§ 23-13-234 - Operation without certificate or permit prohibited -- Violation of terms, conditions, etc., of certificate, permit, or license prohibited.
23-13-234. Operation without certificate or permit prohibited -- Violation of terms, conditions, etc., of certificate, permit, or license prohibited.
(a) (1) Any motor carrier using the highways of this state without first having obtained a permit or certificate from the Arkansas Transportation Commission [abolished], as provided by this subchapter, or who, being a holder thereof, violates any term, condition, or provision thereof shall be subject to a civil penalty to be collected by the commission, after notice and hearing, in an amount not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(2) If the penalty is not paid within ten (10) days from the date of the order of the commission assessing the penalty, twenty-five percent (25%) thereof shall be added to the penalty.
(3) Any amounts collected from the penalties provided for under this subsection shall be deposited by the commission into the State Treasury to the credit of the General Revenue Fund Account of the State Apportionment Fund.
(b) (1) Any person required by this subchapter to obtain a certificate of convenience and necessity as a common carrier or a permit as a contract carrier and operates as such a carrier without doing so shall be guilty of a violation. Upon conviction, he or she shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first such offense and not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each subsequent offense.
(2) Each day of the violation shall be a separate offense.
(c) (1) Any person violating any other provision or any term or condition of any certificate, permit, or license, except as otherwise provided in 23-13-258, shall be guilty of a violation and upon conviction shall be fined not more than one hundred dollars ($100) for the first offense and not more than five hundred dollars ($500) for any subsequent offense.
(2) Each day of the violation shall constitute a separate offense.
(3) In addition thereto, the person shall be subject to the civil penalties provided in subsection (a) of this section.