Rates, rules, or practices of motor common carriers of passengers subject to United States Surface Transportation Board (under Subchapter II of 49 USC §§ 10501 – 10562)
Arkansas Code § 23-13-208
- (a) Any request to establish a rate, rule, or practice applicable to transportation provided entirely in the State of Arkansas by a motor common carrier of passengers providing transportation subject to the jurisdiction of the United States Surface Transportation Board under Subchapter II of 49 U.S.C. §§ 10501 – 10562 shall be finally acted on by the State Highway Commission by the one-hundred-twentieth day after the carrier shall have made the request.
(b) When considering whether to grant a request involving a rate, rule, or practice, the commission shall make the following findings of fact, as well as others deemed appropriate by the commission:
- (1) Whether such rate, rule, or practice results in the carrier charging a rate for such transportation which is lower than the rate such carrier charges for comparable interstate transportation of passengers;
- (2) On the basis of evidence presented by the carrier, whether as a result of such rate, rule, or practice, such carrier receives revenues from such transportation which exceed the variable costs of providing such transportation; and
- (3) Whether the most recent general rate increase applicable to transportation provided by motor common carriers of passengers in Arkansas is less than the most recent general rate increase applicable to interstate transportation provided by motor common carriers of passengers under 49 U.S.C. § 10101 et seq.
- (c) This section shall not apply to any carrier owned or controlled by the state or a local government.
- (d) The commission may deny a proposed rate, rule, or practice of a motor common carrier of passengers only after a full hearing in accordance with the procedures established by the commission.