(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 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.
History. Acts 1937, No. 300, § 125; Pope's Dig., § 6785; Acts 1959, No. 307, § 47; A.S.A. 1947, § 75-725; Acts 2003, No. 1155, § 1.
Amendments. The 2003 amendment, in (a)(2), inserted “public street or” and made gender neutral and stylistic changes.
Cross References. Flashing and rotating warning and emergency lights, § 27-36-301 et seq.
Horns on motorcycles, motor scooters, and motor bicycles, § 27-20-104.
Penalty for violation of 1959 amendatory act, § 27-50-305.
Case Notes
Construction.
Authorized Emergency Vehicles.
Duty to Sound Horn.
Instructions.
Pedestrians.
The requirements of subsections (b) and (c) of this section were insufficient as standards and guidelines to validate the delegation of authority in former subsection (d) of § 27-49-219 that permitted chiefs of police of cities to designate certain ambulances and other vehicles as emergency vehicles. Walden v. Hart, 243 Ark. 650, 420 S.W.2d 868 (1967).
Authorized Emergency Vehicles.
A police motorcycle was not “authorized emergency vehicle” within the meaning of this section where the only signal being given by the police officer on the motorcycle was a blowing of the horn, regardless of fact that he was responding to another officer's call for assistance. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).
The requirement that an automobile be equipped with a horn implies that it should be sounded when a reasonably prudent person would do so to insure the safety of pedestrians, those within the automobile, or other persons or property rightfully using the highway. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).
Refusal to give instruction setting out this section was not prejudicial error where appellants' own witnesses testified that the car was equipped with a proper horn and evidence was lacking to show that there was anything in the situation apparent to the young driver to warn him of such impending danger as to require the sounding of his horn as he approached an intersection. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (Ark. 1956).
It is not necessary to instruct in the language of this section when there is no evidence at all relative to the type of horn on the vehicle. Ransom v. Weisharr, 236 Ark. 898, 370 S.W.2d 598 (1963).
Where policeman was injured while operating a police motorcycle and brought an action to recover for personal injuries sustained, the submission to the jury of instructions with respect to law applicable to emergency vehicles, though the only signal being given was a blowing of a horn by the policeman, was prejudicial error, even though comparative negligence, on which the court also submitted an instruction, was the basis of the jury verdict in the policeman's favor. Whistle-Vess Bottling Co. v. Owens, 249 Ark. 424, 459 S.W.2d 562 (1970).
Even though a pedestrian is required to yield the right-of-way when crossing a highway at a point other than a marked crosswalk, failure to do so does not relieve the driver of an approaching vehicle of the obligation to exercise ordinary care to avoid colliding with the pedestrian and to give warning by the sounding of a horn, when necessary. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).
The failure of a driver to sound his horn, or to take earlier diversionary action, or to sooner apply his brakes to avoid hitting a pedestrian are significant on the question of speed, control, and lookout. Thomas v. Newman, 262 Ark. 42, 553 S.W.2d 459 (1977).
Cited: Gookin v. Locke, 240 Ark. 1005, 405 S.W.2d 256 (1966); Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967); City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).