Arkansas Administrative Code
Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION
Rule 001.01.92-004 - Applications and Procedures for Intrastate Authority
Current through Register Vol. 49, No. 2, February 2024
EXHIBIT A
RULE 1.12 - Dismissal of Appeal, Notice to Commission.
Any party appealing an order of the Commission who shall subsequently dismiss such appeal shall promptly notify the Commission in writing of the dismissal of such appeal.
Any party appealing on order of the Commission from a circuit court decision to an appellate court of the state of Arkansas shall promptly notify the Commission in writing of such appeal being taken. Any party that has appealed an order of the Commission to the circuit court or to an appellate court shall notify this Commission within a reasonable time, not to exceed ten days, of the decision entered by the circuit or appellate court.
RULE 2.9 - Service; Pleadings and Papers to Show.
Every pleading, protest, intervention, or verified statement filed by any party and tendered to the Commission for filing shall include a certificate of the party or his attorney showing simultaneous service thereof upon all parties to the proceeding made by registered or certified mail with return receipt required. The return receipt or a photocopy thereof shall be filed with the Commission.
Applications, formal complaints, supplemental complaints, amended complaints, cross complaints, and letters to the Commission relating to oral arguments and subpoenas, when service is required, may be served by depositing same in the U, S. Postal Service with sufficient postage attached thereto to ensure deliveiry and a certification of such service signed by the applicant or his attorney.
RULE 3.12 - Interventions, Petitions.
A petition for leave to intervene in any proceeding should be filed not less than twenty (20) days after the official date of filing, except for good cause shown. Such intervention must show service of a copy on the interested parties or their attorneys by registered or certified mail with return receipt required. The return receipt or a photocopy thereof must be filed with the Commission by said intervener.
RULE 10.2 - Shipper Certification in Support of Applications.
In the event that the applicant secures additional supporting shippers prior to the time verified statements of supporting shippers are due, the applicant shall file a supplemental certification of supporting shipper for each supporting shipper.
RULE 11.4 - Amended paragraph.
No transfer or lease of the certificate or permit, or any part thereof, shall be granted by the Commission unless there has been filed with the Commission a statement by the Treasurer of the State of Arkansas and/or the Commissioner of Revenues, or his authorized deputy, certifying that there are no delinquent taxes outstanding against the transferor or against the certificate or permit sought to be transferred. Notwithstanding the above provisions, the requirements of subsections (h) and (i) above shall not apply in any respect to either the vendor or vendee where the vendor has filed for protection under the federal bankruptcy laws and is transferring the authority as a part of a reorganization or liquidation under an order directing the sale entered under the federal bankruptcy laws.
RULE 13.1 - Schedule of Minimum Limits - Liability
On each motor vehicle used in the transportation of property:
$50,000.00 for bodily injuries to or death of one person.
$100,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.
$3 0,000,00 for loss or damage in any one accident to property of others.
On each motor vehicle used in the transportation of passengers having a seating capacity of twelve passengers or less:
$50,000.00 for bodily injuries to or death of one person.
$80,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.
$3 0,000.00 for loss or damage in any one accident to property of others.
On each motor vehicle used in the transportation of passengers having a seating capacity of thirteen to twenty passengers inclusive:
$50,000.00 for bodily injuries to or death of one person.
$120,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.
$30,000.00 for loss or damage in any one accident to property of others.
On each motor vehicle used in the transportation of passengers having a seating capacity of twenty-one to thirty, inclusive:
$50,000,00 for bodily injuries to or death of one person.
$160,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.
$30,000.00 for loss or damage in any one accident to property of others.
On each motor vehicle used in the transportation of passengers having a seating capacity of thirty-one passengers or over:
$50,000.00 for bodily injuries to or death of one person.
$200,000.00 for bodily injuries to or death of all persons injured or killed in any one accident.
$30,000.00 for loss or damage in any one accident to property of others.
Schedule of Minimum Limits - Cargo
All common carriers of property by motor vehicle are required to file cargo insurance with minimum liability of $5,000.00 with cargo endorsement attached.
RULE 16.6
Definition - The term "charter operation" as used in this rule means the providing of transportation for a group assembled by someone other than the carrier, which contracts for the exclusive use of a bus for the duration of a particular trip or tour; this irregular call-on-demand type of service may not evolve into any regularly scheduled service over fixed routes. Such charter operation shall be provided at a fixed charge for the vehicle in accordance with the carrier's tariff lawfully on file with the Commission.
The term 'special operation" shall mean the type of service generally rendered to a number of passengers in which the -carrier itself has assembled a travel group through its own sales to each individual passenger of a ticket covering a particular trip or tour planned or arranged by the carrier. Such special service must be the type service that could not be provided by a passenger carrier operating under regular route authority or under the definition of charter operations found above.
The term "regular route or routes" as used in this rule means the specific highway or highways over which a motor common carrier of passengers is authorized to operate between fixed termini.
RULE 17.1 - General Safety Requirements.
All rules and safety regulations now or hereafter prescribed and adopted by the U. S. Department of Transportation, Federal Highway Administration, applicable to motor vehicles under the Federal Motor Carrier Safety Regulations as found in 49 C.F.R. Parts 383 through 399, not in conflict with the laws of the State of Arkansas, are hereby adopted and prescribed as the safety rules and regulations applicable to the intrastate operations of motor vehicles under the jurisdiction of this Commission. Notwithstanding the above, the rules and regulations governing the filing of insurance/surety for the public, specifically 49 C.F.R. Part 387.15 and 49 C.F.R. Part 387.35, shall not apply to those carriers having only Arkansas intrastate authority; in that case, those intrastate only carriers shall maintain the minimum limits set out in Rule 13.1 and Rule HM 1.4 of these rules.
NEW RULE B-8 - Surety for Brokers
Each broker holding a license issued by the Arkansas State Highway Commission under the provisions of Ark. Code Ann. § 23-13-2 3 0 shall at all times have a bond or other security approved by and on file with the Commission in an amount not less than $25,000, in order to ensure financial responsibility in the supplying of authorized transportation services under such broker's license.
HM RULE 1.4 - Minimum Insurance Requirement
In addition to the minimum insurance requirements set out in_ Rule 13-1 of the General Rules of Practice and Procedure of this Commission, each motor vehicle used to transport hazardous materials must at all times comply with the following minimum insurance requirements:
