Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-10-412 Demurrage charges generally
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All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in §§ 23-10-413 — 23-10-431.
Ark. Code Ann. § 23-10-413 Duty to furnish cars to shipper
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(a) (1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad comp…
Ark. Code Ann. § 23-10-414 Duty to furnish cars — Interstate railroads
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Interstate railroads shall furnish cars upon application for interstate shipments the same in all respects as other cars are to be furnished by intrastate railroads under the provisions of this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-413, and …
Ark. Code Ann. § 23-10-415 Duty to exchange and return cars
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(a) (1) It shall be the duty of every railroad company in this state to exchange loaded and empty cars in the transportation of freight, for the purpose of facilitating freight movement, with every other railroad with which the railroad connects forming any part of the route for …
Ark. Code Ann. § 23-10-416 Loading of cars generally
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(a) (1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge…
Ark. Code Ann. § 23-10-417 Cars detained for fault of shipper — Demurrage charges
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(a) (1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive loading when the loading is done by the shipper shall be subject to a demurrage charge of five dollars ($5.00) per car per day or fraction of a d…
Ark. Code Ann. § 23-10-418 Receipt and transport of freight — Time restraints
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(a) When freight in carloads or less is tendered to a railroad company and correct shipping instructions are given, the railroad agent must immediately receive the freight for shipment and issue bills of lading for it. (b) (1) Whenever shipments have been received as provided in …
Ark. Code Ann. § 23-10-419 Delivery of freight
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(a) Railroad companies shall deliver freight at their depots or warehouses or, in cases of shipments for track delivery, shall place loaded cars at an accessible place for unloading within twenty-four (24) hours after arrival, computing from 7:00 a.m. of the day following arrival…
Ark. Code Ann. § 23-10-420 Notice to consignee of arrival of freight — Penalty for failure to give
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(a) (1) Within twenty-four (24) hours after the arrival of a shipment, railroad companies shall give notice by mail or otherwise to the consignee of the arrival of the shipment, together with the weight and amount of freight charges due thereon.(2) Where goods or freight in carlo…
Ark. Code Ann. § 23-10-421 Notice of arrival of freight — Free time
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(a) (1) Legal notice as referred to in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-420, and 23-10-422 — 23-10-431 may be either actual or constructive.(2) Where the consignee or his or her agent is personally served with the notice of the arr…
Ark. Code Ann. § 23-10-422 Shipment to consignor's order — Notice
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When consignors ship goods consigned to order, but express in their bills of lading or shipping directions the name of the person to notify at the destination, it shall be the duty of the railroad company to give legal notice to that party in the same way and under the same rule …
Ark. Code Ann. § 23-10-423 Package freight unloaded by railroad — Storage charges
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(a) All package freight unloaded by railroad companies in their depots and warehouses and all freight unloaded in the yard space of a railroad company in order to release cars and which has not been removed by the owner thereof from the custody of the railroad company within fort…
Ark. Code Ann. § 23-10-424 Unloading cars — Free time — Demurrage charges — Extension of free time
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(a) (1) Loaded cars containing fertilizers, hay, coal, coke, brick, sand, and lumber in covered cars and cars containing, in bulk, meat, potatoes, grain and grain products, or cottonseed and cottonseed hulls, taking track delivery, which are to be unloaded by consignee but, havin…
Ark. Code Ann. § 23-10-425 Loading or unloading — Additional free time when weather inclement
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Whenever the weather, during the period of free time, is so severe, inclement, or rainy that it is impossible or impracticable to secure means of loading or unloading freight, or when, from the nature of the goods, loading or unloading would cause injury or damage, then additiona…
Ark. Code Ann. § 23-10-426 Loading or unloading — Extension of time when consignee or consignor at distance from depot
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A consignee or a consignor five (5) miles or more from the depot whose freight is destined to or from his or her place of business or residence so located shall not be subject to storage or demurrage charges allowed in this section, §§ 23-10-412 — 23-10-425, and 23-10-427 — 23-10…
Ark. Code Ann. § 23-10-427 Storage of freight after failure to unload — Charges
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Incoming carload freight coming under the provisions of §§ 23-10-425 and 23-10-426 may be stored by railroad companies in depots or warehouses at the expense of the owner if the freight is not removed before demurrage charges attach. However, the daily storage charge on the freig…
Ark. Code Ann. § 23-10-428 Refusal of freight — Notice to consignor — Liability for demurrage
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(a) If a consignee refuses to accept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery shall give legal notice to the consignor of the refusal. If the consignor does not, within three (3) days thereafter, give directions for reship…
Ark. Code Ann. § 23-10-429 Employee demanding or receiving extra pay for furnishing car to shipper — Penalty
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(a) Any railroad employee who demands or receives from any shipper extra pay over and above the legal freight rate for placing or furnishing cars for the shipment of freight is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars (…
Ark. Code Ann. § 23-10-430 Recovery of demurrage, forfeitures, and charges
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All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-429 and 23-10-431 may be recovered in any court having jurisdiction.
Ark. Code Ann. § 23-10-431 Actions for damages for violations of §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431 — Limitation
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(a) In all actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state, for the violation of the provisions of this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-1…
Ark. Code Ann. § 23-10-432 Duty to furnish cars — Reasonable time for requesting cars
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It shall be deemed, prima facie, a reasonable time within which to order cars that any shipper shall give notice thereof to the station agent at the place of shipment, or in his or her absence to the nearest station agent of the railroad company to which the application is made, …
Ark. Code Ann. § 23-10-433 Exceptions to duty to furnish or exchange cars
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(a) In no event shall any railroad company be required to furnish any cars to a connecting line except to exchange for other cars reasonably suitable for the transportation of freight. (b) No railroad company shall be compelled to furnish its own cars to any other railroad compan…
Ark. Code Ann. § 23-10-434 Liability for failure to furnish or exchange cars — Exceptions
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(a) Every railroad company that, in violation of any of the provisions of this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 — 23-10-437, and 23-12-605, fails to furnish any cars for the shipment of any freight within a reasonable time or, in case of the shipment of f…
Ark. Code Ann. § 23-10-435 Liability for cars of another railroad
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(a) Every railroad company using cars of another railroad company, or cars which have been delivered to it by the other railroad company, shall be liable to the party entitled thereto to pay for the reasonable use and hire thereof and for injury or damages to or destruction of th…
Ark. Code Ann. § 23-10-436 Penalty for gross negligence in not furnishing or exchanging cars — Fee of prosecuting attorney
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(a) (1) Every railroad company which willfully, by its own gross negligence or by the gross negligence of its agents having charge and management of the matter of furnishing cars, fails or refuses to furnish or exchange cars as provided for in this section and §§ 23-10-401, 23-10…
Ark. Code Ann. § 23-10-437 Intrastate freight — Rules
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(a) The Arkansas Department of Transportation is authorized and empowered, as to all freight carried wholly within this state and the cars used therefor:(1) To make and establish all needful rules, general and special, which may be different according to the circumstances and con…
Ark. Code Ann. § 23-10-438 Perishable freight — Duty to furnish cars — Exceptions — Penalty
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(a) (1) When a shipper makes a written application to a station agent of a railroad company doing business in this state for cars, to be loaded with any kind of perishable freight such as fruit and vegetables, embraced in the tariff of the company, stating the character of the fr…
Ark. Code Ann. § 23-10-439 Perishable freight — Time for loading — Demurrage charges
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(a) When cars have been delivered to the shipper as provided for by § 23-10-438, he or she shall have twenty-four (24) hours from 7:00 a.m. of the day following the receipt of the cars in which to load cars. (b) (1) After the expiration of the free time as provided for in this se…
Ark. Code Ann. § 23-10-440 Forwarding perishable freight — Penalty for failure
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(a) (1) Whenever freight of a character similar to that described in § 23-10-438 is tendered to a railroad company in carload lots or less, and the correct shipping instruction is given, the railroad agent must immediately receive the freight for shipment and issue bills of ladin…
Ark. Code Ann. § 23-10-441 Shipper's pass on shipments of livestock or poultry
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(a) When any railroad company or corporation doing business within the limits of this state receives and ships any livestock or poultry by the carload, the company or corporation, in consideration of the price paid for the car, shall pass the shipper or his or her employee to and…
Ark. Code Ann. § 23-10-442 Shipments of sheep and hogs
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(a) All railroad companies, private companies, or individuals owning or operating a railroad in the State of Arkansas are required to furnish a sufficient number of double-decked cars for the shipment of sheep or hogs to supply the demand for such cars on their respective lines. …
Ark. Code Ann. § 23-10-443 Shipments of grain
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(a) All persons and corporations owning or operating a railroad in the State of Arkansas are required to furnish cars and equip them with grain-tight doors for shipment of grain in bulk and by the carload. (b) All persons and corporations owning or operating railroads in this sta…
Ark. Code Ann. § 23-10-444 Shipments of coal, corn, or cottonseed — Duty to weigh and furnish correct weight to consignee — Penalty
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(a) All railroads operating in this state are required to keep and maintain track or railroad scales at all stations or depots where as many as one hundred (100) cars of coal, corn, or cottonseed are received annually by the railroad. (b) The railroads are required, at the reques…
Ark. Code Ann. § 23-10-445 Shipments of coal — Duty to weigh loaded cars prior to shipment and issue certificate of weight — Penalty
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(a) At all stations at which scales are required to be maintained for the weighing of coal, it shall be the duty of the railroad company to properly weigh each car of coal after the car has been loaded and to furnish to each shipper by written certificate of the weighman, within …
Ark. Code Ann. § 23-11-101 Enforcement of laws or orders on complaint
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It is made the duty of the Arkansas Department of Transportation, on complaint, to enforce by necessary order any or all laws of this state pertaining to railroads and express companies.
Ark. Code Ann. § 23-11-102 Fees of domestic companies
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(a) All railroad, street, interurban, or other transportation companies organized under the laws of this state shall pay the following incorporation fees:(1) On all lines not exceeding twenty-five (25) miles in length, one hundred dollars ($100); and(2) On lines exceeding twenty-…
Ark. Code Ann. § 23-11-103 Railroads and express companies — Annual reports — Failure to report — Penalty
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(a) It is the duty of every person or corporation operating any railroad or express company in this state to make annual returns of the business of the railroad or express company to the Arkansas Department of Transportation. (b) (1) The returns shall embrace all receipts and exp…
Ark. Code Ann. § 23-11-104 Report of department as to information regarding railroad companies
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(a) (1) The Arkansas Department of Transportation shall ascertain as early as practicable the amount of money expended in the construction and equipment per mile of every railroad in Arkansas, the amount of money expended to procure the right-of-way, and the amount of money it wo…
Ark. Code Ann. § 23-11-201 Title
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This subchapter shall be known as the “Railroad Incorporation Act of 1959”.
Ark. Code Ann. § 23-11-202 Definitions
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(a) For purposes of this subchapter, unless the context otherwise requires:(1) “Department” means the Arkansas Department of Transportation or such other department as may be created or established for the purpose of regulation of common carriers in the State of Arkansas; and(2) …
Ark. Code Ann. § 23-11-203 Articles of incorporation
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(a) The articles of incorporation of any contemplated railroad corporation shall contain all of the information prescribed for inclusion in the application to be filed with the Arkansas Department of Transportation by § 23-11-204. However, it shall not be necessary that the artic…
Ark. Code Ann. § 23-11-204 Formation of railroad corporation — Application — Contents
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(1) Any number of persons, not fewer than three (3), being subscribers of the stock of any contemplated railroad corporation and desiring to form a railroad corporation under the laws of this state, may do so by first filing an application with the Arkansas Department of Transpor…
Ark. Code Ann. § 23-11-205 Application for incorporation — Hearing — Order of department
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(a) Promptly after the filing of an application for the organization of a railroad corporation, the Arkansas Department of Transportation, under and in accordance with rules and regulations to be established by the department, shall set a date for a hearing upon the application a…
Ark. Code Ann. § 23-11-206 Issuance of charter
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Upon the payment of the fees prescribed by law, the Secretary of State shall issue to the corporation a charter granting unto it perpetual existence in accordance with its articles of incorporation unless a limited term of existence shall be provided for in the articles.
Ark. Code Ann. § 23-11-207 Filing of papers — Effect
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(a) Certified copies of the articles of incorporation together with copies of the charter issued by the Secretary of State and the order of the Arkansas Department of Transportation shall be filed in the office of the county clerk of each county through which the proposed line sh…
Ark. Code Ann. § 23-11-208 Characteristics and powers generally of corporation
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(1) When the charter and articles of incorporation shall have been filed as provided in §§ 23-11-205 and 23-11-207, the persons who shall have signed and acknowledged the articles of incorporation and their successors shall be a body politic and corporate by the name stated in th…
Ark. Code Ann. § 23-11-209 Specific powers and liabilities
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(1) Every such corporation shall possess the general powers and be subject to the general liabilities and restrictions expressed in the special powers following, that is to say:(1) To cause such examinations and surveys by their officers, agents, and servants for the proposed rai…
Ark. Code Ann. § 23-11-210 Stockholders' first meeting
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(a) As soon as practicable after the charter and articles of incorporation shall have been filed in the office of the Secretary of State and in the offices of the county clerk as provided by other provisions of this subchapter, the subscribers of the articles of incorporation sha…
Ark. Code Ann. § 23-11-211 Annual and special meetings of stockholders
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(a) Every railroad corporation incorporated under the laws of this state shall prescribe in its bylaws the time for holding an annual meeting of the stockholders of the corporation for the purpose of electing directors and the transaction of such other business as may be necessar…
Ark. Code Ann. § 23-11-212 Voting of shares generally
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(a) (1) The owner of any share of any railroad corporation organized under the law of this state may vote in person or by proxy at any meeting of the stockholders.(2) The owner of record of the stock as reflected by the stock records of the corporation at the time of the meeting …