Arkansas Code Annotated

Ark. Code Ann. § 27-52-105 (2020)

Devices on state highways

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  1. The State Highway Commission shall place and maintain traffic control devices conforming to its manual and specifications upon all state highways as it shall deem necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic.
  2. No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the commission, except by the latter's permission.

History. Acts 1937, No. 300, § 29; Pope's Dig., § 6687; A.S.A. 1947, § 75-502.

Case Notes

Authority.

This section and §§ 27-52-106 and 27-52-107 give the direction and control of traffic located on state highways to the State Highway Commission. Garrison v. City of Alpena, 234 Ark. 170, 350 S.W.2d 690 (1961).

Common Law Duties.

The allocations of responsibilities to state and local authorities by this section and § 27-52-106 did not supersede railroads' common law duty to provide adequate warning devices at abnormally dangerous grade crossings. Lusby v. Union Pac. R.R., 4 F.3d 639 (8th Cir. 1993).

Improper Erection.

It was improper for municipality to erect a traffic light on state highway when State Highway Commission had not given permission to municipality to place or maintain the light and such light did not conform to standards adopted by the commission; thus commission was entitled to injunction requiring traffic light to be removed. Whitaker v. Arkansas State Hwy. Comm'n, 234 Ark. 865, 355 S.W.2d 286 (1962).

No Parking Signs.

State Highway Commission has power to erect no parking signs on a part of the state highway system that is in city limits. Arkansas State Hwy. Comm'n v. City of Little Rock, 227 Ark. 660, 300 S.W.2d 929 (1957).