Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-12-1001 Title
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This subchapter may be referred to as the “Railroad Safety and Regulatory Act of 1993”.
Ark. Code Ann. § 23-12-1002 Jurisdiction
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The State Highway Commission administers the railroad crossing safety program in Arkansas and has heretofore been designated by the General Assembly as the sole public body to deal with and has been given exclusive jurisdiction concerning the location, construction, improvement, …
Ark. Code Ann. § 23-12-1003 Maintenance of crossings of public roads and railroads — Failure to comply — Penalties
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The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where a…
Ark. Code Ann. § 23-12-1004 Powers and duties
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(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad …
Ark. Code Ann. § 23-12-1005 Inadequate action or unreasonable refusal — Action on complaint
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(a) (1) (A) Prior to any request by a state, municipal, or county official for sanctions against any railroad company for violation of any rule promulgated pursuant to this subchapter, the state, municipal, or county official shall state the claim or complaint in writing by certi…
Ark. Code Ann. § 23-12-1006 Operation and movement of trains — Regulations, penalties, and enforcement
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The State Highway Commission is hereby designated as the sole public body to deal with, and is hereby given exclusive jurisdiction over, all matters pertaining to the operation and movement of trains within this state including, but not limited to, the obstruction of any public h…
Ark. Code Ann. § 23-12-1007 Investigations — Rules
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(a) (1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all n…
Ark. Code Ann. § 23-12-1008 Unlawful delay — Action on complaint
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(a) (1) (A) Prior to any request by a state, municipal, or county official for sanctions against a railroad company for violation of this section and §§ 23-12-1006 and 23-12-1007, the state, municipal, or county official shall state the claim or complaint in writing, by certified…
Ark. Code Ann. § 23-12-101 Sections 23-12-101 — 23-12-103 cumulative
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The provisions of this section and §§ 23-12-102 and 23-12-103 shall be regarded as cumulative, and nothing therein shall be so construed as to repeal any other act now in force, nor to in any way curtail or limit the powers and duties of the Arkansas Department of Transportation.
Ark. Code Ann. § 23-12-102 Inspection of railroads by department
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The Arkansas Department of Transportation shall carefully examine the condition of the railroads of this state as often as the department considers necessary.
Ark. Code Ann. § 23-12-103 Unsafe tracks, bridges, etc. — Inspection — Notice to railroad of necessary repairs, etc. — Failure to repair or to stop traffic — Liability for injuries — Penalties
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(a) (1) It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any…
Ark. Code Ann. § 23-12-104 Number and frequency of trains and streetcars
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(a) If in the judgment of the Arkansas Department of Transportation any railroad corporation or street railroad corporation does not run trains enough or cars enough or possess or operate motive power enough reasonably to accommodate the passenger and freight traffic transported …
Ark. Code Ann. § 23-12-105 Attorney's fee taxed in suits for transportation violations
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In all actions at law or suits in equity against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state, or partly therein, for the violation of any law regulating the transportation of freight or passengers by any such railr…
Ark. Code Ann. § 23-12-201 Maintenance of right-of-way free from obstructions — Penalty
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(a) (1) All railroad corporations operating in this state shall maintain their right-of-way at or around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other growing vegetation which may obstruct the view of pedestrians and vehicle op…
Ark. Code Ann. § 23-12-202 Permitting certain weeds to seed on right-of-way unlawful — Recovery of damages
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(a) It shall be unlawful for any railroad or railway company or corporation doing business in this state to permit any Johnson grass or Russian thistle to mature or go to seed upon any right-of-way owned, leased, or controlled by the railroad or railway company or corporation in …
Ark. Code Ann. § 23-12-203 Clearing right-of-way following derailment or wreck
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(a) Any railroad operating in this state shall be required to clear its right-of-way of debris and wrecked equipment within ninety (90) days following any derailment or train wreck. (b) In the event any railroad fails to comply with this requirement the Arkansas Department of Tra…
Ark. Code Ann. § 23-12-204 Drainage of roadbed — Penalty for noncompliance
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(a) Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the constru…
Ark. Code Ann. § 23-12-205 Sale of certain abandoned rights-of-way to municipalities
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(a) The term “abandons” as used in this section shall not include the nonuse of rights-of-way of a railroad that is presently inactive as a result of the insolvency of the railroad company if there are on-going efforts by either the railroad company or any governmental unit or ci…
Ark. Code Ann. § 23-12-206 Rail line abandonment process
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(a) After an operator of a railroad within the State of Arkansas has filed a notice of rail line abandonment consistent with the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, and notice of the proposed rail line abandonment has been received by the A…
Ark. Code Ann. § 23-12-207 Transfer of ownership or responsibility of railroad right-of-way
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(a) Any municipality, county, regional mobility authority, or regional intermodal authority may choose to operate or lease for operation any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206. (b) Any municipality, county, regional m…
Ark. Code Ann. § 23-12-301 Railroad crossings to be under supervision of commission
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(1) The State Highway Commission shall have exclusive power to:(1) Determine and prescribe the manner, including the particular point, of crossing and the terms of installation, operation, maintenance, apportionment of expenses, use, and protection of each crossing of one (1) rai…
Ark. Code Ann. § 23-12-302 Railroad switch connections to be permitted
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Every railroad company shall permit switch connections for intrastate business to be made with its tracks at suitable and safe points by other carriers or shippers upon such terms and conditions as the Arkansas Department of Transportation may prescribe whenever, in the judgment …
Ark. Code Ann. § 23-12-303 Connections or crossings with other railroads — Compensation — Damages
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(a) (1) Every railroad corporation created and organized under the laws of this state or created and organized under the laws of any other state or the United States and operating a railroad in this state shall have the power to cross, intersect, join, or unite its railroad with …
Ark. Code Ann. § 23-12-304 Inspection of road crossings by commission — Hearings and orders
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(a) (1) It shall be the duty of the State Highway Commission, or any representative of it, to inspect any road or street crossing in this state, either on its own initiative or when its attention is called to it by any citizen.(2) Upon a hearing the commission may make an order r…
Ark. Code Ann. § 23-12-305 [Repealed.]
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A.C.A. § 23-12-305Current 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. § 23-12-306 Public roads to cross railroads at right angles
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(a) When any public road or highway is laid out, opened, repaired, or improved by authority of any general law of the state, by any special act of the General Assembly, by order of any county court, or in any other lawful manner, and the road or highway as promulgated shall cross…
Ark. Code Ann. § 23-12-307 [Repealed.]
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A.C.A. § 23-12-307Current 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. § 23-12-308 Removal of fences for public convenience — Penalty for noncompliance
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(a) At all public crossings, at all places where the streets abut the railroad right-of-way, and at all other places where the public convenience demands it in all cities and incorporated towns, all railroads in this state shall remove all fences from such places in the cities an…
Ark. Code Ann. § 23-12-401 [Repealed.]
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A.C.A. § 23-12-401Current 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. § 23-12-402 Locomotives to have headlights of requisite candlepower
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(a) Any company, corporation, or officer of court, owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, shall be required to equip, maintain, and use on each and every locomotive being operated in road service in this sta…
Ark. Code Ann. § 23-12-403 [Repealed.]
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A.C.A. § 23-12-403Current 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. § 23-12-404 Equipment required on track motor cars
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(a) No railroad company in this state shall use any track motor car for the transportation of its employees unless the motor car is equipped with a windbreaker, a red taillight, and an electric headlight of sufficient brilliancy to distinguish an object the size of a man at a dis…
Ark. Code Ann. § 23-12-405 [Repealed.]
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A.C.A. § 23-12-405Current 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. § 23-12-406 Transportation of hazardous materials
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(1) Any railroad transporting hazardous materials, as defined in the Hazardous Materials Transportation Act, in this state must have on the train, in the possession of the train crew, documents which shall contain the following information regarding the hazardous material:(1) Pos…
Ark. Code Ann. § 23-12-407 Repairs to cars to be done in state — Exceptions
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(a) (1) All railroad corporations operating within the State of Arkansas and having their repair shops within the state shall, and are required to, repair, renovate, or build in the State of Arkansas, any and all defective or broken cars, coaches, locomotives, or other equipment …
Ark. Code Ann. § 23-12-408 Lights to be placed on switches
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(a) Any company, corporation, or officer of court or any person operating any line of railroad during the nighttime in this state shall be required to place and maintain sufficient lights during the nighttime on all its main line switches of the line of railroad so operated. Gree…
Ark. Code Ann. § 23-12-409 Signals and signboards required at tunnels
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(a) (1) Every person, company, or corporation operating any railroad in this state or any receivers for any railroad company in this state are required to erect, operate, and maintain an automatic block signal system at all tunnels located upon their lines in this state.(2) The b…
Ark. Code Ann. § 23-12-410 Audible warning device to be sounded at crossing — Penalty and damages
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(a) To give warning of a train's approach, an audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded at least one-quarter (¼) mile in advance of each location in Arkansas where a railroad crosses any public road, highway, or st…
Ark. Code Ann. § 23-12-411 Warning boards required at crossings — Exception
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(a) Every railroad corporation in this state shall cause boards to be placed, well-supported by posts or otherwise, and constantly maintained across each public road or street where the public road or street is crossed by the railroad on the same level. (b) (1) The boards shall b…
Ark. Code Ann. § 23-12-412 Stock guards required when railroad passes through enclosure
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(a) (1) It shall be the duty of all railroad companies organized under the laws of this state or any other state, which have constructed or may construct a railroad which may pass through or upon any enclosed lands of another, whether such lands were enclosed at the time of the c…
Ark. Code Ann. § 23-12-501 Definitions for §§ 23-12-501 — 23-12-507
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As used in this section and §§ 23-12-502 — 23-12-507, unless the context otherwise requires, “common carrier by railroad” or “common carrier” shall be taken to embrace any company, association, corporation, or person managing, maintaining, operating, or in possession of a common …
Ark. Code Ann. § 23-12-502 Construction of §§ 23-12-501 — 23-12-507
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Nothing in this section and §§ 23-12-501 and 23-12-503 — 23-12-507 shall be held to limit the duty of common carriers by railroad or impair the rights of their employees in the existing laws of the state.
Ark. Code Ann. § 23-12-503 Liability for injury or death of employee generally
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(1) Every common carrier by railroad in this state shall be liable for all damages to any person suffering injury while he or she is employed by the carrier or, in case of the death of the employee, to his or her personal or legal representative, for the benefit of the surviving …
Ark. Code Ann. § 23-12-504 Death or injury caused by defective cars, appliances, etc. — Presumption of knowledge — Prima facie evidence of negligence
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(a) If the employee of any common carrier shall receive any injury or shall be killed by reason of any defect in any cars, engines, motors, appliances, machinery, tracks, roadbeds, works, wharves, or other equipment owned, operated, or used by the common carrier, the common carri…
Ark. Code Ann. § 23-12-505 Death or injury of employee — Contributory negligence
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(a) In all rights of action arising within, or by virtue of, this section and §§ 23-12-501 — 23-12-504, 23-12-506 and 23-12-507 for personal injury to an employee, or where an injury has resulted in his or her death, the fact that an employee may have been guilty of contributory …
Ark. Code Ann. § 23-12-506 Death or injury of employee — No assumption of risk
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An employee shall not be held to have assumed the risk of his or her employment in any action arising out of any of the provisions of this section and §§ 23-12-501 — 23-12-505, and 23-12-507.
Ark. Code Ann. § 23-12-507 Death or injury of employee — Contracts of employment or indemnity insurance no defense — Setoff by employer
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(a) No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee nor the acceptance of any insurance, relief benefit, or indemnity by the person entitled thereto shall constitute any bar or defense to any acti…
Ark. Code Ann. § 23-12-508 Railroads receiving hospital fees to provide hospital facilities in state — Penalty for noncompliance
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(a) (1) Every railroad company or corporation operating railroads in this state that collects or receives hospital fees from their employees shall provide hospital facilities in this state of such capacity and equipment as will be sufficient for the care, needs, and accommodation…
Ark. Code Ann. § 23-12-509 Limit on hours of service on freight trains of persons running trains — Penalties for noncompliance — Liability for death or injury
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(a) (1) Any company owning or operating a railroad over thirty (30) miles in length in whole or in part within this state shall not permit or require any conductor, engineer, fireman, brakeman, or any trainman on any train, who has worked in his or her respective capacity for six…
Ark. Code Ann. § 23-12-510 Limit of hours on duty of telephone and telegraph operators for railroads — Penalties
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(a) It shall be unlawful for any person, corporation, association, or their agents or officials operating a railroad within this state to permit any of the following to be on duty for more than eight (8) hours in any twenty-four (24) consecutive hours:(1) Any telegraph or telepho…