Limitations generally — Definition. [Effective until July 1, 2020.]

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  1. (a)

    1. (1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

    2. (2) In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

  2. (b)

    1. (1) Upon an engineering and traffic investigation, the State Highway Commission may increase the speed limit of a controlled-access highway to seventy-five miles per hour (75 m.p.h).

    2. (2) The maximum permissible speeds on controlled-access highways shall be effective when appropriate signs giving notice are erected along the highway by the Arkansas Department of Transportation.

  3. (c) On all facilities other than controlled-access highways, except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section, the limits specified in this section or established as authorized shall be maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of:

    1. (1) Thirty miles per hour (30 m.p.h.) in any urban district;

    2. (2) Fifty miles per hour (50 m.p.h.) for trucks of one-and-one-half-ton capacity or more in other locations;

    3. (3) Sixty-five miles per hour (65 m.p.h.) for other motor vehicles in other locations; and

    4. (4) A motor vehicle which is over width, over length, or over height or the gross load of which is in excess of sixty-four thousand pounds (64,000 lbs), excluding the front axle, even if operated under a special permit, shall not be operated in excess of thirty miles per hour (30 m.p.h.).

  4. (d) Consistent with the requirements of subsection (a) of this section, the driver of every vehicle shall drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching the crest of a hill, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

  5. (e) In every charge of violation of this section, the complaint and the summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the prima facie speed applicable within the district or location.

  6. (f) No person shall operate any motor-driven cycle at any time mentioned in § 27-36-204(a) at a speed greater than thirty-five miles per hour (35 m.p.h.) unless such motor-driven cycle is equipped with a headlamp or headlamps which are adequate to reveal a person or vehicle at a distance of three hundred feet (300') ahead.

  7. (g) The provisions of this section shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence upon the part of the defendant as the proximate cause of the accident.


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