ARKANSAS Motor Vehicle and Traffic Laws and State Highway Commission Regulations

Transcription

1 ARKANSAS Motor Vehicle and Traffic Laws and State Highway Commission Regulations 2011 Edition Issued by Authority of the Arkansas State Highway and Transportation Department and the Department of Finance and Administration

2 QUESTIONS ABOUT THIS PUBLICATION? For CUSTOMER SERVICE ASSISTANCE concerning replacement pages, shipments, billing, reprint permission, or other matters, please call Customer Service Department at or visit our interactive customer service website at For EDITORIAL content questions concerning this publication, please For information on other LEXISNEXIS MATTHEW BENDER publications, please call us at or visit our online bookstore at ISBN: by the State of Arkansas. All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark of Matthew Bender Properties Inc. Matthew Bender & Company, Inc. Editorial Offices 701 E. Water Street Charlottesville, VA Product Number (Pub )

3 Arkansas State Highway and Transportation Department Director of Highways and Transportation Scott Bennett Deputy Director and Chief Engineer Frank Vozel Arkansas State Highway Commission R. Madison Murphy, Chairman, El Dorado John Ed Regenold, Vice Chairman, Armorel John Burkhalter, Little Rock Dick Trammel, Rogers Tom Schueck, Little Rock Department of Finance and Administration Director Richard Weiss Administrator, Office of Motor Vehicles Roger Duren

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5 Foreword This digest of statutes and official regulations governing use of public highways, roads, and streets in Arkansas and control of motor vehicles and operators permitted on these facilities is published as a service in the public interest. A safer, more convenient, and more orderly utilization of Arkansas s highway, road, and street systems is the objective. Sections relating to administration of motor vehicles registration, licenses, titles, equipment, vehicle operator licensing, and collection of motor vehicle fees and taxes outline responsibilities of the Department of Finance and Administration. Sections relative to administration of highways, roads, and streets and regulation of weights, size, and movements of traffic thereon set forth powers, duties, and functions of the State Highway and Transportation Department. The Arkansas General Assembly requires these two state agencies to: (a) interpret and disseminate statutory requirements in these two areas, (b) develop and promulgate policies complementary to these codes, and (c) prepare, publish, and enforce through proper channels, the regulations required by these codes. Questions regarding application or interpretation of laws and regulations should be addressed to the appropriate State agency. v

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7 Table of Contents Page Table of Sections Affected... xv Title 5. Criminal Offenses. Subtitle 1. General Provisions. Chapter 4. Disposition of Offenders. Subchapter 2. Fines, Costs, and Restitution, Subtitle 3. Offenses Involving Families, Dependents, Etc. Chapter 27. Offenses Against Children or Incompetents. Subchapter 5. Fraudulent Identification Documents for Minors, Subtitle 4. Offenses Against Property. Chapter 36. Theft. Subchapter 1. General Provisions, Chapter 38. Damage or Destruction of Property. Subchapter 2. Offenses Generally, Subtitle 6. Offenses Against Public Health, Safety or Welfare. Chapter 64. Controlled Substances. Subchapter 7. Provisions Relating to the Uniform Controlled Substances Act, Chapter 65. Driving While Intoxicated. Subchapter 1. General Provisions, to Subchapter 2. Chemical Analysis of Body Substances, to Subchapter 3. Underage Driving Under the Influence Law, to Subchapter 4. Administrative Driver s License Suspension, to Chapter 67. Highways and Bridges, to Chapter 71. Riots, Disorderly Conduct, Etc. Subchapter 2. Offenses Generally, Chapter 73. Weapons. Subchapter 1. Possession and Use Generally, , Chapter 77. Official Insignia. Subchapter 2. Emergency Lights and Law Enforcement Insignia Sales, to Subchapter 3. Blue Light Sales, Title 6. Education. Subtitle 2. Elementary and Secondary Education Generally. Chapter 18. Students. Subchapter 2. Attendance, Chapter 19. Transportation, to , , to Chapter 21. School Property and Supplies. Subchapter 7. School Motor Vehicle Insurance Act, to Subtitle 4. Vocational and Technical Education. Chapter 51. Vocational and Technical Schools. Subchapter 1. General Provisions, Title 8. Environmental Law. Chapter 6. Disposal of Solid Wastes and Other Refuse. Subchapter 4. Litter Control Act, to Title 9. Family Law. Subtitle 2. Domestic Relations. Chapter 14. Spousal and Child Support. Subchapter 2. Enforcement Generally, vii

8 TABLE OF CONTENTS viii Page Title 12. Law Enforcement, Emergency Management, and Military Affairs. Subtitle 2. Law Enforcement Agencies and Programs. Chapter 8. Department of Arkansas State Police. Subchapter 1. General Provisions, , , Chapter 12. Crime Reporting and Investigations. Subchapter 2. Arkansas Crime Information Center, , , Subtitle 4. Military Affairs. Chapter 62. Military Personnel. Subchapter 4. Privileges, to , Subtitle 5. Emergency Management. Chapter 79. Arkansas Hazardous and Toxic Materials Emergency Notification Act, to Title 14. Local Government. Subtitle 3. Municipal Government. Chapter 54. Powers of Municipalities Generally. Subchapter 14. Miscellaneous Regulations, Title 16. Practice, Procedure, and Courts. Subtitle 2. Courts and Court Officers. Chapter 10. General Provisions. Subchapter 3. Uniform Filing Fees and Court Costs, Title 20. Public Health and Welfare. Subtitle 2. Health and Safety. Chapter 14. Individuals with Disabilities. Subchapter 3. Rights Generally, Chapter 17. Death and Disposition of the Dead. Subchapter 5. Anatomical Gifts Generally, Chapter 32. Disposal of Commercial Medical Waste, to Title 21. Public Officers and Employees. Chapter 9. Liability of State and Local Governments. Subchapter 3. Liability of Political Subdivisions, Title 23. Public Utilities and Regulated Industries. Subtitle 1. Public Utilities and Carriers. Chapter 11. Establishment and Organization of Railroads. Subchapter 1. General Provisions, Chapter 12. Operation and Maintenance of Railroads. Subchapter 2. Roadbeds and Rights-of-Way, Subchapter 3. Crossings and Switches, , Subchapter 10. Regulation of Railroad Crossings, to Chapter 13. Motor Carriers. Subchapter 1. General Provisions, , Subchapter 2. Motor Carrier Act, to , , , , to , , , , to Subchapter 4. Passengers, to [Repealed] Chapter 16. Miscellaneous Provisions Relating to Carriers. Subchapter 3. Uninsured Motorist Liability Insurance, Subtitle 3. Insurance. Chapter 79. Insurance Policies Generally. Subchapter 3. Minimum Standards Commercial Property and Casualty Insurance Policies, , Chapter 89. Casualty Insurance. Subchapter 2. Automobile Liability Insurance Generally, , , to

9 ix TABLE OF CONTENTS Page Subtitle 4. Miscellaneous Regulated Industries. Chapter 112. Arkansas Motor Vehicle Commission Act. Subchapter 1. General Provisions, Subchapter 3. Licensing and Regulation, , Subchapter 6. Used Motor Vehicle Buyers Protection, Subchapter 9. Recreational Vehicle Special Events, to Title 26. Taxation. Subtitle 5. State Taxes. Chapter 52. Gross Receipts Tax. Subchapter 3. Imposition of Tax, , , to Subchapter 4. Exemptions, Subchapter 5. Returns and Remittance of Tax, , , , Chapter 53. Compensating or Use Taxes. Subchapter 1. Arkansas Compensating Tax Act of 1949, Chapter 55. Motor Fuels Taxes. Subchapter 1. General Provisions, Title 27. Transportation. Subtitle 1. General Provisions. Chapter 2. Hazardous Materials Transportation Act of 1977, , to Subtitle 2. Motor Vehicle Registration and Licensing. Chapter 13. General Provisions, to Chapter 14. Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act. Subchapter 1. General Provisions, to Subchapter 2. Definitions, to Subchapter 3. Penalties and Administrative Sanctions, to Subchapter 4. Office of Motor Vehicle, to Subchapter 5. Commission for Reciprocal Agreements, to Subchapter 6. Registration and License Fees, to Subchapter 7. Registration and Certificates of Title, to Subchapter 8. Liens and Encumbrances, to Subchapter 9. Transfers of Title and Registration, to Subchapter 10. Permanent Automobile Licensing Act, to Subchapter 11. Special Personalized Prestige License Plates, to Subchapter 12. Permanent Trailer Licensing Act, to Subchapter 13. Trucks and Trailers, to Subchapter 14. Buses, to Subchapter 15. Taxicabs, , Subchapter 16. Manufactured Homes and Mobile Homes, to Subchapter 17. Plates for Manufacturers, Transporters, and Dealers, to Subchapter 18. Vehicles in Transit to Dealers, to Subchapter 19. Transporting of Motor Homes by Manufacturers, to Subchapter 20. Licensing of Dealers and Wreckers, to Subchapter 21. Drive-out Tags, to Subchapter 22. Theft of Vehicles and Parts, to Subchapter 23. Disclosure of Damage and Repair on the Certificate of Title, to Subchapter 24. Temporary Registration Exemption [Repealed]

10 TABLE OF CONTENTS x Page Chapter 15. Registration and Licensing Special Uses. Subchapter 1. General Provisions, , Subchapter 2. Handicapped Persons Generally [Repealed] Subchapter 3. Access to Parking for Persons with Disabilities Act, to Subchapter 4. Disabled Veterans In General [Repealed] Subchapter 5. Disabled Veterans License for Furnished Automobiles [Repealed] 153 Subchapter 6. Disabled Veterans World War I [Repealed] Subchapter 7. Disabled Veterans Nonservice Injuries [Repealed] Subchapter 8. Medal of Honor Recipients [Repealed] Subchapter 9. Purple Heart Recipients [Repealed] Subchapter 10. Ex-Prisoners of War [Repealed] Subchapter 11. Military Reserve [Repealed] Subchapter 12. United States Armed Forces Retired [Repealed] Subchapter 13. Public Use Vehicles Local Government [Repealed] Subchapter 14. Public Use Vehicles State Government [Repealed] Subchapter 15. Public Use Vehicles Federal Government [Repealed] Subchapter 16. Members of General Assembly [Repealed] Subchapter 17. Game and Fish Commission [Repealed] Subchapter 18. Volunteer Rescue Squads [Repealed] Subchapter 19. Religious Organizations [Repealed] Subchapter 20. Youth Groups [Repealed] Subchapter 21. Orphanages [Repealed] Subchapter 22. Historical or Special Interest Vehicles, to Subchapter 23. Antique Motorcycles, to Subchapter 24. Amateur Radio Operators, to Subchapter 25. Pearl Harbor Survivors [Repealed] Subchapter 26. Merchant Marine [Repealed] Subchapter 27. Firefighters [Repealed] Subchapter 28. Special License Plates for County Quorum Court Members [Repealed] Subchapter 29. Special Collegiate License Plates [Repealed] Subchapter 30. Special Civil Air Patrol License Plates [Repealed] Subchapter 31. Special Search and Rescue License Plates, to Subchapter 32. Ducks Unlimited [Repealed] Subchapter 33. World War II Veterans, Korean War Veterans, Vietnam Veterans, and Persian Gulf Veterans [Repealed] Subchapter 34. Additional Game and Fish Commission Plates [Repealed] Subchapter 35. Committed to Education License Plates [Repealed] Subchapter 36. Armed Forces Veteran License Plates [Repealed] Subchapter 37. Special Retired Arkansas State Trooper License Plates [Repealed] 161 Subchapter 38. Distinguished Flying Cross [Repealed] Subchapter 39. Choose Life License Plate [Repealed] Subchapter 40. Miscellaneous, to Subchapter 41. Susan G. Komen Breast Cancer Education, Research, and Awareness License Plate [Repealed] Subchapter 42. Division of Agriculture License Plate [Repealed] Subchapter 43. Constitutional Officer License Plate [Repealed] Subchapter 44. African-American Fraternity and Sorority License Plate [Repealed] 162 Subchapter 45. Boy Scouts of America License Plate [Repealed] Subchapter 46. Arkansas Cattlemen s Foundation License Plate [Repealed] Subchapter 47. Organ Donor Awareness License Plate [Repealed] Subchapter 48. Operation Iraqi Freedom Veteran License Plate [Repealed]

11 xi TABLE OF CONTENTS Page Subchapter 49. In God We Trust License Plate, to Subchapter 50. Operation Enduring Freedom Veteran License Plate [Repealed] Subchapter 51. Arkansas State Golf Association License Plate, to Subchapter 52. Arkansas Fallen Firefighters Memorial Special License Plate, to Subchapter 53. Realtors License Plate [Repealed] Chapter 16. Driver s Licenses Generally. Subchapter 1. General Provisions, to Subchapter 2. Definitions, to Subchapter 3. Penalties, to Subchapter 4. Office of Driver Services, to Subchapter 5. Administration Generally, to Subchapter 6. Licensing Requirements, to Subchapter 7. Application and Examination, to Subchapter 8. Issuance of Licenses and Permits, to Subchapter 9. Expiration, Cancellation, Revocation, or Suspension, to Subchapter 10. Special Provisions Regarding Chauffeurs [Repealed] Subchapter 11. Driver s License Security and Modernization Act, to Subchapter 12. Arkansas Voluntary Enhanced Security Driver s License and Identification Card Act, to Chapter 17. Driver License Compact, to Chapter 18. Driver Education Program, to Chapter 19. Motor Vehicle Safety Responsibility Act. Subchapter 1. General Provisions, to Subchapter 2. Definitions, to Subchapter 3. Penalties and Administrative Sanctions, to Subchapter 4. Administration, to Subchapter 5. Accident Reports, to Subchapter 6. Security Following Accident, to Subchapter 7. Proof of Future Financial Responsibility, Chapter 20. Operation of Motorized Cycles and All-Terrain Vehicles. Subchapter 1. Motorcycles, Motor-Driven Cycles, and Motorized Bicycles, to Subchapter 2. Three-Wheeled, Four-Wheeled, and Six-Wheeled All-Terrain Vehicles, to Subchapter 3. Electric Autocycles, to Chapter 21. All-Terrain Vehicles, to Chapter 22. Motor Vehicle Liability Insurance, to Chapter 23. Commercial Driver License. Subchapter 1. Arkansas Uniform Commercial Driver License Act, to Subchapter 2. Commercial Driver Alcohol and Drug Testing Act, to Chapter 24. Special License Plate Act of Subchapter 1. General Provisions, to Subchapter 2. Military Service and Veterans, to Subchapter 3. Public Use Vehicles Local Government, to Subchapter 4. Public Use Vehicles State Government, , Subchapter 5. Public Use Vehicles Federal Government, Subchapter 6. Nominal Fee Plates, to Subchapter 7. Members of the General Assembly, to Subchapter 8. Constitutional Officers, to

12 TABLE OF CONTENTS xii Page Subchapter 9. Arkansas State Game and Fish Commission, to Subchapter 10. Colleges, Universities and Arkansas School for the Deaf, to Subchapter 11. Agriculture Education, to Subchapter 12. Fraternities and Sororities, to Subchapter 13. Public and Military Service Recognition, to Subchapter 14. Special Interest License Plates, to Subchapter 15. Street Rod Special License Plates, to Subchapter 16. Department of Parks and Tourism, to Subchapter 17. Conservation Districts, to Chapters [Reserved] Subtitle 3. Motor Vehicles and Their Equipment. Chapter 34. Child Passenger Protection Act, to Chapter 35. Size and Load Regulations. Subchapter 1. General Provisions, to Subchapter 2. Weights and Dimensions, to Subchapter 3. Manufactured Homes and Houses, to Chapter 36. Lighting Regulations. Subchapter 1. General Provisions, , Subchapter 2. Lighting Requirements Generally, to Subchapter 3. Lights for Emergency Vehicles, to Chapter 37. Equipment Regulations. Subchapter 1. General Provisions, to Subchapter 2. Safety and Emergency Equipment, to Subchapter 3. Glass and Mirrors, to Subchapter 4. Tires, , Subchapter 5. Brakes, to Subchapter 6. Mufflers, , Subchapter 7. Mandatory Seat Belt Use, to Subchapter 8. Eric s Law: The Nitrous Oxide Prohibition Act, to Chapter 38. Automotive Fluids Regulation. Subchapter 1. Antifreeze, to Subchapter 2. Brake Fluid, to Chapters [Reserved] Subtitle 4. Motor Vehicular Traffic. Chapter 49. General Provisions. Subchapter 1. Title, Applicability, and Construction Generally, to Subchapter 2. Definitions, to Chapter 50. Penalties and Enforcement. Subchapter 1. General Provisions, , Subchapter 2. Enforcement Generally, to Subchapter 3. Offenses and Penalties Generally, to Subchapter 4. Additional Penalty, to Subchapter 5. Traffic Citations, to Subchapter 6. Arrest and Release, to Subchapter 7. Trial and Judgment, , Subchapter 8. Convictions, to Subchapter 9. Central Driver s Records File, to Subchapter 10. Reports of Accidents, to Subchapter 11. Abandoned Vehicles, , Subchapter 12. Removal of Unattended or Abandoned Vehicles, to

13 xiii TABLE OF CONTENTS Chapter 51. Operation of Vehicles Rules of the Road. Subchapter 1. General Provisions, to Subchapter 2. Speed Limits, to Subchapter 3. Driving, Overtaking, and Passing, to Subchapter 4. Turning, Stopping, and Signaling, to Subchapter 5. Intersections, to Subchapter 6. Stops and Yielding, to Subchapter 7. Railroad Grade Crossings, to Subchapter 8. Streetcars, to Subchapter 9. Emergency Vehicles, to Subchapter 10. School Buses, to Subchapter 11. Church Buses, to Subchapter 12. Pedestrians, to Subchapter 13. Stopping, Standing, or Parking, to Subchapter 14. Miscellaneous Rules, to Subchapter 15. Paul s Law: To Prohibit Drivers of Motor Vehicles from Using Handheld Wireless Telephones to Engage in Text Messaging, to Subchapter 16. Fewer Distractions Mean Safer Driving Act, to Chapter 52. Traffic-Control Devices. Subchapter 1. General Provisions, to Subchapter 2. Uniform System, to Chapter 53. Accidents. Subchapter 1. General Provisions, to Subchapter 2. Accident Reports, to Subchapter 3. Investigations, to Subchapter 4. Damage Claims, to Chapter 54. Nonresident Violator Compact, Chapters [Reserved] Subtitle 5. Highways, Roads, and Streets. Chapter 64. General Provisions. Subchapter 1. Miscellaneous Provisions, to Subchapter 5. Arkansas Highway Financing Act of 2011, to Chapter 65. Arkansas State Highway and Transportation Department State Highway Commission, to Chapter 66. Establishment and Maintenance Generally. Subchapter 5. Protection of Road Surfaces, to Chapter 67. State Highway System. Subchapter 1. General Provisions, to Subchapter 2. Highway Designation, Construction, and Maintenance, to Subchapter 3. Acquisition, Condemnation, and Disposition of Property, to Chapter 68. Controlled-Access Facilities, to Chapter 73. Highway Safety. Subchapter 1. General Provisions, , Subchapter 2. Flashing Lights Near Highways, to Subchapter 3. Notice of Smoke Obstructing Highway, , Subtitle 6. Bridges and Ferries. Chapter 85. General Provisions, Subtitle 7. Watercourses and Navigation. Chapter 101. Watercraft. Subchapter 3. Motorboat Registration and Numbering, to

14 TABLE OF CONTENTS xiv Page Arkansas State Highway Commission Regulations Index

15 Table of Sections Affected Section Affected Effect Act No. Bill Section Amended SB Amended SB Amended SB Amended HB Amended HB Amended HB Amended SB Amended SB Amended SB Amended SB Amended HB Amended SB Amended SB New HB New HB New HB New HB New HB Amended HB Amended SB Amended SB Amended SB Amended SB Amended SB Amended SB New HB New HB Amended SB Amended SB New HB New SB Amended SB Amended SB Amended SB Amended SB New SB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB New HB New HB Amended HB Amended HB xv

16 TABLE OF SECTIONS AFFECTED xvi Section Affected Effect Act No. Bill Section Amended HB Amended HB Amended HB Amended HB New HB New HB New SB Amended HB Repealed HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended SB Amended HB Amended HB Amended HB Amended HB New HB New HB New HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB Amended SB Amended SB New HB New HB Amended HB Amended SB Amended SB Amended SB Amended SB New SB Amended SB Amended SB Amended SB Amended SB Amended SB New SB New HB New HB New HB New HB New SB

17 xvii TABLE OF SECTIONS AFFECTED Section Affected Effect Act No. Bill Section New SB New SB New SB Amended HB New SB Amended SB New SB Amended SB Amended SB Amended SB Amended SB Amended SB Amended HB Amended HB Amended SB Amended SB Amended HB Amended SB Amended SB Amended HB Amended HB Amended HB Amended SB Amended HB Amended HB Amended HB Amended HB Amended HB Amended HB New HB Amended HB Repealed SB Repealed SB Amended SB Amended SB Amended SB Repealed SB New SB New SB New HB New HB New HB New HB New HB New HB New HB New HB New HB New HB New HB New HB New HB New HB New HB

18 TABLE OF SECTIONS AFFECTED xviii Section Affected Effect Act No. Bill Section Amended HB New SB

19 Arkansas Motor Vehicle and Traffic Laws and State Highway Commission Regulations TITLE 5 CRIMINAL OFFENSES SUBTITLE 1. GENERAL PROVISIONS CHAPTER 4 DISPOSITION OF OFFENDERS SUBCHAPTER 2 FINES, COSTS, AND RESTITUTION [Repealed.] Publisher s Notes. This section, concerning consequences of nonpayment, was repealed by Acts 2009, No. 633, 1. The section was derived from Acts 1975, No. 280, 1103; A.S.A. 1947, ; Acts 1995, No. 1116, 1; 2001, No. 1553, 5; 2003, No. 110, 1. SUBTITLE 3. OFFENSES INVOLVING FAMILIES, DEPENDENTS, ETC. CHAPTER 27 OFFENSES AGAINST CHILDREN OR INCOMPETENTS SUBCHAPTER 5 FRAUDULENT IDENTIFICATION DOCUMENTS FOR MINORS Denial of driving privileges Denial of driving privileges. (a)(1) If a minor pleads guilty, nolo contendere, or is found guilty of violation of , or is found by a juvenile division of circuit court to have committed a violation of , the court shall prepare and transmit to the Department of Finance and Administration within twenty-four (24) hours after the plea or finding an order of denial of driving privileges for the minor. (2) In a case of extreme and unusual hardship, the order may provide for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school. (b) Upon receipt of an order of denial of driving privileges under this subchapter, the department shall suspend the motor vehicle operator s license of the minor for twelve (12) months or until the minor reaches eighteen (18) years of age, whichever period of time is shortest. (c) A penalty prescribed in this section is in addition to a penalty prescribed by History. Acts 1991, No. 567, 4. SUBTITLE 4. OFFENSES AGAINST PROPERTY CHAPTER 36 THEFT SUBCHAPTER 1 GENERAL PROVISIONS Unauthorized use of a vehicle Unauthorized use of a vehicle. (a) A person commits unauthorized use of a vehicle if the person knowingly takes, operates, or exercises control over another person s vehicle without consent of the owner. (b) Unauthorized use of a vehicle is a Class A misdemeanor. History. Acts 1975, No. 280, 2208; A.S.A. 1947, CHAPTER 38 DAMAGE OR DESTRUCTION OF PROPERTY SUBCHAPTER 2 OFFENSES GENERALLY Criminal mischief in the first degree Criminal mischief in the first degree. (a) A person commits the offense of criminal mischief in the first degree if he or she purposely and 1

20 CRIMINAL OFFENSES 2 without legal justification destroys or causes damage to any: (1) Property of another; or (2) Property, whether his or her own or property of another, for the purpose of collecting any insurance for the property. (b) Criminal mischief in the first degree is a: (1) Class Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or less; (2) Class D felony if the amount of actual damage is more than one thousand dollars ($1,000) but five thousand dollars ($5,000) or less; (3) Class C felony if the amount of actual damage is more than five thousand dollars ($5,000) but less than twenty-five thousand dollars ($25,000); or (4) Class B felony if the amount of actual damage is twenty-five thousand dollars ($25,000) or more. (c) In an action under this section involving cutting and removing timber from the property of another person: (1) The following create a presumption of a purpose to commit the offense of criminal mischief in the first degree: (A) The failure to obtain the survey as required by ; or (B) The purposeful misrepresentation of the ownership or origin of the timber; and (2)(A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged. (B) However, in addition to subdivision (c)(2)(a) of this section, the court may require the defendant to make restitution to the owner of the timber. History. Acts 1975, No. 280, 1906; 1977, No. 360, 7; 1981, No. 544, 2; 1981, No. 671, 1; A.S.A. 1947, ; Acts 1988 (3rd Ex. Sess.), No. 13, 1; 1995, No. 1296, 5; 1997, No. 448, 1; 2005, No. 1994, 443; 2011, No. 570, 29. SUBTITLE 6. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, OR WELFARE CHAPTER 64 CONTROLLED SUBSTANCES SUBCHAPTER 7 PROVISIONS RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT Denial of driving privileges for minor Restricted permit Denial of driving privileges for minor Restricted permit. (a)(1) As used in this section drug offense means the: (A) Possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under this chapter; or (B) Operation of a motor vehicle under the influence of any substance the possession of which is prohibited under this chapter. (2) As used in subdivision (a)(1) of this section: (A)(i) Motor vehicle means any vehicle that is self-propelled by which a person or thing may be transported upon a public highway and is registered in the State of Arkansas or of the type subject to registration in Arkansas. (ii) Motor vehicle includes any: (a) Motorcycle, motor-driven cycle, or motorized bicycle, as defined in ; and (b) Commercial motor vehicle, as defined in ; and (B) Substance the possession of which is prohibited under this chapter or substance means a controlled substance or counterfeit substance, as defined in the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C (b)(1)(a) When a person who is less than eighteen (18) years of age pleads guilty or nolo contendere to or is found guilty of driving while intoxicated under et seq., any criminal offense involving the illegal possession or use of a controlled substance, or any drug offense in this state or any other state, the court having jurisdiction of the matter including any federal court shall prepare and transmit to the Department of Finance and Administration an order of denial of driving privileges for the minor. (B) A court within the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(a) of this section to the department within twenty-four (24) hours after the plea or finding. (C) A court outside Arkansas having jurisdiction over any person holding driving privileges issued by the State of Arkansas shall prepare and transmit any order under subdivision (b)(1)(a) of this section pursuant to an agreement or arrangement entered into between that state and the Director of the Department of Finance and Administration. (D) An arrangement or agreement under subdivision (b)(1)(c) of this section may also provide for the forwarding by the department of an order issued by a court within this state to the state where any person holds driving privileges issued by that state.