Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-4-609 Connecting railroad lines under one management
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(a) Where in this state two (2) or more connecting lines of railroad are operated by, or under, one (1) management or company, or where the majority of the stock of each of two (2) or more railroad companies whose tracks connect is owned or controlled, either directly or indirect…
Ark. Code Ann. § 23-4-610 Railroads — Through-freight rates and regulations
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(a) The Arkansas Department of Transportation shall have power, and it is its duty, to investigate all through-freight rates and regulations on railroads in Arkansas. (b) (1) When the through-freight rates and regulations are, in the opinion of the department, excessive or levied…
Ark. Code Ann. § 23-4-611 Railroads — Short lines
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(a) Railroad companies having roads not exceeding fifty (50) miles in length may charge for loading, carrying, and unloading freights at a rate of not more than forty cents (40¢) per one hundred pounds (100 lbs.) for any distance. (b) (1) The rates charged by any company may be r…
Ark. Code Ann. § 23-4-612 Railroads — Switching charges on coal cars
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(a) When any railroad in Arkansas moves coal in car lots from one (1) switch or spur on its line to a connecting line and the distance is not more than two and one-half (2½) miles, it shall be allowed to charge and collect for such services three dollars ($3.00) per car. (b) If t…
Ark. Code Ann. § 23-4-613 Railroads — Bills of lading
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(a) It shall be unlawful for any railroad company in this state or its officers, agents, or employees to charge and collect or to endeavor to charge and collect from the owner, agent, or consignee of any freight, goods, wares, or merchandise of any kind or character whatever, a g…
Ark. Code Ann. § 23-4-614 Railroads — Freight rates on crushed stone, sand, and gravel
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(a) The maximum rates which any corporation, officer of court, trustee, person, or association of persons operating any railroad line in this state shall be authorized to charge or collect for the transportation by freight from any point within this state to any other point withi…
Ark. Code Ann. § 23-4-615 Railroads — Sleeping car tariffs
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The Arkansas Department of Transportation is authorized and it is its duty to adopt, change, or make reasonable and just rates, charges, and regulations to govern and regulate sleeping car tariffs and service in order to correct abuses and prevent unjust discrimination and extort…
Ark. Code Ann. § 23-4-616 Railroads — Additional charge for stopping at other than regular station
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Any railroad company may charge the sum of twenty-five cents (25¢) for the carriage of any passenger who may get on or off a train at other than a regular station.
Ark. Code Ann. § 23-4-617 Railroads — Passengers without tickets
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All passengers who may fail to procure regular fare tickets shall be transported over all railroads in this state at the same rate and price charged for regular fare tickets for the same service.
Ark. Code Ann. § 23-4-618 Railroads — Ejection of passengers upon failure to pay fare
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If any passenger shall refuse to pay his or her fare or toll, it shall be lawful for the conductor of the train and the servants of the corporation to put him or her out of the cars at any usual stopping place the conductor shall select.
Ark. Code Ann. § 23-4-619 Railroads — Rate reductions
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When any railroad shall be opened for use, the General Assembly may, from time to time, alter or reduce the rates of toll, fare, freights, or other profits upon the road. However, the rates shall not be so reduced without the consent of the corporation as to produce, with the pro…
Ark. Code Ann. § 23-4-620 Notice of rate changes
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(a) Unless the Arkansas Department of Transportation otherwise orders, no public utility shall make any change in any rate duly established under this act except after thirty (30) days' notice to the department. This notice shall plainly state the change proposed to be made in th…
Ark. Code Ann. § 23-4-621 Rate changes to be reflected in schedules
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All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection.
Ark. Code Ann. § 23-4-622 Investigation of rate changes
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Whenever there is filed with the Arkansas Department of Transportation by any public utility any schedule stating a new rate, the department, either upon complaint or upon its own motion and upon reasonable notice, may enter upon any investigation concerning the lawfulness of the…
Ark. Code Ann. § 23-4-623 Suspension of proposed rates
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Pending its investigation and the decision thereon, the Arkansas Department of Transportation by written order at any time before the new rate becomes effective may suspend the operation of the rate. However, the suspension shall not be for a longer period than nine (9) months be…
Ark. Code Ann. § 23-4-624 Interim implementation of suspended rates
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(a) If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Department of Transportation narrating the alleged circumstances and requesting a hearing on the petition. (b) The hearin…
Ark. Code Ann. § 23-4-625 Rate increase not effective until final order
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Unless the Arkansas Department of Transportation finds an immediate and impelling necessity exists or if the department fails to enter a timely order as provided in § 23-4-624, no public utility shall place any rate increase into effect until a final decision and order is made by…
Ark. Code Ann. § 23-4-626 Authority of department to fix rates — Apportionment of increase
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(a) If, after the investigation and hearing thereon, the Arkansas Department of Transportation finds the new rate to be unjust, unreasonable, discriminatory, or otherwise in violation of the law or rules of the department, it shall determine and fix the just and reasonable rate t…
Ark. Code Ann. § 23-4-627 Failure of department to reach timely decision — Conditional implementation of suspended rates
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In the event no final rate determination has been made upon the schedule for new rates within ten (10) months after the date the schedule for new rates was filed with the Arkansas Department of Transportation, the public utility may put the suspended rate into effect for all bill…
Ark. Code Ann. § 23-4-628 Issuance of commission's order — Rates to be collected
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Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in § 23-2-421, no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under …
Ark. Code Ann. § 23-4-629 Surcharge to collect rates increased by courts
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(a) In the event that the rates set in the order of the Arkansas Department of Transportation subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitle…
Ark. Code Ann. § 23-4-630 Refunds of excessive rate collections under bond
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In the event a public utility shall have implemented under bond or other arrangements as a matter involving an immediate and impelling necessity under § 23-4-624 an amount which exceeds that allowed by the Arkansas Department of Transportation in its final order, the department s…
Ark. Code Ann. § 23-4-631 Refunds of excessive bonded collections — Order not stayed during rehearing
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An application for rehearing under § 23-2-422 filed by a party aggrieved by the final order of the Arkansas Department of Transportation shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections.
Ark. Code Ann. § 23-4-632 Surcharge to collect excessive refunds
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In the event that the amount of refunds ordered by the Arkansas Department of Transportation in its final order is subsequently determined to have been excessive, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to the orde…
Ark. Code Ann. § 23-4-633 Petition for mandamus
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If the Arkansas Department of Transportation order is not issued before the expiration of the period of suspension, the filed rates shall remain subject to refund as provided in § 23-4-630, but the applicant utility shall have the right to petition the Pulaski County Circuit Cour…
Ark. Code Ann. § 23-4-634 Suit to compel refunds — Proceeds
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(a) If the public utility fails to make refunds within thirty (30) days after the effective date of the order requiring such refunds, the Arkansas Department of Transportation shall bring suit in the name of the State of Arkansas, for the use and benefits of all those entitled to…
Ark. Code Ann. § 23-4-635 Changes in rates by common carriers
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(a) No change shall be made in the rates, fares, and charges or joint rates, fares, and charges that have been filed with the Arkansas Department of Transportation and published by any common carrier in compliance with the requirements of § 23-4-110 except after thirty (30) days'…
Ark. Code Ann. § 23-4-636 [Repealed.]
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A.C.A. § 23-4-636Current 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. § 23-4-637 Discriminatory interterritorial freight rates
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(a) The Arkansas Department of Transportation is vested with authority to formulate and adopt plans for a complete and thorough study of and attack on interterritorial freight rates adversely affecting Arkansas. However, the plans shall be subject to approval by the Governor. (b)…
Ark. Code Ann. § 23-4-701 Definition
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As used in this act, unless the context otherwise requires, “engaged in transporting persons or property” shall be held to include all carriers of property by railroad, whether the carriers are designated as freight or express.
Ark. Code Ann. § 23-4-702 Application of Acts 1899, No. 53
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(a) All the provisions of this act shall apply to and include all persons, companies, or corporations carrying property on any railroad as express matter and known as express companies, as fully as if the persons, companies, or corporations were specially named and designated in …
Ark. Code Ann. § 23-4-703 Acts 1899, No. 53, not applicable to interstate traffic
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The provisions of this act shall not be construed as to require the Arkansas Department of Transportation to investigate or call upon any railroad or express company for its schedule or tariff of charges in the transportation of passengers or property from any point wholly outsid…
Ark. Code Ann. § 23-4-704 Remedies cumulative
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The remedies given by this act shall be regarded as cumulative. This act shall not be construed as repealing any statute giving such remedies.
Ark. Code Ann. § 23-4-705 Violations — Double damages for violations — Actions to recover damages — Joinder of actions
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(a) Each and every act, matter, or thing in this act declared to be unlawful is prohibited. (b) In case any person or corporation as defined in this act who, while engaged in the transportation of persons or property, shall do, or permit to be done, any act, matter, or thing in t…
Ark. Code Ann. § 23-4-706 Penalties — Actions to recover
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(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of this act or aids or abets, or violates the tariff of charges as fixed by the Arkansas D…
Ark. Code Ann. § 23-4-707 Rate schedules
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(a) All persons or corporations engaged in the transportation of passengers or property shall and are required to keep posted up at every depot under the control of or in use by those persons or corporations, in a conspicuous place therein, plainly and legibly printed schedules w…
Ark. Code Ann. § 23-4-708 Rate sheets and tariff charges furnished department by railroads
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(a) Every person or corporation operating any railroad or express business in this state is required to furnish the Arkansas Department of Transportation, within fifteen (15) days after notice to do so, with the rate sheet and tariff charges for transportation of every kind over …
Ark. Code Ann. § 23-4-709 Ratemaking procedure
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(a) It shall be the duty of the Arkansas Department of Transportation to:(1) Examine and revise the rate sheet and tariff charges for freight or express matter for each railroad in this state;(2) Determine whether or not, and in what manner, if any, the charges and rates are more…
Ark. Code Ann. § 23-4-710 Discrimination in passenger or freight rates or services prohibited
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(a) It shall be unlawful for any person or corporation engaged alone or associated with others in the transportation of passengers or property by railroad in this state, as freight or express, directly or indirectly, to demand or receive from any person, firm, company, or corpora…
Ark. Code Ann. § 23-4-711 Contracts for pooling freight or dividing revenues prohibited
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It shall be unlawful for any person or corporation engaged in the transportation of passengers or property, as mentioned in § 23-4-710, to make or enter into any contract, agreement, or combination, directly or indirectly, for the pooling of freight, or to pool the freight of the…
Ark. Code Ann. § 23-4-712 Differentiation in compensation for long and short hauls prohibited
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It shall be unlawful for any person or corporation engaged as specified in § 23-4-710 to demand or receive a greater amount of compensation for services rendered for a similar amount and kind of property as a charge for receiving, storing, loading, unloading, carrying, or deliver…
Ark. Code Ann. § 23-4-713 Reduced rate tickets allowed
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Nothing in this act shall be so construed as to prevent any person or corporation operating a railroad in this state from issuing or selling at reduced rates emigrant, excursion, or commutation tickets, or from carrying free or at reduced rates any property for schools, churches,…
Ark. Code Ann. § 23-4-714 Complaints — Investigation
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It shall be the duty of the Arkansas Department of Transportation, upon the complaint of any person, company, or corporation in writing, charging any person or corporation with discrimination or overcharge, to investigate the complaint and take such action in the premises as is p…
Ark. Code Ann. § 23-4-715 Complaints — Hearings
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It shall be the duty of the Arkansas Department of Transportation to hear all complaints made by any person, firm, or corporation against any such tariff of charges so approved, to hear the parties to the controversy in person or by attorney, or both. The department may take test…
Ark. Code Ann. § 23-4-716 Liability as to rates approved by department
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In no instance shall any person or corporation operating a railroad or express company, the schedule of charges of which have been submitted to, revised, and approved by the Arkansas Department of Transportation, be civilly or criminally liable for the making of any charge that h…
Ark. Code Ann. § 23-4-717 Railroads required to furnish copies of traffic agreements and other information to department
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Upon notice to do so, every person or corporation operating a railroad or express company having an agent or office in the state shall furnish the Arkansas Department of Transportation with all the information required to enable the department to perform its duties relative to th…
Ark. Code Ann. § 23-4-718 Access to railroad books by department — Penalties
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(a) (1) The Arkansas Department of Transportation shall have the right at such times as the department deems necessary to inspect the books and papers of any railroad company and to examine under oath any officer, agent, or employee of the railroad in relation to the business and…
Ark. Code Ann. § 23-4-719 Enforcement of Acts 1899, No. 53 — Mandamus
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If any person or corporation operating any railroad or express company fails, refuses, or neglects, after notice by the Arkansas Department of Transportation, to put up its rate sheet, giving its tariff of charges in the manner, place, and time as provided in this act; to furnish…
Ark. Code Ann. § 23-4-720 Disposition of funds
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All fines and penalties recovered under the provisions of this act shall be paid into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
Ark. Code Ann. § 23-4-801 Definitions
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(1) As used in this section and § 23-4-802, unless the context otherwise requires:(1) “Officers of this state, legislative, executive, or judicial” includes all officers elective, appointive, commissioned, or qualified; and(2) “Railroad” or “transportation company” shall be deeme…