Browse Arkansas Code titles and sections
17-49-203. Procedure for exemption.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-49-203. Procedure for exemption.
(a) No person shall be exempt from the requirements of this subchapter by reason of the provisions of § 17-49-202(4)(B) unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or township officer sworn to preserve the peace, sign and swear to under oath before some person authorized by the laws of this state to administer oaths and deliver to the officer a statement in writing clearly showing that the person claiming the exemption is entitled to one (1) or more of the exemptions provided in this section.
(b) The Department of Finance and Administration or its authorized agents, or any highway patrol officer, sheriff, or other peace officer, for the purpose of the enforcement of this subchapter, may administer oaths and take acknowledgments of the oaths.
(c) If the person claiming the exemption is not a natural person, the statement shall be signed and sworn to by some natural person authorized to act for it or the driver of the motor vehicle carrying the property. The statement shall not be sufficient unless it shall contain, in addition to any other necessary facts, the following of such facts as are material to the particular exemption claimed:
(1) The name of the person claiming the exemption and name of the person signing the statement;
(2) The business and residence addresses of both;
(3) Where and when the products described in § 17-49-202(4)(B)(ii) were produced or fed, the place where they are to be delivered if known, and the acreage operated by the person claiming the exemption;
(4) The location of the established place of business, how long there established, and whether the premises where located are owned or leased
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-49-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:17-49-203
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f6b88be43da963b2c6a4ee281b80020fd11a76e6b28d837322a45fb9cd4787e3
Source location: content.xml paragraph 17360
Stored source content
17-49-203. Procedure for exemption.
(a) No person shall be exempt from the requirements of this subchapter by reason of the provisions of § 17-49-202(4)(B) unless he or she or the driver of the motor vehicle upon which his or her property is being transported shall, upon the request of any state, county, or township officer sworn to preserve the peace, sign and swear to under oath before some person authorized by the laws of this state to administer oaths and deliver to the officer a statement in writing clearly showing that the person claiming the exemption is entitled to one (1) or more of the exemptions provided in this section.
(b) The Department of Finance and Administration or its authorized agents, or any highway patrol officer, sheriff, or other peace officer, for the purpose of the enforcement of this subchapter, may administer oaths and take acknowledgments of the oaths.
(c) If the person claiming the exemption is not a natural person, the statement shall be signed and sworn to by some natural person authorized to act for it or the driver of the motor vehicle carrying the property. The statement shall not be sufficient unless it shall contain, in addition to any other necessary facts, the following of such facts as are material to the particular exemption claimed:
(1) The name of the person claiming the exemption and name of the person signing the statement;
(2) The business and residence addresses of both;
(3) Where and when the products described in § 17-49-202(4)(B)(ii) were produced or fed, the place where they are to be delivered if known, and the acreage operated by the person claiming the exemption;
(4) The location of the established place of business, how long there established, and whether the premises where located are owned or leased by the person claiming the exemption; and
(5) The kind of business there conducted.
(d) The officer receiving the statement shall promptly forward it to the department where it shall be filed and shall be a public record.
(e) Any person knowingly making any false, material statement in the statement shall be guilty of perjury and shall upon conviction be punished as provided by law.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-49-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1)(A) “Established place of business” means any permanent warehouse, building, or structure:
(i) At which a permanent business is carried on in good faith, and not for the purpose of evading this subchapter, during usual business hours throughout the year or usual production season;
(ii) At which stocks of the property being transported are produced, stored, or kept in quantities reasonably adequate for, and usually carried for, the requirements of such a business; and
(iii) Which is recognized, and licensed or taxed, as a permanent business at that place.
(B) “Established place of business” shall not mean residences or premises or buildings appurtenant thereto, tents, temporary stands, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangements;
(2) “Highway” means any thoroughfare defined by any statute or ordinance as a public highway or street;
(3) “Highway patrol” means the Division of Arkansas State Police or any other duly authorized officers authorized to patrol the highways of the state, counties, or cities;
(4)(A) “Itinerant merchant” means, except as otherwise provided in subdivision (4)(B) of this section, any person who sells or offers to sell in this state, at wholesale or retail, any personal property and transports it on any highway in this state by use of a motor vehicle.
(B) “Itinerant merchant” shall not mean or include the following:
(i) A person who does not at any time transport in a motor vehicle a net load exceeding two thousand pounds (2,000 lbs.);
(ii) A person using a motor vehicle owned by him or her, whether operated by him or her or his or her agent, for the transportation of milk, dairy
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-49-202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-49-202. This identifies an authority to review, not proof of applicability.