Title 23, Public Utilities and Regulated Industries

It is the intent and purpose of this section and §§ 23-12-902 — 23-12-910 and 23-12-912 to reenact those provisions of law relating to railroads which were repealed by Acts 1961, No. 170 [repealed], and to place railroads on an equal basis with other persons, firms, and corporati…

All railroads which are built and operated in whole or in part of this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state.

When any adult person is wounded by railroad trains running in this state, he or she may sue in his or her own name. When the person wounded is a minor, the father, if living, or if the father is not living, then the mother, or if neither parent is living, then the guardian may s…

In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negli…

Service by process of summons issued by any court under the provisions of this section and §§ 23-12-901 — 23-12-904, 23-12-910, and 23-12-912 shall be by serving a copy of the summons on any agent of the railroad company sued at any depot house in the county where suit is brought…

The property of any railroad company may be levied on and sold under an execution issued on a judgment for damages under this section and §§ 23-12-901 — 23-12-905, 23-12-910, and 23-12-912 in the same manner and under the same rules governing other judgments at law.

(a) (1) It shall be the duty of all persons running trains in this state upon any railroad to keep a constant lookout for all persons, including licensees and trespassers, and property upon the track of any and all railroads.(2) If any person or property is killed or injured by t…

(a) (1) Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to t…

Any person owning in his or her own right or having a special ownership in any horses, mules, cattle, or other stock killed or wounded by any railroad trains running in this state may sue the company running the trains for the damages sustained by the killing or wounding in any c…

The killing of stock on any railroad track shall be prima facie evidence that it was done by the trains, and the onus to prove the reverse will be on the railroad company.

(a) (1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages.(2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where…

(a) All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, compani…

(a) As used in this section:(1) “Motor carrier safety improvement” means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate:(A) Compliance with traffic safety or motor car…

(a) The Arkansas Department of Transportation shall have the right to employ one (1) or more inspectors as may be needed for the purpose of making inspections of licensees from time to time. (b) If any person, firm, or corporation is operating without complying with the provision…

No city or town shall impose any tax or license upon any motor vehicle carrier licensed under the provisions of this act.

Prior to the cancellation or termination of any liability, cargo, or property and casualty insurance policies issued on leased motor carriers, particularly motor carriers using tractor-trailor rigs, notice of the cancellation or termination shall be mailed or delivered by the ins…

(a) As used in this section:(1) “Gas” means all natural gas, including casing-head gas and all other hydrocarbons not defined as oil in this section;(2) “Motor carrier” means:(A) An individual or entity that is engaged in the transportation of property for compensation by motor v…

This subchapter may be cited as the “Arkansas Motor Carrier Act, 1955”.

(1) It is declared that it is necessary in the public interest to regulate transportation by motor carriers in such manner as to:(1) Recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers;(2) Promote a…

(a) As used in this subchapter, unless the context otherwise requires:(1) “Broker” means any person not included in the term “motor carrier” and not a bona fide employee or agent of any motor carrier. A “broker”, as principal or agent, sells or offers for sale any transportation …

(a) The provisions of this subchapter, except as specifically limited in this subchapter, shall apply to the transportation of passengers or property by motor carriers over public highways of this state and the procurement of, and provisions of, facilities for such transportation…

Nothing in this subchapter shall be construed to interfere with the exercise by agencies of the United States Government of its power of regulation of interstate commerce.

(a) Nothing in this subchapter shall be construed to include:(1) (A) Motor vehicles:(i) Employed solely in transporting schoolchildren and teachers to or from school; and(ii) Used in carrying:(a) Set-up houses;(b) Ordinary livestock;(c) Unprocessed fish, including shellfish;(d) U…

The regulation of the transportation of passengers or property by motor carriers over the public highways of this state, the procurement thereof, and the provisions of facilities is vested in the Arkansas Department of Transportation.

(1) It shall be the duty of the Arkansas Department of Transportation:(1) To regulate common carriers by motor vehicle as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to continuous and adequate service and transportat…

Where the Arkansas Department of Transportation, in respect to any matter arising under this subchapter, has issued a negative order solely because of a supposed lack of power, any party in interest may file a bill of complaint in the Pulaski County Circuit Court. The court, if i…

(a) Any matter arising in the administration of this subchapter concerning which a hearing is required shall be heard by the Arkansas Department of Transportation. (b) A decision of the majority of the members of the department shall constitute its decision. (c) The department ma…

Any final order made under this subchapter is subject to the same right of appeal by any party to the proceedings as is provided by § 23-2-425, in respect to appeals from the order of the Arkansas Department of Transportation.

Upon the filing of a motion for appeal, the Arkansas Department of Transportation shall forthwith serve notice of the appeal upon all parties to the proceeding appealed from.

If the party appealing desires to stay the beginning of the operating authority granted by the Arkansas Department of Transportation, the party shall file with the motion for appeal a bond, with surety thereon approved by the Pulaski County Circuit Court. The bond shall be condit…

(a) Where any appeal is taken, as provided in §§ 23-13-211 — 23-13-215 or by other statutes with regard to appeals from orders of the Arkansas Department of Transportation, the secretary of the department shall cause to be prepared, for use on the appeal, an accurate and true cop…

The secretary of the Arkansas Department of Transportation shall immediately notify the party filing the motion for appeal the date of the deposit of the transcript with the clerk of the Pulaski County Circuit Court. Within ten (10) days from the date of the deposit of the transc…

(a) (1) It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be mad…

(a) The State Highway Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of this subchapter. (b) The enforcement officers shall have authority to enforce § 27-50-308 and the Omnibus DWI or BWI Act, § 5-65-101 et…

No common carrier by motor vehicle subject to the provisions of this subchapter shall engage in any operation on any public highway in this state unless there is in force with respect to such a carrier a certificate of public convenience and necessity issued by the Arkansas Depar…

(a) Applications for certificates of public convenience and necessity shall be made in writing to the Arkansas Department of Transportation, be verified under oath, shall be in such form, contain such information, and be accompanied by proof of service upon such interested partie…

(a) (1) Subject to the provisions of this subchapter, a certificate of public convenience and necessity shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is fit, wi…

(a) (1) Any certificate of public convenience and necessity issued under this subchapter shall specify:(A) The service to be rendered and the route over which;(B) The fixed termini, if any, between which;(C) The intermediate and off-route points, if any, at which; and(D) In case …

No person shall engage in the business of a contract carrier by motor vehicles over any public highways in this state unless there is in force with respect to the carrier a permit issued by the Arkansas Department of Transportation authorizing such persons to engage in such busin…

(a) Applications for permits for contract carriers by motor vehicles shall be made to the Arkansas Department of Transportation in writing, be verified under oath, and shall be in such form, contain such information, and be accompanied by proof of service upon such interested par…

(a) Subject to this subchapter, a permit for a contract carrier by motor vehicle shall be issued to any qualified applicant therefor authorizing in whole or in part the operations covered by the applications, if it is found that the applicant is fit, willing, and able to properly…

(a) The State Highway Commission shall specify in the permit for a contract carrier by motor vehicle the business of the contract carrier covered thereby and the scope thereof. The commission shall attach to the permit, at the time of issuance, and from time to time thereafter, s…

No person shall at the same time hold under this subchapter a certificate as a common carrier and permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown t…

(a) No certificate or permit shall be issued to a motor carrier 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, qualifi…

It is declared unlawful for any motor carrier to use any of the public highways of this state for the transportation of persons or property in interstate commerce unless there is in force with respect to the motor carrier adequate surety for the protection of the public.

(a) To provide motor carrier service for which there is an urgent and immediate need to, from, or between points within a territory having no motor carrier service deemed capable of meeting that need, the Arkansas Department of Transportation in its discretion and without hearing…