(a) Any stop or turn signal when required in this subchapter shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in subsection (b) of this section.
(b) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of the motor vehicle exceeds twenty-four inches (24²) or when the distance from the center of the top of the steering post to the rear limit of the body or load exceeds fourteen feet (14¢). The latter measurement shall apply to any single vehicle and also to any combination of vehicles.
History. Acts 1937, No. 300, § 68; Pope's Dig., § 6726; Acts 1957, No. 216, § 1; A.S.A. 1947, § 75-619.
Case Notes
Constitutionality.
Instructions.
Jury Questions.
Proximate Cause.
Sufficiency of Evidence.
Former Acts 1951, No. 151, which purported to amend this section and which required vehicles of a certain construction and load to have signal devices but which exempted certain vehicles including “small farm vehicles” from its provisions, was unconstitutional and void. State v. Bryant, 219 Ark. 313, 241 S.W.2d 473 (1951).
Where an instruction to a jury embodying this section and also part of an unconstitutional act was favorable to defendants, the defendants could not complain of the instruction, since it was more favorable to them and was justified. Barr v. Matlock, 222 Ark. 260, 258 S.W.2d 540 (1953).
There is no conflict between an instruction embodying this section and other sections concerning the manner of turning and changing lanes and the giving of signals in doing so and another instruction that instructs the jury that of two vehicles traveling in the same direction the one in front has the superior right to the use of the highway for the purpose of leaving it to enter intersecting roads or passageways. Wasson v. Warren, 245 Ark. 719, 434 S.W.2d 51 (1968).
Where truck driver testified that he took foot off accelerator and pushed in the clutch, thereby slowing down, but did not step on the brake and therefore did not light stop light, rather giving hand signals, and driver in rear testified that no signals were given and if signals had been given he could have stopped, evidence was sufficient to justify submission to the jury of question as to whether or not driver of truck stopped suddenly without giving the statutory signal to the driver of the vehicle immediately to his rear. A.S. Barboro & Co. v. James, 205 Ark. 53, 168 S.W.2d 202 (1943).
Where defendant was driving in excess of the speed limit and plaintiff driving in front approached intersection at which he intended to turn left and after giving a proper signal yielded the right-of-way to approaching vehicles before turning left, but the defendant in the following vehicle not being able to stop swerved into the other lane of traffic and struck plaintiff after he had almost completed his left turn, plaintiff was not guilty of contributory negligence and the negligence of the defendant was the proximate cause of the collision. Dearing v. Ferrell, 165 F. Supp. 508 (W.D. Ark. 1958).
The evidence that a person negligently crossed the center line of highway in making a left-hand turn near the crest of a hill without giving any signal, when her view of approaching traffic was unobstructed for three-fourths of a mile and that of a driver approaching from the opposite direction was limited to approximately 100 feet, was sufficient to support the finding that she was 60% negligent and the other driver 40%. Hicks v. Hall, 253 Ark. 103, 484 S.W.2d 696 (1972).