95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-12-511 [Repealed.]
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A.C.A. § 23-12-511Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-12-512 Blocks in frogs and guardrails required
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(a) Any company owning or operating any railroads in this state shall be required to place and maintain blocks of a sufficient size in all its frogs and guardrails to prevent employees from getting their feet caught therein. (b) Any company owning and operating any railroad in th…
Ark. Code Ann. § 23-12-513 [Repealed.]
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A.C.A. § 23-12-513Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-12-514 Standard employee identification requirements — Findings — Definitions
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(a) The General Assembly finds that:(1) The services provided by railroads are essential to the functionality of the state;(2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident;(3) The R…
Ark. Code Ann. § 23-12-515 Railroad fatality reports
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(a) (1) Except as provided in subsection (b) of this section, a public record, as defined under the Freedom of Information Act of 1967, § 25-19-101 et seq., involving a railroad fatality shall be maintained by its custodian in a manner that ensures the confidentiality of the pers…
Ark. Code Ann. § 23-12-601 Trains to run on regular schedule — Accommodations for passengers — Damages for noncompliance
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(a) Every railroad corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice. (b) (1) Every railroad corporation shall furnish sufficient accommodations for the transportation of all passengers and …
Ark. Code Ann. § 23-12-602 Transfer of passengers, freight, and mail at crossings, intersections, etc. — Damages
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(a) Every railroad company operating a railroad in this state shall cause all freight and passenger trains running on its roads to stop at all points on its roads where another railroad crosses, joins, unites, or intersects. At those places the company shall take and receive on i…
Ark. Code Ann. § 23-12-603 Department may require passenger trains to stop at all stations — Exception
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(a) The Arkansas Department of Transportation is empowered to require every company or person operating a railroad in Arkansas which runs and operates passenger trains to stop one (1) of its passenger trains each way every day at all regular stations where tickets are sold whethe…
Ark. Code Ann. § 23-12-604 Duty to erect depot and stop passenger trains in cities and towns near state line — Exception — Penalty
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(a) Any railroad company owning or operating a line of railway in this state, passing through any city or incorporated town within one-half (½) mile of the state boundary line of this state, shall erect and maintain a suitable depot therein and shall stop all its passenger trains…
Ark. Code Ann. § 23-12-605 Union passengers or freight depots
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(a) The Arkansas Department of Transportation shall have power to require the building and maintaining of union passenger or freight depots, by two (2) or more railroads in any city of the first class or city of the second class in this state, when the business and conditions in …
Ark. Code Ann. § 23-12-606 Stopping train within town limits upon petition — Facilities to be maintained — Enforcement — Damages — Penalty
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(a) (1) When not fewer than fifty (50) citizens of any incorporated town in this state, situated on the line of any railroad run or operated within this state, shall make application in writing to the president of the railroad company, to the board of directors thereof, through i…
Ark. Code Ann. § 23-12-607 Petitions for establishment, discontinuance, modification, etc., of service — Authority of department
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The Arkansas Department of Transportation is authorized, empowered, and required to hear and consider all petitions filed with it for establishment, discontinuance, enlargement, dualization, or modification of railroad train service, spurs, sidetracks, and platforms.
Ark. Code Ann. § 23-12-608 Establishment, discontinuance, modification, etc., of service generally — Investigation of objects sought to be accomplished — Findings
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(a) Within thirty (30) days after the filing of a petition, the Arkansas Department of Transportation shall proceed to make a personal inspection of the conditions complained of and investigate the objects sought to be accomplished by the petitioners. The department shall have th…
Ark. Code Ann. § 23-12-609 Establishment, discontinuance, modification, etc., of service generally — Failure to comply with findings and mandate — Penalty
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(a) Any railroad, railroad company, lessee, or operator of the railroad company, which fails or refuses to comply with the findings, decrees, and mandates of the Arkansas Department of Transportation within the time specified therein, shall be deemed guilty of a misdemeanor. (b) …
Ark. Code Ann. § 23-12-610 Petitions to establish, reestablish, or enlarge service
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A petition for establishment, reestablishment, or enlargement of railroad train service, spurs, sidetracks, and platforms shall be signed by at least twenty-five (25) qualified electors residing in the territory sought to be affected.
Ark. Code Ann. § 23-12-611 Discontinuance, dualization, or modification of agency station — Petitions to reestablish
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(a) Any railroad operating in this state may file with the Arkansas Department of Transportation a notice of discontinuance, dualization, or modification of any of its agency stations together with a statement certified by a proper officer of the railroad to the effect that the a…
Ark. Code Ann. § 23-12-612 Abandonment of operations without authority — Stockholders to offer stock for sale — Penalty — Enforcement
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(a) When any railroad corporation organized under the laws of Arkansas and operating properties within the State of Arkansas abandons such operations for a period of thirty (30) days or more without specific authority from the regulatory bodies having jurisdiction thereof, the st…
Ark. Code Ann. § 23-12-613 Receiver appointed upon attempt to abandon
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(a) If any railroad corporation, manager, or receiver shall attempt to abandon any railroad, or part thereof, by failing to operate its trains, or to resume operation of its trains over its railroad, or part thereof, if the operation of trains has been abandoned, the Arkansas Dep…
Ark. Code Ann. § 23-12-614 Posting information regarding National Human Trafficking Resource Center Hotline
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A passenger train station governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under § 12-19-102.
Ark. Code Ann. § 23-12-701 Railroad police — Purpose — Appointment
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Any railroad company or corporation owning or operating a railroad in this state may appoint one (1) or more persons to be designated by the railroad company as a railroad police officer to aid and supplement the law enforcement agencies of this state in the protection of the per…
Ark. Code Ann. § 23-12-702 Railroad police — Oath and bonds
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Before entering into the performance of his or her duties, every railroad police officer appointed shall take and subscribe an oath of office and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the State of Arkansas, conditioned for the faithful p…
Ark. Code Ann. § 23-12-703 Railroad police — Powers
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Each police officer shall have and exercise throughout the State of Arkansas the power to make arrests for the violation of any law on the property of the company, and to arrest persons, whether on or off the company's property, for the violation of any law on the company's prope…
Ark. Code Ann. § 23-12-704 Railroad police — Jailing of persons arrested
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The keepers of jails in any county or municipality wherein a violation of the law occurs for which any arrest is made shall receive all persons arrested by railroad police officers, and persons so arrested shall have the same status as prisoners arrested by any other police offic…
Ark. Code Ann. § 23-12-705 Railroad police — Identification
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When on duty, every railroad police officer appointed shall have in his or her possession a badge and identification card identifying him or her as a member of the police department of the railroad company for which he or she is appointed. He or she shall exhibit the badge or ide…
Ark. Code Ann. § 23-12-706 Railroad police — Compensation
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The compensation for railroad police officers shall be paid by the company for which they are respectively appointed.
Ark. Code Ann. § 23-12-707 Railroad police — Termination of powers
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When a company no longer requires the services of a railroad police officer, it shall file a notice to that effect with the Secretary of State. Thereupon, the powers of the police officer shall terminate.
Ark. Code Ann. § 23-12-708 Drinking or drunkenness in public places — Arrests by railroad conductors
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(a) (1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212, and to …
Ark. Code Ann. § 23-12-801 [Repealed.]
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A.C.A. § 23-12-801Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-12-802 Trespassers boarding trains
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Any person who boards any passenger, freight, or other railway train, whether moving or standing still, for any purpose and without good faith intending to become a passenger on the train and with no lawful business on the train and with intent to obtain a free ride on the train,…
Ark. Code Ann. § 23-12-803 [Repealed.]
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A.C.A. § 23-12-803Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-12-804 Discharge of firearms or throwing objects at railroad or street car
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If any person knowingly discharges firearms or throws stones, sticks, clubs, or other missiles at, into, or against any locomotive, railroad car, or street car on any railroad, upon conviction he or she shall be guilty of a Class A misdemeanor.
Ark. Code Ann. § 23-12-805 Willful interference with railroads — Damages
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(a) If any person willfully does or causes any act whatever, whereby any building, construction, or work of any railroad corporation in this state, or any engine, machine, structure, or any matter or thing appertaining to the railroad corporation shall be stopped, obstructed, inj…
Ark. Code Ann. § 23-12-806 [Repealed.]
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A.C.A. § 23-12-806Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-12-807 Engineer or conductor intoxicated
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If a person is intoxicated while in charge of a locomotive engine running upon any railroad in this state or while acting as the conductor of any cars on any railroad in this state, he or she is guilty of a Class A misdemeanor and shall be punished accordingly.
Ark. Code Ann. § 23-12-808 Tampering with rail infrastructure — Definitions
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(a) As used in this section:(1) “Interfere” means to tamper with, displace, remove, damage, disable, destroy, set fire to, impair, obstruct, or otherwise hinder; and(2) “Rail infrastructure” means the following that are located on property owned by a railroad or property owned, l…
Ark. Code Ann. § 23-12-901 Legislative intent
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It is the intent and purpose of this section and §§ 23-12-902 — 23-12-910 and 23-12-912 to reenact those provisions of law relating to railroads which were repealed by Acts 1961, No. 170 [repealed], and to place railroads on an equal basis with other persons, firms, and corporati…
Ark. Code Ann. § 23-12-902 Liability for injury to persons or property generally
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All railroads which are built and operated in whole or in part of this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state.
Ark. Code Ann. § 23-12-903 Parties to actions for personal injuries
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When any adult person is wounded by railroad trains running in this state, he or she may sue in his or her own name. When the person wounded is a minor, the father, if living, or if the father is not living, then the mother, or if neither parent is living, then the guardian may s…
Ark. Code Ann. § 23-12-904 Personal injury, property damage, or death — Contributory negligence no complete defense
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In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negli…
Ark. Code Ann. § 23-12-905 Service of process upon agent of railroad company
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Service by process of summons issued by any court under the provisions of this section and §§ 23-12-901 — 23-12-904, 23-12-910, and 23-12-912 shall be by serving a copy of the summons on any agent of the railroad company sued at any depot house in the county where suit is brought…
Ark. Code Ann. § 23-12-906 Levy and sale of railroad property under execution
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The property of any railroad company may be levied on and sold under an execution issued on a judgment for damages under this section and §§ 23-12-901 — 23-12-905, 23-12-910, and 23-12-912 in the same manner and under the same rules governing other judgments at law.
Ark. Code Ann. § 23-12-907 Duty of persons running trains to keep lookout — Contributory negligence no bar to recovery of damages
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(a) (1) It shall be the duty of all persons running trains in this state upon any railroad to keep a constant lookout for all persons, including licensees and trespassers, and property upon the track of any and all railroads.(2) If any person or property is killed or injured by t…
Ark. Code Ann. § 23-12-908 Killing or injuring livestock — Notice — Damages recoverable on failure to advertise
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(a) (1) Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to t…
Ark. Code Ann. § 23-12-909 Killing or injuring livestock — Actions
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Any person owning in his or her own right or having a special ownership in any horses, mules, cattle, or other stock killed or wounded by any railroad trains running in this state may sue the company running the trains for the damages sustained by the killing or wounding in any c…
Ark. Code Ann. § 23-12-910 Killing or injuring livestock — Prima facie evidence — Burden of proof
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The killing of stock on any railroad track shall be prima facie evidence that it was done by the trains, and the onus to prove the reverse will be on the railroad company.
Ark. Code Ann. § 23-12-911 [Repealed.]
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A.C.A. § 23-12-911Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-12-912 Killing or injuring livestock — Arbitration
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(a) (1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages.(2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where…
Ark. Code Ann. § 23-12-913 Liability for fires
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(a) All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, compani…