reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-221 - Certificate of public convenience and necessity - Terms and conditions

(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 of operations not over specified routes or between fixed termini, the territory within which the motor carrier is authorized to operate.
(2)
(A)
At the time of issuance and from time to time thereafter, there shall be attached to the exercise of the privileges granted by the certificate such reasonable terms, conditions, and limitations as the public convenience and necessity may from time to time require, including terms, conditions, and limitations as to the extension of the routes of the carrier and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the requirements established by the Arkansas Department of Transportation under this subchapter.
(B)
However, no terms, conditions, or limitations shall restrict the right of the carrier to add to his or her or its equipment and facilities over the routes, between the termini, or within the territory specified in the certificate as the development of the business and the demands of the public shall require.
(b)
A common carrier by motor vehicle operating under any such certificate may occasionally deviate from the route over which, or the fixed termini between which, it is authorized to operate under the certificate under such general or special rules as the department may prescribe.
(c)
Any common carrier by motor vehicle transporting passengers under a certificate issued under this subchapter may transport to any place within the state special or chartered parties under such rules as the department may prescribe.
(d)
A certificate for the transportation of passengers may include authority to transport, in the same vehicle with the passengers, newspapers, baggage of passengers, express, or mail, or authority to transport baggage of passengers in a separate vehicle.
(e)
No certificate issued under this subchapter shall confer any proprietary or property rights in the use of the public highways.
Amended by Act 2019, No. 315,§ 2424, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 197, eff. 8/1/2017.
Acts 1955, No. 397, §§ 9, 10; A.S.A. 1947, §§ 73-1762, 73-1763.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-222 - Permits for contract carriers - Requirement

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 business.
Amended by Act 2017, No. 707,§ 198, eff. 8/1/2017.
Acts 1955, No. 397, § 11; A.S.A. 1947, § 73-1764.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-223 - Permits for contract carriers - Application and fees

(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 parties as the department by rule may require.
(b)
Every application shall be accompanied by a certified check made payable to the department for the sum of fifty dollars ($50.00). The funds shall be collected by the department to be deposited into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
Amended by Act 2019, No. 315,§ 2425, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 199, eff. 8/1/2017.
Acts 1955, No. 397, § 11; 1983, No. 565, § 3; A.S.A. 1947, § 73-1764.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-224 - Permits for contract carriers - Issuance

(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 perform the service of a contract carrier by motor vehicle and to conform to the provisions of this subchapter and the lawful requirements and rules of the Arkansas Department of Transportation, and the proposed operation, to the extent authorized by the permit, will promote the public interest and the policy declared in §
23-13-202
; otherwise the application shall be denied.
(b)
No permit shall be issued by the department except upon a hearing at least twenty (20) days after service of notice to interested parties of the time and place thereof.
(c)
In granting applications for permits, the department shall take into consideration:
(1)
The reliability and financial condition of the applicant and his or her sense of responsibility toward the public;
(2)
The transportation service being maintained by any railroad, street railway, or motor carrier;
(3)
The likelihood of the proposed service being permanent and continuous throughout twelve (12) months of the year and the effect which the proposed transportation service may have upon existing transportation service; and
(4)
Any other matters tending to show the necessity or want of necessity for granting the application.
Amended by Act 2019, No. 315,§ 2426, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 200, eff. 8/1/2017.
Acts 1955, No. 397, § 11; A.S.A. 1947, § 73-1764.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-225 - Permits for contract carriers - Terms and conditions - Contracts for services

(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, such reasonable terms, conditions, and limitations consistent with the character of the holder as a contract carrier as are necessary to carry out, with respect to the operations of such a carrier, the requirements established by the commission under this subchapter.
(b)
(1)
The commission shall not issue any permit which will authorize any contract carrier to have in effect, at any one time, more than six (6) contracts, such contracts to be filed with and approved by the commission prior to granting of such authority.
(2)
When any contract expires, the commission shall be given notice thereof, and if any new contract is substituted or added, the contract shall be filed with and approved by the commission before operation thereunder.
(c)
No permit issued under this subchapter shall confer any proprietary or property rights in the use of public highways.
Acts 1955, No. 397, § 11; 1961, No. 191, § 1; A.S.A. 1947, § 73-1764; Acts 1993, No. 1020, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-226 - Dual operation

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 the Arkansas Department of Transportation shall find that the certificate and permit will promote the public interest and the policy declared in §
23-13-202
.
Amended by Act 2017, No. 707,§ 201, eff. 8/1/2017.
Acts 1955, No. 397, § 12; A.S.A. 1947, § 73-1765.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-228 - Transportation of persons or property in interstate commerce on public highways unlawful without adequate surety

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.
Acts 1955, No. 397, § 25; 1977, No. 468, § 1; A.S.A. 1947, § 73-1778; Acts 1993, No. 1027, § 1; 2007, No. 232, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-229 - Temporary authority

(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 or other proceeding may grant temporary authority for a period not exceeding ninety (90) days for the service by common or contract carrier, as the case may be. Satisfactory proof of the urgent and immediate need shall be made by affidavit or other verified proof, as the department shall prescribe.
(b)
The temporary authority shall be granted only upon payment of a filing fee in the amount of twenty-five dollars ($25.00) and compliance with the requirements of §§
23-13-227
and
23-13-244
. The filing fees shall be collected by the department to be deposited into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
(c)
After the temporary authority is granted, the department shall notify any carrier already authorized to perform all or any part of the service so authorized temporarily. Upon application in writing by the carrier, the department shall hold such hearings and make such further determination with respect to such temporary authority as the public interest shall require.
(d)
The grant of temporary authority shall not be extended for any cause.
(e)
Issuance of such temporary authority shall create no presumption that corresponding permanent authority will be granted thereafter.
Amended by Act 2017, No. 707,§ 203, eff. 8/1/2017.
Acts 1955, No. 397, § 6; 1983, No. 565, § 1; A.S.A. 1947, § 73-1759.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-230 - Brokers - Licenses - Rules for protection of public

(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, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for such transportation unless that person holds a broker's license issued by the Arkansas Department of Transportation to engage in such transactions.
(2)
In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for such transportation, it shall be unlawful for such a person to employ any carrier by motor vehicle who or which is not the lawful holder of an effective certificate or permit issued as provided in this subchapter.
(3)
The provisions of this subsection shall not apply to any carrier holding a certificate or a permit under the provisions of this subchapter or to any bona fide employee or agent of such a motor carrier, so far as concerns transportation to be furnished wholly by such a carrier or jointly with other motor carriers holding like certificates or permits or with a common carrier by railroad, express, or water.
(b)
A brokerage license 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, willing, and able properly to perform the service proposed and to conform to the provisions of this subchapter and the requirements and rules of the department thereunder and that the proposed service, to the extent authorized by the license, will promote the public interest and policy declared in this subchapter; otherwise the application shall be denied.
(c)
The department shall prescribe reasonable rules for the protection of travelers or shippers by motor vehicle, to be observed by any person holding a brokerage license. No such license shall be issued or remain in force unless the person shall have furnished a bond or other security approved by the department, in such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements, or arrangements therefor.
(d)
The department and its agents shall have the same authority as to accounts, reports, and records, including inspection and preservation thereof, of any person holding a brokerage license issued under the provisions of this section, that they have under this subchapter with respect to motor carriers subject thereto.
Amended by Act 2019, No. 315,§ 2428, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 204, eff. 8/1/2017.
Acts 1955, No. 397, § 13; A.S.A. 1947, § 73-1766.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-231 - Certificates, permits, and licenses - Effective dates

Certificates, permits, and licenses shall be effective from the date specified therein and shall remain in effect until terminated as provided in this subchapter.
Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No. 602, § 1; A.S.A. 1947, § 73-1767.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-232 - Certificates, permits, and licenses - Transfer, assignment, etc

(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, and after ten (10) days' notice, to parties in interest and hearing.
(b)
The transfer, lease, assignment, or hypothecation of the permits, certificates, or licenses shall not be authorized when the department finds the action will be inconsistent with the public interest or will have the effect of destroying competition or creating a monopoly, nor where it appears that reasonably continuous service under the authority or that part of the authority granted by the permit, certificate, or license which is sought to be transferred has not been rendered prior to the application for transfer, assignment, or hypothecation.
(c)
(1)
All applications for transfer must be made on proper forms prescribed by the department.
(2)
There must be attached to such application for a transfer of a certificate, permit, or license a joint affidavit executed by the vendor and vendee certifying that all accrued taxes, station rents, wages of employees, and all other indebtedness incident to the vendor's operation have been paid in full or, if such is not the case, will be assumed by the vendee. Provided, the provisions of this subsection shall not apply in any respect to either the vendor or the vendee, where the vendor has filed for protection under the federal bankruptcy laws and is transferring the authority as part of a reorganization or liquidation under an order directing the sale entered under the federal bankruptcy laws.
(d)
Every such application for the transfer of a certificate or permit shall be accompanied by a certified check or money order in the amount of fifty dollars ($50.00) made payable to the department. The funds shall be collected by the department to be deposited into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
Amended by Act 2017, No. 707,§ 205, eff. 8/1/2017.
Acts 1955, No. 397, § 14; 1983, No. 565, § 4; A.S.A. 1947, § 73-1767; Acts 1992 (1st Ex. Sess.), No. 35, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-233 - Certificates, permits, and licenses - Amendment, revocation, and suspension

(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 hearing, be suspended, changed, or revoked, in whole or in part, for:
(1)
Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license;
(2)
Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed;
(3)
Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or
(4)
Failure to timely pay ad valorem property taxes.
(b)
It is the intent of this section to require the department to suspend or revoke, after notice and hearing as hereafter provided, all or such part of the authority granted by any certificate which is not exercised reasonably continuously.
(c)
No certificate, permit, or license shall be revoked, except under application of the holder or violation of §
23-13-227
, unless the holder thereof willfully fails to comply within a reasonable time, not less than thirty (30) days, to be fixed by the department, with a lawful order of the department commanding obedience to the provisions of this subchapter, or to the rules of the department, or to the terms, conditions, or limitation of such certificate, permit, or license found by the department to have been violated by the holder.
Amended by Act 2019, No. 315,§ 2430, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2429, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 206, eff. 8/1/2017.
Acts 1955, No. 397, § 14; 1983, No. 579, § 1; 1983, No. 602, § 1; A.S.A. 1947, § 73-1767.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-234 - Operation without certificate or permit prohibited - Violation of terms, conditions, etc., of certificate, permit, or license prohibited

(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 shall be subject to a civil penalty to be collected by the department, after notice and hearing, in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(2)
If the penalty is not paid within ten (10) days from the date of the order of the department assessing the penalty, twenty-five percent (25%) thereof shall be added to the penalty.
(3)
Any amounts collected from the penalties provided for under this subsection shall be deposited by the department into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
(b)
(1)
Any person required by this subchapter to obtain a certificate of convenience and necessity as a common carrier or a permit as a contract carrier and operates as such a carrier without doing so shall be guilty of a violation. Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first such offense and not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each subsequent offense.
(2)
Each day of the violation shall be a separate offense.
(c)
(1)
Any person violating any other provision or any term or condition of any certificate, permit, or license, except as otherwise provided in §
23-13-258
, shall be guilty of a violation and upon conviction shall be fined not more than one hundred dollars ($100) for the first offense and not more than five hundred dollars ($500) for any subsequent offense.
(2)
Each day of the violation shall constitute a separate offense.
(3)
In addition thereto, the person shall be subject to the civil penalties provided in subsection (a) of this section.
Amended by Act 2017, No. 707,§ 207, eff. 8/1/2017.
Acts 1955, No. 397, § 22; 1971, No. 532, § 1; 1983, No. 565, § 5; A.S.A. 1947, § 73-1775; Acts 2005, No. 1994, § 148.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-235 - Annual fees charged carriers - Remittance - Disposition of funds

(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 or permit issued pursuant to this subchapter shall be five dollars ($5.00) for each bus, truck, or truck-tractor of the carrier to be operated in this state.
(2)
The annual registration fee for the registration of insurance to be collected from any other carrier, including a carrier holding a certificate or permit issued by the United States Surface Transportation Board, on behalf of the State of Arkansas shall be collected under the base state registration program and shall be five dollars ($5.00) per motor vehicle.
(3)
The Arkansas Department of Transportation shall also collect fees under the base state registration program on behalf of and for all other participating states of travel from all carriers based in the State of Arkansas. All fees collected on behalf of other participating states shall be collected in the amount required by that state and remitted to that state under the rules adopted by the United States Surface Transportation Board.
(b)
All fees as set out in this section shall be due and payable on or before January 1 of each year to cover the ensuing calendar year. However, the fees to be collected from the holders of temporary authority shall be due and payable before the authority is first exercised.
(c)
Nothing in this section shall be construed as requiring the payment of more than the fees for each bus, truck, or truck-tractor so used as set out in subsection (a) of this section, but the fee shall be paid annually for each motor vehicle, as the term "motor vehicle" is defined in rules of the United States Surface Transportation Board.
(d)
Failure on the part of any person or carrier to pay the annual registration fees as provided in this section shall be a violation of this subchapter, and upon conviction the person or carrier shall be punished as provided in §
23-13-257
.
Amended by Act 2019, No. 315,§ 2432, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2431, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 208, eff. 8/1/2017.
Acts 1955, No. 397, § 26; 1957, No. 343, § 1; 1983, No. 565, § 7; A.S.A. 1947, § 73-1779; Acts 1993, No. 1027, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-236 - Common carriers - Duties as to transportation of passengers and property - Rates, charges, rules, etc

(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, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable rules and practices relating thereto and relating to the issuance, form, and substance of tickets; the carrying of personal, sample, and excess baggage; the facilities for transportation; and all other matters relating to or connected with the transportation of passengers; and
(3)
In case of joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of the participating carriers.
(b)
It shall be the duty of every common carrier of property by motor vehicle:
(1)
To provide safe and adequate service, equipment, and facilities for the transportation of property; and
(2)
To establish, observe, and enforce just and reasonable rates, charges, and classifications and just and reasonable rules and practices relating thereto, and relating to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.
Amended by Act 2019, No. 315,§ 2434, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2433, eff. 7/24/2019.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-237 - Common carriers - Rates, fares, and charges to be just and reasonable - Unreasonable preferences or advantages prohibited

(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 charge for such a service or any part thereof is prohibited and declared to be unlawful.
(b)
It shall be unlawful for any common carrier by motor vehicle to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, region, district, territory, or description of traffic, in any respect whatsoever or to subject any particular person, gateway, locality, region, district, territory, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
(c)
This shall not be construed to apply to discrimination, prejudices, or disadvantages to the traffic of any other carrier of whatever description.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-238 - Common carriers - Rates, fares, rules, etc. - Complaints

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 subchapter.
Amended by Act 2019, No. 315,§ 2435, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 209, eff. 8/1/2017.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-239 - Common carriers - Rates, fares, rules, etc. - Determination by department

(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, express, or water for transportation, or that any classification, rule, or practice whatsoever of the carriers affecting the rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, or unduly preferential, or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, or practice thereafter to be made effective.
(2)
Whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint, the department shall establish through routes and joint rates, fares, charges, rules, or practices applicable to the transportation of passengers by common carriers by motor vehicle or establish the maximum or minimum rates, fares, or charges to be charged and the terms and conditions under which the through routes shall be operated.
(b)
Nothing in this subchapter shall empower the department to prescribe or in any manner regulate the rate, fare, or charge for interstate transportation or for any service connected therewith.
Amended by Act 2019, No. 315,§ 2436, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 210, eff. 8/1/2017.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-240 - Common carriers - Rates, charges, rules, etc. - Establishment and division of joint rates, charges, etc

(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 establish reasonable through routes and joint rates, fares, or charges with common carriers by railroad or water.
(b)
In case of joint rates, fares, or charges, it shall be the duty of the carriers parties thereto to establish just and reasonable rules and practices in connection therewith and to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any participating carriers.
(c)
(1)
Whenever, after hearing, upon complaint or upon its own initiative the Arkansas Department of Transportation is of the opinion that the divisions of joint rates, fares, or charges, applicable to the transportation of passengers or property by common carriers by motor vehicle, or by such carriers in conjunction with common carriers by railroad, express, or water, are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, whether agreed upon by such carriers, or any of them, or otherwise established, the department shall by order prescribe the just, reasonable, and equitable divisions thereof to be received by the several carriers.
(2)
In cases where the joint rate, fare, or charge was established pursuant to a finding or order of the department, the department may also by order determine what would have been the just, reasonable, and equitable divisions thereof to be received by the several carriers and require adjustment to be made in accordance therewith.
(3)
The order of the department may require the adjustment of divisions between the carriers, in accordance with the order, from the date of filing the complaint or entry of order of investigation or such other date subsequent as the department finds justified. In the case of joint rates described by the department, the order as to divisions may be made effective as a part of the original order.
Amended by Act 2019, No. 315,§ 2437, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 211, eff. 8/1/2017.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-241 - Common carriers - Schedules, rules, etc., affecting rates, fares, etc. - Hearings - Suspension proceedings

(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 rate, fare, or charge, or the value of the service thereunder is filed with the Arkansas Department of Transportation, the department is authorized and empowered to enter upon a hearing concerning the lawfulness of the rate, fare, or charge, or the lawfulness of a rule or practice, upon the complaint of any interested party or upon its own initiative, at once, if the department so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice.
(b)
(1)
Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the rate, fare, or charge or such rule or practice for a period of thirty (30) days by filing with the schedule and delivering to the carriers affected thereby a statement in writing of its reasons for the suspension.
(2)
If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time, by order, may extend the period of suspension, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect. The department may make the order with reference thereto as would be proper in a proceeding instituted after it had become effective.
(c)
If the proceeding has not been concluded and an order made within the period of suspension, the proposed change, or rate, fare, or charge or classification, rule, or practice shall go into effect at the end of the period.
Amended by Act 2019, No. 315,§ 2438, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 212, eff. 8/1/2017
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-242 - Common carriers - Rates, charges, rules, etc. - Factors of reasonableness or justness

(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 of transportation by carriers to the effect of rates upon the movement of traffic by the carriers;
(2)
The need, in the public interest, of adequate and efficient transportation service by the carriers at the lowest cost consistent with the furnishing of the service; and
(3)
The need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide the service.
(b)
(1)
In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of the carrier, either goodwill, earning power, or the certificate under which the carrier is operating.
(2)
In applying for and receiving a certificate under this subchapter, any common carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of the certificate.
Amended by Act 2017, No. 707,§ 213, eff. 8/1/2017.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-243 - Sections 23-13-236 - 23-13-242 cumulative

Nothing in §§
23-13-236
-
23-13-242
shall be held to extinguish any remedy or right of action not inconsistent therewith.
Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-245 - Contract carriers - Schedule of minimum rates and charges, rules, and practices - Requirement - Filing, posting, and publishing required

(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 reasonable minimum rates, fares, and charges.
(b)
It shall be the duty of every contract carrier by motor vehicle to file with the Arkansas Department of Transportation and to publish and keep open for public inspection, in the form and manner prescribed by the department, schedules containing the minimum rates or charges of the carrier actually maintained and charged for the transportation of passengers or property and any rule or practice affecting such rates or charges and the value of the service thereunder.
(c)
No contract carrier, unless otherwise provided by this subchapter, shall engage in the transportation of passengers or property unless the minimum charges for the transportation by the carrier have been published, filed, and posted in accordance with the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2440, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 215, eff. 8/1/2017.
Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-246 - Contract carriers - Schedule of minimum rates and charges, rules, and practices - Adherence to schedule required - Exceptions

(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 Transportation from time to time.
(b)
It shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the minimum charges so filed or prescribed.
(c)
However, any contract carrier, or any class or group thereof, may apply to the department for the relief from the provisions of §
23-13-245
, and the department after hearing may grant such relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the transportation policy declared in this subchapter.
Amended by Act 2019, No. 315,§ 2441, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 216, eff. 8/1/2017.
Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-247 - Contract carriers - Schedule of minimum rates and charges, rules and practices - Notice of proposed changes

(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 in the manner and form set forth in §
23-13-245
. However, in its discretion and for good cause shown, the Arkansas Department of Transportation may allow such a change upon less notice or modify the requirements of §
23-13-245
with respect to posting and filing of the schedules, either in particular instances or by general order applicable to special or peculiar circumstances or conditions.
(b)
The notice shall plainly state the change proposed to be made and the time when the change will take effect.
Amended by Act 2019, No. 315,§ 2442, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 217, eff. 8/1/2017.
Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-248 - Contract carriers - Complaints

All complaints shall state fully the facts complained of, and the reason for the complaints, and shall be made under oath.
Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-249 - Contract carriers - Schedule of rules, etc., affecting rates, fares, etc. - Hearings - Suspension proceedings

(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 may enter upon a hearing concerning the lawfulness of such charge or such rule or practice upon complaint of interested parties or upon its own initiative at once, and if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice.
(b)
Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the charge, or the rule or practice for a period of thirty (30) days, by filing such schedules and delivering to the carrier affected thereby a statement in writing of its reasons for the suspension.
(c)
If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time may extend the period of suspension by order, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect.
(d)
(1)
After the hearing, whether completed before or after the charge, rule, or practice goes into effect, the department may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective.
(2)
If the proceeding has not been concluded and an order made therein within the period of suspension, the proposed change in any rule or practice shall go into effect at the end of such a period.
Amended by Act 2019, No. 315,§ 2443, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 218, eff. 8/1/2017.
Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.