(a) No person shall drive a vehicle when it is so loaded, or when there are in the front seat a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of the vehicle so as to interfere with the driver's control over the driving mechanism of the vehicle.
(b) No passenger in a vehicle or streetcar shall ride in such position as to interfere with the driver's or motorman's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle or streetcar.
History. Acts 1937, No. 300, § 95; Pope's Dig., § 6752; A.S.A. 1947, § 75-652.
Cross References. Obstructed view of motor vehicle interior prohibited, § 27-37-304.
Case Notes
Under evidence that there were four persons in the cab of truck involved in motor collision and a woman was sitting in the lap of one man, showing a crowded condition and obstruction of the driver's view to the right, instruction that, in determining whether driver was negligent in operating the truck, it is unlawful to drive a vehicle on the public highways when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle so as to interfere with the driver's control over the driving mechanism of the vehicle was not erroneous as abstract. Warren v. Hale, 203 Ark. 608, 158 S.W.2d 51 (1942).
In suit for damages to truck which struck another truck which was parked along highway, trial court properly gave instructions concerning more than three people riding in driver's seat where evidence showed that four people were riding in the overtaking truck and one of the four persons testified that he could not see to the left because the head of one of his companions was in the way. Woodruff Elec. Coop. Corp. v. Weis Butane Gas Co., 225 Ark. 114, 279 S.W.2d 564 (1955).
The fact that four persons sat in the front seat of a truck at the time of the accident, which is a violation of the law, did not conclusively determine that the accident was due to the negligence of the driver, when train approached from the left of the truck. Thompson v. Boswell, 166 F.2d 106 (6th Cir. Tenn. 1948).
Driver of a loaded school bus coming into the school ground on the driveway for that purpose and driving at a moderate rate of speed along the driveway by the side of the building and fence to the usual spot for his pupil passengers to debark from the bus was not negligent in failing to notice that plaintiff, 10-year-old school pupil, was pursuing the bus along the right side of the bus in a place of danger until after such plaintiff had fallen under the right rear wheels of the bus, nor was it negligence to drive the bus without a mirror on the right-hand side so situated that the bus driver could see a person approaching along the right-hand side of the bus. Sams v. Pacific Indem. Co., 170 F. Supp. 909 (W.D. Ark. 1959), dismissed, 271 F.2d 126 (8th Cir. Ark. 1959).