Operation and Maintenance of Railroads

Ark. Code Ann. tit. 23, ch. 12

in effect

Ark. Code Ann. § 23-12-101 Sections 23-12-101 — 23-12-103 cumulative.

The provisions of this section and §§ 23-12-102 and 23-12-103 shall be regarded as cumulative, and nothing therein shall be so construed as to repeal any other act now in force, nor to in any way curtail or limit the powers and duties of the Arkansas Department of Transportation.

Ark. Code Ann. § 23-12-102 Inspection of railroads by department.

The Arkansas Department of Transportation shall carefully examine the condition of the railroads of this state as often as the department considers necessary.

Ark. Code Ann. § 23-12-103 Unsafe tracks, bridges, etc. — Inspection — Notice to railroad of necessary repairs, etc. — Failure to repair or to stop traffic — Liability for injuries — Penalties.

(a)(1) It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any railroads in this state are in a condition that renders any of them dangerous or unfit for the transportation of passengers with reasonable safety. (2) If, upon examination, in its opinion, any such tracks, bridges, or other structures or works are unfit for the transportation of passengers with reasonable safety, it shall be its duty to give to the superintendent or other executive officer of the company working or operating the defective tracks, bridges, or other structures notice of the condition thereof, and of the repairs necessary to place them in safe condition. The department may also order and direct the speed of trains over such dangerous and defective tracks, bridges, or other structures until the repairs are made and the time within which the repairs shall be made by the company. (b)(1) If any such superintendent or executive officer receiving the notice and order willfully neglects, for the period of two (2) days after receiving the notice and order, to direct the proper subordinate officers to move the passenger trains over the defective track, bridge, or other structure at the speed prescribed by the department, or if any engineer, conductor, or other employee of the company disobeys the order of the superintendent or officer whose duty it is to issue the order, then every such superintendent, conductor, engineer, or other employee shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding five hundred dollars ($500) or be imprisoned in the county jail of the proper county for a period not exceeding one (1) year, or both, at the discretion of the court. (2) In case the disregard of the instructions of the department shall cause any accident whereby human life shall be lost or passengers maimed or wounded, the superintendent of the company, and the engineer and conductor in charge of the train, shall severally be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for a period of not fewer than two (2) nor more than ten (10) years. (3) The department shall have power to wholly stop the running of passenger trains over the defective track, bridge, or other structure. (c) The department is required, in case any company fails to repair the track, bridge, or other structure within the time required, to give notice of the fact to the traveling public in some newspaper having a general circulation along the line of the railroad. (d) The department may recover from the railroad company the sum of one thousand dollars ($1,000) for each day that expires after the time fixed by the department for the repair of the defective track, bridge, or other structure for neglect to repair the same unless good and sufficient cause can be shown for the failure to repair the defective track, bridge, or other structure. Such sum may be recovered before any court having competent jurisdiction for the use and benefit of the State of Arkansas, after paying the costs of the advertisement herein provided for.

Ark. Code Ann. § 23-12-104 Number and frequency of trains and streetcars.

(a) If in the judgment of the Arkansas Department of Transportation any railroad corporation or street railroad corporation does not run trains enough or cars enough or possess or operate motive power enough reasonably to accommodate the passenger and freight traffic transported by or offered for transportation to it, or does not run its trains or cars with sufficient frequency or at reasonable or proper time, having regard to safety, or does not run any train or car upon a reasonable time schedule for the run, then, after a hearing either on its own motion or after complaint, the department shall have power to make an order directing any such railroad corporation or street railroad corporation to increase the number of its trains or of its cars or its motive power, or to change the time for starting its trains or cars, or to change the time schedule for the run of any train or car, or make any other suitable order that the department may determine reasonably necessary to accommodate and transport the passenger or freight traffic transported or offered for transportation. (b) No railroad corporation, street railroad corporation, or common carrier shall abandon, take up, or cease to operate for the transportation of passengers or freight any line, or any portion of its line, which it may deem no longer necessary for the successful operation of its road and for the convenience of the public without first obtaining the permission and approval of the department. (c) Nothing in this section shall authorize the department to make any order with reference to the amount of cars or motive power or with reference to the schedule or with reference to the operation or nonoperation of that part of any street railroad within the limits of any municipality of this state. It is the intention of this act that the jurisdiction as to such matters shall be elsewhere under this act delegated to municipal councils and city commissions of this state.

Ark. Code Ann. § 23-12-105 Attorney's fee taxed in suits for transportation violations.

In all actions at law or suits in equity against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state, or partly therein, for the violation of any law regulating the transportation of freight or passengers by any such railroad, if the plaintiff recovers in any such action or suit he or she shall also recover a reasonable attorney's fee, to be taxed as part of the costs therein and collected as other costs may be by law collected.

Ark. Code Ann. § 23-12-201 Maintenance of right-of-way free from obstructions — Penalty.

(a)(1) All railroad corporations operating in this state shall maintain their right-of-way at or around any railroad crossing of a public road or highway free from grass, trees, bushes, shrubs, or other growing vegetation which may obstruct the view of pedestrians and vehicle operators using the public highways. (2) The maintenance of the right-of-way shall be for a distance of fifty feet (50') on each side of the centerline between the rails for the maintenance width and for a distance of one hundred yards (100 yds.) on each side of the centerline from the public road or highway for the maintenance length. (b) Any railroad corporation failing or refusing to comply with the provisions of this section shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.

Ark. Code Ann. § 23-12-202 Permitting certain weeds to seed on right-of-way unlawful — Recovery of damages.

(a) It shall be unlawful for any railroad or railway company or corporation doing business in this state to permit any Johnson grass or Russian thistle to mature or go to seed upon any right-of-way owned, leased, or controlled by the railroad or railway company or corporation in this state. (b)(1) If it shall appear upon the suit of any person owning, leasing, or controlling land contiguous to the right-of-way of any such railroad or railway company, or corporation, that the railway or railroad company or corporation has permitted any Johnson grass or Russian thistle to mature or go to seed upon their right-of-way, the person so suing shall recover from the railroad or railway company or corporation the sum of twenty-five dollars ($25.00) and any such additional sum as he or she may have been damaged by reason of the railroad or railway company or corporation permitting Johnson grass or Russian thistle to mature or go to seed upon their right-of-way. (2) However, any owner of land or any person controlling land contiguous to the right-of-way of any such railroad or railway company or corporation who permits any Johnson grass or Russian thistle to mature or go to seed upon the land shall have no right to recover from the railroad or railway company or corporation, as provided for in this section.

Ark. Code Ann. § 23-12-203 Clearing right-of-way following derailment or wreck.

(a) Any railroad operating in this state shall be required to clear its right-of-way of debris and wrecked equipment within ninety (90) days following any derailment or train wreck. (b) In the event any railroad fails to comply with this requirement the Arkansas Department of Transportation, upon petition of any ten (10) citizens, shall conduct a hearing for the purpose of determining the cause of the railroad's failure to comply with this requirement. (c) The department is authorized to file suit in a court of competent jurisdiction for an order requiring the railroad's compliance with this section.

Ark. Code Ann. § 23-12-204 Drainage of roadbed — Penalty for noncompliance.

(a) Any railroad company or corporation conducting or operating a line or lines of road is required, and it is made the duty of any such company or corporation, to effectually drain their respective roadbeds in all cases where the lack of drainage has been produced by the construction of the road wherever they pass a station, or within two hundred yards (200 yds.) of a farmhouse or residence, by constructing ditches or underdrains, either parallel or at an angle with their roadbed, of sufficient width, depth, and capacity to carry off all the water rapidly. (b)(1) Any railroad company or corporation or any officer or agent or employee of any railroad company or corporation who shall knowingly and willfully violate the provisions of this section shall be liable to pay a penalty of not less than fifty dollars ($50.00) for each and every offense. The costs of suit, including a reasonable attorney's fee, are to be taxed by the court where the suit is heard on original action, by appeal or otherwise, and are to be recovered by a suit at law by the party aggrieved in any court of competent jurisdiction. (2) Twenty (20) days' notice shall be given to the officer, agent, or employee, as the case may be, of any violation of this section, before a cause of action shall accrue.

Ark. Code Ann. § 23-12-205 Sale of certain abandoned rights-of-way to municipalities.

(a) The term “abandons” as used in this section shall not include the nonuse of rights-of-way of a railroad that is presently inactive as a result of the insolvency of the railroad company if there are on-going efforts by either the railroad company or any governmental unit or civic organization to rehabilitate the railroad for the purpose of reestablishing rail service in the area. (b)(1) When a railroad abandons a right-of-way which was acquired by eminent domain, and where there is a municipally owned natural gas pipeline buried thereon or there is a municipally owned natural gas pipeline buried on that railroad's right-of-way at a point within ten (10) miles of the abandoned right-of-way, the railroad shall offer to sell the abandoned right-of-way to the municipality at the fair market value of the right-of-way. (2) If the municipality wishes to purchase the right-of-way, the municipality shall so notify the appropriate railroad representative and the railroad shall, within sixty (60) days after being so notified, establish the fair market value of the right-of-way and offer to sell it to the municipality. (3) If the railroad fails to do so, the municipality may petition the circuit court for the appointment of three (3) appraisers to establish the fair market value of the right-of-way and for an order directing the railroad to offer to sell the right-of-way to the municipality for the fair market value established by the appraisers. (c) An offer by a railroad to sell rights-of-way for the fair market value shall constitute a continuing offer granting the municipality the first right of refusal, and, in instances where a third party makes an offer to the railroad to purchase the abandoned right-of-way, the municipality shall have thirty (30) days from the date of offer by the third party to exercise its right of first refusal.

Ark. Code Ann. § 23-12-206 Rail line abandonment process.

(a) After an operator of a railroad within the State of Arkansas has filed a notice of rail line abandonment consistent with the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, and notice of the proposed rail line abandonment has been received by the Arkansas Economic Development Council, the council shall notify appropriate entities of the proposed abandonment. (b)(1) Within ten (10) working days of receipt of a notice to abandon a rail line by an operator of a railroad within the State of Arkansas, the council shall notify in writing: (A) All regional mobility authorities and all regional intermodal authorities that are directly affected by the proposed rail line abandonment within their areas of jurisdiction; and (B) If no regional mobility authorities or regional intermodal authorities exist within the region to be affected by the proposed rail line abandonment, all mayors and county judges who are directly affected by the proposed rail line abandonment within their areas of jurisdiction. (2) If there is an existing regional mobility authority or regional intermodal authority that is directly affected by a proposed rail line abandonment in their areas of jurisdiction, either or both of these authorities shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of their interest or lack of interest in obtaining or preserving the rail line proposed for abandonment. (3) If there is no existing regional mobility authority or regional intermodal authority in the area proposed for rail line abandonment, the affected mayors and county judges within the area of the proposed rail line abandonment shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of: (A) Their lack of interest in obtaining and preserving the rail line proposed for abandonment; (B) Their interest in obtaining or preserving through existing resources the rail line proposed for abandonment; or (C) Their interest in forming a new regional mobility authority or regional intermodal authority, part of whose purpose would be to obtain or preserve the rail line proposed for abandonment. (4) If the mayors or county judges, or both, in the areas directly affected by the proposed rail line abandonment respond indicating their intention to form a new regional mobility authority or regional intermodal authority, part of the purpose of which would be to obtain or preserve the rail line proposed for abandonment, the mayors or county judges are allowed not more than one hundred twenty (120) days from the notice of the proposed rail line abandonment to form a regional mobility authority or regional intermodal authority to obtain or preserve the rail line proposed for abandonment. (5) Any costs associated with maintenance of the rail line proposed for abandonment shall be borne by the receiving party from the date of the notice of the proposed rail line abandonment until the ownership or preservation of the abandoned rail line has been determined.

Ark. Code Ann. § 23-12-207 Transfer of ownership or responsibility of railroad right-of-way.

(a) Any municipality, county, regional mobility authority, or regional intermodal authority may choose to operate or lease for operation any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206. (b) Any municipality, county, regional mobility authority, or regional intermodal authority acquiring ownership of any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206 shall be responsible for any maintenance of the abandoned rail line.

Ark. Code Ann. § 23-12-301 Railroad crossings to be under supervision of commission.

The State Highway Commission shall have exclusive power to: (1) Determine and prescribe the manner, including the particular point, of crossing and the terms of installation, operation, maintenance, apportionment of expenses, use, and protection of each crossing of one (1) railroad by another railroad or street railroad by a railroad, so far as applicable; (2) Alter or abolish any such crossing; and (3) Require, where, in its judgment, it would be practical, a separation of grades of any such crossing and prescribe the terms upon which the separation shall be made and the proportions in which the expense of the alteration or abolition of the crossings or the separation of the grades shall be divided between the railroad or street railroad corporations affected or between the corporations and the state, county, municipality, or other public authority in interest.

Ark. Code Ann. § 23-12-302 Railroad switch connections to be permitted.

Every railroad company shall permit switch connections for intrastate business to be made with its tracks at suitable and safe points by other carriers or shippers upon such terms and conditions as the Arkansas Department of Transportation may prescribe whenever, in the judgment of the department, it can be done with reasonable safety and whenever the business to be offered by the connecting company or shipper justifies it.

Ark. Code Ann. § 23-12-303 Connections or crossings with other railroads — Compensation — Damages.

(a)(1) Every railroad corporation created and organized under the laws of this state or created and organized under the laws of any other state or the United States and operating a railroad in this state shall have the power to cross, intersect, join, or unite its railroad with any other railroad at any point on its route and upon the grounds and right-of-way of the other railroad company with the necessary turnouts, sidings, and switches and other conveniences in furtherance of the object of its construction. (2) Every railroad company whose railroad is or shall be crossed, joined, or intersected by any new railroad shall unite with the owners and corporation of the new railroad in forming the crossing, intersection, and connection and shall grant to the railroads so crossing, intersecting, or uniting all the necessary facilities for that purpose as aforesaid. (b) If the two (2) corporations cannot agree upon the amount of compensation to be made for the purposes set forth in subsection (a) of this section or the points or manner of the crossing, junctions, or intersections, the compensation shall be ascertained and determined by a court of competent jurisdiction in the same manner as provided for the ascertainment of damages for right-of-way for railroads. (c) Any railroad company violating any of the provisions of this section shall forfeit and pay to the company injured thereby double the amount of damages which the injured company may have sustained, to be recovered in any court of competent jurisdiction.

Ark. Code Ann. § 23-12-304 Inspection of road crossings by commission — Hearings and orders.

(a)(1) It shall be the duty of the State Highway Commission, or any representative of it, to inspect any road or street crossing in this state, either on its own initiative or when its attention is called to it by any citizen. (2) Upon a hearing the commission may make an order requiring the railroad company to protect the crossing in any manner which it considers just and reasonable, whether the crossings are at grade or over or under crossing and whether a public or private crossing. (b)(1) It shall further be the duty of the commission, or any representative thereof, to make a personal inspection of any designated place where it is desired that a road or street, either public or private, cross any railroad in this state. (2) Upon ten (10) days' notice as required by law and after a public hearing, the commission may make such order as in its judgment shall be just and proper. The order may provide for a crossing at grade, over or under the railroad, and shall be enforced as other orders made by the commission. (c) By applicable federal law, the United States Congress has declared that laws, rules, regulations, orders, and standards relative to railroad safety shall be nationally standard to the extent practicable and that each state shall conduct and maintain a survey of all crossings and assign priorities from a safety standpoint for appropriate improvements and protective devices. The commission has made the survey, given the crossings in Arkansas hazardous index ratings, and now administers the crossing safety program in Arkansas. In view of the above, the commission is hereby designated as the sole public body to deal with, and shall have exclusive jurisdiction over, the location and construction of new, and the improving and protecting of new and existing, street, road, and highway railroad crossings in Arkansas.

Ark. Code Ann. § 23-12-306 Public roads to cross railroads at right angles.

(a) When any public road or highway is laid out, opened, repaired, or improved by authority of any general law of the state, by any special act of the General Assembly, by order of any county court, or in any other lawful manner, and the road or highway as promulgated shall cross or intersect any railroad right-of-way or track at grade, the commissioners of the road or highway, or such other authorities as may be engaged in the construction, repair, or improvement thereof, shall lay out and construct the road or highway so as to cross the railroad right-of-way and tracks at right angles. However, if the topography of the ground at any crossing will not reasonably permit the crossing to be constructed at right angles to the railroad right-of-way or track, then the road or highway crossing may be made as nearly at right angles to the railroad right-of-way and track as may be practicable. (b) Failure of the commissioners or other authorities engaged in the construction, repair, or improvement of any road or highway to so lay out and provide for the construction of the crossings shall entitle and authorize any interested person or property owner to enjoin the construction of the road or highway crossing in any other manner.

Ark. Code Ann. § 23-12-308 Removal of fences for public convenience — Penalty for noncompliance.

(a) At all public crossings, at all places where the streets abut the railroad right-of-way, and at all other places where the public convenience demands it in all cities and incorporated towns, all railroads in this state shall remove all fences from such places in the cities and towns when the cities and towns shall demand the removal by ordinance. (b)(1) Thirty (30) days' notice shall be given the railroads of the passage of such an ordinance. (2) All railroads thus notified shall remove the fences within sixty (60) days from the date notice is given. (c) All railroads failing or refusing to comply with this section shall be guilty of an offense and shall be fined the sum of twenty-five dollars ($25.00) for every day intervening between the day of the expiration of the sixty (60) days and the removal of the fences.

Ark. Code Ann. § 23-12-402 Locomotives to have headlights of requisite candlepower.

(a) Any company, corporation, or officer of court, owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, shall be required to equip, maintain, and use on each and every locomotive being operated in road service in this state in the nighttime a headlight of power and brilliancy of one thousand five hundred (1,500) candlepower. (b) Any company, corporation, or officer of court owning or operating a railroad over fifty (50) miles in length, which is in whole or in part within this state, violating the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than three hundred dollars ($300) nor more than five hundred dollars ($500) for each separate offense. The amount shall be recovered in a civil action in the name of the state. (c) It is made the duty of any prosecuting attorney of any district in this state to enforce the provisions of this section when a complaint is properly filed in his or her office.

Ark. Code Ann. § 23-12-404 Equipment required on track motor cars.

(a) No railroad company in this state shall use any track motor car for the transportation of its employees unless the motor car is equipped with a windbreaker, a red taillight, and an electric headlight of sufficient brilliancy to distinguish an object the size of a man at a distance of three hundred feet (300'). (b) Any company, corporation, or officer of court owning or operating a railroad of fifty (50) miles in length in whole or in part within this state violating the provisions of this section shall be liable on conviction to a penalty of a fine of not more than five dollars ($5.00) for each separate offense which shall be recovered in a civil action in the name of the state.

Ark. Code Ann. § 23-12-406 Transportation of hazardous materials.

Any railroad transporting hazardous materials, as defined in the Hazardous Materials Transportation Act, in this state must have on the train, in the possession of the train crew, documents which shall contain the following information regarding the hazardous material: (1) Position in the train of the car containing the hazardous material; (2) Number of the car containing the hazardous material; (3) Description of the hazardous nature of the material, such as whether it is a corrosive or flammable liquid, gas, or solid; and (4) A description of the quantity of the hazardous material.

Ark. Code Ann. § 23-12-407 Repairs to cars to be done in state — Exceptions.

(a)(1) All railroad corporations operating within the State of Arkansas and having their repair shops within the state shall, and are required to, repair, renovate, or build in the State of Arkansas, any and all defective or broken cars, coaches, locomotives, or other equipment owned or leased by the corporation in the State of Arkansas, when the rolling stock is within the State of Arkansas if the railway has been or is under an obligation to have proper facilities in the state to do the work. (2)(A) No railway shall be required to haul its disabled equipment a greater distance for repairs at a point within the State of Arkansas than would be necessary to reach their repair shop in another state. (B) No railway company shall be permitted to haul for purposes of repair any disabled equipment by or past any shop owned or operated by the company where the disabled equipment can be repaired in order to reach some other repair shop at a greater distance for the purpose of repairing the disabled equipment. (b)(1) The provisions of this section shall not apply to companies having fewer than sixty (60) continuous miles of railroad in operation in this state. (2) The provisions of this section shall not apply in cases of fires, floods, cyclones, or any such act of providence. (c) Any railroad corporation, lessee, receiver, superintendent, or agent who shall violate any of the provisions of this section shall after conviction by any court of competent jurisdiction be liable to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (d) This section shall not be so construed as to require any railway corporation to violate the safety appliance laws of the United States Congress.

Ark. Code Ann. § 23-12-408 Lights to be placed on switches.

(a) Any company, corporation, or officer of court or any person operating any line of railroad during the nighttime in this state shall be required to place and maintain sufficient lights during the nighttime on all its main line switches of the line of railroad so operated. Green lights shall indicate main line, and red lights shall indicate side tracks. (b) Any company, corporation, or officer of court or any person operating any railroad in this state, who shall violate any of the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each separate offense. The penalty shall be recovered in a civil action in the name of the state.

Ark. Code Ann. § 23-12-409 Signals and signboards required at tunnels.

(a)(1) Every person, company, or corporation operating any railroad in this state or any receivers for any railroad company in this state are required to erect, operate, and maintain an automatic block signal system at all tunnels located upon their lines in this state. (2) The block signal is to be located at least two thousand five hundred feet (2,500') from each end of the tunnel. It shall be constructed as to warn all approaching crews whenever a train is within the tunnel or within two thousand five hundred feet (2,500') of either end of the tunnel. (b)(1) The railroad companies, corporations, or receivers operating any railroad in this state shall erect and maintain a signboard within one (1) mile of each end of all tunnels located on their lines in this state in order to warn engine crews that they are approaching a tunnel. (2) The signboard shall contain and display in large letters the following instruction: “ONE MILE TO TUNNEL — DANGER.” (c) This section shall not apply to tunnels fewer than one thousand five hundred feet (1,500') in length. (d) Any railroad company or corporation, person, or receiver for any company or railroad operating a railroad within this state who shall violate or fail to comply with the provisions of this section shall upon conviction be fined in any sum not less than fifty dollars ($50.00) nor more than one hundred dollars ($100). Each day of violation or failure to comply with the provisions of this section shall constitute a separate offense.

Ark. Code Ann. § 23-12-410 Audible warning device to be sounded at crossing — Penalty and damages.

(a) To give warning of a train's approach, an audible warning device meeting standards prescribed by the Federal Railroad Administration shall be sounded at least one-quarter (¼) mile in advance of each location in Arkansas where a railroad crosses any public road, highway, or street or where any public road, highway, or street crosses any railroad and shall be sounded until the lead locomotive clears the crossing. (b) Any railroad company failing to warn of the train's approach as required in this section shall be liable upon a finding of a violation for a fine of two hundred dollars ($200) for each occurrence. The penalty shall be recovered in a civil action in the name of the state.

Ark. Code Ann. § 23-12-411 Warning boards required at crossings — Exception.

(a) Every railroad corporation in this state shall cause boards to be placed, well-supported by posts or otherwise, and constantly maintained across each public road or street where the public road or street is crossed by the railroad on the same level. (b)(1) The boards shall be elevated so as not to obstruct travel and to be easily seen by travelers. (2) On each side of the boards shall be printed, in capital letters of at least the size of nine inches (9") each, the words, “RAILROAD CROSSING”. (3) This section shall not apply to streets in cities or villages unless the corporation is required to put up the boards by the officers having charge of the streets.

Ark. Code Ann. § 23-12-412 Stock guards required when railroad passes through enclosure.

(a)(1) It shall be the duty of all railroad companies organized under the laws of this state or any other state, which have constructed or may construct a railroad which may pass through or upon any enclosed lands of another, whether such lands were enclosed at the time of the construction of the railroad or were enclosed thereafter, upon receiving ten (10) days' notice in writing from the owner or agent of the lands to construct suitable and safe stock guards on either side of the enclosure where the railroad enters the enclosure and to keep the guards in good repair. (2) The notice as provided in this subsection may be had by the persons aggrieved or their agent serving a written notice upon a station agent, or upon any person upon whom service may be had in the employ of the railroad company, or any officer thereof. Proof that the written notice was delivered as required in this subdivision (a)(2) shall be sufficient. (b)(1) Any railroad company failing to comply with the requirements of subdivision (a)(1) of this section shall be liable to the persons aggrieved thereby for the actual damages caused to the persons by reason of the failure of any railroad company to properly construct, keep, and maintain in good repair the stock guards. (2) In addition to the actual damages, the railroad company shall be liable for a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each offense. (3) The penalty may be collected, together with the actual damages, by a civil suit in any court having jurisdiction thereof.

Ark. Code Ann. § 23-12-501 Definitions for §§ 23-12-501 — 23-12-507.

As used in this section and §§ 23-12-502 — 23-12-507 , unless the context otherwise requires, “common carrier by railroad” or “common carrier” shall be taken to embrace any company, association, corporation, or person managing, maintaining, operating, or in possession of a common carrier operating upon rails or tracks in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver.

Ark. Code Ann. § 23-12-502 Construction of §§ 23-12-501 — 23-12-507.

Nothing in this section and §§ 23-12-501 and 23-12-503 — 23-12-507 shall be held to limit the duty of common carriers by railroad or impair the rights of their employees in the existing laws of the state.

Ark. Code Ann. § 23-12-503 Liability for injury or death of employee generally.

Every common carrier by railroad in this state shall be liable for all damages to any person suffering injury while he or she is employed by the carrier or, in case of the death of the employee, to his or her personal or legal representative, for the benefit of the surviving widow or husband and children of the employee; if none, then to the employee's parents; if none, then to the next of kin of the employee, for the injury or death resulting in whole or in part: (1) From the negligence of any of the officers, agents, or employees of the carrier; (2) By reason of any insufficiency of clearance of obstructions; of strength of roadbed and tracks or structures, or machinery and equipment; of lights and signals in switching and terminal yards, or rules; and of number of employees to perform the particular duties with safety to themselves and their co-employees, or of any other insufficiency; or (3) By reason of any defect, which defect is due to its negligence in its cars, engines, motors, appliances, machinery, tracks, roadbeds, boats, works, wharves, or other equipment.

Ark. Code Ann. § 23-12-504 Death or injury caused by defective cars, appliances, etc. — Presumption of knowledge — Prima facie evidence of negligence.

(a) If the employee of any common carrier shall receive any injury or shall be killed by reason of any defect in any cars, engines, motors, appliances, machinery, tracks, roadbeds, works, wharves, or other equipment owned, operated, or used by the common carrier, the common carrier shall be deemed to have had knowledge of the defect before and at the time the injury is sustained or death caused. (b) When the fact of the defect shall be made to appear in the trial of any action in the courts of this state brought by the employee or his or her personal or legal representative against any common carrier for damages on account of injuries so received or death so caused, the fact of the defect shall be prima facie evidence of negligence on the part of the common carrier.

Ark. Code Ann. § 23-12-505 Death or injury of employee — Contributory negligence.

(a) In all rights of action arising within, or by virtue of, this section and §§ 23-12-501 — 23-12-504, 23-12-506 and 23-12-507 for personal injury to an employee, or where an injury has resulted in his or her death, the fact that an employee may have been guilty of contributory negligence shall not bar a recovery if the negligence of the employee was of a lesser degree than the negligence of the common carrier, its officers, agents, or employees. (b) No employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by the common carrier or its officials, agents, or employees of any law enacted for the safety of employees or persons contributed to the injury or death of the employee.

Ark. Code Ann. § 23-12-506 Death or injury of employee — No assumption of risk.

An employee shall not be held to have assumed the risk of his or her employment in any action arising out of any of the provisions of this section and §§ 23-12-501 — 23-12-505 , and 23-12-507 .

Ark. Code Ann. § 23-12-507 Death or injury of employee — Contracts of employment or indemnity insurance no defense — Setoff by employer.

(a) No contract of employment, insurance, relief benefit, or indemnity for injury or death entered into by or on behalf of any employee nor the acceptance of any insurance, relief benefit, or indemnity by the person entitled thereto shall constitute any bar or defense to any action brought to recover damages for personal injuries to, or death of, the employees. (b) However, upon the trial of the action, the defendant may set off therein any sum it has contributed toward any insurance, relief benefit, or indemnity that may have been paid to the injured employee, or, in case of death, to his or her personal or legal representative.

Ark. Code Ann. § 23-12-508 Railroads receiving hospital fees to provide hospital facilities in state — Penalty for noncompliance.

(a)(1) Every railroad company or corporation operating railroads in this state that collects or receives hospital fees from their employees shall provide hospital facilities in this state of such capacity and equipment as will be sufficient for the care, needs, and accommodation of their sick or injured employees who are residents of this state. (2) Any employees injured while in the service of any such railroad shall not be taken or sent out of the state for treatment. (b) Any railroad company or corporation operating railroads in this state that shall violate any of the provisions of this section, shall be liable on conviction to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, each day to constitute a separate offense.

Ark. Code Ann. § 23-12-509 Limit on hours of service on freight trains of persons running trains — Penalties for noncompliance — Liability for death or injury.

(a)(1) Any company owning or operating a railroad over thirty (30) miles in length in whole or in part within this state shall not permit or require any conductor, engineer, fireman, brakeman, or any trainman on any train, who has worked in his or her respective capacity for sixteen (16) consecutive hours, to again be required to go on duty or perform any work until he or she has had at least eight (8) hours' rest, except in cases of wrecks or washout. (2) However, at the expiration of the sixteen (16) hours' continuous service, the engineer and trainmen on any train which is at a distance not exceeding twenty-five (25) miles from any division terminal or destination point shall be permitted, if they so elect, to run the train into the division terminal or destination point. The additional service permitted under this subdivision (a)(2) shall not be so construed as to relieve any railroad corporation from liabilities incurred under subsection (c) of this section. (b) Any railroad company or corporation knowingly violating any of the provisions of this section shall be liable to a penalty of not less than one hundred dollars ($100) nor more than two hundred dollars ($200) for the first offense. For any subsequent offense, it shall be liable for a penalty of not less than two hundred dollars ($200) nor more than three hundred dollars ($300). The monetary penalty shall be recovered in a civil action in the name of the state. (c) In addition to the penalty prescribed in subsection (b) of this section, any corporation violating the provisions of this section shall not be permitted to interpose the defense of contributory negligence in the event of action being brought to recover for damages resulting from any accident which shall occur and by which injury shall be inflicted on any employee who may be detained in service more than sixteen (16) hours, notwithstanding that the negligence of the injured employee may have caused his or her own injury. Nor shall the defense of contributory negligence be interposed if the injury resulted in the death of the employee and the action is brought for the benefit of his or her next of kin. (d) The provisions of this section shall not apply to passenger trains.

Ark. Code Ann. § 23-12-510 Limit of hours on duty of telephone and telegraph operators for railroads — Penalties.

(a) It shall be unlawful for any person, corporation, association, or their agents or officials operating a railroad within this state to permit any of the following to be on duty for more than eight (8) hours in any twenty-four (24) consecutive hours: (1) Any telegraph or telephone operator who is engaged in the handling of trains by the use of the telegraph or telephone, reporting trains to each other and to the train dispatcher registering the trains, and operating one (1) or more train order signals; (2) Telegraph or telephone levermen who manipulate lever machines in railroad yards, or on the main tracks out of the line, connecting sidetracks or switches; or (3) Train dispatchers in its service whose duties pertain to the movement of cars, engines, or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains, or receiving or transmitting train orders or messages directing the movement of trains as interpreted in this section. (b)(1) Any person, corporation, association, or their agents or officials that shall violate subsection (a) of this section shall pay a fine of five hundred dollars ($500) for each violation of this section. (2) The fine mentioned in subdivision (b)(1) of this section shall be recovered by an action in the name of the State of Arkansas for the use of the state, who shall sue for it against the person, corporation, association, agent, or official violating this section. The suit is to be instituted in any court in this state having appropriate jurisdiction. (3) The fine, when recovered, shall be paid without any deduction whatever to the State of Arkansas, for whose use the suit was instituted.

Ark. Code Ann. § 23-12-512 Blocks in frogs and guardrails required.

(a) Any company owning or operating any railroads in this state shall be required to place and maintain blocks of a sufficient size in all its frogs and guardrails to prevent employees from getting their feet caught therein. (b) Any company owning and operating any railroad in this state violating the provisions of this section shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) for each separate offense.

Ark. Code Ann. § 23-12-514 Standard employee identification requirements — Findings — Definitions.

(a) The General Assembly finds that: (1) The services provided by railroads are essential to the functionality of the state; (2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident; (3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and (4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers. (b) As used in this section: (1) “Federal Railroad Administration-certified conductor” means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration; (2) “Federal Railroad Administration-certified engineer” means an engineer licensed and certified by the Federal Railroad Administration; (3) “Railroad accident or incident” means a collision or impact that: (A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and (B) Results in death, injury, or property damage; and (4) “Railroad manager” means a railroad employee overseeing and assisting in the operation of railroad transit. (c)(1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident. (2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a: (A) Federal Railroad Administration-certified conductor; (B) Federal Railroad Administration-certified engineer; or (C) Railroad manager.

Ark. Code Ann. § 23-12-515 Railroad fatality reports.

(a)(1) Except as provided in subsection (b) of this section, a public record, as defined under the Freedom of Information Act of 1967, § 25-19-101 et seq., involving a railroad fatality shall be maintained by its custodian in a manner that ensures the confidentiality of the personal information of the railroad crew involved in the fatality. (2) If information under subdivision (a)(1) of this section is publicly disclosed, the personal information of the railroad crew shall be redacted from the information. (b)(1) Subsection (a) of this section does not apply if the requestor is: (A) The host or employing railroad; (B) A person authorized by court order to obtain the information under subsection (a) of this section; (C) A law enforcement officer; (D) An attorney for the State of Arkansas; (E) A staff member of the Arkansas Department of Transportation; or (F) The United States National Transportation Safety Board or a constituent agency of the United States Department of Transportation acting under a mandate to investigate railroad accidents or incidents. (2) A request under subdivision (b)(1) of this section shall be made in written or electronic form. (3) A person identified under subdivisions (b)(1)(B)-(E) of this section shall only obtain information under subsection (a) of this section if access to the information is necessary for the performance of his or her duties.

Ark. Code Ann. § 23-12-601 Trains to run on regular schedule — Accommodations for passengers — Damages for noncompliance.

(a) Every railroad corporation shall start and run their cars for the transportation of passengers and property at regular times, to be fixed by public notice. (b)(1) Every railroad corporation shall furnish sufficient accommodations for the transportation of all passengers and property as shall, within a reasonable time previous thereto, offer or be offered for transportation at the place of starting and the junctions of other railroads, and at sidings and stopping places established for receiving and discharging way passengers and freight. (2) The railroad corporation shall take, transport, and discharge such passengers and property at, from, and to such places on the due payment of tolls, freight, or fare legally authorized therefor. (c) In case of the refusal of the corporation, or its agents, to take and transport any passenger or property or to deliver the passenger or property, or either of them, at the regular or appointed time, the corporation shall pay to the party aggrieved all damages which shall be sustained thereby, with the costs of suit.

Ark. Code Ann. § 23-12-602 Transfer of passengers, freight, and mail at crossings, intersections, etc. — Damages.

(a) Every railroad company operating a railroad in this state shall cause all freight and passenger trains running on its roads to stop at all points on its roads where another railroad crosses, joins, unites, or intersects. At those places the company shall take and receive on its trains all passengers, freight, and mail which the railroad so crossing, joining, or intersecting has for shipment at that point and shall carry the passengers, freight, and mail. (b) The railroad shall also discharge all passengers, freight, and mail consigned to the point of crossing, intersection, or junction of the railroad and which is to be transported, carried, and conveyed on the railroad. (c) No railroad company shall in any way discriminate against passengers or freight transported or conveyed by any intersecting railroad company. (d) Any railroad company violating any of the provisions of this section shall forfeit and pay to the company injured thereby double the amount of damages which the injured company may have sustained. This amount shall be recovered in any court of competent jurisdiction.

Ark. Code Ann. § 23-12-603 Department may require passenger trains to stop at all stations — Exception.

(a) The Arkansas Department of Transportation is empowered to require every company or person operating a railroad in Arkansas which runs and operates passenger trains to stop one (1) of its passenger trains each way every day at all regular stations where tickets are sold whether the station is a flag station or not. (b) However, if the department after a hearing finds that adequate service for the carriage of passengers, mail, baggage, express, and newspapers between stations is or will be furnished and rendered daily by motor-propelled vehicles on highways, it shall have the power to authorize the railroad company to discontinue stopping the trains at stations.

Ark. Code Ann. § 23-12-604 Duty to erect depot and stop passenger trains in cities and towns near state line — Exception — Penalty.

(a) Any railroad company owning or operating a line of railway in this state, passing through any city or incorporated town within one-half (½) mile of the state boundary line of this state, shall erect and maintain a suitable depot therein and shall stop all its passenger trains at this station. (b)(1) Any railroad company which fails, refuses, or neglects to build a suitable depot within ninety (90) days or shall fail to stop all its passenger trains as provided in subsection (a) of this section shall forfeit and pay a sum of money not less than fifty dollars ($50.00) nor more than two hundred dollars ($200), to be prosecuted in the name of the state by any citizen aggrieved or by the prosecuting attorney of the district. Each day's refusal or neglect shall constitute a separate offense. (2) The sum when so recovered shall go to the school fund of the county in which the city or town is located. (3) The prosecuting attorney shall be allowed twenty percent (20%) of the amount so received for his or her services. (c) This section shall not apply where there is a depot within three hundred feet (300') of the opposite side of the line at which all passenger trains stop.

Ark. Code Ann. § 23-12-605 Union passengers or freight depots.

(a) The Arkansas Department of Transportation shall have power to require the building and maintaining of union passenger or freight depots, by two (2) or more railroads in any city of the first class or city of the second class in this state, when the business and conditions in the city justify or require such facilities. (b) The making of any order for the erection and maintaining of any such union passenger or freight depots, or both, shall be prima facie evidence of the need for the facility and reasonableness of the requirement.

Ark. Code Ann. § 23-12-606 Stopping train within town limits upon petition — Facilities to be maintained — Enforcement — Damages — Penalty.

(a)(1) When not fewer than fifty (50) citizens of any incorporated town in this state, situated on the line of any railroad run or operated within this state, shall make application in writing to the president of the railroad company, to the board of directors thereof, through its secretary, or to any receiver, mortgagee, trustee, contractor, or other officer running and operating the railroad company and having control thereof, it shall be the duty of the railroad company to stop all freight or passenger trains, at some point within the corporate limits of the town most convenient for the reception and handling and discharge of freight, the reception and discharge of passengers, and the reception and delivery of the mails and most convenient to accommodate the business of the town. The railroad company shall furnish, provide, and maintain for the town, and the business thereof, every facility and convenience furnished or provided for other towns of the same, or approximating the same, population situated on the line of the railroad. (2) There shall be no unjust discrimination on the part of such companies, either in respect to the facilities and conveniences, or in respect to the freight and passenger charges of tariff upon the railroads, but the charges shall be equal and uniform, and as to such towns the same or any description of way passengers and freight shall not be subject to higher rates of charges than the lowest rates charged by the same line, at the same time, for the same service over any part of that line. (b) Before any town may or can insist upon and compel the stoppage of trains, as provided in this section, the corporate authorities of the town shall provide and make tender to the railroad companies sufficient means to defray the reasonable expenses of grading a switch or sidetrack at the place of stopping for the use of the railroad company. (c) The writ of mandamus may issue at the suit of any citizen of the town upon the failure of any such railroad company to stop its trains as provided in this section, and it may compel the company to comply with the requirements of this section. (d) If any railroad company within this state violates any of the provisions of this section, the corporate authorities of any corporate town aggrieved, or any citizen thereof, may bring suit against the company for the reasonable damages sustained through the violations. (e) Any railroad company violating, or failing or refusing to obey, the requirements of this section shall be liable to a fine of one hundred dollars ($100) for each day of failure or refusal to carry out the provisions of this section. The fine shall be recoverable before any court of competent jurisdiction. This fine shall be paid into the State Treasury for the benefit of the Public School Fund.

Ark. Code Ann. § 23-12-607 Petitions for establishment, discontinuance, modification, etc., of service — Authority of department.

The Arkansas Department of Transportation is authorized, empowered, and required to hear and consider all petitions filed with it for establishment, discontinuance, enlargement, dualization, or modification of railroad train service, spurs, sidetracks, and platforms.

Ark. Code Ann. § 23-12-608 Establishment, discontinuance, modification, etc., of service generally — Investigation of objects sought to be accomplished — Findings.

(a) Within thirty (30) days after the filing of a petition, the Arkansas Department of Transportation shall proceed to make a personal inspection of the conditions complained of and investigate the objects sought to be accomplished by the petitioners. The department shall have the right and power to summon and swear witnesses. The summons shall be served by any sheriff, constable, or deputy having legal jurisdiction. (b) The department shall determine the amount, degree, and character of construction, equipment, changes, and enlargements of stations and depots which should be supplied by the railroad, railroad company, its lessee, or operator. The department shall have the power and authority to require a reasonable train service for each and every such railroad station and depot within the State of Arkansas, and its finding shall be binding upon all such railroads within the State of Arkansas. (c) The department shall file a copy of its findings and decrees with the Secretary of State, the Attorney General, and the circuit clerk of the county wherein the decree is granted. (d) The department shall serve notice upon the defendant railroad company by delivering a copy of its findings and decrees to the nearest local station agent and by sending by registered mail a copy to the superintendent, general manager, lessee, or operator of the railroad or railroad company.

Ark. Code Ann. § 23-12-609 Establishment, discontinuance, modification, etc., of service generally — Failure to comply with findings and mandate — Penalty.

(a) Any railroad, railroad company, lessee, or operator of the railroad company, which fails or refuses to comply with the findings, decrees, and mandates of the Arkansas Department of Transportation within the time specified therein, shall be deemed guilty of a misdemeanor. (b) The district prosecuting attorney shall bring the proceeding in any court having competent jurisdiction, and upon conviction the railroad, railroad company, lessee, or operator of the railroad company shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100). (c)(1) Every day of the violation, refusal, failure, or neglect shall constitute a separate offense. (2) However, no order for doing anything hereinabove provided shall be made by the department until all parties concerned shall receive ten (10) days' notice of the proposed change.

Ark. Code Ann. § 23-12-610 Petitions to establish, reestablish, or enlarge service.

A petition for establishment, reestablishment, or enlargement of railroad train service, spurs, sidetracks, and platforms shall be signed by at least twenty-five (25) qualified electors residing in the territory sought to be affected.

Ark. Code Ann. § 23-12-611 Discontinuance, dualization, or modification of agency station — Petitions to reestablish.

(a) Any railroad operating in this state may file with the Arkansas Department of Transportation a notice of discontinuance, dualization, or modification of any of its agency stations together with a statement certified by a proper officer of the railroad to the effect that the agency station had been operating at a financial loss according to standard accounting procedures for not less than one (1) year immediately preceding, or that operating economies would result consistent with public convenience and necessity. (b) The agency station may be closed or modified ninety (90) days after the date of filing of the notice of discontinuance, dualization, or modification unless a petition for the reestablishment of the discontinued, dualized, or modified agency station, signed by at least twenty-five (25) qualified electors residing in the city, town, or political subdivision where the agency station is located, is filed with the department within sixty (60) days after the date of filing of the notice. (c) The department is authorized, empowered, and required to hear and consider all petitions for the reestablishment of any agency station discontinued, dualized, or modified by the railroad under authority of this section. The hearing shall be held within sixty (60) days following filing of the petition for reestablishment and following thirty (30) days' written notice of the hearing to the railroad and petitioners. (d) In determining whether an agency station should be discontinued, dualized, or modified, the standard to be employed is whether the railroad has operated the agency station at a financial loss according to standard accounting procedures for not less than one (1) year immediately preceding the filing of the notice of discontinuance, dualization, or modification, or whether operating economies would result therefrom.

Ark. Code Ann. § 23-12-612 Abandonment of operations without authority — Stockholders to offer stock for sale — Penalty — Enforcement.

(a) When any railroad corporation organized under the laws of Arkansas and operating properties within the State of Arkansas abandons such operations for a period of thirty (30) days or more without specific authority from the regulatory bodies having jurisdiction thereof, the stockholders of the corporation shall offer for sale their stock in the railroad corporation within sixty (60) days of the abandonment. The offer shall be open for not fewer than one hundred twenty (120) days thereafter and shall be to any person, firm, or corporation at a price not exceeding the net investment of the stockholders of the corporation in the stock at the time of the abandonment or the fair net salvage value of the properties owned by the corporation at the time of the abandonment, whichever is less. (b) Any stockholder of any such corporation who violates the terms of this section shall be fined in the sum of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000). Each day of such a violation shall constitute a separate offense. (c) The Attorney General shall have authority to enforce this section in the name of the State of Arkansas by appropriate proceedings in any court of competent jurisdiction.

Ark. Code Ann. § 23-12-613 Receiver appointed upon attempt to abandon.

(a) If any railroad corporation, manager, or receiver shall attempt to abandon any railroad, or part thereof, by failing to operate its trains, or to resume operation of its trains over its railroad, or part thereof, if the operation of trains has been abandoned, the Arkansas Department of Transportation shall report the attempted abandonment to the Attorney General. (b) The Attorney General shall, at once, file a suit in behalf of the state against that railroad corporation, manager, or receiver in the Pulaski County Circuit Court, or of any county through which the railroad passes. Suit shall be filed for the purpose of determining whether the corporation has abused its rights and privileges as a common carrier and granted by the State of Arkansas. (c)(1) If the court determines that the corporation, manager, or receiver has so failed or refused to carry out its obligations as a common carrier, then the court shall appoint a receiver for the purpose of operating the railroad and providing the service to the public. (2) The receiver shall have no connection directly or indirectly with the railroad corporation, manager, or receiver prior to the time of his or her appointment, but he or she shall be a good business person and qualified to perform the duties of the receiver. (d) The receiver shall collect freight and passenger rates as prescribed by law and shall do and perform any and all things necessary in the operation of the trains over the road and shall report to the court at such times as the court may direct.

Ark. Code Ann. § 23-12-614 Posting information regarding National Human Trafficking Resource Center Hotline.

A passenger train station governed by this subchapter shall post information about the National Human Trafficking Resource Center Hotline as required under § 12-19-102 .

Ark. Code Ann. § 23-12-701 Railroad police — Purpose — Appointment.

Any railroad company or corporation owning or operating a railroad in this state may appoint one (1) or more persons to be designated by the railroad company as a railroad police officer to aid and supplement the law enforcement agencies of this state in the protection of the persons and property of railroad passengers and employees and in the protection of railroad property. The appointment of any such person as a railroad police officer shall be subject to the approval of the Governor of this state.

Ark. Code Ann. § 23-12-702 Railroad police — Oath and bonds.

Before entering into the performance of his or her duties, every railroad police officer appointed shall take and subscribe an oath of office and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the State of Arkansas, conditioned for the faithful performance of his or her duties. The oath of office and the bond, with a copy of the commission, shall be filed with the Secretary of State.

Ark. Code Ann. § 23-12-703 Railroad police — Powers.

Each police officer shall have and exercise throughout the State of Arkansas the power to make arrests for the violation of any law on the property of the company, and to arrest persons, whether on or off the company's property, for the violation of any law on the company's property, under the same conditions under which deputy sheriffs or other peace officers may by law make arrests and shall have the authority to carry weapons for the reasonable purposes of the office of railroad police officer.

Ark. Code Ann. § 23-12-704 Railroad police — Jailing of persons arrested.

The keepers of jails in any county or municipality wherein a violation of the law occurs for which any arrest is made shall receive all persons arrested by railroad police officers, and persons so arrested shall have the same status as prisoners arrested by any other police officer.

Ark. Code Ann. § 23-12-705 Railroad police — Identification.

When on duty, every railroad police officer appointed shall have in his or her possession a badge and identification card identifying him or her as a member of the police department of the railroad company for which he or she is appointed. He or she shall exhibit the badge or identification card on demand and before making an arrest.

Ark. Code Ann. § 23-12-706 Railroad police — Compensation.

The compensation for railroad police officers shall be paid by the company for which they are respectively appointed.

Ark. Code Ann. § 23-12-707 Railroad police — Termination of powers.

When a company no longer requires the services of a railroad police officer, it shall file a notice to that effect with the Secretary of State. Thereupon, the powers of the police officer shall terminate.

Ark. Code Ann. § 23-12-708 Drinking or drunkenness in public places — Arrests by railroad conductors.

(a)(1) Every railroad conductor is authorized and empowered to exercise, in every county in this state through which the train in the charge of the conductor passes, all his or her common law and statutory powers for the purpose of enforcing the provisions of § 5-71-212, and to arrest offenders against any such provisions. In so doing, they shall be considered as acting for the state and not as employees of the railroad company. (2) Arrests for offenses against such provisions may be made by the conductor without warrant. Persons so arrested shall be delivered by him or her to some justice of the peace, district court judge, sheriff, constable, or police officer at some station or place within the county in which the offense was committed, for trial as provided by law. (3) If the train has passed from the county in which the offense was committed and for which the arrest shall have been made, then the conductor shall deliver the person so arrested to some officer of another county, and he or she shall be held and delivered to some officer of the county in which the offense was committed to be there held for trial as provided by law. (4) When any railroad conductor, who is actually engaged in the discharge of his or her duty, makes a legal arrest under the provisions of this subsection, then and in that case the railroad company employing him or her shall not be liable for damages to the persons for the arrest. (b) All conductors on trains running in this state are authorized and empowered to act in the capacity of peace officers on their respective trains in this state for the specific purpose only to arrest any and all persons on their respective trains that they find to be drunk or in an intoxicated condition and deliver those persons, together with the names of two (2) witnesses who are not railroad employees, to some peace officer at first available opportunity. The conductor is authorized and empowered to deputize any person or persons present to assist him or her in the performance of this duty.

Ark. Code Ann. § 23-12-802 Trespassers boarding trains.

Any person who boards any passenger, freight, or other railway train, whether moving or standing still, for any purpose and without good faith intending to become a passenger on the train and with no lawful business on the train and with intent to obtain a free ride on the train, however short the distance, without the consent of the person or persons in charge of the train is guilty of a violation. Upon conviction under this section, that person shall be punished by a fine of not less than one dollar ($1.00) nor more than ten dollars ($10.00). However, no person shall be so arrested except at the request of an agent or employee of the railroad company.

Ark. Code Ann. § 23-12-804 Discharge of firearms or throwing objects at railroad or street car.

If any person knowingly discharges firearms or throws stones, sticks, clubs, or other missiles at, into, or against any locomotive, railroad car, or street car on any railroad, upon conviction he or she shall be guilty of a Class A misdemeanor.

Ark. Code Ann. § 23-12-805 Willful interference with railroads — Damages.

(a) If any person willfully does or causes any act whatever, whereby any building, construction, or work of any railroad corporation in this state, or any engine, machine, structure, or any matter or thing appertaining to the railroad corporation shall be stopped, obstructed, injured, impaired, weakened, or destroyed, the person so offending shall be guilty of a violation and upon conviction shall forfeit and pay to the railroad corporation so injured, etc., treble the amount of damages sustained by means of such an offense. (b) All penalties imposed by this section may be sued for by the prosecuting attorney and in the name of the people of the State of Arkansas in any court of this state having competent jurisdiction.

Ark. Code Ann. § 23-12-807 Engineer or conductor intoxicated.

If a person is intoxicated while in charge of a locomotive engine running upon any railroad in this state or while acting as the conductor of any cars on any railroad in this state, he or she is guilty of a Class A misdemeanor and shall be punished accordingly.

Ark. Code Ann. § 23-12-808 Tampering with rail infrastructure.

(a) As used in this section: (1) "Interfere" means to tamper with, displace, remove, damage, disable, destroy, set fire to, impair, obstruct, or otherwise hinder; and (2) "Rail infrastructure" means the following that are located on property owned by a railroad or property owned, leased, possessed, operated, or otherwise used for or in connection with railroad operations: (A) A train, locomotive, freight car, passenger car, or any other on-track vehicle or on-track equipment; (B) A railroad track or structure; (C) A signaling or communication system or component; and (D) A station, terminal, depot, or other facility. (b) A person commits the offense of tampering with rail infrastructure if he or she without lawful authority or permission: (1) Recklessly: (A) Places an obstruction on or within or interferes with a: (i) Part or securement of a rail, track, tie, switch, ballast, or other fixture or device; (ii) Bridge, tunnel, viaduct, tower, culvert, drain, trestle, embankment, parapet; or (iii) Structure that is attached to, connected to, or used with railroad tracks or for the operation of any railroad infrastructure; (B) Interferes with a: (i) Signal, mechanism, device, piece of equipment, bungalow, communication line or antenna, or other appurtenance used in controlling the signal or communication systems of rail infrastructure; (ii) Train control system; (iii) Centralized dispatching system; (iv) Wayside detector; (v) Communication tower; (vi) Buried or aerial facility; or (vii) Highway-rail grade crossing warning system; (C) Places or releases a biological agent or toxin, destructive substance, or destructive device in, upon, near, or on board rail infrastructure; (D) Detaches, initiates an emergency brake application, or otherwise impedes the movement of rail infrastructure; (E) Assaults or injures a rail passenger, railroad employee, or police officer of a railroad or a person on or within rail infrastructure; (F) Makes a terroristic threat to commit any of the acts described in subdivisions (b)(1)(A)-(E) of this section; or (G) Attempts, threatens, or conspires with others to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section; or (2) Knowingly conveys false information or reports regarding an attempt or alleged attempt to commit any of the acts described in subdivisions (b)(1)(A)-(F) of this section. (c) The offense of tampering with rail infrastructure is a Class D felony.

Ark. Code Ann. § 23-12-901 Legislative intent.

It is the intent and purpose of this section and §§ 23-12-902 — 23-12-910 and 23-12-912 to reenact those provisions of law relating to railroads which were repealed by Acts 1961, No. 170 [repealed], and to place railroads on an equal basis with other persons, firms, and corporations with respect to comparative negligence.

Ark. Code Ann. § 23-12-902 Liability for injury to persons or property generally.

All railroads which are built and operated in whole or in part of this state shall be responsible for all damages to persons and property done or caused by the running of trains in this state.

Ark. Code Ann. § 23-12-903 Parties to actions for personal injuries.

When any adult person is wounded by railroad trains running in this state, he or she may sue in his or her own name. When the person wounded is a minor, the father, if living, or if the father is not living, then the mother, or if neither parent is living, then the guardian may sue for and recover such damages as the court or jury trying the case may assess.

Ark. Code Ann. § 23-12-904 Personal injury, property damage, or death — Contributory negligence no complete defense.

In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negligence of the officers, agents, servants, or employees of the railroad causing the injury, damage, or death complained of. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to the contributory negligence.

Ark. Code Ann. § 23-12-905 Service of process upon agent of railroad company.

Service by process of summons issued by any court under the provisions of this section and §§ 23-12-901 — 23-12-904 , 23-12-910 , and 23-12-912 shall be by serving a copy of the summons on any agent of the railroad company sued at any depot house in the county where suit is brought.

Ark. Code Ann. § 23-12-906 Levy and sale of railroad property under execution.

The property of any railroad company may be levied on and sold under an execution issued on a judgment for damages under this section and §§ 23-12-901 — 23-12-905 , 23-12-910 , and 23-12-912 in the same manner and under the same rules governing other judgments at law.

Ark. Code Ann. § 23-12-907 Duty of persons running trains to keep lookout — Contributory negligence no bar to recovery of damages.

(a)(1) It shall be the duty of all persons running trains in this state upon any railroad to keep a constant lookout for all persons, including licensees and trespassers, and property upon the track of any and all railroads. (2) If any person or property is killed or injured by the neglect of any employee of any railroad to keep a lookout, the company owning or operating any railroad or its agents, servants, and employees shall be liable and responsible to the person injured for all damages resulting from neglect to keep a lookout. (b)(1) In any action brought for failure to keep a lookout, contributory negligence shall not bar recovery of damages for any injury, property damage, or death where the negligence of the person injured or killed is of a lesser degree than the negligence of the employee or employees in charge of the train of the company. (2) In all such actions accruing for negligence resulting in personal injuries or wrongful death or injury to property, the contributory negligence shall not prevent a recovery where any negligence of the person so injured, damaged, or killed is of a lesser degree than any negligence of the person, firm, or corporation causing the damage. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to such contributory negligence. (c) The legislative intent of this section is to place railroads upon a parity with all other persons, firms, and corporations in the matter of contributory negligence.

Ark. Code Ann. § 23-12-908 Killing or injuring livestock — Notice — Damages recoverable on failure to advertise.

(a)(1) Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to the killing or wounding to post within one (1) week thereafter, and to keep posted for twenty (20) days thereafter, at the nearest station house and nearest depot house, a true and correct description of the stock which was killed or wounded, giving a true and correct description of the color, marks, brands, and other natural descriptions which may assist in identifying the stock and in giving the time when and place where killed or wounded. (2) On the failure to advertise any stock so killed or wounded as provided in subdivision (a)(1) of this section, the owner shall recover double damages for all stock killed and not advertised. (b)(1) The railroad shall pay the owner of the stock within thirty (30) days after notice is served on the railroad by the owner. Failure to do so shall entitle the owner to double the amount of damages awarded him or her by any jury trying the cause, and a reasonable attorney's fee. (2) If the owner of the stock killed or wounded brings suit against the railroad after the thirty (30) days have expired and the jury trying the cause gives the owner a lesser amount of damage than he or she sues for, then the owner shall recover only the amount given him or her by the jury and shall not be entitled to recover any attorney's fees.

Ark. Code Ann. § 23-12-909 Killing or injuring livestock — Actions.

Any person owning in his or her own right or having a special ownership in any horses, mules, cattle, or other stock killed or wounded by any railroad trains running in this state may sue the company running the trains for the damages sustained by the killing or wounding in any court having jurisdiction of the amount of damages in the county where the killing or wounding occurred, at any time within twelve (12) months after the killing or wounding occurred, and recover such damages as the court or jury trying the case may assess.

Ark. Code Ann. § 23-12-910 Killing or injuring livestock — Prima facie evidence — Burden of proof.

The killing of stock on any railroad track shall be prima facie evidence that it was done by the trains, and the onus to prove the reverse will be on the railroad company.

Ark. Code Ann. § 23-12-912 Killing or injuring livestock — Arbitration.

(a)(1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages. (2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages. (3) When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged. (b)(1) On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on failing to do so, the railroad shall pay to the party damaged double the amount of the value of the animal so killed or double the amount of damages awarded on account of the wounding of any animal. (2) In all cases where any award has been made by and under the provisions of subsection (a) of this section and the railroad company fails to comply with the award within thirty (30) days, as prescribed in subdivision (b)(1) of this section, the party damaged shall have the right to bring his or her action before any court in the county having competent jurisdiction, where any such stock may have been killed or wounded, for the actual damages he or she may have sustained on account of the killing or wounding of any such stock. The court or jury trying any such cause shall give judgment in favor of the party damaged double the value of the animal so killed or double the amount of damages awarded. (c) In case the party injured refuses to abide by the award and fails to recover a greater amount than was awarded, he or she shall pay the railroad a reasonable attorney's fee, to be fixed by the court.

Ark. Code Ann. § 23-12-913 Liability for fires.

(a) All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, companies, or persons or resulting from the negligent operation of any locomotive, engine, machinery, train, car, or other thing used upon the railroad or resulting from, or caused by, the negligence of any employee, agent, or servant of the corporation, company, or person in the discharge of his or her duty as such upon or in the operation of the railroad. (b) The owner of any real or personal property which is destroyed or injured in the manner set forth in subsection (a) of this section may recover all such damage to the property by suit in any court, in the county where the damage occurred, having jurisdiction of the amount of the damage.

Ark. Code Ann. § 23-12-1001 Title.

This subchapter may be referred to as the “Railroad Safety and Regulatory Act of 1993”.

Ark. Code Ann. § 23-12-1002 Jurisdiction.

The State Highway Commission administers the railroad crossing safety program in Arkansas and has heretofore been designated by the General Assembly as the sole public body to deal with and has been given exclusive jurisdiction concerning the location, construction, improvement, and protection of railroad crossings in Arkansas. It is in the public's interest and safety that uniformity be established in other matters pertaining to the maintenance of railroad crossings and the operation and movement of trains in this state.

Ark. Code Ann. § 23-12-1003 Maintenance of crossings of public roads and railroads — Failure to comply — Penalties.

The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where any public road, highway, or street crosses any railroad.

Ark. Code Ann. § 23-12-1004 Powers and duties.

(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad employees. (b) Pursuant to rules providing for an opportunity of notice and hearing, the commission shall promulgate appropriate rules pertaining to the maintenance of railroad crossings of state, county, city, or municipal streets and highways.

Ark. Code Ann. § 23-12-1005 Inadequate action or unreasonable refusal — Action on complaint.

(a)(1)(A) Prior to any request by a state, municipal, or county official for sanctions against any railroad company for violation of any rule promulgated pursuant to this subchapter, the state, municipal, or county official shall state the claim or complaint in writing by certified mail to the registered agent of the railroad company in question. (B)(i) Within forty-five (45) days after the receipt of the written claim or complaint by the railroad company, the railroad company shall respond to the claim or complaint, stating with specificity the corrective action taken, any corrective or remedial action planned and the time for its completion, or the reason for any refusal on the part of the railroad to correct the situation. (ii) This response shall be in writing to the complaining official by certified mail. (2)(A) In the event the issue is not then resolved to the satisfaction of the complaining official, the official shall notify the State Highway Commission in writing. (B)(i) Within sixty (60) days after receipt of the complaint, the commission shall hold a hearing on the complaint. (ii) Notice of the hearing shall be given the railroad and the complainant at least twenty (20) days before the hearing. (C) After appropriate notice and hearing on the complaint and within twenty (20) days after the hearing, the commission or its designated representative shall determine the adequacy of the railroad's action or the reasonableness of its refusal under the circumstances. (3)(A) If the commission makes a finding of inadequate action or unreasonable refusal on the part of the railroad based on information presented at a hearing before the commission or before a designated representative of the commission, the railroad company charged with the violation shall be subject to a penalty of not less than two hundred dollars ($200) nor more than ten thousand dollars ($10,000) per occurrence, the penalty to be assessed by the commission. (B)(i) The decision of the commission may be appealed to the circuit court of the county in which the violation occurred at any time within thirty (30) days after the decision is rendered. (ii) Provided, the decision of the commission shall be final unless appealed as authorized herein. (b)(1) If the state owns the highway where the questioned crossing is located, all moneys recovered under the provisions of this section shall be placed into the Arkansas Department of Transportation Fund. (2) All other moneys recovered under this section shall be divided equally between the Arkansas Department of Transportation Fund and the general, road, or highway fund of the county or municipality which owns the highway, road, or street where the questioned crossing is located.

Ark. Code Ann. § 23-12-1006 Operation and movement of trains — Regulations, penalties, and enforcement.

The State Highway Commission is hereby designated as the sole public body to deal with, and is hereby given exclusive jurisdiction over, all matters pertaining to the operation and movement of trains within this state including, but not limited to, the obstruction of any public highway, road, street, or other railroad crossing or public property by a standing train.

Ark. Code Ann. § 23-12-1007 Investigations — Rules.

(a)(1) The State Highway Commission shall make such investigations as it deems necessary, or as requested by state, municipal, or county officials, to properly exercise the exclusive jurisdiction hereby conferred and pursuant to required notice and hearing shall promulgate all necessary orders or rules concerning train operation, train movement, permissible standing time for trains, and all other related matters. (2) The investigation of crossings shall include, but is not limited to, the reasonable availability or use of other crossings by vehicular or pedestrian traffic, the frequency and necessity of use of the railroad crossing by railroad trains and vehicular and pedestrian traffic, the restriction of emergency and law enforcement vehicles using the crossing, and the hours of frequent use of the crossing. (3) In the investigation, the commission shall seek the advice of Arkansas counties, municipalities, railroads operating within this state, and unions representing railroad employees. (b) Provided, unless and until the commission by order or rule provides otherwise, it is unlawful for any corporation, company, or person owning or operating any railroad trains in the state to permit a standing train to obstruct any public highway, road, street, or other railroad crossing for more than ten (10) minutes.

Ark. Code Ann. § 23-12-1008 Unlawful delay — Action on complaint.

(a)(1)(A) Prior to any request by a state, municipal, or county official for sanctions against a railroad company for violation of this section and §§ 23-12-1006 and 23-12-1007, the state, municipal, or county official shall state the claim or complaint in writing, by certified mail, to the registered agent of the railroad company in question. (B)(i) Within forty-five (45) days after the receipt of the written claim or complaint by the railroad company, the railroad company shall respond to the claim or complaint stating with specificity the reasons for obstructing a crossing for an unlawful period of time. (ii) This response shall be in writing to the complaining official by certified mail. (2)(A) In the event the issue is not then resolved to the satisfaction of the complaining official, the official shall notify the State Highway Commission in writing and shall enclose a copy of the complaint and response. (B)(i) Within sixty (60) days after receipt of the notice, the commission shall hold a hearing on the complaint. (ii) Notice of the hearing shall be given the railroad and the complainant at least twenty (20) days before the hearing. (C) The commission or its designated representative, after an appropriate notice and hearing on the complaint, shall determine whether the obstruction was for an unlawful period of time under the circumstances. (3)(A) If the commission makes such a finding of unlawful delay based on information presented at a hearing before the commission or before its designated representative, the railroad company charged with the violation shall be subject to a penalty to be imposed by the commission of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) per occurrence. (B)(i) The decision of the commission may be appealed to the circuit court of the county in which the violation occurred at any time within thirty (30) days after the decision is rendered. (ii) Provided, the decision of the commission shall be final unless appealed as authorized herein. (b) After the initial ten-minute period or such other period as may be prescribed by rule of the commission, each ten-minute period or other period as may be prescribed by rule of the commission that the crossing is obstructed by a standing train shall constitute a separate offense, and penalties may be imposed accordingly. (c)(1) If the crossing where a violation occurs is located within the boundaries of a city or town, one-half (½) of the moneys recovered under the provisions of this section and §§ 23-12-1006 and 23-12-1007 shall be placed in the general fund or street fund of the municipality and one-half (½) of the funds shall be placed in the Arkansas Department of Transportation Fund. (2) All other moneys recovered under the provisions of this section shall be divided equally between the Arkansas Department of Transportation Fund and the general road fund of the county in which the violation occurred.

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