“Whereas, the problem of road-user safety is paramount throughout the Nation among the problems relating to transportation of persons and goods by all media; and

“Whereas, the proper regulation and control of traffic upon and in use of the arterial highways, roads, and streets of the Nation is basic in any realistic approach to road-user safety; and

“Whereas, the determination of reasonable and prudent speeds can only be made through sound, objective engineering analyses of all the pertinent factors bearing upon the use of each section of State Highway; and

“Whereas, these objective engineering analyses are the province of highly trained professional and technological personnel; and

“Whereas, the regulation of both maximum and minimum speeds throughout the State Highway System is necessary first, for the safety, convenience, and comfort of the road-user and, second, for the conservation and protection of the public investment in that System; and

“Whereas, to achieve these ends this regulation must be determined by the highly competent trained personnel of the State Highway Department to achieve optimum results in the desired safety, operational, and conservation goals as the changing design and use of highway facilities and motor vehicles become increasingly more complex and technical;

“Now, therefore .”

Effective Dates. Acts 1937, No. 300, § 165: Mar. 23, 1937. Emergency clause provided: “It is hereby ascertained and determined by the General Assembly that the proper regulation of traffic on the highways is a necessary function of the State Government, and that the loss of life and property under the present laws creates an emergency. Therefore, this act being necessary for the immediate preservation of the public peace, health and safety, shall go into effect immediately upon its passage and approval.”

Acts 1939, No. 179, § 2: effective 30 days after passage and approval. Approved Mar. 9, 1939. Emergency clause provided: “It is found that driving at an excessive rate of speed is the cause of a large percentage of the fatalities on the highways of this state and that such excess of speed creates a hazard upon our highways and that heavily loaded trucks when driven at a high rate of speed excessively damage the highways of this state. Therefore an emergency is found 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 thirty days from its passage and approval.”

Acts 1971, No. 61, § 7: Feb. 8, 1971. Emergency clause provided: “The General Assembly finds that the State of Arkansas is in immediate need of proper regulation and control of traffic upon and in use of the arterial highways, roads and streets of the State in any basic approach to road-user safety. Accordingly an emergency is declared to exist, and this Act being necessary for the preservation of the public health, peace and safety shall be effective from and after its passage and approval.”

Acts 1977, No. 229, § 7: July 1, 1977.
Research References

ALR.

Possession or operation of device for detecting or avoiding traffic radar as criminal offense. 17 A.L.R.4th 1334.

Am. Jur. 7A Am. Jur. 2d, Auto., § 218 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 29(1) et seq.

60A C.J.S., Motor Veh., § 290(1) et seq.

U. Ark. Little Rock L. Rev

Survey of Arkansas Law, Torts, 1 U. Ark. Little Rock L. Rev 264.

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