27-35-201. Operating vehicle exceeding size or weight limitations unlawful.
27-35-202. Penalties for overweight vehicles.
27-35-203. Single and tandem axle load limits.
27-35-204, 27-35-205. [Repealed.]
27-35-207. Height of vehicles.
27-35-208. Length of vehicles.
27-35-209. Forestry machinery exemptions.
27-35-210. Permits for special cargoes.
27-35-211. Disposition of fees and penalties.
27-35-213. Persons permitted to stop and direct traffic.
Preambles. Acts 1971, No. 264 contained a preamble which read:
“Whereas, it is necessary to regulate the movement of all mobile home units moved on the highways, roads and streets of this State in excess of 8 feet in width in order to protect the traveling public; and
“Whereas, the interstate and intrastate movement of such mobile home units is now restricted to those mobile home units 12 feet wide or less; and
“Whereas, several manufacturing companies in the State of Arkansas are now manufacturing mobile homes which are wider than 12 feet;
“Now, therefore .”
Effective Dates. Acts 1955, No. 98, § 11: Feb. 22, 1955. Emergency clause provided: “It has been found and determined by the General Assembly of the State of Arkansas that Act 152 of 1953 has been held unconstitutional and void by the Chancery Court of Pulaski County, Arkansas; that the previous laws relating to the subject of this Act are wholly inadequate to properly regulate and control the operation of large vehicles on the roads and highways of the State of Arkansas, and to properly protect said roads and highways; and that there is an immediate and urgent need for the regulation and control of such vehicles and the protection of said roads and highways. Therefore, an emergency is declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in full force from and after the date of its passage and approval.”
Acts 1955, No. 192, § 2: Mar. 14, 1955. Emergency clause provided: “It is hereby determined by the General Assembly that the charges established in Act 98 of 1955 for special overloading permits are wholly inadequate and inequitable, and that the immediate passage of this Act is necessary to establish a system of reasonable charges which will reimburse the State for the damage which is estimated to result to the State's highways as a result of such overloading. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1963, No. 78, § 6: Feb. 22, 1963. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws governing maximum vehicle length and maximum vehicle weights are imposing extreme hardships upon trade and commerce and are discriminating against Arkansas vehicles traveling in other states, thereby imposing financial hardship upon Arkansas residents; that the maximum weight laws presently in effect permit excessive loads on the front steering axle of vehicles thereby endangering the public safety, and that immediate action is necessary to correct the aforegoing situations. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1965, No. 17, § 4: Feb. 1, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of Subsection (c) of Section 5 of Act 98 of 1955 as amended by Section 3 of Act 78 of 1963, has worked an undue hardship upon a number of highway users in this State, and that considerable confusion has arisen over the enforcement of said subsection; and, that in order to clarify the provisions of said subsection, and in order that legitimate commerce shall not be stifled or handicapped in the enforcement of such Act, it is immediately necessary that correction thereof be made for the purpose of clarifying the enforcement of said Act, and the application thereof to many highway users in this State, therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1965 (1st Ex. Sess.), No. 45, § 3: June 10, 1965. Emergency clause provided: “It has been found and determined by the General Assembly of Arkansas that the exemption provided in Subsection (a) of Section 6 of Act 98 of 1955, as amended by Act 436 of 1965, from the requirement of a permit for the movement of overwidth farm machinery and equipment within a radius of fifty (50) miles, is contrary to certain federal regulations insofar as such exemption is applicable with respect to the movement of such machinery and equipment on the highways in this State designated and known as the National System of Interstate and Defense Highways; that since such exemption is contrary to certain federal regulations it may jeopardize certain federal funds which would otherwise be available for highway construction in this State; and, that it is immediately necessary that this exemption be restricted so as not to apply to the movement of such machinery and equipment on the National System of Interstate and Defense Highways in this State. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”
Acts 1967, No. 109, § 3: Feb. 20, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing laws of this State concerning the overall length of motor vehicles are inadequate and that immediate change in said law is necessary to prevent discrimination with respect to the length of vehicles using the highways of this State, and that the immediate passage of this Act is necessary to correct this situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1969, No. 103, § 4: Feb. 25, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that many owners of trucks in this State are being subjected to severe penalties with respect to minor overloading of a particular axle or combination of axles on the vehicle; that because of the circumstances requiring the loading of many vehicles in the forest, on the farm, at mines, warehouses and other loading points where vehicular scales are not available, it is often difficult for vehicle operators to determine that the axle load is always within the strict limitations of the law; and that the immediate passage of this Act is necessary to establish lawful tolerances which shall be allowed in enforcement of the laws covering maximum axle loads thereby relieving truck operators in this State of undue harassment, fines and penalties. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1971, No. 97, § 4: Feb. 15, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of Subsection (c) of Section 5 of Act 98 of 1955, as amended by Section 3 of Act 78 of 1963, has worked an undue hardship upon a number of users of special mobile equipment in this State and in order that such highway users not be unduly restricted in desirable and legitimate public and commercial enterprises the immediate passage of this Act is necessary to provide the needed change in the law relating to the maximum weights allowable on front steering axles under special permits. Therefore, an emergency is hereby declared to exist and this Act being necessary for the needed preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1971, No. 264, § 11: became law without Governor's signature, Mar. 12, 1971. Emergency clause provided: “It has been found and it is declared by the General Assembly of Arkansas that the laws governing the movement of mobile home units interstate and intrastate are inadequate and place undue restrictions on the movement of such units, that the Highway Department should have the authority to designate the highways and specify conditions under which certain mobile home units may be moved in order to facilitate their movement in a safe manner and develop the mobile home industry in Arkansas; and that the immediate passage of this Act is necessary to provide needed changes in the law relating to the moving of mobile home units in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the needed preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1977, No. 431, § 3: Mar. 16, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the fuel shortage in this country makes it desirable that goods be moved in the most economic manner feasible; that the extension of the maximum length of trucks used on highways of this State would promote fuel economy and would make the transportation of commodities more economical; that this Act is designed to authorize trucks of additional length to operate on public highways and to thereby promote fuel economy and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1981, No. 304, § 3: Mar. 4, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present restriction of a maximum eight (8) foot width for passenger buses is inequitable and obsolete, and that this Act is immediately necessary to make the law conform to modern standards of passenger bus construction. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1981, No. 807, § 3: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law relating to special permits for the movement of overlength cranes is unduly restrictive in that a separate permit must be requested for each movement or for any movements within a period of six (6) consecutive days, within the same county; that such restriction places a severe hardship on crane operators in that such equipment cannot be readily moved to accommodate urgent requests for use of the equipment; that this Act is designed to provide for the issuance of an annual permit for the movement of such cranes for a period of one (1) year, and within a thirty-five (35) mile radius of the point of origin of such movement, and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1983, No. 7, § 7: Jan. 31, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present maximum weight limits for vehicles operated upon certain highways in the state are unduly restrictive and result in unnecessary costs for transportation of goods and in the unnecessary consumption of fuel; that this Act is designed to increase maximum weights for vehicles on those highways in the state that are designed to support the greater weight while at the same time protecting those highways that are not adequate to support the heavier vehicles; that the increase of maximum truck weights on the main arteries of commerce in the state is essential to the continued growth and development of the state and that this act should be given effect immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after this bill is signed by the Governor.”
Acts 1983, No. 580, § 4: Mar. 21, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that vehicles hauling animal feed for consumption in this State should be permitted a variance above the allowable gross weight otherwise provided by law and that vehicles hauling sand, gravel, rock or crushed stone should be exempt from the Federal Bridge Formula on non-interstate highways and this Act is immediately necessary to grant such exemptions and variances. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1983, No. 685, § 6: emergency failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that the current highway-user tax and fee structure does not allocate highway costs in an equitable manner among the various classes of highway users, and that the increased weight limits enacted by this Assembly will jeopardize the investment in the State's highways necessitating the annual expenditure of additional monies to negate such damage; and that only by the immediate passage of this Act may highway-user taxes and fees be adjusted to more equitably equalize the allocation of highway costs among the various classes of highway users and provide vitally needed additional funds to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1983.”
Acts 1985, No. 337, § 3: Mar. 13, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that it should be lawful to transport round bales of hay if the load is not in excess of twelve (12) feet in width upon the public highways and roads of this State, and that this Act is immediately necessary to authorize the same. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1985, No. 415, § 5: Mar. 19, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that considerable confusion and disagreement have arisen concerning eligibility of vehicles licensed as five axle natural resources vehicles for the eight percent (8%) variance authorized in subsection (g) of Section 5 of Act 98 of 1955, as amended; that it is the purpose and intent of this Act to clarify said subsection (g) in order to assure that such vehicles are eligible for the eight percent (8%) variance; and that some agencies of state government are interpreting Ark. Stat. Ann. 75-201(C)(8) differently than it was intended to be interpreted by the General Assembly and that it is necessary for the General Assembly to reaffirm its long standing policy of allowing natural resource licensees to haul natural resource products at the maximum gross loaded weights permitted to be hauled by any other type of licensee. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1987, No. 278, § 3: Mar. 17, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present statute granting a weight variance for vehicles hauling unfinished and unprocessed farm products, forest products, and other products of the soil is being misinterpreted by some law enforcement officials; that in order to eliminate the confusion and misinterpretation, clarification of the statute is necessitated; that this act makes such clarification; and that until this act goes into effect, the misinterpretation may continue with the resulting unfair treatment of some farm products haulers. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1987 (2nd Ex. Sess.), No. 3, § 12: Oct. 9, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Seventy-fourth General Assembly enacted legislation increasing the maximum weight limit on heavy trucks in this State from 73,280 pounds to 80,000 pounds, and also enacted a Highway Use Equalization Tax law designed to produce additional revenues to help offset the additional cost of constructing and maintaining the State highway system at standards to accommodate the increased truck weight; that a recent decision of the United States Supreme Court involving the axle tax in Pennsylvania has raised questions with respect to the constitutionality of the Highway Use Equalization Tax as imposed by the Seventy-fourth General Assembly; that the loss of such revenues in the event of an adverse court decision would jeopardize the investment in the State's highways, necessitating the annual expenditure of additional monies to negate the damage caused by the increased weight law; and that only by the immediate passage of this Act may Highway User taxes and fees be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1989, No. 638, § 4: Mar. 17, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the current interpretation of law relating to the operation of five axle vehicles which are granted an eight percent variance under Arkansas Code § 27-35-203(g), when such vehicles are found to be overweight, the fines and penalties are assessed without giving consideration to the eight percent weight variance authorized by law; that this provision of law is inequitable in that less severe penalties are applied to other five axle vehicles which are found to be overweight; that this act is designed to correct this inequitable situation and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1991, No. 219, § 10: Feb. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that many of the highways, roads and streets in this state are operationally inadequate and immediate steps must be taken to provide additional funds for the maintenance, construction and reconstruction of such highways, roads and streets; that proper maintenance, construction and reconstruction of such highways, roads and streets is essential to the public health, welfare and safety of the people of this state and that only by the immediate passage of this act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after the first day of the first month immediately following its passage and approval.”
Acts 1991, No. 704, § 5: Mar. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that special provisions providing for the permitting of overweight mobile cranes should be incorporated into the laws of this State; that current provisions of those laws result in an inequity as they pertain to the movement of such overweight mobile cranes and that only by the immediate passage of this act may such inequity be negated. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1991, No. 1031, § 6: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that unless subsections (b) and (e) of Arkansas Code § 27-35-203 are amended, thus insuring that Arkansas laws are compatible with federal laws and regulations, federal-aid highway funds accruing to this state will be withheld; that such federal-aid highway funds are essential to the highway, road, and street programs of this state; and that in the event of an extension of the 1991 Regular Session, the delay of the effective date of this act could work irreparable harm upon the proper administration and provision of these essential highway, road, and street programs. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1991, No. 1231, § 6: Apr. 10, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that unless subsections (b) and (e) of Arkansas Code § 27-35-203 are amended, thus insuring that Arkansas laws are compatible with federal laws and regulations, federal-aid highway funds accruing to this state will be withheld; that such federal-aid highway funds are essential to the highway, road, and street programs in this state; and that in the event of an extension of the 1991 Regular Session, the delay of the effective date of this act could work irreparable harm upon the proper administration and provision of these essential highway, road, and street programs. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1992 (1st Ex. Sess.), Nos. 68 and 69, § 10: Mar. 20, 1992. Emergency clause provided: “It is hereby found and determined by the General Assembly that a number of farmers in this state have recently purchased vehicles for the purposes of transporting compressed seed cotton from the farm to the market; that unfortunately many such vehicles exceed the current width and length laws of this state and when loaded with such compressed seed cotton at times exceed the current maximum weight laws; that unless the width, length and weight laws of this state are amended, such farmers will suffer a severe economic hardship; that the application for and securance of a special permit from the Arkansas State Highway Commission would result in an unduly cumbersome and burdensome process not only for the farmer but also for the state and that only by the immediate effectiveness of this Act may these problems be solved. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1995, No. 851, § 10: Mar. 31, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly of the State of Arkansas that the current provisions of Arkansas law providing for penalties for overweight violations are wholly inadequate as a deterrent to unlawful movements of overweight vehicles and that only by the immediate implementation of new penalties by this act may this problem be solved. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”
Acts 1997, No. 1026, § 6: Apr. 2, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that confusion and disagreement have arisen regarding the enforcement of the safety of operation and equipment regulations of the State Highway Commission with regard to the presentation of certain documents by operators of heavy commercial vehicles and the authority of the enforcement officers of the Commission to place out of service drivers who have either refused to present the required documents or have exceeded the maximum amount of driving time, without any type of rest, in violation of such rules and regulations and, consequently, unless placed out of service at that time, creating an extreme safety hazard to the traveling public; and that it is the purpose of this act to clarify the law to insure that this safety hazard is prevented and that until this act becomes effective such confusion may continue to arise. Additionally, it is hereby found and determined by the General Assembly that the owners and operators of certain types of equipment, which equipment is moved on the highways under special permit from the State Highway Commission generally in a limited number of counties for special uses, are frequently unable to cross county lines, even for a short distance, without procuring an additional permit from that Commission; that there are times when this has created a hardship to the welfare of the citizens of the state, particularly after the onset of severe storms or other disaster; that until this act becomes effective such hardship will continue to exist and it is the intent of this act to abate such hardships. It is further found and determined by the General Assembly that only by the immediate effectiveness of this act may such problems be solved or abated. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 1999, No. 1571, § 5: Apr. 15, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the movement in international commerce of sealed containerized cargo units from one mode of transportation to another at times necessitates the movement of such containers upon the highways; that the current law does not authorize the movement of such containers upon the highways of this state; that such movement is vital to the economic growth of this state by enhancing the availability of international markets and trade; that until this act becomes effective the citizens of this state will not be able to avail themselves of such markets and trade in a meaningful manner; and that only by the immediate passage and effectiveness of this act may this problem be solved. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 2003, No. 331, § 3: Mar. 6, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the economic recession has created an extremely competitive environment for transporting over-length loads of manufactured goods and commodities; that requiring two (2) escort vehicles for over-length loads and imposing additional registration requirements for escort vehicles increases transportation costs for Arkansas' manufacturers and shippers; that other provisions of Arkansas law authorize the Arkansas Highway and Transportation Department to impose escort vehicle requirements and specify escort vehicle standards when issuing and administering permits for loads restricted by law; and this act is immediately necessary because all transportation costs must be kept competitive to keep jobs in Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”
Case Notes
The provisions of this subchapter did not repeal or supersede §§ 14-54-103, 14-55-101 - 14-55-103, or 14-301-101, and city was authorized under those sections to regulate the use of streets by trucks. House v. City of Texarkana, 225 Ark. 162, 279 S.W.2d 831 (1955).