Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
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…
Ark. Code Ann. § 23-4-802 Granting of free passes to certain government officials prohibited
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(a) No railroad or transportation company organized or doing business in this state under any act of incorporation or general law of this state shall grant any free pass in the cars or other modes of conveyance over the line of any such railroad or transportation company, for any…
Ark. Code Ann. § 23-4-803 [Repealed.]
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A.C.A. § 23-4-803Current 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. § 23-4-804 Exemptions — General Assembly and certain state officers may accept free passes
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(a) Members of the General Assembly within the State of Arkansas are exempted from the provisions of §§ 23-4-801 and 23-4-802. They are permitted to accept and it shall be the duty of all railroad companies doing business in the State of Arkansas to issue passes for free transpor…
Ark. Code Ann. § 23-4-805 Exemptions — Certain officials permitted to accept and use passes
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(a) Sheriffs are exempt from the provision of § 23-4-803 [repealed], and it shall not be unlawful for railroad companies to furnish free passes to them. (b) The Commissioner of Elementary and Secondary Education and the Director of the Division of Career and Technical Education a…
Ark. Code Ann. § 23-4-806 Passes in exchange for advertising space
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Railroad companies operating in the State of Arkansas are authorized and empowered to enter into contracts with newspaper and periodical publishers of the State of Arkansas for the issuance of transportation in exchange for advertising space in the publication. The transportation…
Ark. Code Ann. § 23-4-807 Free carriage, passage permitted
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(a) Nothing in the law shall prevent carriage, storage, or hauling free or at reduced rates for any city, county, or town government, nor the free carriage of destitute or indigent persons or ministers of the gospel, nor prevent the railroads from giving free transportation or tr…
Ark. Code Ann. § 23-4-901 Definitions
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(1) As used in this subchapter, unless the context otherwise requires:(1) “Board” means the board of directors of a rural electric distribution cooperative;(2) “Commission” means the Arkansas Public Service Commission;(3) “Co-op” means a rural electric distribution cooperative fo…
Ark. Code Ann. § 23-4-902 Exemption from rate case procedures, etc
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(1) A co-op, as defined in § 23-4-901, shall not be subject to rate case procedures and hearings and other requirements of §§ 23-4-402 — 23-4-405, 23-4-407 — 23-4-418, and 23-4-620 — 23-4-634 and Arkansas Public Service Commission rules implementary thereof, hereafter referred to…
Ark. Code Ann. § 23-4-903 Notification of proposed rate change
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(1) Each co-op not subject to rate case procedures, at least ninety (90) days before the effective date of any proposed rate change, shall notify the Arkansas Public Service Commission and each of its member-consumers of the proposed rate change. Notice to the commission shall in…
Ark. Code Ann. § 23-4-904 Petition for relief from rate change — Form
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(1) Form. Petitions provided for in this subchapter shall be prepared as follows:(1) Form. (A) The petition shall be headed by a caption, which shall contain:(i) The heading, “Before the Arkansas Public Service Commission”;(ii) The name of the co-op seeking a change in rates and …
Ark. Code Ann. § 23-4-905 Petition for relief from rate change — Effect
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If, by the effective date of the proposed change in rates and charges, the Arkansas Public Service Commission has received petitions from fewer than fifteen percent (15%) of the member-consumers requesting that the commission apply rate case procedures, then the commission shall …
Ark. Code Ann. § 23-4-906 Petition to declare co-op subject to rate case procedures
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In addition to the procedure for petition prior to any proposed change in rates and charges pursuant to §§ 23-4-903 and 23-4-905, the member-consumers of a co-op may at any time petition the Arkansas Public Service Commission to declare the co-op subject to rate case procedures. …
Ark. Code Ann. § 23-4-907 Commission's jurisdiction not affected
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Sections 23-4-902, 23-4-903, 23-4-905, and 23-4-906 apply only to rates and charges and shall have no effect on the Arkansas Public Service Commission's jurisdiction over a co-op as otherwise provided by law.
Ark. Code Ann. § 23-4-908 Authority of commission
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The Arkansas Public Service Commission shall have the authority to investigate and determine the reasonableness of the change in rates and charges of each co-op changing its rates and charges pursuant to this subchapter, within one (1) year of the time of the change in rates and …
Ark. Code Ann. § 23-4-909 Apportionment of rates and charges
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When determining how rates and charges established under § 23-4-903 are to be allocated among different rate classes, a co-op shall endeavor to apportion the rates and charges in a manner which reflects, as closely as practicable, the costs of providing service to each class.
Ark. Code Ann. § 23-10-101 Definition
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As used in this act, unless the context otherwise requires, “railroad” or “railroad corporation” means all corporations, companies, or individuals owning or operating any railroad in this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver.
Ark. Code Ann. § 23-10-102 Application of Acts 1887, No. 81 — Different railroad lines operated by same company
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Whenever any railroad corporation, as lessee or otherwise, operates any railroad in connection with its own road, the provisions of this act as to charges for transportation and carrying freight and passengers shall apply to the other road so operated in like manner as if the oth…
Ark. Code Ann. § 23-10-103 Railroads — Civil penalties for violations of §§ 23-4-603, 23-4-707, 23-4-710, 23-4-711, 23-4-713, and 23-10-104 — 23-10-108 — Actions to recover penalties
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(a) Any railroad corporation that violates §§ 23-4-603, 23-4-707, 23-4-710, 23-4-711, or 23-4-713 or shall be a party concerned in the violation of § 23-10-108 shall forfeit and pay for every such offense any sum not less than fifty dollars ($50.00) nor exceeding one thousand dol…
Ark. Code Ann. § 23-10-104 Railroads — Preferences as to services prohibited
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No railroad or any lessee, manager, or employee thereof shall make any preferences in furnishing cars or motive power.
Ark. Code Ann. § 23-10-105 Railroads — Discrimination in charges or facilities prohibited
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(a) All individuals, associations, and corporations shall have equal rights to have persons and property transported over railroads in this state. (b) No unjust or undue discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers wit…
Ark. Code Ann. § 23-10-106 Transportation companies — Discrimination in charges or facilities prohibited
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No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals or in favor of either by abatement, drawback, or otherwise.
Ark. Code Ann. § 23-10-107 Railroads — Free transportation for officers, agents, etc
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Nothing contained in this act shall make unlawful the issuance of free transportation to employees, widows and widowers of deceased employees, officers, agents, surgeons, physicians, and attorneys for common carrier railroad companies, or for dependent members of their families.
Ark. Code Ann. § 23-10-108 Railroads — Officers, agents, or employees not to be personally interested in contracts
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(a) No president, director, officer, agent, or employee of any railroad shall be interested, directly or indirectly, in the furnishing of materials or supplies to the railroad or in the business of transportation as a common carrier of freight or passengers over the works owned, …
Ark. Code Ann. § 23-10-109 Agreements for carrier to pay charge for use of additional mode of transportation void
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(a) Any part of any agreement, arrangement, or other device entered into shall be unlawful and void which, as a condition to the transportation of property, requires or permits a regulated for-hire carrier of property, freight forwarder, private carrier, or other carrier or shipp…
Ark. Code Ann. § 23-10-110 Railroads — Actions under Acts 1887, No. 81 — Attendance and testimony of officers, agents, etc
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(a) In any action brought under this act, the court before which the action is pending may compel any president, director, officer, receiver, trustee, or agent of the railroad defendant in the action to attend and testify in the case. The court may compel the production of the bo…
Ark. Code Ann. § 23-10-209 Baggage generally
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(a) As used in this section, unless the context otherwise requires, “baggage” includes whatever a passenger upon any carrier of passengers takes with him or her, for personal use and convenience, with reference to the immediate necessities or of the journey, and shall also includ…
Ark. Code Ann. § 23-10-210 Bicycles transported as baggage
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(a) Bicycles are declared to be baggage and shall be checked and transported as baggage for passengers by all railway companies operating in this state and be subject to the same charges and liabilities as other baggage. However, no passenger shall be required to crate, cover, or…
Ark. Code Ann. § 23-10-211 Handling of baggage
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(a) (1) All railroad and express companies in this state are required to provide each and every one of its trains with one (1) or more stage-planks, of not less than eight feet (8′) in length and three feet (3′) in width, or trucks to be used in unloading trunks and baggage from …
Ark. Code Ann. § 23-10-212 Baggage — Duration of carriers' liability
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All persons or corporations engaged in the business of common carrier shall be responsible as common carrier for all baggage or goods checked by them as baggage for forty-eight (48) hours after the baggage or goods checked as baggage have reached their destinations.
Ark. Code Ann. § 23-10-213 Special passenger excursion train — Definitions
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(a) (1) Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion t…
Ark. Code Ann. § 23-10-301 Express and freight rules prescribed by department
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The Arkansas Department of Transportation shall make rules to be observed by all persons or corporations operating any railroad or engaged in transporting property as express or freight in this state, in respect to the receiving, hauling, transporting, storing, and delivering of …
Ark. Code Ann. § 23-10-302 Express offices and delivery — Penalties
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(a) (1) All corporations doing an express business in Arkansas are required to establish and maintain an office in all cities of the first class in Arkansas, for the purpose of receiving shipments to be made by express and to receive and deliver all packages carried or sent by ex…
Ark. Code Ann. § 23-10-303 Goods damaged in transit — Liability generally
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(a) Whenever any property is received by a common carrier to be transferred from one place to another, within or without this state, or when a railroad or other transportation company issues receipts or bills of lading in this state, the common carrier, railroad, or transportatio…
Ark. Code Ann. § 23-10-304 Goods damaged in intrastate transit
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(a) All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this state to be delivered at other points within this state and all railway companies and other common carriers, their assignees or lessees, who d…
Ark. Code Ann. § 23-10-305 Goods damaged in transit — Express companies
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(a) All express companies organized or doing business under the laws of the State of Arkansas shall settle in twenty (20) days with the owner of goods, after notice has been given them, for the damages or loss of goods incurred in transit on the lines of the express companies. No…
Ark. Code Ann. § 23-10-306 Unclaimed goods
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(a) When any goods, merchandise, or other property has been received by any warehouser, commission merchant, or common carrier and is not claimed or received by the owner, consignee, or other authorized person for the period of six (6) months from the time it should have been cal…
Ark. Code Ann. § 23-10-401 Definition for §§ 23-10-432 — 23-10-437 and 23-12-605
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As used in §§ 23-10-432 — 23-10-437 and 23-12-605, unless the context otherwise requires, “shipper” means any person, firm, or corporation tendering freight for shipment and any consignor or consignee of any bill of lading, or other person, firm, or corporation having the right o…
Ark. Code Ann. § 23-10-402 Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431
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As used in §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431, unless the context otherwise requires, “railroad company”, “railroad companies”, or “carrier” means all corporations, companies, or individuals which own or operate any railroad in this state, whether as ow…
Ark. Code Ann. § 23-10-403 Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431
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Sections 23-10-402, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers.
Ark. Code Ann. § 23-10-404 Remedies in §§ 23-10-438 — 23-10-440 cumulative
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The remedies given by §§ 23-10-438 — 23-10-440 shall be regarded as cumulative, and §§ 23-10-438 — 23-10-440 shall not be construed as repealing any statute giving such remedies.
Ark. Code Ann. § 23-10-405 Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative
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The remedies given by §§ 23-10-406 and 23-10-409 — 23-10-431 shall be regarded as cumulative, and §§ 23-10-406 and 23-10-409 — 23-10-431 shall not be construed as repealing any statute giving such remedies.
Ark. Code Ann. § 23-10-406 Penalties for violations of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or rules of department — Actions to recover
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(a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in § 23-10-402 or its employees or agents violate any of the…
Ark. Code Ann. § 23-10-407 Reasonable rules for transportation of freight permitted
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(a) It shall be lawful for railroads to prescribe rules for the transportation of merchandise, livestock, and other freight that are reasonable and not inconsistent with the common law or statutory duties and liabilities of railroads as common carriers. (b) The reasonableness or …
Ark. Code Ann. § 23-10-408 Contracts or rules abridging liability of railroad void
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(a) It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any shipper of any livestock, merchandise, or other freight for the purpose of abridging, modifying, limiting, or abrogating the statutory and common law duties…
Ark. Code Ann. § 23-10-409 Free or reduced rate transportation permitted
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Nothing in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-410 — 23-10-431 shall be so construed as to prohibit any person or corporation operating a railroad in this state from transporting, delivering, or storing freight free of charge or at reduced ra…
Ark. Code Ann. § 23-10-410 Discrimination as to freight prohibited — Pooling, rebates, etc., prohibited
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(a) It shall be unlawful for any railroad company or its officers or agents to discriminate between persons, firms, corporations, or places in storage, demurrage charges, furnishing cars, or transportation and delivery of freight. (b) No pooling, rebate, drawback, or any similar …
Ark. Code Ann. § 23-10-411 Forwarding freight over connecting lines — Preferences prohibited — Exceptions
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(a) Every person, company, or corporation operating any railroad in this state which connects with any other railroad in this state and which forms a part of a continuous-line railway communication to any point within the state shall afford all due and reasonable facilities for r…