§ 23-12-407 - Repairs to cars to be done in state -- Exceptions. - Arkansas Statutes

23-12-407. Repairs to cars to be done in state -- Exceptions.

(a) (1) All railroad corporations operating within the State of Arkansas and having their repair shops within the state shall, and are required to, repair, renovate, or build in the State of Arkansas, any and all defective or broken cars, coaches, locomotives, or other equipment owned or leased by the corporation in the State of Arkansas, when the rolling stock is within the State of Arkansas if the railway has been or is under an obligation to have proper facilities in the state to do the work.

(2) (A) No railway shall be required to haul its disabled equipment a greater distance for repairs at a point within the State of Arkansas than would be necessary to reach their repair shop in another state.

(B) No railway company shall be permitted to haul for purposes of repair any disabled equipment by or past any shop owned or operated by the company where the disabled equipment can be repaired in order to reach some other repair shop at a greater distance for the purpose of repairing the disabled equipment.

(b) (1) The provisions of this section shall not apply to companies having fewer than sixty (60) continuous miles of railroad in operation in this state.

(2) The provisions of this section shall not apply in cases of fires, floods, cyclones, or any such act of providence.

(c) Any railroad corporation, lessee, receiver, superintendent, or agent who shall violate any of the provisions of this section shall after conviction by any court of competent jurisdiction be liable to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(d) This section shall not be so construed as to require any railway corporation to violate the safety appliance laws of Congress of the United States.