WHEREAS, Arkansas Act 397 of the Acts of the General Assembly of the State of Arkansas for 1955, as amended, (“Arkansas Motor Carrier Act, 1955”) states, in part, “It shall be the duty of the Commission... to administer, execute, and enforce all other provisions of this Act; to make all necessary orders in connection there with, and to prescribe rules, regulations, and procedures for such administration, and further states, in part, “The Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of the Act and such enforcement officers shall have the authority to make arrests for violation of any court, the Commission, its secretary or any employee authorized to issue same, and to this end shall have full authority, with jurisdiction within the entire State of Arkansas. Such enforcement officers upon reasonable belief that any motor vehicle is being operated in violation of any provisions of this Act, shall be authorized to require the driver thereof to stop and exhibit the registration certificate issued for such vehicle, to submit to such enforcement officer for inspection any and all bills of lading, waybills, invoices or other evidences of the character of the lading being transported in such vehicle and to permit such officer to inspect the contents of such vehicle for the purpose of evidence of ownership or of transportation for compensation. It shall be the further duty of such enforcement officers to impound any books, papers, bills of lading, waybills and invoices which would indicate the transportation service being performed is in violation of this Act, subject to the further orders of the Court having jurisdiction over the alleged violation; and
WHEREAS, Arkansas Act 153, of the Acts of the General Assembly of the State of Arkansas for the 1st Extraordinary Session of 1989, states, in part, “On and after the effective date of this Act, the Transportation Safety Agency shall cease to exist, and all authority, rights, powers, duties, privileges and jurisdiction of the Transportation Safety Agency, now prescribed by Sections 1 and 2 of Act 572 of 1987 and other laws, including, but not limited to, the regulation of transportation for compensation, safety of operation of public carriers, the highway safety program authorized by Act 161 of 1967 or Arkansas Code Annotated §27-73-102, et. seq., certification and review of assessment for ad valorem taxation, and matters concerning rates, charges, and services of such carriers, are hereby expressly conferred upon the Arkansas State Highway and Transportation Department as fully as if so named in any law or laws of this State and are hereby transferred to said Department,” and further states, in part, “On and after the effective date of this Act, the Transportation Regulatory Board of the Transportation Safety Agency shall cease to exist and all regulatory functions, powers and duties of the Transportation Regulatory Board of the Transportation Safety Agency now prescribed by Section 1 of Act 572 of 1987 and other laws of this State are hereby expressly conferred upon and transferred to the Arkansas State Highway Commission”.
NOW THEREFORE, let it be known that the Arkansas Highway Commission hereby names and appoints solely the law enforcement officers of the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department whom the Chief of the Arkansas Highway Police Division finds qualified to enforce all provisions of these Acts, and make arrests for violation(s) and/or noncompliance with these Acts, as provided. Furthermore, the Chief of the Arkansas Highway Police Division shall keep a current list on file in his office of all officers authorized to enforce, police, and make arrests under the provisions of these Acts.