JURISDICTION: 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: Controlled-Access Highways-The maximum speed is determined via

See Other below. engineering and traffic studies.⁽¹⁾ §27-51-201(b)(1)

30 MPH⁽²⁾ in urban districts §27-51-201(c)(1)

50 MPH² for trucks with a capacity 1½ tons in other locations (except controlled access highways) §27-51-201(c)(2)

60 MPH² 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 maximum 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: 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)

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

Adjudication of Speed Law Violations:

(continued)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Note: Except as Noted for Speeding in School Zones, the Following Sanctions Apply to all Speed Law Violations.

Criminal Sanctions:

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 Zone³-1st 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:

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⁾

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Licensing Action:

Type of Licensing Action

(Susp/Rev): (continued) Speeding in School Zone-3rd offense (within 1 year)-Suspension §27-51-214(3)(B)

Term of License Withdrawal

(Days, Months, Years, etc.): Not more than 1 year⁽⁶⁾ §27-50-306(1)

Speeding in School Zone-3rd offense (within 1 year)-1 year §27-51-214(3)(B)

Mandatory Minimum Term of

Withdrawal: Speeding in School Zone-3rd offense (within 1 year)-1 year §27-51-214(3)(B)

Miscellaneous Sanctions

Not Included Elsewhere: 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)

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 Courts⁴ §27-50-306(1) Suspension or Revocation via the Point System⁵

Length of Term of

Licensing Withdrawal: Not more than 1 year⁴ §27-50-306(1)

Mandatory Action--Minimum

Length of License

Withdrawal: None⁵

Other Criminal Actions Related to Speeding:

(continued)

Racing on Highway: (continued)

Other: 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 §20-50-308(b)(1)(B) 2nd or subsequent offense (within 3 years)-30 days to 6 months §20-50-308(b)(2)(A)

II. Injury Related Offense-1st offense-30 to 90 days §20-50-308(b)(1)(A) 2nd or subsequent offense⁽⁷⁾ (within 3 years)-60 days to 1 year §20-50-308(b)(2)(B)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): I. Non-Injury Related Offense: 1st offense-$25 to $500 §20-50-308(b)(1)(B) 2nd or subsequent offense (within 3 years)-$500 to $1,000 §20-50-308(b)(2)(A)

II. Injury Related Offense-1st offense-30 to 90 days §20-50-308(b)(1)(A) 2nd or subsequent offense⁷ (within 3 years)-60 days to 1 year §20-50-308(b)(2)(B)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Courts⁴ §27-50-306(1) Suspension or Revocation via the Point System^5&7

For 3 convictions within 12 months-Revocation §27-50-905(5)

Length of Term of License

Withdrawal Action: Suspension for not more than 1 year⁴ §27-50-306(1)

Revocation for 1 year⁴ §27-50-912

Mandatory Term of License

Withdrawal Action: For 3 convictions within 12 months-1 Year Revocation §§27-50-905(5) & 27-50-912

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

Other Criminal Actions Related to Speeding:

(continued)

Careless and Prohibited Driving:

(continued) Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via the Courts⁴ §27-50-306(1) Suspension or Revocation via the Point System⁵

Length of Term of License

Withdrawal Action: Not more than 1 year⁴ §27-50-306(1)

Mandatory Term of License

Withdrawal Action: None⁵

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. ¹However, the speed limit on controlled-access highways for trucks with a 1½ ton capacity must be established at 10 MPH below that established for automobiles. §27-51-201(b)(2)

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

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

4. ⁴A 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. ⁵Point 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 CMV-3 points; speeding 15 MPH over the limit in a CMV-6 points; and, unsafe driving-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 the law.

6. ⁶I. 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. ⁷The 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. ⁸A 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(6)

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