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Title 27 Transportation

Subtitle 4. Motor Vehicular Traffic

Chapter 53 Accidents

Subchapter 3 - Investigations

27-53-301. Purpose.

27-53-302. Definitions.

27-53-303. Jurisdiction and responsibilities of law enforcement officers.

27-53-304. Report forms.

27-53-305. Reports to be public records.

27-53-306. Notification to landowners.

Preambles. Acts 1967, No. 246 contained a preamble which read:

“Whereas, the soaring trend in traffic accidents and the resulting deaths, injuries, and damage to property demand an all-out effort to curtail such needless destruction, not only in Arkansas but also throughout the Nation; and

“Whereas, the Congress of the United States has recognized the seriousness of this situation, through the passage of the 1966 Highway Safety Act (Public Law 89-564) to require uniform and orderly measures in each state in an attempt to reduce traffic accidents; and, to assure compliance with the provisions of this Act, has imposed a penalty clause therein which would withhold Federal-aid highway funds from those states that fail to comply with the provisions of the Safety Law; and

“Whereas, the Safety Act specifically calls for an effective system of accident records and of accident investigations to determine probable causes of accidents, injuries, and deaths; and

“Whereas, adequate and full investigation and report of each traffic accident provides a basic source of information necessary to assure adequate enforcement of traffic laws and regulations; and

“Whereas, at the present time the State of Arkansas has no law requiring the investigation and reporting of all traffic accidents;

“Now, therefore .”
Case Notes



Penalty.

Reporting Privilege.

Penalty.

Although § 27-53-201 subjects to statutory fine or suspension of license to drive any motorist who fails to render a required automobile accident report, there is no such penalty for a motorist who refuses to answer the questions of the investigating officer. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

Reporting Privilege.

Although § 27-53-208(b)(1) grants the so-called “automobile accident report privilege,” this subchapter contains no such automobile accident report privilege provision. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).

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