Arkansas Code
Subchapter 2 - Arkansas Motor Carrier Act, 1955
§ 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, may force by writ of mandatory injunction the department to take jurisdiction.

Structure Arkansas Code

Arkansas Code

Title 23 - Public Utilities and Regulated Industries

Subtitle 1 - Public Utilities And Carriers

Chapter 13 - Motor Carriers

Subchapter 2 - Arkansas Motor Carrier Act, 1955

§ 23-13-201. Title

§ 23-13-202. Purpose

§ 23-13-203. Definitions

§ 23-13-204. Applicability of subchapter

§ 23-13-205. Interstate commerce unaffected by subchapter

§ 23-13-206. Exemptions

§ 23-13-207. Regulation by department

§ 23-13-208. General duties and powers of department

§ 23-13-209. Mandatory injunction — Requirement that department take jurisdiction

§ 23-13-210. Hearings before department

§ 23-13-211. Appeals — Entitlement

§ 23-13-212. Appeals — Notice

§ 23-13-213. Appeals — Stay of operating authority pending appeal

§ 23-13-214. Appeals — Transcripts

§ 23-13-215. Appeals — Filing fees

§ 23-13-216. Agent for service of process, notices, or orders

§ 23-13-217. Enforcement officers

§ 23-13-218. Certificate of public convenience and necessity — Requirement

§ 23-13-219. Certificate of public convenience and necessity — Application and fees

§ 23-13-220. Certificate of public convenience and necessity — Issuance — Notice and hearing

§ 23-13-221. Certificate of public convenience and necessity — Terms and conditions

§ 23-13-222. Permits for contract carriers — Requirement

§ 23-13-223. Permits for contract carriers — Application and fees

§ 23-13-224. Permits for contract carriers — Issuance

§ 23-13-225. Permits for contract carriers — Terms and conditions — Contracts for services

§ 23-13-226. Dual operation

§ 23-13-227. Certificates and permits — Security for the protection of the public

§ 23-13-228. Transportation of persons or property in interstate commerce on public highways unlawful without adequate surety

§ 23-13-229. Temporary authority

§ 23-13-230. Brokers — Licenses — Rules for protection of public

§ 23-13-231. Certificates, permits, and licenses — Effective dates

§ 23-13-232. Certificates, permits, and licenses — Transfer, assignment, etc

§ 23-13-233. Certificates, permits, and licenses — Amendment, revocation, and suspension

§ 23-13-234. Operation without certificate or permit prohibited — Violation of terms, conditions, etc., of certificate, permit, or license prohibited

§ 23-13-235. Annual fees charged carriers — Remittance — Disposition of funds

§ 23-13-236. Common carriers — Duties as to transportation of passengers and property — Rates, charges, rules, etc

§ 23-13-237. Common carriers — Rates, fares, and charges to be just and reasonable — Unreasonable preferences or advantages prohibited

§ 23-13-238. Common carriers — Rates, fares, rules, etc. — Complaints

§ 23-13-239. Common carriers — Rates, fares, rules, etc. — Determination by department

§ 23-13-240. Common carriers — Rates, charges, rules, etc. — Establishment and division of joint rates, charges, etc

§ 23-13-241. Common carriers — Schedules, rules, etc., affecting rates, fares, etc. — Hearings — Suspension proceedings

§ 23-13-242. Common carriers — Rates, charges, rules, etc. — Factors of reasonableness or justness

§ 23-13-243. Sections 23-13-236 — 23-13-242 cumulative

§ 23-13-244. Tariffs of common carriers by motor vehicle

§ 23-13-245. Contract carriers — Schedule of minimum rates and charges, rules, and practices — Requirement — Filing, posting, and publishing required

§ 23-13-246. Contract carriers — Schedule of minimum rates and charges, rules, and practices — Adherence to schedule required — Exceptions

§ 23-13-247. Contract carriers — Schedule of minimum rates and charges, rules and practices — Notice of proposed changes

§ 23-13-248. Contract carriers — Complaints

§ 23-13-249. Contract carriers — Schedule of rules, etc., affecting rates, fares, etc. — Hearings — Suspension proceedings

§ 23-13-250. Contract carriers — Schedule of minimum rates and charges, rules and practices — Establishment by department

§ 23-13-251. Collection of rates and charges

§ 23-13-252. Receipts or bills of lading

§ 23-13-255. Access to property, equipment, and records

§ 23-13-256. Identification of equipment

§ 23-13-257. Violations by carriers, shippers, brokers, etc., or employees, agents, etc. — Penalties

§ 23-13-258. Operation of motor vehicle while in possession of, consuming, or under influence of any controlled substance or intoxicating liquor prohibited — Definition

§ 23-13-259. Lessor to unauthorized persons deemed motor carrier

§ 23-13-260. Violations of subchapter — Jurisdiction of cases

§ 23-13-261. Injunction against violation of subchapter, rules, etc., or terms and conditions of certificate, permit, or license

§ 23-13-262. Actions to recover penalties

§ 23-13-263. Lien declared to secure payment of fines and penalties

§ 23-13-264. Disposition of forfeited bonds and fines

§ 23-13-265. Exempt motor carrier to possess annual receipt