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 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-12-101 — 23-12-105) › Section 23-12-103 - Unsafe tracks, bridges, etc. - Inspection - Notice to railroad of necessary repairs, etc. - Failure to repair or to stop traffic - Liability for injuries - Penalties

(a)
(1)
It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any railroads in this state are in a condition that renders any of them dangerous or unfit for the transportation of passengers with reasonable safety.
(2)
If, upon examination, in its opinion, any such tracks, bridges, or other structures or works are unfit for the transportation of passengers with reasonable safety, it shall be its duty to give to the superintendent or other executive officer of the company working or operating the defective tracks, bridges, or other structures notice of the condition thereof, and of the repairs necessary to place them in safe condition. The department may also order and direct the speed of trains over such dangerous and defective tracks, bridges, or other structures until the repairs are made and the time within which the repairs shall be made by the company.
(b)
(1)
If any such superintendent or executive officer receiving the notice and order willfully neglects, for the period of two (2) days after receiving the notice and order, to direct the proper subordinate officers to move the passenger trains over the defective track, bridge, or other structure at the speed prescribed by the department, or if any engineer, conductor, or other employee of the company disobeys the order of the superintendent or officer whose duty it is to issue the order, then every such superintendent, conductor, engineer, or other employee shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding five hundred dollars ($500) or be imprisoned in the county jail of the proper county for a period not exceeding one (1) year, or both, at the discretion of the court.
(2)
In case the disregard of the instructions of the department shall cause any accident whereby human life shall be lost or passengers maimed or wounded, the superintendent of the company, and the engineer and conductor in charge of the train, shall severally be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for a period of not fewer than two (2) nor more than ten (10) years.
(3)
The department shall have power to wholly stop the running of passenger trains over the defective track, bridge, or other structure.
(c)
The department is required, in case any company fails to repair the track, bridge, or other structure within the time required, to give notice of the fact to the traveling public in some newspaper having a general circulation along the line of the railroad.
(d)
The department may recover from the railroad company the sum of one thousand dollars ($1,000) for each day that expires after the time fixed by the department for the repair of the defective track, bridge, or other structure for neglect to repair the same unless good and sufficient cause can be shown for the failure to repair the defective track, bridge, or other structure. Such sum may be recovered before any court having competent jurisdiction for the use and benefit of the State of Arkansas, after paying the costs of the advertisement herein provided for.
Amended by Act 2017, No. 707,§ 171, eff. 8/1/2017.
Acts 1909, No. 163, § 1, p. 502; C. & M. Dig., § 1633; Pope's Dig., § 1954; A.S.A. 1947, § 73-613.