Part 110. General Rules of Practice and Procedure and Special Rules Governing Carriers

27 CAR § 110-1602. Mobile home carriers — Pre-move inspection. (a)(1) Each mobile home carrier certificated by the State Highway Commission or its agent shall be required to make a pre-move inspection of all mobile homes to be moved intrastate in Arkansas. (2) Such pre-move inspe…

27 CAR § 110-1603. Mobile home carriers — Customers’ complaints to commission. For all mobile home movers certificated by the State Highway Commission, both the pre-move inspection record required by 27 CAR § 110-1602 and the customer's copy of the freight bill shall contain the …

27 CAR § 110-1701. Routes and schedules. (a) No motor vehicle carrier transporting passengers shall operate any schedule not on file with the State Highway Commission, nor shall it operate over any routes not approved by the commission. (b) Provided, this shall not prevent the ru…

27 CAR § 110-1702. Adherence to schedule. (a) Motor buses must be operated on schedule and under no condition pass schedule points ahead of time. (b) If delayed, operators shall not attempt to make up time by exceeding the speed limit allowable.

27 CAR § 110-1703. Changes in operating schedules. When changes are proposed in passenger operating schedules on file with the State Highway Commission, notice of the proposed schedule change shall be posted in each station on the route of the schedule proposed to be changed at l…

27 CAR § 110-1704. Ejection of passengers. (a) Operators are authorized to eject passengers who fail to pay their fare or who make themselves objectionable by disorderly or offensive conduct. (b) Such ejections must be made only at safe points which shall be at or near regular st…

27 CAR § 110-1705. Heating of vehicles. Passenger-carrying vehicles shall be equipped with a heating system sufficient to keep the vehicle reasonably comfortable for passengers and shall be so constructed as to prevent gas fumes from entering the vehicle.

27 CAR § 110-1706. Charter coach service. (a) Applicability. This section shall apply to all common carriers of passengers, authorized by Arkansas Code § 23-13-221 to transport special or chartered parties as an incident to the right to engage in the transportation of passengers …

27 CAR § 110-1707. Rules governing vanpools. Vanpools are defined as a voluntary association of workers who share the expense of commuting from their homes or close proximity of their homes to places of employment in a ride sharing program, and are subject to the following rules:…

27 CAR § 110-1708. Rates, rules, or practices of motor common carriers of passengers subject to United States Surface Transportation Board (under Subchapter II of 49 U.S.C. §§ 10501 – 10562). (a) Any request to establish a rate, rule, or practice applicable to transportation prov…

27 CAR § 110-1709. Discontinuing bus transportation. (a) When a motor common carrier of passengers having intrastate authority under the laws of Arkansas and interstate authority under a certificate issued by the United States Surface Transportation Board to provide transportatio…

27 CAR § 110-1710. Schedule changes and rate reductions. (a) The State Highway Commission shall not enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to scheduling of interstate or intrastate transportation provided by mot…

27 CAR § 110-1801. General safety requirements. (a) All rules and safety regulations now or hereafter prescribed and adopted by the United States Department of Transportation, Federal Highway Administration, applicable to motor vehicles under the Federal Motor Carrier Safety Regu…

27 CAR § 110-1802. Safety of passengers. No motor vehicle operated by a public carrier for transportation of persons shall be permitted to move except when all doors thereto are closed and properly fastened, and no such vehicle, under any circumstances, shall be permitted to move…

27 CAR § 110-1803. Splash guard requirements. (a) All trailers, trucks, truck/tractors, and/or semitrailers with a gross vehicle weight rating exceeding ten thousand pounds (10,000 lbs.) operated over the highways of the State of Arkansas, subject to the jurisdiction of the State…

27 CAR § 110-1901. Definitions. For purposes of this subpart: (1) “Household goods” shall be defined in 27 CAR § 110-1001(4), except the transportation of voting machines and tabulating machines shall not be governed by these special rules; and (2) “Reasonable dispatch” means the…

27 CAR § 110-1902. Reasonable dispatch. (a) Each carrier shall cause to be transported with reasonable dispatch as defined in 27 CAR § 110-1901(2) each shipment accepted by it for transportation. (b) Whenever a carrier is unable to make a pickup of a shipment on the date specifie…

27 CAR § 110-1903. Estimates. (a)(1) Every intrastate common carrier of household goods shall be required, upon request of a prospective shipper of household goods, to make an estimate of the charges for any proposed transportation services and additional services when they are r…

27 CAR § 110-1904. Weights. Shipments shall be weighed in a fair manner at the closest convenient scales from the point of origin of the shipment.

27 CAR § 110-1905. Released Value — Insurance to be offered by carrier. (a) Carriers shall not advertise or represent to the public that "all loads are insured" or other similar wording, unless such carrier under its intrastate tariff assumes complete liability against all loss o…

27 CAR § 110-1906. Notice to shippers. (a) A copy of the Notice to Shippers printed on one (1) side of a single sheet of paper shall be given to shippers (or to owners of goods if the shipper is the employer of the actual owner of the goods to be shipped) at the earliest possible…

27 CAR § 110-1907. Claims for loss or damage. (a) Claim forms to be made available. (1) Carriers shall require a supply of blank claim forms to accompany each shipment of household goods subject to this subpart. (2) Upon delivery of each shipment of household goods, an agent of t…

27 CAR § 110-1908. Records and reports. (a) All carrier records referred to in this subpart shall be made available to the State Highway Commission or its staff upon request. (b) In addition, the following information shall be reported to the commission as part of its annual repo…

27 CAR § 110-1909. Protections. Nothing in this subpart shall prohibit a carrier from extending to shippers greater protection than that required in this subpart as approved by the State Highway Commission.

27 CAR § 110-2001. Applicability. This subpart applies to the extent provided therein to all brokers of transportation by motor vehicle as defined in Arkansas Code § 23-13-203 and set out below.

27 CAR § 110-2002. Definitions. As used in this subpart: (1) "Bona fide agents" means persons who are part of the normal organization of a motor carrier and perform duties under the carrier's directions pursuant to a preexisting agreement which provides for a continuing relations…

27 CAR § 110-2003. Records to be kept by brokers. (a)(1) A broker shall keep a record of each transaction. (2) The record shall show: (A) The name and address of the consignor; (B) The name, address, and lead Arkansas authority MC number of the originating motor carrier; (C) The …

27 CAR § 110-2004. Misrepresentation. (a) A broker shall not perform or offer to perform any brokerage service, including advertising, in any name other than that in which its license is issued. (b)(1) A broker shall not, directly or indirectly, represent its operations to be tha…

27 CAR § 110-2005. Rebating and compensation. (a) A broker shall not charge or receive compensation from a motor carrier brokerage service where: (1) The broker owns or has a material beneficial interest in the shipment; or (2) The broker is able to exercise control over the ship…

27 CAR § 110-2006. Duties and obligations of brokers. Where the broker acts on behalf of a person bound by law or a State Highway Commission rule as to the transmittal of bills or payments, the broker must also abide by the law or rules which apply to that person.

27 CAR § 110-2007. Transfer of property broker license — Change in control of corporations and associations holding broker licenses — Petitions for reconsideration. (a)(1) In order to transfer a property broker license, a transferee must file with the State Highway Commission an …

27 CAR § 110-2008. Accounting. (a) Each broker who engages in any other business shall maintain accounts so that the revenues and expenses relating to the brokerage portion of its business are segregated from its other activities. (b) Expenses that are common shall be allocated o…

27 CAR § 110-2009. Surety for brokers. Each broker holding a license issued by the State Highway Commission under the provisions of Arkansas Code § 23-13-230 shall at all times have a bond or other security approved by and on file with the commission in an amount not less than tw…

27 CAR § 110-201. Typographical specifications. (a)(1) Except as otherwise provided, all pleadings, documents, and papers to be filed under this part shall be printed or typewritten, with a clear margin at the top and bottom. (2) If typewritten, they shall be on paper eight and o…

27 CAR § 110-2010. Assessments. (a) Applicable to the assessment of busline, motor freight, airline, water transportation, and private car companies operating in and/or through the State of Arkansas. (b) As counties complete reassessment and extend the adjusted or rolled back mil…

27 CAR § 110-202. Copies. Except when otherwise required in specific instances, there shall be filed an original and nine (9) copies of every pleading, document, or paper required or permitted to be filed under this part.

27 CAR § 110-203. Attestation and verification. (a) All applications or amendments thereto shall be verified and all other pleadings or documents filed shall be verified except as provided in subsection (b) of this section. (b) Attorney's signature. (1) If a party is represented …

27 CAR § 110-204. Affirmation in lieu of oath. Whenever under this part an oath is required, an affirmation in judicial form will be accepted in lieu thereof.

27 CAR § 110-205. Pleadings part of record. (a) Recitals of material and relevant facts in a pleading filed prior to hearing in any proceeding, unless specifically denied in a counterpleading filed under this part, shall constitute evidence and be a part of the record without spe…

27 CAR § 110-206. Amendments. Leave to file amendments to any pleading will be allowed or denied by the State Highway Commission as a matter of discretion.

27 CAR § 110-207. Time — Computation. (a) In computing any period of time prescribed or allowed by this part, the day of the act, event, or default after which the designated period of time begins to run is not to be included. (b) The last day of the period so computed is to be i…

27 CAR § 110-208. Replies — Time of filing. Except that a reply to a reply is not permitted, and except as otherwise provided, an adverse party may file and serve a reply to any pleading permitted under this part within ten (10) days after service of the pleading to which the rep…

27 CAR § 110-209. Service — Pleadings and papers to show. (a) Every pleading, protest, intervention, or verified statement filed by any party and tendered to the State Highway Commission for filing shall include a certificate of the party or his or her attorney showing simultaneo…

27 CAR § 110-301. Informal complaints. (a) Form and content. (1) Informal complaints may be by letter or other writing. (2) No form of informal complaint is suggested but, in substance, the letter or other writing must contain the essential elements of a formal complaint. (3) It …

27 CAR § 110-302. Formal complaints — Copies. The original of each formal complaint, amended or supplemental formal complaint, or cross complaint must be accompanied by copies in sufficient number to enable the State Highway Commission to serve one (1) copy upon each defendant an…

27 CAR § 110-303. Formal complaints — Joinder. (a) Causes of action. Two (2) or more grounds of complaint concerning the same principal, subject, or state of facts may be included in one (1) complaint but should be stated separately and numbered. (b) Plaintiffs. Two (2) or more p…

27 CAR § 110-304. Formal complaints — Allegations generally. (a) A formal complaint should be so drawn as fully and completely to advise the parties, defendant, and the State Highway Commission in what respects the provisions of the act have been or are violated or will be violat…