130-00-14 Ark. Code R. § 1

Current through Register Vol. 49, No. 6, June, 2024

Rule 130.00.14-001 - Non-Commercial Driver's License Testing Rule

DRIVER'S LICENSE FAILING SKILL TESTING RULE (Rule 2 )

SECTION 1: PURPOSE

The purpose of these Rules is to define driver's license skill testing offenses and penalties for a failed exam as provided by Ark. Code Ann. § 27-16-705(c).

SECTION 2: AUTHORITY

These rules are promulgated pursuant to the authority of the Director of the Department of the Arkansas State Police (Department) under Ark. Code Ann. § 27-16-705(c) and § 25-15-201, et seq.

SECTION 3: DEFINITIONS

A person fails the driver's license skill test for a non-serious or serious offense; the person committed an offense of:

A. Non-Serious Offense(s): First Occurrence with Warning

. Improper Backing (1st Offense) ACA § 27-50-408(4)(e)(16)

. Improperly Entering the Roadway (1st Offense) ACA § 27-51-401(1)(2)(3)(A)(B)

. Failure to Obey Stop Sign (Incomplete Stop, 1st Offense) ACA § 27-50-408(e)(9)

. Other Signs (School Zone and Speed Limit) ACA § 27-50-408(4)(e)(9)

. Inattentive Driving (1st Offense) ACA § 27-51-104(b)(8)

. Improper Turns (Wide or Fast, 1st Offense) ACA § 27-51-408(e)(16)

. Following Too Closely (1st Offense) ACA § 27-51-305

. Improper Lane Usage/Lane Change (1st Offense) ACA § 27-50-408(4) (e)(17) §§ 27-51-104(a)(1)

B. Serious Offense(s): Second Occurrence or Automatic Failure

. Failure to Obey Stop Signs (Ran Stop) ACA § 27-50-408(e)(9)

. General Control ACA § 27-51-104(b)(6)

. Improper Lane Usage/Lane Change (2nd Offense) ACA § 27-50-408(4) (e)(17) §§ 27-51-104(a)(1)

. Going the Wrong Way ACA § 27-50-408(e)(13)

. Failure to Yield to Oncoming Traffic ACA § 27-51-601(3)(e)

. Inattentive Driving (2nd Offense) ACA § 27-51-104(b)(8)

. Improper Use of Signals ACA § 27-51-403(b)

. Improper Turns ACA § 27-51-408(e)(16)

. Following Too Closely (2nd Offense) ACA § 27-51-305

. Failure to Obey Speed Control ACA § 27-50-408(4)(e)(24)

. Failure to Obey Traffic Lights (Ran Red Light) ACA § 27-50-408(4)(e)(9)

. Failure to Obey Other Signs (Yield, Railroad Crossing, Pedestrian Crossing) ACA § 27-50-408(4)(e)(9)

. Improper Backing (2nd Offense) ACA § 27-50-408(4)(e)(16)

. Entering Roadway (2nd Offense) ACA § 27-51-401(1)(2)(3)(A)(B)

. Failure to Obey Stop Signs (Rolled Stop 2nd ) ACA § 27-50-408(e)(9)

C. Serious Offense: Automatic Failure

. Passing Stopped School Bus with its Lights Flashing ACA § 27-16-401

. Failed to Yield for an Emergency Vehicles using its flashing lights ACA § 27-51-901

. Improperly passing of Stopped Law Enforcement Vehicle on the highway with lights flashing ACA § 27-51-310

. Improper Parking in Handicapped Parking Space ACA § 27-15-305

. Applicant Drove the Vehicle to the Testing Site without a Licensed Driver ACA § 27-16-602

. Violation of the Arkansas Cell Phone Law ACA § 27-51-1607(a)(1)(b)

. Accident (At Fault) ACA § 27-50-803

SECTION 4: PROCEDURES

A. Any person violating any portion of Section 3(A) of these Rules on the first offense will receive a verbal warning

B. Any person violating any portion of Section 3(B) of these Rules on the second offense will receive a two (2) week penalty unless the violation warrants an automatic failure.

C. Any person violating any portion of Section 3(C) of these Rules will receive a mandatory thirty (30) day penalty.

D. The Department will electronically record all offenses and penalties.

SECTION 5: EFFECTIVE DATE

The effective date of these Rules is ______________________________________

SECTION 6: SEVERABILITY

Any section or provision of these Rules held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of these Rules.

______________________________________

COLONEL STAN WITH

DIRECTOR, ARKANSAS STATE POLICE

______________________________________

DATE

130.00.14 Ark. Code R. § 001

11/17/2014