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27-51-310. Passing authorized vehicle stopped on highway — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-51-310. Passing authorized vehicle stopped on highway — Definition.
(a) As used in this section, “authorized vehicle” means a vehicle that:
(1) Displays a flashing, revolving, or rotating blue, red, amber, amber and red, white, or green light; and
(2) Is one (1) of the following:
(A) An emergency response vehicle;
(B) A law enforcement vehicle;
(C) An Arkansas Department of Transportation vehicle;
(D) An Arkansas Department of Transportation contractor vehicle;
(E) A utility company vehicle; or
(F) A vehicle used in a towing operation as defined under § 27-51-904.
(b)(1) Except as provided under subdivision (b)(2) of this section, the driver of a motor vehicle that is approaching an authorized vehicle that is stopped or parked on a street, road, or highway or on the shoulder of a street, road, or highway shall:
(A) Move to the farthest possible lane or position from the authorized vehicle;
(B) Remain in that lane or position until the driver passes the authorized vehicle; and
(C) Otherwise exercise due caution.
(2) If the driver determines that it is unsafe or not possible to change lanes as required under subdivision (b)(1) of this section, the driver shall:
(A) Reduce the motor vehicle's speed;
(B) Exercise due caution; and
(C) Maintain a reduced speed appropriate to the street, road, or highway and the conditions through the area where the authorized vehicle is stopped or parked.
(c)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned.
(2) In addition to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-51-310
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:27-51-310
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c29d87d1c18757d66d34a598f8d7c15055e7bb5fc03e4429b134ae7a7cc5d4a2
Source location: content.xml paragraph 18332
Stored source content
27-51-310. Passing authorized vehicle stopped on highway — Definition.
(a) As used in this section, “authorized vehicle” means a vehicle that:
(1) Displays a flashing, revolving, or rotating blue, red, amber, amber and red, white, or green light; and
(2) Is one (1) of the following:
(A) An emergency response vehicle;
(B) A law enforcement vehicle;
(C) An Arkansas Department of Transportation vehicle;
(D) An Arkansas Department of Transportation contractor vehicle;
(E) A utility company vehicle; or
(F) A vehicle used in a towing operation as defined under § 27-51-904.
(b)(1) Except as provided under subdivision (b)(2) of this section, the driver of a motor vehicle that is approaching an authorized vehicle that is stopped or parked on a street, road, or highway or on the shoulder of a street, road, or highway shall:
(A) Move to the farthest possible lane or position from the authorized vehicle;
(B) Remain in that lane or position until the driver passes the authorized vehicle; and
(C) Otherwise exercise due caution.
(2) If the driver determines that it is unsafe or not possible to change lanes as required under subdivision (b)(1) of this section, the driver shall:
(A) Reduce the motor vehicle's speed;
(B) Exercise due caution; and
(C) Maintain a reduced speed appropriate to the street, road, or highway and the conditions through the area where the authorized vehicle is stopped or parked.
(c)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned.
(2) In addition to the penalties prescribed in subdivision (c)(1) of this section, the court may order community service for not more than seven (7) days and may suspend the person's driver's license for a period of not less than ninety (90) days nor more than six (6) months.
(d) There is created a rebuttable presumption that shall arise in any criminal action under this section to the effect that if it can be proven that a person is the registered owner of a vehicle that is driven in a manner that violates this section, the person is presumed to have been the driver of the vehicle at the time of the violation.
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
27-51-904. Towing operations.
(a) As used in this section, “towing operation” means an activity on the highway or roadway that involves one (1) or more tow trucks at an accident scene or involves an inoperable vehicle.
(b) The driver of a motor vehicle that is approaching a towing operation on a highway or roadway shall:
(1) Move when possible into the farthest lane or position from the towing operation;
(2) Remain in that lane or position until the driver passes the towing operation; and
(3) Otherwise exercise due caution.
(c) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-51-904
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 27-51-904. This identifies an authority to review, not proof of applicability.