reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-250 - Contract carriers - Schedule of minimum rates and charges, rules and practices - Establishment by department

(a)
Whenever, after hearing, upon complaint or upon its own initiative, the Arkansas Department of Transportation finds that any minimum rate or charge of any contract carrier by motor vehicle, that any rule or practice of any such carrier affecting the minimum rate or charge, or that the value of the service thereunder for the transportation of passengers or property or in connection therewith contravenes the transportation policy declared in this subchapter, or is in contravention of any provision of this subchapter, the department may prescribe such just and reasonable minimum rates, charges, rules, or practices as in its judgment may be necessary or desirable in the public interest and desirable to promote the policy and will not be in contravention of any provision of this subchapter.
(b)
The minimum rate or charge, or such rule or practice so prescribed by the department, shall give no advantage or preference to any carrier in competition with any common carrier by motor vehicle subject to this subchapter, which the department may find to be undue or inconsistent with the public interest and the transportation policy declared in this subchapter.
(c)
The department shall give due consideration to the cost of services rendered by contract carriers and to the effect of the minimum rate or charge, or such rule or practice, upon the movement of traffic by such carriers.
Amended by Act 2019, No. 315,§ 2444, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 219, eff. 8/1/2017.
Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-251 - Collection of rates and charges

(a)
A common carrier by motor vehicle shall not deliver or relinquish possession at destination of any freight transported by it until all tariff rates and charges thereon have been paid except under such rules as the Arkansas Department of Transportation from time to time may prescribe to govern the settlement of all such rates and charges, including rules for weekly or monthly settlement and those to prevent unjust discrimination or undue preference or prejudice.
(b)
However, the provisions of this section shall not be construed to prohibit any such carrier from extending credit in connection with rates and charges on freight transported to the United States, for any department, bureau, or agency thereof, for any state or territory, or political subdivision thereof, or for the District of Columbia.
Amended by Act 2019, No. 315,§ 2445, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 220, eff. 8/1/2017.
Acts 1955, No. 397, § 23; A.S.A. 1947, § 73-1776.
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 23-13-252 - Receipts or bills of lading

(a)
Every carrier of property by motor vehicle subject to the provisions of this subchapter which receives property for transportation within this state shall issue a receipt or bill of lading therefor.
(b)
The form of the receipt or bill of lading shall be prescribed by the Arkansas Department of Transportation and shall conform as nearly as may be consistent with the public interest to the receipt or bill of lading prescribed for interstate carriers of property under the Interstate Commerce Act [repealed], as amended.
(c)
The rights and liabilities of the shippers, consignors, consignees, and carriers, whether originating carriers, intermediate carriers, or delivering carriers, shall be those defined by Section 20, Subsection 11 of Part I of the Interstate Commerce Act [repealed], as amended.
Acts 1955, No. 397, § 19; A.S.A. 1947, § 73-1772.
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 23-13-255 - Access to property, equipment, and records

The Arkansas Department of Transportation or its duly authorized agents at all times shall have access to all lands, buildings, or equipment of motor carriers and private carriers used in connection with their operation and also to all pertinent accounts, records, documents, and memoranda kept or required to be kept by motor carriers and private carriers.
Acts 1955, No. 397, § 20; A.S.A. 1947, § 73-1773; Acts 1991, No. 297, § 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 23-13-256 - Identification of equipment

It shall be unlawful for any common or contract carrier by motor vehicle to operate any vehicle upon the highways of this state unless there is painted, or otherwise firmly affixed, to the vehicle on both sides thereof, the name of the carrier and the certificate or permit number of the carrier. The characters composing the identification shall be of sufficient size to be clearly distinguishable at a distance of at least fifty feet (50') from the vehicle.
Acts 1955, No. 397, § 24; A.S.A. 1947, § 73-1777.
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 23-13-257 - Violations by carriers, shippers, brokers, etc., or employees, agents, etc. - Penalties

Any person, whether a carrier, shipper, consignee, or broker, or any officer, employee, agent, or representative thereof who shall knowingly offer, grant, or give or solicit, accept, or receive any rebate, concession, or discrimination in violation of any provision of this subchapter; who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device shall knowingly assist, suffer, or permit any persons, natural or artificial, to obtain transportation of passengers or property subject to this subchapter for less than the applicable fare, rate, or charge; who shall knowingly by any such means or otherwise fraudulently seek to evade or defeat rules as in this subchapter is provided for motor carriers or brokers; or who shall violate any of the rules, including safety rules, prescribed or hereafter prescribed by the State Highway Commission pursuant to the provisions of Title 23 of this Code, shall be guilty of a violation. Upon conviction, that person, unless otherwise provided in this chapter, shall be fined not more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for any subsequent offense.
Amended by Act 2019, No. 315,§ 2446, eff. 7/24/2019.
Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775; Acts 1993, No. 1023, § 1; 2005, No. 1994, § 455.
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 23-13-258 - Operation of motor vehicle while in possession of, consuming, or under influence of any controlled substance or intoxicating liquor prohibited - Definition

(a)
(1)
Any person operating or being in physical control of a motor vehicle, which motor vehicle is susceptible at the time of such operation or physical control to any rules of the State Highway Commission regarding the safety of operation and equipment of that motor vehicle, who commits any of the following acts shall be guilty of a violation and upon conviction for the first offense shall be subject to a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000):
(A)
Operating or being in physical control of such a motor vehicle if he or she possesses, is under the influence of, or is using any controlled substance;
(B)
Operating or being in physical control of such a motor vehicle if he or she possesses, is under the influence of, or is using any other substance that renders him or her incapable of safely operating a motor vehicle; or
(C)
(i)
Consumption of or possession of an intoxicating liquor, regardless of its alcoholic content, or being under the influence of an intoxicating liquor while in physical control of such a motor vehicle.
(ii)
However, no person shall be considered in possession of an intoxicating liquor solely on the basis that an intoxicating liquor or beverage is manifested and being transported as part of a shipment.
(2)
Upon the second and subsequent convictions, that person shall be subject to a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(b)
As used in this section, "controlled substance" shall have the same meaning ascribed to that term in the Uniform Controlled Substances Act, §
5-64-101
et seq., and the rules issued pursuant to the Uniform Controlled Substances Act, §
5-64-101
et seq.
(c)
This section does not abrogate any of the provisions of the Omnibus DWI or BWI Act, §
5-65-101
et seq., and any person violating subsection (a) of this section who may be charged with a violation of the Omnibus DWI or BWI Act, §
5-65-101
et seq., shall be charged with a violation of the Omnibus DWI or BWI Act, §
5-65-101
et seq., rather than with a violation of this section.
Amended by Act 2019, No. 315,§ 2447, eff. 7/24/2019.
Amended by Act 2015, No. 299,§ 32, eff. 7/22/2015.
Acts 1955, No. 397, § 22; 1971, No. 532, § 1; A.S.A. 1947, § 73-1775; Acts 1993, No. 1022, § 1; 2005, No. 1994, § 149.
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 23-13-259 - Lessor to unauthorized persons deemed motor carrier

Any person who, by lease or otherwise, permits the use of a motor vehicle by other than a carrier holding authority from the Arkansas Department of Transportation and who furnishes in connection therewith a driver, either directly or indirectly, or in any manner whatsoever exercises any control, or assumes any responsibility over the operation of the vehicle, during the period of the lease or other device, shall be deemed a motor carrier.
Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
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 23-13-260 - Violations of subchapter - Jurisdiction of cases

The several circuit, justice of the peace, and district courts of this state shall have jurisdiction in cases involving alleged violations of this subchapter.
Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
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 23-13-261 - Injunction against violation of subchapter, rules, etc., or terms and conditions of certificate, permit, or license

If any motor carrier or broker operates in violation of any provision of this subchapter, except as to the reasonableness of rates, fares, or charges, and the discriminatory character thereof, or any rule, requirement, or order thereunder, or of any term or condition of any certificate, permit, or license, the Arkansas Department of Transportation or its duly authorized agent may apply to the Pulaski County Circuit Court or to any circuit court of the State of Arkansas where the motor carrier operates for the enforcement of the provision of this subchapter, or of the rule, requirement, order, term, or condition, and enjoining upon it or them obedience thereto.
Amended by Act 2019, No. 315,§ 2448, eff. 7/24/2019.
Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
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 23-13-262 - Actions to recover penalties

(a)
An action to recover a penalty under §§
23-13-234
and
23-13-257
-
23-13-264
or to enforce the powers of the Arkansas Department of Transportation under this subchapter or any other law may be brought in any circuit court in this state in the name of the State of Arkansas, on relation to the department, and shall be commenced and prosecuted to final judgment by the counsel to the department.
(b)
In any such action, all penalties incurred up to the time of commencing the action may be sued for and recovered therein.
(c)
The commencement of an action to recover a penalty shall not be or be held to be a waiver of the right to recover any other penalty.
Acts 1955, No. 397, § 22; 1983, No. 565, § 5; A.S.A. 1947, § 73-1775; Acts 2003, No. 1117, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 2 - MOTOR CARRIER ACT (§§ 23-13-201 — 23-13-265) › Section 23-13-263 - Lien declared to secure payment of fines and penalties

To secure the payment of the fines and penalties provided for in this subchapter, a lien is declared and established upon the property of any person who has violated the provisions hereof and upon the property of any motor carrier whose agent, servant, or employee has violated the provisions of this subchapter.
Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
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 23-13-264 - Disposition of forfeited bonds and fines

One-half (1/2) of the amount of forfeited bonds and one-half (1/2) of the fines collected for violations of this subchapter shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration on a form provided by that office for deposit into the General Revenue Fund Account of the State Apportionment Fund.
Acts 1955, No. 397, § 22; 1983, No. 565, § 6; A.S.A. 1947, § 73-1775; Acts 2005, No. 1934, § 15.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Department" means the Arkansas Department of Transportation;
(2)
"Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus, or other self-propelled or motor-driven vehicle used upon any of the public highways of the state for the purpose of transporting persons or property; and
(3)
"Person" means and includes any individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers.
Acts 1939, No. 315, §§ 1-4; A.S.A. 1947, §§ 73-1730 -- 73-1733.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-302 - Authority of department

The Arkansas Department of Transportation may, in all matters within its jurisdiction, issue subpoenas, subpoenas duces tecum, and all necessary process in proceedings pending before the department; may administer oaths, examine witnesses, compel the production of records, books, papers, files, documents, contracts, correspondence, agreements, or accounts necessary for any investigation being conducted; and may certify official acts.
Amended by Act 2017, No. 707,§ 221, eff. 8/1/2017.
Acts 1939, No. 315, § 7; A.S.A. 1947, § 73-1736.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-303 - Commencement of action before department

(a)
Upon any complaint in writing being made by any person, or by the Arkansas Department of Transportation on its own motion, setting forth any act or thing done or omitted to be done by any person in violation, or claimed violation, of any provision of §
23-13-102
or of any order or rule of the department, the department shall enter the complaint upon its docket.
(b)
(1)
The department shall immediately serve a copy of the complaint upon each defendant, together with a notice directed to each defendant requiring that the matter complained of be answered in writing within ten (10) days of the date of service of the notice.
(2)
However, the department in its discretion may require particular cases to be answered within a shorter time, and the department for good cause shown may extend the time in which an answer may be filed.
Amended by Act 2017, No. 707,§ 222, eff. 8/1/2017.
Acts 1939, No. 315, § 5; A.S.A. 1947, § 73-1734.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-304 - Service of process and notices

(a)
All process issued by the Arkansas Department of Transportation shall extend to all parts of the state.
(b)
Any process, together with the services of all notices issued by the department, as well as copies of complaints, rules, and orders of the department, may be served by a member of the Division of Arkansas State Police or any person authorized to serve process issued out of courts of law or by registered mail as the department may direct.
(c)
In the event any process is directed to any nonresident who is authorized to do business in this state, the process may be served upon the agent designated by the nonresident for the service of process, and service upon the agent shall be as sufficient and as effective as if served upon the person himself or herself.
Amended by Act 2019, No. 315,§ 2451, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 223, eff. 8/1/2017.
Acts 1939, No. 315, §§ 10, 11; A.S.A. 1947, §§ 73-1739, 73-1740.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-305 - Time and place of hearing

Upon the filing of the answer provided for in §
23-13-303
, the Arkansas Department of Transportation shall set a time and place for the hearing. Notice of the time and place of the hearing shall be served not less than ten (10) days before the time set therefor unless the department finds that public necessity requires the hearing at an earlier date.
Amended by Act 2017, No. 707,§ 224, eff. 8/1/2017.
Acts 1939, No. 315, § 6; A.S.A. 1947, § 73-1735.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-306 - Findings and order of department - Time for taking effect

(a)
(1)
After the conclusion of any hearing, the Arkansas Department of Transportation within sixty (60) days shall make and file its findings and order, with its opinion, if any.
(2)
Its findings shall be in sufficient detail to enable any court in which any action of the department is involved to determine the controverted questions presented by the proceeding.
(b)
A copy of the order certified under the seal of the department shall be served upon the person against whom it runs or his or her attorney, and notice thereof shall be given to the other parties to the proceedings or their attorneys.
(c)
(1)
The order shall take effect and become operative within fifteen (15) days after the service thereof unless otherwise provided.
(2)
If, in the judgment of the department, an order cannot be complied with within fifteen (15) days, the department may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order. On application and for good cause shown, it may extend the time for compliance fixed in the order.
Amended by Act 2017, No. 707,§ 225, eff. 8/1/2017.
Acts 1939, No. 315, § 12; A.S.A. 1947, § 73-1741.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-307 - Revocation of license, permit, or certificate

(a)
In the event the Arkansas Department of Transportation finds that the defendant is guilty upon any complaint filed and proceeding had, and that the provisions of §
23-13-102
or the rules or orders of the department have been willfully and knowingly violated and that a motor vehicle was used in the violation, the department shall forthwith deliver a certified copy of its findings and order to the Secretary of the Department of Finance and Administration.
(b)
It shall be the duty of the secretary to forthwith revoke and take up the license plates issued upon any vehicles used in the violations. This penalty shall apply to the vehicles used in the violation regardless of whether the vehicle was being used by the violator by reason of special ownership, ownership, lease, or otherwise.
(c)
In addition to the penalty set forth in subsection (b) of this section, if the violator holds a permit or certificate issued by the department authorizing it to engage in the transportation of persons or property for hire, then the permit or certificate may also be revoked by the department.
Amended by Act 2019, No. 315,§ 2452, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3507, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 226, eff. 8/1/2017.
Acts 1939, No. 315, § 13; A.S.A. 1947, § 73-1742.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-308 - Appeal to Pulaski County Circuit Court

Any person aggrieved by any findings and order of the Arkansas Department of Transportation may appeal to the Pulaski County Circuit Court in the way and manner provided for appeals from the department.
Amended by Act 2017, No. 707,§ 227, eff. 8/1/2017.
Acts 1939, No. 315, § 14; A.S.A. 1947, § 73-1743.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-309 - Order or subpoena of department enforceable upon application to court

In case of failure on the part of any person to comply with any lawful order of the Arkansas Department of Transportation, or with any subpoena or subpoena duces tecum, or to testify concerning any matter on which he or she may be lawfully interrogated, any court of record of general jurisdiction or a judge thereof upon application of the department may compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court, or of the refusal to testify therein.
Amended by Act 2017, No. 707,§ 228, eff. 8/1/2017.
Acts 1939, No. 315, § 8; A.S.A. 1947, § 73-1737.
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 3 - COMPLAINT PROCEEDINGS (§§ 23-13-301 — 23-13-310) › Section 23-13-310 - Witness fees and costs

(a)
Witnesses who are summoned before the Arkansas Department of Transportation shall be paid the same fees and mileage as are paid to witnesses in courts of record.
(b)
Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees for mileage of all his or her witnesses.
Amended by Act 2017, No. 707,§ 229, eff. 8/1/2017.
Acts 1939, No. 315, § 9; A.S.A. 1947, § 73-1738.
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 6 - REGISTRATION OF MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE (§§ 23-13-601 — 23-13-605) › Section 23-13-601 - Definitions

As used in this subchapter:
(1)
"Broker" means a person other than a motor carrier or an employee or agent of a motor carrier that as a principal or an agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for transportation by motor carrier for compensation;
(2)
"Commercial motor vehicle" means a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo if the vehicle:
(A)
Has a gross vehicle weight rating or gross vehicle weight of at least ten thousand one pounds (10,001 lbs.), whichever is greater;
(B)
Is designed to transport more than ten (10) passengers including the driver; or
(C)
Is used in transporting material found by the United States Secretary of Transportation to be hazardous under
49 U.S.C. § 5103
, as it existed on January 1, 2007, and transported in a quantity requiring placarding under regulations prescribed by the secretary under
49 U.S.C. § 5103
, as it existed on January 1, 2007;
(3)
"Freight forwarder" means a person holding itself out to the general public other than as a pipeline, rail, motor, or water carrier to provide transportation of property for compensation and in the ordinary course of its business:
(A)
Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B)
Assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C)
(i)
Uses for any part of the transportation a carrier subject to jurisdiction under
49 U.S.C. § 10101
et seq., as it existed on January 1, 2007.
(ii)
"Freight forwarder" does not include a person using transportation of an air carrier subject to
49 U.S.C. § 40101
et seq., as it existed on January 1, 2007;
(4)
"Leasing company" means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder;
(5)
"Motor carrier" means a person providing commercial motor vehicle transportation for compensation; and
(6)
"Motor private carrier" means a person other than a motor carrier transporting property by commercial motor vehicle when:
(A)
The transportation is interstate commerce as provided in
49 U.S.C. § 13501
, as it existed on January 1, 2007;
(B)
The person is the owner, lessee, or bailee of the property being transported; and
(C)
The property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
Acts 2007, No. 232, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 6 - REGISTRATION OF MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE (§§ 23-13-601 — 23-13-605) › Section 23-13-602 - Registration with a base state required

Foreign and domestic motor carriers, motor private carriers, leasing companies, brokers, and freight forwarders shall not operate in interstate commerce in this state without:
(1)
Being registered with a base state; and
(2)
Paying all fees as required under the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq.
Acts 2007, No. 232, § 2; 2009, No. 164, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 13 - MOTOR CARRIERS (§§ 23-13-101 — 23-13-802) › Subchapter 6 - REGISTRATION OF MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE (§§ 23-13-601 — 23-13-605) › Section 23-13-603 - Implementation and administration duties

(a)
The Secretary of the Department of Finance and Administration has oversight over the implementation and administration of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq.
(b)
The secretary is vested with the following powers and has the following duties:
(1)
To promulgate such regulations as are necessary to participate in the Unified Carrier Registration Agreement;
(2)
To collect and remit such fees as determined by the Unified Carrier Registration Plan Board of Directors;
(3)
To cooperate with the various law enforcement agencies to ensure compliance with and enforcement of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and regulations; and
(4)
To do all things necessary, pursuant to the state and federal law, to enable this state to participate in the Unified Carrier Registration Agreement.
Amended by Act 2019, No. 910,§ 3509, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3508, eff. 7/1/2019.
Acts 2007, No. 232, § 2; 2009, No. 164, § 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 6 - REGISTRATION OF MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE (§§ 23-13-601 — 23-13-605) › Section 23-13-604 - Registration fees

(a)
Any fees collected by the Secretary of the Department of Finance and Administration under this section shall be classified as special revenues and shall be deposited into the State Treasury.
(b)
Upon receipt of the funds and if not prohibited by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., the Treasurer of State shall:
(1)
Deduct three percent (3%) of the funds as a charge by the state for its services as specified in this section; and
(2)
Credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund, as defined in the Revenue Classification Law, §
19-6-101
et seq., or to any successor State Treasury fund or funds established by law to replace the Constitutional Officers Fund and the State Central Services Fund.
(c)
The net amount of the fees collected by the secretary under this section shall be:
(1)
Transferred by the Treasurer of State on the last business day of each month to the State Highway and Transportation Department Fund; and
(2)
Distributed and expended in the manner directed by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., for the payment of expenses incurred by the Arkansas Department of Transportation for motor carrier law enforcement and safety operations.
Amended by Act 2019, No. 910,§ 3511, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3510, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 230, eff. 8/1/2017.
Acts 2007, No. 232, § 2; 2009, No. 164, § 5.
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 6 - REGISTRATION OF MOTOR CARRIERS ENGAGED IN INTERSTATE COMMERCE (§§ 23-13-601 — 23-13-605) › Section 23-13-605 - Violation - Enforcement - Penalties

(a)
(1)
A person who is subject to the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and who uses the highways of this state without first registering in accordance with this subchapter is guilty of a violation.
(2)
The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and local authorities may enforce this subsection.
(b)
A person who is found guilty or enters a plea of guilty or nolo contendere under this section shall be ordered to pay a fine of:
(1)
For a first offense, not less than one hundred dollars ($100) or more than five hundred dollars ($500); and
(2)
For a second or subsequent offense, not less than one hundred dollars ($100) or more than one thousand dollars ($1,000).
(c)
(1)
Fifty percent (50%) of the amount of the fines imposed and collected under this section shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Division of Administrative Services for deposit into the General Revenue Fund Account of the State Apportionment Fund.
(2)
Fifty percent (50%) of the amount of the fines imposed and collected under this section shall remain in the jurisdiction in which the violation occurred.
Amended by Act 2017, No. 707,§ 231, eff. 8/1/2017.
Acts 2007, No. 232, § 2; 2009, No. 164, § 6.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-701 - Title

This subchapter shall be known and may be cited as the "Transportation Network Company Services Act".
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-702 - Definitions

As used in this subchapter:
(1)
"Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers;
(2)
"Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is:
(A)
Owned, leased, or otherwise authorized for use by the transportation network company driver; and
(B)
Not a taxicab, limousine, or for-hire vehicle;
(3)
(A)
"Prearranged ride" or "transportation network services" means the provision of transportation by a transportation network company driver to a rider, beginning when a transportation network company driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle.
(B)
"Prearranged ride" or "transportation network services" does not include transportation provided using a:
(i)
Taxicab service as defined in §
14-57-301
et seq.;
(ii)
Motor carrier service under the Arkansas Motor Carrier Act, 1955, §
23-13-201
et seq.; or
(iii)
Street hail service;
(4)
(A)
"Transportation network company" means a corporation, partnership, sole proprietorship, or other entity licensed under this subchapter and operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides.
(B)
"Transportation network company" does not include a company that controls, directs, or manages the personal vehicles or transportation network company drivers that connect to the company's digital network, except when agreed to by written contract;
(5)
"Transportation network company driver" means an individual who:
(A)
Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and
(B)
Uses a personal vehicle to provide services for riders matched through a digital network controlled by a transportation network company; and
(6)
"Transportation network company rider" or "rider" means an individual or a person who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to a rider in the driver's personal vehicle between points chosen by the rider.
Amended by Act 2015, No. 1267,§ 1, eff. 7/22/2015.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-703 - Commercial vehicle registration not required

A transportation network company driver:
(1)
Is not required to register the motor vehicle used for transportation network company services as a commercial or for-hire motor vehicle; and
(2)
May conduct transportation network company services with a standard, noncommercial driver's license and is not required to obtain a "P" endorsement or any other endorsement on the transportation network company driver's license.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-704 - Transportation network company permit required

(a)
An individual or entity shall not operate a transportation network company in this state without first having obtained a permit to operate a transportation network company from the Arkansas Public Service Commission.
(b)
The commission shall:
(1)
Issue forms for a transportation network company to demonstrate that it meets all requirements of this subchapter to obtain a permit; and
(2)
Issue a transportation network company permit to an applicant that:
(A)
Meets all qualifications of this subchapter; and
(B)
Pays an annual permit fee of fifteen thousand dollars ($15,000) to the commission.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-705 - Agent for service of process

A transportation network company shall maintain an agent for service of process under the Model Registered Agents Act, §
4-20-101
et seq.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-706 - Fare charged for transportation network company services

(a)
A transportation network company may charge a fare for transportation network company services.
(b)
If a fare is charged, the transportation network company shall disclose to passengers on the transportation network company's website, digital network, or within its software application:
(1)
The fare calculation method for transportation network company services;
(2)
Applicable rates charged for transportation network company services; and
(3)
The option to receive an estimated fare before the passenger enters the transportation network company driver's motor vehicle.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-707 - Identification of transportation network company drivers and motor vehicles

Before a passenger enters the transportation network company driver's motor vehicle, the transportation network company website, digital network, or software application used by the transportation network company to arrange the transportation network company service shall display:
(1)
A picture of the transportation network company driver; and
(2)
The license plate number of the motor vehicle the transportation network company driver will use to provide the transportation network company service.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-708 - Electronic receipt

Within a reasonable time after transportation network company services end, a transportation network company shall transmit an electronic receipt to the passenger that lists:
(1)
The origin and destination of the trip;
(2)
The total time and distance of the trip; and
(3)
An itemization of the total fare paid, if any.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-710 - Insurer disclosure requirements

Before a transportation network company driver is allowed to accept a request for transportation network company services on the transportation network company's website, digital network, or software application, the transportation network company shall disclose in writing to the transportation network company drivers:
(1)
The motor vehicle liability insurance coverage and limits of liability that the transportation network company provides while the transportation network company driver uses a personal motor vehicle in connection with a transportation network company's website, digital network, or software application; and
(2)
That the transportation network company driver's own motor vehicle liability insurance policy may not provide coverage while the transportation network company driver uses a motor vehicle for transportation network company services.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
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 7 - TRANSPORTATION NETWORK COMPANY SERVICES ACT (§§ 23-13-701 — 23-13-722) › Section 23-13-711 - Exclusions - Claim investigations

(a)
(1)
A private passenger motor vehicle liability insurance policy may exclude coverage against all loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of a motor vehicle:
(A)
While the motor vehicle is being used to provide transportation network company services; and
(B)
While a transportation network company driver is logged on to the transportation network company's website, digital network, or software application.
(2)
An exclusion of coverage under subdivision (a)(1) of this section may apply to any coverage included in a private passenger motor vehicle liability insurance policy, including without limitation:
(A)
Liability coverage for bodily injury and property damage;
(B)
Uninsured and underinsured motorist coverage;
(C)
Medical payments coverage;
(D)
Comprehensive physical damage coverage;
(E)
Collision physical damage coverage; and
(F)
Coverage under §
23-89-202
.
(b)
A private passenger motor vehicle liability insurer that properly excludes coverage under subsection (a) of this section does not have a duty to defend or indemnify a loss.
(c)
The failure to pay or receive a suggested donation set by a transportation network company does not constitute the charitable carrying or transportation of persons.
(d)
In a claims coverage investigation, a transportation network company and its insurer shall:
(1)
Cooperate with the private passenger motor vehicle liability insurer that insures the motor vehicle that the transportation company network driver uses to provide transportation network company services; and
(2)
Within ten (10) business days of receiving a request for information from a private passenger motor vehicle liability insurer, provide to the private passenger motor vehicle liability insurer information, including the precise times that a transportation network company driver logged on and off of the transportation network company's website, digital network, or software application within the twenty-four (24) hours immediately preceding the accident being investigated.
Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.