Browse Arkansas Code titles and sections
23-13-601. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-13-601. Definitions.
As used in this subchapter:
(1) “Broker” means a person other than a motor carrier or an employee or agent of a motor carrier that as a principal or an agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for transportation by motor carrier for compensation;
(2) “Commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo if the vehicle:
(A) Has a gross vehicle weight rating or gross vehicle weight of at least ten thousand one pounds (10,001 lbs.), whichever is greater;
(B) Is designed to transport more than ten (10) passengers including the driver; or
(C) Is used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. § 5103, as it existed on January 1, 2007, and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 U.S.C. § 5103, as it existed on January 1, 2007;
(3) “Freight forwarder” means a person holding itself out to the general public other than as a pipeline, rail, motor, or water carrier to provide transportation of property for compensation and in the ordinary course of its business:
(A) Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) Assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C)(i) Uses for any part of the transportation a carrier subject to jurisdiction under 49 U.S.C. § 10101 et seq., as it existed on January 1, 2007.
(ii) “Freight forwarder” does n
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-13-601
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Stable record: arkansas_code:legal_authorities:23-13-601
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 010a2ebbcdde133bb02a439c93030ac27f6e44e4b446e51e544f6ee1075cb0b1
Source location: content.xml paragraph 9885
Stored source content
23-13-601. Definitions.
As used in this subchapter:
(1) “Broker” means a person other than a motor carrier or an employee or agent of a motor carrier that as a principal or an agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for transportation by motor carrier for compensation;
(2) “Commercial motor vehicle” means a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo if the vehicle:
(A) Has a gross vehicle weight rating or gross vehicle weight of at least ten thousand one pounds (10,001 lbs.), whichever is greater;
(B) Is designed to transport more than ten (10) passengers including the driver; or
(C) Is used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. § 5103, as it existed on January 1, 2007, and transported in a quantity requiring placarding under regulations prescribed by the secretary under 49 U.S.C. § 5103, as it existed on January 1, 2007;
(3) “Freight forwarder” means a person holding itself out to the general public other than as a pipeline, rail, motor, or water carrier to provide transportation of property for compensation and in the ordinary course of its business:
(A) Assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments;
(B) Assumes responsibility for the transportation from the place of receipt to the place of destination; and
(C)(i) Uses for any part of the transportation a carrier subject to jurisdiction under 49 U.S.C. § 10101 et seq., as it existed on January 1, 2007.
(ii) “Freight forwarder” does not include a person using transportation of an air carrier subject to 49 U.S.C. § 40101 et seq., as it existed on January 1, 2007;
(4) “Leasing company” means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder;
(5) “Motor carrier” means a person providing commercial motor vehicle transportation for compensation; and
(6) “Motor private carrier” means a person other than a motor carrier transporting property by commercial motor vehicle when:
(A) The transportation is interstate commerce as provided in 49 U.S.C. § 13501, as it existed on January 1, 2007;
(B) The person is the owner, lessee, or bailee of the property being transported; and
(C) The property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
In regulating the railroad industry, it is the policy of the United States Government—
(1) to allow, to the maximum extent possible, competition and the demand for services to establish reasonable rates for transportation by rail;
(2) to minimize the need for Federal regulatory control over the rail transportation system and to require fair and expeditious regulatory decisions when regulation is required;
(3) to promote a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues, as determined by the Board;
(4) to ensure the development and continuation of a sound rail transportation system with effective competition among rail carriers and with other modes, to meet the needs of the public and the national defense;
(5) to foster sound economic conditions in transportation and to ensure effective competition and coordination between rail carriers and other modes;
(6) to maintain reasonable rates where there is an absence of effective competition and where rail rates provide revenues which exceed the amount necessary to maintain the rail system and to attract capital;
(7) to reduce regulatory barriers to entry into and exit from the industry;
(8) to operate transportation facilities and equipment without detriment to the public health and safety;
(9) to encourage honest and efficient management of railroads;
(10) to require rail carriers, to the maximum extent practicable, to rely on individual rate increases, and to limit the use of increases of general applicability;
(11) to encourage fair wages and safe and suitable working conditions in the railroad industry;
(12) to prohibit predatory pricing and practices, to avoid undue concentrations of market power, and to prohibit unlawful discrimination;
(13) to ensure the av
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10101
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 10101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 417
TITLE 49—TRANSPORTATION
§ 10101
State or a unit of local government under the
program shall be not more than 80 percent.
(g) TECHNICAL ASSISTANCE.—The Secretary, in
consultation with the Undersecretary and the
Director, shall develop a process to provide tech-
nical assistance to Indian Tribes and under-
served communities to assist in the project de-
sign and grant process and procedures.
(h)
ADMINISTRATIVE
EXPENSES.—Of
the
amounts made available for each fiscal year to
carry out the program, the Secretary, the Un-
dersecretary, and the Director may use not more
than 2 percent to pay the administrative ex-
penses necessary to carry out this section.
(i) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out the
program $800,000,000 for each of fiscal years 2022
through 2026.
(Added Pub. L. 117–58, div. B, title I, § 21203(a),
Nov. 15, 2021, 135 Stat. 676.)
SUBTITLE IV—INTERSTATE
TRANSPORTATION
PART A—RAIL
Chapter
Sec.
101.
GENERAL PROVISIONS ...................
10101
105.
JURISDICTION ...................................
10501
107.
RATES ....................................................
10701
109.
LICENSING ...........................................
10901
111.
OPERATIONS .......................................
11101
113.
FINANCE ...............................................
11301
115.
FEDERAL-STATE RELATIONS .......
11501
117.
ENFORCEMENT:
INVESTIGA-
TIONS,
RIGHTS,
AND
REM-
EDIES .................................................
11701
119.
CIVIL
AND
CRIMINAL
PEN-
ALTIES ...............................................
11901
PART B—MOTOR CARRIERS, WATER CARRIERS,
BROKERS, AND FREIGHT FORWARDERS
Chapter
Sec.
131.
GENERAL PROVISIONS ...................
13101
133.
ADMINISTRATIVE PROVISION
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 10101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Secretary and the Board have jurisdiction, as specified in this part, over transportation by motor carrier and the procurement of that transportation, to the extent that passengers, property, or both, are transported by motor carrier—
(1) between a place in—
(A) a State and a place in another State;
(B) a State and another place in the same State through another State;
(C) the United States and a place in a territory or possession of the United States to the extent the transportation is in the United States;
(D) the United States and another place in the United States through a foreign country to the extent the transportation is in the United States; or
(E) the United States and a place in a foreign country to the extent the transportation is in the United States; and
(2) in a reservation under the exclusive jurisdiction of the United States or on a public highway.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 13501
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 13501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 470
TITLE 49—TRANSPORTATION
§ 13501
(b) CHANGE.—A designation under this section
may be changed at any time in the same manner
as originally made.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995,
109 Stat. 858.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those in this section were con-
tained in section 10330 of this title prior to the general
amendment of this subtitle by Pub. L. 104–88, § 102(a).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Jan. 1, 1996, except as otherwise pro-
vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88,
set out as a note under section 1301 of this title.
CHAPTER 135—JURISDICTION
SUBCHAPTER I—MOTOR CARRIER
TRANSPORTATION
Sec.
13501.
General jurisdiction.
13502.
Exempt transportation between Alaska and
other States.
13503.
Exempt motor vehicle transportation in ter-
minal areas.
13504.
Exempt motor carrier transportation entirely
in one State.
13505.
Transportation furthering a primary busi-
ness.
13506.
Miscellaneous motor carrier transportation
exemptions.
13507.
Mixed loads of regulated and unregulated
property.
13508.
Limited authority over cooperative associa-
tions.
SUBCHAPTER II—WATER CARRIER
TRANSPORTATION
13521.
General jurisdiction.
SUBCHAPTER III—FREIGHT FORWARDER
SERVICE
13531.
General jurisdiction.
SUBCHAPTER IV—AUTHORITY TO EXEMPT
13541.
Authority to exempt transportation or serv-
ices.
SUBCHAPTER I—MOTOR CARRIER
TRANSPORTATION
§ 13501. General jurisdiction
The Secretary and the Board have jurisdic-
tion, as specified in this part, over transpor-
tation by motor carrier and the procurement of
that transportation, to the extent that pas-
sengers, property, or both, are transported by
motor carrier—
(1) between a place in—
(A)
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 13501
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 13501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing maximum reliance on competitive market forces and on actual and potential competition—
(A) to provide the needed air transportation system; and
(B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—
(A) the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 40101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 997
TITLE 49—TRANSPORTATION
§ 40101
Sec.
40104.
Promotion of civil aeronautics and safety of
air commerce.
40105.
International negotiations, agreements, and
obligations.
40106.
Emergency powers.
40107.
Presidential transfers.
40108.
Training schools.
40109.
Authority to exempt.
40110.
General procurement authority.
40111.
Multiyear procurement contracts for services
and related items.
40112.
Multiyear procurement contracts for prop-
erty.
40113.
Administrative.
40114.
Reports and records.
40115.
Withholding information.
40116.
State taxation.
40117.
Passenger facility charges.
40118.
Government-financed air transportation.
40119.
Sensitive security information.
40120.
Relationship to other laws.
40121.
Air traffic control modernization reviews.
40122.
Federal Aviation Administration personnel
management system.
40123.
Protection of voluntarily submitted informa-
tion.
40124.
Interstate agreements for airport facilities.
40125.
Qualifications for public aircraft status.
40126.
Severable services contracts for periods cross-
ing fiscal years.
40127.
Prohibitions on discrimination.
40128.
Overflights of national parks.
40129.
Collaborative decisionmaking pilot program.
40130.
FAA authority to conduct criminal history
record checks.
40131.
National airspace system cyber threat man-
agement process.
40132.
National strategic plan for aviation work-
force development.
Editorial Notes
AMENDMENTS
2024—Pub. L. 118–63, title II, § 223(c), title III, § 393(b),
title IV, § 441(b), May 16, 2024, 138 Stat. 1061, 1145, 1186,
added items 40119, 40131, and 40132.
2018—Pub. L. 115–254, div. K, title I, § 1991(c)(4), Oct. 5,
2018, 132 Stat. 3627, substituted ‘‘[Reserved]’’ for ‘‘Secu-
rity and research and developm
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40101
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 40101. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designating Material as Hazardous.—** The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
**(b) Regulations for Safe Transportation.—**
(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5103
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 5103. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 195
TITLE 49—TRANSPORTATION
§ 5103
Pub. L. 109–59, § 7102(2)(C), as amended by Pub. L.
110–244, § 302(a)(1), redesignated subpar. (C) as (B) and
struck out former subpar. (B) which read as follows:
‘‘includes an owner-operator of a motor vehicle trans-
porting hazardous material in commerce; and’’.
Par. (3)(B)(ii). Pub. L. 109–59, § 7102(2)(D)(ii), as amend-
ed by Pub. L. 110–244, § 302(a)(1), added cl. (ii) and struck
out former cl. (ii) which read as follows: ‘‘manufac-
tures, reconditions, or tests containers, drums, and
packagings represented as qualified for use in trans-
porting hazardous material;’’.
Par. (3)(C). Pub. L. 109–59, § 7102(2)(C), as amended by
Pub. L. 110–244, § 302(a)(1), redesignated subpar. (C) as
(B).
Par. (4). Pub. L. 109–59, § 7102(3), amended par. (4) gen-
erally. Prior to amendment, par. (4) consisted of sub-
pars. (A) to (C), which included within definition of
‘‘hazmat employer’’ a person using at least one em-
ployee in connection with transporting or containers
for transporting hazardous material, an owner-operator
of a motor vehicle transporting hazardous material in
commerce, and a department, agency, or instrumen-
tality of the United States Government, or an author-
ity of a State, political subdivision of a State, or Indian
tribe, carrying out certain described activities.
Par. (5). Pub. L. 109–59, § 7102(4), inserted ‘‘relating to
hazardous material’’ after ‘‘of a condition’’.
Par. (7). Pub. L. 109–59, § 7102(5), amended par. (7) gen-
erally. Prior to amendment, par. (7) read as follows:
‘‘ ‘motor carrier’ means a motor carrier, motor private
carrier, and freight forwarder as those terms are de-
fined in section 13102 of this title.’’
Par. (8). Pub. L. 109–59, § 7102(6), substituted ‘‘National
Response Team
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5103
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 5103. This identifies an authority to review, not proof of applicability.