RULE 130.00.07-004 - Municipal Police Patrols of Controlled-Access Facilities Rules

RULE 130.00.07-004. Municipal Police Patrols of Controlled-Access Facilities Rules

Rule 1.0 Rules Adopted; Purpose.

These Rules shall be known as the "MUNICIPAL POLICE PATROLS OF CONTROLLED-ACCESS FACILITIES RULES", promulgated by the Director of the Department of Arkansas State Police ("Arkansas State Police" or "ASP"). The purpose of the Rules is to set written guidelines for compliance with Arkansas Act 371 of 2007; and thus to ensure the orderly patrol of controlled-access facilities by municipal police departments listed by the Director to provide orderly and appropriate law enforcement assistance to Department of Arkansas State Police.

Rule 1.1 Authority; Scope; Effective Date.

a) These Rules are issued under the Director's authority at Ark. Code Ann. §§ 12-8-106(h) (Supp. 2007), et seq., as amended by Arkansas Act 371 of 2007, as well as the Arkansas Administrative Procedure Act, codified at Ark. Code Ann. §§ 25-15-201, et seq.

b) These Rules shall apply to all municipal police departments in the state of Arkansas who make application to the Director to patrol the controlled-access facilities pursuant to A.C.A. § 12-8-106(h).

c) These Rules shall be effective on and after April 1, 2008.

Rule 1.2. Definitions.

As used in these Rules, these terms mean the following:

a) "Controlled-access facilities", for purposes of Ark. Code Ann. § 12-8-106 and these Rules, include highways designated by the Arkansas Highway and Transportation Department as "Fully Controlled-Access Routes on Arkansas' State Highway System." These are interstate highways and those highways which are constructed to meet the standard and specifications of interstate highways. ASP will maintain a list of the "Controlled-access facilities" on its web site and in the office of the Director. This list will be updated annually when highways are designated by the Arkansas State Highway and Transportation Department as "Fully Controlled-Access Routes on Arkansas' State Highway System", and they also may be referred to as "Fully-Accessed Control Highways";

b) "Director" means Director of the Department of the Arkansas State Police; and

c) "Department" means the Department of Arkansas State Police.

Rule 2.0 Factors Considered By the Director In Approving Requests by Municipal Police Departments to Patrol Controlled-Access Facilities Pursuant to A.C.A. § 12-8-106(h). The Factors Which the Director Shall Take Into Consideration in Approving Authorization for Municipal Police Departments to Patrol Controlled-Access Facilities Pursuant to A.C.A. § 12-8-106(h) are:

a) Public safety;

b) Size of municipality served by municipal police department requesting authorization under these Rules;

c) Size of the municipal police department requesting authorization;

d) Training of the municipal police department requesting authorization;

e) Financial impact;

f) Abuse of police power;

g) The types of roadways or highways that are controlled-access facilities for purposes of this section and these Rules;

h) The need of the Arkansas State Police for assistance in patrolling the controlled-access facilities;

i) The number and location of other municipal police departments which have been granted authorization to patrol the controlled-access facilities; and

j) Reason and justification submitted by the municipality for requesting authorization to patrol Controlled-Access Facility.

Rule 2.1 Patrol Authorizations Issued by Arkansas State Police Director.

a) All municipal police departments which have previously been granted approval by this Department to patrol what has previously been described as limited access highways will be authorized to patrol controlled-access facilities provided such police department notifies the Director within sixty (60) days of the effective date of these Rules that said police department desires to remain on the approved list. Failure to notify the Director will result in removal from the approved list and such department will need to apply for authorization in accordance with these Rules.

b) After the effective date of these Rules, requests by municipal police departments to patrol controlled-access facilities shall provide the following information:

1) The request shall be on letterhead stationary of the municipal police department and be signed by the Chief of Police;

2) Population of the municipality;

3) The size of the police force;

4) The training of the police force; and

5) Reason(s) why the municipal police department is requesting authorization to patrol controlled-access facilities and how granting authorization will improve public safety.

Rule 3.0 Require Records to be Maintained by Municipal Police Departments Granted Authorization to Patrol "Controlled-Access Facilities".

a) The municipal police department shall keep records reflecting the ratio of the total number of tickets written by the police department in comparison to the number of tickets written on the "controlled-access facility."

b) The records referred to in the preceding paragraph shall be kept on a monthly basis and available for inspection at any time by the Arkansas State Police. Such records shall be kept for a period of five (5) years. On request, such records shall be submitted to the Department.

c) It shall be presumed that the affected municipality is abusing its police power if thirty per cent (30%) or more of the total tickets written for traffic violations are written for offenses occurring on the "controlled-access facility"; or more than fifty percent (50%) are written for traffic offenses occurring on the "controlled-access facility" for speeding and are issued for speed limit violations that are ten miles per hour (10 m.p.h.) or less than the posted limit.

d) All citations for violations occurring on controlled-access facilities will be for violations of state statute.

e) Any police municipality found to be in violation of the Rule 3.0 will be subject to having its authorization to patrol the "controlled-access facility" immediately withdrawn. The authorization will not be in effect pending any appeal.

Rule 4.0 Withdrawal of Authorization.

a) The Director may withdraw authorization from a municipal police department to patrol any controlled-access facilities for good cause. In withdrawing any authorization, the Director will consider the factors set out in Rule 2 above.

b) If any municipal police department, which has been authorized by the Director to patrol controlled-access facilities, fails to abide by these Rules; abuses police power in patrolling such controlled-access facilities; or if that department's assistance to the Arkansas State Police is no longer needed, such authorization may be withdrawn.

c) The Director shall provide his/her reasons, in writing, to any municipal police department whose authority to patrol controlled-access facilities is withdrawn.

Rule 4.0 Appeal Process.

Rule 4.1 The appeal process applies only to municipal police departments which have been granted authorization to patrol "controlled-access facilities" and such authorization is withdrawn.

Rule 4.2 Appeal Procedure

a) A municipal police department whose authority has been withdrawn by the Director to patrol controlled-access facilities may appeal the decision. A written or electronic Notice of Appeal shall be filed in the Director's office within ten (10) days of receipt of notification that the authority has been withdrawn.

b) Once an appeal has been filed with the Director's office the Director may personally hear the appeal or may designate a Hearing Officer to hear the appeal and make recommendations to the Director for a final order. The appeal hearing shall be held in accordance with the Administrative Procedure Act, §§ 25-15-201, et seq.

c) Filing the Notice of Appeal does not automatically stay the withdrawal of authority for the municipal police department to patrol the controlled-access facilities. If a stay of authorization is not granted, the hearing on the appeal should be held within forty-five (45) days of the filing of the Notice of Appeal, unless for good cause a party requests a continuance. A final order should be entered within a reasonable time after the conclusion of the hearing and/or the submission of other pleadings submitted post-hearing.

__SIGNED _______________ March 10, 2008

WINFORD E. PHILLIPS DATE

DIRECTOR, DEPARTMENT OF ARKANSAS STATE POLICE

Sections of Fully-Accessed Control Highways

District

County

County Name

Route

Section

Begin Log Mile

End Log Mile

Length

Description

9

4

Benton

71

190

0

5.91

5.91

I-540 to end of freeway (Bentonville)

9

4

Benton

540

050

74.19

85.85

11.66

Washington County Line to Highway 71

7

10

Clark

30

140

53.07

80.6

27.53

Nevada County Line to Hot Spring County Line

8

15

Conway

40

310

98.83

120.29

21.46

Pope County Line to Faulkner County Line

10

16

Craighead

63

060

9.09

15.08

5.99

Jonesboro Bypass (Jct SH 91 Dan Ave.)

10

16

Craighead

63

070

0

12.42

12.42

Jonesboro Bypass to Poinsett County Line

4

17

Crawford

40

110

0

24.56

24.56

Oklahoma State Line to Franklin County Line

4

17

Crawford

540

020

11.88

14.75

2.87

Sebastian County Line to I-40

4

17

Crawford

540

030

19.23

40.11

20.88

I-40 to Washington County Line

1

18

Crittenden

40

520

264.57

284.69

20.12

St. Francis County Line to Tennessee State Line

1

18

Crittenden

55

110

0

27.83

27.83

Tennessee State Line to Mississippi County Line

1

18

Crittenden

63

100

0

3.6

3.6

Poinsett County Line to I-55

8

23

Faulkner

40

320

120.29

138.36

18.07

Conway County Line to Pulaski County Line

4

24

Franklin

40

120

24.56

43.92

19.36

Crawford County Line to Johnson County Line

6

26

Garland

70

090

0

2.95

2.95

Hot Springs Bypass to Highway 270

6

26

Garland

70

09B

1.51

5.88

4.37

Grand Avenue to Highway 70

6

26

Garland

270

050

18.12

22.91

4.79

Hot Springs Bypass

6

26

Garland

270

060

0

3.93

3.93

Hot Springs Bypass to Highway 70

2

27

Grant

530

040

16.31

17.14

0.83

Pulaski County Line to Jefferson County Line

3

29

Hempstead

30

120

16.89

40.16

23.27

Miller County Line to Nevada County Line

6

30

Hot Spring

30

210

80.6

105.46

24.86

Clark County Line to Saline County Line

5

34

Jackson

67

140

0

15.68

15.68

White County Line to Village Creek bridge

5

34

Jackson

67

150

0

3.2

3.2

Village Creek bridge to end of freeway (Highway 18)

2

35

Jefferson

530

050

17.14

46.65

29.51

Grant County Line to end of freeway

8

36

Johnson

40

210

43.92

71.51

27.59

Franklin County Line to Pope County Line

10

38

Lawrence

67

170

0

3.73

3.73

Walnut Ridge Bypass

6

43

Lonoke

40

410

163.81

185.55

21.74

Pulaski County Line to Prairie County Line

6

43

Lonoke

67

110

0

10.12

10.12

Pulaski County Line to White County Line

3

46

Miller

30

110

0

16.89

16.89

Texas State Line to Hempstead County Line

3

46

Miller

245

010

0

5.88

5.88

Texas State Line to Highway 67

3

46

Miller

549

010

4.32

29.49

25.17

Highway 245 to end of freeway

10

47

Mississippi

55

120

27.83

72.22

44.39

Crittenden County Line to Missouri State Line

1

48

Monroe

40

430

205.34

218.38

13.04

Prairie County Line to St. Francis County Line

3

50

Nevada

30

130

40.16

53.07

12.91

Hempstead County Line to Clark County Line

10

56

Poinsett

63

080

0

16.97

16.97

Craighead County Line to Marked Tree

10

56

Poinsett

63

090

0

9.86

9.86

Marked Tree to Crittenden County Line

8

58

Pope

40

220

71.51

98.83

27.32

Johnson County Line to Conway County Line

6

59

Prairie

40

420

185.55

205.34

19.79

Lonoke County Line to Monroe County Line

6

60

Pulaski

30

230

126.35

143.02

16.67

Saline County Line to I-40

6

60

Pulaski

40

330

138.36

163.81

25.45

Faulkner County Line to Lonoke County Line

6

60

Pulaski

67

100

0

15.34

15.34

I-40 to Lonoke County Line

6

60

Pulaski

430

210

0

12.93

12.93

I-30 to I-40

6

60

Pulaski

440

010

0

9.96

9.96

I-30 to I-40

6

60

Pulaski

440

020

9.96

14.16

4.2

I-40 to Highway 67

6

60

Pulaski

530

010

0

9.21

9.21

I-30 to Saline County Line

6

60

Pulaski

530

030

12.5

16.31

3.81

Saline County Line to Grant County Line

6

60

Pulaski

630

210

0

7.4

7.4

I-30 to I-430 (Shackelford Road)

6

62

Saline

30

220

105.46

126.35

20.89

Hot Spring County Line to Pulaski County Line

6

62

Saline

70

100

6.66

7.64

0.98

Section near I-30 (SW of Benton)

6

62

Saline

530

020

9.21

12.5

3.29

Pulaski County Line to Pulaski County Line

4

65

Sebastian

271

010

2.54

3.2

0.66

I-540 to Oklahoma State Line

4

65

Sebastian

540

010

0.65

11.88

11.23

Highway 271 to Crawford County Line

1

68

St. Francis

40

510

218.38

264.57

46.19

Monroe County Line to Crittenden County Line

7

70

Union

82

050

17.05

21.79

4.74

El Dorado Bypass

7

70

Union

82

060

0

1.02

1.02

El Dorado Bypass

4

72

Washington

71

160

22.39

23.5

1.11

Fulbright Expressway south of Fayetteville

4

72

Washington

71

17B

0

1.52

1.52

Fulbright Expressway in north Fayetteville

4

72

Washington

540

040

40.11

74.19

34.08

Crawford County Line to Benton County Line

5

73

White

67

120

0

20.67

20.67

Lonoke County Line to Highway 67C overpass

5

73

White

67

130

0

20.81

20.81

Highway 67C overpass to Jackson County Line

(5/18/2016)

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