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 8 - OFFENSES RELATING TO RAILROADS (§§ 23-12-801 — 23-12-807) › Section 23-12-804 - Discharge of firearms or throwing objects at railroad or street car

If any person wantonly, maliciously, or mischievously discharges firearms or throws stones, sticks, clubs, or other missiles at, into, or against any locomotive, railroad car, or street car on any railroad, he or she shall be guilty of a misdemeanor. On conviction the person shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) or by imprisonment in the county jail for not more than three (3) months, or by both a fine and imprisonment.
Acts 1893, No. 77, § 1, p. 144; C. & M. Dig., § 8597; Pope's Dig., § 11175; A.S.A. 1947, § 73-1110.
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 23-12-805 - Willful interference with railroads - Damages

(a)
If any person willfully does or causes any act whatever, whereby any building, construction, or work of any railroad corporation in this state, or any engine, machine, structure, or any matter or thing appertaining to the railroad corporation shall be stopped, obstructed, injured, impaired, weakened, or destroyed, the person so offending shall be guilty of a violation and upon conviction shall forfeit and pay to the railroad corporation so injured, etc., treble the amount of damages sustained by means of such an offense.
(b)
All penalties imposed by this section may be sued for by the prosecuting attorney and in the name of the people of the State of Arkansas in any court of this state having competent jurisdiction.
Amended by Act 2023, No. 180,§ 7, eff. 8/1/2023.
Acts 1868, No. 71, §§ 37, 38, p. 290; C. & M. Dig., §§ 8576, 8593; Pope's Dig., §§ 11154, 11171; A.S.A. 1947, §§ 73-1105, 73-1106.
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 23-12-807 - Engineer or conductor intoxicated

If a person is intoxicated while in charge of a locomotive engine running upon any railroad in this state or while acting as the conductor of any cars on any railroad in this state, he or she is guilty of a Class A misdemeanor and shall be punished accordingly.
Amended by Act 2023, No. 180,§ 8, eff. 8/1/2023.
Acts 1868, No. 71, § 36, p. 290; C. & M. Dig., § 8590; Pope's Dig., § 11168; A.S.A. 1947, § 73-1101.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-901 - Legislative intent

It is the intent and purpose of this section and §§
23-12-902
-
23-12-910
and
23-12-912
to reenact those provisions of law relating to railroads which were repealed by Acts 1961, No. 170 [repealed], and to place railroads on an equal basis with other persons, firms, and corporations with respect to comparative negligence.
Acts 1961 (1st Ex. Sess.), No. 61, § 16; A.S.A. 1947, § 73-1102n.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-902 - Liability for injury to persons or property generally

All railroads which are built and operated in whole or in part of this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state.
Acts 1961 (1st Ex. Sess.), No. 61, § 3; A.S.A. 1947, § 73-1001.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-903 - Parties to actions for personal injuries

When any adult person is wounded by railroad trains running in this state, he or she may sue in his or her own name. When the person wounded is a minor, the father, if living, or if the father is not living, then the mother, or if neither parent is living, then the guardian may sue for and recover such damages as the court or jury trying the case may assess.
Acts 1961 (1st Ex. Sess.), No. 61, § 4; A.S.A. 1947, § 73-1003.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-904 - Personal injury, property damage, or death - Contributory negligence no complete defense

In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negligence of the officers, agents, servants, or employees of the railroad causing the injury, damage, or death complained of. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to the contributory negligence.
Acts 1961 (1st Ex. Sess.), No. 61, § 5; A.S.A. 1947, § 73-1004.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-905 - Service of process upon agent of railroad company

Service by process of summons issued by any court under the provisions of this section and §§
23-12-901
-
23-12-904
,
23-12-910
, and
23-12-912
shall be by serving a copy of the summons on any agent of the railroad company sued at any depot house in the county where suit is brought.
Acts 1961 (1st Ex. Sess.), No. 61, § 9; A.S.A. 1947, § 73-1008.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-906 - Levy and sale of railroad property under execution

The property of any railroad company may be levied on and sold under an execution issued on a judgment for damages under this section and §§
23-12-901
-
23-12-905
,
23-12-910
, and
23-12-912
in the same manner and under the same rules governing other judgments at law.
Acts 1961 (1st Ex. Sess.), No. 61, § 10; A.S.A. 1947, § 73-1009.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-907 - Duty of persons running trains to keep lookout - Contributory negligence no bar to recovery of damages

(a)
(1)
It shall be the duty of all persons running trains in this state upon any railroad to keep a constant lookout for all persons, including licensees and trespassers, and property upon the track of any and all railroads.
(2)
If any person or property is killed or injured by the neglect of any employee of any railroad to keep a lookout, the company owning or operating any railroad or its agents, servants, and employees shall be liable and responsible to the person injured for all damages resulting from neglect to keep a lookout.
(b)
(1)
In any action brought for failure to keep a lookout, contributory negligence shall not bar recovery of damages for any injury, property damage, or death where the negligence of the person injured or killed is of a lesser degree than the negligence of the employee or employees in charge of the train of the company.
(2)
In all such actions accruing for negligence resulting in personal injuries or wrongful death or injury to property, the contributory negligence shall not prevent a recovery where any negligence of the person so injured, damaged, or killed is of a lesser degree than any negligence of the person, firm, or corporation causing the damage. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to such contributory negligence.
(c)
The legislative intent of this section is to place railroads upon a parity with all other persons, firms, and corporations in the matter of contributory negligence.
Acts 1891, No. 125, § 1; 1911, No. 284, § 1; C. & M. Dig., § 8568; Pope's Dig., § 11144; repealed by Acts 1961, No. 170, § 4; reen. 1961 (1st Ex. Sess.), No. 62, §§ 1, 3; A.S.A. 1947, §§ 73-1002, 73-1002n.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-908 - Killing or injuring livestock - Notice - Damages recoverable on failure to advertise

(a)
(1)
Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to the killing or wounding to post within one (1) week thereafter, and to keep posted for twenty (20) days thereafter, at the nearest station house and nearest depot house, a true and correct description of the stock which was killed or wounded, giving a true and correct description of the color, marks, brands, and other natural descriptions which may assist in identifying the stock and in giving the time when and place where killed or wounded.
(2)
On the failure to advertise any stock so killed or wounded as provided in subdivision (a)(1) of this section, the owner shall recover double damages for all stock killed and not advertised.
(b)
(1)
The railroad shall pay the owner of the stock within thirty (30) days after notice is served on the railroad by the owner. Failure to do so shall entitle the owner to double the amount of damages awarded him or her by any jury trying the cause, and a reasonable attorney's fee.
(2)
If the owner of the stock killed or wounded brings suit against the railroad after the thirty (30) days have expired and the jury trying the cause gives the owner a lesser amount of damage than he or she sues for, then the owner shall recover only the amount given him or her by the jury and shall not be entitled to recover any attorney's fees.
Acts 1961 (1st Ex. Sess.), No. 61, § 6; A.S.A. 1947, § 73-1005.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-909 - Killing or injuring livestock - Actions

Any person owning in his or her own right or having a special ownership in any horses, mules, cattle, or other stock killed or wounded by any railroad trains running in this state may sue the company running the trains for the damages sustained by the killing or wounding in any court having jurisdiction of the amount of damages in the county where the killing or wounding occurred, at any time within twelve (12) months after the killing or wounding occurred, and recover such damages as the court or jury trying the case may assess.
Acts 1961 (1st Ex. Sess.), No. 61, § 7; A.S.A. 1947, § 73-1006.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-910 - Killing or injuring livestock - Prima facie evidence - Burden of proof

The killing of stock on any railroad track shall be prima facie evidence that it was done by the trains, and the onus to prove the reverse will be on the railroad company.
Acts 1961 (1st Ex. Sess.), No. 61, § 8; A.S.A. 1947, § 73-1007.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-912 - Killing or injuring livestock - Arbitration

(a)
(1)
When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages.
(2)
On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages.
(3)
When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged.
(b)
(1)
On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on failing to do so, the railroad shall pay to the party damaged double the amount of the value of the animal so killed or double the amount of damages awarded on account of the wounding of any animal.
(2)
In all cases where any award has been made by and under the provisions of subsection (a) of this section and the railroad company fails to comply with the award within thirty (30) days, as prescribed in subdivision (b)(1) of this section, the party damaged shall have the right to bring his or her action before any court in the county having competent jurisdiction, where any such stock may have been killed or wounded, for the actual damages he or she may have sustained on account of the killing or wounding of any such stock. The court or jury trying any such cause shall give judgment in favor of the party damaged double the value of the animal so killed or double the amount of damages awarded.
(c)
In case the party injured refuses to abide by the award and fails to recover a greater amount than was awarded, he or she shall pay the railroad a reasonable attorney's fee, to be fixed by the court.
Acts 1961 (1st Ex. Sess.), No. 61, §§ 13, 14; A.S.A. 1947, §§ 73-1012, 73-1013.
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 9 - LIABILITY FOR INJURIES (§§ 23-12-901 — 23-12-913) › Section 23-12-913 - Liability for fires

(a)
All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, companies, or persons or resulting from the negligent operation of any locomotive, engine, machinery, train, car, or other thing used upon the railroad or resulting from, or caused by, the negligence of any employee, agent, or servant of the corporation, company, or person in the discharge of his or her duty as such upon or in the operation of the railroad.
(b)
The owner of any real or personal property which is destroyed or injured in the manner set forth in subsection (a) of this section may recover all such damage to the property by suit in any court, in the county where the damage occurred, having jurisdiction of the amount of the damage.
Acts 1955, No. 320, § 1; A.S.A. 1947, § 73-1015.
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 10 - REGULATION OF RAILROAD CROSSINGS (§§ 23-12-1001 — 23-12-1008) › Section 23-12-1001 - Title

This subchapter may be referred to as the "Railroad Safety and Regulatory Act of 1993".
Acts 1993, No. 726, § 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 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 10 - REGULATION OF RAILROAD CROSSINGS (§§ 23-12-1001 — 23-12-1008) › Section 23-12-1002 - Jurisdiction

The State Highway Commission administers the railroad crossing safety program in Arkansas and has heretofore been designated by the General Assembly as the sole public body to deal with and has been given exclusive jurisdiction concerning the location, construction, improvement, and protection of railroad crossings in Arkansas. It is in the public's interest and safety that uniformity be established in other matters pertaining to the maintenance of railroad crossings and the operation and movement of trains in this state.
Acts 1993, No. 726, § 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 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 10 - REGULATION OF RAILROAD CROSSINGS (§§ 23-12-1001 — 23-12-1008) › Section 23-12-1003 - Maintenance of crossings of public roads and railroads - Failure to comply - Penalties

The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where any public road, highway, or street crosses any railroad.
Acts 1993, No. 726, § 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 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 10 - REGULATION OF RAILROAD CROSSINGS (§§ 23-12-1001 — 23-12-1008) › Section 23-12-1004 - Powers and duties

(a)
The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad employees.
(b)
Pursuant to rules providing for an opportunity of notice and hearing, the commission shall promulgate appropriate rules pertaining to the maintenance of railroad crossings of state, county, city, or municipal streets and highways.
Amended by Act 2019, No. 315,§ 2412, eff. 7/24/2019.
Acts 1993, No. 726, § 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 12 - OPERATION AND MAINTENANCE OF RAILROADS (§§ 23-12-101 — 23-12-1008) › Subchapter 10 - REGULATION OF RAILROAD CROSSINGS (§§ 23-12-1001 — 23-12-1008) › Section 23-12-1006 - Operation and movement of trains - Regulations, penalties, and enforcement

The State Highway Commission is hereby designated as the sole public body to deal with, and is hereby given exclusive jurisdiction over, all matters pertaining to the operation and movement of trains within this state including, but not limited to, the obstruction of any public highway, road, street, or other railroad crossing or public property by a standing train.
Acts 1993, No. 726, § 4.
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 10 - REGULATION OF RAILROAD CROSSINGS (§§ 23-12-1001 — 23-12-1008) › Section 23-12-1007 - Investigations - Rules

(a)
(1)
The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all necessary orders or rules concerning train operation, train movement, permissible standing time for trains, and all other related matters.
(2)
The investigation of crossings shall include, but is not limited to, the reasonable availability or use of other crossings by vehicular or pedestrian traffic, the frequency and necessity of use of the railroad crossing by railroad trains and vehicular and pedestrian traffic, the restriction of emergency and law enforcement vehicles using the crossing, and the hours of frequent use of the crossing.
(3)
In the investigation, the commission shall seek the advice of Arkansas counties, municipalities, railroads operating within this state, and unions representing railroad employees.
(b)
Provided, unless and until the commission by order or rule provides otherwise, it is unlawful for any corporation, company, or person owning or operating any railroad trains in the state to permit a standing train to obstruct any public highway, road, street, or other railroad crossing for more than ten (10) minutes.
Amended by Act 2019, No. 315,§ 2414, eff. 7/24/2019.
Acts 1993, No. 726, § 4.
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 1 - GENERAL PROVISIONS (§§ 23-13-101 — 23-13-105) › Section 23-13-101 - Use of motor carrier safety improvement - Worker status unchanged - Definitions

(a)
As used in this section:
(1)
"Motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate:
(A)
Compliance with traffic safety or motor carrier safety laws;
(B)
Motor vehicle safety;
(C)
The safety of an operator of a motor vehicle; or
(D)
The safety of a third-party public roadway user; and
(2)
"Worker status" means the classification under any state law of a motor vehicle driver who engages in the transportation of property for compensation as an agent, employee, jointly employed employee, borrowed servant, or independent contractor for a motor carrier.
(b)
The deployment, implementation, or use of a motor carrier safety improvement by, or as required by, a motor carrier or its related entity, including by contract, does not, in whole or in part, affect, impact, or change the worker status of a driver.
Added by Act 2019, No. 782,§ 1, eff. 7/24/2019.
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 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-13-101 — 23-13-105) › Section 23-13-102 - Inspection of licensees - Employment of inspectors - Restraining operations

(a)
The Arkansas Department of Transportation shall have the right to employ one (1) or more inspectors as may be needed for the purpose of making inspections of licensees from time to time.
(b)
If any person, firm, or corporation is operating without complying with the provisions of this act, then the Attorney General or any interested party may institute suit in any circuit court where service on the defendant may be had, restraining the further operation of motor vehicles by the person, firm, or corporation until the provisions of this act are complied with.
(c)
Nothing contained in this act shall be construed to relieve any motor vehicle carrier from any rule imposed by law or lawful authority.
Amended by Act 2019, No. 315,§ 2416, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 182, eff. 8/1/2017.
Acts 1927, No. 99, §§ 11, 13; Pope's Dig., § 2029; A.S.A. 1947, §§ 73-1728, 73-1728n.
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 1 - GENERAL PROVISIONS (§§ 23-13-101 — 23-13-105) › Section 23-13-103 - Municipalities may not tax

No city or town shall impose any tax or license upon any motor vehicle carrier licensed under the provisions of this act.
Acts 1929, No. 62, § 9; A.S.A. 1947, § 73-1729.
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 1 - GENERAL PROVISIONS (§§ 23-13-101 — 23-13-105) › Section 23-13-104 - Notice of cancellation or termination of insurance policy on leased motor vehicles

Prior to the cancellation or termination of any liability, cargo, or property and casualty insurance policies issued on leased motor carriers, particularly motor carriers using tractor-trailor rigs, notice of the cancellation or termination shall be mailed or delivered by the insurer to the named insured, to any lienholder or loss payee named in the policy, and to any lessee registered with the insurer.
Acts 1989, No. 646, § 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 23-13-201 - Title

This subchapter may be cited as the "Arkansas Motor Carrier Act, 1955".
Acts 1955, No. 397, § 1; A.S.A. 1947, § 73-1754.
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 23-13-202 - Purpose

It is declared that it is necessary in the public interest to regulate transportation by motor carriers in such manner as to:
(1)
Recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers;
(2)
Promote adequate, economical, and efficient service by motor carriers and reasonable charges therefor, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices;
(3)
Develop and preserve a highway transportation system properly adapted to the needs of the commerce of the State of Arkansas and the national defense; and
(4)
Cooperate with the United States Government, other departments of the State of Arkansas, regulatory bodies of other states and the duly authorized officials thereof, and with any organization of motor carriers in the administration and enforcement of this subchapter.
Acts 1955, No. 397, § 2; A.S.A. 1947, § 73-1755.
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 23-13-204 - Applicability of subchapter

(a)
The provisions of this subchapter, except as specifically limited in this subchapter, shall apply to the transportation of passengers or property by motor carriers over public highways of this state and the procurement of, and provisions of, facilities for such transportation.
(b)
Provided, nothing contained in this subchapter shall be construed to authorize the regulation of intrastate fares for the transportation of passengers by bus by an interstate motor carrier of passengers over any routes authorized by the Interstate Commerce Commission [abolished].
(c)
Provided, further, nothing contained in this subchapter shall be construed to abrogate the laws of this state or any authority of the State Highway Commission with regard to the routing of hazardous materials.
Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756; Acts 1995, No. 746, § 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 23-13-205 - Interstate commerce unaffected by subchapter

Nothing in this subchapter shall be construed to interfere with the exercise by agencies of the United States Government of its power of regulation of interstate commerce.
Acts 1955, No. 397, § 4; A.S.A. 1947, § 73-1757.
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 23-13-207 - Regulation by department

The regulation of the transportation of passengers or property by motor carriers over the public highways of this state, the procurement thereof, and the provisions of facilities is vested in the Arkansas Department of Transportation.
Amended by Act 2017, No. 707,§ 184, eff. 8/1/2017.
Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756.
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 23-13-209 - Mandatory injunction - Requirement that department take jurisdiction

Where the Arkansas Department of Transportation, in respect to any matter arising under this subchapter, has issued a negative order solely because of a supposed lack of power, any party in interest may file a bill of complaint in the Pulaski County Circuit Court. The court, if it determines that the department has the power, may force by writ of mandatory injunction the department to take jurisdiction.
Amended by Act 2017, No. 707,§ 186, eff. 8/1/2017.
Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
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 23-13-210 - Hearings before department

(a)
Any matter arising in the administration of this subchapter concerning which a hearing is required shall be heard by the Arkansas Department of Transportation.
(b)
A decision of the majority of the members of the department shall constitute its decision.
(c)
The department may assign or refer the matter to an employee or board of employees for hearing and written report and recommended order, and the department shall review and may determine the matter upon the record theretofore made.
(d)
All hearings shall be held in the office of the department except that if in the discretion of the department circumstances justify it, hearings may be held at any place in the state.
(e)
The members of the department, the secretary thereof, and employees designated by the department to hold hearings shall have the power to administer oaths and to issue subpoenas requiring the attendance and testimony of witnesses and the production of books, papers, tariffs, contracts, agreements, and documents and to take testimony by deposition, relating to any matter under consideration.
(f)
In connection with any proceedings under this subchapter in which a hearing is required, or is deemed necessary by the department, not less than ten (10) days' notice shall be afforded, except in hearings provided for in §
23-13-224
. Opportunity for intervention by interested parties in connection with any such proceeding shall be afforded.
(g)
(1)
The department or its designated employees are authorized to confer with or hold joint hearings with any authorities of the United States or any state, or any department of the State of Arkansas, in connection with any matter arising in any proceeding under this subchapter.
(2)
This department is also authorized to avail itself of the cooperation, services, records, and facilities of such authorities as fully as may be necessary in the enforcement of any provision of this subchapter.
Amended by Act 2017, No. 707,§ 187, eff. 8/1/2017.
Acts 1955, No. 397, § 7; A.S.A. 1947, § 73-1760.
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 23-13-211 - Appeals - Entitlement

Any final order made under this subchapter is subject to the same right of appeal by any party to the proceedings as is provided by §
23-2-425
, in respect to appeals from the order of the Arkansas Department of Transportation.
Amended by Act 2017, No. 707,§ 188, eff. 8/1/2017.
Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
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 23-13-212 - Appeals - Notice

Upon the filing of a motion for appeal, the Arkansas Department of Transportation shall forthwith serve notice of the appeal upon all parties to the proceeding appealed from.
Amended by Act 2017, No. 707,§ 189, eff. 8/1/2017.
Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
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 23-13-213 - Appeals - Stay of operating authority pending appeal

If the party appealing desires to stay the beginning of the operating authority granted by the Arkansas Department of Transportation, the party shall file with the motion for appeal a bond, with surety thereon approved by the Pulaski County Circuit Court. The bond shall be conditioned that the appealing party will pay to the party in whose favor the order appealed from operates all damages which the party may suffer by reason of the stay of operation under the order in the event the orders shall be affirmed or sustained upon final adjudication. The operating authority granted by the department shall be stayed until the matter has been finally adjudicated.
Amended by Act 2017, No. 707,§ 190, eff. 8/1/2017.
Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
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 23-13-214 - Appeals - Transcripts

(a)
Where any appeal is taken, as provided in §§
23-13-211
-
23-13-215
or by other statutes with regard to appeals from orders of the Arkansas Department of Transportation, the secretary of the department shall cause to be prepared, for use on the appeal, an accurate and true copy of the record of proceedings before the department, which shall contain only such portions of the record as shall be designated by the person taking such appeal in the notice of appeal filed.
(b)
Thereupon, the secretary of the department shall certify the transcript as a true and accurate copy of the record of proceedings on appeal from the department.
(c)
The transcript shall be prepared in conformity with the rules of the Supreme Court and of the Pulaski County Circuit Court regarding the filing of transcripts in civil cases, and the original record of proceedings before the department shall remain on file with the department.
(d)
When there are designated for inclusion in the transcript of the record exhibits which, because of their form, nature, or bulk, cannot be conveniently copied, then the department may order, upon proper application made by the party taking the appeal, that the original exhibits be appended to the secretary's transcript of the record. The exhibits may be removed from the offices of the department for the purpose of filing with the transcript on appeal.
(e)
(1)
The party filing a motion for an appeal shall pay to the secretary of the department the amount of the cost of preparing the transcript of the proceedings before the transcript is deposited with the clerk of the Pulaski County Circuit Court.
(2)
All fees received by the department in payment for the preparation of transcripts of proceedings under this subchapter shall be computed at the rate of fifty cents (50¢) for each sheet and shall be paid into the State Treasury by the department to the account of the fund from which appropriations are made for the support of the department.
Amended by Act 2017, No. 707,§ 191, eff. 8/1/2017.
Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
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 23-13-215 - Appeals - Filing fees

The secretary of the Arkansas Department of Transportation shall immediately notify the party filing the motion for appeal the date of the deposit of the transcript with the clerk of the Pulaski County Circuit Court. Within ten (10) days from the date of the deposit of the transcript, the party shall pay to the clerk of the court the required filing fee.
Amended by Act 2017, No. 707,§ 192, eff. 8/1/2017.
Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
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 23-13-216 - Agent for service of process, notices, or orders

(a)
(1)
It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be made under this subchapter. The designation may from time to time be changed by like writing similarly filed.
(2)
Service of process or orders in proceedings under this subchapter shall be made upon a carrier by personal service upon the person so designated by it or by registered mail addressed to the designated person at the address filed.
(b)
(1)
Service of notices of hearings shall be by United States mail and publication one (1) time in a newspaper of general circulation in Pulaski County.
(2)
In default of designation of an agent for service of process, service of any notice or order may be made by posting in the office of the secretary of the department.
(c)
Whenever notice is given by mail as provided in this section, the date of mailing shall be considered as the time when notice is served.
Amended by Act 2017, No. 707,§ 193, eff. 8/1/2017.
Acts 1955, No. 397, § 21; A.S.A. 1947, § 73-1774.
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 23-13-218 - Certificate of public convenience and necessity - Requirement

No common carrier by motor vehicle subject to the provisions of this subchapter shall engage in any operation on any public highway in this state unless there is in force with respect to such a carrier a certificate of public convenience and necessity issued by the Arkansas Department of Transportation authorizing such an operation.
Amended by Act 2017, No. 707,§ 194, eff. 8/1/2017.
Acts 1955, No. 397, § 8; A.S.A. 1947, § 73-1761.
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 23-13-219 - Certificate of public convenience and necessity - Application and fees

(a)
Applications for certificates of public convenience and necessity shall be made in writing to the Arkansas Department of Transportation, be verified under oath, shall be in such form, contain such information, and be accompanied by proof of service upon such interested parties as the department by rule shall require.
(b)
Every application shall be accompanied by 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,§ 2422, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 195, eff. 8/1/2017.
Acts 1955, No. 397, § 8; 1983, No. 565, § 2; A.S.A. 1947, § 73-1761.
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 23-13-220 - Certificate of public convenience and necessity - Issuance - Notice and hearing

(a)
(1)
Subject to the provisions of this subchapter, a certificate of public convenience and necessity shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is fit, 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 Arkansas Department of Transportation thereunder, and that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future public convenience and necessity; otherwise the application shall be denied. The burden of proof shall be upon the applicant.
(2)
However, no such certificate shall be issued to any common carrier of passengers by motor vehicle for operations over other than regular routes, and between fixed termini, except as the carrier may be authorized to engage in special or charter operations.
(b)
No certificate shall be issued by the department except upon a hearing held at least twenty (20) days after the service of notice to interested parties of its time and place.
(c)
In granting applications for certificates, 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;
(4)
The effect which such proposed transportation service may have upon other forms of transportation service; and
(5)
Any other matters tending to show the necessity or want of necessity for granting the application.
Amended by Act 2019, No. 315,§ 2423, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 196, eff. 8/1/2017.
Acts 1955, No. 397, § 9; A.S.A. 1947, § 73-1762.