(a) To provide motor carrier service for which there is an urgent and immediate need to, from, or between points within a territory having no motor carrier service deemed capable of meeting that need, the Arkansas Department of Transportation in its discretion and without hearing or other proceeding may grant temporary authority for a period not exceeding ninety (90) days for the service by common or contract carrier, as the case may be. Satisfactory proof of the urgent and immediate need shall be made by affidavit or other verified proof, as the department shall prescribe.
(b) The temporary authority shall be granted only upon payment of a filing fee in the amount of twenty-five dollars ($25.00) and compliance with the requirements of §§ 23-13-227 and 23-13-244. The filing fees shall be collected by the department to be deposited into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
(c) After the temporary authority is granted, the department shall notify any carrier already authorized to perform all or any part of the service so authorized temporarily. Upon application in writing by the carrier, the department shall hold such hearings and make such further determination with respect to such temporary authority as the public interest shall require.
(d) The grant of temporary authority shall not be extended for any cause.
(e) Issuance of such temporary authority shall create no presumption that corresponding permanent authority will be granted thereafter.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Subchapter 2 - Arkansas Motor Carrier Act, 1955
§ 23-13-204. Applicability of subchapter
§ 23-13-205. Interstate commerce unaffected by subchapter
§ 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
§ 23-13-213. 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
§ 23-13-227. Certificates and permits — Security for the protection of the public
§ 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
§ 23-13-235. Annual fees charged carriers — Remittance — Disposition of funds
§ 23-13-238. Common carriers — Rates, fares, rules, etc. — Complaints
§ 23-13-239. Common carriers — Rates, fares, rules, etc. — Determination by department
§ 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
§ 23-13-248. Contract carriers — Complaints
§ 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
§ 23-13-259. Lessor to unauthorized persons deemed motor carrier
§ 23-13-260. Violations of subchapter — Jurisdiction of cases
§ 23-13-262. Actions to recover penalties
§ 23-13-263. Lien declared to secure payment of fines and penalties