Arkansas § 27-52-111 Automated enforcement device operated by municipality or department of state government operating within boundaries of municipality - Definitions

Arkansas Statutes

§ 27-52-111 — Automated enforcement device operated by municipality or department of state government operating within boundaries of municipality - Definitions

(a)As used in this section:

(1)"Automated enforcement device" means a system operated by a municipality or a department of state government that is operating within the boundaries of the municipality that:

(A)Uses a device that is capable of detecting a speeding violation; and (B) Photographs or records an image of the vehicle used in committing the violation, the operator of the vehicle, or the license plate of the vehicle;

(2)"Highway work zone" means the area upon or adjacent to a controlled-access highway of this state where construction, reconstruction, or maintenance work is performed; and (3) "Municipality" means a city of the first class, a city of the second class, or an incorporated town.

(b)Except as used under subsection (c) of this section, an automated enforcement device

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(a) As used in this section: (1) "Automated enforcement device" means a system operated by a municipality or a department of state government that is operating within the boundaries of the municipality that: (A) Uses a device that is capable of detecting a speeding violation; and (B) Photographs or records an image of the vehicle used in committing the violation, the operator of the vehicle, or the license plate of the vehicle; (2) "Highway work zone" means the area upon or adjacent to a controlled-access highway of this state where construction, reconstruction, or maintenance work is performed; and (3) "Municipality" means a city of the first class, a city of the second class, or an incorporated town. (b) Except as used under subsection (c) of this section, an automated enforcement device shall not be used by a law enforcement agency of a municipality or a department of state government that is operating within the boundaries of the municipality to detect or enforce: (1) A violation of the traffic laws, rules, or regulations of the State of Arkansas; or (2) An ordinance of the municipality. (c) (1) A municipality or a department of state government that is operating within the boundaries of the municipality may use an automated enforcement device to detect and enforce a violation of traffic laws or ordinances: (A) In a school zone; (B) At a railroad crossing; or (C) In a highway work zone. (2) If a municipality or a department of state government that is operating within the boundaries of the municipality uses an automated enforcement device, then a certified law enforcement officer must issue the citation to the violator at the time of the violation. (d) This section shall not prevent the Arkansas Highway Police Division of the Arkansas Department of Transportation from using automated enforcement devices to enforce state or federal motor carrier laws. (e) Automated enforcement device data that is not related to an issued traffic citation or warning or an active criminal or civil investigation shall not be retained by a municipality or a department of state government.

Arkansas § 27-52-111 (Automated enforcement device operated by municipality or department of state government operating within boundaries of municipality - Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Amended by Act 2023, No. 707,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 3159, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 355, eff. 8/1/2017. Acts 2005, No. 1451, § 2.