2018 Arkansas Code
Title 27 - Transportation
Subtitle 4 - Motor Vehicular Traffic
Chapter 51 - Operation of Vehicles -- Rules of the Road
Subchapter 3 - Driving, Overtaking, and Passing
§ 27-51-310. Passing authorized vehicle stopped on highway -- Definition
(a) As used in this section, "authorized vehicle" means a vehicle that:
(1) Displays a flashing, revolving, or rotating blue, red, amber, amber and red, white, or green light; and
(2) Is one (1) of the following:
(A) An emergency response vehicle;
(B) A law enforcement vehicle;
(C) An Arkansas Department of Transportation vehicle;
(D) An Arkansas Department of Transportation contractor vehicle;
(E) A utility company vehicle; or
(F) A vehicle used in a towing operation as defined under § 27-51-904.
(b) (1) Except as provided under subdivision (b)(2) of this section, the driver of a motor vehicle that is approaching an authorized vehicle that is stopped or parked on a street, road, or highway or on the shoulder of a street, road, or highway shall:
(A) Move to the farthest possible lane or position from the authorized vehicle;
(B) Remain in that lane or position until the driver passes the authorized vehicle; and
(C) Otherwise exercise due caution.
(2) If the driver determines that it is unsafe or not possible to change lanes as required under subdivision (b)(1) of this section, the driver shall:
(A) Reduce the motor vehicle's speed;
(B) Exercise due caution; and
(C) Maintain a reduced speed appropriate to the street, road, or highway and the conditions through the area where the authorized vehicle is stopped or parked.
(c)
(1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section shall be guilty of a misdemeanor and shall be fined not less than thirty-five dollars ($35.00) nor more than five hundred dollars ($500), confined in the county jail not to exceed ninety (90) days, or both fined and imprisoned.
(2) In addition to the penalties prescribed in subdivision (c)(1) of this section, the court may order community service for not more than seven (7) days and may suspend the person's driver's license for a period of not less than ninety (90) days nor more than six (6) months.
(d) There is created a rebuttable presumption that shall arise in any criminal action under this section to the effect that if it can be proven that a person is the registered owner of a vehicle that is driven in a manner that violates this section, the person is presumed to have been the driver of the vehicle at the time of the violation.
