- (a) All certificates of public convenience and necessity authorizing the transportation of persons or property, with or without exceptions, over a regular service route or routes, issued by the State Highway Commission pursuant to the provisions of the Arkansas Motor Carrier Act, 1955, Arkansas Code § 23-13-201 et seq., shall be construed as authorizing operations over superhighways as defined below, including highways connecting such superhighways with the carrier's authorized regular service routes between the point of departure from the point of return to the carrier's authorized regular service route, provided that the superhighway route extends in the same general direction as the authorized service route and is wholly within twenty-five (25) airline miles of the carrier's authorized service route, and provided further, that the use of superhighways authorized herein shall not be construed as authorizing abandonment or curtailment of service at points previously authorized to be served.
- (b) Motor carriers conducting operations over superhighways under subsection (a) of this section shall not receive or deliver freight from or to any person at any point not otherwise specifically authorized to be served by them.
- (c) A superhighway is defined as any limited-access highway with split-level grade crossings and access ramps or completed portion thereof.
(d)
- (1) If upon the filing of a petition by any interested person and a determination of the issues presented thereby, the commission shall find that operations by any motor carrier under the provisions of subsection (a) of this section have resulted or are reasonably certain to result in either destructive competition or in the provision of inadequate transportation service by the carrier at any authorized service point, an appropriate order may be entered requiring the said motor carrier either to discontinue such operations in whole or in part, or to conduct its operations in compliance with the terms, conditions, and limitations in its certificate in the manner described in said order.
- (2) Upon the establishment by the petitioner that a motor carrier's service at a point on its underlying service route has been discontinued or curtailed, the burden of showing that the discontinuance or curtailment is reasonable is upon the motor carrier engaged in operations under this section.