(a)
(1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than five dollars ($5.00) per car per day or fraction of a day may be assessed and collected on all cars which have not been tendered to the railroad company with shipping instructions within the forty-eight (48) hours.
(2) Should the shipper fail to begin loading within forty-eight (48) hours after the expiration of free time, the railroad company shall consider the cars released and may assess and collect ten dollars ($10.00) on each car to cover the demurrage then due, provided that the delay is not caused by unavoidable accident or strike. The cars are to be released at once.
(3) If, after placing the cars required by § 23-10-413, the railroad company temporarily removes any or all of them or in any way prevents, obstructs, or delays the loading of the cars during or after the free time, the shipper shall not be chargeable with the delay caused thereby.
(b) When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are bunched in excess of the ability of the shipper to load, as indicated in his or her application, the shipper shall be allowed separate and distinct periods of free time within which to load the cars specified in each separate application.
(c) Railroad companies shall not be compelled to furnish cars for future shipments to parties in default as to the payment of demurrage charges provided for in subdivision (a)(2) of this section until the demurrage charges have been paid.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 10 - Transportation Of Passengers And Freight Generally
Subchapter 4 - Freight — Railroads
§ 23-10-401. Definition for §§ 23-10-432 — 23-10-437 and 23-12-605
§ 23-10-402. Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431
§ 23-10-403. Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431
§ 23-10-404. Remedies in §§ 23-10-438 — 23-10-440 cumulative
§ 23-10-405. Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative
§ 23-10-407. Reasonable rules for transportation of freight permitted
§ 23-10-408. Contracts or rules abridging liability of railroad void
§ 23-10-409. Free or reduced rate transportation permitted
§ 23-10-410. Discrimination as to freight prohibited — Pooling, rebates, etc., prohibited
§ 23-10-411. Forwarding freight over connecting lines — Preferences prohibited — Exceptions
§ 23-10-412. Demurrage charges generally
§ 23-10-413. Duty to furnish cars to shipper
§ 23-10-414. Duty to furnish cars — Interstate railroads
§ 23-10-415. Duty to exchange and return cars
§ 23-10-416. Loading of cars generally
§ 23-10-417. Cars detained for fault of shipper — Demurrage charges
§ 23-10-418. Receipt and transport of freight — Time restraints
§ 23-10-419. Delivery of freight
§ 23-10-420. Notice to consignee of arrival of freight — Penalty for failure to give
§ 23-10-421. Notice of arrival of freight — Free time
§ 23-10-422. Shipment to consignor's order — Notice
§ 23-10-423. Package freight unloaded by railroad — Storage charges
§ 23-10-424. Unloading cars — Free time — Demurrage charges — Extension of free time
§ 23-10-425. Loading or unloading — Additional free time when weather inclement
§ 23-10-427. Storage of freight after failure to unload — Charges
§ 23-10-428. Refusal of freight — Notice to consignor — Liability for demurrage
§ 23-10-429. Employee demanding or receiving extra pay for furnishing car to shipper — Penalty
§ 23-10-430. Recovery of demurrage, forfeitures, and charges
§ 23-10-432. Duty to furnish cars — Reasonable time for requesting cars
§ 23-10-433. Exceptions to duty to furnish or exchange cars
§ 23-10-434. Liability for failure to furnish or exchange cars — Exceptions
§ 23-10-435. Liability for cars of another railroad
§ 23-10-437. Intrastate freight — Rules
§ 23-10-438. Perishable freight — Duty to furnish cars — Exceptions — Penalty
§ 23-10-439. Perishable freight — Time for loading — Demurrage charges
§ 23-10-440. Forwarding perishable freight — Penalty for failure
§ 23-10-441. Shipper's pass on shipments of livestock or poultry
§ 23-10-442. Shipments of sheep and hogs