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23-4-608. Penalties for violations of §§ 23-4-606 and 23-4-607 — Actions to recover penalties.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-608. Penalties for violations of §§ 23-4-606 and 23-4-607 — Actions to recover penalties.
(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of §§ 23-4-606 and 23-4-607, or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department, and for which there is no other penalty prescribed in §§ 23-4-606 and 23-4-607, then the person or corporation, receiver, trustee, or lessee 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 §§ 23-4-606 and 23-4-607, or such tariff of charges or rules and regulations.
(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 that action and actions for the recovery of the penalties prescribed in §§ 23-4-606 and 23-4-607 through the prosecuting attorney of the proper district.
(B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3) No action for the recovery of penalties shall be dismissed or compromised without the c
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-608
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:23-4-608
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 85db778754c6462e790f7c6f4496d7c3870d6c2e5e515489229c687cd70a0173
Source location: content.xml paragraph 3863
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23-4-608. Penalties for violations of §§ 23-4-606 and 23-4-607 — Actions to recover penalties.
(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of §§ 23-4-606 and 23-4-607, or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department, and for which there is no other penalty prescribed in §§ 23-4-606 and 23-4-607, then the person or corporation, receiver, trustee, or lessee 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 §§ 23-4-606 and 23-4-607, or such tariff of charges or rules and regulations.
(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 that action and actions for the recovery of the penalties prescribed in §§ 23-4-606 and 23-4-607 through the prosecuting attorney of the proper district.
(B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.
(C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.
(3) No action for the recovery of penalties shall be dismissed or compromised without the consent of the court and of the department.
(c) In all trials of cases brought for a violation of any tariff charges by the department, it may be shown in defense that the tariff so fixed was unjust.
(d) Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-606. Continuous railroad lines.
(a) In all cases where there is, by physical connection of railroads, a continuous line of railway communication between railroad stations within this state, whether such stations are on railroads operated by one and the same company or corporation or on railroads operated by different and independent companies or corporations, it shall be the duty of the Arkansas Department of Transportation, to and from such stations, to make just and reasonable rates for freight, express, and passenger traffic, to be observed by all persons, companies, or corporations operating any railroad or engaged in transporting persons or property as express or freight in this state.
(b)(1) All persons, companies, or corporations operating any railroad in this state that forms part of a continuous line of railroad communication to any point in this state shall issue through-passenger tickets and check baggage through to and from points on the continuous line of communication at through-rates and fares.
(2) All freight and traffic carried wholly within this state to and from stations on lines of continuous carriage aforesaid shall be waybilled through at through-rates and tolls from point of departure to point of arrival without being rebilled at junction points. In cases of carload freights, the forwarding carrier shall receive and forward the same in cars in which the freight is tendered without breaking bulk of package.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-606
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 23-4-606. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-607. Connecting railroad lines — Division of charges.
If any two (2) or more connecting lines of railroad in this state fail to agree upon a fair and just division of the charges arising from the transportation of freights, passengers, or cars over their lines, the Arkansas Department of Transportation shall make the division and shall fix the pro rata part of such charges to be received by each of the connecting lines.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-607
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 23-4-607. This identifies an authority to review, not proof of applicability.