§ 23-12-1001. Title
This subchapter may be referred to as the “Railroad Safety and Regulatory Act of 1993”.
§ 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 […]
§ 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.
§ 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 […]
§ 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 […]
§ 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 […]
§ 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, […]
§ 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 […]