§ 27-50-408 - Fines for moving traffic violations in a highway work zone.
               	 		
27-50-408.    Fines for moving traffic violations in a highway work zone.
    (a)  As used in this section, unless the context otherwise requires:
      (1)  "Construction  personnel" means employees of the Arkansas State Highway and  Transportation Department or the counties or the municipalities of this  state, or any contractors of the State Highway Commission or the  counties or municipalities;
      (2)  "Conviction"  means a person who is charged with a violation of law and who pleads  guilty or nolo contendere, is found guilty, or forfeits a bond in lieu  of a plea or trial;
      (3)  "Department" means the Arkansas State Highway and Transportation Department; and
      (4)  "Highway  work zone" means any area upon or adjacent to any highway, road, or  street of this state where construction, reconstruction, maintenance, or  any other type of work is being performed or is in progress by  employees of the Arkansas State Highway and Transportation Department,  the counties or the municipalities of this state, or any contractors of  the State Highway Commission or the counties or municipalities.
(b)    (1)    (A)    (i)  In  addition to the fine otherwise provided by law, after the conviction of  any person for any moving traffic violation committed while the person  is driving through a highway work zone in this state and if construction  personnel were present in the highway work zone when the offense  occurred, the trial judge shall assess an additional fine equivalent to  the fine imposed by law upon that person for committing a moving traffic  violation in the highway work zone.
                  (ii)  Equivalent additional court costs pursuant to    16-10-305 shall not be assessed.
            (B)  Any  bond posted pursuant to a charge of committing any moving traffic  violation while in a highway work zone in this state shall include the  additional equivalent fine in the amount of the bond otherwise required.
      (2)    (A)  All  fines collected by the county or city official, agency, or department  designated pursuant to    16-13-709 as primarily responsible for the  collection of fines assessed in the circuit courts, district courts, or  city courts of this state as a result of this section shall be paid by  the collecting official to the county treasurer or town or city  treasurer pursuant to law.
            (B)  All such amounts collected in circuit court shall be remitted to the county treasurer.
            (C)  All  amounts collected pursuant to subdivision (b)(2)(A) of this section in  district court shall be paid to the county or city treasurer pursuant to     16-17-707.
            (D)  All amounts  collected pursuant to subdivision (b)(2)(A) of this section in city  court shall be paid to the treasurer of the town or city in which the  city court is located.
            (E)  Amounts  received by the county treasurer may be used for general county  purposes, and amounts received by the city treasurer may be used for  general city purposes.
(c)    (1)  The  additional fines and penalties shall not be assessed unless signs,  either permanent or temporary, were present at the time of the violation  in advance of the highway work zone warning the traveling public that  fines are double in highway work zones.
      (2)  The  signs shall be located no greater than one (1) mile nor less than one  thousand five hundred feet (1,500') in advance of the highway work zone.
      (3)  Furthermore,  the additional fines or penalties for speeding shall not be assessed  unless signs, either permanent or temporary, are posted in advance of  the highway work zone indicating the maximum speed limit to be obeyed  while traveling through the highway work zone.
      (4)    (A)  All signs authorized by this section shall conform with the Manual on Uniform Traffic Control Devices.
            (B)  The  counties and municipalities, prior to utilizing any such signs, shall  seek the advice of the Arkansas State Highway and Transportation  Department in order that the signs shall be uniform throughout the  state.
            (C)  The Arkansas State  Highway and Transportation Department is authorized to develop  guidelines for the counties and municipalities to achieve uniformity.
(d)  Nothing  contained in this section shall be construed to abrogate any of the  provisions of    12-8-106 regarding the powers of the Department of  Arkansas State Police.
(e)  For purposes of this section, "moving traffic violation" shall include, but not be limited to:
      (1)  Careless or prohibited driving;
      (2)  Driving while intoxicated;
      (3)  Underage driving under the influence;
      (4)  Refusal to submit;
      (5)  Leaving the scene of an accident;
      (6)  Driving with lights off;
      (7)  Driving on an expired, suspended, or revoked license;
      (8)  Improper use of lighting equipment;
      (9)  Failure to obey traffic control devices and signs;
      (10)  Failure to operate a vehicle in accordance with the rules of the road;
      (11)  Failure to stop and render aid;
      (12)  Following too closely;
      (13)  Driving the wrong way on a one-way street;
      (14)  Hazardous driving;
      (15)  Impeding the flow of traffic;
      (16)  Improper backing;
      (17)  Improper lane change;
      (18)  Improper entrance or exit to avoid an intersection;
      (19)  Improper towing;
      (20)  Improper turning;
      (21)  Passing a stopped school bus;
      (22)  Racing on the highway;
      (23)  Reckless driving; and
      (24)  Exceeding the speed limit.