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Title 27 Transportation

Subtitle 4. Motor Vehicular Traffic

Chapter 49 General Provisions (Motor Vehicle Traffic)

Subchapter 2 - Definitions

27-49-212. Roadways.

(a) “Street or highway” means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

(b) “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.

(c) “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel.

(d) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

(e) “Laned roadway” means a roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.

(f) “Through highway” means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing it and when stop signs are erected as provided in this act.

History. Acts 1937, No. 300, § 12; Pope's Dig., § 6670; Acts 1959, No. 307, § 4; A.S.A. 1947, § 75-412.

Meaning of “this act”. See note to § 27-49-201.
Case Notes



Parking Lots.

Pavement.

Sidewalk.

Through Highway.

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).

Pavement.

Former provisions in § 27-51-1303 requiring 20 feet of pavement to remain clear and unobstructed opposite a standing vehicle were held to mean 20 feet of the paved or improved, or main traveled part of the highway, and not to mean 20 feet including the shoulder. Waycaster v. Sorenson, 124 F. Supp. 892 (W.D. Ark. 1954) (decision prior to 1959 amendment).

Sidewalk.

The phrase, “intended for pedestrian use,” is merely descriptive and not directive, and thus this definition does not set out a rule for a pedestrian or motorist to follow. Williams v. First Sec. Bank, 293 Ark. 388, 738 S.W.2d 99 (1987).

Through Highway.

In order to have a through highway at any particular intersection, there must be erected a stop sign at the entrance of the intersection on the highway approaching the through highway. Watkins v. Bright, 225 Ark. 879, 286 S.W.2d 333 (1956).

Cited: Glover v. Dixon, 285 Ark. 140, 688 S.W.2d 930 (1985).

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