Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-13-101 Use of motor carrier safety improvement — Worker status unchanged — Definitions
1.8K chars
(a) As used in this section:(1) “Motor carrier safety improvement” means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate:(A) Compliance with traffic safety or motor car…
Ark. Code Ann. § 23-13-102 Inspection of licensees — Employment of inspectors — Restraining operations
0.7K chars
(a) The Arkansas Department of Transportation shall have the right to employ one (1) or more inspectors as may be needed for the purpose of making inspections of licensees from time to time. (b) If any person, firm, or corporation is operating without complying with the provision…
Ark. Code Ann. § 23-13-103 Municipalities may not tax
0.1K chars
No city or town shall impose any tax or license upon any motor vehicle carrier licensed under the provisions of this act.
Ark. Code Ann. § 23-13-104 Notice of cancellation or termination of insurance policy on leased motor vehicles
0.4K chars
Prior to the cancellation or termination of any liability, cargo, or property and casualty insurance policies issued on leased motor carriers, particularly motor carriers using tractor-trailor rigs, notice of the cancellation or termination shall be mailed or delivered by the ins…
Ark. Code Ann. § 23-13-105 Certain indemnity provisions void — Definitions
9.6K chars
(a) As used in this section:(1) “Gas” means all natural gas, including casing-head gas and all other hydrocarbons not defined as oil in this section;(2) “Motor carrier” means:(A) An individual or entity that is engaged in the transportation of property for compensation by motor v…
Ark. Code Ann. § 23-13-201 Title
0.1K chars
This subchapter may be cited as the “Arkansas Motor Carrier Act, 1955”.
Ark. Code Ann. § 23-13-202 Purpose
1.7K chars
(1) It is declared that it is necessary in the public interest to regulate transportation by motor carriers in such manner as to:(1) Recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers;(2) Promote a…
Ark. Code Ann. § 23-13-203 Definitions
15.0K chars
(a) As used in this subchapter, unless the context otherwise requires:(1) “Broker” means any person not included in the term “motor carrier” and not a bona fide employee or agent of any motor carrier. A “broker”, as principal or agent, sells or offers for sale any transportation …
Ark. Code Ann. § 23-13-204 Applicability of subchapter
0.8K chars
(a) The provisions of this subchapter, except as specifically limited in this subchapter, shall apply to the transportation of passengers or property by motor carriers over public highways of this state and the procurement of, and provisions of, facilities for such transportation…
Ark. Code Ann. § 23-13-205 Interstate commerce unaffected by subchapter
0.2K chars
Nothing in this subchapter shall be construed to interfere with the exercise by agencies of the United States Government of its power of regulation of interstate commerce.
Ark. Code Ann. § 23-13-206 Exemptions
29.8K chars
(a) Nothing in this subchapter shall be construed to include:(1) (A) Motor vehicles:(i) Employed solely in transporting schoolchildren and teachers to or from school; and(ii) Used in carrying:(a) Set-up houses;(b) Ordinary livestock;(c) Unprocessed fish, including shellfish;(d) U…
Ark. Code Ann. § 23-13-207 Regulation by department
0.2K chars
The regulation of the transportation of passengers or property by motor carriers over the public highways of this state, the procurement thereof, and the provisions of facilities is vested in the Arkansas Department of Transportation.
Ark. Code Ann. § 23-13-208 General duties and powers of department
5.7K chars
(1) It shall be the duty of the Arkansas Department of Transportation:(1) To regulate common carriers by motor vehicle as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to continuous and adequate service and transportat…
Ark. Code Ann. § 23-13-209 Mandatory injunction — Requirement that department take jurisdiction
0.4K chars
Where the Arkansas Department of Transportation, in respect to any matter arising under this subchapter, has issued a negative order solely because of a supposed lack of power, any party in interest may file a bill of complaint in the Pulaski County Circuit Court. The court, if i…
Ark. Code Ann. § 23-13-210 Hearings before department
2.4K chars
(a) Any matter arising in the administration of this subchapter concerning which a hearing is required shall be heard by the Arkansas Department of Transportation. (b) A decision of the majority of the members of the department shall constitute its decision. (c) The department ma…
Ark. Code Ann. § 23-13-211 Appeals — Entitlement
0.2K chars
Any final order made under this subchapter is subject to the same right of appeal by any party to the proceedings as is provided by § 23-2-425, in respect to appeals from the order of the Arkansas Department of Transportation.
Ark. Code Ann. § 23-13-212 Appeals — Notice
0.2K chars
Upon the filing of a motion for appeal, the Arkansas Department of Transportation shall forthwith serve notice of the appeal upon all parties to the proceeding appealed from.
Ark. Code Ann. § 23-13-213 Appeals — Stay of operating authority pending appeal
0.7K chars
If the party appealing desires to stay the beginning of the operating authority granted by the Arkansas Department of Transportation, the party shall file with the motion for appeal a bond, with surety thereon approved by the Pulaski County Circuit Court. The bond shall be condit…
Ark. Code Ann. § 23-13-214 Appeals — Transcripts
2.6K chars
(a) Where any appeal is taken, as provided in §§ 23-13-211 — 23-13-215 or by other statutes with regard to appeals from orders of the Arkansas Department of Transportation, the secretary of the department shall cause to be prepared, for use on the appeal, an accurate and true cop…
Ark. Code Ann. § 23-13-215 Appeals — Filing fees
0.4K chars
The secretary of the Arkansas Department of Transportation shall immediately notify the party filing the motion for appeal the date of the deposit of the transcript with the clerk of the Pulaski County Circuit Court. Within ten (10) days from the date of the deposit of the transc…
Ark. Code Ann. § 23-13-216 Agent for service of process, notices, or orders
2.0K chars
(a) (1) It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be mad…
Ark. Code Ann. § 23-13-217 Enforcement officers
7.9K chars
(a) The State Highway Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of this subchapter. (b) The enforcement officers shall have authority to enforce § 27-50-308 and the Omnibus DWI or BWI Act, § 5-65-101 et…
Ark. Code Ann. § 23-13-218 Certificate of public convenience and necessity — Requirement
0.3K chars
No common carrier by motor vehicle subject to the provisions of this subchapter shall engage in any operation on any public highway in this state unless there is in force with respect to such a carrier a certificate of public convenience and necessity issued by the Arkansas Depar…
Ark. Code Ann. § 23-13-219 Certificate of public convenience and necessity — Application and fees
0.6K chars
(a) Applications for certificates of public convenience and necessity shall be made in writing to the Arkansas Department of Transportation, be verified under oath, shall be in such form, contain such information, and be accompanied by proof of service upon such interested partie…
Ark. Code Ann. § 23-13-220 Certificate of public convenience and necessity — Issuance — Notice and hearing
3.4K chars
(a) (1) Subject to the provisions of this subchapter, a certificate of public convenience and necessity shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is fit, wi…
Ark. Code Ann. § 23-13-221 Certificate of public convenience and necessity — Terms and conditions
4.7K chars
(a) (1) Any certificate of public convenience and necessity issued under this subchapter shall specify:(A) The service to be rendered and the route over which;(B) The fixed termini, if any, between which;(C) The intermediate and off-route points, if any, at which; and(D) In case …
Ark. Code Ann. § 23-13-222 Permits for contract carriers — Requirement
0.3K chars
No person shall engage in the business of a contract carrier by motor vehicles over any public highways in this state unless there is in force with respect to the carrier a permit issued by the Arkansas Department of Transportation authorizing such persons to engage in such busin…
Ark. Code Ann. § 23-13-223 Permits for contract carriers — Application and fees
0.6K chars
(a) Applications for permits for contract carriers by motor vehicles shall be made to the Arkansas Department of Transportation in writing, be verified under oath, and shall be in such form, contain such information, and be accompanied by proof of service upon such interested par…
Ark. Code Ann. § 23-13-224 Permits for contract carriers — Issuance
2.0K chars
(a) Subject to this subchapter, a permit for a contract carrier by motor vehicle shall be issued to any qualified applicant therefor authorizing in whole or in part the operations covered by the applications, if it is found that the applicant is fit, willing, and able to properly…
Ark. Code Ann. § 23-13-225 Permits for contract carriers — Terms and conditions — Contracts for services
1.6K chars
(a) The State Highway Commission shall specify in the permit for a contract carrier by motor vehicle the business of the contract carrier covered thereby and the scope thereof. The commission shall attach to the permit, at the time of issuance, and from time to time thereafter, s…
Ark. Code Ann. § 23-13-226 Dual operation
0.4K chars
No person shall at the same time hold under this subchapter a certificate as a common carrier and permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown t…
Ark. Code Ann. § 23-13-227 Certificates and permits — Security for the protection of the public
4.1K chars
(a) No certificate or permit shall be issued to a motor carrier or remain in force unless the carrier complies with such reasonable rules as the Arkansas Department of Transportation shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifi…
Ark. Code Ann. § 23-13-228 Transportation of persons or property in interstate commerce on public highways unlawful without adequate surety
0.3K chars
It is declared unlawful for any motor carrier to use any of the public highways of this state for the transportation of persons or property in interstate commerce unless there is in force with respect to the motor carrier adequate surety for the protection of the public.
Ark. Code Ann. § 23-13-229 Temporary authority
1.5K chars
(a) To provide motor carrier service for which there is an urgent and immediate need to, from, or between points within a territory having no motor carrier service deemed capable of meeting that need, the Arkansas Department of Transportation in its discretion and without hearing…
Ark. Code Ann. § 23-13-230 Brokers — Licenses — Rules for protection of public
3.9K chars
(a) (1) A person shall not for compensation sell or offer for sale transportation subject to this subchapter; make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation; or hold himself or herself or itself out by advertisements,…
Ark. Code Ann. § 23-13-231 Certificates, permits, and licenses — Effective dates
0.2K chars
Certificates, permits, and licenses shall be effective from the date specified therein and shall remain in effect until terminated as provided in this subchapter.
Ark. Code Ann. § 23-13-232 Certificates, permits, and licenses — Transfer, assignment, etc
2.9K chars
(a) Certificates, permits, and licenses shall not be assigned, transferred, or hypothecated in any manner, nor shall the operation under any such permit, certificate, or license be leased without authority of the Arkansas Department of Transportation and on written application, a…
Ark. Code Ann. § 23-13-233 Certificates, permits, and licenses — Amendment, revocation, and suspension
2.3K chars
(a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hea…
Ark. Code Ann. § 23-13-234 Operation without certificate or permit prohibited — Violation of terms, conditions, etc., of certificate, permit, or license prohibited
4.0K chars
(a) (1) Any motor carrier using the highways of this state without first having obtained a permit or certificate from the Arkansas Department of Transportation, as provided by this subchapter, or who, being a holder thereof, violates any term, condition, or provision thereof shal…
Ark. Code Ann. § 23-13-235 Annual fees charged carriers — Remittance — Disposition of funds
3.4K chars
(a) (1) From each common or contract carrier of passengers or property, there shall be collected an annual fee for the registration of insurance. The annual registration fee to be collected from each common or contract carrier of passengers or property holding only a certificate …
Ark. Code Ann. § 23-13-236 Common carriers — Duties as to transportation of passengers and property — Rates, charges, rules, etc
2.8K chars
(a) It shall be the duty of every common carrier of passengers by motor vehicle:(1) To establish reasonable through routes with other common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers;(2) To establish, observe…
Ark. Code Ann. § 23-13-237 Common carriers — Rates, fares, and charges to be just and reasonable — Unreasonable preferences or advantages prohibited
1.0K chars
(a) All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in the transportation of passengers or property as provided in § 23-13-236, or in connection therewith, shall be just and reasonable. Every unjust and unreasonable charg…
Ark. Code Ann. § 23-13-238 Common carriers — Rates, fares, rules, etc. — Complaints
0.3K chars
Any person, state board, organization, or body politic may make complaint in writing to the Arkansas Department of Transportation that any rate, fare, charge, classification, rule, or practice in effect or proposed to be put into effect is or will be in violation of this subchapt…
Ark. Code Ann. § 23-13-239 Common carriers — Rates, fares, rules, etc. — Determination by department
2.7K chars
(a) (1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas Department of Transportation shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carriers by railroad,…
Ark. Code Ann. § 23-13-240 Common carriers — Rates, charges, rules, etc. — Establishment and division of joint rates, charges, etc
4.0K chars
(a) (1) Common carriers of property by motor vehicle may establish reasonable through routes and joint rates, charges, and classifications with other such carriers or with common carriers by railroad or express or water.(2) Common carriers of passengers by motor vehicle may estab…
Ark. Code Ann. § 23-13-241 Common carriers — Schedules, rules, etc., affecting rates, fares, etc. — Hearings — Suspension proceedings
2.6K chars
(a) Whenever any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers, or by any such carrier in conjunction with a common carrier or carriers by railroad, express, or water, or any rule or practice affecting the ra…
Ark. Code Ann. § 23-13-242 Common carriers — Rates, charges, rules, etc. — Factors of reasonableness or justness
2.2K chars
(a) In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carrier by motor vehicle, the Arkansas Department of Transportation shall give due consideration, among other factors, to:(1) The inherent advantages…
Ark. Code Ann. § 23-13-243 Sections 23-13-236 — 23-13-242 cumulative
0.1K chars
Nothing in §§ 23-13-236 — 23-13-242 shall be held to extinguish any remedy or right of action not inconsistent therewith.
Ark. Code Ann. § 23-13-244 Tariffs of common carriers by motor vehicle
5.4K chars
(a) (1) Whenever an applicable tariff has not already been prescribed by the Arkansas Department of Transportation, every common carrier by motor vehicle shall file with the department and shall keep open to public inspection at all times tariffs showing all the rates, fares, and…
Ark. Code Ann. § 23-13-245 Contract carriers — Schedule of minimum rates and charges, rules, and practices — Requirement — Filing, posting, and publishing required
1.1K chars
(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property or in connection therewith and to establish and observe rea…