Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-14-101 Title
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This chapter shall be known and cited as the “Arkansas Air Commerce Act”.
Ark. Code Ann. § 23-14-102 Definitions
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(1) As used in this chapter, unless the context otherwise requires:(1) “Air commerce” means the carriage by aircraft of persons or property, or any class or classes thereof, including express, for compensation or hire in intrastate commerce in this state, including the carriage b…
Ark. Code Ann. § 23-14-103 Exemptions
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(1) Nothing in this chapter shall apply to or be construed or held to apply to:(1) The transportation or handling of United States mail; or(2) Any common carrier by aircraft which the Arkansas Department of Transportation shall by order determine to be engaged mainly and principa…
Ark. Code Ann. § 23-14-104 Penalties
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(a) A person, including any officer, agent, or employee of a corporation, that violates any provision of this chapter or fails to comply with any order, decision, or rule issued by the Arkansas Department of Transportation is guilty of a Class A misdemeanor. (b) Each day's violat…
Ark. Code Ann. § 23-14-105 Compliance with chapter required
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No person shall engage in air commerce except in accordance with the provisions of this chapter.
Ark. Code Ann. § 23-14-106 Control, supervision, and regulation by department
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A person engaging in air commerce is declared to be subject to control, supervision, and regulation by the Arkansas Department of Transportation.
Ark. Code Ann. § 23-14-107 Duties and powers of department
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(a) Administration and Enforcement. It shall be the duty of the Arkansas Department of Transportation to administer the provisions of this chapter, and to that end the department shall have authority to make and amend such general or special rules and regulations and to issue suc…
Ark. Code Ann. § 23-14-108 Pecuniary interest by employees prohibited
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No member of the Arkansas Department of Transportation or any employee of the department appointed or employed in the administration of this chapter shall in any manner have a pecuniary interest in, own any securities of, or hold any position with any common carrier by aircraft.
Ark. Code Ann. § 23-14-109 Certificates required
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No person shall engage in the business of a common carrier by aircraft unless there is in force a certificate issued by the Arkansas Department of Transportation authorizing the person to engage in that business.
Ark. Code Ann. § 23-14-110 Certificates — Application — Notice and hearings
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(a) Applications for certificates shall be made in writing to the Arkansas Department of Transportation, shall be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the department shal…
Ark. Code Ann. § 23-14-111 Temporary certificates
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The Arkansas Department of Transportation may grant temporary certificates without notice or hearing upon such terms and conditions as the department may prescribe, but not for a period exceeding one hundred eighty (180) days.
Ark. Code Ann. § 23-14-112 Certificates — Security for protection of public required
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No certificate shall be issued to a common carrier by aircraft 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, qualific…
Ark. Code Ann. § 23-14-113 Certificates — Evidence of compliance with other laws required
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No certificate shall be issued to any person to operate as a common carrier by aircraft unless the applicant submits evidence satisfactory to the Arkansas Department of Transportation showing that it will comply with the provisions of the laws of the United States and the lawful …
Ark. Code Ann. § 23-14-114 Issuance of certificates
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The Arkansas Department of Transportation, subject to §§ 23-14-109 and 23-14-111 — 23-14-113, shall issue a certificate authorizing the whole or any part of the operation covered by an application for a certificate if it finds that the applicant is fit, willing, and able to perfo…
Ark. Code Ann. § 23-14-115 Certificates — Terms and conditions
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Each certificate issued pursuant to this chapter shall set forth specifically the privileges granted thereby, together with the effective date and the duration thereof.
Ark. Code Ann. § 23-14-116 Certificates — Transfer or lease
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Any certificate may be transferred or leased subject to the approval of the Arkansas Department of Transportation and under such reasonable rules as may be prescribed by the department.
Ark. Code Ann. § 23-14-117 Certificates — Modification, suspension, or revocation
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The Arkansas Department of Transportation after due notice and hearing may alter, amend, modify, suspend, or revoke any certificate previously granted where the public interest so demands.
Ark. Code Ann. § 23-14-118 Rates and service generally
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Every common carrier by aircraft shall furnish reasonable and adequate service and facilities at just and reasonable rates as shall be determined by the Arkansas Department of Transportation.
Ark. Code Ann. § 23-14-119 Extension of service
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The Arkansas Department of Transportation after due notice and hearing may require any certificate holder to extend its existing service as required by the public convenience and necessity.
Ark. Code Ann. § 23-14-120 Abandonment or discontinuance of service
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No common carrier by aircraft shall abandon or discontinue any route or part thereof for which a certificate has been issued by the Arkansas Department of Transportation, unless upon the application of the common carrier the department finds after notice and opportunity for heari…
Ark. Code Ann. § 23-14-121 Tariffs
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(a) Filing. A common carrier by aircraft shall file with the Arkansas Department of Transportation, print, and make available to the public tariffs showing all rates, fares, and charges for air commerce between points served by it, and between points served by it and points serve…
Ark. Code Ann. § 23-14-122 Free or reduced-rate transportation
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(a) Nothing in this chapter shall prohibit common carriers by aircraft, under such terms and conditions as the Arkansas Department of Transportation may prescribe, from issuing or interchanging tickets or passes for free or reduced-rate transportation to:(1) Their directors, offi…
Ark. Code Ann. § 23-14-123 Change in tariff, charge, rule, regulation, etc. — Approval by department
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(a) (1) A change shall not be made in any rate, fare, or charge, or any classification, rule, regulation, or practice affecting the rate, fare, or charge, or the value of the service thereunder, specified in any effective tariff of any common carrier by aircraft, except upon appr…
Ark. Code Ann. § 23-14-124 Regulation of securities and liens — Liability of state
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(a) The Arkansas Department of Transportation is empowered to supervise, regulate, restrict, and control the issuance of stock, stock certificates, bonds, notes, and other evidences of indebtedness by common carriers by aircraft incorporated under the laws of Arkansas and the cre…
Ark. Code Ann. § 23-14-125 Accounts, records, and reports
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(a) The Arkansas Department of Transportation is empowered to require annual and other periodic reports from any common carrier by aircraft covering any or all operations or business. (b) The department may also require any common carrier by aircraft to file with it a true copy o…
Ark. Code Ann. § 23-14-126 Access to and examination of property and records
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(a) The Arkansas Department of Transportation shall at all times have access to all lands, buildings, and equipment of any common carrier by aircraft and to all accounts, records, and memoranda, including all documents, papers, and correspondence, now or hereafter existing and ke…
Ark. Code Ann. § 23-14-127 Emergency landings or takeoffs
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No common carrier by aircraft shall be deemed to have violated any term, condition, or limitation of its certificate by landing or taking off during an emergency at a point not named in its certificate, or by operating during an emergency between terminal and intermediate points …
Ark. Code Ann. § 23-14-128 Fees
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(a) Application Fees. The following application fees shall be paid to the Arkansas Department of Transportation at the time of filing an application:Click here to view form. (b) Disposition of Fees Collected. All fees or sums collected by the department under the provisions of th…