§ 27-2-103 - Prohibited acts -- Exceptions. - Arkansas Statutes

27-2-103. Prohibited acts -- Exceptions.

(a) It shall be unlawful for any person to knowingly:

(1) Transport or cause to be transported within this state hazardous material in an immediate container which does not bear a label which provides an adequate warning;

(2) Transport or cause to be transported within this state hazardous material in an immediate container without carrying adequate emergency equipment;

(3) Transport or cause to be transported within this state a hazardous material in a container other than an adequate immediate container;

(4) Fail to utilize adequate emergency equipment promptly and properly, to the extent possible without serious risk of personal injury, in order to deal with the escape of a hazardous material from its immediate container when the person is the operator of the transporting equipment;

(5) Fail to notify the Department of Arkansas State Police as promptly as reasonably possible of the escape of a hazardous material from its immediate container when the person is the carrier or is the operator of the transporting equipment; or

(6) Violate any regulation promulgated by the State Highway Commission pursuant to this chapter.

(b) (1) Any and all exceptions to the requirements contained in subsection (a) of this section allowed transporters of agricultural products, petroleum products, a material of trade, or any others, as set out in 49 C.F.R. pt. 173, including, but not limited to, 49 C.F.R. 173.5, 173.6, and 173.8, shall be allowable to such transporters provided that all the requirements to avail these transporters of those exemptions, which requirements are set out in these United States Department of Transportation regulations, are met by such transporters.

(2) Further provided, if the United States Department of Transportation or the United States Congress adopts exceptions greater than those currently allowed transporters of hazardous materials in 49 C.F.R. pt. 173, the Arkansas State Highway and Transportation Department may adopt such comparable exemptions as are applicable to such transporters while utilizing the highways of this state.

(c) The provisions of subdivision (a)(5) of this section shall not apply to persons while operating farm vehicles of whatever size upon agricultural land owned, leased, or rented by the persons or their employers.