Browse Arkansas Code titles and sections
23-10-424. Unloading cars — Free time — Demurrage charges — Extension of free time.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-424. Unloading cars — Free time — Demurrage charges — Extension of free time.
(a)(1) Loaded cars containing fertilizers, hay, coal, coke, brick, sand, and lumber in covered cars and cars containing, in bulk, meat, potatoes, grain and grain products, or cottonseed and cottonseed hulls, taking track delivery, which are to be unloaded by consignee but, having been placed at an accessible point for unloading, are not unloaded within seventy-two (72) hours, computed from 7:00 a.m. of the day following the day legal notice of arrival is given, may be subject thereafter to a charge of demurrage of five dollars ($5.00) per car for each day or fraction of a day that they may remain loaded in possession of the railroad company.
(2) All other loaded cars taking track delivery to be unloaded by the consignee shall be limited to forty-eight (48) hours of free time.
(b)(1) When, after placing cars as required in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-423, and 23-10-425 — 23-10-431, the railroad company shall, during or after free time, temporarily remove all or any of them, or in any way obstruct the unloading of the cars, then the consignee shall not be chargeable with the delay caused thereby.
(2) When, on account of delay or irregularity in transportation, cars are bunched in transit and delivered to the consignee in numbers beyond his or her reasonable ascertained ability to unload within the free time prescribed in this section, he or she shall be allowed by the carrier such additional time as may be necessary to unload cars so in excess by the exercise of due and usual diligence on the part of the consignee.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-424
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-10-424
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0085a28ca340e1d7042fc43bc4419a1c9199828ca3885d0054d35f73ee047dbf
Source location: content.xml paragraph 5675
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23-10-424. Unloading cars — Free time — Demurrage charges — Extension of free time.
(a)(1) Loaded cars containing fertilizers, hay, coal, coke, brick, sand, and lumber in covered cars and cars containing, in bulk, meat, potatoes, grain and grain products, or cottonseed and cottonseed hulls, taking track delivery, which are to be unloaded by consignee but, having been placed at an accessible point for unloading, are not unloaded within seventy-two (72) hours, computed from 7:00 a.m. of the day following the day legal notice of arrival is given, may be subject thereafter to a charge of demurrage of five dollars ($5.00) per car for each day or fraction of a day that they may remain loaded in possession of the railroad company.
(2) All other loaded cars taking track delivery to be unloaded by the consignee shall be limited to forty-eight (48) hours of free time.
(b)(1) When, after placing cars as required in this section and §§ 23-10-402, 23-10-403, 23-10-405, 23-10-406, 23-10-409 — 23-10-423, and 23-10-425 — 23-10-431, the railroad company shall, during or after free time, temporarily remove all or any of them, or in any way obstruct the unloading of the cars, then the consignee shall not be chargeable with the delay caused thereby.
(2) When, on account of delay or irregularity in transportation, cars are bunched in transit and delivered to the consignee in numbers beyond his or her reasonable ascertained ability to unload within the free time prescribed in this section, he or she shall be allowed by the carrier such additional time as may be necessary to unload cars so in excess by the exercise of due and usual diligence on the part of the consignee.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-402. Definition for §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431.
As used in §§ 23-10-403, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431, unless the context otherwise requires, “railroad company”, “railroad companies”, or “carrier” means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-10-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-403. Application of §§ 23-10-402, 23-10-405, 23-10-406, 23-10-409 — 23-10-431.
Sections 23-10-402, 23-10-405, 23-10-406, and 23-10-409 — 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-10-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-405. Remedies in §§ 23-10-406, 23-10-409 — 23-10-431 cumulative.
The remedies given by §§ 23-10-406 and 23-10-409 — 23-10-431 shall be regarded as cumulative, and §§ 23-10-406 and 23-10-409 — 23-10-431 shall not be construed as repealing any statute giving such remedies.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-405
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-10-405. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-10-406. Penalties for violations of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or rules of department — Actions to recover.
(a) If any person or corporation operating a railroad in this state for the transportation of freight, or any receiver, trustee, or lessee of any such person or corporation, or any other person or corporation as defined in § 23-10-402 or its employees or agents violate any of the provisions of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or aid or abet therein, or violate the tariff of charges or the rules of the Arkansas Department of Transportation as fixed by the department regarding railroad companies upon furnishing cars upon application of shippers, and regarding transportation, delivery, and storage of freight, forbidden pooling, discrimination, rebate, drawback, or other similar device, either directly or indirectly, or regarding any of the rules made by the department based upon §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, and for which there is no other penalty prescribed in §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, then the person, corporation, receiver, trustee, lessee, or any other person or corporation as defined in § 23-10-402 shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431, or of such rules of the department based upon §§ 23-10-402, 23-10-403, 23-10-405, and 23-10-409 — 23-10-431.
(b)(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur.
(2)(A) The department shall institute an action for the recovery of th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-10-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-10-406. This identifies an authority to review, not proof of applicability.