Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-13-213 Appeals — Stay of operating authority pending appeal
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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…
Ark. Code Ann. § 23-13-214 Appeals — Transcripts
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(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…
Ark. Code Ann. § 23-13-215 Appeals — Filing fees
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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…
Ark. Code Ann. § 23-13-216 Agent for service of process, notices, or orders
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(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…
Ark. Code Ann. § 23-13-217 Enforcement officers
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(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…
Ark. Code Ann. § 23-13-218 Certificate of public convenience and necessity — Requirement
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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…
Ark. Code Ann. § 23-13-219 Certificate of public convenience and necessity — Application and fees
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(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…
Ark. Code Ann. § 23-13-220 Certificate of public convenience and necessity — Issuance — Notice and hearing
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(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…
Ark. Code Ann. § 23-13-221 Certificate of public convenience and necessity — Terms and conditions
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(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 …
Ark. Code Ann. § 23-13-222 Permits for contract carriers — Requirement
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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…
Ark. Code Ann. § 23-13-223 Permits for contract carriers — Application and fees
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(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…
Ark. Code Ann. § 23-13-224 Permits for contract carriers — Issuance
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(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…
Ark. Code Ann. § 23-13-225 Permits for contract carriers — Terms and conditions — Contracts for services
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(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…
Ark. Code Ann. § 23-13-226 Dual operation
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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…
Ark. Code Ann. § 23-13-227 Certificates and permits — Security for the protection of the public
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(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…
Ark. Code Ann. § 23-13-228 Transportation of persons or property in interstate commerce on public highways unlawful without adequate surety
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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.
Ark. Code Ann. § 23-13-229 Temporary authority
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(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…
Ark. Code Ann. § 23-13-230 Brokers — Licenses — Rules for protection of public
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(a) (1) A person shall not for compensation sell or offer for sale transportation subject to this subchapter; make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation; or hold himself or herself or itself out by advertisements,…
Ark. Code Ann. § 23-13-231 Certificates, permits, and licenses — Effective dates
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Certificates, permits, and licenses shall be effective from the date specified therein and shall remain in effect until terminated as provided in this subchapter.
Ark. Code Ann. § 23-13-232 Certificates, permits, and licenses — Transfer, assignment, etc
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(a) Certificates, permits, and licenses shall not be assigned, transferred, or hypothecated in any manner, nor shall the operation under any such permit, certificate, or license be leased without authority of the Arkansas Department of Transportation and on written application, a…
Ark. Code Ann. § 23-13-233 Certificates, permits, and licenses — Amendment, revocation, and suspension
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(a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hea…
Ark. Code Ann. § 23-13-234 Operation without certificate or permit prohibited — Violation of terms, conditions, etc., of certificate, permit, or license prohibited
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(a) (1) Any motor carrier using the highways of this state without first having obtained a permit or certificate from the Arkansas Department of Transportation, as provided by this subchapter, or who, being a holder thereof, violates any term, condition, or provision thereof shal…
Ark. Code Ann. § 23-13-235 Annual fees charged carriers — Remittance — Disposition of funds
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(a) (1) From each common or contract carrier of passengers or property, there shall be collected an annual fee for the registration of insurance. The annual registration fee to be collected from each common or contract carrier of passengers or property holding only a certificate …
Ark. Code Ann. § 23-13-236 Common carriers — Duties as to transportation of passengers and property — Rates, charges, rules, etc
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(a) It shall be the duty of every common carrier of passengers by motor vehicle:(1) To establish reasonable through routes with other common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers;(2) To establish, observe…
Ark. Code Ann. § 23-13-237 Common carriers — Rates, fares, and charges to be just and reasonable — Unreasonable preferences or advantages prohibited
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(a) All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in the transportation of passengers or property as provided in § 23-13-236, or in connection therewith, shall be just and reasonable. Every unjust and unreasonable charg…
Ark. Code Ann. § 23-13-238 Common carriers — Rates, fares, rules, etc. — Complaints
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Any person, state board, organization, or body politic may make complaint in writing to the Arkansas Department of Transportation that any rate, fare, charge, classification, rule, or practice in effect or proposed to be put into effect is or will be in violation of this subchapt…
Ark. Code Ann. § 23-13-239 Common carriers — Rates, fares, rules, etc. — Determination by department
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(a) (1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas Department of Transportation shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carriers by railroad,…
Ark. Code Ann. § 23-13-240 Common carriers — Rates, charges, rules, etc. — Establishment and division of joint rates, charges, etc
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(a) (1) Common carriers of property by motor vehicle may establish reasonable through routes and joint rates, charges, and classifications with other such carriers or with common carriers by railroad or express or water.(2) Common carriers of passengers by motor vehicle may estab…
Ark. Code Ann. § 23-13-241 Common carriers — Schedules, rules, etc., affecting rates, fares, etc. — Hearings — Suspension proceedings
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(a) Whenever any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers, or by any such carrier in conjunction with a common carrier or carriers by railroad, express, or water, or any rule or practice affecting the ra…
Ark. Code Ann. § 23-13-242 Common carriers — Rates, charges, rules, etc. — Factors of reasonableness or justness
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(a) In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carrier by motor vehicle, the Arkansas Department of Transportation shall give due consideration, among other factors, to:(1) The inherent advantages…
Ark. Code Ann. § 23-13-243 Sections 23-13-236 — 23-13-242 cumulative
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Nothing in §§ 23-13-236 — 23-13-242 shall be held to extinguish any remedy or right of action not inconsistent therewith.
Ark. Code Ann. § 23-13-244 Tariffs of common carriers by motor vehicle
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(a) (1) Whenever an applicable tariff has not already been prescribed by the Arkansas Department of Transportation, every common carrier by motor vehicle shall file with the department and shall keep open to public inspection at all times tariffs showing all the rates, fares, and…
Ark. Code Ann. § 23-13-245 Contract carriers — Schedule of minimum rates and charges, rules, and practices — Requirement — Filing, posting, and publishing required
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(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property or in connection therewith and to establish and observe rea…
Ark. Code Ann. § 23-13-246 Contract carriers — Schedule of minimum rates and charges, rules, and practices — Adherence to schedule required — Exceptions
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(a) No contract carrier by motor vehicle shall demand, charge, or collect a less compensation for the transportation than the charges filed in accordance with § 23-13-245, as affected by any rule or practice so filed, or may be prescribed by the Arkansas Department of Transportat…
Ark. Code Ann. § 23-13-247 Contract carriers — Schedule of minimum rates and charges, rules and practices — Notice of proposed changes
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(a) No reduction shall be made in any charge of a contract carrier by motor vehicle either directly or by means of any change in any rate, rule, or practice affecting the charge or the value of services thereunder except after thirty (30) days' notice of the proposed change filed…
Ark. Code Ann. § 23-13-248 Contract carriers — Complaints
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All complaints shall state fully the facts complained of, and the reason for the complaints, and shall be made under oath.
Ark. Code Ann. § 23-13-249 Contract carriers — Schedule of rules, etc., affecting rates, fares, etc. — Hearings — Suspension proceedings
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(a) Whenever a contract carrier by motor vehicle files with the Arkansas Department of Transportation any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule or practice, for transportation of passengers or property, the department ma…
Ark. Code Ann. § 23-13-250 Contract carriers — Schedule of minimum rates and charges, rules and practices — Establishment by department
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(a) Whenever, after hearing, upon complaint or upon its own initiative, the Arkansas Department of Transportation finds that any minimum rate or charge of any contract carrier by motor vehicle, that any rule or practice of any such carrier affecting the minimum rate or charge, or…
Ark. Code Ann. § 23-13-251 Collection of rates and charges
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(a) A common carrier by motor vehicle shall not deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid except under such rules as the Arkansas Department of Transportation from time to time may pr…
Ark. Code Ann. § 23-13-252 Receipts or bills of lading
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(a) Every carrier of property by motor vehicle subject to the provisions of this subchapter which receives property for transportation within this state shall issue a receipt or bill of lading therefor. (b) The form of the receipt or bill of lading shall be prescribed by the Arka…
Ark. Code Ann. § 23-13-255 Access to property, equipment, and records
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The Arkansas Department of Transportation or its duly authorized agents at all times shall have access to all lands, buildings, or equipment of motor carriers and private carriers used in connection with their operation and also to all pertinent accounts, records, documents, and …
Ark. Code Ann. § 23-13-256 Identification of equipment
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It shall be unlawful for any common or contract carrier by motor vehicle to operate any vehicle upon the highways of this state unless there is painted, or otherwise firmly affixed, to the vehicle on both sides thereof, the name of the carrier and the certificate or permit number…
Ark. Code Ann. § 23-13-257 Violations by carriers, shippers, brokers, etc., or employees, agents, etc. — Penalties
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Any person, whether a carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof who shall knowingly offer, grant, or give or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provision of this subcha…
Ark. Code Ann. § 23-13-258 Operation of motor vehicle while in possession of, consuming, or under influence of any controlled substance or intoxicating liquor prohibited — Definition
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(a) (1) Any person operating or being in physical control of a motor vehicle, which motor vehicle is susceptible at the time of such operation or physical control to any rules of the State Highway Commission regarding the safety of operation and equipment of that motor vehicle, w…
Ark. Code Ann. § 23-13-259 Lessor to unauthorized persons deemed motor carrier
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Any person who, by lease or otherwise, permits the use of a motor vehicle by other than a carrier holding authority from the Arkansas Department of Transportation and who furnishes in connection therewith a driver, either directly or indirectly, or in any manner whatsoever exerci…
Ark. Code Ann. § 23-13-260 Violations of subchapter — Jurisdiction of cases
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The several circuit, justice of the peace, and district courts of this state shall have jurisdiction in cases involving alleged violations of this subchapter.
Ark. Code Ann. § 23-13-261 Injunction against violation of subchapter, rules, etc., or terms and conditions of certificate, permit, or license
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If any motor carrier or broker operates in violation of any provision of this subchapter, except as to the reasonableness of rates, fares, or charges, and the discriminatory character thereof, or any rule, requirement, or order thereunder, or of any term or condition of any certi…
Ark. Code Ann. § 23-13-262 Actions to recover penalties
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(a) An action to recover a penalty under §§ 23-13-234 and 23-13-257 — 23-13-264 or to enforce the powers of the Arkansas Department of Transportation under this subchapter or any other law may be brought in any circuit court in this state in the name of the State of Arkansas, on …
Ark. Code Ann. § 23-13-263 Lien declared to secure payment of fines and penalties
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To secure the payment of the fines and penalties provided for in this subchapter, a lien is declared and established upon the property of any person who has violated the provisions hereof and upon the property of any motor carrier whose agent, servant, or employee has violated th…
Ark. Code Ann. § 23-13-264 Disposition of forfeited bonds and fines
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One-half (½) of the amount of forfeited bonds and one-half (½) of the fines collected for violations of this subchapter shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Fi…