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