Arkansas Code Annotated

Ark. Code Ann. § 27-37-702 (2020)

Seat belt use required — Applicability of subchapter

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  1. Each driver and front seat passenger in any motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened seat belt properly secured to the vehicle.
  2. This subchapter shall not apply to the following:
    1. Passenger automobiles manufactured before July 1, 1968, and all other motor vehicles manufactured before January 1, 1972;
    2. Passengers and drivers with a physical disability that contraindicates the use of a seat belt, and which condition is certified by a physician who states the nature of the disability as well as the reason the use of a seat belt is inappropriate;
    3. Children who require protection and are properly restrained under the Child Passenger Protection Act, § 27-34-101 et seq.; and
    4. Drivers who are rural letter carriers of the United States Postal Service while performing their duties as rural letter carriers.
  3. Except as provided in subdivision (b)(4) of this section, each driver or passenger who is seated in a wheelchair in a motor vehicle shall:
    1. Wear a properly adjusted and fastened seat belt properly secured to the wheelchair; and
    2. Have the wheelchair properly secured in the motor vehicle.

History. Acts 1991, No. 562, §§ 2, 3; 1997, No. 208, § 34; 2003, No. 764, § 1; 2003, No. 1776, § 1.

A.C.R.C. Notes. As to legislative intent, see § 22-4-408.

Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

Cross References. Medical exemption designation for seat belt use, § 27-16-813.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Seat Belt Law, 26 U. Ark. Little Rock L. Rev. 504.

Notes of Decisions
Cited in 2 cases, 2002–2016 · leading case: Mendoza v. WIS Int'l, Inc., 2016 Ark. 157, 490 S.W.3d 298.
Mendoza v. WIS Int'l, Inc., 2016 Ark. 157, 490 S.W.3d 298. · cites it 12× “Ark. Code Ann. § 27-37-702 (a) (emphasis added).”
Allen v. Greenland, 65 S.W.3d 424 (Ark. 2002). · cites it 6× “Greenland, who was a passenger in the backseat of the Hutchinson vehicle, also relied on Ark. Code Ann. § 27-37-702 , which provides that every driver and front-seat passenger in a motor vehicle operated on a street or highway shall wear a properly adjusted and fastened seatbelt.”
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