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.
History. Acts 1937, No. 300, § 103; Pope's Dig., § 6760; A.S.A. 1947, § 75-701.
Publisher's Notes. Acts 1937, No. 300, § 103, is also codified as § 27-36-101.
Case Notes
Instructions.
Unsafe Conditions.
It is not error for a court to tell a jury in the language of this section that it is a misdemeanor for a person to drive a vehicle in unsafe condition. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).
It is not error for a court to tell a jury that a violation of this section is evidence of negligence. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).
The unsafe condition referred to in this section is not limited to a lack of equipment such as brakes; it also includes the continued use of a vehicle whose engine the driver is aware has not been functioning properly. Bryant v. Thomas, 230 Ark. 999, 328 S.W.2d 83 (1959).
Cited: United States v. Hollman, 541 F.2d 196 (8th Cir. 1976).