Ark. Code Ann. § 27-23-108 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-108
Commercial driver license qualification standards - Definitions
Status: in_force

(a) Testing. (1) (A) To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has: (i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or (b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and (ii) Satisfied all other requirements imposed by state or federal law or regulation. (B) (i) The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section. (ii) The knowledge test administered by the division shall be given in electronic format. (iii) The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration. (C) The Department of Finance and Administration shall set the length of time consistent with federal law that the commercial driver license is valid under this subdivision (a)(1). (2) The division shall, by rules, authorize a person, including an agency of this state, an employer, a private driver training facility, another private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section pursuant to the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013. These third-party testing regulations shall provide at a minimum that: (A) A skills test given by a third-party tester is the same as a test that would otherwise be given by the division using: (i) The same version of the skills test; (ii) The same written instructions for test applicants; and (iii) The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; (B) A third-party skills test examiner shall meet the requirements of 49 C.F.R. § 384.228 , as in effect on January 1, 2013; (C) The third-party tester shall enter into an agreement with the division that demonstrates compliance with all of the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013; (D) The division shall designate and provide to any third-party testers the evidence to be used to indicate to the Department of Finance and Administration that an applicant had successfully passed the skills test; (E) The eligibility to become a third-party tester shall be open to qualified persons under the regulations at least two (2) times annually, provided there are sufficient numbers of qualified applicants to conduct classes; (F) The third-party tester shall pay a third-party testing administration fee as may be determined by the Director of the Division of Arkansas State Police to recover the costs of administering the testing program and examination distribution expenses; (G) The division shall issue each third-party skills test examiner a skills-testing certificate upon successful completion of a formal skills test examiner training course pursuant to 49 C.F.R. § 384.228 , as in effect on January 1, 2013; and (H) The division shall audit and monitor third-party testers and third-party skills test examiners pursuant to the requirements of 49 C.F.R. § 384.229 , as in effect on January 1, 2013. (3) (A) A third-party tester shall obtain and maintain a bond to pay for the retesting of drivers in the following amounts: (i) Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year; (ii) One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year; (iii) Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and (iv) Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year. (B) (i) A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year. (ii) Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year. (C) A governmental entity including without limitation a school district, public university, or college that is authorized to perform third-party testing is not required to initiate and maintain a bond as required by this section. (D) In the event that a third-party tester or one of its examiners is involved in fraudulent activities related to conducting skills testing that require a driver to be retested, the third-party tester's bond is liable to the division for payment of its actual costs to retest the driver. (b) Waiver of Skills Test. (1) The division may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R., § 383.77 , as in effect on January 1, 2013. (2) (A) As used in this subdivision (b)(2), "valid military commercial driver license" means any commercial driver license that is recognized by any active or reserve component of any branch or unit of the United States Armed Forces as currently being valid or as having been valid at the time of the applicant's separation or discharge from the military that occurred within the twelve-month period prior to the date of application to the Office of Driver Services for a commercial driver license. (B) The division shall waive the skills test specified in this section for any commercial driver license applicant who: (i) Possesses a valid military commercial driver license; (ii) Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license: (a) More than one (1) license except for a military license; (b) A license suspended, disqualified, revoked, or cancelled; (c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013; (d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013; (e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or (f) A traffic accident in which the applicant was at fault; and (iii) Provides evidence and certifies that he or she: (a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle; (b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and (c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military. (C) The division shall: (i) Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and (ii) Return the application for a commercial driver license, along with the military commercial driver license, to the Office of Driver Services for the issuance of the commercial driver license. (c) Limitations on Issuance of License. (1) A commercial driver license or commercial learner's permit may not be issued to a person: (A) While the person is subject to a disqualification from driving a commercial motor vehicle; (B) While the person's driver license is suspended, revoked, or canceled in any state; or (C) For one (1) year after the end of: (i) The disqualification under subdivision (c)(1)(A) of this section; or (ii) The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section. (2) A commercial driver license shall not be issued to a person who has a commercial driver license or any other driver license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state or states for cancellation. (d) Commercial Learner's Permit. (1) A commercial learner's permit may be issued by the Department of Finance and Administration pursuant to the requirements of 49 C.F.R. part 383, subpart E, as in effect on January 1, 2013, to an individual who: (A) Is domiciled in this state; (B) Holds a valid driver's license; (C) Has passed the knowledge tests and endorsement tests required by this section as applicable; and (D) Has met all other requirements of the Department of Finance and Administration. (2) (A) A commercial learner's permit is valid for a period of one hundred eighty (180) days from the date of issuance and may be renewed for an additional one hundred eighty (180) days. (B) If a commercial learner's permit holder has not been issued a commercial driver license while his or her commercial learner's permit is valid and the person wishes to obtain another commercial learner's permit, the person shall reapply for a commercial learner's permit and retake and pass the knowledge tests and endorsement tests, if applicable, as provided in this section. (3) A commercial learner's permit shall contain only the following endorsements, as restricted by 49 C.F.R. § 383.25 , as in effect on January 1, 2013: (A) "P" - passenger; (B) "S" - school bus; or (C) "N" - tank vehicle. (4) (A) A commercial learner's permit holder with a passenger ("P") endorsement shall have taken and passed the "P" endorsement knowledge test. (B) A commercial learner's permit holder with a "P" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (C) A "P" endorsement is class-specific. (5) (A) A commercial learner's permit holder with a school bus ("S") endorsement shall have taken and passed the "S" endorsement knowledge test. (B) A commercial learner's permit holder with an "S" endorsement is prohibited from operating a school bus with passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (6) (A) A commercial learner's permit holder with a tank vehicle ("N") endorsement shall have taken and passed the "N" endorsement knowledge test. (B) A commercial learner's permit holder with an "N" endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue. (7) Other than the endorsements contained in subdivision (d)(3) of this section, no other endorsements may be contained on a commercial learner's permit. (e) Human Trafficking Prevention Training. (1) A person may be issued a Class A commercial driver license only if he or she: (A) Completes a human trafficking prevention course administered by the division or by a third party approved by the division to present a human trafficking prevention course under regulations promulgated as provided in this section; or (B) Becomes a Certified Trucker Against Trafficking by completing the online certification course offered by Truckers Against Trafficking and provides evidence of completion to the Department of Finance and Administration with his or her application for a commercial driver license under § 27-23-110 . (2) A person who currently holds a Class A commercial driver license is not required to comply with this subsection when applying for renewal of the commercial driver license as required by § 27-23-111(g) so long as he or she has completed the human trafficking prevention training required under subdivision (e)(1) of this section at least once. Amended by Act 2019, No. 366,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 6047, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6046, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6045, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6044, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6043, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6042, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6041, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6040, eff. 7/1/2019. Amended by Act 2017, No. 922,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 578,§ 6, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 5, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 4, eff. 5/18/2015. Amended by Act 2015, No. 578,§ 3, eff. 5/18/2015. Amended by Act 2013, No. 758,§ 13, eff. 7/8/2014. Acts 1989, No. 241, § 8; 1995, No. 654, § 1; 2003, No. 217,§ 2; 2003, No. 842, § 2; 2003 (2nd Ex. Sess.), No. 5, §§ 1, 2; 2005, No. 76, § 1; 2005, No. 879, § 5; 2005, No. 942, § 1; 2007, No. 584, § 1.

(a) Testing. (1) (A) To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has: (i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or (b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and (ii) Satisfied all other requirements imposed by state or federal law or regulation. (B) (i) The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section. (ii) The knowledge test administered by the division shall be given in electronic format. (iii) The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration. (C) The Department of Finance and Administration shall set the length of time consistent with federal law that the commercial driver license is valid under this subdivision (a)(1). (2) The division shall, by rules, authorize a person, including an agency of this state, an employer, a private driver training facility, another private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section pursuant to the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013. These third-party testing regulations shall provide at a minimum that: (A) A skills test given by a third-party tester is the same as a test that would otherwise be given by the division using: (i) The same version of the skills test; (ii) The same written instructions for test applicants; and (iii) The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; (B) A third-party skills test examiner shall meet the requirements of 49 C.F.R. § 384.228 , as in effect on January 1, 2013; (C) The third-party tester shall enter into an agreement with the division that demonstrates compliance with all of the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013; (D) The division shall designate and provide to any third-party testers the evidence to be used to indicate to the Department of Finance and Administration that an applicant had successfully passed the skills test; (E) The eligibility to become a third-party tester shall be open to qualified persons under the regulations at least two (2) times annually, provided there are sufficient numbers of qualified applicants to conduct classes; (F) The third-party tester shall pay a third-party testing administration fee as may be determined by the Director of the Division of Arkansas State Police to recover the costs of administering the testing program and examination distribution expenses; (G) The division shall issue each third-party skills test examiner a skills-testing certificate upon successful completion of a formal skills test examiner training course pursuant to 49 C.F.R. § 384.228 , as in effect on January 1, 2013; and (H) The division shall audit and monitor third-party testers and third-party skills test examiners pursuant to the requirements of 49 C.F.R. § 384.229 , as in effect on January 1, 2013. (3) (A) A third-party tester shall obtain and maintain a bond to pay for the retesting of drivers in the following amounts: (i) Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year; (ii) One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year; (iii) Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and (iv) Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year. (B) (i) A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year. (ii) Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year. (C) A governmental entity including without limitation a school district, public university, or college that is authorized to perform third-party testing is not required to initiate and maintain a bond as required by this section. (D) In the event that a third-party tester or one of its examiners is involved in fraudulent activities related to conducting skills testing that require a driver to be retested, the third-party tester's bond is liable to the division for payment of its actual costs to retest the driver.

(1) (A) To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has: (i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or (b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and (ii) Satisfied all other requirements imposed by state or federal law or regulation. (B) (i) The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section. (ii) The knowledge test administered by the division shall be given in electronic format. (iii) The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration. (C) The Department of Finance and Administration shall set the length of time consistent with federal law that the commercial driver license is valid under this subdivision (a)(1).

(A) To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has: (i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or (b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and (ii) Satisfied all other requirements imposed by state or federal law or regulation.

(i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or (b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and

(a) Complies with minimum federal standards established by 49 C.F.R. § 383.79 if the person is a resident of another state and § 383.133, as in effect on January 1, 2013, and 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; or

(b) Uses a state-to-state testing system pre-approved by the Federal Motor Carrier Safety Administration that meets the minimum requirements of the July 2010 version of the American Association of Motor Vehicle Administrators 2005 CDL Test System; and

(ii) Satisfied all other requirements imposed by state or federal law or regulation.

(B) (i) The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section. (ii) The knowledge test administered by the division shall be given in electronic format. (iii) The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration.

(i) The tests shall be prescribed by the Division of Arkansas State Police and shall be conducted by the division or by a third-party tester designated by the division under regulations promulgated as provided in this section.

(ii) The knowledge test administered by the division shall be given in electronic format.

(iii) The result of a test administered by the division or by a third-party tester shall be transmitted electronically to the Department of Finance and Administration.

(C) The Department of Finance and Administration shall set the length of time consistent with federal law that the commercial driver license is valid under this subdivision (a)(1).

(2) The division shall, by rules, authorize a person, including an agency of this state, an employer, a private driver training facility, another private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section pursuant to the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013. These third-party testing regulations shall provide at a minimum that: (A) A skills test given by a third-party tester is the same as a test that would otherwise be given by the division using: (i) The same version of the skills test; (ii) The same written instructions for test applicants; and (iii) The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013; (B) A third-party skills test examiner shall meet the requirements of 49 C.F.R. § 384.228 , as in effect on January 1, 2013; (C) The third-party tester shall enter into an agreement with the division that demonstrates compliance with all of the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013; (D) The division shall designate and provide to any third-party testers the evidence to be used to indicate to the Department of Finance and Administration that an applicant had successfully passed the skills test; (E) The eligibility to become a third-party tester shall be open to qualified persons under the regulations at least two (2) times annually, provided there are sufficient numbers of qualified applicants to conduct classes; (F) The third-party tester shall pay a third-party testing administration fee as may be determined by the Director of the Division of Arkansas State Police to recover the costs of administering the testing program and examination distribution expenses; (G) The division shall issue each third-party skills test examiner a skills-testing certificate upon successful completion of a formal skills test examiner training course pursuant to 49 C.F.R. § 384.228 , as in effect on January 1, 2013; and (H) The division shall audit and monitor third-party testers and third-party skills test examiners pursuant to the requirements of 49 C.F.R. § 384.229 , as in effect on January 1, 2013.

(A) A skills test given by a third-party tester is the same as a test that would otherwise be given by the division using: (i) The same version of the skills test; (ii) The same written instructions for test applicants; and (iii) The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013;

(i) The same version of the skills test;

(ii) The same written instructions for test applicants; and

(iii) The same scoring sheets as those prescribed in 49 C.F.R. part 383, subparts G and H, as in effect on January 1, 2013;

(B) A third-party skills test examiner shall meet the requirements of 49 C.F.R. § 384.228 , as in effect on January 1, 2013;

(C) The third-party tester shall enter into an agreement with the division that demonstrates compliance with all of the requirements of 49 C.F.R. § 383.75 , as in effect on January 1, 2013;

(D) The division shall designate and provide to any third-party testers the evidence to be used to indicate to the Department of Finance and Administration that an applicant had successfully passed the skills test;

(E) The eligibility to become a third-party tester shall be open to qualified persons under the regulations at least two (2) times annually, provided there are sufficient numbers of qualified applicants to conduct classes;

(F) The third-party tester shall pay a third-party testing administration fee as may be determined by the Director of the Division of Arkansas State Police to recover the costs of administering the testing program and examination distribution expenses;

(G) The division shall issue each third-party skills test examiner a skills-testing certificate upon successful completion of a formal skills test examiner training course pursuant to 49 C.F.R. § 384.228 , as in effect on January 1, 2013; and

(H) The division shall audit and monitor third-party testers and third-party skills test examiners pursuant to the requirements of 49 C.F.R. § 384.229 , as in effect on January 1, 2013.

(3) (A) A third-party tester shall obtain and maintain a bond to pay for the retesting of drivers in the following amounts: (i) Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year; (ii) One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year; (iii) Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and (iv) Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year. (B) (i) A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year. (ii) Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year. (C) A governmental entity including without limitation a school district, public university, or college that is authorized to perform third-party testing is not required to initiate and maintain a bond as required by this section. (D) In the event that a third-party tester or one of its examiners is involved in fraudulent activities related to conducting skills testing that require a driver to be retested, the third-party tester's bond is liable to the division for payment of its actual costs to retest the driver.

(A) A third-party tester shall obtain and maintain a bond to pay for the retesting of drivers in the following amounts: (i) Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year; (ii) One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year; (iii) Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and (iv) Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year.

(i) Two hundred thousand dollars ($200,000) for a third-party tester that conducted more than one thousand five hundred (1,500) tests in the preceding calendar year;

(ii) One hundred thousand dollars ($100,000) for a third-party tester that conducted between one thousand (1,000) and one thousand five hundred (1,500) tests in the preceding calendar year;

(iii) Fifty thousand dollars ($50,000) for a third-party tester that conducted between five hundred (500) and nine hundred ninety-nine (999) tests in the preceding calendar year; and

(iv) Twenty-five thousand dollars ($25,000) for a third-party tester that conducted between one (1) and four hundred ninety-nine (499) tests in the preceding calendar year.

(B) (i) A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year. (ii) Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year.

(i) A new third-party tester applicant shall certify to the division the number of tests it anticipates conducting in its first year of testing and shall obtain and maintain a bond based upon the number of tests it anticipates conducting that corresponds to the amount provided in subdivision (a)(3)(A) of this section for tests in the preceding calendar year.

(ii) Following the new applicant's first year of testing, the third-party tester shall initiate and maintain a bond in an amount provided in subdivision (a)(3)(A) of this section based upon the actual number of tests conducted in the preceding year.

(C) A governmental entity including without limitation a school district, public university, or college that is authorized to perform third-party testing is not required to initiate and maintain a bond as required by this section.

(D) In the event that a third-party tester or one of its examiners is involved in fraudulent activities related to conducting skills testing that require a driver to be retested, the third-party tester's bond is liable to the division for payment of its actual costs to retest the driver.

(b) Waiver of Skills Test. (1) The division may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R., § 383.77 , as in effect on January 1, 2013. (2) (A) As used in this subdivision (b)(2), "valid military commercial driver license" means any commercial driver license that is recognized by any active or reserve component of any branch or unit of the United States Armed Forces as currently being valid or as having been valid at the time of the applicant's separation or discharge from the military that occurred within the twelve-month period prior to the date of application to the Office of Driver Services for a commercial driver license. (B) The division shall waive the skills test specified in this section for any commercial driver license applicant who: (i) Possesses a valid military commercial driver license; (ii) Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license: (a) More than one (1) license except for a military license; (b) A license suspended, disqualified, revoked, or cancelled; (c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013; (d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013; (e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or (f) A traffic accident in which the applicant was at fault; and (iii) Provides evidence and certifies that he or she: (a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle; (b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and (c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military. (C) The division shall: (i) Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and (ii) Return the application for a commercial driver license, along with the military commercial driver license, to the Office of Driver Services for the issuance of the commercial driver license.

(1) The division may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R., § 383.77 , as in effect on January 1, 2013.

(2) (A) As used in this subdivision (b)(2), "valid military commercial driver license" means any commercial driver license that is recognized by any active or reserve component of any branch or unit of the United States Armed Forces as currently being valid or as having been valid at the time of the applicant's separation or discharge from the military that occurred within the twelve-month period prior to the date of application to the Office of Driver Services for a commercial driver license. (B) The division shall waive the skills test specified in this section for any commercial driver license applicant who: (i) Possesses a valid military commercial driver license; (ii) Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license: (a) More than one (1) license except for a military license; (b) A license suspended, disqualified, revoked, or cancelled; (c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013; (d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013; (e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or (f) A traffic accident in which the applicant was at fault; and (iii) Provides evidence and certifies that he or she: (a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle; (b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and (c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military. (C) The division shall: (i) Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and (ii) Return the application for a commercial driver license, along with the military commercial driver license, to the Office of Driver Services for the issuance of the commercial driver license.

(A) As used in this subdivision (b)(2), "valid military commercial driver license" means any commercial driver license that is recognized by any active or reserve component of any branch or unit of the United States Armed Forces as currently being valid or as having been valid at the time of the applicant's separation or discharge from the military that occurred within the twelve-month period prior to the date of application to the Office of Driver Services for a commercial driver license.

(B) The division shall waive the skills test specified in this section for any commercial driver license applicant who: (i) Possesses a valid military commercial driver license; (ii) Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license: (a) More than one (1) license except for a military license; (b) A license suspended, disqualified, revoked, or cancelled; (c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013; (d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013; (e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or (f) A traffic accident in which the applicant was at fault; and (iii) Provides evidence and certifies that he or she: (a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle; (b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and (c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military.

(i) Possesses a valid military commercial driver license;

(ii) Certifies that he or she has not had during the two-year period immediately prior to applying for a commercial driver license: (a) More than one (1) license except for a military license; (b) A license suspended, disqualified, revoked, or cancelled; (c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013; (d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013; (e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or (f) A traffic accident in which the applicant was at fault; and

(a) More than one (1) license except for a military license;

(b) A license suspended, disqualified, revoked, or cancelled;

(c) A conviction occurring in any type of motor vehicle for a disqualifying offense contained in § 27-23-112 or 49 C.F.R. § 383.51(b) , as in effect on January 1, 2013;

(d) A conviction occurring in any type of motor vehicle for a serious traffic violation as defined under § 27-23-103 or 49 C.F.R. § 383.51(c) , as in effect on January 1, 2013;

(e) A conviction for a violation of a military, state, or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a traffic accident; or

(f) A traffic accident in which the applicant was at fault; and

(iii) Provides evidence and certifies that he or she: (a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle; (b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and (c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military.

(a) Is regularly employed or was regularly employed within the last twelve (12) months in a military position requiring operation of a commercial motor vehicle;

(b) Was exempted from the commercial driver license requirements of 49 C.F.R. § 383.3(c) , as in effect on January 1, 2013; and

(c) Was operating a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate for at least the two (2) years immediately preceding discharge from the military.

(C) The division shall: (i) Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and (ii) Return the application for a commercial driver license, along with the military commercial driver license, to the Office of Driver Services for the issuance of the commercial driver license.

(i) Indicate on the application for a commercial driver license the class of license and any endorsements for which the applicant has successfully completed the knowledge requirements; and

(ii) Return the application for a commercial driver license, along with the military commercial driver license, to the Office of Driver Services for the issuance of the commercial driver license.

(c) Limitations on Issuance of License. (1) A commercial driver license or commercial learner's permit may not be issued to a person: (A) While the person is subject to a disqualification from driving a commercial motor vehicle; (B) While the person's driver license is suspended, revoked, or canceled in any state; or (C) For one (1) year after the end of: (i) The disqualification under subdivision (c)(1)(A) of this section; or (ii) The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section. (2) A commercial driver license shall not be issued to a person who has a commercial driver license or any other driver license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state or states for cancellation.

(1) A commercial driver license or commercial learner's permit may not be issued to a person: (A) While the person is subject to a disqualification from driving a commercial motor vehicle; (B) While the person's driver license is suspended, revoked, or canceled in any state; or (C) For one (1) year after the end of: (i) The disqualification under subdivision (c)(1)(A) of this section; or (ii) The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section.

(A) While the person is subject to a disqualification from driving a commercial motor vehicle;

(B) While the person's driver license is suspended, revoked, or canceled in any state; or

(C) For one (1) year after the end of: (i) The disqualification under subdivision (c)(1)(A) of this section; or (ii) The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section.

(i) The disqualification under subdivision (c)(1)(A) of this section; or

(ii) The suspension, revocation, or cancellation of the person's license under subdivision (c)(1)(B) of this section.

(2) A commercial driver license shall not be issued to a person who has a commercial driver license or any other driver license issued by any other state unless the person first surrenders all such licenses, which shall be returned to the issuing state or states for cancellation.

(d) Commercial Learner's Permit. (1) A commercial learner's permit may be issued by the Department of Finance and Administration pursuant to the requirements of 49 C.F.R. part 383, subpart E, as in effect on January 1, 2013, to an individual who: (A) Is domiciled in this state; (B) Holds a valid driver's license; (C) Has passed the knowledge tests and endorsement tests required by this section as applicable; and (D) Has met all other requirements of the Department of Finance and Administration. (2) (A) A commercial learner's permit is valid for a period of one hundred eighty (180) days from the date of issuance and may be renewed for an additional one hundred eighty (180) days. (B) If a commercial learner's permit holder has not been issued a commercial driver license while his or her commercial learner's permit is valid and the person wishes to obtain another commercial learner's permit, the person shall reapply for a commercial learner's permit and retake and pass the knowledge tests and endorsement tests, if applicable, as provided in this section. (3) A commercial learner's permit shall contain only the following endorsements, as restricted by 49 C.F.R. § 383.25 , as in effect on January 1, 2013: (A) "P" - passenger; (B) "S" - school bus; or (C) "N" - tank vehicle. (4) (A) A commercial learner's permit holder with a passenger ("P") endorsement shall have taken and passed the "P" endorsement knowledge test. (B) A commercial learner's permit holder with a "P" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (C) A "P" endorsement is class-specific. (5) (A) A commercial learner's permit holder with a school bus ("S") endorsement shall have taken and passed the "S" endorsement knowledge test. (B) A commercial learner's permit holder with an "S" endorsement is prohibited from operating a school bus with passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (6) (A) A commercial learner's permit holder with a tank vehicle ("N") endorsement shall have taken and passed the "N" endorsement knowledge test. (B) A commercial learner's permit holder with an "N" endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue. (7) Other than the endorsements contained in subdivision (d)(3) of this section, no other endorsements may be contained on a commercial learner's permit.

(1) A commercial learner's permit may be issued by the Department of Finance and Administration pursuant to the requirements of 49 C.F.R. part 383, subpart E, as in effect on January 1, 2013, to an individual who: (A) Is domiciled in this state; (B) Holds a valid driver's license; (C) Has passed the knowledge tests and endorsement tests required by this section as applicable; and (D) Has met all other requirements of the Department of Finance and Administration.

(A) Is domiciled in this state;

(B) Holds a valid driver's license;

(C) Has passed the knowledge tests and endorsement tests required by this section as applicable; and

(D) Has met all other requirements of the Department of Finance and Administration.

(2) (A) A commercial learner's permit is valid for a period of one hundred eighty (180) days from the date of issuance and may be renewed for an additional one hundred eighty (180) days. (B) If a commercial learner's permit holder has not been issued a commercial driver license while his or her commercial learner's permit is valid and the person wishes to obtain another commercial learner's permit, the person shall reapply for a commercial learner's permit and retake and pass the knowledge tests and endorsement tests, if applicable, as provided in this section.

(A) A commercial learner's permit is valid for a period of one hundred eighty (180) days from the date of issuance and may be renewed for an additional one hundred eighty (180) days.

(B) If a commercial learner's permit holder has not been issued a commercial driver license while his or her commercial learner's permit is valid and the person wishes to obtain another commercial learner's permit, the person shall reapply for a commercial learner's permit and retake and pass the knowledge tests and endorsement tests, if applicable, as provided in this section.

(3) A commercial learner's permit shall contain only the following endorsements, as restricted by 49 C.F.R. § 383.25 , as in effect on January 1, 2013: (A) "P" - passenger; (B) "S" - school bus; or (C) "N" - tank vehicle.

(A) "P" - passenger;

(B) "S" - school bus; or

(C) "N" - tank vehicle.

(4) (A) A commercial learner's permit holder with a passenger ("P") endorsement shall have taken and passed the "P" endorsement knowledge test. (B) A commercial learner's permit holder with a "P" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. (C) A "P" endorsement is class-specific.

(A) A commercial learner's permit holder with a passenger ("P") endorsement shall have taken and passed the "P" endorsement knowledge test.

(B) A commercial learner's permit holder with a "P" endorsement is prohibited from operating a commercial motor vehicle carrying passengers, other than federal or state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder.

(C) A "P" endorsement is class-specific.

(5) (A) A commercial learner's permit holder with a school bus ("S") endorsement shall have taken and passed the "S" endorsement knowledge test. (B) A commercial learner's permit holder with an "S" endorsement is prohibited from operating a school bus with passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder.

(A) A commercial learner's permit holder with a school bus ("S") endorsement shall have taken and passed the "S" endorsement knowledge test.

(B) A commercial learner's permit holder with an "S" endorsement is prohibited from operating a school bus with passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder.

(6) (A) A commercial learner's permit holder with a tank vehicle ("N") endorsement shall have taken and passed the "N" endorsement knowledge test. (B) A commercial learner's permit holder with an "N" endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.

(A) A commercial learner's permit holder with a tank vehicle ("N") endorsement shall have taken and passed the "N" endorsement knowledge test.

(B) A commercial learner's permit holder with an "N" endorsement may only operate an empty tank vehicle and is prohibited from operating any tank vehicle that previously contained hazardous materials that has not been purged of any residue.

(7) Other than the endorsements contained in subdivision (d)(3) of this section, no other endorsements may be contained on a commercial learner's permit.

(e) Human Trafficking Prevention Training. (1) A person may be issued a Class A commercial driver license only if he or she: (A) Completes a human trafficking prevention course administered by the division or by a third party approved by the division to present a human trafficking prevention course under regulations promulgated as provided in this section; or (B) Becomes a Certified Trucker Against Trafficking by completing the online certification course offered by Truckers Against Trafficking and provides evidence of completion to the Department of Finance and Administration with his or her application for a commercial driver license under § 27-23-110 . (2) A person who currently holds a Class A commercial driver license is not required to comply with this subsection when applying for renewal of the commercial driver license as required by § 27-23-111(g) so long as he or she has completed the human trafficking prevention training required under subdivision (e)(1) of this section at least once.

(1) A person may be issued a Class A commercial driver license only if he or she: (A) Completes a human trafficking prevention course administered by the division or by a third party approved by the division to present a human trafficking prevention course under regulations promulgated as provided in this section; or (B) Becomes a Certified Trucker Against Trafficking by completing the online certification course offered by Truckers Against Trafficking and provides evidence of completion to the Department of Finance and Administration with his or her application for a commercial driver license under § 27-23-110 .

(A) Completes a human trafficking prevention course administered by the division or by a third party approved by the division to present a human trafficking prevention course under regulations promulgated as provided in this section; or

(B) Becomes a Certified Trucker Against Trafficking by completing the online certification course offered by Truckers Against Trafficking and provides evidence of completion to the Department of Finance and Administration with his or her application for a commercial driver license under § 27-23-110 .

(2) A person who currently holds a Class A commercial driver license is not required to comply with this subsection when applying for renewal of the commercial driver license as required by § 27-23-111(g) so long as he or she has completed the human trafficking prevention training required under subdivision (e)(1) of this section at least once.

Amended by Act 2019, No. 366,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 6047, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6046, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6045, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6044, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6043, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6042, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6041, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6040, eff. 7/1/2019.

Amended by Act 2017, No. 922,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 578,§ 6, eff. 5/18/2015.

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

Amended by Act 2015, No. 578,§ 4, eff. 5/18/2015.

Amended by Act 2015, No. 578,§ 3, eff. 5/18/2015.

Amended by Act 2013, No. 758,§ 13, eff. 7/8/2014.

Acts 1989, No. 241, § 8; 1995, No. 654, § 1; 2003, No. 217,§ 2; 2003, No. 842, § 2; 2003 (2nd Ex. Sess.), No. 5, §§ 1, 2; 2005, No. 76, § 1; 2005, No. 879, § 5; 2005, No. 942, § 1; 2007, No. 584, § 1.
Ark. Code Ann. § 27-51-214 — AR Code / Title 27 / Chapter 51 / Subchapter 2 / Section 27-51-214
Penalties for speeding in school zone
Status: in_force

Any person who violates any of the provisions of § 27-51-212 or § 27-51-213 shall upon conviction be guilty of a misdemeanor and shall be punished as follows: (1) For a first conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or by imprisonment in the county jail for not less than one (1) day nor more than ten (10) days, or by both fine and imprisonment; (2) (A) For a conviction of a second violation within one (1) year, an offender shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or by imprisonment in the county jail for not less than five (5) days nor more than twenty-five (25) days, or by both fine and imprisonment. (B) In addition, the Office of Driver Services shall suspend the driving privilege of the person for a period of six (6) months upon receipt of notice of a final conviction; and (3) (A) For a conviction of a third or subsequent violation within one (1) year, an offender shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than twenty-five (25) days nor more than six (6) months, or both fine and imprisonment. (B) In addition, the Office of Driver Services shall suspend the driving privilege of the person for a period of one (1) year upon receipt of notice of a final conviction. Acts 1977, No. 229, § 4; A.S.A. 1947, § 75-601.8.

Any person who violates any of the provisions of § 27-51-212 or § 27-51-213 shall upon conviction be guilty of a misdemeanor and shall be punished as follows:

(1) For a first conviction, an offender shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) or by imprisonment in the county jail for not less than one (1) day nor more than ten (10) days, or by both fine and imprisonment;

(2) (A) For a conviction of a second violation within one (1) year, an offender shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or by imprisonment in the county jail for not less than five (5) days nor more than twenty-five (25) days, or by both fine and imprisonment. (B) In addition, the Office of Driver Services shall suspend the driving privilege of the person for a period of six (6) months upon receipt of notice of a final conviction; and

(A) For a conviction of a second violation within one (1) year, an offender shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250) or by imprisonment in the county jail for not less than five (5) days nor more than twenty-five (25) days, or by both fine and imprisonment.

(B) In addition, the Office of Driver Services shall suspend the driving privilege of the person for a period of six (6) months upon receipt of notice of a final conviction; and

(3) (A) For a conviction of a third or subsequent violation within one (1) year, an offender shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than twenty-five (25) days nor more than six (6) months, or both fine and imprisonment. (B) In addition, the Office of Driver Services shall suspend the driving privilege of the person for a period of one (1) year upon receipt of notice of a final conviction.

(A) For a conviction of a third or subsequent violation within one (1) year, an offender shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than twenty-five (25) days nor more than six (6) months, or both fine and imprisonment.

(B) In addition, the Office of Driver Services shall suspend the driving privilege of the person for a period of one (1) year upon receipt of notice of a final conviction.

Acts 1977, No. 229, § 4; A.S.A. 1947, § 75-601.8.
Ark. Code Ann. § 27-24-1203 — AR Code / Title 27 / Chapter 24 / Subchapter 12 / Section 27-24-1203
Authority continued
Status: in_force

The authority for the Department of Finance and Administration to create and issue the African American fraternities and sororities special license plates that existed before April 13, 2005, shall continue. Acts 2005, No. 2202, § 1.

The authority for the Department of Finance and Administration to create and issue the African American fraternities and sororities special license plates that existed before April 13, 2005, shall continue.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-64-305 — AR Code / Title 27 / Chapter 64 / Subchapter 3 / Section 27-64-305
Election
Status: in_force

(a) (1) No State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be issued under this subchapter unless the authority of the State Highway Commission to issue the bonds from time to time is approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor. (2) The election may be in conjunction with a general election, or it may be a special election. (b) (1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election. (2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas. "The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. "Pursuant to the Arkansas Interstate Highway Financing Act of 2005 (the 'Bond Act'), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds; and (2) revenues derived from the excise tax levied on distillate special fuels (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act. "Pursuant to the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the interstate highway systems and facilities appurtenant or pertaining thereto. "Pursuant to the Bond Act, 'designated revenues' are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and (2) revenues derived from the distillate special fuels tax levied under Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds." (c) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas". On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds ............... [ ]" "AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds ............... ............... [ ]" (d) (1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state. (2) The vote shall be canvassed and the result of the vote declared in each county by the county board of election commissioners. Within ten (10) days after the date of the election, the results shall be certified by the county boards of election commissioners to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter. (e) The result of the election shall be proclaimed by the Governor by the publication of the proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. The results as proclaimed shall be conclusive unless a complaint is filed within thirty (30) days after the date of the publication in Pulaski County Circuit Court challenging the results. (f) (1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds. (g) Subsequent elections may be called by the Governor if the proposition fails, but each subsequent election may be held no earlier than six (6) months after the date of the preceding election. Acts 2005, No. 685, § 1.

(a) (1) No State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be issued under this subchapter unless the authority of the State Highway Commission to issue the bonds from time to time is approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor. (2) The election may be in conjunction with a general election, or it may be a special election.

(1) No State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall be issued under this subchapter unless the authority of the State Highway Commission to issue the bonds from time to time is approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor.

(2) The election may be in conjunction with a general election, or it may be a special election.

(b) (1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election. (2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas. "The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. "Pursuant to the Arkansas Interstate Highway Financing Act of 2005 (the 'Bond Act'), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds; and (2) revenues derived from the excise tax levied on distillate special fuels (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act. "Pursuant to the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the interstate highway systems and facilities appurtenant or pertaining thereto. "Pursuant to the Bond Act, 'designated revenues' are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and (2) revenues derived from the distillate special fuels tax levied under Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds."

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

(A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and

(B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election.

(2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas. "The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues. "Pursuant to the Arkansas Interstate Highway Financing Act of 2005 (the 'Bond Act'), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds; and (2) revenues derived from the excise tax levied on distillate special fuels (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act. "Pursuant to the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the interstate highway systems and facilities appurtenant or pertaining thereto. "Pursuant to the Bond Act, 'designated revenues' are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and (2) revenues derived from the distillate special fuels tax levied under Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds."

"Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time for the purpose of paying the cost of constructing and renovating improvements to interstate highways and related facilities in the State of Arkansas.

"The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues and also secured by the full faith and credit of the State of Arkansas, including its general revenues.

"Pursuant to the Arkansas Interstate Highway Financing Act of 2005 (the 'Bond Act'), the bonds will be repaid first from:

(1) revenues derived from federal highway assistance funding allocated to the State of Arkansas designated as federal highway interstate maintenance funds; and

(2) revenues derived from the excise tax levied on distillate special fuels (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act.

"Pursuant to the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to all of the interstate highway systems within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the interstate highway systems and facilities appurtenant or pertaining thereto.

"Pursuant to the Bond Act, 'designated revenues' are defined as:

(1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and

(2) revenues derived from the distillate special fuels tax levied under Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds."

(c) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas". On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds ............... [ ]" "AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds ............... ............... [ ]"

"FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds ............... [ ]"

"AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, shall not, at any time, exceed five hundred seventy-five million dollars ($575,000,000), and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds ............... ............... [ ]"

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

(1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state.

(2) The vote shall be canvassed and the result of the vote declared in each county by the county board of election commissioners. Within ten (10) days after the date of the election, the results shall be certified by the county boards of election commissioners to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

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

(f) (1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds.

(1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter.

(2) If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds.

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

Acts 2005, No. 685, § 1.
Ark. Code Ann. § 27-65-113 — AR Code / Title 27 / Chapter 65 / Section 27-65-113
Relocation assistance
Status: in_force

(a) The State of Arkansas assents to the provisions of 23 U.S.C. § 101 et seq., as it existed on January 1, 2021. (b) The State Highway Commission and the highway, road, and street authorities of the counties and the municipal corporations of Arkansas within their respective jurisdictions are authorized, empowered, and directed to perform such acts as may be necessary to provide relocation assistance in accordance with 23 U.S.C. § 101 et seq. and the rules and regulations promulgated by the United States Secretary of Transportation under 49 C.F.R. Part 24, as it existed on January 1, 2021. Amended by Act 2021, No. 618,§ 1, eff. 7/28/2021. Acts 1969, No. 246, §§ 1, 2; A.S.A. 1947, §§ 76-553, 76-554.

(a) The State of Arkansas assents to the provisions of 23 U.S.C. § 101 et seq., as it existed on January 1, 2021.

(b) The State Highway Commission and the highway, road, and street authorities of the counties and the municipal corporations of Arkansas within their respective jurisdictions are authorized, empowered, and directed to perform such acts as may be necessary to provide relocation assistance in accordance with 23 U.S.C. § 101 et seq. and the rules and regulations promulgated by the United States Secretary of Transportation under 49 C.F.R. Part 24, as it existed on January 1, 2021.

Amended by Act 2021, No. 618,§ 1, eff. 7/28/2021.

Acts 1969, No. 246, §§ 1, 2; A.S.A. 1947, §§ 76-553, 76-554.
Ark. Code Ann. § 27-64-505 — AR Code / Title 27 / Chapter 64 / Subchapter 5 / Section 27-64-505
Election
Status: in_force

(a) (1) State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall not be issued under this subchapter unless the levy of the additional tax on distillate special fuel under § 26-56-802 and the authority of the State Highway Commission to issue the bonds from time to time are approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor. (2) The election may be in conjunction with a general election, or it may be a special election. (b) (1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election. (2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq. shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time, with the last series being issued no later than December 31, 2017, for the purpose of paying the cost of constructing and renovating improvements to the Interstate Highway System and related facilities in the State of Arkansas and improvements to other routes on the National Highway System and related facilities in the State of Arkansas. "The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues including particularly and without limitation a new tax described below, and also secured by the full faith and credit of the State of Arkansas, including its general revenues. "Under the Arkansas Highway Financing Act of 2011 (the 'Bond Act'), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas; (2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and (3) revenues derived from a new excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 at the rate of five cents (5¢) per gallon if the measure is approved. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act. "Under the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to the Interstate Highway System and of other routes on the National Highway System within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the Interstate Highway System and of other routes on the National Highway System and facilities appurtenant or pertaining thereto. "Under Arkansas Code § 26-56-802 , there is levied, subject to approval of this measure, a new excise tax levied on distillate special fuel (diesel) at the rate of five cents (5¢) per gallon. This tax shall not be levied unless this measure is approved by the voters. "Under the Bond Act, 'designated revenues' are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state; (2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and (3) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 , which is a new five-cent-per-gallon tax to be levied upon the approval of this measure. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds." (c) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas, and the levy of an additional five-cent-per-gallon tax on distillate special fuel (diesel)". On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five-cent-per-gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other 'designated revenues,' as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds............... [ ] "AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five-cent-per-gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other 'designated revenues,' as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds............... [ ]" (d) (1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state. (2) (A) The vote shall be canvassed, and the result of the vote declared in each county by the county board of election commissioners. (B) Within ten (10) days after the date of the election, the results shall be certified by the county boards of election commissioners to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter. (e) (1) The result of the election shall be proclaimed by the Governor by the publication of the proclamation one (1) time in a newspaper of general circulation in the State of Arkansas. (2) The results as proclaimed shall be conclusive unless a complaint is filed within thirty (30) days after the date of the publication in Pulaski County Circuit Court challenging the results. (f) (1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds. Acts 2011, No. 773, § 3.

(a) (1) State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall not be issued under this subchapter unless the levy of the additional tax on distillate special fuel under § 26-56-802 and the authority of the State Highway Commission to issue the bonds from time to time are approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor. (2) The election may be in conjunction with a general election, or it may be a special election.

(1) State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds shall not be issued under this subchapter unless the levy of the additional tax on distillate special fuel under § 26-56-802 and the authority of the State Highway Commission to issue the bonds from time to time are approved by a majority of the qualified electors of the state voting on the question at a statewide election called by proclamation of the Governor.

(2) The election may be in conjunction with a general election, or it may be a special election.

(b) (1) Notice of the election shall be: (A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and (B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election. (2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq. shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time, with the last series being issued no later than December 31, 2017, for the purpose of paying the cost of constructing and renovating improvements to the Interstate Highway System and related facilities in the State of Arkansas and improvements to other routes on the National Highway System and related facilities in the State of Arkansas. "The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues including particularly and without limitation a new tax described below, and also secured by the full faith and credit of the State of Arkansas, including its general revenues. "Under the Arkansas Highway Financing Act of 2011 (the 'Bond Act'), the bonds will be repaid first from: (1) revenues derived from federal highway assistance funding allocated to the State of Arkansas; (2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and (3) revenues derived from a new excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 at the rate of five cents (5¢) per gallon if the measure is approved. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act. "Under the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to the Interstate Highway System and of other routes on the National Highway System within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the Interstate Highway System and of other routes on the National Highway System and facilities appurtenant or pertaining thereto. "Under Arkansas Code § 26-56-802 , there is levied, subject to approval of this measure, a new excise tax levied on distillate special fuel (diesel) at the rate of five cents (5¢) per gallon. This tax shall not be levied unless this measure is approved by the voters. "Under the Bond Act, 'designated revenues' are defined as: (1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state; (2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and (3) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 , which is a new five-cent-per-gallon tax to be levied upon the approval of this measure. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds."

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

(A) Published by the Secretary of State in a newspaper of general circulation in the state at least thirty (30) days prior to the election; and

(B) Mailed to each county board of election commissioners and the sheriff of each county at least sixty (60) days prior to the election.

(2) The notice of election shall state that the election is to be held for the purpose of submitting to the people the following proposition in substantially the following form: "Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq. shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time, with the last series being issued no later than December 31, 2017, for the purpose of paying the cost of constructing and renovating improvements to the Interstate Highway System and related facilities in the State of Arkansas and improvements to other routes on the National Highway System and related facilities in the State of Arkansas.

"Authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds (the 'Bonds') if the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to the Arkansas Highway Financing Act of 1999, § 27-64-201 et seq., the Arkansas Interstate Highway Financing Act of 2005, § 27-64-301 et seq., and the Arkansas Interstate Highway Financing Act of 2007, § 27-64-401 et seq. shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000). If approved, the bonds will be issued in several series of various principal amounts from time to time, with the last series being issued no later than December 31, 2017, for the purpose of paying the cost of constructing and renovating improvements to the Interstate Highway System and related facilities in the State of Arkansas and improvements to other routes on the National Highway System and related facilities in the State of Arkansas.

"The bonds shall be general obligations of the State of Arkansas, payable from certain designated revenues including particularly and without limitation a new tax described below, and also secured by the full faith and credit of the State of Arkansas, including its general revenues.

"Under the Arkansas Highway Financing Act of 2011 (the 'Bond Act'), the bonds will be repaid first from:

(1) revenues derived from federal highway assistance funding allocated to the State of Arkansas;

(2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and

(3) revenues derived from a new excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 at the rate of five cents (5¢) per gallon if the measure is approved. To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, the payment shall be made from the general revenues of the State of Arkansas. The bonds shall be issued pursuant to the authority of and the terms set forth in the Bond Act.

"Under the Bond Act, the highway improvements to be financed are limited to the restoration and improvements to the Interstate Highway System and of other routes on the National Highway System within the state, including roadways, bridges, or rights-of-way under jurisdiction of the State Highway Commission, which shall also include the acquisition, construction, reconstruction, and renovation of the Interstate Highway System and of other routes on the National Highway System and facilities appurtenant or pertaining thereto.

"Under Arkansas Code § 26-56-802 , there is levied, subject to approval of this measure, a new excise tax levied on distillate special fuel (diesel) at the rate of five cents (5¢) per gallon. This tax shall not be levied unless this measure is approved by the voters.

"Under the Bond Act, 'designated revenues' are defined as:

(1) the portion designated by the commission of funds received or to be received from the federal government of the United States as federal highway assistance funding allocated to the state;

(2) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-201(e) that are available for expenditure after any distributions required by the Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007; and

(3) revenues derived from the excise tax levied on distillate special fuel (diesel) pursuant to Arkansas Code § 26-56-802 , which is a new five-cent-per-gallon tax to be levied upon the approval of this measure. The bonds are further secured by the full faith and credit of the State of Arkansas, and to the extent 'designated revenues' are insufficient to make timely payment of debt service on the bonds, the general revenues of the state shall be used to pay debt service on the bonds."

(c) The ballot title shall be "Issuance of State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds and pledge of full faith and credit of the State of Arkansas, and the levy of an additional five-cent-per-gallon tax on distillate special fuel (diesel)". On each ballot there shall be printed the title, the proposition set forth in subdivision (b)(2) of this section, and the following: "FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five-cent-per-gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other 'designated revenues,' as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds............... [ ] "AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five-cent-per-gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other 'designated revenues,' as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds............... [ ]"

"FOR authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five-cent-per-gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other 'designated revenues,' as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds............... [ ]

"AGAINST authorizing the State Highway Commission to issue State of Arkansas Federal Highway Grant Anticipation and Tax Revenue Bonds provided that the total principal amount outstanding from the issuance of the bonds, together with the total principal amount outstanding from the issuance of bonds pursuant to Arkansas Highway Financing Act of 1999, the Arkansas Interstate Highway Financing Act of 2005, and the Arkansas Interstate Highway Financing Act of 2007, shall not, at any time, exceed one billion one hundred million dollars ($1,100,000,000); such bonds to be issued in one or more series of various principal amounts with the last series being issued no later than December 31, 2017, and the pledge of the full faith and credit of the State of Arkansas to further secure the bonds, and the levy of an additional five-cent-per-gallon excise tax on distillate special fuel (diesel) to pay, as described above, along with other 'designated revenues,' as defined in the Arkansas Highway Financing Act of 2011, debt service on bonds............... [ ]"

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

(1) Each county board of election commissioners shall hold and conduct the election and may take any action with respect to the appointment of election officials and other matters as required by the laws of the state.

(2) (A) The vote shall be canvassed, and the result of the vote declared in each county by the county board of election commissioners. (B) Within ten (10) days after the date of the election, the results shall be certified by the county boards of election commissioners to the Secretary of State, who shall tabulate all returns received and certify to the Governor the total vote for and against the proposition submitted pursuant to this subchapter.

(A) The vote shall be canvassed, and the result of the vote declared in each county by the county board of election commissioners.

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

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

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

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

(f) (1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter. (2) If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds.

(1) If a majority of the qualified electors voting on the proposition vote in favor of the proposition, then the commission may issue bonds from time to time in the manner and on the terms set forth in this subchapter.

(2) If a majority of the qualified electors voting on the proposition vote against the proposition, the commission shall have no authority to issue bonds.

Acts 2011, No. 773, § 3.
Ark. Code Ann. § 27-36-206 — AR Code / Title 27 / Chapter 36 / Subchapter 2 / Section 27-36-206
Lamps on parked vehicles
Status: in_force

(a) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in § 27-36-204 , the vehicle shall be equipped with one (1) or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of five hundred feet (500') to the front of the vehicle and a red light visible a distance of five hundred feet (500') to the rear. (b) Local authorities may provide by ordinance or resolution that no lights need be displayed upon any vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five hundred feet (500') upon the highway. (c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. Acts 1937, No. 300, § 109; Pope's Dig., § 6769; Acts 1961, No. 7, § 1; A.S.A. 1947, § 75-707.

(a) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in § 27-36-204 , the vehicle shall be equipped with one (1) or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of five hundred feet (500') to the front of the vehicle and a red light visible a distance of five hundred feet (500') to the rear.

(b) Local authorities may provide by ordinance or resolution that no lights need be displayed upon any vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five hundred feet (500') upon the highway.

(c) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.

Acts 1937, No. 300, § 109; Pope's Dig., § 6769; Acts 1961, No. 7, § 1; A.S.A. 1947, § 75-707.
Ark. Code Ann. § 27-23-102 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-102
Statement of intent and purpose
Status: in_force

(a) The purpose of this subchapter is to implement the Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by: (1) Permitting commercial drivers to hold only one (1) license; (2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and (3) Strengthening licensing and testing standards for commercial drivers. (b) This subchapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this subchapter conflicts with general driver licensing provisions, this subchapter prevails. Where this subchapter is silent, the general driver licensing provisions apply. Acts 1989, No. 241, § 2.

(a) The purpose of this subchapter is to implement the Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by: (1) Permitting commercial drivers to hold only one (1) license; (2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and (3) Strengthening licensing and testing standards for commercial drivers.

(1) Permitting commercial drivers to hold only one (1) license;

(2) Disqualifying commercial drivers who have committed certain serious traffic violations, or other specified offenses; and

(3) Strengthening licensing and testing standards for commercial drivers.

(b) This subchapter is a remedial law and shall be liberally construed to promote the public health, safety, and welfare. To the extent that this subchapter conflicts with general driver licensing provisions, this subchapter prevails. Where this subchapter is silent, the general driver licensing provisions apply.

Acts 1989, No. 241, § 2.
Ark. Code Ann. § 27-24-213 — AR Code / Title 27 / Chapter 24 / Subchapter 2 / Section 27-24-213
Veterans of Foreign Wars
Status: in_force

(a) The purpose of this section is to honor the service of members of the Veterans of Foreign Wars by providing a special license plate that is available for issuance. (b) It is found and determined by the General Assembly of the State of Arkansas that the men and women who have served our country overseas and risked their lives to secure our freedom should be honored by the issuance of a free special license plate as provided under this subchapter. (c) The Department of Finance and Administration is authorized to issue a Veterans of Foreign Wars special license plate to an applicant who establishes upon initial application that he or she, by membership card or Life Member card, is a member of the: (1) Veterans of Foreign Wars; (2) Ladies Auxiliary to the Veterans of Foreign Wars; (3) Men's Auxiliary to the Veterans of Foreign Wars; (4) Auxiliary to the Veterans of Foreign Wars; (5) Junior Girls of the Ladies Auxiliary to the Veterans of Foreign Wars; or (6) Sons of the Veterans of Foreign Wars. (d) (1) The Department of Finance and Administration shall design the special license plate issued under this section in consultation with the Department of Arkansas Veterans of Foreign Wars. (2) In place of the legend "The Natural State" at the bottom of the special license plate, a permanent decal shall be made available for a veteran of each conflict as authorized under § 27-24-204(a) , upon proof as required under § 27-24-204 that the applicant is eligible to be issued the decal. (e) An applicant who qualifies for a special license plate under subdivision (c)(1) of this section: (1) Shall pay: (A) A fundraising fee of ten dollars ($10.00) for the issuance and renewal of the first special license plate; and (B) An annual fee not to exceed one dollar ($1.00) that the Secretary of the Department of Finance and Administration may charge for the issuance and renewal of the first special license plate; and (2) May obtain and renew additional special license plates upon payment of a fundraising fee in the amount of ten dollars ($10.00) and the fee for licensing a motor vehicle under § 27-14-601 . (f) An applicant who qualifies for a special license plate under subdivisions (c)(2)-(6) of this section shall pay a fundraising fee of ten dollars ($10.00) and the fee for licensing a motor vehicle as provided in § 27-14-601 for the issuance and renewal of any license plate issued under this subsection. (g) The fundraising fee of ten dollars ($10.00) paid by any applicant on issuance or renewal of a special license plate under this section shall be remitted monthly to the Nick Bacon VFW Special Veterans Scholarship Fund. Amended by Act 2019, No. 910,§ 4714, eff. 7/1/2019. Amended by Act 2015, No. 698,§ 2, eff. 7/22/2015. Added by Act 2013, No. 991,§ 3, eff. 1/1/2014.

(a) The purpose of this section is to honor the service of members of the Veterans of Foreign Wars by providing a special license plate that is available for issuance.

(b) It is found and determined by the General Assembly of the State of Arkansas that the men and women who have served our country overseas and risked their lives to secure our freedom should be honored by the issuance of a free special license plate as provided under this subchapter.

(c) The Department of Finance and Administration is authorized to issue a Veterans of Foreign Wars special license plate to an applicant who establishes upon initial application that he or she, by membership card or Life Member card, is a member of the: (1) Veterans of Foreign Wars; (2) Ladies Auxiliary to the Veterans of Foreign Wars; (3) Men's Auxiliary to the Veterans of Foreign Wars; (4) Auxiliary to the Veterans of Foreign Wars; (5) Junior Girls of the Ladies Auxiliary to the Veterans of Foreign Wars; or (6) Sons of the Veterans of Foreign Wars.

(1) Veterans of Foreign Wars;

(2) Ladies Auxiliary to the Veterans of Foreign Wars;

(3) Men's Auxiliary to the Veterans of Foreign Wars;

(4) Auxiliary to the Veterans of Foreign Wars;

(5) Junior Girls of the Ladies Auxiliary to the Veterans of Foreign Wars; or

(6) Sons of the Veterans of Foreign Wars.

(d) (1) The Department of Finance and Administration shall design the special license plate issued under this section in consultation with the Department of Arkansas Veterans of Foreign Wars. (2) In place of the legend "The Natural State" at the bottom of the special license plate, a permanent decal shall be made available for a veteran of each conflict as authorized under § 27-24-204(a) , upon proof as required under § 27-24-204 that the applicant is eligible to be issued the decal.

(1) The Department of Finance and Administration shall design the special license plate issued under this section in consultation with the Department of Arkansas Veterans of Foreign Wars.

(2) In place of the legend "The Natural State" at the bottom of the special license plate, a permanent decal shall be made available for a veteran of each conflict as authorized under § 27-24-204(a) , upon proof as required under § 27-24-204 that the applicant is eligible to be issued the decal.

(e) An applicant who qualifies for a special license plate under subdivision (c)(1) of this section: (1) Shall pay: (A) A fundraising fee of ten dollars ($10.00) for the issuance and renewal of the first special license plate; and (B) An annual fee not to exceed one dollar ($1.00) that the Secretary of the Department of Finance and Administration may charge for the issuance and renewal of the first special license plate; and (2) May obtain and renew additional special license plates upon payment of a fundraising fee in the amount of ten dollars ($10.00) and the fee for licensing a motor vehicle under § 27-14-601 .

(1) Shall pay: (A) A fundraising fee of ten dollars ($10.00) for the issuance and renewal of the first special license plate; and (B) An annual fee not to exceed one dollar ($1.00) that the Secretary of the Department of Finance and Administration may charge for the issuance and renewal of the first special license plate; and

(A) A fundraising fee of ten dollars ($10.00) for the issuance and renewal of the first special license plate; and

(B) An annual fee not to exceed one dollar ($1.00) that the Secretary of the Department of Finance and Administration may charge for the issuance and renewal of the first special license plate; and

(2) May obtain and renew additional special license plates upon payment of a fundraising fee in the amount of ten dollars ($10.00) and the fee for licensing a motor vehicle under § 27-14-601 .

(f) An applicant who qualifies for a special license plate under subdivisions (c)(2)-(6) of this section shall pay a fundraising fee of ten dollars ($10.00) and the fee for licensing a motor vehicle as provided in § 27-14-601 for the issuance and renewal of any license plate issued under this subsection.

(g) The fundraising fee of ten dollars ($10.00) paid by any applicant on issuance or renewal of a special license plate under this section shall be remitted monthly to the Nick Bacon VFW Special Veterans Scholarship Fund.

Amended by Act 2019, No. 910,§ 4714, eff. 7/1/2019.

Amended by Act 2015, No. 698,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 991,§ 3, eff. 1/1/2014.
Ark. Code Ann. § 27-52-205 — AR Code / Title 27 / Chapter 52 / Subchapter 2 / Section 27-52-205
Arrangement of signals
Status: in_force

(a) Whenever traffic upon any public road, street, or highway in the State of Arkansas is controlled by electrical traffic control signal devices exhibiting more than one (1) signal lens and color per signal face according to the signal legend set out in § 27-52-107 , then the number of such signal lenses and colors shall never be less than three (3): Red for "STOP", yellow for "CAUTION", and green for "GO". (b) (1) Additional signal lenses may be added to supplement with specific indications these three (3) basic signal indications. (2) These signal lenses and colors shall be arranged as follows: (A) All signal lenses shall be arranged preferably in a vertical straight line in the signal face or alternatively in a horizontal straight line in the signal face in the following order from top to bottom or from left to right: Position Basic Signals: Signal Indication: 1. Top or left Red for "STOP" 2. Center Yellow for "CAUTION" 3. Bottom or right Green for "GO" Supplemental Signals: Green arrows on opaque lens backgrounds: 4. Next below or right Straight-through arrow 5. Next below or right Left-turn arrow 6. Next below or right Right-turn arrow (B) Traffic signals shall be defined to include all power-operated traffic-control devices, except signs, by which traffic is warned or is directed to take some specific action. Acts 1959, No. 143, § 2; A.S.A. 1947, § 75-510.

(a) Whenever traffic upon any public road, street, or highway in the State of Arkansas is controlled by electrical traffic control signal devices exhibiting more than one (1) signal lens and color per signal face according to the signal legend set out in § 27-52-107 , then the number of such signal lenses and colors shall never be less than three (3): Red for "STOP", yellow for "CAUTION", and green for "GO".

(b) (1) Additional signal lenses may be added to supplement with specific indications these three (3) basic signal indications. (2) These signal lenses and colors shall be arranged as follows: (A) All signal lenses shall be arranged preferably in a vertical straight line in the signal face or alternatively in a horizontal straight line in the signal face in the following order from top to bottom or from left to right: Position Basic Signals: Signal Indication: 1. Top or left Red for "STOP" 2. Center Yellow for "CAUTION" 3. Bottom or right Green for "GO" Supplemental Signals: Green arrows on opaque lens backgrounds: 4. Next below or right Straight-through arrow 5. Next below or right Left-turn arrow 6. Next below or right Right-turn arrow (B) Traffic signals shall be defined to include all power-operated traffic-control devices, except signs, by which traffic is warned or is directed to take some specific action.

(1) Additional signal lenses may be added to supplement with specific indications these three (3) basic signal indications.

(2) These signal lenses and colors shall be arranged as follows: (A) All signal lenses shall be arranged preferably in a vertical straight line in the signal face or alternatively in a horizontal straight line in the signal face in the following order from top to bottom or from left to right: Position Basic Signals: Signal Indication: 1. Top or left Red for "STOP" 2. Center Yellow for "CAUTION" 3. Bottom or right Green for "GO" Supplemental Signals: Green arrows on opaque lens backgrounds: 4. Next below or right Straight-through arrow 5. Next below or right Left-turn arrow 6. Next below or right Right-turn arrow (B) Traffic signals shall be defined to include all power-operated traffic-control devices, except signs, by which traffic is warned or is directed to take some specific action.

(A) All signal lenses shall be arranged preferably in a vertical straight line in the signal face or alternatively in a horizontal straight line in the signal face in the following order from top to bottom or from left to right: Position Basic Signals: Signal Indication: 1. Top or left Red for "STOP" 2. Center Yellow for "CAUTION" 3. Bottom or right Green for "GO" Supplemental Signals: Green arrows on opaque lens backgrounds: 4. Next below or right Straight-through arrow 5. Next below or right Left-turn arrow 6. Next below or right Right-turn arrow

Position Basic Signals: Signal Indication: 1. Top or left Red for "STOP" 2. Center Yellow for "CAUTION" 3. Bottom or right Green for "GO" Supplemental Signals: Green arrows on opaque lens backgrounds: 4. Next below or right Straight-through arrow 5. Next below or right Left-turn arrow 6. Next below or right Right-turn arrow

Position Basic Signals:

Signal Indication:

1. Top or left

Red for "STOP"

2. Center

Yellow for "CAUTION"

3. Bottom or right

Green for "GO"

Supplemental Signals:

Green arrows on opaque lens backgrounds:

4. Next below or right

Straight-through arrow

5. Next below or right

Left-turn arrow

6. Next below or right

Right-turn arrow

(B) Traffic signals shall be defined to include all power-operated traffic-control devices, except signs, by which traffic is warned or is directed to take some specific action.

Acts 1959, No. 143, § 2; A.S.A. 1947, § 75-510.
Ark. Code Ann. § 27-20-101 — AR Code / Title 27 / Chapter 20 / Subchapter 1 / Section 27-20-101
Definitions
Status: in_force

As used in this subchapter: (1) "Motorcycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces more than two hundred fifty cubic centimeters (250 cc); (2) "Motor-driven cycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces two hundred fifty cubic centimeters (250 cc) or less, but this definition shall not include a motorized bicycle; (3) (A) "Motorized bicycle" means a bicycle with an automatic transmission and a motor which does not displace in excess of fifty cubic centimeters (50 cc). (B) "Motorized bicycle" does not include an electric bicycle as defined in § 27-51-1702 ; and (4) "Street or highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic. Amended by Act 2017, No. 956,§ 1, eff. 4/7/2017. Acts 1959, No. 201, § 1; 1975, No. 206, § 1; 1977, No. 561, § 1; 1985, No. 972, § 1; A.S.A. 1947, § 75-1701; Acts 2005, No. 1942, § 1.

As used in this subchapter:

(1) "Motorcycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces more than two hundred fifty cubic centimeters (250 cc);

(2) "Motor-driven cycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces two hundred fifty cubic centimeters (250 cc) or less, but this definition shall not include a motorized bicycle;

(3) (A) "Motorized bicycle" means a bicycle with an automatic transmission and a motor which does not displace in excess of fifty cubic centimeters (50 cc). (B) "Motorized bicycle" does not include an electric bicycle as defined in § 27-51-1702 ; and

(A) "Motorized bicycle" means a bicycle with an automatic transmission and a motor which does not displace in excess of fifty cubic centimeters (50 cc).

(B) "Motorized bicycle" does not include an electric bicycle as defined in § 27-51-1702 ; and

(4) "Street or highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

Amended by Act 2017, No. 956,§ 1, eff. 4/7/2017.

Acts 1959, No. 201, § 1; 1975, No. 206, § 1; 1977, No. 561, § 1; 1985, No. 972, § 1; A.S.A. 1947, § 75-1701; Acts 2005, No. 1942, § 1.
Ark. Code Ann. § 27-53-203 — AR Code / Title 27 / Chapter 53 / Subchapter 2 / Section 27-53-203
Incapacity to make report
Status: in_force

(a) Whenever the driver of a vehicle is physically incapable of reporting an accident, as required by § 27-53-202(a) , and there was another occupant in the vehicle at the time of the accident capable of making a report, the occupant shall make or cause to be made the report. (b) Whenever the driver of any taxicab, bus, or other motor vehicle carrying passengers for hire is physically incapable of reporting an accident, as required by § 27-53-202(b) , it shall be the duty of the person in charge of the nearest office of the taxicab company, bus company, or other motor vehicle public carrier to make the report or cause it to be made. Acts 1937, No. 300, § 42; Pope's Dig., § 6700; Acts 1949, No. 464, § 2; A.S.A. 1947, § 75-907; Acts 1995, No. 659, § 3.

(a) Whenever the driver of a vehicle is physically incapable of reporting an accident, as required by § 27-53-202(a) , and there was another occupant in the vehicle at the time of the accident capable of making a report, the occupant shall make or cause to be made the report.

(b) Whenever the driver of any taxicab, bus, or other motor vehicle carrying passengers for hire is physically incapable of reporting an accident, as required by § 27-53-202(b) , it shall be the duty of the person in charge of the nearest office of the taxicab company, bus company, or other motor vehicle public carrier to make the report or cause it to be made.

Acts 1937, No. 300, § 42; Pope's Dig., § 6700; Acts 1949, No. 464, § 2; A.S.A. 1947, § 75-907; Acts 1995, No. 659, § 3.
Ark. Code Ann. § 27-35-208 — AR Code / Title 27 / Chapter 35 / Subchapter 2 / Section 27-35-208
Length of vehicles - Definitions
Status: in_force

(a) (1) No single truck operated on the highways of this state, unladen or with load, shall have an overall length in excess of forty feet (40'). (2) Provided, any single truck, unladen or with load, utilized to transport compacted seed cotton from the farm to the first point at which the seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may be operated on the highways of this state with the exception of federal interstate highways with an overall length in excess of forty feet (40') but no more than fifty-five feet (55'). (b) No bus operated on the highways of this state shall have an overall length in excess of forty-five feet (45'). (c) (1) (A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer combination or a truck tractor-trailer combination shall have an overall length, unladen or with load, greater than those lengths that were in actual and lawful use in this state on December 1, 1982. (B) The state shall not establish or enforce any rule which imposes a semitrailer or trailer length limitation of less than fifty-three feet six inches (53' 6") on a semitrailer or trailer unit operating in combination with a truck tractor unit. (2) (A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer-trailer combination shall have an overall length, unladen or with load, in excess of twenty-eight feet (28'). (B) Existing semitrailers or trailers of twenty-eight feet six inches (28' 6") that were in actual and lawful use on December 1, 1982, shall not be prohibited. (3) The length limitations described in this subsection shall be exclusive of coupling devices, energy conservation devices, and safety devices as provided by federal regulations. (d) (1) These length limitations shall not apply to: (A) Vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered; or (B) Vehicles transporting objects operated at nighttime by a public utility or its agents or by electric or telephone cooperatives or their agents when required for emergency repair of public facilities or properties or when operated under special permit as provided by law. (2) In respect to night transportation, every vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load. (e) (1) (A) Notwithstanding any other provisions of this subchapter, a combination of vehicles engaged in the transportation of automobiles or other motor vehicles shall be permitted a load extension of four feet (4') beyond the front and six feet (6') beyond the rear of the combination. (B) This extension shall not be considered in determining the overall length of the combination of vehicles. (C) The total length of a motor vehicle authorized under subdivision (e)(1)(A) of this section shall not exceed eighty feet (80'). (2) Clearance lights or reflectors on the transported vehicles shall be used to delineate the extension of the load when applicable. (f) No motor vehicle shall be operated on the highways, roads, or streets of this state with more than two (2) trailing vehicles. (g) Subsection (a) of this section does not apply to vehicles collecting garbage, rubbish, refuse, or recyclable materials which are equipped with front-end loading attachments and containers provided that the vehicle is actively engaged in the collection of garbage, rubbish, refuse, or recyclable materials. For the purposes of this subsection, the term "actively engaged" shall mean during the actual process of collecting garbage, rubbish, refuse, or recyclable materials with the front-end loading attachment or attachments in the downward position. (h) (1) The total length of a towaway trailer transporter combination shall not exceed eighty-two feet (82'). (2) As used in this subsection: (A) "Towaway trailer transporter combination" means a combination of motor vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers that: (i) Have a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and (ii) Carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers; and (B) "Trailer transporter towing unit" means a power unit that is not used to carry property when operating in a towaway trailer transporter combination. Amended by Act 2019, No. 315,§ 3137, eff. 7/24/2019. Amended by Act 2017, No. 619,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 619,§ 3, eff. 8/1/2017. Acts 1955, No. 98, § 4; 1963, No. 78, §§ 1, 2; 1967, No. 109, § 1; 1973, No. 153, § 1; 1977, No. 431, § 1; 1983, No. 7, § 2; A.S.A. 1947, § 75-816; Acts 1992 (1st Ex. Sess.), No. 68, § 4; 1992 (1st Ex. Sess.), No. 69, § 4; 1993, No. 1021, § 1; 1997, No. 307, § 1; 2001, No. 1483, § 1; 2003, No. 331, § 1; 2003, No. 850, § 1.

(a) (1) No single truck operated on the highways of this state, unladen or with load, shall have an overall length in excess of forty feet (40'). (2) Provided, any single truck, unladen or with load, utilized to transport compacted seed cotton from the farm to the first point at which the seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may be operated on the highways of this state with the exception of federal interstate highways with an overall length in excess of forty feet (40') but no more than fifty-five feet (55').

(1) No single truck operated on the highways of this state, unladen or with load, shall have an overall length in excess of forty feet (40').

(2) Provided, any single truck, unladen or with load, utilized to transport compacted seed cotton from the farm to the first point at which the seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state may be operated on the highways of this state with the exception of federal interstate highways with an overall length in excess of forty feet (40') but no more than fifty-five feet (55').

(b) No bus operated on the highways of this state shall have an overall length in excess of forty-five feet (45').

(c) (1) (A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer combination or a truck tractor-trailer combination shall have an overall length, unladen or with load, greater than those lengths that were in actual and lawful use in this state on December 1, 1982. (B) The state shall not establish or enforce any rule which imposes a semitrailer or trailer length limitation of less than fifty-three feet six inches (53' 6") on a semitrailer or trailer unit operating in combination with a truck tractor unit. (2) (A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer-trailer combination shall have an overall length, unladen or with load, in excess of twenty-eight feet (28'). (B) Existing semitrailers or trailers of twenty-eight feet six inches (28' 6") that were in actual and lawful use on December 1, 1982, shall not be prohibited. (3) The length limitations described in this subsection shall be exclusive of coupling devices, energy conservation devices, and safety devices as provided by federal regulations.

(1) (A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer combination or a truck tractor-trailer combination shall have an overall length, unladen or with load, greater than those lengths that were in actual and lawful use in this state on December 1, 1982. (B) The state shall not establish or enforce any rule which imposes a semitrailer or trailer length limitation of less than fifty-three feet six inches (53' 6") on a semitrailer or trailer unit operating in combination with a truck tractor unit.

(A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer combination or a truck tractor-trailer combination shall have an overall length, unladen or with load, greater than those lengths that were in actual and lawful use in this state on December 1, 1982.

(B) The state shall not establish or enforce any rule which imposes a semitrailer or trailer length limitation of less than fifty-three feet six inches (53' 6") on a semitrailer or trailer unit operating in combination with a truck tractor unit.

(2) (A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer-trailer combination shall have an overall length, unladen or with load, in excess of twenty-eight feet (28'). (B) Existing semitrailers or trailers of twenty-eight feet six inches (28' 6") that were in actual and lawful use on December 1, 1982, shall not be prohibited.

(A) No semitrailer or trailer operated on the highways of this state in a truck tractor-semitrailer-trailer combination shall have an overall length, unladen or with load, in excess of twenty-eight feet (28').

(B) Existing semitrailers or trailers of twenty-eight feet six inches (28' 6") that were in actual and lawful use on December 1, 1982, shall not be prohibited.

(3) The length limitations described in this subsection shall be exclusive of coupling devices, energy conservation devices, and safety devices as provided by federal regulations.

(d) (1) These length limitations shall not apply to: (A) Vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered; or (B) Vehicles transporting objects operated at nighttime by a public utility or its agents or by electric or telephone cooperatives or their agents when required for emergency repair of public facilities or properties or when operated under special permit as provided by law. (2) In respect to night transportation, every vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.

(1) These length limitations shall not apply to: (A) Vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered; or (B) Vehicles transporting objects operated at nighttime by a public utility or its agents or by electric or telephone cooperatives or their agents when required for emergency repair of public facilities or properties or when operated under special permit as provided by law.

(A) Vehicles operated in the daytime when transporting poles, pipes, machinery, or other objects of a structural nature which cannot readily be dismembered; or

(B) Vehicles transporting objects operated at nighttime by a public utility or its agents or by electric or telephone cooperatives or their agents when required for emergency repair of public facilities or properties or when operated under special permit as provided by law.

(2) In respect to night transportation, every vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.

(e) (1) (A) Notwithstanding any other provisions of this subchapter, a combination of vehicles engaged in the transportation of automobiles or other motor vehicles shall be permitted a load extension of four feet (4') beyond the front and six feet (6') beyond the rear of the combination. (B) This extension shall not be considered in determining the overall length of the combination of vehicles. (C) The total length of a motor vehicle authorized under subdivision (e)(1)(A) of this section shall not exceed eighty feet (80'). (2) Clearance lights or reflectors on the transported vehicles shall be used to delineate the extension of the load when applicable.

(1) (A) Notwithstanding any other provisions of this subchapter, a combination of vehicles engaged in the transportation of automobiles or other motor vehicles shall be permitted a load extension of four feet (4') beyond the front and six feet (6') beyond the rear of the combination. (B) This extension shall not be considered in determining the overall length of the combination of vehicles. (C) The total length of a motor vehicle authorized under subdivision (e)(1)(A) of this section shall not exceed eighty feet (80').

(A) Notwithstanding any other provisions of this subchapter, a combination of vehicles engaged in the transportation of automobiles or other motor vehicles shall be permitted a load extension of four feet (4') beyond the front and six feet (6') beyond the rear of the combination.

(B) This extension shall not be considered in determining the overall length of the combination of vehicles.

(C) The total length of a motor vehicle authorized under subdivision (e)(1)(A) of this section shall not exceed eighty feet (80').

(2) Clearance lights or reflectors on the transported vehicles shall be used to delineate the extension of the load when applicable.

(f) No motor vehicle shall be operated on the highways, roads, or streets of this state with more than two (2) trailing vehicles.

(g) Subsection (a) of this section does not apply to vehicles collecting garbage, rubbish, refuse, or recyclable materials which are equipped with front-end loading attachments and containers provided that the vehicle is actively engaged in the collection of garbage, rubbish, refuse, or recyclable materials. For the purposes of this subsection, the term "actively engaged" shall mean during the actual process of collecting garbage, rubbish, refuse, or recyclable materials with the front-end loading attachment or attachments in the downward position.

(h) (1) The total length of a towaway trailer transporter combination shall not exceed eighty-two feet (82'). (2) As used in this subsection: (A) "Towaway trailer transporter combination" means a combination of motor vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers that: (i) Have a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and (ii) Carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers; and (B) "Trailer transporter towing unit" means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.

(1) The total length of a towaway trailer transporter combination shall not exceed eighty-two feet (82').

(2) As used in this subsection: (A) "Towaway trailer transporter combination" means a combination of motor vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers that: (i) Have a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and (ii) Carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers; and (B) "Trailer transporter towing unit" means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.

(A) "Towaway trailer transporter combination" means a combination of motor vehicles consisting of a trailer transporter towing unit and two (2) trailers or semitrailers that: (i) Have a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and (ii) Carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers; and

(i) Have a total weight that does not exceed twenty-six thousand pounds (26,000 lbs.); and

(ii) Carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers; and

(B) "Trailer transporter towing unit" means a power unit that is not used to carry property when operating in a towaway trailer transporter combination.

Amended by Act 2019, No. 315,§ 3137, eff. 7/24/2019.

Amended by Act 2017, No. 619,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 619,§ 3, eff. 8/1/2017.

Acts 1955, No. 98, § 4; 1963, No. 78, §§ 1, 2; 1967, No. 109, § 1; 1973, No. 153, § 1; 1977, No. 431, § 1; 1983, No. 7, § 2; A.S.A. 1947, § 75-816; Acts 1992 (1st Ex. Sess.), No. 68, § 4; 1992 (1st Ex. Sess.), No. 69, § 4; 1993, No. 1021, § 1; 1997, No. 307, § 1; 2001, No. 1483, § 1; 2003, No. 331, § 1; 2003, No. 850, § 1.
Ark. Code Ann. § 27-24-1209 — AR Code / Title 27 / Chapter 24 / Subchapter 12 / Section 27-24-1209
Limitation on remedies
Status: in_force

The African American fraternities and sororities participating in this program shall have no recourse against the Department of Finance and Administration if any special license plate is erroneously issued or renewed without payment of the design-use authorization statement. Acts 2005, No. 2202, § 1.

The African American fraternities and sororities participating in this program shall have no recourse against the Department of Finance and Administration if any special license plate is erroneously issued or renewed without payment of the design-use authorization statement.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-72-101 — AR Code / Title 27 / Chapter 72 / Subchapter 1 / Section 27-72-101
Plans and engineering services for county federal-aid secondary road projects
Status: in_force

(a) The Arkansas Department of Transportation is authorized and directed to furnish, without cost to counties, all plans and engineering services necessary in connection with all county negotiated contracts for federal-aid secondary road projects in all counties of this state. (b) The cost of plans and engineering services shall be included in the cost of projects but shall not be chargeable to the county. Amended by Act 2017, No. 707,§ 414, eff. 8/1/2017. Acts 1963, No. 263, § 1; A.S.A. 1947, § 76-462.

(a) The Arkansas Department of Transportation is authorized and directed to furnish, without cost to counties, all plans and engineering services necessary in connection with all county negotiated contracts for federal-aid secondary road projects in all counties of this state.

(b) The cost of plans and engineering services shall be included in the cost of projects but shall not be chargeable to the county.

Amended by Act 2017, No. 707,§ 414, eff. 8/1/2017.

Acts 1963, No. 263, § 1; A.S.A. 1947, § 76-462.
Ark. Code Ann. § 27-115-110 — AR Code / Title 27 / Chapter 115 / Section 27-115-110
Disposition of funds
Status: in_force

(a) All revenues derived from the levying of the Arkansas Gross Receipts Tax, as amended, § 26-52-101 et seq., upon aircraft and aviation fuel, aviation services, aircraft parts and accessories, and other gross receipts taxes remitted by aircraft dealers, airports, and flying fields shall be reported to the Secretary of the Department of Finance and Administration in a manner and on forms as he or she shall direct. (b) The Division of Aeronautics is authorized to accept donations and grants of all property, whether real or personal. (c) Tax proceeds and grants and donations of money shall be special revenues and shall be deposited into the State Treasury to the credit of the Division of Aeronautics Fund to be used for constructing and improving airports, civil airways, and other air navigation facilities and for preserving the history of aviation in the state. (d) The division shall administer the funds so deposited and shall use the funds for the sole purpose of building airports, civil airways, and other air navigation facilities in this state in those cities or towns as the division, in coordination with the Arkansas Economic Development Council, shall determine would attract the greatest volume of industry to this state. (e) The funds may also be used for the purpose of: (1) Matching funds with any federal funds made available for the purpose of this section; (2) (A) Establishing or supporting aviation museums to preserve the history of aviation in the state. (B) Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or (3) Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to: (A) The development of aeronautics; (B) The promotion of aeronautics; or (C) Aviation education. (f) (1) All revenues derived from the levying of the compensating use tax under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., upon aircraft and aviation fuel, aviation services, and aircraft parts and accessories remitted by aircraft dealers, airports, and flying fields shall be reported to the Director of the Division of Aeronautics in a manner and on forms as he or she shall direct. (2) All state use tax derived shall be special revenues and shall be deposited into the State Treasury to the credit of the fund to be used for the purposes set forth in this subsection. Amended by Act 2019, No. 152,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 643, eff. 7/1/2019. Acts 1967, No. 449, §§ 1, 2; 1977, No. 733, § 1; 1983, No. 474, §§ 1, 2; A.S.A. 1947, §§ 74-214, 74-215; Acts 1997, No. 540, §§ 62, 93; 1997, No. 924, § 1.

(a) All revenues derived from the levying of the Arkansas Gross Receipts Tax, as amended, § 26-52-101 et seq., upon aircraft and aviation fuel, aviation services, aircraft parts and accessories, and other gross receipts taxes remitted by aircraft dealers, airports, and flying fields shall be reported to the Secretary of the Department of Finance and Administration in a manner and on forms as he or she shall direct.

(b) The Division of Aeronautics is authorized to accept donations and grants of all property, whether real or personal.

(c) Tax proceeds and grants and donations of money shall be special revenues and shall be deposited into the State Treasury to the credit of the Division of Aeronautics Fund to be used for constructing and improving airports, civil airways, and other air navigation facilities and for preserving the history of aviation in the state.

(d) The division shall administer the funds so deposited and shall use the funds for the sole purpose of building airports, civil airways, and other air navigation facilities in this state in those cities or towns as the division, in coordination with the Arkansas Economic Development Council, shall determine would attract the greatest volume of industry to this state.

(e) The funds may also be used for the purpose of: (1) Matching funds with any federal funds made available for the purpose of this section; (2) (A) Establishing or supporting aviation museums to preserve the history of aviation in the state. (B) Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or (3) Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to: (A) The development of aeronautics; (B) The promotion of aeronautics; or (C) Aviation education.

(1) Matching funds with any federal funds made available for the purpose of this section;

(2) (A) Establishing or supporting aviation museums to preserve the history of aviation in the state. (B) Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or

(A) Establishing or supporting aviation museums to preserve the history of aviation in the state.

(B) Assistance for the establishment or support of aviation museums shall not exceed a total of twenty thousand dollars ($20,000); or

(3) Distributing grants to qualifying applicants as determined by the Director of the Division of Aeronautics and the Aeronautics Commission for any purpose related to: (A) The development of aeronautics; (B) The promotion of aeronautics; or (C) Aviation education.

(A) The development of aeronautics;

(B) The promotion of aeronautics; or

(C) Aviation education.

(f) (1) All revenues derived from the levying of the compensating use tax under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., upon aircraft and aviation fuel, aviation services, and aircraft parts and accessories remitted by aircraft dealers, airports, and flying fields shall be reported to the Director of the Division of Aeronautics in a manner and on forms as he or she shall direct. (2) All state use tax derived shall be special revenues and shall be deposited into the State Treasury to the credit of the fund to be used for the purposes set forth in this subsection.

(1) All revenues derived from the levying of the compensating use tax under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., upon aircraft and aviation fuel, aviation services, and aircraft parts and accessories remitted by aircraft dealers, airports, and flying fields shall be reported to the Director of the Division of Aeronautics in a manner and on forms as he or she shall direct.

(2) All state use tax derived shall be special revenues and shall be deposited into the State Treasury to the credit of the fund to be used for the purposes set forth in this subsection.

Amended by Act 2019, No. 152,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 643, eff. 7/1/2019.

Acts 1967, No. 449, §§ 1, 2; 1977, No. 733, § 1; 1983, No. 474, §§ 1, 2; A.S.A. 1947, §§ 74-214, 74-215; Acts 1997, No. 540, §§ 62, 93; 1997, No. 924, § 1.
Ark. Code Ann. § 27-49-102 — AR Code / Title 27 / Chapter 49 / Subchapter 1 / Section 27-49-102
Applicability to operation on highways - Exceptions
Status: in_force

The provisions of this subtitle relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except: (1) Where a different place is specifically referred to in a given section; (2) The provisions of §§ 27-50-307 , 27-50-308 , 27-53-101 - 27-53-105 , and 27-53-201 - 27-53-208 shall apply upon highways and elsewhere throughout the state; and (3) Where the owner of a private roadway within a planned community in Arkansas grants express permission for the state and local law enforcement authorities to enter on and to enforce the provisions of this subtitle and other traffic laws of the state or local authorities on those private roadways in the planned community. Acts 1937, No. 300, § 20; Pope's Dig., § 6678; A.S.A. 1947, § 75-420; Acts 1994 (2nd Ex. Sess.), No. 32, § 1.

The provisions of this subtitle relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section;

(2) The provisions of §§ 27-50-307 , 27-50-308 , 27-53-101 - 27-53-105 , and 27-53-201 - 27-53-208 shall apply upon highways and elsewhere throughout the state; and

(3) Where the owner of a private roadway within a planned community in Arkansas grants express permission for the state and local law enforcement authorities to enter on and to enforce the provisions of this subtitle and other traffic laws of the state or local authorities on those private roadways in the planned community.

Acts 1937, No. 300, § 20; Pope's Dig., § 6678; A.S.A. 1947, § 75-420; Acts 1994 (2nd Ex. Sess.), No. 32, § 1.
Ark. Code Ann. § 27-72-419 — AR Code / Title 27 / Chapter 72 / Subchapter 4 / Section 27-72-419
Title
Status: in_force

This subchapter shall be known and may be cited as the "State Aid Streets Law". Acts 2011, No. 1032, § 2.

This subchapter shall be known and may be cited as the "State Aid Streets Law".

Acts 2011, No. 1032, § 2.
Ark. Code Ann. § 27-51-1404 — AR Code / Title 27 / Chapter 51 / Subchapter 14 / Section 27-51-1404
Coasting prohibited
Status: in_force

(a) The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of the vehicle in neutral. (b) The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged. Acts 1937, No. 300, § 97; Pope's Dig., § 6754; A.S.A. 1947, § 75-654.

(a) The driver of any motor vehicle when traveling upon a downgrade shall not coast with the gears of the vehicle in neutral.

(b) The driver of a commercial motor vehicle when traveling upon a downgrade shall not coast with the clutch disengaged.

Acts 1937, No. 300, § 97; Pope's Dig., § 6754; A.S.A. 1947, § 75-654.
Ark. Code Ann. § 27-101-103 — AR Code / Title 27 / Chapter 101 / Subchapter 1 / Section 27-101-103
Definitions
Status: in_force

As used in this chapter, unless otherwise specified in the particular subchapter: (1) "Certificate of number" means a motorboat registration or motorboat registration certificate; (2) "Length" means the extreme deck fore-and-aft measurement of a vessel; (3) "Marina" means a dock or basin providing moorings for motorboats and offering supply, repair, or other services for remuneration; (4) "Marine sanitation device" means equipment that is identified by the United States Coast Guard as meeting the standards of the United States Environmental Protection Agency to eliminate the discharge of untreated sewage from vessels and is a device that receives, treats, retains, or discharges sewage; (5) "Motorboat" means any vessel operated upon water and which is propelled by sail or machinery, whether or not the machinery is the principal source of propulsion but shall not include a vessel that has a valid marine document issued by the United States Customs and Border Protection or any federal agency successor thereto; (6) "Operate" means to navigate or otherwise use a motorboat or a vessel; (7) "Operator" means a person who is controlling the speed and direction of a vessel or a person who is in direct physical control of a vessel; (8) (A) "Owner" means a person other than a lienholder having the property in or title to a motorboat. (B) "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security; (9) "Person" means an individual, partnership, firm, corporation, association, or other entity; (10) "Personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel; (11) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation; (12) (A) "Water sport activity" means an activity that involves a person being towed by a motorboat, personal watercraft, or other vessel in waters of this state. (B) "Water sport activity" shall include, but not be limited to, any of the following activities: (i) Barefooting; (ii) Wake boarding; (iii) Wake surfing; (iv) Water skiing; (v) Water sledding; or (vi) Water tubing. (C) "Water sport activity" does not include organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions; and (13) (A) "Waters of this state" means any public waters within the territorial limits of the State of Arkansas. (B) However, waters that are confined within a pond, tank, or lake, situated entirely on the premises of a single owner, and that except under abnormal flood conditions are in no way connected by water or with any other flowing stream or body of water or with any other body of water not situated on the premises of the owner are declared to be privately owned waters and shall not be construed to be waters of this state. Amended by Act 2019, No. 733,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 733,§ 6, eff. 7/24/2019. Acts 1959, No. 453, § 2; 1961, No. 423, § 1; 1973, No. 395, § 1; A.S.A. 1947, §§ 21-222, 21-248; Acts 1987, No. 122, §§ 1, 7; 1995, No. 517, § 1; 2003, No. 1774, § 2; 2005, No. 1297, § 1.

As used in this chapter, unless otherwise specified in the particular subchapter:

(1) "Certificate of number" means a motorboat registration or motorboat registration certificate;

(2) "Length" means the extreme deck fore-and-aft measurement of a vessel;

(3) "Marina" means a dock or basin providing moorings for motorboats and offering supply, repair, or other services for remuneration;

(4) "Marine sanitation device" means equipment that is identified by the United States Coast Guard as meeting the standards of the United States Environmental Protection Agency to eliminate the discharge of untreated sewage from vessels and is a device that receives, treats, retains, or discharges sewage;

(5) "Motorboat" means any vessel operated upon water and which is propelled by sail or machinery, whether or not the machinery is the principal source of propulsion but shall not include a vessel that has a valid marine document issued by the United States Customs and Border Protection or any federal agency successor thereto;

(6) "Operate" means to navigate or otherwise use a motorboat or a vessel;

(7) "Operator" means a person who is controlling the speed and direction of a vessel or a person who is in direct physical control of a vessel;

(8) (A) "Owner" means a person other than a lienholder having the property in or title to a motorboat. (B) "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security;

(A) "Owner" means a person other than a lienholder having the property in or title to a motorboat.

(B) "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security;

(9) "Person" means an individual, partnership, firm, corporation, association, or other entity;

(10) "Personal watercraft" means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than in the conventional manner of sitting or standing inside the vessel;

(11) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation;

(12) (A) "Water sport activity" means an activity that involves a person being towed by a motorboat, personal watercraft, or other vessel in waters of this state. (B) "Water sport activity" shall include, but not be limited to, any of the following activities: (i) Barefooting; (ii) Wake boarding; (iii) Wake surfing; (iv) Water skiing; (v) Water sledding; or (vi) Water tubing. (C) "Water sport activity" does not include organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions; and

(A) "Water sport activity" means an activity that involves a person being towed by a motorboat, personal watercraft, or other vessel in waters of this state.

(B) "Water sport activity" shall include, but not be limited to, any of the following activities: (i) Barefooting; (ii) Wake boarding; (iii) Wake surfing; (iv) Water skiing; (v) Water sledding; or (vi) Water tubing.

(i) Barefooting;

(ii) Wake boarding;

(iii) Wake surfing;

(iv) Water skiing;

(v) Water sledding; or

(vi) Water tubing.

(C) "Water sport activity" does not include organized water carnivals, water skiing exhibitions, or other organized water sports exhibitions; and

(13) (A) "Waters of this state" means any public waters within the territorial limits of the State of Arkansas. (B) However, waters that are confined within a pond, tank, or lake, situated entirely on the premises of a single owner, and that except under abnormal flood conditions are in no way connected by water or with any other flowing stream or body of water or with any other body of water not situated on the premises of the owner are declared to be privately owned waters and shall not be construed to be waters of this state.

(A) "Waters of this state" means any public waters within the territorial limits of the State of Arkansas.

(B) However, waters that are confined within a pond, tank, or lake, situated entirely on the premises of a single owner, and that except under abnormal flood conditions are in no way connected by water or with any other flowing stream or body of water or with any other body of water not situated on the premises of the owner are declared to be privately owned waters and shall not be construed to be waters of this state.

Amended by Act 2019, No. 733,§ 7, eff. 7/24/2019.

Amended by Act 2019, No. 733,§ 6, eff. 7/24/2019.

Acts 1959, No. 453, § 2; 1961, No. 423, § 1; 1973, No. 395, § 1; A.S.A. 1947, §§ 21-222, 21-248; Acts 1987, No. 122, §§ 1, 7; 1995, No. 517, § 1; 2003, No. 1774, § 2; 2005, No. 1297, § 1.
Ark. Code Ann. § 27-73-205 — AR Code / Title 27 / Chapter 73 / Subchapter 2 / Section 27-73-205
Exemptions
Status: in_force

(a) Official devices located at airports, designated parking areas, transportation mode interchange points, depots, and similar public service facilities shall be exempt from the provisions of this subchapter. (b) The provisions of this subchapter shall neither apply to any oscillating, rotating, or flashing railroad signal or safety light at any railroad crossing or upon any railroad right-of-way nor to the oscillating headlights on any railroad locomotive. (c) The prohibition set out in § 27-73-204 does not apply to signs or devices with constant illumination and color, including those in which the only movement is a very slow, steady rotation of the entire body of the sign or advertising device. Acts 1973, No. 258, §§ 1, 2; A.S.A. 1947, §§ 76-140, 76-141.

(a) Official devices located at airports, designated parking areas, transportation mode interchange points, depots, and similar public service facilities shall be exempt from the provisions of this subchapter.

(b) The provisions of this subchapter shall neither apply to any oscillating, rotating, or flashing railroad signal or safety light at any railroad crossing or upon any railroad right-of-way nor to the oscillating headlights on any railroad locomotive.

(c) The prohibition set out in § 27-73-204 does not apply to signs or devices with constant illumination and color, including those in which the only movement is a very slow, steady rotation of the entire body of the sign or advertising device.

Acts 1973, No. 258, §§ 1, 2; A.S.A. 1947, §§ 76-140, 76-141.
Ark. Code Ann. § 27-24-306 — AR Code / Title 27 / Chapter 24 / Subchapter 3 / Section 27-24-306
Other public entities
Status: in_force

(a) The following public entities may apply for special license plates under this subchapter through their directors, chairs, or other authorized representatives: (1) Regional airports authorized under the Regional Airport Act, § 14-362-101 et seq.; and (2) Regional water distribution districts authorized under The Regional Water Distribution District Act, § 14-116-101 et seq. (b) An application submitted under this section shall include the following: (1) The payment of one dollar ($1.00) for each motor vehicle to be licensed; and (2) An affidavit by the director, chair, or other authorized representative that states that: (A) The public entity exists to serve a public purpose; and (B) The motor vehicle to which the special license plate is attached is: (i) Owned by the public entity; and (ii) Used exclusively for the business of the public entity. Acts 2007, No. 536, § 3.

(a) The following public entities may apply for special license plates under this subchapter through their directors, chairs, or other authorized representatives: (1) Regional airports authorized under the Regional Airport Act, § 14-362-101 et seq.; and (2) Regional water distribution districts authorized under The Regional Water Distribution District Act, § 14-116-101 et seq.

(1) Regional airports authorized under the Regional Airport Act, § 14-362-101 et seq.; and

(2) Regional water distribution districts authorized under The Regional Water Distribution District Act, § 14-116-101 et seq.

(b) An application submitted under this section shall include the following: (1) The payment of one dollar ($1.00) for each motor vehicle to be licensed; and (2) An affidavit by the director, chair, or other authorized representative that states that: (A) The public entity exists to serve a public purpose; and (B) The motor vehicle to which the special license plate is attached is: (i) Owned by the public entity; and (ii) Used exclusively for the business of the public entity.

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

(2) An affidavit by the director, chair, or other authorized representative that states that: (A) The public entity exists to serve a public purpose; and (B) The motor vehicle to which the special license plate is attached is: (i) Owned by the public entity; and (ii) Used exclusively for the business of the public entity.

(A) The public entity exists to serve a public purpose; and

(B) The motor vehicle to which the special license plate is attached is: (i) Owned by the public entity; and (ii) Used exclusively for the business of the public entity.

(i) Owned by the public entity; and

(ii) Used exclusively for the business of the public entity.

Acts 2007, No. 536, § 3.
Ark. Code Ann. § 27-15-302 — AR Code / Title 27 / Chapter 15 / Subchapter 3 / Section 27-15-302
Definitions
Status: in_force

As used in this subchapter: (1) "Access aisle" means a ramp designed, constructed, and marked for access by a mobility-impaired person, a striped or marked passenger loading and unloading area, or a striped access area adjacent to a parking space designed and marked for access by mobility-impaired or sight-impaired persons; (2) "Office" means the Office of Motor Vehicle; (3) (A) "Permanent disability" means a medically determined condition that is continuous without the possibility of improvement and that substantially impacts a person's mobility. (B) "Permanent disability" includes: (i) A spinal cord injury; (ii) A genetic ambulatory disorder; (iii) An amputation; (iv) Spina bifida; (v) Multiple sclerosis; (vi) Chronic heart disease; or (vii) Any other medically determined permanent condition that substantially impacts a person's mobility; (4) "Person with a disability" means any individual who, as determined by a licensed physician: (A) Cannot walk one hundred feet (100') without stopping to rest; (B) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; (C) Is restricted by lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one liter (1 L), or the arterial oxygen tension is less than sixty millimeters of mercury (60 mmHg) on room air at rest; (D) Uses portable oxygen; or (E) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; (5) "Private agency" means any person, firm, association, organization, or entity, other than a public agency doing business with or providing accommodations for the public, whose customary and normal operations include the providing of parking spaces as a means of accommodating the general public or a select clientele or membership; (6) "Public agency" means any department, office, or agency of the State of Arkansas or any city, county, school district, or other public agency of this state or of its political subdivisions; and (7) "Van-accessible parking decal" means: (A) A designated special decal to be affixed to a special license plate, special certificate, or temporary special certificate and displayed on a vehicle that is: (i) Used to transport a person who has limited or no use of his or her legs; and (ii) Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and (B) Indicia of authorization for the use of a van-accessible parking space. Amended by Act 2017, No. 799,§ 1, eff. 11/13/2017. Acts 1985, No. 907, § 2; A.S.A. 1947, § 75-296.4; Acts 1991, No. 656, § 2; 1999, No. 1503, § 1; 2005, No. 2202, § 2; 2007, No. 753, § 8.

As used in this subchapter:

(1) "Access aisle" means a ramp designed, constructed, and marked for access by a mobility-impaired person, a striped or marked passenger loading and unloading area, or a striped access area adjacent to a parking space designed and marked for access by mobility-impaired or sight-impaired persons;

(2) "Office" means the Office of Motor Vehicle;

(3) (A) "Permanent disability" means a medically determined condition that is continuous without the possibility of improvement and that substantially impacts a person's mobility. (B) "Permanent disability" includes: (i) A spinal cord injury; (ii) A genetic ambulatory disorder; (iii) An amputation; (iv) Spina bifida; (v) Multiple sclerosis; (vi) Chronic heart disease; or (vii) Any other medically determined permanent condition that substantially impacts a person's mobility;

(A) "Permanent disability" means a medically determined condition that is continuous without the possibility of improvement and that substantially impacts a person's mobility.

(B) "Permanent disability" includes: (i) A spinal cord injury; (ii) A genetic ambulatory disorder; (iii) An amputation; (iv) Spina bifida; (v) Multiple sclerosis; (vi) Chronic heart disease; or (vii) Any other medically determined permanent condition that substantially impacts a person's mobility;

(i) A spinal cord injury;

(ii) A genetic ambulatory disorder;

(iii) An amputation;

(iv) Spina bifida;

(v) Multiple sclerosis;

(vi) Chronic heart disease; or

(vii) Any other medically determined permanent condition that substantially impacts a person's mobility;

(4) "Person with a disability" means any individual who, as determined by a licensed physician: (A) Cannot walk one hundred feet (100') without stopping to rest; (B) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; (C) Is restricted by lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one liter (1 L), or the arterial oxygen tension is less than sixty millimeters of mercury (60 mmHg) on room air at rest; (D) Uses portable oxygen; or (E) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;

(A) Cannot walk one hundred feet (100') without stopping to rest;

(B) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;

(C) Is restricted by lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one liter (1 L), or the arterial oxygen tension is less than sixty millimeters of mercury (60 mmHg) on room air at rest;

(D) Uses portable oxygen; or

(E) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;

(5) "Private agency" means any person, firm, association, organization, or entity, other than a public agency doing business with or providing accommodations for the public, whose customary and normal operations include the providing of parking spaces as a means of accommodating the general public or a select clientele or membership;

(6) "Public agency" means any department, office, or agency of the State of Arkansas or any city, county, school district, or other public agency of this state or of its political subdivisions; and

(7) "Van-accessible parking decal" means: (A) A designated special decal to be affixed to a special license plate, special certificate, or temporary special certificate and displayed on a vehicle that is: (i) Used to transport a person who has limited or no use of his or her legs; and (ii) Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and (B) Indicia of authorization for the use of a van-accessible parking space.

(A) A designated special decal to be affixed to a special license plate, special certificate, or temporary special certificate and displayed on a vehicle that is: (i) Used to transport a person who has limited or no use of his or her legs; and (ii) Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and

(i) Used to transport a person who has limited or no use of his or her legs; and

(ii) Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and

(B) Indicia of authorization for the use of a van-accessible parking space.

Amended by Act 2017, No. 799,§ 1, eff. 11/13/2017.

Acts 1985, No. 907, § 2; A.S.A. 1947, § 75-296.4; Acts 1991, No. 656, § 2; 1999, No. 1503, § 1; 2005, No. 2202, § 2; 2007, No. 753, § 8.