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130.00.4A-2.0. Driver's License Failing Skill Testing Rule (Rule 2)

AR ADC 130.00.4A-2.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 130. State Police
Division 00.
Rule 4A. Non-Commercial Driver's License Testing Rule
Ark. Admin. Code 130.00.4A-2.0
130.00.4A-2.0. Driver's License Failing Skill Testing Rule (Rule 2)
Currentness
SECTION 1: PURPOSE
The purpose of these Rules is to define driver's license skill testing offenses and penalties for a failed exam as provided by Ark. Code Ann. § 27-16-705(c).
SECTION 2: AUTHORITY
These rules are promulgated pursuant to the authority of the Director of the Department of the Arkansas State Police (Department) under Ark. Code Ann. § 27-16-705 (c) and § 25-15-201, et seq.
SECTION 3: DEFINITIONS
A person fails the driver's license skill test for a non-serious or serious offense; the person committed an offense of:
A. Non-Serious Offense(s): First Occurrence with Warning
• Improper Backing (1st Offense)
ACA § 27-50-408(4)(e)(16)
• Improperly Entering the Roadway (1st Offense)
ACA § 27-51-401 (1)(2)(3)(A)(B)
• Failure to Obey Stop Sign (Incomplete Stop, 1st Offense)
ACA § 27-50-408(e)(9)
• Other Signs (School Zone and Speed Limit)
ACA § 27-50-408(4)(e)(9)
• Inattentive Driving (1st Offense)
ACA § 27-51-104(b)(8)
• Improper Turns (Wide or Fast, 1st Offense)
ACA § 27-51-408(e)(16)
• Following Too Closely (1st Offense)
ACA § 27-51-305
• Improper Lane Usage/Lane Change (1st Offense)
ACA § 27-50-408(4) (e)(17) & § 27-51-104(a)(1)
B. Serious Offense(s): Second Occurrence or Automatic Failure
• Failure to Obey Stop Signs (Ran Stop)
ACA § 27-50-408(e)(9)
• General Control
ACA § 27-51-104(b)(6)
• Improper Lane Usage/Lane Change (2nd Offense)
ACA § 27-50-408(4) (e)(17) & § 27-51-104(a)(1)
• Going the Wrong Way
ACA § 27-50-408(e)(13)
• Failure to Yield to Oncoming Traffic
ACA § 27-51-601(3)(e)
• Inattentive Driving (2nd Offense)
ACA § 27-51-104(b)(8)
• Improper Use of Signals
ACA § 27-51-403(b)
• Improper Turns
ACA § 27-51-408(e)(16)
• Following Too Closely (2nd Offense)
ACA § 27-51-305
• Failure to Obey Speed Control
ACA § 27-50-408(4)(e)(24)
• Failure to Obey Traffic Lights (Ran Red Light)
ACA § 27-50-408(4)(e)(9)
• Failure to Obey Other Signs (Yield, Railroad Crossing, Pedestrian Crossing)
ACA § 27-50-408 (4)(e)(9)
• Improper Backing (2nd Offense)
ACA § 27-50-408(4)(e)(16)
• Entering Roadway (2nd Offense)
ACA § 27-51-401(1)(2)(3)(A)(B)
• Failure to Obey Stop Signs (Rolled Stop 2nd)
ACA § 27-50-408(e)(9)
C. Serious Offense: Automatic Failure
• Passing Stopped School Bus with its Lights Flashing
ACA § 27-16-401
• Failed to Yield for an Emergency Vehicles using its flashing lights
ACA § 27-51-901
• Improperly passing of Stopped Law Enforcement Vehicle on the highway with lights flashing
ACA § 27-51-310
• Improper Parking in Handicapped Parking Space
ACA § 27-15-305
• Applicant Drove the Vehicle to the Testing Site without a Licensed Driver
ACA § 27-16-602
• Violation of the Arkansas Cell Phone Law
ACA § 27-51-1607(a)(1)(b)
• Accident (At Fault)
ACA § 27-50-803
SECTION 4: PROCEDURES
A. Any person violating any portion of Section 3(A) of these Rules on the first offense will receive a verbal warning
B. Any person violating any portion of Section 3(B) of these Rules on the second offense will receive a two (2) week penalty unless the violation warrants an automatic failure.
C. Any person violating any portion of Section 3(C) of these Rules will receive a mandatory thirty (30) day penalty.
D. The Department will electronically record all offenses and penalties.
SECTION 5: EFFECTIVE DATE
The effective date of these Rules is ________________________________________
SECTION 6: SEVERABILITY
Any section or provision of these Rules held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of these Rules.

Credits

Adopted Dec. 17, 2014.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 130.00.4A-2.0, AR ADC 130.00.4A-2.0
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