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Title 27 Transportation

Subtitle 2. Motor Vehicle Registration And Licensing

Chapter 16 Driver's Licenses Generally

Subchapter 7 - Application and Examination

27-16-704. Examinations of applicants.

(a) Every applicant for a driver's license, except as otherwise provided in this act, shall be examined in accordance with the provisions of this section.

(b) (1) The examination shall be held within not more than thirty (30) days from the date that application is made.

(2) The examination shall include a test of the applicant's eyesight, ability to read and understand the highway traffic laws of this state, an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle, and any further physical and mental examination deemed necessary by the office to operate a motor vehicle safely upon the highways.

(3) The test of the applicant's eyesight shall examine his or her visual acuity to read road signs and identify objects at a distance.

(4) The applicant shall have a minimum uncorrected visual acuity of 20/40 for an unrestricted license and a minimum corrected visual acuity of 20/50 for a restricted license. The applicant's field of vision shall be at least one hundred forty degrees (140°) for a person with two (2) functional eyes and at least one hundred five degrees (105°) for a person with one (1) functional eye.

(5) Applicants who fail the eyesight test shall be instructed that they should have their eyes examined by an eye care professional and secure corrective lenses, if necessary.

(6) The test of the applicant's eyesight shall be made on an optical testing instrument approved under standards established by the Director of the Department of Finance and Administration and the Department of Arkansas State Police.

(7) In addition, the applicant for a learner's license and an intermediate driver's license shall have the student's driving record checked to verify that the student has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months.

(c) (1) No applicant for an original license, that is, an applicant who has never been licensed previously by any jurisdiction, shall be permitted to demonstrate ability to operate a motor vehicle as required under the provisions of this chapter unless and until the applicant has in his possession a valid instruction permit properly issued not less than thirty (30) days prior to the date of application, unless otherwise determined by the office.

(2) The instruction permit required under this subchapter shall be issued in accordance with the provisions of this act.

History. Acts 1937, No. 280, § 16; Pope's Dig., § 6840; Acts 1969, No. 141, § 1; 1977, No. 863, § 1; A.S.A. 1947, § 75-318; Acts 1989, No. 193, § 2; 1993, No. 445, § 17; 2001, No. 1694, § 4; 2003, No. 217, § 1.

Publisher's Notes. Acts 2001, No. 1694, § 9, provided:

“This act shall be effective July 1, 2002.”

Amendments. The 2001 amendment deleted “and shall include” preceding “an actual demonstration” in (b)(2); added (b)(7); and made minor stylistic changes.

The 2003 amendment deleted “in the county where the applicant resides” following “held” in (b)(1).

Meaning of “this act”. Acts 1937, No. 280, codified as §§ 27-16-101, 27-16-102, 27-16-201 - 27-16-207, 27-16-301 - 27-16-306, 27-16-501, 27-16-502, 27-16-504, 27-16-506, 27-16-601 - 27-16-605, 27-16-701 - 27-16-705, 27-16-801 - 27-16-806, 27-16-901, 27-16-903 - 27-16-913, 27-16-1001 [repealed].

Cross References. Operator's examination, § 27-20-108.

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