(b) Special or charter operations — Definitions. As used in this subpart:

1. (1)

   1. (A) "Charter operation" means the providing of transportation for a group assembled by someone other than the carrier, which contracts for the exclusive use of a bus for the duration of a particular trip or tour.
   2. (B) This irregular call-on-demand type of service may not evolve into any regularly scheduled service over fixed routes.
   3. (C) Such charter operation shall be provided at a fixed charge for the vehicle in accordance with the carrier's tariff lawfully on file with the State Highway Commission;

2. (2)

   1. (A) "Special operation" means the type of service generally rendered to a number of passengers in which the carrier itself has assembled a travel group through its own sales to each individual passenger of a ticket covering a particular trip or tour planned or arranged by the carrier.
   2. (B) Such special service must be the type of service that could not be provided by a passenger carrier operating under regular route authority or under the definition of charter operations found above; and
3. (3) "Regular route or routes" means the specific highway or highways over which a motor common carrier of passengers is authorized to operate between fixed termini.

(c) Origin territory and authority.

1. (1) Any common carrier of passengers by motor vehicle subject to this part, except as hereinafter limited, may transport special or chartered parties in intrastate commerce which originate at any point or points on the regular route or routes authorized to be served by such carrier.
2. (2) Any common carrier of passengers by motor vehicle whose certificate is not now or hereafter restricted against special or chartered parties may handle special or chartered parties from any point not on its regular route or routes if such point of origin is not served by a regular route passenger carrier by motor vehicle, provided, the requirements of subsection (e) of this section with respect to deadhead mileage charges are met.
3. (3) Provided, however, no such common carrier of passengers operating under a certificate issued after the effective date of this rule (1973) shall transport special or chartered parties intrastate, unless such carrier has obtained first a certificate specifically authorizing the transportation of special or chartered parties issued by the commission upon proper proof of public convenience and necessity therefor.

(d) Destination territory.

1. (1) Common carriers of passengers by motor vehicle subject to this section may transport special or chartered parties in intrastate commerce to any place or point in the State of Arkansas.
2. (2) Special or chartered parties may not be transported from the destination territory described in this section to origin territory described in subsection (c) of this section, except on return movement of the same special or chartered party as provided therein.

(e) General provisions.

1. (1) Every common carrier of passengers by motor vehicle, subject to this section, shall be governed by the following provisions:

   1. (A) Carriers shall publish in tariffs, lawfully on file with the commission, reasonable rates or charges applicable in connection with the transportation of special or chartered parties within the meaning of Arkansas Code § 23-13-221 for deadhead mileage which shall be the mileage traversed by the bus without passengers from the nearest point at which equipment is held out to be available; and
   2. (B) Such tariffs shall name the points at which the carrier holds out to have equipment available for special or chartered party service, and no equipment shall be held out as available at any point not an authorized on-route point.

2. (2) Special or chartered parties may be transported on an all-expense basis, provided that the tariffs of carriers offering such service, lawfully on file with the commission, publish transportation rates or charges separately from the charges for:

   1. (A) Meals;
   2. (B) Hotel accommodations; or
   3. (C) Other incidental expenses.

(f) Limitations of service.

1. (1) No common carrier of passengers by motor vehicle subject to this section shall transport special or chartered parties as herein defined between the same points or over the same route so frequently as to constitute a regular scheduled or nonscheduled service.
2. (2) No common carrier of passengers by motor vehicle subject to this section shall transport passengers to whom individual tickets have been sold or with whom separate and individual transportation arrangements have been made, except between points on its regular route.
3. (3) The transportation of any passengers under any such arrangement by any such carrier to or from any point or points not on the regular route or routes except as a member of a special or chartered party as herein defined is not authorized and is hereby forbidden.