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27-23-106. Employer responsibilities.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-106. Employer responsibilities.
(a) Each employer must require the applicant to provide the information specified in § 27-23-105(c).
(b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has a driver license suspended, revoked, or cancelled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle;
(2) In which the driver has more than one (1) driver license; or
(3) In which the employee, the motor carrier, the driver, or the vehicle operated by the employee or driver is subject to an out-of-service order.
(c)(1) Any employer who once violates the provisions of subdivision (b)(1) or subdivision (b)(2) of this section shall, upon conviction, be fined a sum of five hundred dollars ($500), and each day's violation and each driver's violation shall constitute a separate offense and shall be punished as such. Any employer who violates the provisions of subdivision (b)(1) or (2) of this section a second or subsequent time shall, upon conviction, be fined a sum of one thousand dollars ($1,000), and each day's violation and each driver's violation shall constitute a separate offense and shall be punished as such.
(2) An employer convicted of a violation of subdivision (b)(3) of this section is subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) but not more than twenty-five thousand dollars ($25,000).
(3) An employer who knowingly allows, requires, permits, or authorizes a driver to operate a commercial motor vehicle in violation of federal, state, or local law or regulation pertaining to one (1) or more of the offenses listed in § 27-2
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-106
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.
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Stable record: arkansas_code:legal_authorities:27-23-106
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9363a4dfdf937b2de2a522ffb094e237d495bb29283137ce869f0cbb2ad74b67
Source location: content.xml paragraph 10273
Stored source content
27-23-106. Employer responsibilities.
(a) Each employer must require the applicant to provide the information specified in § 27-23-105(c).
(b) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
(1) In which the driver has a driver license suspended, revoked, or cancelled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle;
(2) In which the driver has more than one (1) driver license; or
(3) In which the employee, the motor carrier, the driver, or the vehicle operated by the employee or driver is subject to an out-of-service order.
(c)(1) Any employer who once violates the provisions of subdivision (b)(1) or subdivision (b)(2) of this section shall, upon conviction, be fined a sum of five hundred dollars ($500), and each day's violation and each driver's violation shall constitute a separate offense and shall be punished as such. Any employer who violates the provisions of subdivision (b)(1) or (2) of this section a second or subsequent time shall, upon conviction, be fined a sum of one thousand dollars ($1,000), and each day's violation and each driver's violation shall constitute a separate offense and shall be punished as such.
(2) An employer convicted of a violation of subdivision (b)(3) of this section is subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) but not more than twenty-five thousand dollars ($25,000).
(3) An employer who knowingly allows, requires, permits, or authorizes a driver to operate a commercial motor vehicle in violation of federal, state, or local law or regulation pertaining to one (1) or more of the offenses listed in § 27-23-112(d) at a railroad-highway grade crossing is subject to a civil penalty of not less than two thousand seven hundred fifty dollars ($2,750) but not more than ten thousand dollars ($10,000).
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-105. Notification required by driver.
(a) Notification of Convictions.
(1) Any driver of a commercial motor vehicle holding a driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state, other than parking violations, shall notify the Office of Driver Services in the manner specified by the office within thirty (30) days of the date of conviction.
(2) Any driver of a commercial motor vehicle holding a driver license issued by this state, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than parking violations, must notify his or her employer in writing of the conviction within thirty (30) days of the date of conviction.
(b) Notification of Suspensions, Revocations, and Cancellations. Each driver whose driver license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, must notify his or her employer of the fact before the end of the business day following the day the driver received notice of that fact.
(c) Notification of Previous Employment.
(1) Each person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
(A) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(B) The dates between which the applicant drove for each employer; and
(C) The reason for leaving tha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-105
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 27-23-105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-23-112. Disqualification and cancellation.
(a)(1) A driver, holder of a commercial driver license, or a holder of a commercial learner's permit who is disqualified shall not drive a commercial motor vehicle.
(2) An employer shall not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle.
(3) A driver is subject to disqualification sanctions designated in this section if the holder of a commercial driver license or the holder of a commercial learner's permit drives a commercial motor vehicle or noncommercial motor vehicle and is convicted of violations.
(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this section, each conviction for any offense listed in this section resulting from a separate incident, whether committed in a commercial motor vehicle or noncommercial motor vehicle, shall be counted.
(5)(A) The Office of Driver Services may reinstate any driver disqualified for life for offenses described in subdivisions (b)(1)-(7) of this section after ten (10) years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the Department of Health.
(B) Any person who has been reinstated in accordance with subdivision (a)(5)(A) of this section and who is subsequently convicted of a disqualifying offense described in subdivisions (b)(1)-(7) of this section shall not be reinstated.
(6) Notwithstanding any other provision of law, an Arkansas court shall not grant a restricted driving permit to operate a commercial motor vehicle.
(7) A disqualification period imposed by this section or by 49 C.F.R. § 383.51, as in effect on January 1, 2013, is in additi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-23-112
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 27-23-112. This identifies an authority to review, not proof of applicability.