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ARKANSAS

 This chapter summarizes Arkansas State statutes related to speed.
General Reference:Arkansas Code Annotated
Basis for a Speed Law Violation: 
Basic Speed Rule: No person shall drive a vehicle at speed that is greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards than existing. 27-51-201(a)(1)
Statutory Speed Limit:
See other below.
Controlled-Access Highways-The maximum speed is determined via engineering and traffic studies.(1) 27-51-201(b)(1)
30 MPH(2) in urban districts 27-51-201(c)(1)
50 MPH(2) for trucks with a capacity 1 tons in other locations (except controlled access highways) 27-51-201(c)(2)
60 MPH(2) for other vehicles in other locations (except controlled access highways) 27-51-201(c)(3)
Posted (Maximum) Speed Limit: I. Based upon engineering and traffic studies, the State Highway Commission may alter the above statutory speed limits on the State highway system. 27-51-204
II. Based on engineering and traffic investigations, local governments may increase the speed limits on highways within their jurisdiction. However, no speed limit can be >45 MPH. 27-51-206(b)
III. Based on an investigation, the State Highway Commission may establish safe maximum speed limits for bridges or other elevated structures. 27-51-209(a) & (b)
Minimum Speed Limit: I. No person shall drive a motor vehicle at a such a slow speed as to impede the normal and reasonable movement of traffic 27-51-208(b)
II. A person shall not operate a motor vehicle continuously in the left lane of a multi-lane roadway whenever it impedes the flow of other traffic. 27-51-301(b)
Posted (Minimum) Speed Limit:Based upon engineering and traffic studies, a minimum speed limit for any highway may be established. 27-51-208(b)
Other: I. 30 MPH is the maximum speed for a vehicle which is either over width, over length or over height and has a gross weight 64,000 lbs. 27-51-201(c)(4)
II. 45 MPH is the maximum speed while towing a house trailer 27-51-210
III. 10 MPH is the maximum speed while operating a vehicle equipped with solid rubber or cushion tires 27-51-211
IV. 25 MPH is the maximum speed when passing a school or while in a school zone during school hours when students are in the school 27-51-212
Adjudication of Speed Law Violations: 
Civil/Criminal Adjudication of Violation:A Violation of the Speed Laws is a Misdemeanor Offense. 27-50-304, 27-50-305 & 27-51-214
Other:  
Sanctions Following an Adjudication of a Speed Law Violation: 
Criminal Sanctions: Note: Except as Noted for Speeding in School Zones, the Following Sanctions Apply to all Speed Law Violations.
Imprisonment: 
Term (Day, Month, Years, Etc.): 1st offense-Not more than 10 days 2nd offense (within 1 year)-Not more than 20 days 3rd or subsequent offense (within 1 year)-Not more than 6 months 27-50-304 & 27-50-305
Speeding in School Zone-1st offense-1 to 10 days 2nd offense (within 1 year)-5 to 25 days 3rd or subsequent offense (within 1 year)-25 days to 6 months 27-51-214
Mandatory Minimum Term:
Speeding in School Zone(3)-1st offense-1 day 2nd offense (within 1 year)-5 days 3rd or subsequent offense (within 1 year)-25 days 27-51-214
Fine: 
Amount ($ Range): 1st offense-Not more than $100 2nd offense (within 1 year)-Not more than $200 3rd or subsequent offense (within 1 year)-Not more than $500 27-50-304 & 27-50-305
Speeding in School Zone-1st offense-$25 to $100 2nd offense (within 1 year)-$50 to $250 3rd or subsequent offense (within 1 year)-$250 to $1,000 27-51-214
Mandatory Min. Fine ($): Speeding in School Zone(3)-1st offense-$25 2nd offense (within 1 year)-$50 3rd or subsequent offense (within 1 year)-$250 27-51-214
Other Penalties:
Traffic School:

 

Attendance at driver's training school may be required. 27-50-306(3)
Other: Highway Work Zone. An additional fine, which is equal to all of the other fines, is imposed for exceeding the posted speed limit in a highway work zone when construction personnel are present. I.e., the fine is double the amount that would otherwise be imposed. 27-50-408(b)(1)(A)
Licensing Action:  
Type of Licensing Action (Susp/Rev): Suspension via the Courts(4) 27-50-306(1) Suspension or Revocation via a Point System(5)
Licensing Action:  
Type of Licensing Action (Susp/Rev):Speeding in School Zone-2nd offense (within 1 year)-Suspension 3rd offense (within 1 year)-Suspension 27-51-214(2)(B) & (3)(B)
Term of License Withdrawal   (Days, Months, Years, etc.): Not more than 1 year(6) 27-50-306(1)
Speeding in School Zone-2nd offense (within 1 year)-6 months 3rd offense (within 1 year)-1 year 27-51-214(2)(B) & (3)(B)
Mandatory Minimum Term of Withdrawal: Speeding in School Zone-2nd offense (within 1 year)-6 months 3rd offense (within 1 year)-1 year 27-51-214(2)(B) & (3)(B)
Miscellaneous Sanctions   Not Included Elsewhere: None
Other Criminal Actions Related to Speeding:
Racing on Highway: Class A Misdemeanor 27-50-302(1) & 27-50-309
Sanctions: 
Criminal Sanction: 
Imprisonment (Term): Not more than 1 year 5-4-401(b)(1)
Mandatory Minimum Term: None
Fine ($ Range): Not more than $1,000 5-4-201(b)(1)
Mandatory Minimum Fine: None
Administrative Licensing Action: 
Licensing Authorized and Type of Action: Suspension via the Courts(4) 27-50-306(1) Suspension or Revocation via the Point System(5)
Length of Term of Licensing Withdrawal: Not more than 1 year(4) 27-50-306(1)
Mandatory Action--Minimum Length of License Withdrawal: None(5)
Other: I. 2nd offense (within 6 months)-An offender may be fined an amount not exceeding double that for a 1st offense and is subject a license revocation for not more than 60 days. 3rd or subsequent offense (within 6 months)-An offender may be fined an amount not exceeding double that for a 1st offense and is subject a license revocation for not more than 6 months. 27-51-102(b)(1) & (2) Important. See the "notes" in the annotated version of the Arkansas Statutes for the application of 27-51-102.
II. A person may be required to attend a driver's training school. 27-50-306(3)
Reckless Driving: Class B Misdemeanor 27-50-302(2) & 27-50-308
Sanction:  
Criminal: 
Imprisonment (Term): I. Non-Injury Related Offense: 1st offense-5 to 90 days 27-50-308(b)(1)(B) 2nd or subsequent offense (within 3 years)-30 days to 6 months 27-50-308(b)(2)(A)
II. Injury Related Offense-1st offense-30 to 90 days 27-50-308(b)(1)(A) 2nd or subsequent offense(7) (within 3 years)-60 days to 1 year 27-50-308(b)(2)(B)
Mandatory Minimum Term of Imprisonment: None
Fine ($ Range):I. Non-Injury Related Offense: 1st offense-$25 to $500 27-50-308(b)(1)(B) 2nd or subsequent offense (within 3 years)-$500 to $1,000 27-50-308(b)(2)(A)
II. Injury Related Offense-1st offense-$100 to $1,000 27-50-308(b)(1)(A) 2nd or subsequent offense(7) (within 3 years)-$500 to $1,000 27-50-308(b)(2)(B)
Mandatory Minimum Fine: None
Administrative Licensing Actions: 
Type of Licensing Action (Susp/Rev): Suspension via the Courts(4) 27-50-306(1) or Suspension or Revocation via the Point System(5)&(7)

For 3 convictions within 12 months-Revocation 27-16-905(5)

  
Length of Term of License Withdrawal Action:Suspension for not more than 1 year(4) 27-50-306(1)

Revocation for 1 year4 27-16-912

Mandatory Term of License Withdrawal Action:For 3 convictions within 12 months-1 Year Revocation 27-16-905(5) & 27-16-912
Other: A person may be required to attend a driver's training school. 27-50-306(3)
Careless and Prohibited Driving:Violation 5-1-108, 27-50-301 & 27-51-104(a)
Sanction:  
Criminal: 
Imprisonment (Term): None
Mandatory Minimum Term of Imprisonment:  
Fine ($ Range): Not more than $100 27-51-104
Mandatory Minimum Fine: None
Administrative Licensing Actions: 
Type of Licensing Action (Susp/Rev):Suspension via the Courts(4) 27-50-306(1) Suspension or Revocation via the Point System(5)
Length of Term of License Withdrawal Action: Not more than 1 year(4) 27-50-306(1)
Mandatory Term of License Withdrawal Action: None(5)
Other:A person may be required to attend a driver's training school. 27-50-306(3)
Commercial Motor Vehicle (CMV) Operators(8):
Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"(9) within a 3 year period or (2) commit 3 such violations within a 3 year period. 27-23-112(e)
Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days 27-23-112(e)
Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days 27-23-112(e)

1. However, the speed limit on controlled-access highways for trucks with a 1 ton capacity must be established at 10 MPH below that established for automobiles. 27-51-201(b)(2)

2. This appears to be a prima facie speed limit. 27-51-201(e) & 27-51-202(a)

3. The law appears to make the minimum sanction mandatory.

4. A suspension of not more than 1 year may be imposed by the court. This suspension is based upon a review of the offender's driving record. 27-50-306

5. Point System. I. If an offender accumulates between 14 and 17 points, their license is suspended from 3 to 6 months. If they accumulate between 18 and 23 points, their license is suspended from 6 months to 1 year. And, if they accumulate more than 24 points, their license is either suspended for not less than 1 year or revoked for no more than 1 year. II. The following points are assigned for speeding and speed related offenses: Careless (or negligent) driving-8 points; racing on the highway-8 points; reckless driving-8 points; hazardous driving-3 points; impeding traffic-3 points; speeding 0 to 10 MPH over the limit-3 points; speeding 11 to 14 MPH over the limit-4 points; speeding 15 to 20 MPH over the limit-4 points; speeding 21 to 30 MPH over the limit-5 points; speeding 30 MPH over the limit-8 points; speeding 0 to 14 MPH over the limit in a commercial motor vehicle-3 points; speeding 15 MPH over the limit in a commercial motor vehicle-6 points; unsafe driving-3 points; and, other violations-3 points. 27-14-403(a) & Regulation 2-27-16-907(a)(4) Note: Although listed as offenses under the point system, the Arkansas Code does not make either hazardous or unsafe driving an offense under State law.

6. I. The offender may be granted conditional or restricted driving privileges during a suspension. 27-50-306(2)
II. Suspension or revocation under the point system is discretionary.

7. The sanctions for a second or subsequent injury offense also apply where the first offense was a non injury related but where the second or subsequent one was so related. 27-50-308(b)(2)(B)

8. A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. 27-23-103(7)

9. A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. 27-23-103(22)

 

 

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