§ 23-13-201. Title
This subchapter may be cited as the “Arkansas Motor Carrier Act, 1955”.
§ 23-13-202. Purpose
It is declared that it is necessary in the public interest to regulate transportation by motor carriers in such manner as to: (1) Recognize and preserve the inherent advantages of and foster sound economic conditions in such transportation and among such carriers; (2) Promote adequate, economical, and efficient service by motor carriers and reasonable charges […]
§ 23-13-203. Definitions
(a) As used in this subchapter, unless the context otherwise requires: (1) “Broker” means any person not included in the term “motor carrier” and not a bona fide employee or agent of any motor carrier. A “broker”, as principal or agent, sells or offers for sale any transportation subject to this subchapter, or negotiates for, […]
§ 23-13-204. Applicability of subchapter
(a) The provisions of this subchapter, except as specifically limited in this subchapter, shall apply to the transportation of passengers or property by motor carriers over public highways of this state and the procurement of, and provisions of, facilities for such transportation. (b) Provided, nothing contained in this subchapter shall be construed to authorize the […]
§ 23-13-205. Interstate commerce unaffected by subchapter
Nothing in this subchapter shall be construed to interfere with the exercise by agencies of the United States Government of its power of regulation of interstate commerce.
§ 23-13-206. Exemptions
(a) Nothing in this subchapter shall be construed to include: (1) (A) Motor vehicles: (i) Employed solely in transporting schoolchildren and teachers to or from school; and (ii) Used in carrying: (a) Set-up houses; (b) Ordinary livestock; (c) Unprocessed fish, including shellfish; (d) Unprocessed agricultural commodities; (e) Baled cotton; (f) Cottonseed; (g) Cottonseed meal; (h) […]
§ 23-13-207. Regulation by department
The regulation of the transportation of passengers or property by motor carriers over the public highways of this state, the procurement thereof, and the provisions of facilities is vested in the Arkansas Department of Transportation.
§ 23-13-208. General duties and powers of department
It shall be the duty of the Arkansas Department of Transportation: (1) To regulate common carriers by motor vehicle as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to continuous and adequate service and transportation of baggage and express. It may establish reasonable requirements with respect to uniform […]
§ 23-13-209. Mandatory injunction — Requirement that department take jurisdiction
Where the Arkansas Department of Transportation, in respect to any matter arising under this subchapter, has issued a negative order solely because of a supposed lack of power, any party in interest may file a bill of complaint in the Pulaski County Circuit Court. The court, if it determines that the department has the power, […]
§ 23-13-210. Hearings before department
(a) Any matter arising in the administration of this subchapter concerning which a hearing is required shall be heard by the Arkansas Department of Transportation. (b) A decision of the majority of the members of the department shall constitute its decision. (c) The department may assign or refer the matter to an employee or board […]
§ 23-13-211. Appeals — Entitlement
Any final order made under this subchapter is subject to the same right of appeal by any party to the proceedings as is provided by § 23-2-425, in respect to appeals from the order of the Arkansas Department of Transportation.
§ 23-13-212. Appeals — Notice
Upon the filing of a motion for appeal, the Arkansas Department of Transportation shall forthwith serve notice of the appeal upon all parties to the proceeding appealed from.
§ 23-13-213. Appeals — Stay of operating authority pending appeal
If the party appealing desires to stay the beginning of the operating authority granted by the Arkansas Department of Transportation, the party shall file with the motion for appeal a bond, with surety thereon approved by the Pulaski County Circuit Court. The bond shall be conditioned that the appealing party will pay to the party […]
§ 23-13-214. Appeals — Transcripts
(a) Where any appeal is taken, as provided in §§ 23-13-211 — 23-13-215 or by other statutes with regard to appeals from orders of the Arkansas Department of Transportation, the secretary of the department shall cause to be prepared, for use on the appeal, an accurate and true copy of the record of proceedings before […]
§ 23-13-215. Appeals — Filing fees
The secretary of the Arkansas Department of Transportation shall immediately notify the party filing the motion for appeal the date of the deposit of the transcript with the clerk of the Pulaski County Circuit Court. Within ten (10) days from the date of the deposit of the transcript, the party shall pay to the clerk […]
§ 23-13-216. Agent for service of process, notices, or orders
(a) (1) It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be made under this subchapter. The […]
§ 23-13-217. Enforcement officers
(a) The State Highway Commission shall name and designate enforcement officers charged with the duty of policing and enforcing the provisions of this subchapter. (b) The enforcement officers shall have authority to enforce § 27-50-308 and the Omnibus DWI or BWI Act, § 5-65-101 et seq., and shall have authority to make arrests for violation […]
§ 23-13-218. Certificate of public convenience and necessity — Requirement
No common carrier by motor vehicle subject to the provisions of this subchapter shall engage in any operation on any public highway in this state unless there is in force with respect to such a carrier a certificate of public convenience and necessity issued by the Arkansas Department of Transportation authorizing such an operation.
§ 23-13-219. Certificate of public convenience and necessity — Application and fees
(a) Applications for certificates of public convenience and necessity shall be made in writing to the Arkansas Department of Transportation, be verified under oath, shall be in such form, contain such information, and be accompanied by proof of service upon such interested parties as the department by rule shall require. (b) Every application shall be […]
§ 23-13-220. Certificate of public convenience and necessity — Issuance — Notice and hearing
(a) (1) Subject to the provisions of this subchapter, a certificate of public convenience and necessity shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application if it is found that the applicant is fit, willing, and able properly to perform the service proposed […]