(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.
(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.
History. Acts 1937, No. 300, § 124; Pope's Dig., § 6784; Acts 1959, No. 307, § 51; 1965, No. 566, § 1; A.S.A. 1947, § 75-724.
Cross References. Penalty for violation of 1959 amendatory act, § 27-50-305.
Case Notes
Negligence.
Proximate Cause.
Stopping Power.
A violation of this section constitutes evidence of negligence. Beaty v. Buckeye Fabric Finishing Co., 179 F. Supp. 688 (E.D. Ark. 1959).
Proof of violation of this section is evidence of negligence. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955).
Violation of the provisions of this section requiring adequate brakes is evidence of negligence, and jury may find negligence on part of a driver whose brakes fail suddenly. Houston v. Adams, 239 Ark. 346, 389 S.W.2d 872 (1965).
Where plaintiff's testimony in action against driver for personal injuries resulting from automobile wreck because of brake failure was to the effect that this section had been violated, question of negligence was for the jury. Brand v. Rorke, 225 Ark. 309, 280 S.W.2d 906 (1955).
The absence of adequate brakes was held to be the proximate cause of a collision where the driver first became aware of the presence of a train when 50 feet from the crossing while traveling at 15 miles per hour. Missouri P. R. Co. v. Moore, 199 Ark. 1035, 138 S.W.2d 384, cert. denied, 311 U.S. 646, 61 S. Ct. 19 (1940).
Where a truck knocked a stopped car 119 feet and stopped 180 feet beyond the point of collision although the driver applied the hand brake, the indication was that either the truck was traveling at a much greater speed than 25 miles per hour or the hand brake had practically no stopping power. Yarnell Ice Cream Co. v. Williamson, 244 Ark. 893, 428 S.W.2d 86 (1968).
Cited: Pitts v. Greene, 238 Ark. 438, 382 S.W.2d 904 (1964).