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27-35-109. Liability for damage to highway or structure.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-35-109. Liability for damage to highway or structure.
(a) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any careless, negligent, or illegal operation, driving, or moving of that vehicle, object, or contrivance, or as a result of operation, driving, or moving of any vehicle, object, or contrivance of excessive width or weighing in excess of the maximum weight in this chapter, even though authorized by a special permit issued as provided in § 27-35-210.
(b) Any person driving any vehicle, object, or contrivance upon any highway shall be liable for all damages to structures spanning the highway, or a part of the highway, by reason of load heights in excess of that which the structure will permit, when the clearance height of the structure is posted, and in any event where the height of the vehicle and load is in excess of thirteen feet six inches (13' 6").
(c) Whenever the driver is not the owner of the vehicle, object, or contrivance, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage.
(d) Damage may be recovered in a civil action brought by the authorities in control of the highway or highway structure.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-35-109
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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Record provenance
Stable record: arkansas_code:legal_authorities:27-35-109
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 864f27fd55bcb006de9863af27a4f56026ec64c9a9b080f046917896ee366afe
Source location: content.xml paragraph 13930
Stored source content
27-35-109. Liability for damage to highway or structure.
(a) Any person driving any vehicle, object, or contrivance upon any highway or highway structure shall be liable for all damage which the highway or structure may sustain as a result of any careless, negligent, or illegal operation, driving, or moving of that vehicle, object, or contrivance, or as a result of operation, driving, or moving of any vehicle, object, or contrivance of excessive width or weighing in excess of the maximum weight in this chapter, even though authorized by a special permit issued as provided in § 27-35-210.
(b) Any person driving any vehicle, object, or contrivance upon any highway shall be liable for all damages to structures spanning the highway, or a part of the highway, by reason of load heights in excess of that which the structure will permit, when the clearance height of the structure is posted, and in any event where the height of the vehicle and load is in excess of thirteen feet six inches (13' 6").
(c) Whenever the driver is not the owner of the vehicle, object, or contrivance, but is operating, driving, or moving it with the express or implied permission of the owner, then the owner and driver shall be jointly and severally liable for any damage.
(d) Damage may be recovered in a civil action brought by the authorities in control of the highway or highway structure.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-35-210. Permits for special cargoes — Definition.
(a)(1)(A) The State Highway Commission, with respect to highways under its jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion and as provided in this section, upon receipt of application made in person, in writing, by telephone, or by any acceptable means of electronic communication, and upon good cause being shown therefor, issue a special permit in writing to applicants desiring to transport cargoes of such nature that the cargo cannot readily be taken apart, separated, dismembered, or otherwise reduced in size or weight.
(B) The permit shall authorize the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this subchapter or otherwise not in conformity with the provisions of this subchapter upon any highway under the jurisdiction of the agency granting the permit and for the maintenance of which the agency is responsible.
(C) No vehicle or combination of vehicles with a multi-unit or otherwise reducible overload may be issued a special permit as provided in this section.
(D) The commission may delegate to other state agencies the authority given in this section to issue special permits.
(2)(A) It is not necessary to obtain a permit for nor shall it be unlawful to move a vehicle or machinery in excess of the maximum width allowed under § 27-35-206 and that is used only for normal farm purposes that require the use of such vehicles or machinery as hay harvesting equipment, plows, tractors, bulldozers, or combines if:
(i) The vehicle or machinery is hauled on a vehicle licensed as a natural resources vehicle;
(ii) The vehicle or machinery is owned or leased
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-35-210
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 27-35-210. This identifies an authority to review, not proof of applicability.