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Subchapter 1 - General Provisions
§ 23-12-101. Sections 23-12-101 — 23-12-103 cumulative - The provisions of this section and §§ 23-12-102 and 23-12-103...
§ 23-12-102. Inspection of railroads by department - The Arkansas Department of Transportation shall carefully examine the condition...
§ 23-12-103. Unsafe tracks, bridges, etc. — Inspection — Notice to railroad of necessary repairs, etc. — Failure to repair or to stop traffic — Liability for injuries — Penalties - (a) (1) It shall be the duty of the Arkansas...
§ 23-12-104. Number and frequency of trains and streetcars - (a) If in the judgment of the Arkansas Department of...
§ 23-12-105. Attorney's fee taxed in suits for transportation violations - In all actions at law or suits in equity against...
Subchapter 2 - Roadbeds and Rights-of-Way
§ 23-12-201. Maintenance of right-of-way free from obstructions — Penalty - (a) (1) All railroad corporations operating in this state shall...
§ 23-12-202. Permitting certain weeds to seed on right-of-way unlawful — Recovery of damages - (a) It shall be unlawful for any railroad or railway...
§ 23-12-203. Clearing right-of-way following derailment or wreck - (a) Any railroad operating in this state shall be required...
§ 23-12-204. Drainage of roadbed — Penalty for noncompliance - (a) Any railroad company or corporation conducting or operating a...
§ 23-12-205. Sale of certain abandoned rights-of-way to municipalities - (a) The term “abandons” as used in this section shall...
§ 23-12-206. Rail line abandonment process - (a) After an operator of a railroad within the State...
§ 23-12-207. Transfer of ownership or responsibility of railroad right-of-way - (a) Any municipality, county, regional mobility authority, or regional intermodal...
Subchapter 3 - Crossings and Switches
§ 23-12-301. Railroad crossings to be under supervision of commission - The State Highway Commission shall have exclusive power to: (1)...
§ 23-12-302. Railroad switch connections to be permitted - Every railroad company shall permit switch connections for intrastate business...
§ 23-12-303. Connections or crossings with other railroads — Compensation — Damages - (a) (1) Every railroad corporation created and organized under the...
§ 23-12-304. Inspection of road crossings by commission — Hearings and orders - (a) (1) It shall be the duty of the State...
§ 23-12-306. Public roads to cross railroads at right angles - (a) When any public road or highway is laid out,...
§ 23-12-308. Removal of fences for public convenience — Penalty for noncompliance - (a) At all public crossings, at all places where the...
Subchapter 4 - Equipment — Safety Precautions
§ 23-12-402. Locomotives to have headlights of requisite candlepower - (a) Any company, corporation, or officer of court, owning or...
§ 23-12-404. Equipment required on track motor cars - (a) No railroad company in this state shall use any...
§ 23-12-406. Transportation of hazardous materials - Any railroad transporting hazardous materials, as defined in the Hazardous...
§ 23-12-407. Repairs to cars to be done in state — Exceptions - (a) (1) All railroad corporations operating within the State of...
§ 23-12-408. Lights to be placed on switches - (a) Any company, corporation, or officer of court or any...
§ 23-12-409. Signals and signboards required at tunnels - (a) (1) Every person, company, or corporation operating any railroad...
§ 23-12-410. Audible warning device to be sounded at crossing — Penalty and damages - (a) To give warning of a train's approach, an audible...
§ 23-12-411. Warning boards required at crossings — Exception - (a) Every railroad corporation in this state shall cause boards...
§ 23-12-412. Stock guards required when railroad passes through enclosure - (a) (1) It shall be the duty of all railroad...
Subchapter 5 - Employees
§ 23-12-501. Definitions for §§ 23-12-501 — 23-12-507 - As used in this section and §§ 23-12-502 — 23-12-507,...
§ 23-12-502. Construction of §§ 23-12-501 — 23-12-507 - Nothing in this section and §§ 23-12-501 and 23-12-503 —...
§ 23-12-503. Liability for injury or death of employee generally - Every common carrier by railroad in this state shall be...
§ 23-12-504. Death or injury caused by defective cars, appliances, etc. — Presumption of knowledge — Prima facie evidence of negligence - (a) If the employee of any common carrier shall receive...
§ 23-12-505. Death or injury of employee — Contributory negligence - (a) In all rights of action arising within, or by...
§ 23-12-506. Death or injury of employee — No assumption of risk - An employee shall not be held to have assumed the...
§ 23-12-507. Death or injury of employee — Contracts of employment or indemnity insurance no defense — Setoff by employer - (a) No contract of employment, insurance, relief benefit, or indemnity...
§ 23-12-508. Railroads receiving hospital fees to provide hospital facilities in state — Penalty for noncompliance - (a) (1) Every railroad company or corporation operating railroads in...
§ 23-12-509. Limit on hours of service on freight trains of persons running trains — Penalties for noncompliance — Liability for death or injury - (a) (1) Any company owning or operating a railroad over...
§ 23-12-510. Limit of hours on duty of telephone and telegraph operators for railroads — Penalties - (a) It shall be unlawful for any person, corporation, association,...
§ 23-12-512. Blocks in frogs and guardrails required - (a) Any company owning or operating any railroads in this...
§ 23-12-514. Standard employee identification requirements — Findings — Definitions - (a) The General Assembly finds that: (1) The services provided...
Subchapter 6 - Train Service Generally
§ 23-12-601. Trains to run on regular schedule — Accommodations for passengers — Damages for noncompliance - (a) Every railroad corporation shall start and run their cars...
§ 23-12-602. Transfer of passengers, freight, and mail at crossings, intersections, etc. — Damages - (a) Every railroad company operating a railroad in this state...
§ 23-12-603. Department may require passenger trains to stop at all stations — Exception - (a) The Arkansas Department of Transportation is empowered to require...
§ 23-12-604. Duty to erect depot and stop passenger trains in cities and towns near state line — Exception — Penalty - (a) Any railroad company owning or operating a line of...
§ 23-12-605. Union passengers or freight depots - (a) The Arkansas Department of Transportation shall have power to...
§ 23-12-606. Stopping train within town limits upon petition — Facilities to be maintained — Enforcement — Damages — Penalty - (a) (1) When not fewer than fifty (50) citizens of...
§ 23-12-607. Petitions for establishment, discontinuance, modification, etc., of service — Authority of department - The Arkansas Department of Transportation is authorized, empowered, and required...
§ 23-12-608. Establishment, discontinuance, modification, etc., of service generally — Investigation of objects sought to be accomplished — Findings - (a) Within thirty (30) days after the filing of a...
§ 23-12-609. Establishment, discontinuance, modification, etc., of service generally — Failure to comply with findings and mandate — Penalty - (a) Any railroad, railroad company, lessee, or operator of the...
§ 23-12-610. Petitions to establish, reestablish, or enlarge service - A petition for establishment, reestablishment, or enlargement of railroad train...
§ 23-12-611. Discontinuance, dualization, or modification of agency station — Petitions to reestablish - (a) Any railroad operating in this state may file with...
§ 23-12-612. Abandonment of operations without authority — Stockholders to offer stock for sale — Penalty — Enforcement - (a) When any railroad corporation organized under the laws of...
§ 23-12-613. Receiver appointed upon attempt to abandon - (a) If any railroad corporation, manager, or receiver shall attempt...
§ 23-12-614. Posting information regarding National Human Trafficking Resource Center Hotline - A passenger train station governed by this subchapter shall post...
Subchapter 7 - Policing Trains
§ 23-12-701. Railroad police — Purpose — Appointment - Any railroad company or corporation owning or operating a railroad...
§ 23-12-702. Railroad police — Oath and bonds - Before entering into the performance of his or her duties,...
§ 23-12-703. Railroad police — Powers - Each police officer shall have and exercise throughout the State...
§ 23-12-704. Railroad police — Jailing of persons arrested - The keepers of jails in any county or municipality wherein...
§ 23-12-705. Railroad police — Identification - When on duty, every railroad police officer appointed shall have...
§ 23-12-706. Railroad police — Compensation - The compensation for railroad police officers shall be paid by...
§ 23-12-707. Railroad police — Termination of powers - When a company no longer requires the services of a...
§ 23-12-708. Drinking or drunkenness in public places — Arrests by railroad conductors - (a) (1) Every railroad conductor is authorized and empowered to...
Subchapter 8 - Offenses Relating to Railroads
§ 23-12-802. Trespassers boarding trains - Any person who shall board any passenger, freight, or other...
§ 23-12-804. Discharge of firearms or throwing objects at railroad or street car - If any person wantonly, maliciously, or mischievously discharges firearms or...
§ 23-12-805. Willful interference with railroads — Damages - (a) If any person shall willfully do or cause to...
§ 23-12-807. Engineer or conductor intoxicated - While in charge of a locomotive engine running upon any...
Subchapter 9 - Liability for Injuries
§ 23-12-901. Legislative intent - It is the intent and purpose of this section and...
§ 23-12-902. Liability for injury to persons or property generally - All railroads which are built and operated in whole or...
§ 23-12-903. Parties to actions for personal injuries - When any adult person is wounded by railroad trains running...
§ 23-12-904. Personal injury, property damage, or death — Contributory negligence no complete defense - In all suits against railroads for personal injury, property damage,...
§ 23-12-905. Service of process upon agent of railroad company - Service by process of summons issued by any court under...
§ 23-12-906. Levy and sale of railroad property under execution - The property of any railroad company may be levied on...
§ 23-12-907. Duty of persons running trains to keep lookout — Contributory negligence no bar to recovery of damages - (a) (1) It shall be the duty of all persons...
§ 23-12-908. Killing or injuring livestock — Notice — Damages recoverable on failure to advertise - (a) (1) Whenever any stock, such as horses, cows, hogs,...
§ 23-12-909. Killing or injuring livestock — Actions - Any person owning in his or her own right or...
§ 23-12-910. Killing or injuring livestock — Prima facie evidence — Burden of proof - The killing of stock on any railroad track shall be...
§ 23-12-912. Killing or injuring livestock — Arbitration - (a) (1) When any livestock are killed or wounded by...
§ 23-12-913. Liability for fires - (a) All corporations, companies, or persons engaged in operating any...
Subchapter 10 - Railroad Safety and Regulatory Act of 1993
§ 23-12-1001. Title - This subchapter may be referred to as the “Railroad Safety...
§ 23-12-1002. Jurisdiction - The State Highway Commission administers the railroad crossing safety program...
§ 23-12-1003. Maintenance of crossings of public roads and railroads — Failure to comply — Penalties - The State Highway Commission is hereby designated as the sole...
§ 23-12-1004. Powers and duties - (a) The State Highway Commission shall make such investigation and...
§ 23-12-1005. Inadequate action or unreasonable refusal — Action on complaint - (a) (1) (A) Prior to any request by a state,...
§ 23-12-1006. Operation and movement of trains — Regulations, penalties, and enforcement - The State Highway Commission is hereby designated as the sole...
§ 23-12-1007. Investigations — Rules - (a) (1) The State Highway Commission shall make such investigations...
§ 23-12-1008. Unlawful delay — Action on complaint - (a) (1) (A) Prior to any request by a state,...