(1) An action to recover a penalty under §§ 23-13-234 and 23-13-257 — 23-13-264 or to enforce the powers of the Arkansas Department of Transportation under this subchapter or any other law may be brought in any circuit court in this state in the name of the State of Arkansas, on relation to the department, and shall be commenced and prosecuted to final judgment by the counsel to the department.
(2) In any such action, all penalties incurred up to the time of commencing the action may be sued for and recovered therein.
(3) The commencement of an action to recover a penalty shall not be or be held to be a waiver of the right to recover any other penalty.