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§ 23-4-701. Definition

As used in this act, unless the context otherwise requires, “engaged in transporting persons or property” shall be held to include all carriers of property by railroad, whether the carriers are designated as freight or express.

§ 23-4-702. Application of Acts 1899, No. 53

(a) All the provisions of this act shall apply to and include all persons, companies, or corporations carrying property on any railroad as express matter and known as express companies, as fully as if the persons, companies, or corporations were specially named and designated in this act. (b) All the provisions of this act shall […]

§ 23-4-703. Acts 1899, No. 53, not applicable to interstate traffic

The provisions of this act shall not be construed as to require the Arkansas Department of Transportation to investigate or call upon any railroad or express company for its schedule or tariff of charges in the transportation of passengers or property from any point wholly outside of this state or to in any way interfere […]

§ 23-4-704. Remedies cumulative

The remedies given by this act shall be regarded as cumulative. This act shall not be construed as repealing any statute giving such remedies.

§ 23-4-706. Penalties — Actions to recover

(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of this act or aids or abets, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any […]

§ 23-4-707. Rate schedules

(a) All persons or corporations engaged in the transportation of passengers or property shall and are required to keep posted up at every depot under the control of or in use by those persons or corporations, in a conspicuous place therein, plainly and legibly printed schedules which shall state: (1) The different kinds and classes […]

§ 23-4-708. Rate sheets and tariff charges furnished department by railroads

(a) Every person or corporation operating any railroad or express business in this state is required to furnish the Arkansas Department of Transportation, within fifteen (15) days after notice to do so, with the rate sheet and tariff charges for transportation of every kind over the railroad. (b) The department shall fix rates and tariffs […]

§ 23-4-709. Ratemaking procedure

(a) It shall be the duty of the Arkansas Department of Transportation to: (1) Examine and revise the rate sheet and tariff charges for freight or express matter for each railroad in this state; (2) Determine whether or not, and in what manner, if any, the charges and rates are more than just and reasonable […]

§ 23-4-710. Discrimination in passenger or freight rates or services prohibited

(a) It shall be unlawful for any person or corporation engaged alone or associated with others in the transportation of passengers or property by railroad in this state, as freight or express, directly or indirectly, to demand or receive from any person, firm, company, or corporation any greater or lesser rate or amount of compensation […]

§ 23-4-711. Contracts for pooling freight or dividing revenues prohibited

It shall be unlawful for any person or corporation engaged in the transportation of passengers or property, as mentioned in § 23-4-710, to make or enter into any contract, agreement, or combination, directly or indirectly, for the pooling of freight, or to pool the freight of the different railroads or lines by dividing between them […]

§ 23-4-712. Differentiation in compensation for long and short hauls prohibited

It shall be unlawful for any person or corporation engaged as specified in § 23-4-710 to demand or receive a greater amount of compensation for services rendered for a similar amount and kind of property as a charge for receiving, storing, loading, unloading, carrying, or delivering the property under similar circumstances and conditions and demand […]

§ 23-4-713. Reduced rate tickets allowed

Nothing in this act shall be so construed as to prevent any person or corporation operating a railroad in this state from issuing or selling at reduced rates emigrant, excursion, or commutation tickets, or from carrying free or at reduced rates any property for schools, churches, fairs, exhibitions, or charitable institutions, or for this state […]

§ 23-4-714. Complaints — Investigation

It shall be the duty of the Arkansas Department of Transportation, upon the complaint of any person, company, or corporation in writing, charging any person or corporation with discrimination or overcharge, to investigate the complaint and take such action in the premises as is provided in this act and which the facts in the case […]

§ 23-4-715. Complaints — Hearings

It shall be the duty of the Arkansas Department of Transportation to hear all complaints made by any person, firm, or corporation against any such tariff of charges so approved, to hear the parties to the controversy in person or by attorney, or both. The department may take testimony, orally or in writing, and regulate […]

§ 23-4-716. Liability as to rates approved by department

In no instance shall any person or corporation operating a railroad or express company, the schedule of charges of which have been submitted to, revised, and approved by the Arkansas Department of Transportation, be civilly or criminally liable for the making of any charge that has been authorized by the tariff of charges approved by […]

§ 23-4-718. Access to railroad books by department — Penalties

(a) (1) The Arkansas Department of Transportation shall have the right at such times as the department deems necessary to inspect the books and papers of any railroad company and to examine under oath any officer, agent, or employee of the railroad in relation to the business and affairs of the railroad. (2) If any […]

§ 23-4-719. Enforcement of Acts 1899, No. 53 — Mandamus

If any person or corporation operating any railroad or express company fails, refuses, or neglects, after notice by the Arkansas Department of Transportation, to put up its rate sheet, giving its tariff of charges in the manner, place, and time as provided in this act; to furnish the department with the rate sheet and tariff […]

§ 23-4-720. Disposition of funds

All fines and penalties recovered under the provisions of this act shall be paid into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.