§ 23-16-501. Title

This subchapter shall be known as and may be cited as the “Safe Transportation of Railroad Employees by Contract Carriers Act”.

§ 23-16-502. Definitions

As used in this subchapter: (1) “Contract carrier” means a passenger contract carrier that for compensation transports railroad employees with a vehicle designed or used to transport eight (8) persons or less, including the driver; and (2) (A) “On-duty time” means all time at a terminal, facility, or other property of a contract carrier or […]

§ 23-16-503. Driver qualification file

(a) (1) A contract carrier shall maintain a driver qualification file for each driver it employs. (2) The driver qualification file may be combined with the personnel file of the employee. (b) The driver qualification file shall include: (1) A certificate of physical examination conducted by a physician every two (2) years that certifies the […]

§ 23-16-504. Driver disqualification and limitations

(a) A driver is disqualified from driving for a contract carrier under this subchapter if the driver has committed two (2) or more serious traffic violations under § 27-16-401 within a three-year period. (b) (1) A contract carrier shall not allow or require a driver to drive or remain on duty for more than: (A) […]

§ 23-16-505. Driver testing

(a) (1) Before a driver performs any duties for a contract carrier, the driver shall undergo testing for alcohol and controlled substances as provided under 49 C.F.R. § 40 and 49 C.F.R. § 382, as in effect on January 1, 2009. (2) A driver is qualified to drive for a contract carrier if: (A) The […]

§ 23-16-506. Vehicle inspection

(a) A contract carrier shall inspect or cause to be inspected a motor vehicle that it operates for passenger transportation. (b) (1) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commercial motor vehicle and its components at least one (1) time in […]

§ 23-16-507. Maintenance and repair program

(a) A contract carrier shall establish a maintenance and repair program to include at least weekly inspections under this section. (b) A contract carrier’s maintenance and repair program shall include checking parts and accessories for safety and proper operation at all times, including the items under subsection (c) of this section, and overall cleanliness of […]

§ 23-16-508. Access to facilities and records

A contract carrier shall allow an employee of the Arkansas Highway Police Division of the Arkansas Department of Transportation or its designee access to: (1) A facility to determine compliance with this subchapter; and (2) Records or information related to an accident investigation under this subchapter.

§ 23-16-509. Liability protection

A contract carrier or a third party that contracts on behalf of a railroad shall obtain and maintain an insurance policy of five million dollars ($5,000,000) for each motor vehicle that transports railroad employees.

§ 23-16-510. Penalties

(a) (1) A person who knowingly violates a provision of this subchapter is liable to the state for a civil penalty not to exceed one thousand dollars ($1,000) for each violation. (2) Each day that a violation continues is a separate offense. (b) The Arkansas Highway Police Division of the Arkansas Department of Transportation shall […]

§ 23-16-511. Right of railroad to contract

(a) This subchapter is not intended to limit and shall not be construed as limiting the right of a railroad to contract with a contract carrier that certifies to the railroad that it is in compliance with the provisions of this subchapter or any applicable federal requirements. (b) The railroad is entitled to rely on […]