Arkansas Administrative Code

27 CAR § 95-505. Identify safety considerations in design alternatives. (a)(1) Once the safety analysis is complete in the purpose and need, safety issues and considerations in the evaluation of conceptual design alternatives should be identified. (2) The IJR should demonstrate t…

27 CAR § 95-506. Document the current and anticipated safety performance. The documentation related to the safety analysis in the IJR should provide sufficient information for an independent review and usually contains the following: (1) The safety analysis of existing conditions…

27 CAR § 96-101. Purpose. (a) This part embodies the policies and procedures employed by the State Highway Commission regarding the suspension and debarment of contractors in instances where there is reason to believe that a contractor has engaged in conduct undermining the compe…

27 CAR § 96-102. Definitions. As used in this part: (1)(A) “Affiliate” means any business entity which is closely connected or associated with another business entity so that one (1) entity controls or has the power to control the other entity either directly or indirectly, or a …

27 CAR § 96-103. Suspension. (a) The Director of State Highways and Transportation may suspend a contractor and/or its affiliates from bidding on State Highway Commission contracts, participating in the bidding on commission contracts, subcontracting on commission contracts, or s…

27 CAR § 96-104. Debarment. (a) The State Highway Commission may after thirty (30) days’ notice debar a contractor and/or its affiliates from bidding on commission contracts for any of the following reasons: (1) Conviction of a contractor or affiliates of a bidding crime resultin…

27 CAR § 96-105. Rules applicable to debarment. (a) For purposes of debarment, the illegal or improper conduct of an individual may be fully imputed to the business firm with which he or she is or was associated or by whom he or she is or was employed where that conduct was engag…

27 CAR § 96-106. Notice to contractor. A copy of this part shall be mailed to each prequalified contractor and to each contractor heretofore debarred or suspended.

27 CAR § 97-101. Special provisions. (a) All existing structures, operating appurtenances, pole lines, service facilities, and track arrangements shall be exempt from this part except as hereinafter provided. (b)(1) No change in track location or elevation shall thereafter be mad…

27 CAR § 97-102. Overhead clearances. (a)(1) Overhead clearance in general: twenty-two feet no inches (22' 0"). (2) Overhead clearances may be reduced to comply with subsections (d) and (e) of this section. (b)(1) Overhead clearance in building: eighteen feet no inches (18' 0"). …

27 CAR § 97-103. Side clearances. (a)(1)(A) Side clearance in general: eight feet six inches (8' 6"). (B) Note. It is recommended that, wherever practicable, all posts, pipes, warning signs, and other small obstructions be given a side clearance of ten feet (10’). (2)(A) Side cle…

27 CAR § 97-104. Track clearances. (a)(1) Track clearances, in general: fourteen feet no inches (14' 0"). (2) The minimum distance between the center lines of parallel standard gauge railroad tracks, which are used or proposed to be used for transporting freight cars, shall be fo…

27 CAR § 97-105. Public roads, highways, and street covers over or under tracks. (a) Where a public road, highway, or street crosses above any railroad or street railroad track used or proposed to be used for transporting freight cars, the minimum overhead and side clearance in g…

27 CAR § 97-106. General conditions. (a) Exemptions. (1) Exemptions from any of the requirements contained herein will be considered by the State Highway Commission upon proper application from the: (A) Carriers; (B) Industries; or (C) Other interested persons. (2) A request for …

27 CAR § 110-1001. Definitions. As used in this subpart: (1) "Assigned, transferred, or hypothecated in any manner", as used in Arkansas Code § 23-13-232, means to include the sale, assignment, transfer, or hypothecation of the majority of stock in a corporation operating in intr…

27 CAR § 110-1002. Shipper certification in support of applications. (a)(1) Every application for a certificate or permit shall indicate whether the application will be supported by shippers or others who will present evidence in support of the application as to their need for th…

27 CAR § 110-1003. Departure from general rules — Special conditions. (a) Every motor carrier must comply with the orders, tariffs, and rules of the State Highway Commission. (b) If any motor carrier has any special conditions applying in the case of any of its operations which j…

27 CAR § 110-1004. Application to interstate commerce. All of the general rules of practice and special rules governing carriers as herein stated, and all orders of the State Highway Commission now in force or which may hereafter be made, and rules hereafter promulgated by the co…

27 CAR § 110-1005. Interruption of service. (a) Any interruption of regularly scheduled service which likely will continue for more than twenty-four (24) hours shall be reported promptly to the State Highway Commission together with a full statement of the cause of the interrupti…

27 CAR § 110-1006. Changes in intrastate tariffs and schedules. (a) This section is not applicable to motor common carriers of passengers whose rates, rules, or practices are subject to United States Surface Transportation Board jurisdiction under Subchapter II of 49 U.S.C. §§ 10…

27 CAR § 110-1007. Superhighways rules — Motor carriers. (a) All certificates of public convenience and necessity authorizing the transportation of persons or property, with or without exceptions, over a regular service route or routes, issued by the State Highway Commission purs…

27 CAR § 110-1008. Discontinuance of service. (a) Whenever no business is conducted under any permit, certificate, or license issued by the State Highway Commission for a period of one (1) year, such failure to render reasonably continuous service under the authority shall subjec…

27 CAR § 110-101. Scope of part. This part shall govern procedure before the State Highway Commission in proceedings under rail, motor, and all other carrier regulator acts passed by the General Assembly of the state conferring jurisdiction upon the commission, unless otherwise d…

27 CAR § 110-102. Definitions. As used in this part: (1) "Acts" means, unless the context otherwise indicates, any statute which the State Highway Commission administers in whole or in part; (2) "Applicant" means a person filing an application; (3) "Defendant" means a carrier or …

27 CAR § 110-103. Liberal construction. This part shall be liberally construed to secure just, speedy, and inexpensive determination of issues presented.

27 CAR § 110-104. Information — Special instructions. Information as to procedure under this part, and instructions supplementing this part in special instances, will be furnished upon application made to the secretary of the State Highway Commission.

27 CAR § 110-105. Office of the commission — Business hours. (a) The principal office of the State Highway Commission is in Little Rock, Arkansas. (b) The office shall be open during business hours each day, Saturdays, Sundays, and legal holidays excepted.

27 CAR § 110-106. Communications and pleadings generally. (a)(1) How addressed. All communications should be addressed to the State Highway Commission as follows: Arkansas State Highway Commission P.O. Box 2261 Little Rock, AR 72203 (2) All communications should clearly designate…

27 CAR § 110-107. General sessions. General sessions of the State Highway Commission for the transaction of its business will be held at its principal office on regular business days as scheduled by the commission.

27 CAR § 110-108. Special sessions. Special sessions of the State Highway Commission for consultation or for the transaction of business may be held at any time and place as may be scheduled by the commission.

27 CAR § 110-109. Hearing, inquiry, or investigation. The State Highway Commission may, by one (1) or more of its members especially authorized, or by such other representatives as it may designate and authorize, conduct in any part of the State of Arkansas any inquiry, investiga…

27 CAR § 110-110. Secretary — Duties. The secretary shall have custody of the State Highway Commission's seal and official records and shall be responsible for the maintenance and custody of the docket, files, and records of the commission, including the transcripts of testimony …

27 CAR § 110-1101. Applications for certificates. (a) Every application for a certificate of convenience and necessity shall be in writing. (b) Such application shall contain or be accompanied by the following: (1) The name (and trade name, if any) and address or location of the …

27 CAR § 110-1102. Applications for permits. (a) Every application for a permit as a contract carrier shall be made in writing. (b) The application shall contain or be accompanied by: (1) The applicant's: (A) Name (and trade name, if any); and (B) Address and location of his or h…

27 CAR § 110-1103. Contracts of contract carriers — Contents — Approval. (a) All contracts or agreements under which a contract carrier proposes to operate in intrastate commerce in this state shall be submitted to the State Highway Commission and approval of such contracts obtai…

27 CAR § 110-1104. Applications for transfer or lease of certificate or permit. (a) Certificates, permits, and licenses shall not be assigned, transferred, or leased without prior authorization of the State Highway Commission and on written application. (b) The application for tr…

27 CAR § 110-1105. Approval of lease of certificate or permit. (a) Unless unusual circumstances are found by the State Highway Commission, a lease of operating rights will not be approved for longer than a period of one (1) year. (b) During this time, the parties shall be expecte…

27 CAR § 110-1106. Application for approval of finance matters. (a) Each application by a motor carrier for authority to issue stocks, bonds, notes, or other evidence of indebtedness payable at a period of more than twelve (12) months from the date thereof, or for authority to cr…

27 CAR § 110-1107. Applications for temporary authority. (a) Every application for temporary authority shall be in writing on the forms provided by the State Highway Commission and shall be duly verified by the applicant, or in the case of a corporation or partnership, by one (1)…

27 CAR § 110-1108. Applications for registration of interstate authority. (a) Every motor carrier using any of the public highways of this state for the transportation of persons or property in interstate commerce shall make application to the State Highway Commission for a certi…

27 CAR § 110-1109. Application for transporting United States Surface Transportation Board exempt commodities. (a) Every motor carrier using any of the public highways of this state for the transportation of property exempted under Section 203(b) of the Interstate Commerce Act, P…

27 CAR § 110-111. Secretary — Authentication. All orders and other actions of the State Highway Commission shall be authenticated or signed by the secretary or such other person as may be authorized by the commission.

27 CAR § 110-1110. Failure to commence operation. (a) Failure on the part of any motor vehicle carrier to commence operation of any route or routes specified in any permit or certificate within ninety (90) days after the issuance of the same, shall automatically cancel said permi…

27 CAR § 110-1111. Failure to comply with tariff, schedule, or insurance requirements. If compliance is not made by an applicant with the tariff, schedule, and insurance requirements within ninety (90) days from the date notice is given by the State Highway Commission to the appl…

27 CAR § 110-1112. Application for hazardous waste transportation permit. (a) Every application for a hazardous waste transportation permit shall be made in writing. (b) The application shall contain or be accompanied by: (1) The applicant's name (or trade name, if any) and addre…

27 CAR § 110-1113. Applications of common carriers for armored car service — Contents — Approval. (a) Armored car companies making application for intrastate authority may apply as common carriers, notwithstanding the fact that contracts may be or have been entered into between t…

27 CAR § 110-112. Numbers assigned to proceedings. The secretary shall assign to each proceeding a number and title descriptive of the subject matter, which number and title will be placed on all notices issued, orders made, and papers filed in each proceeding.

27 CAR § 110-113. Dismissal of appeal — Notice to commission. (a) Any party appealing an order of the State Highway Commission who shall subsequently dismiss such appeal, shall promptly notify the commission in writing of the dismissal of such appeal. (b) Any party appealing on o…

27 CAR § 110-114. Use of gender and number. (a) Words importing the singular number may extend to and be applied to several persons or things. (b) Words importing the plural number may include the singular. (c) The words importing the masculine gender may be applied to females.…

27 CAR § 110-115. Continuances. (a) After any proceeding has been set for hearing, no motion for continuance will be granted except for good cause shown. (b) A motion for continuance shall be in writing and shall set forth the grounds for request. (c) In no case will an agreement…