any vehicle in such a manner which would cause a failure to maintain control;

(7) To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or

(8) To operate a vehicle in any manner when the driver is inattentive and such inattention is not reasonable and prudent in maintaining vehicular control.

(c) A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).

Acts 1995, No. 807, § 1.
Ark. Code Ann. § 27-51-1101 — AR Code / Title 27 / Chapter 51 / Subchapter 11 / Section 27-51-1101
Definition
Status: in_force

As used in this subchapter, unless the context otherwise requires, "church bus" means any bus or van which: (1) Is used to transport people to or from any church or church function; (2) Has a sign on the front and rear of such bus or van with the words "CHURCH BUS" written in letters of not less than eight inches (8") in height; (3) Is equipped with flasher lights to indicate that the bus or van is receiving or discharging its passengers; and (4) Is of a color other than school bus yellow. Acts 1983, No. 398, § 1; A.S.A. 1947, § 75-668.

As used in this subchapter, unless the context otherwise requires, "church bus" means any bus or van which:

(1) Is used to transport people to or from any church or church function;

(2) Has a sign on the front and rear of such bus or van with the words "CHURCH BUS" written in letters of not less than eight inches (8") in height;

(3) Is equipped with flasher lights to indicate that the bus or van is receiving or discharging its passengers; and

(4) Is of a color other than school bus yellow.

Acts 1983, No. 398, § 1; A.S.A. 1947, § 75-668.
Ark. Code Ann. § 27-23-208 — AR Code / Title 27 / Chapter 23 / Subchapter 2 / Section 27-23-208
[Repealed]
Status: repealed

Repealed by Act 2023, No. 681,§ 5, eff. 8/1/2023. Acts 2007, No. 637, § 1.

Repealed by Act 2023, No. 681,§ 5, eff. 8/1/2023.

Acts 2007, No. 637, § 1.
Ark. Code Ann. § 27-76-409 — AR Code / Title 27 / Chapter 76 / Subchapter 4 / Section 27-76-409
Agreements to construct, maintain, and operate transportation projects
Status: in_force

(a) (1) A regional mobility authority may enter into an agreement with a governmental entity. (2) For purposes of this section, a governmental entity may include: (A) The United States Government; (B) A state of the United States; (C) Another governmental entity; (D) A political subdivision of another governmental entity; or (E) A toll road corporation owned or operated by any governmental entity. (b) (1) A regional mobility authority may enter into an agreement to allow a public or private entity to: (A) Study the feasibility of a transportation project; or (B) Design, construct, maintain, or repair a transportation project. (2) A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project. (3) A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility. (c) (1) A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project. (2) The development agreement may include provisions relating to: (A) The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and (B) Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project. (d) A regional mobility authority shall not incur a financial obligation on behalf of or guarantee the obligations of a governmental entity or a private entity that constructs, maintains, or operates a transportation project. (e) A regional mobility authority or a county or municipality that is a member of a regional mobility authority is not liable for any financial or other obligation of a transportation project solely because a governmental entity or a private entity constructs or finances part of a transportation project. (f) A regional mobility authority shall not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services. Acts 2007, No. 389, § 1.

(a) (1) A regional mobility authority may enter into an agreement with a governmental entity. (2) For purposes of this section, a governmental entity may include: (A) The United States Government; (B) A state of the United States; (C) Another governmental entity; (D) A political subdivision of another governmental entity; or (E) A toll road corporation owned or operated by any governmental entity.

(1) A regional mobility authority may enter into an agreement with a governmental entity.

(2) For purposes of this section, a governmental entity may include: (A) The United States Government; (B) A state of the United States; (C) Another governmental entity; (D) A political subdivision of another governmental entity; or (E) A toll road corporation owned or operated by any governmental entity.

(A) The United States Government;

(B) A state of the United States;

(C) Another governmental entity;

(D) A political subdivision of another governmental entity; or

(E) A toll road corporation owned or operated by any governmental entity.

(b) (1) A regional mobility authority may enter into an agreement to allow a public or private entity to: (A) Study the feasibility of a transportation project; or (B) Design, construct, maintain, or repair a transportation project. (2) A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project. (3) A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.

(1) A regional mobility authority may enter into an agreement to allow a public or private entity to: (A) Study the feasibility of a transportation project; or (B) Design, construct, maintain, or repair a transportation project.

(A) Study the feasibility of a transportation project; or

(B) Design, construct, maintain, or repair a transportation project.

(2) A regional mobility authority and one (1) or more entities described under subsection (a) of this section may enter into a joint agreement to study the feasibility of a transportation project or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a transportation project.

(3) A regional mobility authority shall not sell a toll facility project to a private entity or enter into a lease for a toll facility or a concession agreement related to a toll facility.

(c) (1) A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project. (2) The development agreement may include provisions relating to: (A) The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and (B) Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project.

(1) A regional mobility authority has broad discretion to negotiate provisions in a development agreement through which a governmental entity or private entity may contribute resources or improvements to a project.

(2) The development agreement may include provisions relating to: (A) The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and (B) Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project.

(A) The design, financing, and construction of a transportation project in accordance with standards adopted by the regional mobility authority; and

(B) Professional and consulting services to be rendered under standards adopted by the regional mobility authority in connection with a transportation project.

(d) A regional mobility authority shall not incur a financial obligation on behalf of or guarantee the obligations of a governmental entity or a private entity that constructs, maintains, or operates a transportation project.

(e) A regional mobility authority or a county or municipality that is a member of a regional mobility authority is not liable for any financial or other obligation of a transportation project solely because a governmental entity or a private entity constructs or finances part of a transportation project.

(f) A regional mobility authority shall not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services.

Acts 2007, No. 389, § 1.
Ark. Code Ann. § 27-69-202 — AR Code / Title 27 / Chapter 69 / Subchapter 2 / Section 27-69-202
Members
Status: in_force

(a) (1) The Mississippi River Parkway Commission of Arkansas shall be composed of ten (10) members appointed by the Governor: (A) One (1) member shall be a resident of Mississippi County; (B) One (1) member shall be a resident of Crittenden County; (C) One (1) member shall be a resident of St. Francis County; (D) One (1) member shall be a resident of Lee County; (E) One (1) member shall be a resident of Phillips County; (F) One (1) member shall be a resident of Monroe County; (G) One (1) member shall be a resident of Arkansas County; (H) One (1) member shall be a resident of Desha County; (I) One (1) member shall be a resident of Drew County; and (J) One (1) member shall be a resident of Chicot County. (2) All members shall be appointed for terms of five (5) years. (b) [Repealed.] (c) Immediately upon making any appointment to the Mississippi River Parkway Commission of Arkansas, the Governor making the appointment shall notify the Mississippi River Parkway Planning Commission, hereinafter called the national commission, giving the names and addresses of the member or members so appointed. (d) (1) Members of the Mississippi River Parkway Commission of Arkansas shall not receive compensation for their services but may receive expense reimbursement as provided in § 25-16-901 et seq. (2) These expenses shall be paid upon claims for reimbursement approved by the Chair of the Mississippi River Parkway Commission of Arkansas. Amended by Act 2023, No. 631,§ 5, eff. 8/1/2023. Acts 1961, No. 151, §§ 2, 6; 1963, No. 197, § 1; 1975, No. 496, § 6; 1981, No. 892, § 1; 1983, No. 20, § 1; 1985, No. 522, § 1; A.S.A. 1947, §§ 5-907.5, 76-1813, 76-1813.1, 76-1817; Acts 1995, No. 1296, § 98; 1997, No. 250, § 247.

(a) (1) The Mississippi River Parkway Commission of Arkansas shall be composed of ten (10) members appointed by the Governor: (A) One (1) member shall be a resident of Mississippi County; (B) One (1) member shall be a resident of Crittenden County; (C) One (1) member shall be a resident of St. Francis County; (D) One (1) member shall be a resident of Lee County; (E) One (1) member shall be a resident of Phillips County; (F) One (1) member shall be a resident of Monroe County; (G) One (1) member shall be a resident of Arkansas County; (H) One (1) member shall be a resident of Desha County; (I) One (1) member shall be a resident of Drew County; and (J) One (1) member shall be a resident of Chicot County. (2) All members shall be appointed for terms of five (5) years.

(1) The Mississippi River Parkway Commission of Arkansas shall be composed of ten (10) members appointed by the Governor: (A) One (1) member shall be a resident of Mississippi County; (B) One (1) member shall be a resident of Crittenden County; (C) One (1) member shall be a resident of St. Francis County; (D) One (1) member shall be a resident of Lee County; (E) One (1) member shall be a resident of Phillips County; (F) One (1) member shall be a resident of Monroe County; (G) One (1) member shall be a resident of Arkansas County; (H) One (1) member shall be a resident of Desha County; (I) One (1) member shall be a resident of Drew County; and (J) One (1) member shall be a resident of Chicot County.

(A) One (1) member shall be a resident of Mississippi County;

(B) One (1) member shall be a resident of Crittenden County;

(C) One (1) member shall be a resident of St. Francis County;

(D) One (1) member shall be a resident of Lee County;

(E) One (1) member shall be a resident of Phillips County;

(F) One (1) member shall be a resident of Monroe County;

(G) One (1) member shall be a resident of Arkansas County;

(H) One (1) member shall be a resident of Desha County;

(I) One (1) member shall be a resident of Drew County; and

(J) One (1) member shall be a resident of Chicot County.

(2) All members shall be appointed for terms of five (5) years.

(b) [Repealed.]

(c) Immediately upon making any appointment to the Mississippi River Parkway Commission of Arkansas, the Governor making the appointment shall notify the Mississippi River Parkway Planning Commission, hereinafter called the national commission, giving the names and addresses of the member or members so appointed.

(d) (1) Members of the Mississippi River Parkway Commission of Arkansas shall not receive compensation for their services but may receive expense reimbursement as provided in § 25-16-901 et seq. (2) These expenses shall be paid upon claims for reimbursement approved by the Chair of the Mississippi River Parkway Commission of Arkansas.

(1) Members of the Mississippi River Parkway Commission of Arkansas shall not receive compensation for their services but may receive expense reimbursement as provided in § 25-16-901 et seq.

(2) These expenses shall be paid upon claims for reimbursement approved by the Chair of the Mississippi River Parkway Commission of Arkansas.

Amended by Act 2023, No. 631,§ 5, eff. 8/1/2023.

Acts 1961, No. 151, §§ 2, 6; 1963, No. 197, § 1; 1975, No. 496, § 6; 1981, No. 892, § 1; 1983, No. 20, § 1; 1985, No. 522, § 1; A.S.A. 1947, §§ 5-907.5, 76-1813, 76-1813.1, 76-1817; Acts 1995, No. 1296, § 98; 1997, No. 250, § 247.
Ark. Code Ann. § 27-66-201 — AR Code / Title 27 / Chapter 66 / Subchapter 2 / Section 27-66-201
Worked roads
Status: in_force

All public roads in the several counties in this state on which the several county courts have, from time to time, appointed overseers to work, and directed that hands should be apportioned therefor, shall be declared and deemed to be public roads, without regard to any informality of the several county courts, or either of them, by which they were ordered to be declared public roads in their several counties. Acts 1859, No. 158, § 1, p. 188; C. & M. Dig., § 5223; Pope's Dig., § 6937; A.S.A. 1947, § 76-101.

All public roads in the several counties in this state on which the several county courts have, from time to time, appointed overseers to work, and directed that hands should be apportioned therefor, shall be declared and deemed to be public roads, without regard to any informality of the several county courts, or either of them, by which they were ordered to be declared public roads in their several counties.

Acts 1859, No. 158, § 1, p. 188; C. & M. Dig., § 5223; Pope's Dig., § 6937; A.S.A. 1947, § 76-101.
Ark. Code Ann. § 27-67-322 — AR Code / Title 27 / Chapter 67 / Subchapter 3 / Section 27-67-322
Reacquisition of surplus property by former owner - Definition
Status: in_force

(a) The State Highway Commission is authorized to sell in the manner provided by § 27-67-321 real or personal property, or an interest in real or personal property, which has been declared by commission resolution to be surplus and for sale. (b) (1) (A) The owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified: (i) In writing at their last known address; or (ii) By: (a) A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and (b) A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days. (B) The newspaper publication required under subdivision (b)(1)(A)(ii) of this section shall: (i) Identify the real property by: (a) Legal description consisting of job number and tract number; and (b) Physical address, if available; and (ii) Contain a reference or website link to the publication required under subdivision (b)(1)(A)(ii) of this section on the website of the Arkansas Department of Transportation. (C) The publication placed on the website of the Arkansas Department of Transportation as provided under subdivision (b)(1)(A)(ii) of this section shall contain the legal description of the real property in metes and bounds. (2) Within sixty (60) days after written notice or publication the owner from whom the property was acquired or his or her heirs, successors, or assigns shall have the option to purchase the property. (3) If the option to purchase under this section is not exercised within sixty (60) days of written notice or publication, the State Highway Commission may proceed to dispose of the property at public sale or by a negotiated sale. (c) (1) When an entire right-of-way parcel is declared surplus, it may be reacquired under this option by refunding the price for which it was acquired by the State Highway Commission. (2) When only a remnant or portion of the original acquisition is declared surplus by the State Highway Commission, it may be reacquired at its market value at the time it is declared surplus. (3) The market value shall be determined by three (3) appraisers certified or licensed under § 17-14-101 et seq. (d) (1) When real property or a portion of the real property held as a capital asset by the State Highway Commission is later declared surplus, the owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified as required under subdivision (b)(1)(B) of this section. (2) (A) The market value of the real property and improvements at the time the real property is declared surplus shall be determined by two (2) appraisers certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (B) However, if the Arkansas Department of Transportation's current assessment of the market value of the real property and improvements is fifty thousand dollars ($50,000) or less, then the market value required under subdivision (d)(2)(A) of this section shall be determined by one (1) appraiser certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (3) The option to purchase authorized under subsection (c) of this section shall not apply to a capital asset. (4) As used in this subsection, "capital asset" means real property acquired by the State Highway Commission and improved by the State Highway Commission with offices, shops, storage yards, or other necessary or auxiliary facilities, or property purchased as an uneconomic remnant. (e) When any real or personal property acquired for state highway purposes is either sold or returned to the owner from whom it was acquired and the price paid is refunded, any county that participated in the cost of the acquisition of the property shall share in the amount obtained from the sale, or the amount refunded, in the proportion in which it shared in the cost of acquisition. (f) (1) The transfer of surplus rail and other railroad track material purchased in part with federal transportation enhancement funds and granted to the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both, by the State Highway Commission shall not be subject to the procedures set forth in subsections (a)-(e) of this section. (2) Surplus rail and other track material described under this subsection may be transferred by gift or contract to a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district. (3) The purposes of this subsection shall be satisfied upon: (A) The adoption of a resolution by the State Highway Commission that the transfer will promote the continuation of rail service, economic development, or industrial growth; and (B) A transfer document executed by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both. Amended by Act 2021, No. 783,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5729, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5728, eff. 7/1/2019. Amended by Act 2017, No. 1036,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 1036,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 764,§ 2, eff. 8/16/2013. Acts 1953, No. 419, § 9; A.S.A. 1947, § 76-548; Acts 2007, No. 562, § 1; 2009, No. 483, § 9.

(a) The State Highway Commission is authorized to sell in the manner provided by § 27-67-321 real or personal property, or an interest in real or personal property, which has been declared by commission resolution to be surplus and for sale.

(b) (1) (A) The owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified: (i) In writing at their last known address; or (ii) By: (a) A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and (b) A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days. (B) The newspaper publication required under subdivision (b)(1)(A)(ii) of this section shall: (i) Identify the real property by: (a) Legal description consisting of job number and tract number; and (b) Physical address, if available; and (ii) Contain a reference or website link to the publication required under subdivision (b)(1)(A)(ii) of this section on the website of the Arkansas Department of Transportation. (C) The publication placed on the website of the Arkansas Department of Transportation as provided under subdivision (b)(1)(A)(ii) of this section shall contain the legal description of the real property in metes and bounds. (2) Within sixty (60) days after written notice or publication the owner from whom the property was acquired or his or her heirs, successors, or assigns shall have the option to purchase the property. (3) If the option to purchase under this section is not exercised within sixty (60) days of written notice or publication, the State Highway Commission may proceed to dispose of the property at public sale or by a negotiated sale.

(1) (A) The owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified: (i) In writing at their last known address; or (ii) By: (a) A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and (b) A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days. (B) The newspaper publication required under subdivision (b)(1)(A)(ii) of this section shall: (i) Identify the real property by: (a) Legal description consisting of job number and tract number; and (b) Physical address, if available; and (ii) Contain a reference or website link to the publication required under subdivision (b)(1)(A)(ii) of this section on the website of the Arkansas Department of Transportation. (C) The publication placed on the website of the Arkansas Department of Transportation as provided under subdivision (b)(1)(A)(ii) of this section shall contain the legal description of the real property in metes and bounds.

(A) The owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified: (i) In writing at their last known address; or (ii) By: (a) A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and (b) A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days.

(i) In writing at their last known address; or

(ii) By: (a) A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and (b) A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days.

(a) A one-time publication in one (1) newspaper either in the county where the real property is located or if a county newspaper does not exist, in one (1) newspaper of statewide circulation; and

(b) A publication placed on the website of the Arkansas Department of Transportation for a period of twenty-one (21) consecutive calendar days.

(B) The newspaper publication required under subdivision (b)(1)(A)(ii) of this section shall: (i) Identify the real property by: (a) Legal description consisting of job number and tract number; and (b) Physical address, if available; and (ii) Contain a reference or website link to the publication required under subdivision (b)(1)(A)(ii) of this section on the website of the Arkansas Department of Transportation.

(i) Identify the real property by: (a) Legal description consisting of job number and tract number; and (b) Physical address, if available; and

(a) Legal description consisting of job number and tract number; and

(b) Physical address, if available; and

(ii) Contain a reference or website link to the publication required under subdivision (b)(1)(A)(ii) of this section on the website of the Arkansas Department of Transportation.

(C) The publication placed on the website of the Arkansas Department of Transportation as provided under subdivision (b)(1)(A)(ii) of this section shall contain the legal description of the real property in metes and bounds.

(2) Within sixty (60) days after written notice or publication the owner from whom the property was acquired or his or her heirs, successors, or assigns shall have the option to purchase the property.

(3) If the option to purchase under this section is not exercised within sixty (60) days of written notice or publication, the State Highway Commission may proceed to dispose of the property at public sale or by a negotiated sale.

(c) (1) When an entire right-of-way parcel is declared surplus, it may be reacquired under this option by refunding the price for which it was acquired by the State Highway Commission. (2) When only a remnant or portion of the original acquisition is declared surplus by the State Highway Commission, it may be reacquired at its market value at the time it is declared surplus. (3) The market value shall be determined by three (3) appraisers certified or licensed under § 17-14-101 et seq.

(1) When an entire right-of-way parcel is declared surplus, it may be reacquired under this option by refunding the price for which it was acquired by the State Highway Commission.

(2) When only a remnant or portion of the original acquisition is declared surplus by the State Highway Commission, it may be reacquired at its market value at the time it is declared surplus.

(3) The market value shall be determined by three (3) appraisers certified or licensed under § 17-14-101 et seq.

(d) (1) When real property or a portion of the real property held as a capital asset by the State Highway Commission is later declared surplus, the owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified as required under subdivision (b)(1)(B) of this section. (2) (A) The market value of the real property and improvements at the time the real property is declared surplus shall be determined by two (2) appraisers certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (B) However, if the Arkansas Department of Transportation's current assessment of the market value of the real property and improvements is fifty thousand dollars ($50,000) or less, then the market value required under subdivision (d)(2)(A) of this section shall be determined by one (1) appraiser certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (3) The option to purchase authorized under subsection (c) of this section shall not apply to a capital asset. (4) As used in this subsection, "capital asset" means real property acquired by the State Highway Commission and improved by the State Highway Commission with offices, shops, storage yards, or other necessary or auxiliary facilities, or property purchased as an uneconomic remnant.

(1) When real property or a portion of the real property held as a capital asset by the State Highway Commission is later declared surplus, the owner from whom the property was acquired or his or her heirs, successors, or assigns shall be notified as required under subdivision (b)(1)(B) of this section.

(2) (A) The market value of the real property and improvements at the time the real property is declared surplus shall be determined by two (2) appraisers certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq. (B) However, if the Arkansas Department of Transportation's current assessment of the market value of the real property and improvements is fifty thousand dollars ($50,000) or less, then the market value required under subdivision (d)(2)(A) of this section shall be determined by one (1) appraiser certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(A) The market value of the real property and improvements at the time the real property is declared surplus shall be determined by two (2) appraisers certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(B) However, if the Arkansas Department of Transportation's current assessment of the market value of the real property and improvements is fifty thousand dollars ($50,000) or less, then the market value required under subdivision (d)(2)(A) of this section shall be determined by one (1) appraiser certified or licensed under the Arkansas Appraiser Licensing and Certification Act, § 17-14-101 et seq., § 17-14-201 et seq., and § 17-14-301 et seq.

(3) The option to purchase authorized under subsection (c) of this section shall not apply to a capital asset.

(4) As used in this subsection, "capital asset" means real property acquired by the State Highway Commission and improved by the State Highway Commission with offices, shops, storage yards, or other necessary or auxiliary facilities, or property purchased as an uneconomic remnant.

(e) When any real or personal property acquired for state highway purposes is either sold or returned to the owner from whom it was acquired and the price paid is refunded, any county that participated in the cost of the acquisition of the property shall share in the amount obtained from the sale, or the amount refunded, in the proportion in which it shared in the cost of acquisition.

(f) (1) The transfer of surplus rail and other railroad track material purchased in part with federal transportation enhancement funds and granted to the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both, by the State Highway Commission shall not be subject to the procedures set forth in subsections (a)-(e) of this section. (2) Surplus rail and other track material described under this subsection may be transferred by gift or contract to a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district. (3) The purposes of this subsection shall be satisfied upon: (A) The adoption of a resolution by the State Highway Commission that the transfer will promote the continuation of rail service, economic development, or industrial growth; and (B) A transfer document executed by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both.

(1) The transfer of surplus rail and other railroad track material purchased in part with federal transportation enhancement funds and granted to the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both, by the State Highway Commission shall not be subject to the procedures set forth in subsections (a)-(e) of this section.

(2) Surplus rail and other track material described under this subsection may be transferred by gift or contract to a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district.

(3) The purposes of this subsection shall be satisfied upon: (A) The adoption of a resolution by the State Highway Commission that the transfer will promote the continuation of rail service, economic development, or industrial growth; and (B) A transfer document executed by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both.

(A) The adoption of a resolution by the State Highway Commission that the transfer will promote the continuation of rail service, economic development, or industrial growth; and

(B) A transfer document executed by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism, or both.

Amended by Act 2021, No. 783,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5729, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5728, eff. 7/1/2019.

Amended by Act 2017, No. 1036,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 1036,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 764,§ 2, eff. 8/16/2013.

Acts 1953, No. 419, § 9; A.S.A. 1947, § 76-548; Acts 2007, No. 562, § 1; 2009, No. 483, § 9.
Ark. Code Ann. § 27-101-802 — AR Code / Title 27 / Chapter 101 / Subchapter 8 / Section 27-101-802
Definitions
Status: in_force

As used in this subchapter: (1) "Boat dock" means a man-made structure that: (A) Protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation; and (B) Is connected to an electric power source in any way; and (2) "Marina" means a dock or basin that: (A) Provides moorings for motorboats and offers supply, repair, or other services for remuneration; and (B) Is connected to an electric power source in any way. Acts 2011, No. 571, § 2.

As used in this subchapter:

(1) "Boat dock" means a man-made structure that: (A) Protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation; and (B) Is connected to an electric power source in any way; and

(A) Protrudes into a body of water for the purpose of mooring a boat or for other water-related recreation; and

(B) Is connected to an electric power source in any way; and

(2) "Marina" means a dock or basin that: (A) Provides moorings for motorboats and offers supply, repair, or other services for remuneration; and (B) Is connected to an electric power source in any way.

(A) Provides moorings for motorboats and offers supply, repair, or other services for remuneration; and

(B) Is connected to an electric power source in any way.

Acts 2011, No. 571, § 2.
Ark. Code Ann. § 27-50-1213 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1213
Limitation on removing from the state
Status: in_force

(a) A towing or wrecker service licensed in a state other than Arkansas shall only remove a vehicle that was involved in a motor vehicle accident in the State of Arkansas from the site of the accident to another state if the state in which the towing or wrecker service is licensed extends the same privilege to a towing or wrecker service that is licensed in Arkansas and operating in the other state. (b) For the purpose of determining whether a state permits Arkansas-licensed wreckers and Arkansas-licensed towing vehicles to remove a vehicle that was involved in an accident in that state, any limitation imposed by a county, parish, city, or other political subdivision of that state is deemed an action of that state. (c) (1) This section applies only to the initial removal of a vehicle from the site of an accident to a point of storage or repair. (2) This section does not apply to the secondary towing of a vehicle after an investigation of a motor vehicle accident is completed. (d) When towing a vehicle in this state, a towing or wrecker service licensed in a state other than Arkansas must comply with the provisions of this subchapter and § 27-35-112 . Acts 2005, No. 1807, § 1; 2007, No. 1053, § 14.

(a) A towing or wrecker service licensed in a state other than Arkansas shall only remove a vehicle that was involved in a motor vehicle accident in the State of Arkansas from the site of the accident to another state if the state in which the towing or wrecker service is licensed extends the same privilege to a towing or wrecker service that is licensed in Arkansas and operating in the other state.

(b) For the purpose of determining whether a state permits Arkansas-licensed wreckers and Arkansas-licensed towing vehicles to remove a vehicle that was involved in an accident in that state, any limitation imposed by a county, parish, city, or other political subdivision of that state is deemed an action of that state.

(c) (1) This section applies only to the initial removal of a vehicle from the site of an accident to a point of storage or repair. (2) This section does not apply to the secondary towing of a vehicle after an investigation of a motor vehicle accident is completed.

(1) This section applies only to the initial removal of a vehicle from the site of an accident to a point of storage or repair.

(2) This section does not apply to the secondary towing of a vehicle after an investigation of a motor vehicle accident is completed.

(d) When towing a vehicle in this state, a towing or wrecker service licensed in a state other than Arkansas must comply with the provisions of this subchapter and § 27-35-112 .

Acts 2005, No. 1807, § 1; 2007, No. 1053, § 14.
Ark. Code Ann. § 27-16-206 — AR Code / Title 27 / Chapter 16 / Subchapter 2 / Section 27-16-206
[Repealed]
Status: repealed

Repealed by Act 2017, No. 448,§ 20, eff. 8/1/2017. Acts 1937, No. 280, § 3; 1969, No. 300, § 1; A.S.A. 1947, § 75-303.

Repealed by Act 2017, No. 448,§ 20, eff. 8/1/2017.

Acts 1937, No. 280, § 3; 1969, No. 300, § 1; A.S.A. 1947, § 75-303.
Ark. Code Ann. § 27-2-107 — AR Code / Title 27 / Chapter 2 / Section 27-2-107
No additional requirements imposed on railroads
Status: in_force

Nothing contained in this chapter shall be construed as imposing any requirement or obligation on railroad carriers beyond the requirements and obligations imposed upon railroad carriers by applicable laws and regulations of the United States, including, without limitation, those pertaining to immediate containers, adequate immediate containers, adequate emergency equipment, if any, and labeling, all to the end that any railroad carrier which is in compliance with the laws and regulations of the United States shall be deemed to be in compliance with this chapter. Acts 1977, No. 421, § 7; A.S.A. 1947, § 76-2907.

Nothing contained in this chapter shall be construed as imposing any requirement or obligation on railroad carriers beyond the requirements and obligations imposed upon railroad carriers by applicable laws and regulations of the United States, including, without limitation, those pertaining to immediate containers, adequate immediate containers, adequate emergency equipment, if any, and labeling, all to the end that any railroad carrier which is in compliance with the laws and regulations of the United States shall be deemed to be in compliance with this chapter.

Acts 1977, No. 421, § 7; A.S.A. 1947, § 76-2907.
Ark. Code Ann. § 27-51-1303 — AR Code / Title 27 / Chapter 51 / Subchapter 13 / Section 27-51-1303
Stopping, standing, or parking outside of business or residence district
Status: in_force

(a) (1) Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or leave the vehicle off that part of the highway. In every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicles shall be available from a distance of two hundred feet (200') in each direction upon the highway. (2) Any driver who shall violate the provisions of this section shall be liable for any damages of which the violation is the proximate cause. (3) This subsection shall not apply to: (A) Employees or vehicles of the Arkansas Department of Transportation engaged in necessary construction, maintenance, or repair of the highways; (B) Authorized emergency vehicles on emergency trips such as police vehicles on duty, fire vehicles on calls, or ambulances and wreckers engaged in the removal of persons or vehicles from the traveled part of the highway; or (C) Public utility or service vehicles of any type, including, but not limited to, mail delivery, overnight couriers, electric or gas utility, or solid waste collection if the utility or service vehicles are at least one-half (½) outside the designated lane and remain on the highway only for the time reasonably necessary to perform the required service. (b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position. Amended by Act 2017, No. 707,§ 352, eff. 8/1/2017. Acts 1937, No. 300, § 90; Pope's Dig., § 6747; Acts 1959, No. 307, § 37; 1979, No. 674, § 1; A.S.A. 1947, § 75-647; Acts 2003, No. 863, § 1.

(a) (1) Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or leave the vehicle off that part of the highway. In every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicles shall be available from a distance of two hundred feet (200') in each direction upon the highway. (2) Any driver who shall violate the provisions of this section shall be liable for any damages of which the violation is the proximate cause. (3) This subsection shall not apply to: (A) Employees or vehicles of the Arkansas Department of Transportation engaged in necessary construction, maintenance, or repair of the highways; (B) Authorized emergency vehicles on emergency trips such as police vehicles on duty, fire vehicles on calls, or ambulances and wreckers engaged in the removal of persons or vehicles from the traveled part of the highway; or (C) Public utility or service vehicles of any type, including, but not limited to, mail delivery, overnight couriers, electric or gas utility, or solid waste collection if the utility or service vehicles are at least one-half (½) outside the designated lane and remain on the highway only for the time reasonably necessary to perform the required service.

(1) Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or leave the vehicle off that part of the highway. In every event, an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicles shall be available from a distance of two hundred feet (200') in each direction upon the highway.

(2) Any driver who shall violate the provisions of this section shall be liable for any damages of which the violation is the proximate cause.

(3) This subsection shall not apply to: (A) Employees or vehicles of the Arkansas Department of Transportation engaged in necessary construction, maintenance, or repair of the highways; (B) Authorized emergency vehicles on emergency trips such as police vehicles on duty, fire vehicles on calls, or ambulances and wreckers engaged in the removal of persons or vehicles from the traveled part of the highway; or (C) Public utility or service vehicles of any type, including, but not limited to, mail delivery, overnight couriers, electric or gas utility, or solid waste collection if the utility or service vehicles are at least one-half (½) outside the designated lane and remain on the highway only for the time reasonably necessary to perform the required service.

(A) Employees or vehicles of the Arkansas Department of Transportation engaged in necessary construction, maintenance, or repair of the highways;

(B) Authorized emergency vehicles on emergency trips such as police vehicles on duty, fire vehicles on calls, or ambulances and wreckers engaged in the removal of persons or vehicles from the traveled part of the highway; or

(C) Public utility or service vehicles of any type, including, but not limited to, mail delivery, overnight couriers, electric or gas utility, or solid waste collection if the utility or service vehicles are at least one-half (½) outside the designated lane and remain on the highway only for the time reasonably necessary to perform the required service.

(b) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in that position.

Amended by Act 2017, No. 707,§ 352, eff. 8/1/2017.

Acts 1937, No. 300, § 90; Pope's Dig., § 6747; Acts 1959, No. 307, § 37; 1979, No. 674, § 1; A.S.A. 1947, § 75-647; Acts 2003, No. 863, § 1.
Ark. Code Ann. § 27-67-221 — AR Code / Title 27 / Chapter 67 / Subchapter 2 / Section 27-67-221
Authority of Arkansas Department of Transportation to inform amateur radio operators of high frequency radio repeaters
Status: in_force

(a) The Arkansas Department of Transportation is authorized to post signs along the public streets and highways of Arkansas to inform persons who are licensed amateur radio operators of the existence of a high frequency radio repeater within a specific local area, provided such signs do not conflict with any rules or regulations of the United States Department of Transportation or the Manual on Uniform Traffic Control Devices. (b) (1) The Arkansas Department of Transportation is authorized to develop and adopt the appropriate signs showing "TWO-METER RADIO REPEATER AREA" or "AMATEUR RADIO FREQUENCY MONITORED" for use in the designated areas along the public streets and highways under its jurisdiction. (2) The signs may include the radio frequency of these local repeaters or the frequency being monitored by local radios. (3) (A) Any local amateur radio operators or any amateur radio club wishing to participate in this program shall be responsible for the costs of preparing and purchasing these signs. (B) (i) The Arkansas Department of Transportation is authorized to enter into an agreement with the participants to recover those costs. (ii) The Arkansas Department of Transportation is authorized to prepare and furnish the signs to the local participating radio clubs or operators at cost. (iii) The Arkansas Department of Transportation is further authorized to erect and maintain the signs at no cost to the local radio clubs or operators. (c) (1) The Arkansas Department of Transportation is authorized to contact all local amateur radio operators and any amateur radio clubs in Arkansas to inform them of this service. (2) Any amateur radio operator or radio club that wishes to participate in this program shall notify the Arkansas Department of Transportation of its interest and shall inform the Arkansas Department of Transportation of the radio frequencies which are monitored in its immediate area and the time periods during which they are monitored. (d) (1) The Arkansas Department of Transportation shall ensure the signs correlate with and, so far as possible, conform to the system of traffic-control devices that are currently in use by the Arkansas Department of Transportation. (2) The Arkansas Department of Transportation is authorized to erect the signs and review, at least biennially, all areas with signs within its jurisdiction to ensure the area still qualifies for having the signs posted. (e) The Director of State Highways and Transportation shall have the authority to promulgate any necessary rules to implement this section and establish any conditions and guidelines for participation by any local amateur radio operators or clubs. Amended by Act 2019, No. 315,§ 3167, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 393, eff. 8/1/2017. Acts 1995, No. 1100, §§ 1-4.

(a) The Arkansas Department of Transportation is authorized to post signs along the public streets and highways of Arkansas to inform persons who are licensed amateur radio operators of the existence of a high frequency radio repeater within a specific local area, provided such signs do not conflict with any rules or regulations of the United States Department of Transportation or the Manual on Uniform Traffic Control Devices.

(b) (1) The Arkansas Department of Transportation is authorized to develop and adopt the appropriate signs showing "TWO-METER RADIO REPEATER AREA" or "AMATEUR RADIO FREQUENCY MONITORED" for use in the designated areas along the public streets and highways under its jurisdiction. (2) The signs may include the radio frequency of these local repeaters or the frequency being monitored by local radios. (3) (A) Any local amateur radio operators or any amateur radio club wishing to participate in this program shall be responsible for the costs of preparing and purchasing these signs. (B) (i) The Arkansas Department of Transportation is authorized to enter into an agreement with the participants to recover those costs. (ii) The Arkansas Department of Transportation is authorized to prepare and furnish the signs to the local participating radio clubs or operators at cost. (iii) The Arkansas Department of Transportation is further authorized to erect and maintain the signs at no cost to the local radio clubs or operators.

(1) The Arkansas Department of Transportation is authorized to develop and adopt the appropriate signs showing "TWO-METER RADIO REPEATER AREA" or "AMATEUR RADIO FREQUENCY MONITORED" for use in the designated areas along the public streets and highways under its jurisdiction.

(2) The signs may include the radio frequency of these local repeaters or the frequency being monitored by local radios.

(3) (A) Any local amateur radio operators or any amateur radio club wishing to participate in this program shall be responsible for the costs of preparing and purchasing these signs. (B) (i) The Arkansas Department of Transportation is authorized to enter into an agreement with the participants to recover those costs. (ii) The Arkansas Department of Transportation is authorized to prepare and furnish the signs to the local participating radio clubs or operators at cost. (iii) The Arkansas Department of Transportation is further authorized to erect and maintain the signs at no cost to the local radio clubs or operators.

(A) Any local amateur radio operators or any amateur radio club wishing to participate in this program shall be responsible for the costs of preparing and purchasing these signs.

(B) (i) The Arkansas Department of Transportation is authorized to enter into an agreement with the participants to recover those costs. (ii) The Arkansas Department of Transportation is authorized to prepare and furnish the signs to the local participating radio clubs or operators at cost. (iii) The Arkansas Department of Transportation is further authorized to erect and maintain the signs at no cost to the local radio clubs or operators.

(i) The Arkansas Department of Transportation is authorized to enter into an agreement with the participants to recover those costs.

(ii) The Arkansas Department of Transportation is authorized to prepare and furnish the signs to the local participating radio clubs or operators at cost.

(iii) The Arkansas Department of Transportation is further authorized to erect and maintain the signs at no cost to the local radio clubs or operators.

(c) (1) The Arkansas Department of Transportation is authorized to contact all local amateur radio operators and any amateur radio clubs in Arkansas to inform them of this service. (2) Any amateur radio operator or radio club that wishes to participate in this program shall notify the Arkansas Department of Transportation of its interest and shall inform the Arkansas Department of Transportation of the radio frequencies which are monitored in its immediate area and the time periods during which they are monitored.

(1) The Arkansas Department of Transportation is authorized to contact all local amateur radio operators and any amateur radio clubs in Arkansas to inform them of this service.

(2) Any amateur radio operator or radio club that wishes to participate in this program shall notify the Arkansas Department of Transportation of its interest and shall inform the Arkansas Department of Transportation of the radio frequencies which are monitored in its immediate area and the time periods during which they are monitored.

(d) (1) The Arkansas Department of Transportation shall ensure the signs correlate with and, so far as possible, conform to the system of traffic-control devices that are currently in use by the Arkansas Department of Transportation. (2) The Arkansas Department of Transportation is authorized to erect the signs and review, at least biennially, all areas with signs within its jurisdiction to ensure the area still qualifies for having the signs posted.

(1) The Arkansas Department of Transportation shall ensure the signs correlate with and, so far as possible, conform to the system of traffic-control devices that are currently in use by the Arkansas Department of Transportation.

(2) The Arkansas Department of Transportation is authorized to erect the signs and review, at least biennially, all areas with signs within its jurisdiction to ensure the area still qualifies for having the signs posted.

(e) The Director of State Highways and Transportation shall have the authority to promulgate any necessary rules to implement this section and establish any conditions and guidelines for participation by any local amateur radio operators or clubs.

Amended by Act 2019, No. 315,§ 3167, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 393, eff. 8/1/2017.

Acts 1995, No. 1100, §§ 1-4.
Ark. Code Ann. § 27-68-101 — AR Code / Title 27 / Chapter 68 / Section 27-68-101
Intent
Status: in_force

The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety and for the promotion of the general welfare. Acts 1953, No. 383, § 1; A.S.A. 1947, § 76-2201.

The General Assembly finds, determines, and declares that this chapter is necessary for the immediate preservation of the public peace, health, and safety and for the promotion of the general welfare.

Acts 1953, No. 383, § 1; A.S.A. 1947, § 76-2201.
Ark. Code Ann. § 27-116-302 — AR Code / Title 27 / Chapter 116 / Subchapter 3 / Section 27-116-302
Contracts made in flight
Status: in_force

All contractual and other relations entered into by pilots or passengers while in flight over or above the lands or waters of this state shall be governed by the laws applicable to similar relations entered into on the lands of this state. Acts 1941, No. 457, § 12; A.S.A. 1947, § 74-112.

All contractual and other relations entered into by pilots or passengers while in flight over or above the lands or waters of this state shall be governed by the laws applicable to similar relations entered into on the lands of this state.

Acts 1941, No. 457, § 12; A.S.A. 1947, § 74-112.
Ark. Code Ann. § 27-35-110 — AR Code / Title 27 / Chapter 35 / Subchapter 1 / Section 27-35-110
Spilling loads on highways prohibited - Covers required for loads of sand, gravel, and rock - Exceptions
Status: in_force

(a) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom. (b) Sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway. (c) For a motor vehicle or a trailer with an open bed manufactured after September 30, 2001, no sand, gravel, or rock shall be transported on the paved public streets and highways of this state in a motor vehicle or trailer with an open bed unless the open bed is securely covered with a material which will prevent the load from dropping, sifting, leaking, or otherwise escaping therefrom. The cover shall be securely fastened to prevent the covering from becoming loose, detached, or in any manner a hazard to other users of the highway. (d) For a motor vehicle or a trailer with an open bed manufactured on or before September 30, 2001, a vehicle with an open bed transporting sand, gravel, or rock is required to be covered as prescribed in subsection (c) of this section unless six inches (6") of freeboard is maintained at the perimeter of the load within the open bed of the vehicle or trailer carrying the load. Measurements are to be taken at the perimeter of the vehicle's or trailer's bed and measured from the top edge of the bed down to the sand, gravel, or rock being transported. Acts 1937, No. 300, § 143; Pope's Dig., § 6803; A.S.A. 1947, § 75-805; Acts 1997, No. 425, § 1; 2001, No. 1706, § 1.

(a) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom.

(b) Sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

(c) For a motor vehicle or a trailer with an open bed manufactured after September 30, 2001, no sand, gravel, or rock shall be transported on the paved public streets and highways of this state in a motor vehicle or trailer with an open bed unless the open bed is securely covered with a material which will prevent the load from dropping, sifting, leaking, or otherwise escaping therefrom. The cover shall be securely fastened to prevent the covering from becoming loose, detached, or in any manner a hazard to other users of the highway.

(d) For a motor vehicle or a trailer with an open bed manufactured on or before September 30, 2001, a vehicle with an open bed transporting sand, gravel, or rock is required to be covered as prescribed in subsection (c) of this section unless six inches (6") of freeboard is maintained at the perimeter of the load within the open bed of the vehicle or trailer carrying the load. Measurements are to be taken at the perimeter of the vehicle's or trailer's bed and measured from the top edge of the bed down to the sand, gravel, or rock being transported.

Acts 1937, No. 300, § 143; Pope's Dig., § 6803; A.S.A. 1947, § 75-805; Acts 1997, No. 425, § 1; 2001, No. 1706, § 1.
Ark. Code Ann. § 27-15-2404 — AR Code / Title 27 / Chapter 15 / Subchapter 24 / Section 27-15-2404
Rules
Status: in_force

The Secretary of the Department of Finance and Administration shall make such rules as are necessary to ascertain compliance with all state license laws relating to the use and operation of motor vehicles before issuing the special license plates under this subchapter in lieu of the regular license plates. Amended by Act 2019, No. 315,§ 3111, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4628, eff. 7/1/2019. Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts 2005, No. 2202, § 2.

The Secretary of the Department of Finance and Administration shall make such rules as are necessary to ascertain compliance with all state license laws relating to the use and operation of motor vehicles before issuing the special license plates under this subchapter in lieu of the regular license plates.

Amended by Act 2019, No. 315,§ 3111, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4628, eff. 7/1/2019.

Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts 2005, No. 2202, § 2.
Ark. Code Ann. § 27-25-106 — AR Code / Title 27 / Chapter 25 / Section 27-25-106
Exemption - Vicarious liability
Status: in_force

A peer-to-peer car-sharing program and a shared-vehicle owner are exempt from vicarious liability consistent with 49 U.S.C. § 30106 , as it existed on January 1, 2023, and under any state law or local ordinance that imposes liability based solely on motor vehicle ownership. Added by Act 2023, No. 686,§ 3, eff. 8/1/2023.

A peer-to-peer car-sharing program and a shared-vehicle owner are exempt from vicarious liability consistent with 49 U.S.C. § 30106 , as it existed on January 1, 2023, and under any state law or local ordinance that imposes liability based solely on motor vehicle ownership.

Added by Act 2023, No. 686,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 27-49-114 — AR Code / Title 27 / Chapter 49 / Subchapter 1 / Section 27-49-114
Definitions
Status: in_force

As used in this subtitle: (1) "Business district" means the territory contiguous to and including a highway when fifty percent (50%) or more of the frontage along the highway for a distance of three hundred feet (300') or more is occupied by buildings in use for business; (2) "Crosswalk" means: (A) That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections; and (B) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface; (3) "Driver" means a person who drives or is in actual physical control of a vehicle; (4) "Explosives" means a chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb; (5) "Flammable liquid" means a liquid which has a flash point of seventy degrees Fahrenheit (70° F) or less as determined by a Tagliabue closed-cup test device or its equivalent; (6) "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; (7) "Local authorities" means a county, municipal, or other local board or body having authority to adopt local police regulations under the Arkansas Constitution and the laws of this state; (8) "Motor vehicle" means a vehicle that is self-propelled or that is propelled by electric power drawn from overhead trolley wires but not operated upon stationary rails or tracks; (9) (A) "Motorcycle" means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. (B) "Motorcycle" includes an autocycle as defined in § 27-20-303 . (C) "Motorcycle" does not include a tractor; (10) "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic; (11) "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed; (12) (A) "Owner" means a person who holds the legal title of a vehicle. (B) In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this subchapter; (13) "Pedestrian" means a person afoot; (14) "Person" means a natural person, firm, copartnership, association, or corporation; (15) "Pneumatic tire" means a tire in which compressed air is designed to support the load; (16) "Police officer" means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or rules; (17) "Private road or driveway" means a way or place in private ownership and used for vehicular travel by the owner and by those having express or implied permission from the owner; (18) "Railroad" means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails; (19) "Railroad sign or signal" means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train; (20) "Railroad train" means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars; (21) "Residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet (300') or more is substantially improved with residences or residences and buildings in use for business; (22) "Right-of-way" means the privilege of the immediate use of the highway; (23) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel; (24) "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone; (25) (A) "School bus" means a motor vehicle designed to carry more than ten (10) passengers that is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or (ii) Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities. (B) "School bus" does not mean a motor vehicle designed to carry more than twenty-five (25) passengers if the motor vehicle is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or (ii) Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities; (26) "Semitrailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle; (27) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians; (28) "Street" or "highway" means the entire width between boundary lines of a roadway publicly maintained when any part of the roadway is open to the use of the public for purposes of vehicular travel; (29) "Streetcar" means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality; (30) "Through highway" means a highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this subtitle; (31) "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, either singly or together, while using any highway for purposes of travel; (32) "Trailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle; and (33) "Vehicle" means a device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. Amended by Act 2019, No. 315,§ 3145, eff. 7/24/2019. Added by Act 2017, No. 448,§ 37, eff. 8/1/2017.

As used in this subtitle:

(1) "Business district" means the territory contiguous to and including a highway when fifty percent (50%) or more of the frontage along the highway for a distance of three hundred feet (300') or more is occupied by buildings in use for business;

(2) "Crosswalk" means: (A) That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections; and (B) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(A) That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections; and

(B) Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(3) "Driver" means a person who drives or is in actual physical control of a vehicle;

(4) "Explosives" means a chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb;

(5) "Flammable liquid" means a liquid which has a flash point of seventy degrees Fahrenheit (70° F) or less as determined by a Tagliabue closed-cup test device or its equivalent;

(6) "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two (2) highways that join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict;

(7) "Local authorities" means a county, municipal, or other local board or body having authority to adopt local police regulations under the Arkansas Constitution and the laws of this state;

(8) "Motor vehicle" means a vehicle that is self-propelled or that is propelled by electric power drawn from overhead trolley wires but not operated upon stationary rails or tracks;

(9) (A) "Motorcycle" means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground. (B) "Motorcycle" includes an autocycle as defined in § 27-20-303 . (C) "Motorcycle" does not include a tractor;

(A) "Motorcycle" means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground.

(B) "Motorcycle" includes an autocycle as defined in § 27-20-303 .

(C) "Motorcycle" does not include a tractor;

(10) "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic;

(11) "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed;

(12) (A) "Owner" means a person who holds the legal title of a vehicle. (B) In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this subchapter;

(A) "Owner" means a person who holds the legal title of a vehicle.

(B) In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this subchapter;

(13) "Pedestrian" means a person afoot;

(14) "Person" means a natural person, firm, copartnership, association, or corporation;

(15) "Pneumatic tire" means a tire in which compressed air is designed to support the load;

(16) "Police officer" means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or rules;

(17) "Private road or driveway" means a way or place in private ownership and used for vehicular travel by the owner and by those having express or implied permission from the owner;

(18) "Railroad" means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails;

(19) "Railroad sign or signal" means a sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train;

(20) "Railroad train" means a steam engine, electric, or other motor, with or without cars coupled thereto, operated upon rails, except streetcars;

(21) "Residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the highway for a distance of three hundred feet (300') or more is substantially improved with residences or residences and buildings in use for business;

(22) "Right-of-way" means the privilege of the immediate use of the highway;

(23) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel;

(24) "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;

(25) (A) "School bus" means a motor vehicle designed to carry more than ten (10) passengers that is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or (ii) Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities. (B) "School bus" does not mean a motor vehicle designed to carry more than twenty-five (25) passengers if the motor vehicle is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or (ii) Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities;

(A) "School bus" means a motor vehicle designed to carry more than ten (10) passengers that is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or (ii) Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities.

(i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school or school-sponsored activities; or

(ii) Privately owned and operated for compensation for the transportation of students to or from school or school-sponsored activities.

(B) "School bus" does not mean a motor vehicle designed to carry more than twenty-five (25) passengers if the motor vehicle is: (i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or (ii) Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities;

(i) Owned by a public or a governmental agency or a private school and operated for the transportation of students to or from school-sponsored activities but not used to transport students on any scheduled school bus route; or

(ii) Privately owned and operated for compensation under contract to a school district and used for the transportation of students to or from school-sponsored activities;

(26) "Semitrailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;

(27) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians;

(28) "Street" or "highway" means the entire width between boundary lines of a roadway publicly maintained when any part of the roadway is open to the use of the public for purposes of vehicular travel;

(29) "Streetcar" means a car other than a railroad train for transporting persons or property and operated upon rails principally within a municipality;

(30) "Through highway" means a highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing and when stop signs are erected as provided in this subtitle;

(31) "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances, either singly or together, while using any highway for purposes of travel;

(32) "Trailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle; and

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

Amended by Act 2019, No. 315,§ 3145, eff. 7/24/2019.

Added by Act 2017, No. 448,§ 37, eff. 8/1/2017.
Ark. Code Ann. § 27-49-203 — AR Code / Title 27 / Chapter 49 / Subchapter 2 / Section 27-49-203
[Repealed]
Status: repealed

Repealed by Act 2017, No. 448,§ 38, eff. 8/1/2017. Acts 1937, No. 300, § 16; Pope's Dig., § 6674; A.S.A. 1947, § 75-416.

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

Acts 1937, No. 300, § 16; Pope's Dig., § 6674; A.S.A. 1947, § 75-416.