Motor Carriers

Ark. Code Ann. tit. 23, ch. 13

in effect

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-105 Certain indemnity provisions void — Definitions.

(a) As used in this section: (1) “Gas” means all natural gas, including casing-head gas and all other hydrocarbons not defined as oil in this section; (2) “Motor carrier” means: (A) An individual or entity that is engaged in the transportation of property for compensation by motor vehicle; and (B) An agent, employee, servant, or independent contractor of the individual or entity described in subdivision (a)(2)(A) of this section; (3) “Motor carrier transportation contract” means an express or implied contract, agreement, or understanding entered into, renewed, modified, or extended on or after March 20, 2015, that covers: (A) Transportation of property for compensation or hire by a motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, delivering, or transporting property for compensation or hire; or (C) Services that are incidental to an activity described in subdivision (a)(3)(A) or subdivision (a)(3)(B) of this section, including without limitation brokerage services or the storage of property; (4) “Oil” means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir; (5) “Operator” means the person who has the right as an owner or by agreement with an owner to enter upon the lands of another for the purposes of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons; (6) “Person” means an individual, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, federal agency, or representative of any kind; and (7) “Promisee” means the promisee specified in the motor carrier transportation contract and each agent, employee, servant, and independent contractor directly responsible to the specified promisee. (b) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract to be performed all or in part in Arkansas that purports to indemnify, defend, or hold harmless, or that has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligent, reckless, intentional, malicious, willful, or wanton acts or omissions of the promisee is against the public policy of the State of Arkansas and is void and unenforceable. (c) This section does not apply to: (1) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis or other intermodal equipment; (2) A contract of insurance between a motor carrier and its insurance carrier; (3) An indemnity clause entered into as part of a settlement agreement in which a motor carrier and any of its agents, employees, contractors, affiliates, assigns, and insurers are to be indemnified, defended, or otherwise held harmless as to any pending or future claim of: (A) Another party to or a third-party beneficiary of the settlement agreement; or (B) A lienholder, alleged tortfeasor, or other allegedly responsible party; or (4)(A) Except as provided in subdivision (c)(4)(B) of this section, the provision of work or services of any kind to an operator or other person directly related to activities or operations stemming from the exploration, production, processing, gathering, or movement of oil or gas, including without limitation the hauling, movement, or transportation of people, oil, gas, goods, supplies, equipment, facilities, structures, water, fluids, chemicals, waste, or other materials on or off one (1) or more sites where any exploration or production operations have been, are, or will be occurring. (B) The activities and operations described in subdivision (c)(4)(A) of this section shall not include the transportation by motor carrier of refined petroleum products for purposes unrelated to the exploration, drilling, or production of oil or gas. (d) Notwithstanding any choice-of-law provision to the contrary, the law of Arkansas relating to indemnity as embodied in this section shall apply to and govern every motor carrier transportation contract to be performed all or in part within the State of Arkansas.

Ark. Code Ann. § 23-13-201 Title.

This subchapter may be cited as the “Arkansas Motor Carrier Act, 1955”.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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 not a bona fide employee or agent of any motor carrier. A “broker”, as principal or agent, sells or offers for sale any transportation subject to this subchapter, or negotiates for, or holds himself or herself or itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation; (2) “Certificate” means a certificate of public convenience and necessity issued under authority of the laws of the State of Arkansas to common carriers by motor vehicle; (3) “Commercial zone” means any municipality within this state together with that area outside the corporate limits of any municipality which is prescribed by the Interstate Commerce Commission [abolished] as a commercial zone; (4) “Common carrier by motor vehicle” means any person who or which undertakes, whether directly or indirectly, or by lease of equipment or franchise rights, or any other arrangement, to transport passengers or property or any classes of property for the general public by motor vehicle for compensation whether over regular or irregular routes; (5) “Contract carrier by motor vehicle” means any person not a common carrier included under subdivision (a)(4) of this section who or which, under individual contracts or agreements, and whether directly or indirectly or by lease of equipment or franchise rights or any other arrangements, transports passengers or property by motor vehicle for compensation; (6) [Repealed.] (7) “Highway” means the public roads, highways, streets, and ways in the State of Arkansas; (8)(A) “Household goods carrier” means any motor carrier transporting: (i) Personal effects and property used or to be used in a dwelling when it is a part of the equipment or supply of the dwelling; (ii) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when they are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and (iii) Articles, including objects of art, displays and exhibits, voting machines and tabulating machines, including the auxiliary machines or component parts as are necessary to the performance of a complete tabulating process, including, but not limited to, punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods. (B)(i) The household goods carriers shall continue to be regulated by the Arkansas Department of Transportation in accordance with this subchapter and all rules made and promulgated by the department. (ii) Provided, a household goods carrier upon application with the department shall not be required to prove that the proposed services or operations are required by the present or future public convenience and necessity, nor shall the rates of such household goods carriers be subject to regulation by the department; (9) “Interested parties” includes, in all cases, all carriers operating over the routes or any part thereof or in the territory involved in any application for a certificate of convenience and necessity or a permit, or any application to file or change any schedule or rates, charges, fares, or any rule or practice, and such other parties as the department may deem interested in the particular matter; (10) “Irregular route” means that the route to be used by a motor carrier is not restricted to any specific highways within the area the motor carrier is authorized to serve; (11) “Lease” means, as used in connection with the term “motor vehicle”, the rental of a motor vehicle by a lessor to a lessee, except to an authorized carrier, with nothing furnished except necessary maintenance; (12) “License” means a license issued under this subchapter to a broker; (13) “Motor carrier” includes both a common carrier by motor vehicle and a contract carrier by motor vehicle and any person performing for-hire transportation service without authority from the department; (14) “Motor vehicle” means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property or any combination thereof determined by the department, but it does not include any vehicle, locomotive, or car operated exclusively on rails; (15) “Occasional” means the transportation of persons or property where an emergency exists at the time or place and no authorized service is immediately available; (16) “Permit” means a permit issued under authority of the laws of the State of Arkansas to contract carriers by motor vehicle; (17) “Person” means any individual, firm, copartnership, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof; (18) “Private carrier” means any person engaged in the transportation by motor vehicle upon public highways of persons or property, or both, but not as a common carrier by motor vehicle or a contract carrier by motor vehicle and includes any person who transports property by motor vehicle, where the transportation is incidental to or in furtherance of any commercial enterprise of the person, which enterprise is one other than transportation; and (19) “Regular route” means a fixed, specific, and determined course to be traveled by a motor carrier's vehicles rendering service to, from, or between various points, localities, or municipalities in this state. (b) The “services” and “transportation” to which this subchapter applies includes all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier and used in the transportation of passengers or property or in the performance of any service in connection therewith.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-206 Exemptions.

(a) Nothing in this subchapter shall be construed to include: (1)(A) Motor vehicles: (i) Employed solely in transporting schoolchildren and teachers to or from school; and (ii) Used in carrying: (a) Set-up houses; (9)(A) A Commercial motor vehicle operating in intrastate commerce that has a: (i) Gross vehicle weight rating or gross combination weight rating of twenty-six thousand pounds (26,000 lbs.) or less; or (ii) Gross vehicle weight or gross combination weight of twenty-six thousand pounds (26,000 lbs.) or less. (B) Subdivision (a)(9)(A) of this section does not apply to a commercial motor vehicle that is: (i) Designated as transporting hazardous materials under 49 U.S.C. § 5103, as in effect on January 1, 2021, and is required to be placarded under 49 C.F.R. part 172, subpart F, as in effect on January 1, 2021; or (ii) Designed to transport more than fifteen (15) passengers, including the driver. (b) Ordinary livestock; (c) Unprocessed fish, including shellfish; (d) Unprocessed agricultural commodities; (e) Baled cotton; (f) Cottonseed; (g) Cottonseed meal; (h) Cottonseed hulls; (i) Cottonseed cake; (j) Rice hulls; (k) Rice bran; (l) Rice mill feed; (m) Rice mill screenings; (n) Soybean meal; and (o) Commercial fertilizer, but not including the component parts used in the manufacture thereof. (B) However, carriers of such exempt commodities and passengers shall be subject to safety of operation and equipment standards provisions prescribed or hereafter prescribed by the State Highway Commission. (C) Additionally, for-hire carriers of such exempt commodities shall file with the commission evidence of security for the protection of the public in the same amount and to the same extent as nonexempt carriers, as provided in § 23-13-227; (2)(A) Taxicabs or other motor vehicles performing a bona fide taxicab service. (B) “Bona fide taxicab service”, as employed in this section, means and refers only to service rendered by motor-driven vehicles having a seating capacity not in excess of six (6) passengers and used for the transportation of persons for hire, which vehicles are owned and operated by a person, firm, or corporation authorized by the governing authorities of municipalities to conduct a taxicab business over or upon the streets and public ways; (3) Any private carrier of property and motor vehicles employed in the hauling of gravel, rock, dirt, bituminous mix materials, riprap, quarried stone, crushed stone, and similar materials, and any movements and services performed by wreckers and wrecker services. Provided, all of the above private carriers, motor vehicles, and wrecker and wrecker services shall be subject to the provisions prescribed, including all rules made and promulgated pursuant to this subchapter, with respect to safety of operation and equipment standards; (4) Trolley buses operated by electric power or other buses furnishing local passenger transportation similar to street railway service, unless and to the extent that the commission shall from time to time find that such an application is necessary to carry out the policy of this subchapter as to safety of operation or standards of equipment, apply to: (A)(i) The transportation of passengers or property wholly within a municipality or between contiguous municipalities or within a commercial zone, as defined in § 23-13-203, adjacent to, and commercially a part of, any such municipalities, except when the transportation is under a common control, management, or arrangement for a continuous carriage, or shipment to or from a point outside such municipalities or zone, and provided that the motor carrier engaged in such transportation of passengers over regular or irregular routes is also lawfully engaged in the intrastate transportation of passengers over the entire length of the routes in accordance with the laws of this state. (ii) The rights, duties, and privileges of any motor carrier previously granted a certificate of convenience and necessity by the commission to operate in, through, to, or from municipalities or in, through, to, or from a commercial zone or territory contiguous to a municipality shall not be impaired or abridged by reason of the subsequent annexation of the municipality or territory by another municipality, and any such motor carrier shall remain subject to the exclusive jurisdiction and control of the commission; or (B) The occasional or reciprocal transportation of passengers or property for compensation: (i) By any person not engaged in transportation by motor vehicle as a regular occupation or business, except when such transportation is sold, offered for sale, provided, procured, or furnished or arranged for; (ii) By any person who holds himself or herself or itself out as one who sells or offers for sale transportation wholly or partially subject to this subchapter, or negotiates for, or holds himself or herself or itself out, by solicitation, advertisements, or otherwise, as one who sells, provides, furnishes, contracts, or arranges for such transportation; or (iii) By any person or his or her or its agent, servant, or employee who regularly engages in the exempt transportation of passengers for hire; (5) Motor vehicles controlled and operated by an agricultural cooperative association as defined in § 2-2-101 et seq. and §§ 2-2-201, 2-2-202, and 2-2-401 — 2-2-428 or any similar act of another state or by the United States Agricultural Marketing Act, as amended, or by a federation of such cooperative associations, if the federation possesses no greater powers or purposes than cooperative associations so defined; (6) Motor carriers of property, except household goods carriers. Provided, the motor carriers of property shall be subject to all safety of operation and equipment standards provisions prescribed by the commission. Provided, further, all motor carriers of property shall be subject to the provisions of §§ 23-13-252 and 23-13-265 and all rules and regulations made and promulgated by the commission with respect to financial fitness and insurance requirements; (7)(A) The transportation of passengers by private or public motor carrier either under contract or by cooperative agreement with the State of Arkansas when the transportation is provided exclusively in connection with, or as a result of, federally or state-funded assistance programs serving the public need. (B) Provided, the motor carriers shall be subject to the provisions prescribed, including all rules made and promulgated pursuant to this subchapter, with respect to safety of operation and equipment standards; and (8) The transportation of passengers in a private vehicle with a maximum seating capacity of fifteen (15) passengers, including the driver, provided the transportation is for the purposes of vanpooling or carpooling. (b) In addition, the following are declared to be exempt from this subchapter except to the extent that the vehicles transporting the following products shall be subject to the safety and equipment standards of the commission: (1) The transportation of live poultry, unmanufactured products of poultry, and related commodities. Poultry, unmanufactured products of poultry, and related commodities include the following: (A) Additives, such as injected butter, gravy, seasoning, etc., in an amount not in excess of five percent (5%) by weight, sold in or along with uncooked poultry; (B) Advertising matter, in reasonable amounts, transported along with poultry and poultry products; (C) Blood of poultry from which corpuscles have been removed by centrifugal force; (D) Carcasses: (i) Raw, in marble-size chunks; (ii) Cut up, raw; (iii) Cut up, precooked or cooked; (iv) Breaded or battered; (v) Cut up, precooked or cooked, marinated, breaded, or battered; (vi) Deboned, cooked or uncooked; and (vii) Deboned, cooked or uncooked, in rolls or diced; (E) Dinners, cooked; (F) Dressed; (G) Eggs, albumen, liquid; (H) Eggs, albumen, liquid, pasteurized; (I) Eggs, dried; (J) Eggs, frozen; (K) Eggs, liquid, whole or separated; (L) Eggs, oiled; (M) Eggs, omelet mix consisting of fresh broken eggs and milk with minute amounts of salt and pepper and seasoning, packaged; (N) Eggs, powder, dried; (O) Eggs, shelled; (P) Eggs, whites; (Q) Eggs, whole, with added yolks, dried; (R) Eggs, whole, with added yolks; (S) Eggs, whole standardized by substraction of whites; (T) Eggs, yolks, dried; (U) Eggs, yolks, liquid; (V) Eggs, yolks; (W) Fat, as removed from poultry, not cooked; (X) Feathers; (Y) Feathers, ground or feather meal; (Z) Feathers, ground, combined with dehydrated poultry offal; (2) The transportation of livestock and poultry feed including all materials or supplementary substances necessary or useful to sustaining the life or promoting the growth of livestock or poultry, if such products, excluding products otherwise exempt under this section, are transported to a site of agricultural production or to a business enterprise engaged in the sale to agricultural producers of goods used in agricultural production; (3) The transportation of sawdust, wood shavings, and wood chips; and (4) The transportation of ethylene glycol antifreeze, gasoline, diesel, liquefied petroleum gas, kerosene, aviation gasoline, and jet fuel. (c)(1) Except as otherwise provided in this subchapter, the transportation of passengers by motor vehicle shall continue to be regulated by the commission. (2) Provided, a carrier of passengers, which carrier proposes strictly charter services or charter operations for the transportation of passengers, upon application with the commission, shall not be required to prove that the proposed charter services or charter operations are required by the present or future public convenience and necessity. (AA) Offal, including blood and natural by-products of the killing and processing of poultry for market; (BB) Picked; (CC) Rolled in batter but uncooked; (DD) Rolls, containing sectioned and deboned poultry, cooked; (EE) Sticks, cooked; (FF) Stuffed; and (GG) Stuffing, packed with, but not in, bird;

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-208 General duties and powers of department.

It shall be the duty of the Arkansas Department of Transportation: (1) To regulate common carriers by motor vehicle as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to continuous and adequate service and transportation of baggage and express. It may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, and safety of operation and equipment which shall conform as nearly as may be consistent with the public interest to the systems of accounts, records, and reports and the requirements as to the preservation of records and safety of operation and equipment now prescribed or which from time to time may be prescribed by the Interstate Commerce Commission [abolished] for common carriers by motor vehicles engaged in interstate or foreign commerce; (2) To regulate contract carriers by motor vehicle as prescribed by this subchapter. To that end, the department may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, and safety of operation and equipment now prescribed or which may from time to time be prescribed by the Interstate Commerce Commission [abolished] for contract carriers by motor vehicles engaged in interstate or foreign commerce; (3) To regulate private carriers, as defined in this subchapter, with respect to safety of their operations and equipment; (4) To regulate brokers as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such persons; (5) To avail itself of the assistance of any of the several research agencies of the United States Government and of any agency of this state having special knowledge of any such matter, for the purpose of carrying out the provisions pertaining to safety; (6) To administer, execute, and enforce all other provisions of this subchapter, to make all necessary orders in connection therewith, and to prescribe rules and procedures for such administration; and (7) Upon complaint in writing to the department by any person, state board, organization, or body politic, or upon the department's own initiative without complaint, to investigate whether any motor carrier or broker has failed to comply with any provisions of this subchapter or with any requirements thereof. If the department finds upon investigation that the motor carrier or broker has failed to comply therewith, the department shall issue appropriate order to compel the carrier or broker to comply therewith. Whenever the department is of the opinion that any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss that complaint.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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) The enforcement officers shall have authority to enforce § 27-50-308 and the Omnibus DWI or BWI Act, § 5-65-101 et seq., and shall have authority to make arrests for violation of any of the provisions of this subchapter, orders, rules, and regulations of the commission and to serve any notice, order, or subpoena issued by any court, the commission, its secretary, or any employee authorized to issue same, and to this end shall have full authority with jurisdiction within the entire State of Arkansas. (c)(1) For the purpose of determining whether any motor vehicle or the operator of that vehicle is in compliance with the rules and regulations of the commission with respect to safety of operations and equipment or any other provision of this chapter, provided the operator is engaged in intrastate or interstate movements on the highways, roads, and streets of this state and the operator or vehicle is subject to the rules and regulations, the enforcement officers shall be authorized to: (A) Require the operator of the vehicle to stop, exhibit, and submit for inspection all documents required to be carried in that vehicle or by that operator pursuant to the regulations regarding the operator or operators of that vehicle, including, but not limited to, the operator or driver's duty status or hours-of-service records, bills of lading, waybills, invoices, or other evidences of the character of the lading being transported in the vehicle, as well as all records required to be carried by the regulations concerning that vehicle; (B) Inspect the contents of the vehicle for the purpose of comparing the contents with bills of lading, waybills, invoices, or other evidence of ownership or of transportation for compensation; and (C) Require the operator to submit the vehicle for a safety inspection pursuant to the rules and regulations, if deemed necessary by the officers. (2) If the operator does not produce sufficient or adequate documents regarding his or her operation of the vehicle in conformance with the rules and regulations or is determined by the officers to be out of compliance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to the provisions of this subchapter, the officers shall be authorized to immediately place that operator out of service in accordance with the rules and regulations. (3)(A) If the operator does not produce sufficient or adequate documents regarding the vehicle in conformance with the rules and regulations, the vehicle is determined by the officers to be out of compliance with the rules and regulations. (B) If the operator refuses to submit the vehicle to a safety inspection in conformance with the rules and regulations or if the officer or officers determine the vehicle is unsafe for further operation following a safety inspection in accordance with the rules and regulations, in addition to any other action that may be taken by the officers pursuant to this subchapter, the officers shall be authorized to immediately place that vehicle out of service in conformance with the rules and regulations. (d) It shall be the further duty of the enforcement officers to impound any books, papers, bills of lading, waybills, and invoices that would indicate the transportation service being performed is in violation of this subchapter, subject to the further orders of the court having jurisdiction over the alleged violation.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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 over which; (B) The fixed termini, if any, between which; (C) The intermediate and off-route points, if any, at which; and (D) In case of operations not over specified routes or between fixed termini, the territory within which the motor carrier is authorized to operate. (2)(A) At the time of issuance and from time to time thereafter, there shall be attached to the exercise of the privileges granted by the certificate such reasonable terms, conditions, and limitations as the public convenience and necessity may from time to time require, including terms, conditions, and limitations as to the extension of the routes of the carrier and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the requirements established by the Arkansas Department of Transportation under this subchapter. (B) However, no terms, conditions, or limitations shall restrict the right of the carrier to add to his or her or its equipment and facilities over the routes, between the termini, or within the territory specified in the certificate as the development of the business and the demands of the public shall require. (b) A common carrier by motor vehicle operating under any such certificate may occasionally deviate from the route over which, or the fixed termini between which, it is authorized to operate under the certificate under such general or special rules as the department may prescribe. (c) Any common carrier by motor vehicle transporting passengers under a certificate issued under this subchapter may transport to any place within the state special or chartered parties under such rules as the department may prescribe. (d) A certificate for the transportation of passengers may include authority to transport, in the same vehicle with the passengers, newspapers, baggage of passengers, express, or mail, or authority to transport baggage of passengers in a separate vehicle. (e) No certificate issued under this subchapter shall confer any proprietary or property rights in the use of the public highways.

Ark. Code Ann. § 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 in force with respect to the carrier a permit issued by the Arkansas Department of Transportation authorizing such persons to engage in such business.

Ark. Code Ann. § 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 Department of Transportation in writing, be verified under oath, and shall be in such form, contain such information, and be accompanied by proof of service upon such interested parties as the department by rule may require. (b) Every application shall be accompanied by a 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.

Ark. Code Ann. § 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 whole or in part the operations covered by the applications, if it is found that the applicant is fit, willing, and able to properly perform the service of a contract carrier by motor vehicle and to conform to the provisions of this subchapter and the lawful requirements and rules of the Arkansas Department of Transportation, and the proposed operation, to the extent authorized by the permit, will promote the public interest and the policy declared in § 23-13-202; otherwise the application shall be denied. (b) No permit shall be issued by the department except upon a hearing at least twenty (20) days after service of notice to interested parties of the time and place thereof. (c) In granting applications for permits, 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 and the effect which the proposed transportation service may have upon existing transportation service; and (4) Any other matters tending to show the necessity or want of necessity for granting the application.

Ark. Code Ann. § 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 thereby and the scope thereof. The commission shall attach to the permit, at the time of issuance, and from time to time thereafter, such reasonable terms, conditions, and limitations consistent with the character of the holder as a contract carrier as are necessary to carry out, with respect to the operations of such a carrier, the requirements established by the commission under this subchapter. (b)(1) The commission shall not issue any permit which will authorize any contract carrier to have in effect, at any one time, more than six (6) contracts, such contracts to be filed with and approved by the commission prior to granting of such authority. (2) When any contract expires, the commission shall be given notice thereof, and if any new contract is substituted or added, the contract shall be filed with and approved by the commission before operation thereunder. (c) No permit issued under this subchapter shall confer any proprietary or property rights in the use of public highways.

Ark. Code Ann. § 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 operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown the Arkansas Department of Transportation shall find that the certificate and permit will promote the public interest and the policy declared in § 23-13-202 .

Ark. Code Ann. § 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 as the Arkansas Department of Transportation shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualification as a self-insurer or other securities or agreements in such reasonable amount as the department may require, conditioned to pay, within the amount of the surety bonds, policies of insurance, qualifications as a self-insurer or other securities or agreements, any final judgment recovered against the motor carrier for bodily injuries to or the death of any person resulting from the negligent operation, maintenance, or use of motor vehicles under the certificate or permit or for loss or damage to the property of others. (b)(1) In its discretion and under such rules as it shall prescribe the department may require any such common carrier to file a surety bond, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in a sum to be determined by the department, to be conditioned upon the carrier making compensation to shippers or consignees for all property belonging to shippers or consignees and coming into the possession of such carriers in connection with its transportation service. (2) Any carrier which may be required by law to compensate a shipper or consignee for any loss, damage, or default for which a connecting motor common carrier is legally responsible shall be subrogated to the rights of the shipper or consignee under any such bond, policies, or insurance or other securities or agreements, to the extent of the sum so paid, plus any court costs and reasonable attorney's fees paid by the carrier in defending any action brought thereon by the shipper or consignee. (c) The reasonable rules of the department authorized by this section shall conform as nearly as may be consistent with the public interest to those rules made by the United States Surface Transportation Board from time to time with respect to surety for the protection of the public by motor carriers engaged in interstate or foreign commerce. (d) Any motor carrier who has qualified as a self-insurer in accordance with the rules of the United States Surface Transportation Board governing motor carriers engaged in interstate or foreign commerce shall be prima facie deemed qualified as a self-insurer in the State of Arkansas. (e) In any action against any motor carrier operating under the provisions of this subchapter, whether in law or equity, the insurer, insurance company, or obligor in any policy of insurance or bond given by the carrier in compliance with this section shall not be joined as a party to the suit and shall not be a proper party thereto. (f) Upon any motor carrier's failure to pay any final judgment rendered against it, the judgment creditor may maintain an action in any court of competent jurisdiction against the insurer, insurance company, or obligor in any policy of insurance, or bond, or obligation, filed under this section, to compel payment of the judgment.

Ark. Code Ann. § 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 property in interstate commerce unless there is in force with respect to the motor carrier adequate surety for the protection of the public.

Ark. Code Ann. § 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 no motor carrier service deemed capable of meeting that need, the Arkansas Department of Transportation in its discretion and without hearing or other proceeding may grant temporary authority for a period not exceeding ninety (90) days for the service by common or contract carrier, as the case may be. Satisfactory proof of the urgent and immediate need shall be made by affidavit or other verified proof, as the department shall prescribe. (b) The temporary authority shall be granted only upon payment of a filing fee in the amount of twenty-five dollars ($25.00) and compliance with the requirements of §§ 23-13-227 and 23-13-244. The filing fees 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. (c) After the temporary authority is granted, the department shall notify any carrier already authorized to perform all or any part of the service so authorized temporarily. Upon application in writing by the carrier, the department shall hold such hearings and make such further determination with respect to such temporary authority as the public interest shall require. (d) The grant of temporary authority shall not be extended for any cause. (e) Issuance of such temporary authority shall create no presumption that corresponding permanent authority will be granted thereafter.

Ark. Code Ann. § 23-13-230 Brokers — Licenses — Rules for protection of public.

(a)(1) A person shall not for compensation sell or offer for sale transportation subject to this subchapter; make any contract, agreement, or arrangement to provide, procure, furnish, or arrange for such transportation; or hold himself or herself or itself out by advertisements, solicitation, or otherwise as one who sells, provides, procures, contracts, or arranges for such transportation unless that person holds a broker's license issued by the Arkansas Department of Transportation to engage in such transactions. (2) In the execution of any contract, agreement, or arrangement to sell, provide, procure, furnish, or arrange for such transportation, it shall be unlawful for such a person to employ any carrier by motor vehicle who or which is not the lawful holder of an effective certificate or permit issued as provided in this subchapter. (3) The provisions of this subsection shall not apply to any carrier holding a certificate or a permit under the provisions of this subchapter or to any bona fide employee or agent of such a motor carrier, so far as concerns transportation to be furnished wholly by such a carrier or jointly with other motor carriers holding like certificates or permits or with a common carrier by railroad, express, or water. (b) A brokerage license 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 department thereunder and that the proposed service, to the extent authorized by the license, will promote the public interest and policy declared in this subchapter; otherwise the application shall be denied. (c) The department shall prescribe reasonable rules for the protection of travelers or shippers by motor vehicle, to be observed by any person holding a brokerage license. No such license shall be issued or remain in force unless the person shall have furnished a bond or other security approved by the department, in such form and amount as will insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements, or arrangements therefor. (d) The department and its agents shall have the same authority as to accounts, reports, and records, including inspection and preservation thereof, of any person holding a brokerage license issued under the provisions of this section, that they have under this subchapter with respect to motor carriers subject thereto.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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, or license be leased without authority of the Arkansas Department of Transportation and on written application, and after ten (10) days' notice, to parties in interest and hearing. (b) The transfer, lease, assignment, or hypothecation of the permits, certificates, or licenses shall not be authorized when the department finds the action will be inconsistent with the public interest or will have the effect of destroying competition or creating a monopoly, nor where it appears that reasonably continuous service under the authority or that part of the authority granted by the permit, certificate, or license which is sought to be transferred has not been rendered prior to the application for transfer, assignment, or hypothecation. (c)(1) All applications for transfer must be made on proper forms prescribed by the department. (2) There must be attached to such application for a transfer of a certificate, permit, or license a joint affidavit executed by the vendor and vendee certifying that all accrued taxes, station rents, wages of employees, and all other indebtedness incident to the vendor's operation have been paid in full or, if such is not the case, will be assumed by the vendee. Provided, the provisions of this subsection shall not apply in any respect to either the vendor or the vendee, where the vendor has filed for protection under the federal bankruptcy laws and is transferring the authority as part of a reorganization or liquidation under an order directing the sale entered under the federal bankruptcy laws. (d) Every such application for the transfer of a certificate or permit shall be accompanied by a certified check or money order in the amount of fifty dollars ($50.00) made payable to the department. 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.

Ark. Code Ann. § 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 Department of Transportation, may be amended or revoked, in whole or in part, or may upon complaint or on the department's own initiative, after notice and hearing, be suspended, changed, or revoked, in whole or in part, for: (1) Willful failure to comply with any provision of this subchapter, with any lawful order or rule of the department promulgated thereunder, or with any term, condition, or limitation of the certificate, permit, or license; (2) Failure to render reasonably continuous service in the transportation of all of the commodities authorized to be transported over all of the routes authorized to be traversed; (3) Failure to file a complete annual motor carrier report pursuant to Acts 1927, No. 129, as amended; or (4) Failure to timely pay ad valorem property taxes. (b) It is the intent of this section to require the department to suspend or revoke, after notice and hearing as hereafter provided, all or such part of the authority granted by any certificate which is not exercised reasonably continuously. (c) No certificate, permit, or license shall be revoked, except under application of the holder or violation of § 23-13-227, unless the holder thereof willfully fails to comply within a reasonable time, not less than thirty (30) days, to be fixed by the department, with a lawful order of the department commanding obedience to the provisions of this subchapter, or to the rules of the department, or to the terms, conditions, or limitation of such certificate, permit, or license found by the department to have been violated by the holder.

Ark. Code Ann. § 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 Department of Transportation, as provided by this subchapter, or who, being a holder thereof, violates any term, condition, or provision thereof shall be subject to a civil penalty to be collected by the department, after notice and hearing, in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (2) If the penalty is not paid within ten (10) days from the date of the order of the department assessing the penalty, twenty-five percent (25%) thereof shall be added to the penalty. (3) Any amounts collected from the penalties provided for under this subsection shall be deposited by the department into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund. (b)(1) Any person required by this subchapter to obtain a certificate of convenience and necessity as a common carrier or a permit as a contract carrier and operates as such a carrier without doing so shall be guilty of a violation. Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first such offense and not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each subsequent offense. (2) Each day of the violation shall be a separate offense. (c)(1) Any person violating any other provision or any term or condition of any certificate, permit, or license, except as otherwise provided in § 23-13-258, shall be guilty of a violation and upon conviction shall be fined not more than one hundred dollars ($100) for the first offense and not more than five hundred dollars ($500) for any subsequent offense. (2) Each day of the violation shall constitute a separate offense. (3) In addition thereto, the person shall be subject to the civil penalties provided in subsection (a) of this section.

Ark. Code Ann. § 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. The annual registration fee to be collected from each common or contract carrier of passengers or property holding only a certificate or permit issued pursuant to this subchapter shall be five dollars ($5.00) for each bus, truck, or truck-tractor of the carrier to be operated in this state. (2) The annual registration fee for the registration of insurance to be collected from any other carrier, including a carrier holding a certificate or permit issued by the United States Surface Transportation Board, on behalf of the State of Arkansas shall be collected under the base state registration program and shall be five dollars ($5.00) per motor vehicle. (3) The Arkansas Department of Transportation shall also collect fees under the base state registration program on behalf of and for all other participating states of travel from all carriers based in the State of Arkansas. All fees collected on behalf of other participating states shall be collected in the amount required by that state and remitted to that state under the rules adopted by the United States Surface Transportation Board. (b) All fees as set out in this section shall be due and payable on or before January 1 of each year to cover the ensuing calendar year. However, the fees to be collected from the holders of temporary authority shall be due and payable before the authority is first exercised. (c) Nothing in this section shall be construed as requiring the payment of more than the fees for each bus, truck, or truck-tractor so used as set out in subsection (a) of this section, but the fee shall be paid annually for each motor vehicle, as the term “motor vehicle” is defined in rules of the United States Surface Transportation Board. (d) Failure on the part of any person or carrier to pay the annual registration fees as provided in this section shall be a violation of this subchapter, and upon conviction the person or carrier shall be punished as provided in § 23-13-257.

Ark. Code Ann. § 23-13-236 Common carriers — Duties as to transportation of passengers and property — Rates, charges, rules, 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 carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers; (2) To establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable rules and practices relating thereto and relating to the issuance, form, and substance of tickets; the carrying of personal, sample, and excess baggage; the facilities for transportation; and all other matters relating to or connected with the transportation of passengers; and (3) In case of joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of the participating carriers. (b) It shall be the duty of every common carrier of property by motor vehicle: (1) To provide safe and adequate service, equipment, and facilities for the transportation of property; and (2) To establish, observe, and enforce just and reasonable rates, charges, and classifications and just and reasonable rules and practices relating thereto, and relating to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.

Ark. Code Ann. § 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 passengers or property as provided in § 23-13-236, or in connection therewith, shall be just and reasonable. Every unjust and unreasonable charge for such a service or any part thereof is prohibited and declared to be unlawful. (b) It shall be unlawful for any common carrier by motor vehicle to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, region, district, territory, or description of traffic, in any respect whatsoever or to subject any particular person, gateway, locality, region, district, territory, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever. (c) This shall not be construed to apply to discrimination, prejudices, or disadvantages to the traffic of any other carrier of whatever description.

Ark. Code Ann. § 23-13-238 Common carriers — Rates, fares, rules, etc. — Complaints.

Any person, state board, organization, or body politic may make complaint in writing to the Arkansas Department of Transportation that any rate, fare, charge, classification, rule, or practice in effect or proposed to be put into effect is or will be in violation of this subchapter.

Ark. Code Ann. § 23-13-239 Common carriers — Rates, fares, rules, etc. — Determination by department.

(a)(1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas Department of Transportation shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carriers by railroad, express, or water for transportation, or that any classification, rule, or practice whatsoever of the carriers affecting the rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, or unduly preferential, or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, or practice thereafter to be made effective. (2) Whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint, the department shall establish through routes and joint rates, fares, charges, rules, or practices applicable to the transportation of passengers by common carriers by motor vehicle or establish the maximum or minimum rates, fares, or charges to be charged and the terms and conditions under which the through routes shall be operated. (b) Nothing in this subchapter shall empower the department to prescribe or in any manner regulate the rate, fare, or charge for interstate transportation or for any service connected therewith.

Ark. Code Ann. § 23-13-240 Common carriers — Rates, charges, rules, 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 or with common carriers by railroad or express or water. (2) Common carriers of passengers by motor vehicle may establish reasonable through routes and joint rates, fares, or charges with common carriers by railroad or water. (b) In case of joint rates, fares, or charges, it shall be the duty of the carriers parties thereto to establish just and reasonable rules and practices in connection therewith and to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any participating carriers. (c)(1) Whenever, after hearing, upon complaint or upon its own initiative the Arkansas Department of Transportation is of the opinion that the divisions of joint rates, fares, or charges, applicable to the transportation of passengers or property by common carriers by motor vehicle, or by such carriers in conjunction with common carriers by railroad, express, or water, are or will be unjust, unreasonable, inequitable, or unduly preferential or prejudicial as between the carriers parties thereto, whether agreed upon by such carriers, or any of them, or otherwise established, the department shall by order prescribe the just, reasonable, and equitable divisions thereof to be received by the several carriers. (2) In cases where the joint rate, fare, or charge was established pursuant to a finding or order of the department, the department may also by order determine what would have been the just, reasonable, and equitable divisions thereof to be received by the several carriers and require adjustment to be made in accordance therewith. (3) The order of the department may require the adjustment of divisions between the carriers, in accordance with the order, from the date of filing the complaint or entry of order of investigation or such other date subsequent as the department finds justified. In the case of joint rates described by the department, the order as to divisions may be made effective as a part of the original order.

Ark. Code Ann. § 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 carrier in conjunction with a common carrier or carriers by railroad, express, or water, or any rule or practice affecting the rate, fare, or charge, or the value of the service thereunder is filed with the Arkansas Department of Transportation, the department is authorized and empowered to enter upon a hearing concerning the lawfulness of the rate, fare, or charge, or the lawfulness of a rule or practice, upon the complaint of any interested party or upon its own initiative, at once, if the department so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice. (b)(1) Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the rate, fare, or charge or such rule or practice for a period of thirty (30) days by filing with the schedule and delivering to the carriers affected thereby a statement in writing of its reasons for the suspension. (2) If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time, by order, may extend the period of suspension, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect. The department may make the order with reference thereto as would be proper in a proceeding instituted after it had become effective. (c) If the proceeding has not been concluded and an order made within the period of suspension, the proposed change, or rate, fare, or charge or classification, rule, or practice shall go into effect at the end of the period.

Ark. Code Ann. § 23-13-242 Common carriers — Rates, charges, rules, 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 motor vehicle, the Arkansas Department of Transportation shall give due consideration, among other factors, to: (1) The inherent advantages of transportation by carriers to the effect of rates upon the movement of traffic by the carriers; (2) The need, in the public interest, of adequate and efficient transportation service by the carriers at the lowest cost consistent with the furnishing of the service; and (3) The need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide the service. (b)(1) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of the carrier, either goodwill, earning power, or the certificate under which the carrier is operating. (2) In applying for and receiving a certificate under this subchapter, any common carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of the certificate.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-244 Tariffs of common carriers by motor vehicle.

(a)(1) Whenever an applicable tariff has not already been prescribed by the Arkansas Department of Transportation, every common carrier by motor vehicle shall file with the department and shall keep open to public inspection at all times tariffs showing all the rates, fares, and charges for transportation, and all services in connection therewith, of passengers or property between points on its own route and points on the route of any other common carrier, or on the routes of any common carrier by railroad, express, or water, when a through route and joint rate shall have been established. (2) The rates, fares, and charges shall be stated in terms of lawful money of the United States. (3) The tariffs required by this section shall be published, filed, and posted in such form and manner and shall contain such information as the department by rule shall prescribe. (4) The department is authorized to reject any tariff filed with it which is not in consonance with this subchapter and with its rules. Any tariff so rejected by the department shall be void, and its use shall be unlawful. (b)(1) No common carrier by motor vehicle shall charge, demand, collect, or receive a greater, lesser, or different compensation for transportation, or for any service in connection therewith, between the points enumerated in the tariff, than those rates, fares, and charges specified in the tariffs in effect at the time. (2) No such carrier shall refund or remit in any manner or by any device, directly or indirectly, or through any agent or broker or otherwise any portion of the rates, fares, or charges so specified, nor shall that carrier extend to any person any privilege or facilities for transportation except as are specified in its tariff. (c)(1) No change shall be made in any rate, fare, charge, or classification, or the value of the service thereunder, specified in any effective tariff of a common carrier by motor vehicle except after thirty (30) days' notice of the proposed change filed and posted in accordance with subsection (a) of this section. (2) The notice shall plainly state the change proposed to be made and the time when the change will take effect. (3) The department, in its discretion and for good cause shown, may allow such change upon notice less than that specified in this section or may modify the requirements of this section with respect to posting and filing of tariffs either in particular instances or by general order applicable to special or peculiar circumstances or conditions. (d) No common carrier by motor vehicle, unless otherwise provided by this subchapter, shall engage in the transportation of passengers or property unless the rates, fares, and charges upon which the passengers or property are transported by the carrier have been prescribed, or filed and published in accordance with the provisions of this subchapter.

Ark. Code Ann. § 23-13-245 Contract carriers — Schedule of minimum rates and charges, rules, 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 service rendered or to be rendered in the transportation of passengers or property or in connection therewith and to establish and observe reasonable minimum rates, fares, and charges. (b) It shall be the duty of every contract carrier by motor vehicle to file with the Arkansas Department of Transportation and to publish and keep open for public inspection, in the form and manner prescribed by the department, schedules containing the minimum rates or charges of the carrier actually maintained and charged for the transportation of passengers or property and any rule or practice affecting such rates or charges and the value of the service thereunder. (c) No contract carrier, unless otherwise provided by this subchapter, shall engage in the transportation of passengers or property unless the minimum charges for the transportation by the carrier have been published, filed, and posted in accordance with the provisions of this subchapter.

Ark. Code Ann. § 23-13-246 Contract carriers — Schedule of minimum rates and charges, rules, 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 with § 23-13-245, as affected by any rule or practice so filed, or may be prescribed by the Arkansas Department of Transportation from time to time. (b) It shall be unlawful for any contract carrier, by the furnishing of special services, facilities, or privileges, or by any other device whatsoever, to charge, accept, or receive less than the minimum charges so filed or prescribed. (c) However, any contract carrier, or any class or group thereof, may apply to the department for the relief from the provisions of § 23-13-245, and the department after hearing may grant such relief to such extent and for such time, and in such manner as in its judgment is consistent with the public interest and the transportation policy declared in this subchapter.

Ark. Code Ann. § 23-13-247 Contract carriers — Schedule of minimum rates and charges, rules 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 in any rate, rule, or practice affecting the charge or the value of services thereunder except after thirty (30) days' notice of the proposed change filed in the manner and form set forth in § 23-13-245. However, in its discretion and for good cause shown, the Arkansas Department of Transportation may allow such a change upon less notice or modify the requirements of § 23-13-245 with respect to posting and filing of the schedules, either in particular instances or by general order applicable to special or peculiar circumstances or conditions. (b) The notice shall plainly state the change proposed to be made and the time when the change will take effect.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-249 Contract carriers — Schedule of rules, etc., affecting rates, fares, etc. — Hearings — Suspension proceedings.

(a) Whenever a contract carrier by motor vehicle files with the Arkansas Department of Transportation any schedule stating a charge for a new service or a reduced charge directly, or by means of any rule or practice, for transportation of passengers or property, the department may enter upon a hearing concerning the lawfulness of such charge or such rule or practice upon complaint of interested parties or upon its own initiative at once, and if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice. (b) Pending the hearing and the decision thereon, the department from time to time may suspend the operations of the schedule and defer the use of the charge, or the rule or practice for a period of thirty (30) days, by filing such schedules and delivering to the carrier affected thereby a statement in writing of its reasons for the suspension. (c) If the proceeding has not been concluded and a final order made within the thirty-day period, the department from time to time may extend the period of suspension by order, but not for a longer period in the aggregate than ninety (90) days beyond the time when it would otherwise go into effect. (d)(1) After the hearing, whether completed before or after the charge, rule, or practice goes into effect, the department may make such order with reference thereto as would be proper in a proceeding instituted after it had become effective. (2) If the proceeding has not been concluded and an order made therein within the period of suspension, the proposed change in any rule or practice shall go into effect at the end of such a period.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-264 Disposition of forfeited bonds and fines.

One-half (½) of the amount of forfeited bonds and one-half (½) 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.

Ark. Code Ann. § 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 § 23-13-206(a)(6) to use any of the public highways of this state for the transportation of property for hire in intrastate commerce without possessing a copy of an annual receipt from the State Highway Commission permitting those operations. (2) Copies of the annual receipt shall be made and maintained in the cab of the power unit of each motor vehicle operated over the highways of this state while transporting property for hire intrastate. (3)(A) Every application for a permit for the transportation of property by a carrier shall be in writing on a form to be specified by the commission. (B) The application shall contain and be accompanied by the following: (i) The name and trade name, if any, and address or location of the principal office or place of business of the applicant; (ii) A statement giving full information concerning the ownership, reasonable value, and physical condition of vehicles and other property to be used by the applicant in the intrastate operations; (iii) A full and complete financial statement giving detailed information concerning the financial condition of the applicant; (iv) Proof of public liability insurance in the amounts set out in all rules made and promulgated by the commission; (v) In the event the motor carrier did not hold a valid certificate or permit authorizing intrastate transportation by motor vehicle in this state on December 31, 1994, remittance of a processing fee in the amount of twenty-five dollars ($25.00); (vi) Remittance of an insurance filing fee in the amount of five dollars ($5.00) for each motor vehicle, truck, or truck-tractor, to be operated in the State of Arkansas in intrastate operations; (vii)(a) Remittance of a copy of the motor carrier's latest United States Department of Transportation safety rating or, in the event the carrier has not been given a safety rating, a signed notarized statement indicating the company's intention to comply with all United States Department of Transportation safety regulations. (b) At any time as may be practical, a physical inspection of the equipment may be made by the Arkansas Highway Police Division of the Arkansas Department of Transportation; (viii) At the option of the applicant, the motor carrier may request that any and all laws, regulations, or other provisions relating to uniform cargo liability rules, uniform bills of lading and receipts for property being transported, uniform cargo credit rules, or antitrust immunity for joint line rates or routes, classification, and mileage guides, apply to the carrier; and (ix) Any other information that may be required by the commission. (b)(1) Every motor carrier of property complying to the satisfaction of the commission with the provisions of subsection (a) of this section shall be issued a receipt for the current year indicating the name of the motor carrier's company, the principal place of business of the carrier, and the number of motor vehicles to be operated in Arkansas. (2)(A) Copies of the receipt shall be made by the motor carrier and shall be maintained in the power unit of each motor vehicle operated over the highways of Arkansas while transporting property for hire intrastate. (B) The receipt shall be presented by the driver of the motor vehicle for inspection by any authorized government personnel. (C) Failure to carry the receipt and maintain adequate proof of public liability insurance shall subject the motor carrier to the civil and criminal penalties and fines as are authorized by this subchapter. (c)(1) Every motor carrier of property which held a valid certificate or permit authorizing intrastate transportation by motor vehicle in the state on December 31, 1994, shall continue to be authorized to transport property for hire in the state and shall be issued an annual receipt after complying with the provisions of subdivisions (a)(3)(B)(iv), (vi), (viii), and (ix) of this section. Provided, neither the previously held certificate, the previously held permit, nor any annual receipt issued pursuant to this section shall have any asset value. (2) Every motor carrier of property initially complying with all the provisions of subsection (a) of this section to the satisfaction of the commission and issued an annual receipt shall thereafter be issued an annual receipt upon complying with subdivisions (a)(3)(B)(iv), (vi), (viii), and (ix) of this section. (d) The annual fee required by subdivision (a)(3)(B)(vi) of this section shall not be required for each motor vehicle if the motor carrier of property otherwise remits the proper annual registration fees to the commission pursuant to § 23-13-235, or the motor carrier of property otherwise remits the proper annual registration fees for the benefit of the State of Arkansas to the motor carrier's base state. (e) Notwithstanding any other provision of this section to the contrary, the commission shall have the authority to periodically review the motor carrier's fitness and shall have the authority to suspend or revoke the annual receipt or other credential granting the right of the motor carrier to operate intrastate if the motor carrier is determined by the commission to be unfit or unsafe, or fails to maintain adequate public liability insurance. (f) The commission shall have the authority to make and promulgate rules for the implementation of this section. (g) All fees received by the commission pursuant to subsection (a) of this section shall be deposited with the Treasurer of State and classified as general revenues for distribution and usage as provided by the laws of this state; provided, one and one-half percent (1.5%) of all the funds so deposited shall be classified as special revenues and transferred by the Treasurer of State on the last business day of each month in which they are deposited to the Arkansas Department of Transportation Fund to be utilized by the Arkansas Department of Transportation for the purpose of administering this subchapter.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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, § 19-40-101 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 Arkansas Department of Transportation 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-701 Title.

This subchapter shall be known and may be cited as the “Transportation Network Company Services Act”.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-709 Insurance requirements.

(a)(1) On and after July 22, 2015, a transportation network company driver or a transportation network company on the driver's behalf shall maintain primary automobile insurance that: (A) Recognizes that the driver is a transportation network company driver and covers the driver while the driver is logged on to the transportation network company's digital network while the driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to provide transportation network services; (B)(i) Provides primary automobile liability insurance in the amount of at least fifty thousand dollars ($50,000) for death and bodily injury per person, one hundred thousand dollars ($100,000) for death and bodily injury per incident, and twenty-five thousand dollars ($25,000) for property damage while a participating transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride. (ii) The coverage requirements described in subdivision (a)(1)(B)(i) of this section may be satisfied by any combination of: (a) Automobile insurance maintained by the transportation network company driver; or (b) Automobile insurance maintained by the transportation network company; (C)(i) Provides primary automobile liability insurance coverage of at least one million dollars ($1,000,000) for death, bodily injury, and property damage while a transportation network company driver is engaged in a prearranged ride. (ii) The coverage requirements described in subdivision (a)(1)(C)(i) of this section may be satisfied by any combination of: (a) Automobile insurance maintained by the transportation network company driver; or (b) Automobile insurance maintained by the transportation network company. (2) If insurance maintained by a driver under subdivision (a)(1)(B) or subdivision (a)(1)(C) of this section has lapsed or does not provide the required coverage, the insurance maintained by a transportation network company shall provide the coverage required under this subsection beginning with the first dollar of a claim, and the insurer has the duty to defend the claim. (3) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer's first denial of a claim, nor shall a personal automobile insurance policy be required to first deny a claim. (4) Insurance required under this subsection may be placed with an insurer authorized to do business in this state or with a surplus-lines insurer eligible under § 23-65-305. (5) Insurance that satisfies the requirements of this subsection shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under § 27-22-101 et seq. and the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq. (6)(A) A transportation network company driver shall carry proof of coverage satisfying subdivision (a)(1)(B) or subdivision (a)(1)(C) of this section with him or her during his or her use of a motor vehicle in connection with a transportation network company's digital network. (B) In the event of an accident, a transportation network company driver shall provide insurance coverage information required under subdivision (a)(6)(A) of this section to the directly interested parties, automobile insurers, and investigating police officers upon request under the Arkansas Voluntary Enhanced Security Driver's License and Identification Card Act, § 27-16-1201 et seq. (C) Upon a request under subdivision (a)(6)(B) of this section, a transportation network company driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether he or she was logged on to the transportation network company's digital network or was on a prearranged ride at the time of the accident. (b) A transportation network company shall disclose in writing to transportation network company drivers the following before they are allowed to accept a request for a prearranged ride on the transportation network company's digital network: (1) The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; and (2) That the transportation network company driver's own automobile insurance policy might not provide any coverage while the transportation network company driver is logged on to the transportation network company's digital network and is available to receive prearranged ride requests or is engaged in a prearranged ride, depending on the terms of the insurance policy. (c)(1) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the owner's insurance policy for any loss or injury that occurs while a transportation network company driver is logged on to a transportation network company's digital network or while a transportation network company driver provides a prearranged ride. (2) The right to exclude all coverage under subdivision (c)(1) of this section may apply to any coverage included in an automobile insurance policy, including without limitation: (A) Liability coverage for bodily injury and property damage; (B) Personal injury protection coverage as described in § 23-89-202; (C) Uninsured and underinsured motorist coverage; (D) Medical payments coverage; (E) Comprehensive physical damage coverage; and (F) Collision physical damage coverage. (3) An exclusion permitted under subdivision (c)(2) of this section shall apply notwithstanding any requirement under § 27-22-101 et seq. and the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq. (4) An automobile insurer that excludes the coverage described in subsection (a) of this section shall have no duty to defend or indemnify any claim expressly excluded thereunder. (5) Nothing in this subchapter shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in Arkansas prior to the enactment of this subchapter, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. (6) This section does not imply or require that a personal automobile insurance policy provide coverage while a transportation network company driver is logged on to the transportation network company's digital network, while the transportation network company driver is engaged in a prearranged ride, or while the transportation network company driver otherwise uses a motor vehicle to provide transportation network services. (7) This section does not preclude an insurer from providing coverage for the transportation network company driver's motor vehicle, if it so chose to do so by contract or endorsement. (8)(A) An automobile insurer that excludes the coverage described in subdivision (c)(2) of this section shall have no duty to defend or indemnify any claim expressly excluded thereunder. (B) This section does not invalidate or limit an exclusion contained in an insurance policy, including any policy in use or approved for use in this state before July 22, 2015, that excludes coverage for a vehicle used to carry a person or property for a charge or available for hire by the public. (9) An automobile insurer that defends or indemnifies a claim against a transportation network company driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same transportation network company driver in satisfaction of the coverage requirements of subsection (a) of this section at the time of loss. (d) In a claims coverage investigation, a transportation network company and any insurer potentially providing coverage under subsection (a) of this section shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the transportation network company driver, if applicable, including the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident and disclose to each other a clear description of the coverage, exclusions, and limits provided under any automobile insurance policy maintained under subsection (a) of this section.

Ark. Code Ann. § 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.

Ark. Code Ann. § 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.

Ark. Code Ann. § 23-13-712 Drug or alcohol use prohibited.

(a) A transportation network company shall: (1) Implement a zero-tolerance policy prohibiting the use of drugs or alcohol while a transportation network company driver is providing transportation network company services or is logged into the transportation network company's website, digital network, or software application, but is not providing transportation network company services; and (2) Provide notice on its website, digital network, and software application of the zero-tolerance policy and its procedures to report a complaint about a transportation network company driver with whom a passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the time that transportation network company services were provided. (b)(1) Upon receipt of a passenger complaint under this section, the transportation network company shall immediately suspend the transportation network company driver's access to the transportation network company's website, digital network, and software application, and shall conduct an investigation into the reported incident. (2) The suspension shall last until the investigation is completed. (c) The transportation network company shall maintain records relevant to a complaint under this section for at least two (2) years from the date the complaint is received by the transportation network company.

Ark. Code Ann. § 23-13-713 Driver requirements.

(a) Before permitting an individual to act as a transportation network company driver on its website, digital network, or software application, a transportation network company shall: (1) Require the individual to submit an application to the transportation network company that includes information regarding the individual's address, age, driver's license, driving history, motor vehicle registration, motor vehicle liability insurance coverage, and other information required by the transportation network company; (2) Conduct, or have a third party conduct, a state and national criminal background check for each applicant that includes searching: (A) A multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation of primary source searches; and (B) The National Sex Offender Registry database; and (3) Obtain and review the individual's driving history. (b) A transportation network company shall not permit an individual to act as a transportation network company driver on its website, digital network, or software application who at the time of submitting an application: (1) Has had more than three (3) moving violations or has had one (1) major violation within the previous three (3) years, including without limitation attempting to evade the police, reckless driving, or driving on a suspended or revoked license; (2) Has been convicted within the past seven (7) years of driving under the influence of drugs or alcohol, fraud, a sexual offense, using a motor vehicle to commit a felony, or a crime involving property damage, theft, acts of violence, or acts of terror; (3) Is a match in the National Sex Offender Registry database; (4) Does not possess a valid driver's license; (5) Does not possess proof of registration for the motor vehicle or motor vehicles to be used to provide transportation network company services; (6) Does not possess proof of motor vehicle liability insurance coverage for the motor vehicle or motor vehicles to be used to provide transportation network company services; or (7) Is not at least nineteen (19) years of age.

Ark. Code Ann. § 23-13-714 Compliance with motor vehicle safety and emissions requirements.

(a) A transportation network company shall not allow a transportation network company driver to accept trip requests through the transportation network company's website, digital network, or software application unless the motor vehicle that the transportation network company driver will use to provide transportation network company services meets the state's motor vehicle safety and emissions requirements for a private motor vehicle or the safety and emissions requirements for a private motor vehicle of the state in which the motor vehicle is registered. (b)(1) A transportation network company shall verify that an initial safety inspection of a motor vehicle used as a transportation network company motor vehicle is conducted by a mechanic within ninety (90) days of beginning service. (2) The inspection shall be performed or supervised by a mechanic certified by the National Institute for Automotive Service Excellence. (3) A safety inspection conducted under this subsection shall include a check of the following motor vehicle equipment to ensure that the equipment is safe and in proper operating condition: (A) Foot brakes; (B) Emergency parking brake; (C) Suspension and steering mechanisms; (D) Windshield; (E) Rear window and other glass; (F) Windshield wipers; (G) Headlights; (H) Taillights; (I) Turn indicator lights; (J) Brake lights; (K) Front seat adjustment mechanism; (L) Doors, including the opening, closing, and locking mechanisms; (M) Horn; (N) Speedometer; (O) Bumpers; (P) Muffler and exhaust system; (Q) Tires, including their condition and tread depth; (R) Interior and exterior rear view mirrors; and (S) Safety belts for driver and passengers.

Ark. Code Ann. § 23-13-715 Street hails prohibited.

A transportation network company driver shall not solicit or accept a passenger who hails the transportation network company driver from the street.

Ark. Code Ann. § 23-13-716 Cash trips prohibited.

(a) A transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify transportation network company drivers of the policy. (b) Transportation network company drivers shall not solicit or accept cash payments from passengers. (c) A payment for transportation network company services shall be made only electronically using the transportation network company's digital network or software application.

Ark. Code Ann. § 23-13-717 Nondiscrimination — Accessibility.

(a) A transportation network company shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify transportation network company drivers of its policy. (b) Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers. (c) Transportation network company drivers shall comply with all applicable laws to accommodate service animals. (d) A transportation network company shall not impose additional charges for providing services to a person with a physical disability because of the disability. (e)(1) A transportation network company shall provide a passenger an opportunity to indicate whether he or she requires a wheelchair-accessible motor vehicle. (2) If a transportation network company cannot arrange wheelchair-accessible transportation network company service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.

Ark. Code Ann. § 23-13-718 Records — Inspection.

(a) A transportation network company shall maintain: (1) Individual trip records for at least one (1) year from the date each trip was provided; (2) Transportation network company driver records for at least one (1) year from the date a transportation network company driver was active on the transportation network company's website, digital network, or software application; and (3) Any other records required by this subchapter. (b) In response to a specific complaint, the Arkansas Public Service Commission or its employees or duly authorized agents may inspect records held by a transportation network company that are needed to investigate or resolve the complaint. (c)(1) No more than annually as determined by rule of the commission, the commission or its employees or duly authorized agents may in a mutually agreed-upon setting inspect or, if inspection is not feasible, be provided copies of records required to be maintained by a transportation network company under this subchapter that are necessary to ensure public safety. (2) The inspection of records under subdivision (c)(1) of this section shall be on an audit rather than a comprehensive basis. (d)(1) Records obtained by the commission under this subchapter pertaining to transportation network company services, transportation network company drivers, or transportation network company drivers' motor vehicles: (A) Are not subject to disclosure to a third party by the commission; and (B) Are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) Nothing in this subsection shall be construed as limiting the applicability of any other exemptions under the Freedom of Information Act of 1967, § 25-19-101 et seq., to any other records obtained by the commission under this subchapter.

Ark. Code Ann. § 23-13-719 Status of transportation network company drivers — Workers' compensation coverage not applicable.

(a) Notwithstanding any provision of law to the contrary, a transportation network company driver is an independent contractor and not the employee of the transportation network company if: (1) The transportation network company does not prescribe specific hours during which a transportation network company driver must be logged into the transportation network company's website, digital platform, or software application; (2) The transportation network company imposes no restrictions on the transportation network company driver's ability to utilize a website, digital network, or software application of other transportation network companies; (3) The transportation network company does not assign a transportation network company driver a particular territory in which transportation network company services may be provided; (4) The transportation network company does not restrict a transportation network company driver from engaging in any other occupation or business; and (5) The transportation network company and transportation network company driver agree in writing that the transportation network company driver is an independent contractor of the transportation network company. (b) A transportation network company that complies with subsection (a) of this section is not required to provide workers' compensation coverage for a transportation network company driver that is classified as an independent contractor under this section.

Ark. Code Ann. § 23-13-720 Exclusive authority.

(a)(1) Transportation network companies and transportation network company drivers are governed exclusively by this subchapter and any rules promulgated by the Arkansas Public Service Commission consistent with this subchapter. (2) This subchapter does not limit the Arkansas Department of Transportation, the Division of Arkansas State Police, the Attorney General, other state agencies, law enforcement, and local governments within this state from enforcing state and federal laws or regulations of general applicability that apply to transportation network companies and transportation network company drivers. (b)(1) Except as provided in subdivision (b)(2) of this section, a county, municipality, or other local entity shall not tax or license a transportation network company, a transportation network company driver, or a motor vehicle used by a transportation network company driver if the tax or license relates to providing transportation network company services or subjects a transportation network company to any type of rate, entry, operational, or other requirement of the county, municipality, or other local entity. (2) A municipal airport commission created under the Airport Commission Act, § 14-359-101 et seq., or a regional airport authority created under the Regional Airport Act, § 14-362-101 et seq., may impose tolls and fees as authorized by §§ 14-359-109 and 14-362-109 upon a: (A) Transportation network company; (B) Transportation network company driver; or (C) Motor vehicle used by a transportation network company driver.

Ark. Code Ann. § 23-13-721 Penalties.

(a) The Arkansas Public Service Commission may levy a fine not to exceed: (1) One thousand dollars ($1,000) for a violation of this subchapter; and (2) Five thousand dollars ($5,000) for a knowing violation of this subchapter. (b) To determine the amount of the fine, the commission shall consider relevant factors, including without limitation: (1) The appropriateness of the penalty to the size of the business of the transportation network company charged with the violation; (2) The severity of the violation; (3) The good faith of the transportation network company charged with the violation in attempting to achieve compliance with this subchapter after being notified of the violation; and (4) Any history of previous violations of this subchapter by the transportation network company charged with the violation.

Ark. Code Ann. § 23-13-722 Rules.

The Arkansas Public Service Commission may promulgate rules to implement this subchapter.

Ark. Code Ann. § 23-13-801 Title.

This subchapter shall be known and may be cited as the "Regulation of Ground Transportation at Municipal Airports and Regional Airports Act".

Ark. Code Ann. § 23-13-802 Airport authority — Definition.

(a) As used in this subchapter, “peer-to-peer car-sharing program” means a business platform that connects a motor vehicle owner with a motor vehicle driver to enable the sharing of a motor vehicle for financial consideration under the Peer-to-Peer Car-Sharing Program Act, § 27-25-101 et seq. (b) A municipal airport created under the Airport Commission Act, § 14-359-101 et seq., may impose regulations, tolls, and fees on a peer-to-peer car-sharing program as authorized under § 14-359-109. (c) A regional airport authority under the Regional Airport Act, § 14-362-101 et seq., may impose regulations, tolls, and fees on a peer-to-peer car-sharing program as authorized under § 14-362-109.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.23.htmlFetched: 11/8/2026