§ 27-52-111 - Automated enforcement device operated by a municipality or a department of state government operating within the boundaries of a municipality.

ARKANSAS STATUTES AND CODES

§ 27-52-111 - Automated enforcement device operated by a municipality or a department of state government operating within the boundaries of a municipality.

27-52-111. Automated enforcement device operated by a municipality or a department of state government operating within the boundaries of a municipality.

(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 photo-radar 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; and

(2) "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 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; or

(B) At a railroad crossing.

(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:

(A) Be present with the automated enforcement device; and

(B) Issue the citation to the violator at the time and place of the violation.

(d) This section shall not prevent the Arkansas Highway Police Division of the Arkansas State Highway and Transportation Department from using automated enforcement devices to enforce state or federal motor carrier laws.