Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 4 - ADDITIONAL PENALTY (§§ 27-50-401 — 27-50-408) › Section 27-50-408 - Fines for moving traffic violations in a highway work zone - Definitions

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