Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-12-611 Discontinuance, dualization, or modification of agency station — Petitions to reestablish
1.9K chars
(a) Any railroad operating in this state may file with the Arkansas Department of Transportation a notice of discontinuance, dualization, or modification of any of its agency stations together with a statement certified by a proper officer of the railroad to the effect that the a…
Ark. Code Ann. § 23-12-612 Abandonment of operations without authority — Stockholders to offer stock for sale — Penalty — Enforcement
1.2K chars
(a) When any railroad corporation organized under the laws of Arkansas and operating properties within the State of Arkansas abandons such operations for a period of thirty (30) days or more without specific authority from the regulatory bodies having jurisdiction thereof, the st…
Ark. Code Ann. § 23-12-613 Receiver appointed upon attempt to abandon
2.1K chars
(a) If any railroad corporation, manager, or receiver shall attempt to abandon any railroad, or part thereof, by failing to operate its trains, or to resume operation of its trains over its railroad, or part thereof, if the operation of trains has been abandoned, the Arkansas Dep…
Ark. Code Ann. § 23-12-614 Posting information regarding National Human Trafficking Resource Center Hotline
0.2K chars
A passenger train station governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under § 12-19-102.
Ark. Code Ann. § 23-12-701 Railroad police — Purpose — Appointment
0.5K chars
Any railroad company or corporation owning or operating a railroad in this state may appoint one (1) or more persons to be designated by the railroad company as a railroad police officer to aid and supplement the law enforcement agencies of this state in the protection of the per…
Ark. Code Ann. § 23-12-702 Railroad police — Oath and bonds
0.4K chars
Before entering into the performance of his or her duties, every railroad police officer appointed shall take and subscribe an oath of office and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the State of Arkansas, conditioned for the faithful p…
Ark. Code Ann. § 23-12-703 Railroad police — Powers
0.5K chars
Each police officer shall have and exercise throughout the State of Arkansas the power to make arrests for the violation of any law on the property of the company, and to arrest persons, whether on or off the company's property, for the violation of any law on the company's prope…
Ark. Code Ann. § 23-12-704 Railroad police — Jailing of persons arrested
0.3K chars
The keepers of jails in any county or municipality wherein a violation of the law occurs for which any arrest is made shall receive all persons arrested by railroad police officers, and persons so arrested shall have the same status as prisoners arrested by any other police offic…
Ark. Code Ann. § 23-12-705 Railroad police — Identification
0.3K chars
When on duty, every railroad police officer appointed shall have in his or her possession a badge and identification card identifying him or her as a member of the police department of the railroad company for which he or she is appointed. He or she shall exhibit the badge or ide…
Ark. Code Ann. § 23-12-706 Railroad police — Compensation
0.1K chars
The compensation for railroad police officers shall be paid by the company for which they are respectively appointed.
Ark. Code Ann. § 23-12-707 Railroad police — Termination of powers
0.2K chars
When a company no longer requires the services of a railroad police officer, it shall file a notice to that effect with the Secretary of State. Thereupon, the powers of the police officer shall terminate.
Ark. Code Ann. § 23-12-708 Drinking or drunkenness in public places — Arrests by railroad conductors
3.5K chars
(a) (1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212, and to …
Ark. Code Ann. § 23-12-801 [Repealed.]
0.2K chars
A.C.A. § 23-12-801Current 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. § 23-12-802 Trespassers boarding trains
0.7K chars
Any person who boards any passenger, freight, or other railway train, whether moving or standing still, for any purpose and without good faith intending to become a passenger on the train and with no lawful business on the train and with intent to obtain a free ride on the train,…
Ark. Code Ann. § 23-12-803 [Repealed.]
0.2K chars
A.C.A. § 23-12-803Current 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. § 23-12-804 Discharge of firearms or throwing objects at railroad or street car
0.2K chars
If any person knowingly discharges firearms or throws stones, sticks, clubs, or other missiles at, into, or against any locomotive, railroad car, or street car on any railroad, upon conviction he or she shall be guilty of a Class A misdemeanor.
Ark. Code Ann. § 23-12-805 Willful interference with railroads — Damages
0.7K chars
(a) If any person willfully does or causes any act whatever, whereby any building, construction, or work of any railroad corporation in this state, or any engine, machine, structure, or any matter or thing appertaining to the railroad corporation shall be stopped, obstructed, inj…
Ark. Code Ann. § 23-12-806 [Repealed.]
0.2K chars
A.C.A. § 23-12-806Current 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. § 23-12-807 Engineer or conductor intoxicated
0.3K chars
If a person is intoxicated while in charge of a locomotive engine running upon any railroad in this state or while acting as the conductor of any cars on any railroad in this state, he or she is guilty of a Class A misdemeanor and shall be punished accordingly.
Ark. Code Ann. § 23-12-808 Tampering with rail infrastructure — Definitions
7.0K chars
(a) As used in this section:(1) “Interfere” means to tamper with, displace, remove, damage, disable, destroy, set fire to, impair, obstruct, or otherwise hinder; and(2) “Rail infrastructure” means the following that are located on property owned by a railroad or property owned, l…
Ark. Code Ann. § 23-12-901 Legislative intent
0.3K chars
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…
Ark. Code Ann. § 23-12-902 Liability for injury to persons or property generally
0.2K chars
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.
Ark. Code Ann. § 23-12-903 Parties to actions for personal injuries
0.4K chars
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…
Ark. Code Ann. § 23-12-904 Personal injury, property damage, or death — Contributory negligence no complete defense
0.6K chars
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…
Ark. Code Ann. § 23-12-905 Service of process upon agent of railroad company
0.3K chars
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…
Ark. Code Ann. § 23-12-906 Levy and sale of railroad property under execution
0.3K chars
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.
Ark. Code Ann. § 23-12-907 Duty of persons running trains to keep lookout — Contributory negligence no bar to recovery of damages
3.0K chars
(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…
Ark. Code Ann. § 23-12-908 Killing or injuring livestock — Notice — Damages recoverable on failure to advertise
3.1K chars
(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…
Ark. Code Ann. § 23-12-909 Killing or injuring livestock — Actions
0.5K chars
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…
Ark. Code Ann. § 23-12-910 Killing or injuring livestock — Prima facie evidence — Burden of proof
0.2K chars
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.
Ark. Code Ann. § 23-12-911 [Repealed.]
0.2K chars
A.C.A. § 23-12-911Current 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. § 23-12-912 Killing or injuring livestock — Arbitration
3.6K chars
(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…
Ark. Code Ann. § 23-12-913 Liability for fires
0.9K chars
(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…
Ark. Code Ann. § 23-13-101 Use of motor carrier safety improvement — Worker status unchanged — Definitions
1.8K chars
(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…
Ark. Code Ann. § 23-13-102 Inspection of licensees — Employment of inspectors — Restraining operations
0.7K chars
(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…
Ark. Code Ann. § 23-13-103 Municipalities may not tax
0.1K chars
No city or town shall impose any tax or license upon any motor vehicle carrier licensed under the provisions of this act.
Ark. Code Ann. § 23-13-104 Notice of cancellation or termination of insurance policy on leased motor vehicles
0.4K chars
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…
Ark. Code Ann. § 23-13-105 Certain indemnity provisions void — Definitions
9.6K chars
(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…
Ark. Code Ann. § 23-13-201 Title
0.1K chars
This subchapter may be cited as the “Arkansas Motor Carrier Act, 1955”.
Ark. Code Ann. § 23-13-202 Purpose
1.7K chars
(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…
Ark. Code Ann. § 23-13-203 Definitions
15.0K chars
(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 …
Ark. Code Ann. § 23-13-204 Applicability of subchapter
0.8K chars
(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…
Ark. Code Ann. § 23-13-205 Interstate commerce unaffected by subchapter
0.2K chars
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.
Ark. Code Ann. § 23-13-206 Exemptions
29.8K chars
(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…
Ark. Code Ann. § 23-13-207 Regulation by department
0.2K chars
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.
Ark. Code Ann. § 23-13-208 General duties and powers of department
5.7K chars
(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…
Ark. Code Ann. § 23-13-209 Mandatory injunction — Requirement that department take jurisdiction
0.4K chars
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…
Ark. Code Ann. § 23-13-210 Hearings before department
2.4K chars
(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…
Ark. Code Ann. § 23-13-211 Appeals — Entitlement
0.2K chars
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.
Ark. Code Ann. § 23-13-212 Appeals — Notice
0.2K chars
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.