Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 2005 3
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By: Representative Hudson 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING RAILROADS; TO 9
CREATE A LIMITATION ON THE LENGTH OF A TRAIN 10
OPERATING IN THIS STATE; TO CREATE A CIVIL PENALTY 11
FOR OPERATING A TRAIN OF EXCESSIVE LENGTH; TO DECLARE 12
AN EMERGENCY; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND THE LAW CONCERNING RAILROADS; 17
TO CREATE A LIMITATION ON THE LENGTH OF 18
A TRAIN OPERATING IN THIS STATE; TO 19
CREATE A RELATED PENALTY; AND TO DECLARE 20
AN EMERGENCY. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code Title 23, Chapter 10, is amended to add an 25
additional subchapter to read as follows: 26
Subchapter 5 - Train Length 27
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23-10-501. Legislative findings and intent. 29
(a) The General Assembly finds that trains of excessive length 30
operating on a main line or branch line in this state expose the public to 31
unnecessary danger and disruption of commerce. 32
(b) The General Assembly intends for this subchapter to create a 33
requirement concerning train length that will eliminate disruptions of 34
commerce and the danger imposed on communities and the general citizenry by 35
trains of excessive length. 36 HB2005
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1
23-10-502. Definitions. 2
As used in this subchapter: 3
(1) "Branch line" means a secondary railroad track that branches 4
off from a main line; 5
(2)(A) "Main line" means: 6
(i) A Class I railroad that is documented in current 7
timetables filed by the Class I railroad with the Federal Railroad 8
Administrator under 49 C.F.R. § 217.7, as it existed on January 1, 2025, over 9
which five million (5,000,000) or more gross tons of railroad traffic is 10
transported annually; or 11
(ii) A railroad used for regularly scheduled 12
intercity or commuter rail passenger services. 13
(B) "Main line" does not include a railroad used for a 14
tourist, scenic, historic, or excursion operation; 15
(3)(A) "Railroad" means nonhighway ground transportation that 16
runs on rails or electromagnetic guideways in this state. 17
(B) "Railroad" includes without limitation a: 18
(i) Commuter railroad service or other short -haul 19
railroad passenger service in a metropolitan or suburban area; and 20
(ii) High-speed ground transportation system that 21
connects metropolitan areas without regard to whether the high -speed ground 22
transportation system uses new technologies not associated with traditional 23
railroads. 24
(C) "Railroad" does not include a rapid transit operation 25
in an urban area that is not connected to the general railroad system of 26
transportation; 27
(4) "Railroad corporation" means a corporation, company, or 28
individual that owns or operates a railroad in this state as an owner, 29
lessee, mortgagee, trustee, assignee, or receiver; 30
(5)(A) "Train" means a locomotive, multiple locomotives coupled 31
together, or one (1) or more locomotives coupled with one (1) or more cars 32
that require an air brake test under 49 C.F.R. Part 232, as it existed on 33
January 1, 2025, or 49 C.F.R. Part 238, as it existed on January 1, 2025. 34
(B) "Train" does not include: 35
(i) A locomotive or car during switching operations; 36 HB2005
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or 1
(ii) A locomotive or car that is operated to 2
classify and assemble cars within a railroad yard for the purpose of making 3
or breaking up trains; and 4
(6) "Train length" means the measurement of the total length of 5
a train operating on a main line or a branch line within this state. 6
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23-10-503. Train length — Penalty — Collection. 8
(a) A railroad corporation or an individual shall not run a train or 9
permit a train to be run on any part of a main line or branch line that has a 10
train length of eight thousand five hundred feet (8,500') or greater. 11
(b)(1)(A) A railroad corporation or an individual that violates this 12
section is subject to a civil penalty of no less than five hundred dollars 13
($500) and no more than one thousand dollars ($1,000) for each foot of train 14
length over the limitation stated in subsection (a) of this section. 15
(B) A railroad corporation or an individual shall be 16
subject to an additional civil penalty under subdivision (b)(1)(A) of this 17
section for each day that the railroad corporation continues to operate a 18
train in violation of subsection (a) of this section. 19
(2) A railroad corporation or an individual that violates 20
subsection (a) of this section is subject to a one -time civil penalty of up 21
to two hundred fifty thousand dollars ($250,000) if the Director of State 22
Highways and Transportation finds: 23
(A) The violation to be grossly negligent; or 24
(B) That a pattern of repeated violations has caused: 25
(i) An imminent hazard of death or injury to an 26
individual; or 27
(ii) Death or injury to an individual. 28
(c) A civil penalty collected under this section shall be deposited 29
into the Arkansas Department of Transportation Fund to be used for investment 30
into the infrastructure of the state. 31
(d) The director shall determine the amount of a civil penalty imposed 32
under subsection (b) of this section based on: 33
(1) The nature, circumstances, extent, and gravity of the 34
violation; 35
(2) With respect to the violator, the: 36 HB2005
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(A) Degree of the violator's culpability; 1
(B) Violator's history of violations; 2
(C) Violator's ability to pay; and 3
(D) Effect on the violator's ability to continue to do 4
business; and 5
(3) Any other factors required by law. 6
(e)(1) The director shall refer a civil penalty assessed under this 7
section to the Attorney General for collection of the civil penalty. 8
(2) After the Attorney General has received adequate information 9
from the director to proceed with the collection of a civil penalty imposed 10
under this section, the Attorney General shall bring a civil action to 11
collect the amount of the civil penalty imposed under subsection (b) of this 12
section in the district court of the county in which: 13
(A) The violation occurred; 14
(B) The defendant has its principal executive office, if 15
the defendant is a railroad corporation; or 16
(C) The defendant resides, if the defendant is an 17
individual. 18
(3) A civil action under this subsection shall be brought within 19
three (3) years of the violation. 20
(4) In a proceeding under this subsection, a railroad 21
corporation is deemed to have knowledge of the acts of its officers, agents, 22
and employees. 23
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 25
General Assembly of the State of Arkansas that maintaining safe operating 26
practices by railroads is essential to the day -to-day operations and commerce 27
of this state; that maintaining sensible limitations on train length will 28
ensure the safety of the residents of this state and help to alleviate and 29
avoid the consequences of failing to maintain sensible limitations on train 30
length that other states have suffered; that no industry may act 31
irresponsibly by needlessly placing the desires of shareholders above the 32
state, counties, and municipalities in which the industry operates; and that 33
this act is immediately necessary because it demonstrates that this state 34
values its transportation infrastructure, uninterrupted commerce, first 35
responders, law enforcement, and firefighters and that the state will not 36 HB2005
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overlook the importance of the state's duty to protect its residents. 1
Therefore, an emergency is declared to exist, and this act being immediately 2
necessary for the preservation of the public peace, health, and safety shall 3
become effective on: 4
(1) The date of its approval by the Governor; 5
(2) If the bill is neither approved nor vetoed by the Governor, 6
the expiration of the period of time during which the Governor may veto the 7
bill; or 8
(3) If the bill is vetoed by the Governor and the veto is 9
overridden, the date the last house overrides the veto. 10
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