- (a) This section is not applicable to motor common carriers of passengers whose rates, rules, or practices are subject to United States Surface Transportation Board jurisdiction under Subchapter II of 49 U.S.C. §§ 10501 – 10562.
(b)
- (1) Changes in intrastate tariffs and schedules or any rule governing the same can be made by placing on file with the State Highway Commission according to Tariff Circular of the commission and the provisions of the Arkansas Motor Carrier Act, 1955, Arkansas Code § 23-13-201 et seq., or any amendment thereto, provided, changes in such intrastate tariffs and schedules can also be made by obtaining approval of the commission after application has first been made to the commission for approval of any proposed change in an intrastate tariff and schedule.
- (2) In case of actual emergency, the commission may permit any proposed changes to become effective without the necessity of a formal hearing.
- (c) No change in any intrastate tariff and schedule shall be granted by the commission after application therefor, except after public hearing held at least thirty (30) days after the date of first publication of the notice of hearing provided for above, unless the commission shall first find that an actual emergency exists as provided in subsection (b) of this section.