Arkansas Code Title 23, Subtitle 1, Chapter 13, Subchapter 2 - Arkansas Motor Carrier Act, 1955

• § 23-13-201 - Title.
  This subchapter may be cited as the "Arkansas Motor Carrier Act, 1955".
• § 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...
• § 23-13-203 - Definitions.
  (a) As used in this subchapter, unless the context otherwise requires: (1) "Broker" means any person not included in the term "motor carrier" and...
• § 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...
• § 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...
• § 23-13-206 - Exemptions.
  (a) Nothing in this subchapter shall be construed to include: (1) (A) Motor vehicles: (i) Employed solely in transporting school children and teachers to...
• § 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...
• § 23-13-208 - General Duties and Powers of Department.
  It shall be the duty of the Arkansas State Highway and Transportation Department: (1) To regulate common carriers by motor vehicle as provided in...
• § 23-13-209 - Mandatory Injunction -- Requirement that Department Take Jurisdiction.
  Where the Arkansas State Highway and Transportation Department, in respect to any matter arising under this subchapter, has issued a negative order solely because...
• § 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 State Highway...
• § 23-13-211 - Appeals -- Entitlement.
  Any final order made under this subchapter shall be subject to the same right of appeal by any party to the proceedings as is...
• § 23-13-212 - Appeals -- Notice.
  Upon the filing of a motion for appeal, the Arkansas State Highway and Transportation Department shall forthwith serve notice of the appeal upon all...
• § 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 State Highway and Transportation Department, the party...
• § 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...
• § 23-13-215 - Appeals -- Filing Fees.
  The secretary of the Arkansas State Highway and Transportation Department shall immediately notify the party filing the motion for appeal the date of the...
• § 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 State Highway and Transportation Department a designation in...
• § 23-13-217 - Enforcement Officers.
  (a) The State Highway Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of this subchapter.(b)...
• § 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...
• § 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 State Highway and Transportation Department, be verified...
• § 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,...
• § 23-13-221 - Certificate of Public Convenience and Necessity -- Terms and Conditions.
  (a) (1) Any certificate of public convenience and necessity issued under this subchapter shall specify: (A) The service to be rendered and the route...
• § 23-13-222 - Permits for Contract Carriers -- Requirement.
  No person shall engage in the business of a contract carrier by motor vehicles over any public highways in this state unless there is...
• § 23-13-223 - Permits for Contract Carriers -- Application and Fees.
  (a) Applications for permits for contract carriers by motor vehicles shall be made to the Arkansas State Highway and Transportation Department in writing, be...
• § 23-13-224 - Permits for Contract Carriers -- Issuance.
  (a) Subject to this subchapter, a permit for a contract carrier by motor vehicle shall be issued to any qualified applicant therefor authorizing in...
• § 23-13-225 - Permits for Contract Carriers -- Terms and Conditions -- Contracts for Services.
  (a) The State Highway Commission shall specify in the permit for a contract carrier by motor vehicle the business of the contract carrier covered...
• § 23-13-226 - Dual Operation.
  No person shall at the same time hold under this subchapter a certificate as a common carrier and permit as a contract carrier authorizing...
• § 23-13-227 - Certificates and Permits -- Security for the Protection of the Public.
  (a) No certificate or permit shall be issued to a motor carrier or remain in force unless the carrier complies with such reasonable rules...
• § 23-13-228 - Transportation of Persons or Property in Interstate Commerce on Public Highways Unlawful Without Adequate Surety.
  It is declared unlawful for any motor carrier to use any of the public highways of this state for the transportation of persons or...
• § 23-13-229 - Temporary Authority.
  (a) To provide motor carrier service for which there is an urgent and immediate need to, from, or between points within a territory having...
• § 23-13-230 - Brokers -- Licenses -- Rules and Regulations for Protection of Public.
  (a) (1) No person shall for compensation sell or offer for sale transportation subject to this subchapter; shall make any contract, agreement, or arrangement...
• § 23-13-231 - Certificates, Permits, and Licenses -- Effective Dates.
  Certificates, permits, and licenses shall be effective from the date specified therein and shall remain in effect until terminated as provided in this subchapter.
• § 23-13-232 - Certificates, Permits, and Licenses -- Transfer, Assignment, Etc.
  (a) Certificates, permits, and licenses shall not be assigned, transferred, or hypothecated in any manner, nor shall the operation under any such permit, certificate,...
• § 23-13-233 - Certificates, Permits, and Licenses -- Amendment, Revocation, and Suspension.
  (a) Any certificates, permits, or licenses, upon application of the holder thereof and in the discretion of the Arkansas State Highway and Transportation Department,...
• § 23-13-234 - Operation Without Certificate or Permit Prohibited -- Violation of Terms, Conditions, Etc., of Certificate, Permit, or License Prohibited.
  (a) (1) Any motor carrier using the highways of this state without first having obtained a permit or certificate from the Arkansas State Highway...
• § 23-13-235 - Annual Fees Charged Carriers -- Remittance -- Disposition of Funds.
  (a) (1) From each common or contract carrier of passengers or property, there shall be collected an annual fee for the registration of insurance....
• § 23-13-236 - Common Carriers -- Duties As to Transportation of Passengers and Property -- Rates, Charges, Rules, Regulations, Etc.
  (a) It shall be the duty of every common carrier of passengers by motor vehicle: (1) To establish reasonable through routes with other common...
• § 23-13-237 - Common Carriers -- Rates, Fares, and Charges to Be Just and Reasonable -- Unreasonable Preferences or Advantages Prohibited.
  (a) All charges made for any service rendered or to be rendered by any common carrier by motor vehicle engaged in the transportation of...
• § 23-13-238 - Common Carriers -- Rates, Fares, Rules, Regulations, Etc. -- Complaints.
  Any person, state board, organization, or body politic may make complaint in writing to the Arkansas State Highway and Transportation Department that any rate,...
• § 23-13-239 - Common Carriers -- Rates, Fares, Rules, Regulations, Etc. -- Determination by Department.
  (a) (1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas State Highway and Transportation Department shall be...
• § 23-13-240 - Common Carriers -- Rates, Charges, Rules, Regulations, Etc. -- Establishment and Division of Joint Rates, Charges, Etc.
  (a) (1) Common carriers of property by motor vehicle may establish reasonable through routes and joint rates, charges, and classifications with other such carriers...
• § 23-13-241 - Common Carriers -- Schedules, Rules, Etc., Affecting Rates, Fares, Etc. -- Hearings -- Suspension Proceedings.
  (a) Whenever any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers, or by any such...
• § 23-13-242 - Common Carriers -- Rates, Charges, Rules, Regulations, Etc. -- Factors of Reasonableness or Justness.
  (a) In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carrier by...
• § 23-13-243 - Sections 23-13-236 -- 23-13-242 Cumulative.
  Nothing in §§ 23-13-236 -- 23-13-242 shall be held to extinguish any remedy or right of action not inconsistent therewith.
• § 23-13-244 - Tariffs of Common Carriers by Motor Vehicle.
  (a) (1) Whenever an applicable tariff has not already been prescribed by the Arkansas State Highway and Transportation Department, every common carrier by motor...
• § 23-13-245 - Contract Carriers -- Schedule of Minimum Rates and Charges, Rules, Regulations, and Practices -- Requirement -- Filing, Posting, and Publishing Required.
  (a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable minimum rates and charges for any...
• § 23-13-246 - Contract Carriers -- Schedule of Minimum Rates and Charges, Rules, Regulations, and Practices -- Adherence to Schedule Required -- Exceptions.
  (a) No contract carrier by motor vehicle shall demand, charge, or collect a less compensation for the transportation than the charges filed in accordance...
• § 23-13-247 - Contract Carriers -- Schedule of Minimum Rates and Charges, Rules, Regulations, and Practices -- Notice of Proposed Changes.
  (a) No reduction shall be made in any charge of a contract carrier by motor vehicle either directly or by means of any change...
• § 23-13-248 - Contract Carriers -- Complaints.
  All complaints shall state fully the facts complained of, and the reason for the complaints, and shall be made under oath.
• § 23-13-249 - Contract Carriers -- Schedule of Rules, Etc., Affecting Rates, Fares, Etc. -- Hearings -- Suspension Proceedings.
  (a) Whenever any contract carrier by motor vehicle files with the Arkansas State Highway and Transportation Department any schedule stating a charge for a...
• § 23-13-250 - Contract Carriers -- Schedule of Minimum Rates and Charges, Rules, Regulations, and Practices -- Establishment by Department.
  (a) Whenever, after hearing, upon complaint or upon its own initiative, the Arkansas State Highway and Transportation Department finds that any minimum rate or...
• § 23-13-251 - Collection of Rates and Charges.
  (a) No common carrier by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it until all tariff rates...
• § 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...
• § 23-13-253, 23-13-254 - [Repealed.]
• § 23-13-255 - Access to Property, Equipment, and Records.
  The Arkansas State Highway and Transportation Department or its duly authorized agents at all times shall have access to all lands, buildings, or equipment...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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.
• § 23-13-261 - Injunction Against Violation of Subchapter, Rules, Regulations, 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...
• § 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 State Highway...
• § 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...
• § 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...
• § 23-13-265 - Exempt Motor Carrier to Possess Annual Receipt.
  (a) (1) It is declared unlawful for any motor carrier of property who is exempt from certain provisions of this subchapter pursuant to §...

Last modified: November 15, 2016