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Title 27 Transportation

Subtitle 4. Motor Vehicular Traffic

Chapter 49 General Provisions (Motor Vehicle Traffic)

Subchapter 1 - Title, Applicability, and Construction Generally

27-49-102. Applicability to operation on highways - Exceptions.

The provisions of this subtitle relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:

(1) Where a different place is specifically referred to in a given section.

(2) The provisions of §§ 27-50-307, 27-50-308, 27-53-101 - 27-53-105, and 27-53-201 - 27-53-208 shall apply upon highways and elsewhere throughout the state.

(3) Where the owner of a private roadway within a planned community in Arkansas grants express permission for the state and local law enforcement authorities to enter on and to enforce the provisions of this subtitle and other traffic laws of the state or local authorities on those private roadways in the planned community.

History. Acts 1937, No. 300, § 20; Pope's Dig., § 6678; A.S.A. 1947, § 75-420; Acts 1994 (2nd Ex. Sess.), No. 32, § 1.

Cross References. Military forces unrestricted by traffic regulations, § 12-62-407.
Case Notes



Legislative Intent.

Parking Lots.

Legislative Intent.

It is evident from the history of subdivision (2) of this section that the legislature intended that the offense of DWI not be restricted to the highways of this state; the legislature has consistently intended that DWI constitutes a criminal offense whether it occurs on highways or on private property. Hill v. State, 315 Ark. 297, 868 S.W.2d 44 (1993).

Parking Lots.

Inasmuch as a shopping center parking lot is not a highway, a person whose car collided with another vehicle as he was pulling out of a parking space could not be charged with the violation of failure to yield right-of-way. Hartson v. City of Pine Bluff, 270 Ark. 748, 606 S.W.2d 149 (1980).

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