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Arkansas Statutes, Title 27

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Arkansas/Statutes

← All Arkansas coverage

Title 27, Transportation

56 chapters · 1,745 sections in this title.

All chapters in Title 271,745 Ch 14, Motor Vehicle Administration, Certif…201 Ch 24, Special License Plate Act of 2005145 Ch 51, Operation Of Vehicles — Rules Of The…133 Ch 16, Driver's Licenses Generally96 Ch 101, Watercraft96 Ch 50, Penalties and Enforcement81 Ch 19, Motor Vehicle Safety Responsibility Act80 Ch 15, Registration and Licensing — Special…64 Ch 64, General Provisions60 Ch 67, State Highway System58 Ch 76, Regional Mobility Authority Act54 Ch 72, Highway Revenues for Local Aid45 Ch 23, Commercial Driver License41 Ch 65, Arkansas Department of Transportatio…41

41 sections·Filtered byTitle 27✕Ch 23✕

Ark. Code Ann. § 27-23-101 Short title
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This subchapter may be cited as the “Arkansas Uniform Commercial Driver License Act”.
Ark. Code Ann. § 27-23-102 Statement of intent and purpose
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(a) The purpose of this subchapter is to implement the Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99-570, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:(1) Permitting commercial drivers to hold only one (1) license;(2…
Ark. Code Ann. § 27-23-103 Definitions
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(1) As used in this subchapter:(1) “Alcohol” or “alcoholic beverage” means:(A) Ethyl alcohol, or ethanol; (B) Beer which is defined as beer, ale, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of on…
Ark. Code Ann. § 27-23-104 Limitation on number of driver licenses
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No person who drives a commercial motor vehicle may have more than one (1) driver license.

Ark. Code Ann. § 27-23-105 Notification required by driver

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(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…

Ark. Code Ann. § 27-23-106 Employer responsibilities

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(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, re…

Ark. Code Ann. § 27-23-107 Commercial driver license required

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(a) (1) A person shall not operate a commercial motor vehicle unless the person has taken and passed written and driving tests for a commercial learner's permit or a commercial driver license that meet the federal vehicle groups and endorsements, required knowledge and skills, an…

Ark. Code Ann. § 27-23-108 Commercial driver license qualification standards — Definitions

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(a) Testing. (1) (A) To the extent permitted by federal law and regulation, a person may be issued a commercial driver license only if that person has:(i) Passed a knowledge and skills test for driving a commercial motor vehicle that: (a) Complies with minimum federal standards e…

Ark. Code Ann. § 27-23-110 Application for commercial driver license

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(a) (1) The application for a commercial driver license or commercial learner's permit shall include the following:(A) The full name and current residential address of the applicant;(B) A physical description of the applicant, including the applicant's sex, height, weight, eye co…

Ark. Code Ann. § 27-23-111 Content of Commercial Driver License — Classifications — Expiration and renewal

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(a) Content of License. The commercial driver license must be marked “Commercial Driver License” or “CDL”, and must be, to the maximum extent practicable, tamperproof. It must include, but not be limited to, the following information:(1) The name and residential address of the pe…

Ark. Code Ann. § 27-23-112 Disqualification and cancellation

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(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 co…

Ark. Code Ann. § 27-23-113 Commercial drivers prohibited from operating with any alcohol in system

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(a) No person shall:(1) Consume an intoxicating beverage, regardless of its alcoholic content, or be under the influence of an intoxicating beverage, within four (4) hours before going on duty or operating, or having physical control of, a commercial motor vehicle; (2) Consume an…

Ark. Code Ann. § 27-23-114 Commercial motor vehicle driving offenses and penalties — Definitions

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(a) (1) It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term “intoxicated” means influenced or affected by the ingestion of alcohol, a controlled substance, any …

Ark. Code Ann. § 27-23-115 Implied consent requirements for commercial motor vehicle drivers

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(a) A person who drives a commercial motor vehicle within this state shall be deemed to have given consent to take a test or tests of that person's breath, saliva, or urine for the purpose of determining that person's blood alcohol concentration or the presence of other drugs. (b…

Ark. Code Ann. § 27-23-116 Notification of traffic convictions

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Within ten (10) days after receiving a report of the conviction of any nonresident holder of a driver license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the O…

Ark. Code Ann. § 27-23-117 Driving record information to be furnished

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(1) Notwithstanding any other provision of law to the contrary, the Office of Driver Services must furnish full information regarding the driving record of any person:(1) To the driver license administrator of any other state, or province or territory of Canada, requesting that i…

Ark. Code Ann. § 27-23-118 Distribution of fees

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(a) The fee set out in § 27-23-110(a) shall be deposited as special revenues into the State Treasury and distributed as follows:(1) Twenty-five dollars ($25.00) shall be deposited to the credit of the Revenue Division of the Department of Finance and Administration into the Comme…

Ark. Code Ann. § 27-23-119 Exemption regulations

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In the event that it shall be determined by federal regulation that certain classes of drivers shall be exempt from the application of the Commercial Motor Vehicle Safety Act of 1986, Pub. L. No. 99-570, Title XII, the State Highway Commission shall have the authority to and shal…

Ark. Code Ann. § 27-23-120 Rulemaking authority

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The Office of Driver Services and the Division of Arkansas State Police shall have the authority to adopt rules after consulting with, and with the concurrence of, the State Highway Commission and the Arkansas Highway Police Division of the Arkansas Department of Transportation, …

Ark. Code Ann. § 27-23-121 Authority to enter agreement

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The Office of Driver Services and the Division of Arkansas State Police shall have the authority to enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this subchapter.

Ark. Code Ann. § 27-23-122 Enforcement

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The enforcement personnel of the State Highway Commission, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and any certified law enforcement officer shall have the authority to enforce the provisions of this subchapter.

Ark. Code Ann. § 27-23-123 Reciprocity

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(1) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person:(1) Has:(A) A commercial driver license or commercial learner's permit issued by a state, territory, or possession of the United States, the District of Columbia, or the Commo…

Ark. Code Ann. § 27-23-124 Commercial Driver License Fund

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(a) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, a fund to be known as the “Commercial Driver License Fund” of the Revenue Division of the Department of Finance and Administration. The Commerc…

Ark. Code Ann. § 27-23-125 Suspension of commercial driver license for delinquent child support

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All types of commercial driver licenses shall be subject to suspension for nonpayment of child support under § 9-14-239.

Ark. Code Ann. § 27-23-126 Notification of out-of-service order

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The law enforcement officer issuing an out-of-service order to a commercial motor vehicle driver pursuant to § 27-23-113 or compatible law shall within thirty (30) days report the issuance to the Office of Driver Services.

Ark. Code Ann. § 27-23-127 Disqualification of noncommercial driver license holder

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(a) The provisions of §§ 27-23-112 — 27-23-114 shall apply equally to drivers of a commercial motor vehicle who have not been issued a commercial driver license. Any person convicted of any of the listed offenses shall be prohibited from obtaining a commercial driver license duri…

Ark. Code Ann. § 27-23-128 Deferment of sentence — Restrictions

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A circuit court judge or district court judge may not utilize § 5-4-321, § 16-90-115, §§ 16-93-301 — 16-93-303, or § 16-93-314 or any other program to defer imposition of sentence or enter the person into a diversion program in instances in which the person holds a commercial dri…

Ark. Code Ann. § 27-23-129 Medical certification required — Downgrade of license for noncompliance — Denial or disqualification of license for fraud

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(a) (1) An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical …

Ark. Code Ann. § 27-23-130 Prohibition against texting — Definition

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(a) (1) For purposes of this section, “driving” means operating a commercial motor vehicle with the motor running, including while temporarily stationary because of traffic, a traffic control device, or another momentary delay.(2) For purposes of this section, “driving” does not …

Ark. Code Ann. § 27-23-131 Prohibition against use of hand-held mobile telephone while driving commercial motor vehicle — Definition

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(a) (1) For purposes of this section, “driving” means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.(2) For purposes of this section, “driving” does not include ope…

Ark. Code Ann. § 27-23-201 Title

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This subchapter is known and may be cited as the “Commercial Driver Alcohol and Drug Testing Act”.

Ark. Code Ann. § 27-23-202 Definitions

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(a) As used in this subchapter:(1) “Commercial Driver's License Drug and Alcohol Clearinghouse” means the Federal Motor Carrier Safety Administration's database that:(A) Contains information required to be reported by employers and service agents regarding drivers who are subject…

Ark. Code Ann. § 27-23-203 Applicability — Exemptions

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(a) This subchapter applies to:(1) An Arkansas employer who is required to comply with the drug and alcohol testing provisions under the Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350-399, as in effect on November 8, 2021;(2) An employee who holds an Arkansas comme…

Ark. Code Ann. § 27-23-204 Testing

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An Arkansas employer shall test an employee for alcohol and drugs if this subchapter applies to both the Arkansas employer and employee under § 27-23-203(a)(1) and (2).

Ark. Code Ann. § 27-23-206 Commercial Driver's License Drug and Alcohol Clearinghouse — Maintenance of information — Confidentiality

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(a) (1) Upon receipt of an application to issue, renew, transfer, or upgrade a commercial driver license or commercial learner permit, the Office of Driver Services shall request the driver's record from the Commercial Driver's License Drug and Alcohol Clearinghouse.(2) If the qu…

Ark. Code Ann. § 27-23-210 Miscellaneous authority — Rules

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(a) The Office of Driver Services shall pursue grants available through the United States Department of Transportation or other entity to assist with the cost of compliance with the Commercial Driver's License Drug and Alcohol Clearinghouse. (b) The Office of Driver Services may:…

Ark. Code Ann. § 27-23-211 Immunity from civil liability

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The state or any entity required to perform duties under this subchapter shall be immune from civil liability for performing the duties required under this subchapter.

Ark. Code Ann. § 27-23-301 Definitions

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(1) As used in this subchapter:(1) “Employment Authorization Document” means a federal Form I-766 United States Citizenship and Immigration Services-issued Employment Authorization Document, known popularly as a “work permit”; and(2) “Public record” includes:(A) All official book…

Ark. Code Ann. § 27-23-302 Presenting a false foreign commercial driver license

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(a) A person commits the offense of presenting a false foreign commercial driver license if he or she knowingly:(1) Makes, presents, or uses a public record with knowledge of the falsity of the public record and with the intent that the public record be taken as a genuine public …

Ark. Code Ann. § 27-23-303 Operating a commercial vehicle without proper documentation

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(a) A person commits the offense of operating a commercial motor vehicle without proper documentation if he or she knowingly:(1) Holds a valid commercial driver license issued by a foreign government; and(2) Does not have an Employment Authorization Document or a valid work visa …

Ark. Code Ann. § 27-23-304 Operating a commercial motor vehicle without sufficient English language proficiency

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(a) An operator of a commercial motor vehicle shall be able to read and speak the English language sufficiently to:(1) Converse with the general public;(2) Understand highway traffic signs and signals in the English language;(3) Respond to official inquiries; and(4) Make entries …