Title 23 — Public Utilities and Regulated Industries

(1) As used in this subchapter:(1) (A) “Other carriers” means all persons, firms, and corporations, other than rail carriers as defined in this section, which were subject to regulation by the former Arkansas Transportation Commission before the enactment of Acts 1945, No. 40, to…

This subchapter shall be construed as being cumulative as to the terms and provisions of Acts 1935, No. 324, Acts 1945, No. 40, and the Arkansas Air Commerce Act, § 23-14-101 et seq., except as otherwise provided in § 23-3-109.

(a) (1) Annually, during the month of March, every rail carrier and other carrier subject to regulation by the Arkansas Department of Transportation under the laws of Arkansas shall prepare and transmit to the department a certified statement of the gross revenues from its operat…

(a) There is levied and charged and there shall be collected annually from each rail carrier subject to regulation by the Arkansas Department of Transportation under the laws of Arkansas a fee in an amount equivalent to that proportion of the total rail carrier cost that the gros…

(a) After determining the amount of the fee due to be paid by each of the rail carriers, the Arkansas Department of Transportation, annually on or before August 15, shall prepare and transmit to each of the rail carriers a statement of the fees due for rail carrier costs during t…

(a) The Arkansas Department of Transportation shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep a separate and accurate record of that part of the cost of operation and maintenance of the department having to do with matters…

Any person, officer, manager, company, corporation, association, or firm who violates any of the provisions of this subchapter shall be guilty of a Class A misdemeanor.

Any bond, contract, or undertaking made in violation of the provisions of the subchapter shall be void.

No common carrier authorized to do business in this state, when requiring of an employee that he or she give a bond or undertaking of any nature whatsoever, shall require as surety thereon any person not a resident of this state. Nor shall any common carrier accept as surety any …

No common carrier authorized to do business in this state, when requiring of an employee that he or she give it a bond or undertaking of any nature whatsoever, shall require the employee to have the bond or undertaking executed by any particular person, company, corporation, asso…

Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state shall be made to cover a definite term.

No common carrier shall reject any bond or undertaking for any reason other than the financial insufficiency of the bond or undertaking.

(a) No such bond or undertaking shall be cancelled without the consent of all parties thereto, except for a breach of one (1) or more of the conditions thereof. (b) (1) Any such employee who has given a bond or undertaking and upon the breach of any of the conditions thereof by t…

(a) As used in this subchapter, unless the context otherwise requires, “common carrier” means any person, firm, or corporation which undertakes, either directly or indirectly, to transport members of the general public as passengers for compensation whether over regular or irregu…

Every common carrier, as defined by § 23-16-301, shall carry uninsured motorist liability insurance or shall become a self-insurer, in not less than the limits described in § 27-19-605, for the protection of passengers and operators of the common carrier who are legally entitled …

(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one (1) year after such an accident…

In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall be entitled to the proceeds of any settlement or judgment, to the extent of the payment, resulting fr…

This subchapter shall be known as and may be cited as the “Safe Transportation of Railroad Employees by Contract Carriers Act”.

(1) As used in this subchapter:(1) “Contract carrier” means a passenger contract carrier that for compensation transports railroad employees with a vehicle designed or used to transport eight (8) persons or less, including the driver; and(2) (A) “On-duty time” means all time at a…

(a) (1) A contract carrier shall maintain a driver qualification file for each driver it employs.(2) The driver qualification file may be combined with the personnel file of the employee. (1) A contract carrier shall maintain a driver qualification file for each driver it employs…

(a) A driver is disqualified from driving for a contract carrier under this subchapter if the driver has committed two (2) or more serious traffic violations under § 27-16-401 within a three-year period. (b) (1) A contract carrier shall not allow or require a driver to drive or r…

(a) (1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009.(2) A driver is qualified to drive for a contract carri…

(a) A contract carrier shall inspect or cause to be inspected a motor vehicle that it operates for passenger transportation. (b) (1) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commerc…

(a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section. (b) A contract carrier's maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, in…

(1) A contract carrier shall allow an employee of the Arkansas Highway Police Division of the Arkansas Department of Transportation or its designee access to:(1) A facility to determine compliance with this subchapter; and(2) Records or information related to an accident investig…

A contract carrier or a third party that contracts on behalf of a railroad shall obtain and maintain an insurance policy of five million dollars ($5,000,000) for each motor vehicle that transports railroad employees.

(a) (1) A person who knowingly violates a provision of this subchapter is liable to the state for a civil penalty not to exceed one thousand dollars ($1,000) for each violation.(2) Each day that a violation continues is a separate offense. (1) A person who knowingly violates a pr…

(a) This subchapter is not intended to limit and shall not be construed as limiting the right of a railroad to contract with a contract carrier that certifies to the railroad that it is in compliance with the provisions of this subchapter or any applicable federal requirements. (…