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United States
ARKANSAS CODES TITLE 27 - TRANSPORTATION SUBTITLE 3 - MOTOR VEHICLES AND THEIR EQUIPMENT CHAPTER 37 - EQUIPMENT REGULATIONS

  1. Chapter 37 - Equipment Regulations
    1. Subchapter 1 - General Provisions
      1. § 27-37-101 - Violations.
      2. § 27-37-102 - Exemptions from provisions.
      3. § 27-37-103 - [Transferred.]
    2. Subchapter 2 - Safety and Emergency Equipment
      1. § 27-37-201 - Sale of substandard seat belts prohibited.
      2. § 27-37-202 - Horns and warning devices -- Flashing lights on emergency vehicles.
      3. § 27-37-203 - Vehicles transporting explosives.
      4. § 27-37-204 - Lamp or flag on projecting load.
      5. § 27-37-205 - Certain vehicles to carry flares or other warning devices.
      6. § 27-37-206 - Display of warning devices when vehicle disabled.
    3. Subchapter 3 - Glass and Mirrors
      1. § 27-37-301 - Safety glass mandatory.
      2. § 27-37-302 - Windshields, etc., to be unobstructed.
      3. § 27-37-303 - Windshield wipers required.
      4. § 27-37-304 - Obstruction of interior prohibited.
      5. § 27-37-305 - Mirrors.
      6. § 27-37-306 - Light transmission levels for the tinting of motor vehicle windows.
    4. Subchapter 4 - Tires
      1. § 27-37-401 - Only pneumatic rubber tires permitted -- Exceptions -- Special permits.
      2. § 27-37-402 - Metal studded tires lawful during prescribed period.
    5. Subchapter 5 - Brakes
      1. § 27-37-501 - Equipment required.
      2. § 27-37-502 - Performance ability.
      3. § 27-37-503 - [Repealed.]
    6. Subchapter 6 - Mufflers
      1. § 27-37-601 - Noise or smoke producing devices prohibited.
      2. § 27-37-602 - Cutouts prohibited.
    7. Subchapter 7 - Mandatory Seat Belt Use
      1. § 27-37-701 - Definitions.
      2. § 27-37-702 - Seat belt use required -- Applicability of subchapter.
      3. § 27-37-703 - Effect of noncompliance.
      4. § 27-37-704 - [Repealed.]
      5. § 27-37-705 - Reduction of fine.
      6. § 27-37-706 - Penalties -- Court costs.
      7. § 27-37-707 - Traffic violation report and driver's license suspension.
    8. Subchapter 8 - Eric's Law: The Nitrous Oxide Prohibition Act
      1. § 27-37-801 - Title.
      2. § 27-37-802 - Definitions.
      3. § 27-37-803 - Use prohibited.

Arkansas Codes
Title 27 - Transportation
Subtitle 3 - Motor Vehicles And Their Equipment
Chapter 37 - Equipment Regulations

Subchapter 1 - General Provisions

§ 27-37-101 - Violations.

27-37-101. Violations.

It is a misdemeanor for any person to drive, or for the owner to cause or knowingly permit to be driven or moved, on any highway any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, or which does not contain those parts, or is not at all times equipped with equipment in proper condition and adjustment as required in this chapter or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.

§ 27-37-102 - Exemptions from provisions.

27-37-102. Exemptions from provisions.

The provisions of this chapter with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as made applicable by this chapter.

§ 27-37-103 - [Transferred.]

27-37-103. [Transferred.]

Subchapter 2 - Safety and Emergency Equipment

§ 27-37-201 - Sale of substandard seat belts prohibited.

27-37-201. Sale of substandard seat belts prohibited.

(a) It shall be unlawful for any person, firm, or corporation to sell, or offer for sale, any automobile seat belts which do not conform to the minimum standards prescribed for automobile seat belts by the Society of Automotive Engineers.

(b) (1) Any person, firm, or corporation violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250).

(2) Each sale or offer for sale in violation of this section shall constitute a separate offense.

§ 27-37-202 - Horns and warning devices -- Flashing lights on emergency vehicles.

27-37-202. Horns and warning devices -- Flashing lights on emergency vehicles.

(a) (1) (A) Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet (200').

(B) No horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.

(2) When reasonably necessary to ensure safe operation, the driver of a motor vehicle shall give audible warning with his or her horn but shall not otherwise use the horn when upon a public street or highway.

(b) (1) No vehicle shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle, or bell, except as otherwise permitted in this section.

(2) It is permissible, but not required, that commercial vehicles may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.

(3) (A) Every authorized emergency vehicle shall be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet (500') and of a type approved by the Arkansas State Highway and Transportation Department.

(B) The warning device shall not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law; in which event, the driver of the vehicle shall sound the warning device when necessary to warn pedestrians and other drivers of the approach thereof.

(c) (1) Every authorized emergency vehicle shall be equipped with signal lamps in addition to any other equipment and distinctive markings required by this subchapter. These lamps shall be mounted as high and be as widely spaced laterally as practicable. The vehicle shall be capable of displaying to the front two (2) alternately flashing red lights located at the same level and to the rear two (2) alternately flashing red lights located at the same level.

(2) These lights shall have sufficient intensity to be visible at five hundred feet (500') in normal sunlight.

(d) A police vehicle, when used as an authorized emergency vehicle, may, but need not, be equipped with alternately flashing red lights specified in this section.

(e) The use of the signal equipment described in this section shall impose upon drivers of other vehicles the obligation to yield right-of-way and to stop as prescribed in 27-51-901.

§ 27-37-203 - Vehicles transporting explosives.

27-37-203. Vehicles transporting explosives.

(a) Any person operating any vehicle transporting any explosive or other dangerous articles as cargo upon a highway shall at all times comply with the requirements of the regulations promulgated under this section.

(b) The State Highway Commission is authorized and directed to promulgate regulations governing the transportation of explosives and other dangerous articles in vehicles upon the highways as it deems advisable for the protection of the public.

§ 27-37-204 - Lamp or flag on projecting load.

27-37-204. Lamp or flag on projecting load.

(a) Whenever the load upon any vehicle extends to the rear four feet (4') or more beyond the bed or body of the vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in 27-36-204, a red light or lantern plainly visible from a distance of at least five hundred feet (500') to the sides and rear.

(b) The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle.

(c) At any other time, there shall be displayed at the extreme rear end of the load a red or fluorescent orange flag or cloth not less than sixteen inches (16'') square.

§ 27-37-205 - Certain vehicles to carry flares or other warning devices.

27-37-205. Certain vehicles to carry flares or other warning devices.

(a) No person shall operate any motor truck, passenger bus, truck tractor, or any motor vehicle towing a house trailer upon any highway outside the corporate limits of municipalities at any time from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise unless there shall be carried in the vehicle the following equipment except as provided in subsection (b) of this section:

(1) (A) At least three (3) flares, three (3) red electric lanterns, or three (3) portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than six hundred feet (600') under normal atmospheric conditions at nighttime.

(B) (i) No flare, fuse, electric lantern, or cloth warning flag shall be used for the purpose of compliance with the requirements of this subsection unless such equipment is of a type which has been submitted to the commissioner and approved by him or her.

(ii) No portable reflector unit shall be used for the purpose of compliance with the requirements of this subsection unless it is so designed and constructed as to be capable of reflecting red light clearly visible from all distances within six hundred feet (600') to one hundred feet (100') under normal atmospheric conditions at night when directly in front of lawful upper beams of head lamps and unless it is of a type which has been submitted to the commissioner and approved by him or her.

(2) At least three (3) red-burning fusees, unless red electric lanterns or red portable emergency reflectors are carried.

(3) At least two (2) red cloth flags, not less than twelve inches (12'') square, with standards to support such flags.

(b) (1) At the time and under conditions stated in subsection (a) of this section, no person shall operate any motor vehicle used for the transportation of explosives, any cargo tank truck used for the transportation of flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel unless there shall be carried in the vehicle three (3) red electric lanterns or three (3) portable red emergency reflectors meeting the requirements of subsection (a) of this section.

(2) There shall not be carried in any such vehicle any flares, fusees, or signals produced by flame.

§ 27-37-206 - Display of warning devices when vehicle disabled.

27-37-206. Display of warning devices when vehicle disabled.

(a) Whenever any motor truck, passenger bus, truck tractor, trailer, semitrailer, pole trailer, or any motor vehicle towing a house trailer is disabled upon the traveled portion of any highway or the shoulder thereof outside of any municipality at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices upon the highway during the time the vehicle is so disabled on the highway, except as provided in subsection (b) of this section:

(1) A lighted fuse, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic; and

(2) As soon thereafter as possible, but in any event within the burning period of the fuse, which is fifteen (15) minutes, the driver shall place three (3) liquid-burning flares or pot torches, or three (3) lighted red electric lanterns, or three (3) portable red emergency reflectors on the traveled portion of the highway in the following order:

(A) One (1), approximately one hundred feet (100') from the disabled vehicle, in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;

(B) One (1), approximately one hundred feet (100') in the opposite direction from the disabled vehicle, in the center of the traffic lane occupied by the vehicle; and

(C) (i) One (1) at the traffic side of the disabled vehicle, not less than ten feet (10') rearward or forward thereof, in the direction of the nearest approaching traffic.

(ii) If a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with subdivision (2)(A) of this subsection, it may be used for this purpose.

(b) Whenever any vehicle referred to in this section is disabled within five hundred feet (500') of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be so placed as to afford ample warning to other users of the highway, but in no case less than one hundred feet (100') nor more than five hundred feet (500') from the disabled vehicle.

(c) Whenever any vehicle of a type referred to in this section is disabled upon any roadway of a divided highway during the time that lights are required, the appropriate warning devices prescribed in subsections (a) and (e) of this section shall be placed as follows:

(1) One (1) at a distance of approximately two hundred feet (200') from the vehicle, in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;

(2) One (1) at a distance of approximately one hundred feet (100') from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and

(3) One (1) at the traffic side of the vehicle and approximately ten feet (10') from the vehicle, in the direction of the nearest approaching traffic.

(d) Whenever any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof outside of any municipality at any time when the display of fusees, flares, red electric lanterns, or portable red emergency reflectors is not required, the driver of the vehicle shall display two (2) red flags upon the roadway in the lane of traffic occupied by the disabled vehicle, one (1) at a distance of approximately one hundred feet (100') in advance of the vehicle and one (1) at a distance of approximately one hundred (100') feet to the rear of the vehicle.

(e) (1) Whenever any motor vehicle used in the transportation of explosives or any cargo tank truck used for the transportation of any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled upon a highway of this state at any time or place mentioned in subsection (a) of this section, the driver of the vehicle shall immediately display the following warning devices:

(A) One (1) red electric lantern or portable red emergency reflector, placed on the roadway at the traffic side of the vehicle; and

(B) Two (2) red electric lanterns or portable red reflectors, one (1) placed approximately one hundred feet (100') to the front and one (1) placed approximately one hundred feet (100') to the rear of the disabled vehicle in the center of the traffic lane occupied by the vehicle.

(2) Flares, fusees, or signals produced by flame shall not be used as warning devices for disabled vehicles of the type mentioned in this subsection.

(f) The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of 27-37-205.

Subchapter 3 - Glass and Mirrors

§ 27-37-301 - Safety glass mandatory.

27-37-301. Safety glass mandatory.

(a) No person shall sell any new motor vehicle nor shall any new motor vehicle be registered which is designed or used for the purpose of transporting passengers for compensation or as a school bus unless the vehicle is equipped with safety glass wherever glass is used in doors, windows, and windshields.

(b) (1) No person shall sell any new motor vehicle unless the vehicle is equipped with safety glass wherever glass is used in the doors, windows, and windshields.

(2) No person shall replace glass in any motor vehicle in the doors, windows, and windshields other than with safety glass.

(c) The term "safety glass" shall mean any product composed of glass, so manufactured, fabricated, or treated as to substantially prevent shattering and flying glass when struck or broken, or other similar products as may be approved by the State Highway Commission.

(d) (1) The commission shall compile and publish a list of types of glass by name approved by it as meeting the requirements of this section.

(2) The commission shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glass.

(3) The commission shall suspend the registration of any motor vehicle so subject to this section which it finds is not so equipped until it is made to conform to the requirements of this section.

§ 27-37-302 - Windshields, etc., to be unobstructed.

27-37-302. Windshields, etc., to be unobstructed.

No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, sidewings, side, or rear windows of the vehicle other than a certificate or other paper required to be so displayed by law if it obstructs the operator's view or the safe operation of the vehicle.

§ 27-37-303 - Windshield wipers required.

27-37-303. Windshield wipers required.

(a) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield.

(b) This device shall be so constructed as to be controlled or operated by the driver of the vehicle.

§ 27-37-304 - Obstruction of interior prohibited.

27-37-304. Obstruction of interior prohibited.

(a) (1) (A) It is unlawful for any person to operate a motor vehicle which has any substance or material except rearview mirrors and decals required by law attached to the windshield at any point more than four and one-half inches (41/2'') above the bottom of the windshield if the substance or material obstructs the operator's view or the safe operation of the vehicle.

(B) It is unlawful for any person to operate a motor vehicle which has any substance or material attached to the window of either front door except substances or materials attached by the manufacturer if the substance or material obstructs the operator's view or the safe operation of the vehicle.

(2) The provisions of this section shall not apply to motorists driving motor vehicles registered in other states that have enacted legislation regulating the shading of windshields or windows of motor vehicles and who are driving on Arkansas roads and highways.

(b) Nothing in this section shall prohibit the shading or tinting of windows of newly manufactured automobiles so long as the newly manufactured automobiles comply with all federal laws pertaining thereto.

(c) Violation of this section shall constitute a Class C misdemeanor.

§ 27-37-305 - Mirrors.

27-37-305. Mirrors.

(a) Every motor vehicle shall be equipped with a rearview mirror.

(b) Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position shall be equipped with a mirror located so as to reflect to the driver a view of the highway for a distance of at least two hundred feet (200') to the rear of the vehicle.

§ 27-37-306 - Light transmission levels for the tinting of motor vehicle windows.

27-37-306. Light transmission levels for the tinting of motor vehicle windows.

(a) It shall be unlawful to operate a vehicle on the public highways if after-market tinting material, together with striping material, has been applied to any windows of the vehicle or if letters or logos larger than one-quarter inch (1/4'') have been applied to the windows of the vehicle.

(b) After-market tinting of vehicle windows shall be lawful only as follows:

(1) The glass immediately in front of the operator may have a strip of tinting material applied to the top edge, known in the industry as an "eyebrow", but it may not extend downward more than five inches (5'') from the top center of the windshield;

(2) On all 1994 model vehicles and later model vehicles, the side windows and side wings located on the immediate right or left of the driver or to the right or left immediately behind the driver may be covered with an after-market tinting material which results in at least twenty-five percent (25%) net light transmission, except that the side windows immediately behind the driver on any truck, bus, trailer, motor home, or multiple purpose passenger vehicle may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission; and

(3) On all 1994 model vehicles and later model vehicles, the rearmost window may be covered with an after-market tinting material which results in at least ten percent (10%) net light transmission.

(c) Any vehicle that is operated on Arkansas roads with after-market tinting material on any glass shall have attached to the front glass immediately to the operator's left a label containing the name and phone number of the company installing the tinting material and affirming that all tinting on the vehicle conforms to the requirements of this section.

(d) The provisions of this section shall not apply to motorists operating vehicles registered in other states that have enacted legislation regulating the shading of windshields or windows of motor vehicles who are driving on Arkansas roads and highways.

(e) (1) A motorist shall be exempt from this section if the motorist is diagnosed by a physician as having a disease or disorder, including, but not limited to, albinism or lupus, for which the physician determines it is in the best interest of the motorist to be exempt from the requirements of this section. The motorist shall carry in his or her motor vehicle a physician's certification.

(2) The installation of tinted glass shall be exempt from this section if the tinted glass is installed in the motor vehicle of a person exempted under this subsection, as evidenced by a physician's certification.

(f) The provisions of this section shall not be applicable to vehicles or operators of vehicles used exclusively or primarily for the transportation of dead human bodies.

(g) Any installer of motor vehicle glass tinting material who installs any glass tinting in violation of this section or otherwise violates the provisions of this section or any person operating any motor vehicle with glass tinting or other after-market alteration of the glass in the vehicle which is contrary to the provisions of this section shall be guilty of a Class B misdemeanor.

(h) The provisions of this section shall also apply to:

(1) All 1993 and older model vehicles which have not had after-market tinting material applied in accordance with Acts 1991, No. 563 [repealed], or Acts 1991, No. 1043 [repealed]; and

(2) At such time as the ownership of the same are transferred, all older model vehicles which have had after-market tinting material applied in accordance with Acts 1991, No. 563 [repealed], or Acts 1991, No. 1043 [repealed].

(i) Notwithstanding any other provision of this section or any other law to the contrary, windshields of law enforcement vehicles may be tinted to the extent that the windshield permits at least fifty percent (50%) net light transmission.

Subchapter 4 - Tires

§ 27-37-401 - Only pneumatic rubber tires permitted -- Exceptions -- Special permits.

27-37-401. Only pneumatic rubber tires permitted -- Exceptions -- Special permits.

(a) (1) The wheels of all motor vehicles, including trailers and semitrailers, shall be equipped with pneumatic rubber tires.

(2) Nonpneumatic or solid rubber tire mountings shall not be permitted.

(b) No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.

(c) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat, spike, or any other protuberances of any material except rubber which projects beyond the tread of the traction surface of the tire, with the following exceptions:

(1) It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway;

(2) It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety; and

(3) It shall be permissible to use metal studded tires as prescribed in 27-37-402.

(d) The State Highway Commission and local authorities, in their respective jurisdictions and at their discretion, may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this subchapter.

§ 27-37-402 - Metal studded tires lawful during prescribed period.

27-37-402. Metal studded tires lawful during prescribed period.

(a) It is lawful to use metal studded tires with studs protruding not more than one-sixteenth inch (1/16'') from the surface of the rubber tread on motor vehicles operated on the public highways of this state during the period from November 15 of each year until April 15 of the following year.

(b) If the United States Congress shall enact legislation, or if any agency of the federal government shall adopt regulations prohibiting the use of metal studded tires on motor vehicles operated on the public highways, the provisions of this section authorizing the use of metal studded tires shall terminate. Thereafter, it shall be unlawful to use metal studded tires on vehicles operated on the public highways of this state at any time.

(c) (1) It is unlawful for any person to operate any motor vehicle equipped with metal studded tires upon the highways of this state at any time other than the period prescribed in subsection (a) of this section.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00).

Subchapter 5 - Brakes

§ 27-37-501 - Equipment required.

27-37-501. Equipment required.

(a) (1) Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated upon a highway, shall be equipped with brakes adequate to control the movement of, and to stop and hold, the vehicle, including two (2) separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two (2) wheels.

(2) If these two (2) separate means of applying the brakes are connected in any way, they shall be constructed so that failure of any one (1) part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.

(b) Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one (1) brake, which may be operated by hand or foot.

(c) (1) Every trailer or semitrailer of a gross weight of three thousand pounds (3,000 lbs.) or more when operated upon a highway shall be equipped with brakes adequate to control the movement of, and to stop and to hold, such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab.

(2) The brakes shall be so designed and connected that in case of an accidental break-away of the towed vehicle, the brakes shall be automatically applied.

(d) (1) (A) Every new motor vehicle, trailer, or semitrailer sold in the state and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle or motor-driven cycle.

(B) Any semitrailer of less than one thousand five hundred pounds (1,500 lbs.) gross weight need not be equipped with brakes.

(2) Trucks and truck tractors having three (3) or more axles need not have brakes on the front wheels, except, when the vehicles are equipped with at least two (2) steerable axles, the wheels of one (1) axle need not be equipped with brakes.

(e) (1) Every singly driven motor vehicle and every combination of motor vehicles shall, at all times, be equipped with a parking brake or brakes adequate to hold the vehicle or combination on any grade on which it is operated, under any conditions of loading, on a surface free from ice or snow.

(2) (A) The parking brake or brakes shall, at all times, be capable of being applied in conformance with the requirements of subdivision (e)(1) of this section by either the driver's muscular effort, by spring action, or by other energy.

(B) If other energy is depended on for application of the parking brake, then an accumulation of such energy shall be isolated from any common source and used exclusively for the operation of the parking brake.

(3) The parking brake or brakes shall be so designed, constructed, and maintained that when once applied, they shall remain in the applied condition with the required effectiveness despite exhaustion of any source of energy or leakage of any kind and so that they cannot be released unless adequate energy is available upon release of such brake or brakes to make immediate further application with the required effectiveness.

(f) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

(g) All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.

§ 27-37-502 - Performance ability.

27-37-502. Performance ability.

(a) Every motor vehicle or combination of vehicles, at all times and under all conditions of loading, upon application of the service or foot brake, shall be capable of:

(1) Developing a braking force that is not less than the percentage of its gross weight tabulated in this section for its classification;

(2) Decelerating in a stop from not more than twenty (20) miles per hour at not less than the feet-per-second tabulated in this section for its classification; and

(3) Stopping from a speed of twenty (20) miles per hour in not more than the distance tabulated in this section for its classification, the distance to be measured from the point at which movement of the service brake pedal or control begins. Click here to view image.

(b) Tests for deceleration and stopping distance shall be made on a substantially level, which is not to exceed plus or minus one percent (1%) grade, and dry, smooth, hard surface that is free from loose material.

§ 27-37-503 - [Repealed.]

27-37-503. [Repealed.]

Subchapter 6 - Mufflers

§ 27-37-601 - Noise or smoke producing devices prohibited.

27-37-601. Noise or smoke producing devices prohibited.

(a) Every motor vehicle shall, at all times, be equipped with a factory-installed muffler or one duplicating factory specifications, in good working order and in constant operation, to prevent excessive or unusual noise and annoying smoke.

(b) No person shall use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, nor shall any person sell for use on a motor vehicle upon the public roads, highways, streets, or alleys of this state, a muffler, other than as defined in subsection (a) of this section, cutout, bypass, similar device, or any type device which produces excessive or unusual noise or smoke.

§ 27-37-602 - Cutouts prohibited.

27-37-602. Cutouts prohibited.

(a) The sale or use of cutouts on any motor-driven vehicle while on the public roads, highways, streets, and alleys of Arkansas is prohibited.

(b) Any person found guilty in any court of Arkansas of violating this section, in whole or in part, shall be deemed guilty of a misdemeanor and subject to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500).

Subchapter 7 - Mandatory Seat Belt Use

§ 27-37-701 - Definitions.

27-37-701. Definitions.

As used in this subchapter:

(1) "Motor vehicle" means any motor vehicle, except a school bus, church bus, and other public conveyance, which is required by federal law or regulation to be equipped with a passenger restraint system; and

(2) "Seat belt" means any passenger restraint system as defined by the Department of Arkansas State Police, except that, until such time as the Arkansas State Police has promulgated regulations defining "seat belt", the term means any passenger restraint system which meets the federal requirements contained in 49 C.F.R. 571.208.

§ 27-37-702 - Seat belt use required -- Applicability of subchapter.

27-37-702. Seat belt use required -- Applicability of subchapter.

(a) Each driver and front seat passenger in any motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened seat belt properly secured to the vehicle.

(b) This subchapter shall not apply to the following:

(1) Passenger automobiles manufactured before July 1, 1968, and all other motor vehicles manufactured before January 1, 1972;

(2) Passengers and drivers with a physical disability that contraindicates the use of a seat belt, and which condition is certified by a physician who states the nature of the disability as well as the reason the use of a seat belt is inappropriate;

(3) Children who require protection and are properly restrained under The Child Passenger Protection Act, 27-34-101 et seq.; and

(4) Drivers who are rural letter carriers of the United States Postal Service while performing their duties as rural letter carriers.

(c) Except as provided in subdivision (b)(4), each driver or passenger who is seated in a wheelchair in a motor vehicle shall:

(1) Wear a properly adjusted and fastened seat belt properly secured to the wheelchair; and

(2) Have the wheelchair properly secured in the motor vehicle.

§ 27-37-703 - Effect of noncompliance.

27-37-703. Effect of noncompliance.

(a) (1) The failure of an occupant to wear a properly adjusted and fastened seat belt shall not be admissible into evidence in a civil action.

(2) Provided, that evidence of such failure may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied:

(A) The plaintiff has filed a products liability claim other than a claim related to an alleged failure of a seat belt;

(B) The defendant alleging noncompliance with this subchapter shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and

(C) Each defendant seeking to offer evidence alleging noncompliance has the burden of proving:

(i) Noncompliance;

(ii) That compliance would have reduced injuries; and

(iii) The extent of the reduction of such injuries.

(b) (1) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of such evidence in accordance with the provisions of this section and the rules of evidence.

(2) The finding of the trial judge shall not constitute a finding of fact, and the finding shall be limited to the issue of admissibility of such evidence.

§ 27-37-704 - [Repealed.]

27-37-704. [Repealed.]

§ 27-37-705 - Reduction of fine.

27-37-705. Reduction of fine.

(a) When a motor vehicle operator is stopped by a law enforcement officer and the law enforcement officer notes that the provisions of this subchapter have not been violated, any fine levied for a moving traffic violation against the motor vehicle operator as a result of being stopped shall be reduced by ten dollars ($10.00) as an incentive to comply with this subchapter.

(b) Subsection (a) of this section shall not apply to fines levied for traffic offenses classified as misdemeanors.

§ 27-37-706 - Penalties -- Court costs.

27-37-706. Penalties -- Court costs.

(a) Any person who violates this subchapter shall be subject to a fine not to exceed twenty-five dollars ($25.00).

(b) When a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this subchapter, no court costs pursuant to 16-10-305 or other costs or fees shall be assessed.

§ 27-37-707 - Traffic violation report and driver's license suspension.

27-37-707. Traffic violation report and driver's license suspension.

The Office of Driver Services shall not:

(1) Include in the traffic violation report of any person any conviction arising out of a violation of this subchapter;

(2) Use or accumulate a violation of this subchapter to suspend or revoke the driver's license of any person as an habitual violator of traffic laws; or

(3) Use a violation of this subchapter in any other way under the administrative authority of the office to suspend or revoke a driver's license.

Subchapter 8 - Eric's Law: The Nitrous Oxide Prohibition Act

§ 27-37-801 - Title.

27-37-801. Title.

This subchapter shall be known and may be cited as "Eric's Law: The Nitrous Oxide Prohibition Act".

§ 27-37-802 - Definitions.

27-37-802. Definitions.

As used in this subchapter:

(1) (A) "Motorcycle" means a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground.

(B) "Motorcycle" does not include a tractor;

(2) "Nitrous oxide" means a gas or liquid form of nitrous oxide that is used to increase the speed or performance of a motor vehicle or motorcycle; and

(3) "Street or highway" means the entire width between property lines of every way or place of whatever nature when any part of the street or highway is open to the use of the public as a matter of right for purposes of vehicular traffic.

§ 27-37-803 - Use prohibited.

27-37-803. Use prohibited.

(a) (1) Except as provided under subdivision (a)(2) of this section, a person shall not operate a motor vehicle or motorcycle that is equipped to supply the engine with nitrous oxide on a street or highway.

(2) This section shall not prohibit:

(A) A person from operating a motor vehicle or motorcycle that is equipped to supply the engine with nitrous oxide if the system supplying nitrous oxide is made inoperative by:

(i) Disconnecting the line feeding nitrous oxide to the engine; or

(ii) Removing the container or containers of nitrous oxide from the motor vehicle or motorcycle; or

(B) A person from operating a tow vehicle or a recreational vehicle that is equipped to supply the engine with nitrous oxide.

(b) A person who violates the provisions of this section is guilty of a Class C misdemeanor.
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