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Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-13-221. Terms, conditions, and limitations of certificate of public convenience and necessity

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) Any certificate of public convenience and necessity issued under this subchapter shall specify:

(A) The service to be rendered and the route over which;

(B) The fixed termini, if any, between which;

(C) The intermediate and off-route points, if any, at which; and

(D) In case of operations not over specified routes or between fixed termini, the territory within which the motor carrier is authorized to operate.

(2)(A) At the time of issuance and from time to time thereafter, there shall be attached to the exercise of the privileges granted by the certificate such reasonable terms, conditions, and limitations as the public convenience and necessity may from time to time require, including terms, conditions, and limitations as to the extension of the routes of the carrier and such terms and conditions as are necessary to carry out, with respect to the operations of the carrier, the requirements established by the Arkansas Department of Transportation under this subchapter.

(B) However, no terms, conditions, or limitations shall restrict the right of the carrier to add to his or her or its equipment and facilities over the routes, between the termini, or within the territory specified in the certificate as the development of the business and the demands of the public shall require.

(b) A common carrier by motor vehicle operating under any such certificate may occasionally deviate from the route over which, or the fixed termini between which, it is authorized to operate under the certificate under such general or special rules as the department may prescribe.

(c) Any common carrier by motor vehicle transporting passengers under a certificate issued under this subchapter may transport to any place within the state special or chartered parties under such rules as the department may prescribe.

(d) A certificate for the transportation of passengers may include authority to transport, in the same vehicle with the passengers, newspapers, baggage of passengers, express, or mail, or authority to transport baggage of passengers in a separate vehicle.

(e) No certificate issued under this subchapter shall confer any proprietary or property rights in the use of the public highways.

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Cite this article: FindLaw.com - Arkansas Code Title 23. Public Utilities and Regulated Industries § 23-13-221. Terms, conditions, and limitations of certificate of public convenience and necessity - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-23-public-utilities-and-regulated-industries/ar-code-sect-23-13-221/

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