Arkansas Code Title 23, Subtitle 1, Chapter 10, Subchapter 4 - Freight -- Railroads

• § 23-10-401 - Definition for §§ 23-10-432 -- 23-10-437 and 23-12-605.
  As used in §§ 23-10-432 -- 23-10-437 and 23-12-605, unless the context otherwise requires, "shipper" means any person, firm, or corporation tendering freight for...
• § 23-10-402 - Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431.
  As used in §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431, unless the context otherwise requires, "railroad company", "railroad companies", or "carrier" means all...
• § 23-10-403 - Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 -- 23-10-431.
  Sections 23-10-402, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are...
• § 23-10-404 - Remedies in §§ 23-10-438 -- 23-10-440 Cumulative.
  The remedies given by §§ 23-10-438 -- 23-10-440 shall be regarded as cumulative, and §§ 23-10-438 -- 23-10-440 shall not be construed as repealing...
• § 23-10-405 - Remedies in §§ 23-10-406, 23-10-409 -- 23-10-431 Cumulative.
  The remedies given by §§ 23-10-406 and 23-10-409 -- 23-10-431 shall be regarded as cumulative, and §§ 23-10-406 and 23-10-409 -- 23-10-431 shall not...
• § 23-10-406 - Penalties for Violations of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 -- 23-10-431, or Rules of Department -- Actions to Recover.
  (a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of...
• § 23-10-407 - Reasonable Rules for Transportation of Freight Permitted.
  (a) It shall be lawful for railroads to prescribe rules and regulations for the transportation of merchandise, livestock, and other freight that are reasonable...
• § 23-10-408 - Contracts or Rules Abridging Liability of Railroad Void.
  (a) It shall be unlawful for any railroad or any of its agents or employees to enter into an agreement or contract with any...
• § 23-10-409 - Free or Reduced Rate Transportation Permitted.
  Nothing in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-410 -- 23-10-431 shall be so construed as to prohibit any person or...
• § 23-10-410 - Discrimination As to Freight Prohibited -- Pooling, Rebates, Etc., Prohibited.
  (a) It shall be unlawful for any railroad company or its officers or agents to discriminate between persons, firms, corporations, or places in storage,...
• § 23-10-411 - Forwarding Freight Over Connecting Lines -- Preferences Prohibited -- Exceptions.
  (a) Every person, company, or corporation operating any railroad in this state which connects with any other railroad in this state and which forms...
• § 23-10-412 - Demurrage Charges Generally.
  All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be...
• § 23-10-413 - Duty to Furnish Cars to Shipper.
  (a) (1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any...
• § 23-10-414 - Duty to Furnish Cars -- Interstate Railroads.
  Interstate railroads shall furnish cars upon application for interstate shipments the same in all respects as other cars are to be furnished by intrastate...
• § 23-10-415 - Duty to Exchange and Return Cars.
  (a) (1) It shall be the duty of every railroad company in this state to exchange loaded and empty cars in the transportation of...
• § 23-10-416 - Loading of Cars Generally.
  (a) (1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the...
• § 23-10-417 - Cars Detained for Fault of Shipper -- Demurrage Charges.
  (a) (1) Cars detained or held at the point of shipment for want of proper shipping instructions or by reason of imperfect or excessive...
• § 23-10-418 - Receipt and Transport of Freight -- Time Restraints.
  (a) When freight in carloads or less is tendered to a railroad company and correct shipping instructions are given, the railroad agent must immediately...
• § 23-10-419 - Delivery of Freight.
  (a) Railroad companies shall deliver freight at their depots or warehouses or, in cases of shipments for track delivery, shall place loaded cars at...
• § 23-10-420 - Notice to Consignee of Arrival of Freight -- Penalty for Failure to Give.
  (a) (1) Within twenty-four (24) hours after the arrival of a shipment, railroad companies shall give notice by mail or otherwise to the consignee...
• § 23-10-421 - Notice of Arrival of Freight -- Free Time.
  (a) (1) Legal notice as referred to in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 -- 23-10-420, and 23-10-422 -- 23-10-431 may...
• § 23-10-422 - Shipment to Consignor's Order -- Notice.
  When consignors ship goods consigned to order, but express in their bills of lading or shipping directions the name of the person to notify...
• § 23-10-423 - Package Freight Unloaded by Railroad -- Storage Charges.
  (a) All package freight unloaded by railroad companies in their depots and warehouses and all freight unloaded in the yard space of a railroad...
• § 23-10-424 - Unloading Cars -- Free Time -- Demurrage Charges -- Extension of Free Time.
  (a) (1) Loaded cars containing fertilizers, hay, coal, coke, brick, sand, and lumber in covered cars and cars containing, in bulk, meat, potatoes, grain...
• § 23-10-425 - Loading or Unloading -- Additional Free Time When Weather Inclement.
  Whenever the weather, during the period of free time, is so severe, inclement, or rainy that it is impossible or impracticable to secure means...
• § 23-10-426 - Loading or Unloading -- Extension of Time When Consignee or Consignor At Distance From Depot.
  A consignee or a consignor five (5) miles or more from the depot whose freight is destined to or from his or her place...
• § 23-10-427 - Storage of Freight After Failure to Unload -- Charges.
  Incoming carload freight coming under the provisions of §§ 23-10-425 and 23-10-426 may be stored by railroad companies in depots or warehouses at the...
• § 23-10-428 - Refusal of Freight -- Notice to Consignor -- Liability for Demurrage.
  (a) If a consignee refuses to accept freight tendered in pursuance of the bill of lading, the carrier charged with the duty of delivery...
• § 23-10-429 - Employee Demanding or Receiving Extra Pay for Furnishing Car to Shipper -- Penalty.
  (a) Any railroad employee who demands or receives from any shipper extra pay over and above the legal freight rate for placing or furnishing...
• § 23-10-430 - Recovery of Demurrage, Forfeitures, and Charges.
  All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 --...
• § 23-10-431 - Actions for Damages for Violations of §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 -- 23-10-431 -- Limitation.
  (a) In all actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state...
• § 23-10-432 - Duty to Furnish Cars -- Reasonable Time for Requesting Cars.
  It shall be deemed, prima facie, a reasonable time within which to order cars that any shipper shall give notice thereof to the station...
• § 23-10-433 - Exceptions to Duty to Furnish or Exchange Cars.
  (a) In no event shall any railroad company be required to furnish any cars to a connecting line except to exchange for other cars...
• § 23-10-434 - Liability for Failure to Furnish or Exchange Cars -- Exceptions.
  (a) Every railroad company that, in violation of any of the provisions of this section and §§ 23-10-401, 23-10-432, 23-10-433, 23-10-435 -- 23-10-437, and...
• § 23-10-435 - Liability for Cars of Another Railroad.
  (a) Every railroad company using cars of another railroad company, or cars which have been delivered to it by the other railroad company, shall...
• § 23-10-436 - Penalty for Gross Negligence in Not Furnishing or Exchanging Cars -- Fee of Prosecuting Attorney.
  (a) (1) Every railroad company which willfully, by its own gross negligence or by the gross negligence of its agents having charge and management...
• § 23-10-437 - Intrastate Freight -- Rules and Regulations.
  (a) The Arkansas State Highway and Transportation Department is authorized and empowered, as to all freight carried wholly within this state and the cars...
• § 23-10-438 - Perishable Freight -- Duty to Furnish Cars -- Exceptions -- Penalty.
  (a) (1) When a shipper makes a written application to a station agent of a railroad company doing business in this state for cars,...
• § 23-10-439 - Perishable Freight -- Time for Loading -- Demurrage Charges.
  (a) When cars have been delivered to the shipper as provided for by § 23-10-438, he or she shall have twenty-four (24) hours from...
• § 23-10-440 - Forwarding Perishable Freight -- Penalty for Failure.
  (a) (1) Whenever freight of a character similar to that described in § 23-10-438 is tendered to a railroad company in carload lots or...
• § 23-10-441 - Shipper's Pass on Shipments of Livestock or Poultry.
  (a) Whenever any railroad company or corporation doing business within the limits of this state receives and ships any livestock or poultry by the...
• § 23-10-442 - Shipments of Sheep and Hogs.
  (a) All railroad companies, private companies, or individuals owning or operating a railroad in the State of Arkansas are required to furnish a sufficient...
• § 23-10-443 - Shipments of Grain.
  (a) All persons and corporations owning or operating a railroad in the State of Arkansas are required to furnish cars and equip them with...
• § 23-10-444 - Shipments of Coal, Corn, or Cottonseed -- Duty to Weigh and Furnish Correct Weight to Consignee -- Penalty.
  (a) All railroads operating in this state are required to keep and maintain track or railroad scales at all stations or depots where as...
• § 23-10-445 - Shipments of Coal -- Duty to Weigh Loaded Cars Prior to Shipment and Issue Certificate of Weight -- Penalty.
  (a) At all stations at which scales are required to be maintained for the weighing of coal, it shall be the duty of the...

Last modified: November 15, 2016