reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-607 - Repayment

(a)
Bonds issued under this chapter shall be payable from revenues derived from the regional mobility authority's transportation system and any other unrestricted funds of the regional mobility authority.
(b)
The bonds shall not in any event constitute an indebtedness of nor pledge the faith and credit of the State of Arkansas or the county or counties or municipality or municipalities creating the regional mobility authority within the meaning of any constitutional provisions or limitations.
(c)
It shall be plainly stated on the face of each bond that it:
(1)
Is issued under the provisions of this chapter;
(2)
Does not constitute an indebtedness of the State of Arkansas or the county or counties or the municipality or municipalities creating the regional mobility authority within any constitutional provisions or limitations; and
(3)
Is not backed by the full faith and credit of the State of Arkansas or the county or counties or municipality or municipalities creating the regional mobility authority.
(d)
The bonds and the interest on the bonds shall be exempt from all state, county, and municipal taxation, including without limitation income taxation and inheritance taxation.
Amended by Act 2013, No. 497,§ 10, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-608 - Lien in favor of bondholders

(a)
The payment of the principal of bonds issued under this chapter and the interest thereon may be secured by a lien on and security interest in the regional mobility authority's surface transportation system or any specified portion of the regional mobility authority's surface transportation system.
(b)
It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the collateral security.
(c)
Subject to whatever restrictions may be contained in the resolution or indenture governing the bonds, any holder of bonds issued under the provisions of this chapter may enforce either at law or in equity the lien and may compel by proper suit the performance of the duties of the officers of the board of directors of the issuing regional mobility authority set forth in this chapter.
(d)
(1)
In the event there is default in the payment of the principal or interest on any of the bonds, a court of competent jurisdiction may appoint a receiver to:
(A)
Administer the regional mobility authority's surface transportation system pledged to the payment of the bonds; or
(B)
Administer the specified portion of the regional mobility authority's surface transportation system pledged to the payment of the bonds.
(2)
The receiver shall perform the duties specified in subdivision (d)(1) of this section on behalf of the public body.
(3)
The receiver shall have the power to:
(A)
Charge and collect rates sufficient to provide for:
(i)
The payment of the bonds;
(ii)
The interest on the bonds; and
(iii)
The payment of any operating expenses of the surface transportation system pledged to the payment of the bonds or the portion of the surface transportation system pledged to the payment of the bonds; and
(B)
Apply the income and revenues of the surface transportation system pledged to the payment of the bonds or the portion of the surface transportation system pledged to the payment of the bonds in conformity with this chapter and the resolution or indenture providing for the issuance of the bonds.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-609 - Refunding bonds

(a)
(1)
Bonds may be issued for the purpose of refunding any obligations issued under this chapter or otherwise.
(2)
The refunding bonds may be combined with bonds issued under the provisions of §
27-70-314
[repealed] into a single issue.
(b)
(1)
When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations.
(2)
If sold, the proceeds may, either at maturity or upon any authorized redemption date, be either:
(A)
Applied to the payment of the obligations refunded; or
(B)
Deposited in escrow for the retirement thereof.
(c)
(1)
Bonds issued under this section shall in all respects be authorized, issued, and secured in the manner provided for other bonds issued under this chapter.
(2)
The resolution or indenture under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby.
Amended by Act 2013, No. 497,§ 11, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-610 - Interim bonds

(a)
Before issuing definitive bonds, a regional mobility authority may issue interim bonds with or without coupons exchangeable for definitive bonds.
(b)
The interim bonds may be authorized and issued in accordance with this chapter without regard to a requirement, restriction, or procedural provision in any other law.
(c)
(1)
A bond resolution authorizing interim bonds may provide that the interim bonds recite that the bonds are issued under this chapter.
(2)
The recital is conclusive evidence of the validity and the regularity of the interim bonds' issuance.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 6 - FINANCING AND BONDS (§§ 27-76-601 — 27-76-611) › Section 27-76-611 - Revolving fund

(a)
A regional mobility authority may maintain a revolving fund to be held in trust by a banking institution chosen by the regional mobility authority separate from any other funds and administered by the regional mobility authority's board of directors.
(b)
A regional mobility authority may transfer into its revolving fund money from any permissible source, including:
(1)
Funds from a transportation project if the transfer does not diminish the money available for the project to less than any amount required to be retained by the bond proceedings pertaining to the project;
(2)
Funds received by the regional mobility authority from any source and not otherwise committed, including money from the transfer of a transportation project or system as provided under §
27-76-408
or the sale of surplus assets of the regional mobility authority;
(3)
Funds received from the Arkansas Department of Transportation and the State Highway Commission; and
(4)
Contributions, loans, grants, or assistance from any governmental entity, private entity, or person.
(c)
The regional mobility authority may use money in the revolving fund to:
(1)
Finance the acquisition, construction, maintenance, or operation of a transportation project of a regional mobility authority including the extension, expansion, or improvement of a transportation project;
(2)
Provide matching money required in connection with any federal, state, local, or private aid, grant, or other funding, including aid or funding by or with public-private partnerships;
(3)
Provide credit enhancement either directly or indirectly for bonds issued to acquire, construct, extend, expand, or improve a transportation project or a transportation system;
(4)
Provide security for or payment of future or existing debt for the design, acquisition, construction, operation, maintenance, extension, expansion, or improvement of a transportation project or a transportation system;
(5)
Borrow money and issue promissory notes or other indebtedness payable out of the revolving fund for any purpose authorized by this chapter; and
(6)
Provide for any other reasonable purpose that assists in the financing of a regional mobility authority as authorized by this chapter.
(d)
(1)
Money spent or advanced from the revolving fund for a transportation project or a transportation system must be reimbursed from the money of that transportation project or transportation system.
(2)
At the time that the expenditure or advancement is authorized, a reasonable expectation of repayment must exist.
Amended by Act 2017, No. 707,§ 428, eff. 8/1/2017.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-701 - Setting tolling fees, fare, and other charges on toll facility project

(a)
A regional mobility authority shall set tolls, fees, fares, or other charges at rates or amounts so that the aggregate of tolls, fees, fares, or other charges from the transportation project, together with other revenue of the project:
(1)
Provides toll facility project revenue sufficient to pay:
(A)
The toll facility project costs;
(B)
The cost of maintaining, repairing, and operating the transportation project; and
(C)
The principal of and interest on any bonds issued for the toll facility project as those bonds become due and payable; and
(2)
Creates reserves for one (1) or more of the purposes stated under subdivision (a)(1) of this section.
(b)
A toll, fee, fare, or other charge imposed on an owner of a public utility facility shall be imposed in a manner that is competitively neutral and nondiscriminatory among similarly situated users of the toll facility project.
(c)
A toll, fee, fare, or other usage charge is not subject to supervision or regulation by any agency of this state or other governmental entity.
(d)
Notwithstanding any of the provisions of this subchapter, a regional mobility authority's power to charge tolls for use of a toll facility project shall be subject to approval by the voters within the boundaries of the regional mobility authority as follows:
(1)
Voter approval of the initial imposition of the tolls, including the initial toll rate by the regional mobility authority; and
(2)
If revenue bonds are to be issued by the regional mobility authority to fund all or a portion of the costs of the toll facility project, voter approval of the development of the toll facility project, including the initial toll rate and the issuance of the maximum principal amount of bonded indebtedness.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-702 - Controlled access to toll facility projects

(a)
A regional mobility authority may adopt a resolution that designates a toll road, a toll facility project, or a portion of a transportation project as a controlled-access toll road.
(b)
A regional mobility authority may adopt a resolution to:
(1)
Prohibit the use of or access to or from a toll road by a motor vehicle, bicycle, any other classification or type of vehicle, or a pedestrian;
(2)
Deny access to or from:
(A)
A toll road;
(B)
Real property adjacent to a toll road; or
(C)
A street, road, alley, highway, or other public or private way intersecting a toll road;
(3)
Designate locations on a toll road at which access to or from the toll road is permitted;
(4)
Control, restrict, and determine the type and extent of access permitted at a designated location of access to a toll road; or
(5)
Erect appropriate protective devices to preserve the utility, integrity, and use of a toll road.
(c)
A regional mobility authority may grant access to or from a toll facility.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-703 - Voter authorization of toll facility

The approval of the voters within the boundaries of the regional mobility authority is required to authorize the development of a toll facility, the initial toll rate, and the maximum amount of bonded indebtedness pledged thereto subject to the provisions of §
27-76-701(d)
.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-704 - Use of revenues - Revenue bonds

(a)
(1)
Except as provided under subdivision (a)(3) of this section, a regional mobility authority that has issued revenue bonds for a toll facility project or a transportation project and that is financed with dedicated revenue derived from tolls, fees, fares, or other funds shall set aside moneys into a sinking fund that is pledged to and charged with the payment of:
(A)
Interest on the bonds as it becomes due;
(B)
Principal of the bonds as it becomes due;
(C)
Necessary charges of paying agents for paying principal and interest;
(D)
The redemption price or the purchase price of bonds retired by call or purchase as provided in the bond proceedings; and
(E)
Any amounts due under credit agreements.
(2)
Moneys shall be set aside into a sinking fund at regular intervals and as provided in the bond resolution or trust agreement.
(3)
A regional mobility authority may retain the funds necessary to pay the cost of maintenance, repair, and operation and to provide reserves for those costs as provided in the bond proceedings.
(b)
The use and disposition of money deposited to the credit of the sinking fund is subject to the bond proceedings.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-705 - Surplus revenue

(a)
Each year, a regional mobility authority shall determine whether it has surplus revenue from tolls, fees, or fares collected from the operation of its transportation projects.
(b)
If a regional mobility authority determines that it has surplus revenue, then it may either:
(1)
Reduce the tolls, fees, or fares; or
(2)
Spend the surplus revenue on other transportation projects in the counties or municipalities within the jurisdictional boundaries of the regional mobility authority as provided under subsection (c) of this section.
(c)
Consistent with other laws and the rules and resolutions of the regional mobility authority, a regional mobility authority may spend surplus revenue on other transportation projects by:
(1)
Constructing a transportation project located within the county or counties of the authority;
(2)
Assisting in the financing of a toll or toll-free transportation project of another governmental entity; or
(3)
Constructing a toll or toll-free transportation project and, on completion of the project, transferring the project to another governmental entity if:
(A)
The other governmental entity authorizes the regional mobility authority to construct the project and agrees to assume all liability and responsibility for the maintenance and operation of the project on its transfer; and
(B)
The project is constructed in compliance with all laws applicable to the governmental entity.
Amended by Act 2013, No. 497,§ 12, eff. 8/16/2013.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-706 - Arkansas Department of Transportation contributions to toll road projects

(a)
(1)
A regional mobility authority and the Arkansas Department of Transportation and the State Highway Commission may agree to allow the department to contribute to the payment of costs of any of the following in regards to a toll road:
(A)
A financial study;
(B)
An engineering study;
(C)
A traffic feasibility study; or
(D)
The design, financing, acquisition, construction, operation, or maintenance of a toll road.
(2)
The agreement shall not be inconsistent with the rights of the bondholders or persons operating the toll road under a lease or other contract.
(b)
The department may use its engineering or other personnel, including consulting engineers or traffic engineers, to conduct feasibility studies under subsection (a) of this section.
(c)
(1)
An obligation or expense incurred by a regional mobility authority or the department under this section is a part of the cost of the toll road for which the obligation or expense was incurred.
(2)
A regional mobility authority may require money contributed under this section to be repaid from tolls or other revenue of the toll road on which the money was spent.
(3)
Money repaid as required by a regional mobility authority or the department shall be deposited to the credit of the fund from which the contribution was made.
(d)
A regional mobility authority or the department may use federal money for any purpose described by this chapter.
(e)
A toll road developed by a regional mobility authority shall not be part of the state highway system unless the regional mobility authority and the commission so agree.
(f)
(1)
The commission may grant or loan department money to a regional mobility authority for the acquisition of land for the construction, maintenance, or operation of a toll road.
(2)
The commission may require the authority to repay money provided under this section from toll revenue or other sources on terms established by the commission.
(g)
Money repaid as required by the commission shall be deposited to the credit of the fund from which the money was provided.
Amended by Act 2017, No. 707,§ 429, eff. 8/1/2017.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-707 - Use and return of transponders

A regional mobility authority may promulgate rules regarding the use and return of transponders.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-708 - Requirement that operator of vehicle pay toll

(a)
(1)
Except as provided under subdivisions (a)(2) and (3) of this section, the operator of a vehicle that is driven or towed through a toll collection facility of a toll road owned by a regional mobility authority shall pay the proper toll.
(2)
An authorized emergency vehicle is not required to pay a toll.
(3)
A regional mobility authority may waive the requirement of the payment of a toll or may authorize the payment of a reduced toll for any vehicle or class of vehicles.
(b)
(1)
A violation of this section is an administrative offense and a Class B misdemeanor.
(2)
The regional mobility authority or its designee shall attempt collection of the unpaid toll through the administrative procedures under §§
27-76-710
-
27-76-712
before pursuing prosecution under §
27-76-713
.
(3)
If the regional mobility authority or its designee is unable to collect an unpaid toll through administrative procedures, then the matter shall be transferred to the appropriate prosecuting attorney.
Amended by Act 2019, No. 394,§ 9, eff. 7/24/2019.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-709 - Presumption that registered owner was operator

Except as provided under §§
27-76-711
and
27-76-712
, there is a rebuttable presumption that the registered owner of the motor vehicle was the operator of the motor vehicle when the offense occurred.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-710 - General administrative procedure for collection of unpaid toll

(a)
(1)
The regional mobility authority or its designee may attempt to collect an unpaid toll under §
27-76-708
and an administrative fee to recover the cost of collecting the unpaid toll.
(2)
The administrative fee shall not exceed one hundred dollars ($100).
(3)
The registered owner shall pay a separate toll and administrative fee for each occurrence of nonpayment under this subsection.
(b)
(1)
Upon the occurrence of the offense of failure to pay a toll, the regional mobility authority or its designee shall issue to the registered owner of the motor vehicle a written notice of nonpayment of the toll.
(2)
The notice of nonpayment shall:
(A)
Include a statement of the amount of the toll charges and the amount of the administrative fee for which the registered owner of the motor vehicle is liable;
(B)
Be sent by first-class mail to the registered owner's address as shown in the motor vehicle registration records maintained by the Department of Finance and Administration;
(C)
Be sent not later than thirty (30) days after the date of the alleged failure to pay; and
(D)
State that payment is not required until thirty (30) days after the date that the notice was mailed.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-711 - Administrative procedure when registered owner is lessor

(a)
If the registered owner of the motor vehicle is the lessor of a vehicle and the lessor claims it is not liable for an unpaid toll under §
27-76-708
because the vehicle was under a rental contract on the date the offense of nonpayment occurred, then the procedures of this section apply.
(b)
(1)
Not later than thirty (30) days after the date that the notice of nonpayment was mailed to the registered owner, the lessor shall provide to the regional mobility authority or its designee a copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment under subsection (a) of this section.
(2)
The name and address of the lessee shall be clearly legible on the documents provided to the regional mobility authority or its designee.
(c)
(1)
If the lessor provides the required information within the prescribed period, the regional mobility authority or its designee shall send a notice of nonpayment to the lessee.
(2)
The notice of nonpayment shall:
(A)
Include a statement of the amount of the toll charges and the amount of administrative fee for which the lessee of the motor vehicle is liable;
(B)
Be sent by first-class mail to the lessee's address as shown on the rental, lease, or other contract document provided by the lessor;
(C)
Be sent not later than thirty (30) days after the date of receipt of the required information from the lessor; and
(D)
State that payment is not required until thirty (30) days after the date that the notice was mailed.
(d)
The lessee shall pay a separate toll and administrative fee for each event of nonpayment.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-712 - Administrative procedure when registered owner is transferor

(a)
If the registered owner of a motor vehicle that was mailed notice of nonpayment of a toll under this section transferred ownership of the vehicle to another person before the offense of an unpaid toll under §
27-76-708
occurred, then the procedures of this section apply.
(b)
(1)
Not later than thirty (30) days after the date that the notice of nonpayment was mailed to the transferor of the motor vehicle, the transferor shall submit to the regional mobility authority or its designee a bill of sale or supporting documentation for the transfer of ownership.
(2)
The name and address of the person in which the motor vehicle was transferred shall be clearly legible on the documents provided to the regional mobility authority or its designee.
(c)
(1)
If the transferor of the motor vehicle provides the required information within the prescribed period, the regional mobility authority or its designee shall send a notice of nonpayment to the transferee.
(2)
The notice of nonpayment shall:
(A)
Include a statement of the amount of the toll charges and the amount of administrative fee for which the transferee is liable;
(B)
Be sent by first-class mail to the transferee's address as shown in the bill of sale or supporting documentation;
(C)
Be sent not later than thirty (30) days after the date of receipt of the required information from the transferor; and
(D)
State that payment is not required until thirty (30) days after the date that the notice was mailed.
(d)
The transferee shall pay a separate toll and administrative fee for each event of nonpayment.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 5 - HIGHWAYS, ROADS, AND STREETS (§§ 27-64-101 — 27-76-713) › Chapter 76 - REGIONAL MOBILITY AUTHORITY ACT (§§ 27-76-101 — 27-76-713) › Subchapter 7 - TOLLING (§§ 27-76-701 — 27-76-713) › Section 27-76-713 - Prosecution of failure to pay tolls

(a)
In the prosecution of a violation of §
27-76-708
, the prosecuting attorney shall establish that:
(1)
The vehicle passed through a toll collection facility without payment of the proper toll; and
(2)
The defendant was either of the following when the failure to pay the toll occurred:
(A)
The registered owner of the motor vehicle; or
(B)
The operator of the motor vehicle.
(b)
The court may consider sworn testimony from any of the following:
(1)
A law enforcement officer;
(2)
A regional mobility authority employee;
(3)
An employee of the designee of the regional mobility authority; or
(4)
An employee of the Department of Finance and Administration.
(c)
The court may consider any other reasonable evidence, including without limitation:
(1)
Video surveillance; or
(2)
Evidence obtained by automated enforcement technology.
(d)
It is a defense to prosecution under this section that the motor vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1)
The occurrence of the failure to pay; or
(2)
Eight (8) hours after the discovery of the theft.
(e)
A person who pleads guilty or nolo contendere to or is found guilty of violating §
27-76-708
is guilty of a Class B misdemeanor.
(f)
The court in which a person is convicted of an offense under this section shall also collect the proper toll and administrative fee and forward the toll and fee to the regional mobility authority.
Acts 2007, No. 389, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 85 - GENERAL PROVISIONS (§ 27-85-101) › Section 27-85-101 - Conservation of bridges

It is directed that the administrators of the various public highway, road, and street systems shall make every effort to conserve the safe function of the bridges under their jurisdiction pursuant to the findings and recommendations of the bridge safety inspections by the bridge inspection teams of the Arkansas Department of Transportation in accord with the national bridge inspection standards published in the Federal Register.
Amended by Act 2017, No. 707,§ 430, eff. 8/1/2017.
Acts 1971, No. 249, § 1; A.S.A. 1947, § 41-3364.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-86-101 — 27-86-103) › Section 27-86-101 - Interstate toll bridges authorized

The State Highway Commission is authorized to maintain, in whole or in part, highway toll bridges across rivers or waters bordering the State of Arkansas as a part of the state highway system.
Acts 1939, No. 383, § 1; A.S.A. 1947, § 76-610.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-86-101 — 27-86-103) › Section 27-86-102 - Mail carrier toll exemption

All carriers of the United States mails over a designated route shall, if the route crosses a state-owned toll bridge, be exempt and relieved from the payment of toll for the privilege of using and crossing the bridge. This exemption shall apply only while the operator is engaged in the performance of his or her official duties as a mail carrier in the postal service of the United States Government.
Acts 1935, No. 68, § 1; Pope's Dig., § 6602; A.S.A. 1947, § 76-612.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-86-101 — 27-86-103) › Section 27-86-103 - Lights on toll bridges

(a)
Provisions are made for the regulation of the number of lights or bulbs and the monthly and annual expenditures for electric lights on all toll bridges in the State of Arkansas.
(b)
(1)
No toll bridge in the State of Arkansas shall have more than four (4) electric lights or bulbs, known as navigation lights, except as otherwise provided for by the United States Government.
(2)
Each bulb or light shall not be in excess of seventy-five watts (75 W).
(3)
One (1) bulb shall be placed in the center of each bridge at the open end of the toll bridge or bridges, just above or in the center of a sign or poster, which name shall appear and be read and be known as "TOLL BRIDGE", and the bulb shall fully display the sign or poster at night of its purpose.
(4)
The other end of the toll bridge where the toll house is located shall not have in excess of three (3) bulbs, one (1) in each driveway or on either side of the toll house, including one (1) inside the toll house or left to the discretion of the Chief Engineer of the Arkansas Department of Transportation.
(5)
Should more lights or bulbs exist than those mentioned in this section, their installation shall be invalid and any person or persons installing more lights shall be responsible for their expense.
Amended by Act 2017, No. 707,§ 431, eff. 8/1/2017.
Acts 1933, No. 20, §§ 1-3; Pope's Dig., §§ 6598 -- 6600; A.S.A. 1947, §§ 76-1609, 76-1610, 76-1610n.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-201 - Power to grant

(a)
The several county courts through whose counties run any watercourse, lake, bay, or swamp which may be too burdensome to bridge and keep in repair by the inhabitants thereof are fully empowered to grant privileges to persons to build toll bridges over or turnpikes or causeways along them, or through any overflowed or wetland, whenever the interest of the county or the traveling public shall in their discretion demand the improvement.
(b)
No privilege or franchise for the construction of a toll bridge over any navigable stream shall be effective until consent is obtained by the United States Government for the construction of the bridge.
Acts 1927, No. 135, § 1; Pope's Dig., § 2615; A.S.A. 1947, § 76-1601.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-202 - Control by county court

(a)
The county court shall have a general superintending control of bridges, turnpikes, and causeways mentioned in this subchapter and the rates or tolls to be charged.
(b)
The county court shall compel the bridges, turnpikes, and causeways to be kept in good repair at all times.
(c)
The county court is required to fix the rate of tolls for crossing any bridge, turnpike, or causeway which may be built under the provision of this subchapter, the rates to be based on a reasonable return on the amount invested, having regard for reasonable operating expenses and reasonable depreciation.
(d)
If, after granting the franchise or privilege and the rate of tolls fixed, it shall be made to appear that the rates fixed are inadequate to yield a fair return upon the investment or that the rates yield more than a fair return upon the investment, the county court shall have the right to revise the tolls as justice may require.
Acts 1927, No. 135, § 2; Pope's Dig., § 2616; A.S.A. 1947, § 76-1602.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-204 - Appeal

Any interested party or any citizen of the county or counties to be affected may appeal from any order of the county court or courts provided for herein at any time within thirty (30) days from the rendition of the judgment and not thereafter; in the event of an appeal, the case shall be tried de novo by the circuit court as other cases appealed from the county court.
Acts 1927, No. 135, § 4; Pope's Dig., § 2618; A.S.A. 1947, § 76-1604.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-205 - Franchise exclusive - Exception

(a)
After conferring the privileges of this subchapter upon any person, no county court shall again have power to confer the same or like privileges upon any other person to the injury of him or her upon whom the privileges were first conferred.
(b)
However, privileges or franchises shall not be exclusive and effective against any county, counties, or the state. All privileges or franchises granted hereunder shall be subject to the rights of the county, counties, or the state to condemn them and acquire the property and franchise by condemnation proceedings which shall be exercised under the right of eminent domain as the same is now exercised by railroad, telegraph, and telephone companies.
Acts 1927, No. 135, § 5; Pope's Dig., § 2619; A.S.A. 1947, § 76-1605.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-206 - State's condemnation authority

(a)
The State Highway Commission, with the approval of the Governor and Attorney General of the state, is vested with authority to sue in the name of the state for the condemnation of any bridge, turnpike, or causeway which in their judgment should be acquired by the state.
(b)
County judges are vested with authority to enter suit for condemnation on relation of the county or counties affected.
Acts 1927, No. 135, § 6; Pope's Dig., § 2620; A.S.A. 1947, § 76-1606.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-207 - Damages upon condemnation by state

(a)
In the event condemnation proceedings are instituted as herein provided by any county, counties, or the state, for the condemnation of property and franchise or privilege, the future value of any privilege or franchise or any prospective profits shall not be considered as an element of damage in the condemnation and purchase of the property.
(b)
The amount of compensation or damage shall not exceed the actual cost of the bridge, turnpike, or causeway, the site for it, necessary improvements, and the moneys expended on approaches leading to the bridge and a reasonable amount expended for promotion and financing, less actual depreciation.
Acts 1927, No. 135, § 7; Pope's Dig., § 2621; A.S.A. 1947, § 76-1607.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-208 - Privileges granted jointly by two counties - Appeals

(a)
Where the watercourse is on the boundary line between counties, the county courts of the counties may act jointly in granting the privileges and exercising the powers conferred by this subchapter.
(b)
Publication of notice shall be made in each county.
(c)
The circuit court first acquiring jurisdiction of an appeal from the order of either county court shall also have jurisdiction of all appeals from the order of the other county court, and appeals shall be at once transferred to the circuit court first acquiring jurisdiction.
Acts 1927, No. 135, § 8; Pope's Dig., § 2622; A.S.A. 1947, § 76-1608.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-209 - No franchise for toll bridge on state highway

No franchise shall be granted to any person, firm, or corporation to operate a toll bridge on any road in the state highway system.
Acts 1928 (1st Ex. Sess.), No. 7, § 1; Pope's Dig., § 6601; A.S.A. 1947, § 76-605.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-210 - State purchase of private toll bridges - Construction of free bridges

(a)
The State Highway Commission is authorized and empowered to purchase any or all of the privately owned toll bridges in the State of Arkansas at prices to be fixed by the commission in accordance with rules to be promulgated by the commission.
(b)
Where it is not possible to purchase any privately owned toll bridges, then the commission is authorized to construct bridges at places where there are now operated any privately owned toll bridges.
(c)
The purchase of each bridge shall include the right-of-way, franchise, and license, if any, and all right, title, and interest and claim of the owner in and to it together with all appurtenances thereunto belonging.
(d)
No money shall be paid over on the purchase of a toll bridge under authority of this section until there has been a conveyance by the owner to the State of Arkansas of the bridge proper together with approaches, right-of-way, license, franchise, and whatever other outstanding claim, right, title, or interest there may be in the bridge, to the end that the state may completely own and control the bridge and that the public may use it free of toll.
(e)
The state shall repair and maintain all bridges purchased by authority of this section in the same manner that it now or may hereafter repair and maintain bridges which are parts of the state highway system.
Amended by Act 2019, No. 315,§ 3175, eff. 7/24/2019.
Acts 1938 (1st Ex. Sess.), No. 15, §§ 2-5; 1939, No. 276, § 1; A.S.A. 1947, §§ 76-606 -- 76-609.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 2 - PRIVATE FRANCHISES (§§ 27-86-201 — 27-86-211) › Section 27-86-211 - Toll rates on privately owned bridges in state highway system

(a)
The State Highway Commission is empowered to fix and enforce the schedule or rate of tolls to be collected on any privately owned toll bridge located on any road embraced in the state highway system.
(b)
In fixing schedules or rates, regard shall be had to the interests of the owner and the public so that the owner shall be allowed to collect such rates as shall afford him or her a fair return on the value of his or her property, and the public shall not be required to pay more than is required to net such return.
(c)
As the state is spending millions of dollars in building roads, not only to serve its own citizens but to induce tourists to visit the state, and as a certain percent of tourists will buy land and become citizens, the state should protect the interests of the public against those who operate toll bridges that injure the state as a whole by charging tolls to pay interest and dividends on watered bonds and stock. One of the purposes of this section is to grant protection to the state and the public.
(d)
All suits involving the validity of this section or any portion thereof shall be deemed matters of public interest and shall be advanced and disposed of at the earliest possible moment. Appeals in these suits must be taken and perfected within thirty (30) days from the date of the judgment or decree.
Acts 1929, No. 71, §§ 4-6; Pope's Dig., §§ 6595-6597; A.S.A. 1947, §§ 76-602 -- 76-604.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 3 - TRANSPORTATION OF COTTON OVER TOLL BRIDGES (§§ 27-86-301 — 27-86-306) › Section 27-86-301 - Records

(a)
It shall be the duty of every person, firm, or corporation owning or operating any toll bridge within or partially within the State of Arkansas to make, maintain, and preserve a record of every bale of cotton or part of a bale of cotton, whether seed cotton or lint cotton, which shall cross the toll bridge.
(b)
The record shall contain the following data:
(1)
The date, together with the hour of the day, the cotton passed over the toll bridge;
(2)
The destination of the cotton as declared by the person transporting the cotton across the bridge;
(3)
The name of the persons transporting the cotton across the bridge together with the name and address of the persons for whom the cotton is being so transported;
(4)
A general description of the vehicle in which the cotton is being transported, that is, whether by motor vehicle or otherwise. If transported by motor vehicle, the record shall show the state license number and the city license number, if any, of the motor vehicle;
(5)
The approximate amount of cotton transported in terms of bales or parts of bales as nearly as can be determined without weighing;
(6)
The point of origin of the cotton; that is, if the cotton is in bales, the name and location of the gin where the cotton was ginned and, if seed cotton, the approximate location of the farm on which the cotton was produced. This information shall be supplied by the persons so transporting the cotton; and
(7)
The name and address of every person, firm, or corporation having any interest in the cotton either by ownership or lien so far as known to the person or persons transporting the cotton.
(c)
The records made and maintained pursuant to this subchapter shall be open to inspection by any person at all reasonable times at the place of business maintained by the owner or operator within the State of Arkansas.
Acts 1943, No. 275, §§ 1, 4; A.S.A. 1947, §§ 76-1611, 76-1614.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 3 - TRANSPORTATION OF COTTON OVER TOLL BRIDGES (§§ 27-86-301 — 27-86-306) › Section 27-86-302 - Application to state bridges

It is expressly declared that this subchapter shall apply to all toll bridges owned or operated by the State of Arkansas or any of its agencies.
Acts 1943, No. 275, § 2; A.S.A. 1947, § 76-1612.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 3 - TRANSPORTATION OF COTTON OVER TOLL BRIDGES (§§ 27-86-301 — 27-86-306) › Section 27-86-303 - Transporter's failure to furnish information - Penalty

Any person transporting cotton across a toll bridge as specified in this subchapter who shall willfully and knowingly fail or refuse to furnish the information set forth in §
27-86-301
to the owner or operator of the toll bridge or who shall willfully and knowingly furnish false information with respect thereto, shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for a period not less than thirty (30) days nor more than one (1) year or may be both fined and imprisoned as provided in this subchapter.
Acts 1943, No. 275, § 5; A.S.A. 1947, § 76-1615.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 86 - BRIDGES (§§ 27-86-101 — 27-86-306) › Subchapter 3 - TRANSPORTATION OF COTTON OVER TOLL BRIDGES (§§ 27-86-301 — 27-86-306) › Section 27-86-304 - Operator's failure to keep record - Penalty

(a)
Any owner or operator of any toll bridge, except the State of Arkansas, shall be punished as set forth in subsection (b) of this section if he or she shall knowingly and willfully:
(1)
Fail or refuse to procure the data set forth in §
27-86-301
;
(2)
Fail or refuse to keep and maintain this record; or
(3)
Fail to permit this record to be inspected by any interested party as herein provided.
(b)
Upon conviction, the owner or operator shall be fined in any amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned for a period not less than thirty (30) days nor more than one (1) year, or he or she may be both fined and imprisoned as provided herein.
Acts 1943, No. 275, § 6; A.S.A. 1947, § 76-1616.