- (a) The Arkansas Department of Transportation reserves the authority and right to cancel, void, or otherwise invalidate a permit at any time.
(b) Circumstances that may be considered in the determination to cancel, void, or otherwise invalidate a permit include, but are not limited to:
- (1) The permit was issued in error by the department;
- (2) The permit was obtained or possessed under false pretense or by any fraudulent means;
- (3) Failure to comply with any of the provisions of a permit, permit rules, or Arkansas law; and
- (4) Conditions existing at the time of issuance of the permit have changed in such a way as to adversely affect the safety of the motoring public or integrity of roadways or bridges.
(c)
- (1) Any violation of the permit provisions, rules, or Arkansas law may result in the arrest of the operator.
- (2) If the violation involves an overweight vehicle or load, state law provides that any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits an operator to operate a vehicle exceeding the weight authorized by the permit may also be criminally liable.
(d) The department may deny the issuance of a permit for repeated permit violations under the following provisions:
- (1) Two (2) permit violations within a twelve-month period may result in a suspension of permit privileges for up to thirty (30) days;
(2)
- (A) Three (3) permit violations within a twelve-month period may result in the suspension of permit privileges for up to ninety (90) days.
- (B) In addition, if the violator or entity has a bonded account with the department, those privileges may be suspended for up to six (6) months following the period of suspension;
(3)
- (A) Four (4) permit violations within a twelve-month period may result in the suspension of permit privileges for up to one hundred eighty (180) days.
- (B) In addition, if the violator or entity has a bonded account with the department, those privileges may be suspended for up to one (1) year following the period of suspension; and
(4)
- (A) Five (5) permit violations within a twelve-month period may result in the suspension of permit privileges for up to one (1) year.
- (B) In addition, the violator or entity may not be eligible to have a bonded account with the department for up to twenty-four (24) months following the period of suspension.
(e)
- (1) A person may appeal any period of suspension by making a written request to the Commander.
- (2) All decisions of the Commander are final.