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 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 4 - EQUIPMENT - SAFETY PRECAUTIONS (§§ 23-12-401 — 23-12-412) › Section 23-12-412 - Stock guards required when railroad passes through enclosure

(a)
(1)
It shall be the duty of all railroad companies organized under the laws of this state or any other state, which have constructed or may construct a railroad which may pass through or upon any enclosed lands of another, whether such lands were enclosed at the time of the construction of the railroad or were enclosed thereafter, upon receiving ten (10) days' notice in writing from the owner or agent of the lands to construct suitable and safe stock guards on either side of the enclosure where the railroad enters the enclosure and to keep the guards in good repair.
(2)
The notice as provided in this subsection may be had by the persons aggrieved or their agent serving a written notice upon a station agent, or upon any person upon whom service may be had in the employ of the railroad company, or any officer thereof. Proof that the written notice was delivered as required in this subdivision (a)(2) shall be sufficient.
(b)
(1)
Any railroad company failing to comply with the requirements of subdivision (a)(1) of this section shall be liable to the persons aggrieved thereby for the actual damages caused to the persons by reason of the failure of any railroad company to properly construct, keep, and maintain in good repair the stock guards.
(2)
In addition to the actual damages, the railroad company shall be liable for a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense.
(3)
The penalty may be collected, together with the actual damages, by a civil suit in any court having jurisdiction thereof.
Acts 1893, No. 140, §§ 1, 2, p. 244; 1909, No. 53, §§ 1, 2, p. 135; C. & M. Dig., §§ 8478, 8479; Pope's Dig., §§ 11052, 11053; A.S.A. 1947, §§ 73-623, 73-624.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-501 - Definitions for sections 23-12-501 - 23-12-507

As used in this section and §§
23-12-502
-
23-12-507
, unless the context otherwise requires, "common carrier by railroad" or "common carrier" shall be taken to embrace any company, association, corporation, or person managing, maintaining, operating, or in possession of a common carrier operating upon rails or tracks in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver.
Acts 1911, No. 88, § 4; C. & M. Dig., § 7141; Pope's Dig., § 9127; A.S.A. 1947, § 73-917.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-502 - Construction of sections 23-12-501 - 23-12-507

Nothing in this section and §§
23-12-501
and
23-12-503
-
23-12-507
shall be held to limit the duty of common carriers by railroad or impair the rights of their employees in the existing laws of the state.
Acts 1911, No. 88, § 6; C. & M. Dig., § 7143; Pope's Dig., § 9129; A.S.A. 1947, § 73-919.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-503 - Liability for injury or death of employee generally

Every common carrier by railroad in this state shall be liable for all damages to any person suffering injury while he or she is employed by the carrier or, in case of the death of the employee, to his or her personal or legal representative, for the benefit of the surviving widow or husband and children of the employee; if none, then to the employee's parents; if none, then to the next of kin of the employee, for the injury or death resulting in whole or in part:
(1)
From the negligence of any of the officers, agents, or employees of the carrier;
(2)
By reason of any insufficiency of clearance of obstructions; of strength of roadbed and tracks or structures, or machinery and equipment; of lights and signals in switching and terminal yards, or rules; and of number of employees to perform the particular duties with safety to themselves and their co-employees, or of any other insufficiency; or
(3)
By reason of any defect, which defect is due to its negligence in its cars, engines, motors, appliances, machinery, tracks, roadbeds, boats, works, wharves, or other equipment.
Amended by Act 2019, No. 315,§ 2411, eff. 7/24/2019.
Acts 1911, No. 88, § 1; C. & M. Dig., § 7138; Pope's Dig., § 9124; A.S.A. 1947, § 73-914.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-504 - Death or injury caused by defective cars, appliances, etc. - Presumption of knowledge - Prima facie evidence of negligence

(a)
If the employee of any common carrier shall receive any injury or shall be killed by reason of any defect in any cars, engines, motors, appliances, machinery, tracks, roadbeds, works, wharves, or other equipment owned, operated, or used by the common carrier, the common carrier shall be deemed to have had knowledge of the defect before and at the time the injury is sustained or death caused.
(b)
When the fact of the defect shall be made to appear in the trial of any action in the courts of this state brought by the employee or his or her personal or legal representative against any common carrier for damages on account of injuries so received or death so caused, the fact of the defect shall be prima facie evidence of negligence on the part of the common carrier.
Acts 1911, No. 88, § 2; C. & M. Dig., § 7139; Pope's Dig., § 9125; A.S.A. 1947, § 73-915.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-505 - Death or injury of employee - Contributory negligence

(a)
In all rights of action arising within, or by virtue of, this section and §§
23-12-501
-
23-12-504
,
23-12-506
and
23-12-507
for personal injury to an employee, or where an injury has resulted in his or her death, the fact that an employee may have been guilty of contributory negligence shall not bar a recovery if the negligence of the employee was of a lesser degree than the negligence of the common carrier, its officers, agents, or employees.
(b)
No employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by the common carrier or its officials, agents, or employees of any law enacted for the safety of employees or persons contributed to the injury or death of the employee.
Acts 1911, No. 88, § 3; C. & M. Dig., § 7140; Pope's Dig., § 9126; A.S.A. 1947, § 73-916.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-506 - Death or injury of employee - No assumption of risk

An employee shall not be held to have assumed the risk of his or her employment in any action arising out of any of the provisions of this section and §§
23-12-501
-
23-12-505
, and
23-12-507
.
Acts 1911, No. 88, § 3; C. & M. Dig., § 7140; Pope's Dig., § 9126; A.S.A. 1947, § 73-916.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-507 - Death or injury of employee - Contracts of employment or indemnity insurance no defense - Setoff by employer

(a)
No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee nor the acceptance of any insurance, relief benefit, or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to, or death of, the employees.
(b)
However, upon the trial of the action, the defendant may set off therein any sum it has contributed toward any insurance, relief benefit, or indemnity that may have been paid to the injured employee, or, in case of death, to his or her personal or legal representative.
Acts 1911, No. 88, § 5; C. & M. Dig., § 7142; Pope's Dig., § 9128; A.S.A. 1947, § 73-918.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-508 - Railroads receiving hospital fees to provide hospital facilities in state - Penalty for noncompliance

(a)
(1)
Every railroad company or corporation operating railroads in this state that collects or receives hospital fees from their employees shall provide hospital facilities in this state of such capacity and equipment as will be sufficient for the care, needs, and accommodation of their sick or injured employees who are residents of this state.
(2)
Any employees injured while in the service of any such railroad shall not be taken or sent out of the state for treatment.
(b)
Any railroad company or corporation operating railroads in this state that shall violate any of the provisions of this section, shall be liable on conviction to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, each day to constitute a separate offense.
Acts 1909, No. 299, §§ 1, 2, p. 900; C. & M. Dig., § 7115; Pope's Dig., § 9101; A.S.A. 1947, §§ 73-912, 73-913.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-509 - Limit on hours of service on freight trains of persons running trains - Penalties for noncompliance - Liability for death or injury

(a)
(1)
Any company owning or operating a railroad over thirty (30) miles in length in whole or in part within this state shall not permit or require any conductor, engineer, fireman, brakeman, or any trainman on any train, who has worked in his or her respective capacity for sixteen (16) consecutive hours, to again be required to go on duty or perform any work until he or she has had at least eight (8) hours' rest, except in cases of wrecks or washout.
(2)
However, at the expiration of the sixteen (16) hours' continuous service, the engineer and trainmen on any train which is at a distance not exceeding twenty-five (25) miles from any division terminal or destination point shall be permitted, if they so elect, to run the train into the division terminal or destination point. The additional service permitted under this subdivision (a)(2) shall not be so construed as to relieve any railroad corporation from liabilities incurred under subsection (c) of this section.
(b)
Any railroad company or corporation knowingly violating any of the provisions of this section shall be liable to a penalty of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) for the first offense. For any subsequent offense, it shall be liable for a penalty of not less than two hundred dollars ($200) nor more than three hundred dollars ($300). The monetary penalty shall be recovered in a civil action in the name of the state.
(c)
In addition to the penalty prescribed in subsection (b) of this section, any corporation violating the provisions of this section shall not be permitted to interpose the defense of contributory negligence in the event of action being brought to recover for damages resulting from any accident which shall occur and by which injury shall be inflicted on any employee who may be detained in service more than sixteen (16) hours, notwithstanding that the negligence of the injured employee may have caused his or her own injury. Nor shall the defense of contributory negligence be interposed if the injury resulted in the death of the employee and the action is brought for the benefit of his or her next of kin.
(d)
The provisions of this section shall not apply to passenger trains.
Acts 1903, No. 144, §§ 1-3, p. 245; C. & M. Dig., §§ 7077-7079; Pope's Dig., §§ 9059-9061; A.S.A. 1947, § 73-905 -- 73-907.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-510 - Limit of hours on duty of telephone and telegraph operators for railroads - Penalties

(a)
It shall be unlawful for any person, corporation, association, or their agents or officials operating a railroad within this state to permit any of the following to be on duty for more than eight (8) hours in any twenty-four (24) consecutive hours:
(1)
Any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the trains, and operating one (1) or more train order signals;
(2)
Telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of the line, connecting sidetracks or switches; or
(3)
Train dispatchers in its service whose duties pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section.
(b)
(1)
Any person, corporation, association, or their agents or officials that shall violate subsection (a) of this section shall pay a fine of five hundred dollars ($500) for each violation of this section.
(2)
The fine mentioned in subdivision (b)(1) of this section shall be recovered by an action in the name of the State of Arkansas for the use of the state, who shall sue for it against the person, corporation, association, agent, or official violating this section. The suit is to be instituted in any court in this state having appropriate jurisdiction.
(3)
The fine, when recovered, shall be paid without any deduction whatever to the State of Arkansas, for whose use the suit was instituted.
Acts 1907, No. 282, §§ 1-4, p. 656; C. & M. Dig., §§ 7080, 7081; Pope's Dig., §§ 9062, 9063; A.S.A. 1947, §§ 73-908 -- 73-911.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-512 - Blocks in frogs and guardrails required

(a)
Any company owning or operating any railroads in this state shall be required to place and maintain blocks of a sufficient size in all its frogs and guardrails to prevent employees from getting their feet caught therein.
(b)
Any company owning and operating any railroad in this state violating the provisions of this section shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) for each separate offense.
Acts 1911, No. 261, §§ 1, 2; C. & M. Dig., §§ 7118, 7120; Pope's Dig., §§ 9105, 9106; A.S.A. 1947, §§ 73-903, 73-904.
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 5 - EMPLOYEES (§§ 23-12-501 — 23-12-514) › Section 23-12-514 - Standard employee identification requirements - Findings - Definitions

(a)
The General Assembly finds that:
(1)
The services provided by railroads are essential to the functionality of the state;
(2)
The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident;
(3)
The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and
(4)
Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers.
(b)
As used in this section:
(1)
"Federal Railroad Administration-certified conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;
(2)
"Federal Railroad Administration-certified engineer" means an engineer licensed and certified by the Federal Railroad Administration;
(3)
"Railroad accident or incident" means a collision or impact that:
(A)
Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and
(B)
Results in death, injury, or property damage; and
(4)
"Railroad manager" means a railroad employee overseeing and assisting in the operation of railroad transit.
(c)
(1)
Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident.
(2)
In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a:
(A)
Federal Railroad Administration-certified conductor;
(B)
Federal Railroad Administration-certified engineer; or
(C)
Railroad manager.
Amended by Act 2019, No. 467,§ 1, eff. 3/14/2019.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-601 - Trains to run on regular schedule - Accommodations for passengers - Damages for noncompliance

(a)
Every railroad corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice.
(b)
(1)
Every railroad corporation shall furnish sufficient accommodations for the transportation of all passengers and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting and the junctions of other railroads, and at sidings and stopping places established for receiving and discharging way passengers and freight.
(2)
The railroad corporation shall take, transport, and discharge such passengers and property at, from, and to such places on the due payment of tolls, freight, or fare legally authorized therefor.
(c)
In case of the refusal of the corporation, or its agents, to take and transport any passenger or property or to deliver the passenger or property, or either of them, at the regular or appointed time, the corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with the costs of suit.
Acts 1868, No. 71, §§ 31, 32, p. 290; C. & M. Dig., §§ 846, 847; Pope's Dig., §§ 1050, 1051; A.S.A. 1947, §§ 73-801, 73-802.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-602 - Transfer of passengers, freight, and mail at crossings, intersections, etc. - Damages

(a)
Every railroad company operating a railroad in this state shall cause all freight and passenger trains running on its roads to stop at all points on its roads where another railroad crosses, joins, unites, or intersects. At those places the company shall take and receive on its trains all passengers, freight, and mail which the railroad so crossing, joining, or intersecting has for shipment at that point and shall carry the passengers, freight, and mail.
(b)
The railroad shall also discharge all passengers, freight, and mail consigned to the point of crossing, intersection, or junction of the railroad and which is to be transported, carried, and conveyed on the railroad.
(c)
No railroad company shall in any way discriminate against passengers or freight transported or conveyed by any intersecting railroad company.
(d)
Any railroad company violating any of the provisions of this section shall forfeit and pay to the company injured thereby double the amount of damages which the injured company may have sustained. This amount shall be recovered in any court of competent jurisdiction.
Acts 1883, No. 89, §§ 3, 4, p. 158; C. & M. Dig., §§ 852, 853, 8491, 8492; Pope's Dig., §§ 1056, 1057, 11065, 11066; A.S.A. 1947, §§ 73-803, 73-804.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-603 - Department may require passenger trains to stop at all stations - Exception

(a)
The Arkansas Department of Transportation is empowered to require every company or person operating a railroad in Arkansas which runs and operates passenger trains to stop one (1) of its passenger trains each way every day at all regular stations where tickets are sold whether the station is a flag station or not.
(b)
However, if the department after a hearing finds that adequate service for the carriage of passengers, mail, baggage, express, and newspapers between stations is or will be furnished and rendered daily by motor-propelled vehicles on highways, it shall have the power to authorize the railroad company to discontinue stopping the trains at stations.
Amended by Act 2017, No. 707,§ 175, eff. 8/1/2017.
Acts 1941, No. 297, § 1; A.S.A. 1947, § 73-807.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-604 - Duty to erect depot and stop passenger trains in cities and towns near state line - Exception - Penalty

(a)
Any railroad company owning or operating a line of railway in this state, passing through any city or incorporated town within one-half (1/2) mile of the state boundary line of this state, shall erect and maintain a suitable depot therein and shall stop all its passenger trains at this station.
(b)
(1)
Any railroad company which fails, refuses, or neglects to build a suitable depot within ninety (90) days or shall fail to stop all its passenger trains as provided in subsection (a) of this section shall forfeit and pay a sum of money not less than fifty dollars ($50.00) nor more than two hundred dollars ($200), to be prosecuted in the name of the state by any citizen aggrieved or by the prosecuting attorney of the district. Each day's refusal or neglect shall constitute a separate offense.
(2)
The sum when so recovered shall go to the school fund of the county in which the city or town is located.
(3)
The prosecuting attorney shall be allowed twenty percent (20%) of the amount so received for his or her services.
(c)
This section shall not apply where there is a depot within three hundred feet (300') of the opposite side of the line at which all passenger trains stop.
Acts 1887, No. 76, §§ 1, 2, p. 106; 1905, No. 194, §§ 1, 2, p. 501; C. & M. Dig., §§ 8469, 8470; Pope's Dig., §§ 11043, 11044; A.S.A. 1947, §§ 73-805, 73-806.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-605 - Union passengers or freight depots

(a)
The Arkansas Department of Transportation shall have power to require the building and maintaining of union passenger or freight depots, by two (2) or more railroads in any city of the first class or city of the second class in this state, when the business and conditions in the city justify or require such facilities.
(b)
The making of any order for the erection and maintaining of any such union passenger or freight depots, or both, shall be prima facie evidence of the need for the facility and reasonableness of the requirement.
Amended by Act 2017, No. 707,§ 176, eff. 8/1/2017.
Acts 1909, No. 277, § 5, p. 814; C. & M. Dig., § 1648; Pope's Dig., § 1969; A.S.A. 1947, § 73-808.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-607 - Petitions for establishment, discontinuance, modification, etc., of service - Authority of department

The Arkansas Department of Transportation is authorized, empowered, and required to hear and consider all petitions filed with it for establishment, discontinuance, enlargement, dualization, or modification of railroad train service, spurs, sidetracks, and platforms.
Amended by Act 2017, No. 707,§ 177, eff. 8/1/2017.
Acts 1907, No. 149, § 1, p. 356; 1907, No. 338, § 1, p. 821; C. & M. Dig., § 1638; Pope's Dig., § 1959; Acts 1961, No. 203, § 1; A.S.A. 1947, § 73-809.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-608 - Establishment, discontinuance, modification, etc., of service generally - Investigation of objects sought to be accomplished - Findings

(a)
Within thirty (30) days after the filing of a petition, the Arkansas Department of Transportation shall proceed to make a personal inspection of the conditions complained of and investigate the objects sought to be accomplished by the petitioners. The department shall have the right and power to summon and swear witnesses. The summons shall be served by any sheriff, constable, or deputy having legal jurisdiction.
(b)
The department shall determine the amount, degree, and character of construction, equipment, changes, and enlargements of stations and depots which should be supplied by the railroad, railroad company, its lessee, or operator. The department shall have the power and authority to require a reasonable train service for each and every such railroad station and depot within the State of Arkansas, and its finding shall be binding upon all such railroads within the State of Arkansas.
(c)
The department shall file a copy of its findings and decrees with the Secretary of State, the Attorney General, and the circuit clerk of the county wherein the decree is granted.
(d)
The department shall serve notice upon the defendant railroad company by delivering a copy of its findings and decrees to the nearest local station agent and by sending by registered mail a copy to the superintendent, general manager, lessee, or operator of the railroad or railroad company.
Amended by Act 2017, No. 707,§ 178, eff. 8/1/2017.
Acts 1907, No. 149, §§ 2, 3, p. 356; 1907, No. 338, §§ 2, 3, p. 821; C. & M. Dig., §§ 1639, 1640; Pope's Dig., §§ 1960, 1961; A.S.A. 1947, §§ 73-810, 73-811.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-609 - Establishment, discontinuance, modification, etc., of service generally - Failure to comply with findings and mandate - Penalty

(a)
Any railroad, railroad company, lessee, or operator of the railroad company, which fails or refuses to comply with the findings, decrees, and mandates of the Arkansas Department of Transportation within the time specified therein, shall be deemed guilty of a misdemeanor.
(b)
The district prosecuting attorney shall bring the proceeding in any court having competent jurisdiction, and upon conviction the railroad, railroad company, lessee, or operator of the railroad company shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100).
(c)
(1)
Every day of the violation, refusal, failure, or neglect shall constitute a separate offense.
(2)
However, no order for doing anything hereinabove provided shall be made by the department until all parties concerned shall receive ten (10) days' notice of the proposed change.
Amended by Act 2017, No. 707,§ 179, eff. 8/1/2017.
Acts 1907, No. 149, § 4, p. 356; 1907, No. 338, § 4, p. 821; C. & M. Dig., § 1641; Pope's Dig., § 1962; A.S.A. 1947, § 73-812.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-610 - Petitions to establish, reestablish, or enlarge service

A petition for establishment, reestablishment, or enlargement of railroad train service, spurs, sidetracks, and platforms shall be signed by at least twenty-five (25) qualified electors residing in the territory sought to be affected.
Acts 1907, No. 149, § 1, p. 356; 1907, No. 338, § 1, p. 821; C. & M. Dig., § 1638; Pope's Dig., § 1959; Acts 1961, No. 203, § 1; A.S.A. 1947, § 73-809.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-611 - Discontinuance, dualization, or modification of agency station - Petitions to reestablish

(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 agency station had been operating at a financial loss according to standard accounting procedures for not less than one (1) year immediately preceding, or that operating economies would result consistent with public convenience and necessity.
(b)
The agency station may be closed or modified ninety (90) days after the date of filing of the notice of discontinuance, dualization, or modification unless a petition for the reestablishment of the discontinued, dualized, or modified agency station, signed by at least twenty-five (25) qualified electors residing in the city, town, or political subdivision where the agency station is located, is filed with the department within sixty (60) days after the date of filing of the notice.
(c)
The department is authorized, empowered, and required to hear and consider all petitions for the reestablishment of any agency station discontinued, dualized, or modified by the railroad under authority of this section. The hearing shall be held within sixty (60) days following filing of the petition for reestablishment and following thirty (30) days' written notice of the hearing to the railroad and petitioners.
(d)
In determining whether an agency station should be discontinued, dualized, or modified, the standard to be employed is whether the railroad has operated the agency station at a financial loss according to standard accounting procedures for not less than one (1) year immediately preceding the filing of the notice of discontinuance, dualization, or modification, or whether operating economies would result therefrom.
Amended by Act 2017, No. 707,§ 180, eff. 8/1/2017.
Acts 1907, No. 149, § 1, p. 356; 1907, No. 338, § 1, p. 821; C. & M. Dig., § 1638; Pope's Dig., § 1959; Acts 1961, No. 203, § 1; A.S.A. 1947, § 73-809.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-612 - Abandonment of operations without authority - Stockholders to offer stock for sale - Penalty - Enforcement

(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 stockholders of the corporation shall offer for sale their stock in the railroad corporation within sixty (60) days of the abandonment. The offer shall be open for not fewer than one hundred twenty (120) days thereafter and shall be to any person, firm, or corporation at a price not exceeding the net investment of the stockholders of the corporation in the stock at the time of the abandonment or the fair net salvage value of the properties owned by the corporation at the time of the abandonment, whichever is less.
(b)
Any stockholder of any such corporation who violates the terms of this section shall be fined in the sum of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000). Each day of such a violation shall constitute a separate offense.
(c)
The Attorney General shall have authority to enforce this section in the name of the State of Arkansas by appropriate proceedings in any court of competent jurisdiction.
Acts 1947, No. 89, § 1; A.S.A. 1947, § 73-813.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-613 - Receiver appointed upon attempt to abandon

(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 Department of Transportation shall report the attempted abandonment to the Attorney General.
(b)
The Attorney General shall, at once, file a suit in behalf of the state against that railroad corporation, manager, or receiver in the Pulaski County Circuit Court, or of any county through which the railroad passes. Suit shall be filed for the purpose of determining whether the corporation has abused its rights and privileges as a common carrier and granted by the State of Arkansas.
(c)
(1)
If the court determines that the corporation, manager, or receiver has so failed or refused to carry out its obligations as a common carrier, then the court shall appoint a receiver for the purpose of operating the railroad and providing the service to the public.
(2)
The receiver shall have no connection directly or indirectly with the railroad corporation, manager, or receiver prior to the time of his or her appointment, but he or she shall be a good business person and qualified to perform the duties of the receiver.
(d)
The receiver shall collect freight and passenger rates as prescribed by law and shall do and perform any and all things necessary in the operation of the trains over the road and shall report to the court at such times as the court may direct.
Amended by Act 2017, No. 707,§ 181, eff. 8/1/2017.
Acts 1947, No. 90, § 1; A.S.A. 1947, § 73-814.
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 6 - TRAIN SERVICE GENERALLY (§§ 23-12-601 — 23-12-614) › Section 23-12-614 - Posting information regarding National Human Trafficking Resource Center Hotline

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
.
Added by Act 2013, No. 1157,§ 9, eff. 8/16/2013.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-701 - Railroad police - Purpose - Appointment

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 persons and property of railroad passengers and employees and in the protection of railroad property. The appointment of any such person as a railroad police officer shall be subject to the approval of the Governor of this state.
Acts 1973, No. 57, § 1; A.S.A. 1947, § 73-634.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-702 - Railroad police - Oath and bonds

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 performance of his or her duties. The oath of office and the bond, with a copy of the commission, shall be filed with the Secretary of State.
Acts 1973, No. 57, § 2; A.S.A. 1947, § 73-635.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-703 - Railroad police - Powers

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 property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of railroad police officer.
Acts 1973, No. 57, § 3; A.S.A. 1947, § 73-636.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-704 - Railroad police - Jailing of persons arrested

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 officer.
Acts 1973, No. 57, § 3; A.S.A. 1947, § 73-636.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-705 - Railroad police - Identification

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 identification card on demand and before making an arrest.
Acts 1973, No. 57, § 4; A.S.A. 1947, § 73-637.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-706 - Railroad police - Compensation

The compensation for railroad police officers shall be paid by the company for which they are respectively appointed.
Acts 1973, No. 57, § 5; A.S.A. 1947, § 73-638.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-707 - Railroad police - Termination of powers

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.
Acts 1973, No. 57, § 6; A.S.A. 1947, § 73-639.
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 7 - POLICING TRAINS (§§ 23-12-701 — 23-12-708) › Section 23-12-708 - Drinking or drunkenness in public places - Arrests by railroad conductors

(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 arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company.
(2)
Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law.
(3)
If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law.
(4)
When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest.
(b)
All conductors on trains running in this state are authorized and empowered to act in the capacity of peace officers on their respective trains in this state for the specific purpose only to arrest any and all persons on their respective trains that they find to be drunk or in an intoxicated condition and deliver those persons, together with the names of two (2) witnesses who are not railroad employees, to some peace officer at first available opportunity. The conductor is authorized and empowered to deputize any person or persons present to assist him or her in the performance of this duty.
Acts 1909, No. 44, § 3, p. 99; C. & M. Dig., §§ 946, 3358; Acts 1935, No. 108, § 11; Pope's Dig., §§ 1150, 4206, 14144; A.S.A. 1947, §§ 48-944, 73-1214.
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 8 - OFFENSES RELATING TO RAILROADS (§§ 23-12-801 — 23-12-807) › Section 23-12-802 - Trespassers boarding trains

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, however short the distance, without the consent of the person or persons in charge of the train is guilty of a violation. Upon conviction under this section, that person shall be punished by a fine of not less than one dollar ($1.00) nor more than ten dollars ($10.00). However, no person shall be so arrested except at the request of an agent or employee of the railroad company.
Amended by Act 2023, No. 180,§ 6, eff. 8/1/2023.
Acts 1905, No. 191, § 1, p. 489; C. & M. Dig., § 8592; Pope's Dig., § 11170; Acts 1939, No. 55, § 1; A.S.A. 1947, § 73-1104.