Missouri Revised Statutes

Chapter 387
Motor Carriers Generally

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Application of chapter.

387.010. The provisions of this chapter shall apply to the transportation of passengers or household goods from one point to another within this state, and to any motor carrier, as defined in section 390.020, performing such service. The provisions of this chapter shall not apply to railroad corporations or street railroad corporations, except to the extent they engage in business as motor carriers of passengers or household goods.

(RSMo 1939 § 5602, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5146; 1919 § 10435

CROSS REFERENCE:

Public service commission, powers and duties as to common carriers, 386.320

Definitions.

387.020. The provisions of sections 390.020 and 622.100 defining words, phrases and terms shall apply to and determine the meaning of all such words, phrases or terms as used in sections 387.010 to 387.340.

(1949 H.B. 2100 § 387.02, A.L. 1996 S.B. 780)

CROSS REFERENCE:

Definitions applicable to this chapter, 622.100

Motor carrier shall furnish safe and adequate service--unreasonablecharges prohibited.

387.030. Every corporation, person or motor carrier performing a service designated in section 387.010 shall furnish, with respect thereto, such service and facilities as shall be safe and adequate and in all respects just and reasonable. All charges made or demanded by any such corporation, person or motor carrier for the transportation of passengers or household goods or for any service rendered or to be rendered in connection therewith, as defined in section 386.020, shall be just and reasonable and not more than allowed by law or by order or decision of the division of motor carrier and railroad safety and made as authorized by this chapter. Every unjust or unreasonable charge made or demanded for any such service or transportation of passengers or household goods or in connection therewith or in excess of that allowed by law or by order or decision of the division is prohibited.

(RSMo 1939 § 5603, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5147; 1919 § 10436

CROSS REFERENCES:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008

Railroad carriers may operate aerial or motor vehicle service, 388.260, 388.270

Transportation prohibited until schedule of rates and fares is filedand published--exception, when.

387.040. 1. No motor carrier subject to the provisions of this chapter shall engage or participate in the transportation of passengers, between points within this state, until its schedules of rates, fares and charges shall have been filed with the state highways and transportation commission and published in accordance with the provisions of this chapter. Any motor carrier, which shall undertake to perform any service or furnish any product or commodity unless or until the rates, tolls, fares, charges, classifications and rules and regulations relating thereto, applicable to such service, product or commodity, have been filed with the highways and transportation commission and published in accordance with the provisions of this chapter, shall be subject to forfeiture to the state pursuant to the provisions of sections 390.156 to 390.176.

2. Notwithstanding any provision of this chapter or chapter 390 to the contrary, a motor carrier transporting household goods in intrastate commerce shall not be required to file its schedule of rates, fares, and charges with the state highways and transportation commission. In lieu of filing its schedules of rates, fares, charges, rules, or tolls with the state highways and transportation commission, a motor carrier transporting household goods in intrastate commerce shall maintain and publish its schedules of rates, fares, charges, rules, and tolls in every station or office as described in subsection 3 of section 387.050 and such rates shall be available for inspection by the state highways and transportation commission, shippers, and the public upon request. Any motor carrier transporting household goods in intrastate commerce that fails to comply with the provisions of this subsection shall be subject to forfeiture to the state pursuant to the provisions of sections 390.156 to 390.176.

(RSMo 1939 § 5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780, A.L. 2009 H.B. 683, A.L. 2012 H.B. 1402 merged with S.B. 470)

Prior revisions: 1929 § 5155; 1919 § 10444

Rates and fares, filing and publication.

387.050. 1. Every motor carrier shall file with the state highways and transportation commission and shall print and keep open to public inspection schedules showing the rates, fares and charges for the transportation of passengers and household goods within this state between each point upon its route and all other points thereon and between each point upon its route and all points upon every route leased, operated or controlled by it and between each point on its route or upon any route leased, operated or controlled by it and all points upon the route of any other motor carrier, whenever a through route and joint rate shall have been established or ordered between any two such points. If no joint rate over a through route has been established, the several carriers in such through route shall file, print and keep open to public inspection, as aforesaid, the separately established rates, fares and charges applied to the through transportation. Beginning August 28, 2012, motor carriers shall not be required to file their schedules showing the rates, fares, rules, and charges for the transportation of household goods within this state but shall print and keep open for public inspection such schedules in accordance with this section and section 387.040.

2. The schedules printed as aforesaid shall plainly state the places between which household goods and passengers will be carried, and shall also contain the classification of passengers or household goods in force, and shall also state separately all terminal charges, storage charges, icing charges and all other charges which the state highways and transportation commission may require to be stated, all privileges or facilities granted or allowed, and any rules or regulations which may in any way change, affect or determine any part or the aggregate of such aforesaid rates, fares and charges, or the value of the service rendered to the passenger, shipper or consignee.

3. Such schedules shall be plainly printed in large type, and a copy thereof shall be kept by every such carrier readily accessible to and for convenient inspection by the public in every station or office of such carrier where passengers or household goods are respectively received for transportation, when such station or office is in charge of an agent, and in every station or office of such carrier where passenger tickets for transportation or tickets covering bills of lading or receipts for household goods are issued. All or any of such schedules kept as aforesaid shall be immediately produced by such carrier for inspection upon the demand of any person.

4. A notice printed in bold type and stating that such schedules are on file with the agent and open to inspection by any person and that the agent will assist any such person to determine from such schedules any transportation rates or fares or rules or regulations which are in force shall be kept posted by the carrier in two public and conspicuous places in every such station or office.

5. The form of every such schedule shall be prescribed by the state highways and transportation commission.

6. The state highways and transportation commission shall have power, from time to time, in its discretion, to determine and prescribe by order such changes in the form of such schedules as may be found expedient, and to modify the requirements of this section in respect to publishing, posting and filing of schedules either in particular instances or by general order applicable to special or peculiar circumstances or conditions.

(RSMo 1939 § 5605, A.L. 1996 S.B. 780, A.L. 2012 H.B. 1402 merged with S.B. 470)

Prior revisions: 1929 § 5149; 1919 § 10438

Motor carriers to furnish correct rates on written request--penaltyand damages for failure.

387.060. 1. It shall be the duty of every motor carrier doing an intrastate business within this state, upon written request therefor, by any person who is a bona fide prospective shipper or receiver of household goods or who has a bona fide interest therein, made upon any general or local freight or station agent of such carrier, by any person, firm or corporation, to furnish and give a written statement of the rate or charge applicable to a described shipment between stated points or places in this state under the schedule or tariffs to which such carrier is a party, within a reasonable time; and if such carrier shall refuse or omit to give such statement within a reasonable time, or shall misstate in writing the applicable rate, and if the person, firm or corporation making such request suffers in consequence of such refusal or omission or in consequence of the misstatement of the rate, either through making the shipment over a route for which the proper rate is higher than the rate over another available route, or through entering into any sale, purchase or contract whereunder such person, firm or corporation obligates himself, themselves or itself, or becomes obligated to make or receive such shipment of household goods at his, their or its cost, then the said carrier shall be liable pursuant to the provisions of sections 390.156 to 390.176 and be recovered in a civil action by the division of motor carrier and railroad safety, and shall also be liable to the person, firm or corporation injured as aforesaid for the amount of such injury, together with six percent interest thereon from the date of such injury, and with a reasonable attorney's fee; provided, that no such liability shall be discharged by such carrier unless the same be approved by the division as being free from any attempt or purpose to evade any other law of this state; and provided further, that, if during the course of any action upon such liability to the person injured, it shall appear to the satisfaction of the court or jury trying any such cause, that the parties have combined or agreed to obtain or allow any undue advantage or rebate or preference to such injured person, upon a finding to that effect, such cause shall be dismissed and the dismissal and finding reported by said court to the division. Such dismissal shall be taken and deemed a final judgment, and appeal may be taken therefrom or from any other judgment in any such cause the same as in other civil cases.

2. No carrier making any settlement or payment upon the approval of the division or pursuant to a judgment or order of court under this section shall be liable for any penalty or forfeiture or subject to any prosecution under any other law of this state on account of the said payment or settlement.

3. The division may require from any person, firm or corporation any information deemed by the division necessary to the determination of the question whether it shall give its approval to any such claim, and if the same be refused by the injured person, may decline said claim, and it shall not be sued upon thereafter; if such information be refused or request therefor be evaded or the search for information by the division be made difficult by the carrier, the division shall endorse such fact on said claim and it shall thereafter support an action as if approved by the division.

(RSMo 1939 § 5606, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5150; 1919 § 10439

Changes in schedule--notice required.

387.070. Unless the division of motor carrier and railroad safety otherwise orders, no change shall be made in any rate, fare or charge, or joint rate, fare or charge, which shall have been filed and published by a motor carrier in compliance with the requirements of this chapter except after thirty days' notice to the division and publication for thirty days as required by this chapter, which shall plainly state the changes proposed to be made in the schedule then in force, and the time when the changed rate, fare or charge will go into effect and all proposed changes shall be shown by printing, filing and publishing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection. The division, for good cause shown, may allow changes in rates without requiring the thirty days' notice and publication herein provided for, by duly filing and publishing in such manner as it may direct an order specifying the change so made and the time when it shall take effect; all such changes shall be immediately indicated upon its schedules by the motor carrier.

(RSMo 1939 § 5607, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5151; 1919 § 10440

Rate schedules for transportation of certain householdgoods--application and filing procedures.

387.075. 1. Notwithstanding any provision of chapter 390, chapter 622, or this chapter to the contrary, any common carrier that is authorized to transport household goods by a certificate issued under section 390.051 may file one or more applications to the state highways and transportation commission for approval of rate schedules, applicable to that carrier's intrastate transportation of household goods, that authorize periodic rate adjustments outside of general rate proceedings to reflect increases and decreases in the carrier's prudently incurred costs of providing transportation of property by motor vehicle. The filing of applications by common carriers under this section shall be authorized upon the same terms and conditions as provided in section 386.266 with reference to the filing of applications to the public service commission by an electrical, gas, or water corporation. These applications shall be made in such form, and shall contain such information, as the state highways and transportation commission reasonably may require.

2. Notwithstanding any provision of chapter 390, chapter 622, or this chapter to the contrary, the state highways and transportation commission shall consider and determine every application filed under subsection 1 of this section, upon the same terms and conditions as provided in section 386.266, with reference to the public service commission's consideration and determination of applications by an electrical, gas, or water corporation under that section.

3. In proceedings under this section, common carriers and the state highways and transportation commission shall be governed by the statutes and rules of practice and procedure that are applicable in motor carrier proceedings under this chapter and chapters 390 and 622, except to the extent they are inconsistent with the requirements of this section. The statutes and rules that generally govern public service commission proceedings relating to electrical, gas, and water corporations shall not apply in proceedings under this section.

(L. 2007 H.B. 28 merged with S.B. 30)

Concurrence in joint tariffs--contracts, agreements or arrangementsbetween any carriers--prohibition for household goods.

387.080. 1. The names of the several carriers which are parties to any joint tariff shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the state highways and transportation commission such evidence of concurrence therein or acceptance thereof as may be required or approved by the state highways and transportation commission; and where such evidence of concurrence or acceptance is filed, it shall not be necessary for the carriers filing the same also to file copies of the tariffs in which they are named as parties. The provisions of this subsection shall not apply to motor carriers of household goods. Carriers of household goods participating in through routes or interline service shall publish joint tariffs and evidence of concurrence or acceptance thereof or individual tariffs for each participating carrier in accordance with sections 387.040 and 387.050.

2. Every motor carrier shall file with the state highways and transportation commission sworn copies of every contract, agreement or arrangement with any other motor carrier or motor carriers relating in any way to the transportation of passengers.

3. Motor carriers of household goods are prohibited from participation in any joint tariff pursuant to the provisions of this chapter, except that this subsection shall not prohibit joint tariffs relating to joint rates for household goods transportation over any through routes or by interline service performed by two or more separate motor carriers.

(RSMo 1939 § 5608, A.L. 1996 S.B. 780, A.L. 2012 H.B. 1402 merged with S.B. 470)

Prior revisions: 1929 § 5152; 1919 § 10441

Rates to be charged as fixed--unjust discrimination prohibited.

387.100. 1. No motor carrier shall charge, demand, collect or receive a greater or less or different compensation for transportation of passengers or household goods, or for any service in connection therewith, than the rates, fares and charges applicable to such transportation as specified in its schedules filed and in effect at the time.

2. No motor carrier shall, directly or indirectly, by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person or corporation a greater or less or different compensation for any service rendered or to be rendered in the transportation of passengers or household goods, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service in the transportation of a like kind of traffic under the same or substantially similar circumstances and conditions.

(RSMo 1939 §§ 5609, 5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780)

Prior revisions: 1929 §§ 5153, 5155; 1919 §§ 10442, 10444

Preference to locality or particular traffic, prohibited.

387.110. No motor carrier shall make or give any undue or unreasonable preference or advantage to any person or corporation or to any locality or to any particular description of traffic in any respect whatsoever, or subject any particular person or corporation or locality or any particular description of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

(RSMo 1939 § 5610, A.L. 1985 H.B. 159, A.L. 1996 S.B. 780, A.L. 2012 H.B. 1402 merged with S.B. 470)

Prior revisions: 1929 § 5154; 1919 § 10443

Free passes and reduced rates prohibited except to certain persons.

387.120. No motor carrier of passengers or household goods shall directly or indirectly issue or give any free ticket, free pass or free transportation for any passenger or household goods between points in this state, except that, in accordance with the requirements of this chapter, and unless prohibited by order of the division, a motor carrier may provide in its lawful tariff schedules for the transportation of passengers or household goods free of charge, or at discounted or reduced rates to, from or for the account of the following:

(1) Any charitable institution or organization which is duly organized and registered with the office of the Missouri secretary of state as a religious or charitable association pursuant to chapter 352, or as a general not-for-profit corporation pursuant to chapter 355, or any nonprofit, charitable institution or organization organized or registered pursuant to the laws of any state or the United States;

(2) Any employee, officer or director of the motor carrier, or any relative within the second degree of consanguinity or affinity of any employee, officer or director of the motor carrier;

(3) Any location or person while transporting passengers or household goods for the exclusive purpose of providing relief in case of any general emergency or disaster.

(RSMo 1939 § 5611, A. 1949 H.B. 2100, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5155; 1919 § 10444

CROSS REFERENCES:

Dogs, guide, service or hearing assistance, when entitled to accompany trainer without extra charge, 209.152

"Seeing-eye" dog, admitted to public conveyances, when, 209.150

Granting or attempting to grant reduced rates prohibited.

387.130. No motor carrier or any officer or agent thereof or any person acting for or employed by it, shall assist, suffer or permit any person or corporation to obtain transportation for any passenger or household goods between points within this state at less than the rates then established and in force in accordance with the schedules filed and published in accordance with the provisions of this chapter, by means of false billing, false classification, false weight or weighing, or false report of weight, or by any other device or means. No person, corporation, or any officer, agent or employee of a corporation, who shall deliver household goods for transportation within this state to a motor carrier, shall seek to obtain or obtain such transportation for such household goods at less than the rates then established and in force therefor, as aforesaid, by false billing, false or incorrect classification, false weight or weighing, false representation of the contents of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of the motor carrier, or any of its officers, agents or employees.

(RSMo 1939 § 5612, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5156; 1919 § 10445

Household goods transportation in intrastate commerce, commission toestablish consumer protection requirements.

387.137. The state highways and transportation commission shall establish consumer protection requirements for motor carriers transporting household goods in intrastate commerce and establish a system for filing, logging, and responding to consumer complaints.

(L. 2012 H.B. 1402 merged with S.B. 470)

Movement of household goods in intrastate commerce,complaints--information file to be kept, contents,form--rulemaking authority.

387.139. 1. The division of motor carrier services shall keep an information file about each complaint filed with it regarding the movement of household goods in intrastate commerce. The division of motor carrier services' information file shall be kept current and contain a record for each complaint of:

(1) All persons contacted in relation to the complaint;

(2) A summary of findings in response to the complaint;

(3) An explanation of the reason for a complaint that is dismissed; and

(4) Any other relevant information.

2. If a written complaint is filed with the division that is within the division's jurisdiction, the division, at least as frequently as quarterly and until final disposition of the complaint, shall notify the complainant of the status of the complaint unless the notice would jeopardize an ongoing investigation.

3. The state highways and transportation commission shall adopt by rule a form to standardize information concerning complaints made to the division of motor carrier services* regarding the transportation of household goods. The commission shall prescribe by rule information to be provided to a person when the person files a complaint with the division of motor carrier services.

4. The state highways and transportation commission shall promulgate rules and regulations for the implementation and administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.

(L. 2012 H.B. 1402 merged with S.B. 470)

*Words "motor carriers" appear in original rolls of S.B. 470, 2012.

Continuous carriage.

387.150. No motor carrier shall enter into or become a party to any combination, contract, agreement or understanding, written or oral, express or implied, to prevent by any arrangement, or by change of arrangement of time schedule, by carriage or by any other means or device whatsoever the carriage of household goods from being continuous from the place of shipment to the place of destination. No breakage of bulk, stoppage or interruption of carriage made by any motor carrier shall prevent the carriage of household goods from being treated as one continuous carriage from the place of shipment to the place of destination. Nor shall any such breakage of bulk, stoppage or interruption of carriage be made or permitted by any motor carrier except it be done in good faith for a necessary purpose without intention to avoid or unnecessarily interrupt or delay the continuous carriage of such household goods or to evade any of the provisions of law, of this chapter, or of any order or decision of the division of motor carrier and railroad safety.

(RSMo 1939 § 5617, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5161; 1919 § 10450

Liability for damage to property in transit.

387.180. 1. Every motor carrier shall, upon demand, issue either a receipt or bill of lading for all household goods delivered to it for transportation. No contract, stipulation or clause in any receipt or bill of lading shall exempt or be held to exempt any motor carrier from any liability for loss, damage or injury caused by it to household goods from the time of its delivery for transportation until the same shall have been received at its destination and a reasonable time shall have elapsed after notice to consignee of such arrival to permit of the removal of such property.

2. Every motor carrier shall be liable for all loss, damage or injury to household goods caused by delay in transit due to negligence while the same is being carried by it, but in any action to recover for damages sustained by delay in transit the burden of proof shall be upon the defendant to show that such delay was not due to negligence.

3. Every motor carrier shall be liable for loss, damage and injury to household goods carried as baggage up to the full value and regardless of the character thereof, but the value in excess of one hundred and fifty dollars shall be stated upon delivery to the carrier, and a written receipt stating the value shall be issued by the carrier, who may make a reasonable charge for the assumption of such liability in excess of one hundred and fifty dollars and for the carriage of baggage exceeding one hundred and fifty pounds in weight upon a single ticket. Nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which the holder has under existing laws.

(RSMo 1939 § 5616, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5160; 1919 § 10449

Division of motor carrier and railroad safety may fix reasonablerates and charges.

387.190. 1. Whenever the division of motor carrier and railroad safety shall be of the opinion, after a hearing had upon its own motion or upon complaint, that the rates, fares or charges demanded, exacted, charged or collected by any motor carrier for the transportation of persons or household goods within the state, or that the regulations or practices of such motor carrier affecting such rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of any provisions of law, or that the maximum rates, fares or charges, chargeable by any such motor carrier are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable, the division shall, with due regard, among other things, to a reasonable average return upon the value of the household goods actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies, determine the just and reasonable rates, fares and charges to be thereafter observed and in force as the maximum to be charged for the service to be performed, notwithstanding that a higher rate, fare or charge has been heretofore authorized by statute, and shall fix the same by order to be served upon all motor carriers by whom such rates, fares and charges are thereafter to be observed.

2. Whenever the division shall be of the opinion, after a hearing had upon its own motion or upon complaint, that the rates, fares or charges demanded, exacted, charged or collected by any motor carrier for excursion, school or family commutation, commutation passenger tickets, half-fare tickets for the transportation of children under twelve years of age, or any other form of reduced rate tickets for the transportation of persons within the state, or joint interchangeable mileage tickets, with special privileges as to the amount of free baggage that may be carried under mileage tickets of one thousand miles or more within the state, or that the regulations or practices of such motor carrier affecting such rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of any provision of law, or that the maximum rates, fares or charges collected or charged for any of such forms of reduced fare passenger transportation tickets by any such motor carrier are insufficient to yield reasonable compensation for the service rendered, and are unjust and unreasonable the division shall, with due regard, among other things, to a reasonable average return upon the value of the household goods actually used in the public service and to the necessity of making reservation out of income for surplus and contingencies, determine the just and reasonable rates, fares and charges to be thereafter observed and enforced as the maximum to be charged for such mileage, excursion, school or family commutation, half-fare or any other form of reduced fare tickets for the transportation of persons, or joint interchangeable mileage tickets with special privileges as aforesaid, and shall order the sale and use thereof to be restored, of any of the kinds of tickets herein specified or any other form of reduced rate ticket for the transportation of persons within the state and shall determine and prescribe the reasonable and just rates, fares and charges to be thereafter observed and enforced as the maximum to be charged for any such form of ticket or tickets for the transportation of persons within this state, all of which laws fixing such rates, fares and charges or requiring the restoration of, sale and use of any of such forms of ticket or tickets, shall be by order to be served upon all motor carriers by whom such rates, fares and charges or restoration of, sale or use of, such ticket or tickets are thereafter to be observed.

3. Whenever the division shall be of the opinion, after a hearing had upon its own motion or upon complaint, that the regulations, practices, equipment, appliances or service of any such motor carrier in respect to transportation of persons or household goods within this state are unjust, unreasonable, unsafe, improper or inadequate, the division shall determine the just, reasonable, safe, adequate and proper regulations, practices, equipment, appliances and service thereafter to be in force, to be observed and to be used in such transportation of persons and household goods and so fix and prescribe the same by order to be served upon every motor carrier to be bound thereby; and thereafter it shall be the duty of every motor carrier to observe and obey each and every requirement of every such order so served upon it, and to do everything necessary or proper in order to secure absolute compliance with and observance of every such order by all of its officers, agents and employees.

4. The division shall have power to require, by order, any two or more motor carriers, whose lines, owned, operated, controlled or leased, form a continuous or connecting line of transportation by transfer of household goods or passengers at connecting points, to establish through rates and joint rates, fares and charges for the transportation of passengers and household goods within the state as the division may, by its order, designate; and in case such through rates, and joint rates be not established by the motor carriers named in any such order within the time therein specified, the division shall establish just and reasonable rates, fares and charges, to be charged for such through transportation, and declare the portions thereof to which each motor carrier affected thereby shall be entitled and the manner in which the same shall be paid and secured; and the division shall also have power in the same proceeding, or in a separate proceeding involving any rates, fares or charges, to prescribe joint rates and fares and charges as the maximum to be exacted for the transportation by them of passengers and household goods within the state, and to require such motor carriers affected thereby to make within a specified time an agreement between them as to the portion of such joint rates, fares or charges to which each of them shall be entitled; and in case such agreement be not so made within the time so specified the division may declare by supplemental order the portion thereof to which each motor carrier affected thereby shall be entitled and the manner in which the same shall be paid and secured; such supplemental order shall take effect as part of the original order from the time such supplemental order shall become effective.

(RSMo 1939 § 5623, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5167; 1919 § 10456

Power of division of motor carrier and railroad safety to suspendrates.

387.200. Whenever there shall be filed with the division of motor carrier and railroad safety by any motor carrier any schedule stating a new individual or joint rate, fare or charge, or any new individual or joint classification, or any new individual or joint regulation or practice affecting any rate, fare or charge, the division shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint at once, and if it so orders without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing, concerning the propriety of such rate, fare, charge, classification, regulation or practice; and pending such hearing and the decision thereon the division, upon filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation or practice, but not for a longer period than one hundred and twenty days beyond the time when such rate, fare, charge, classification, regulation or practice, would otherwise go into effect; and after full hearing, whether completed before or after the rate, fare, charge, classification, regulation or practice goes into effect, the division may make such order in reference to such rate, fare, charge, classification, regulation or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation or practice had become effective; provided, that if any such hearing cannot be concluded within the period of suspension, as stated in this section*, the division may, in its discretion, extend the time of suspension for a further period not exceeding six months. At any hearing involving a rate increased or a rate sought to be increased after August 28, 1996, the burden of proof to show that the increased rate or proposed increased rate is just and reasonable shall be upon the motor carrier, and the division shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible.

(RSMo 1939 § 5625, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5169; 1919 § 10457

*Words "as above stated" appear in original rolls.

Standard commercial units of service, determination by division.

387.205. The division shall ascertain, determine and fix for each motor carrier of passengers or household goods suitable and convenient standard commercial units of service, product or commodity, which units shall be lawful units for the purposes of this chapter.

(L. 1996 S.B. 780)

Authority of division to fix rates, tolls, charges and schedules.

387.207. 1. All rates, tolls, charges, schedules and joint rates fixed by the state highways and transportation commission with reference to the transportation of passengers by motor carrier shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the commission shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose pursuant to the provisions of this chapter.

2. All rates, tolls, charges, schedules, and joint rates published in accordance with subsection 3 of section 387.050 with reference to the transportation of household goods by motor carrier shall be in force and shall be prima facie lawful, and all regulations, practices and services prescribed by the state highways and transportation commission shall be in force and shall be prima facie lawful and reasonable until found otherwise in a suit brought for that purpose under and pursuant to the provisions of this chapter.

(L. 1996 S.B. 780, A.L. 2012 H.B. 1402 merged with S.B. 470)

Power of division of motor carrier and railroad safety to orderrepairs or changes on facilities, property and equipment.

387.210. 1. If in the judgment of the division of motor carrier and railroad safety, additional terminals or terminal facilities, stations or any other property, construction, apparatus, equipment, facilities or device for use by any motor carrier in connection with the transportation of passengers or household goods ought reasonably to be provided, or any repairs or improvements to or changes in any thereof in use ought reasonably to be made, or any additions or changes in construction should reasonably be made thereto in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for the transportation of passengers or property, the division shall, after a hearing, either on its own motion or after complaint, make and serve an order directing such repairs, improvements, changes or additions to be made within a reasonable time and in a manner to be specified therein, and every motor carrier is hereby required and directed to make all repairs, improvements, changes and additions required of it by any order of the division served upon it.

2. If any repairs, improvements, changes or additions which the division has determined to order require joint action by two or more of said corporations, the division shall, before entry and service of order, notify the said corporations that such repairs, improvements, changes or additions will be required and that the same shall be made at their joint cost, and thereupon the said corporations shall have thirty days or such longer time as the division may grant within which to agree upon the part or division of cost of such repairs, improvements, changes or additions which each shall bear. If at the expiration of such time such corporations shall fail to file with the division a statement that an agreement has been made for a division or apportionment of such repairs, improvements, changes or additions, the division shall have authority, after further hearing, to fix in its order the proportion of such cost or expense to be borne by each corporation and the manner in which the same shall be paid and secured.

(RSMo 1939 § 5626, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5170; 1919 § 10458

CROSS REFERENCE:

Railroad regulation, cities of third and fourth classes, 77.200

Right to issue stocks, bonds and notes is subject toregulation by state.

387.240. The power of motor carriers to issue stocks, and bonds, notes and other evidences of indebtedness and to create liens upon their property situated in this state is a special privilege, the right of supervision, regulation, restriction, and control of which is and shall continue to be vested in the state, and such power shall be exercised as provided by law and under such rules and regulations as the division of motor carrier and railroad safety may prescribe.

(RSMo 1939 § 5631, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5175; 1919 § 10463

Common carriers may issue stocks, bonds or other forms ofindebtedness, when--approval of the division of motor carrier andrailroad safety.

387.270. 1. A motor carrier organized or existing, or hereafter incorporated, under or by virtue of the laws of the state of Missouri, may issue stocks, bonds, notes or other evidences of indebtedness payable at periods of more than twelve months after the date thereof, when necessary for the acquisition of property, the construction, completion, extension or improvement of its facilities, or for the improvement or maintenance of its service, or for the discharge or lawful refunding of its obligations, or for the reimbursement of moneys actually expended from income, or from any other moneys in the treasury of the corporation not secured by or obtained from the issue of stocks, bonds, notes or other evidence of indebtedness of such corporation, within five years next prior to the filing of an application with the division of motor carrier and railroad safety for the required authorization, for any of the aforesaid purposes except maintenance of service and except replacements in cases where the applicant shall have kept its accounts and vouchers of such expenditure in such manner as to enable the division to ascertain the amount of moneys so expended and the purposes for which such expenditure was made; provided, and not otherwise, that there shall have been secured from the division an order authorizing such issue, and the amount thereof, and stating the purposes to which the issue or proceeds thereof are to be applied, and that, in the opinion of the division, the money, property or labor to be procured or paid for by the issue of such stocks, bonds, notes or other evidence of indebtedness is or has been reasonably required for the purposes specified in the order, and that except as otherwise permitted in the order in the case of bonds, notes and other evidence of indebtedness, such purposes are not, in whole or in part, reasonably chargeable to operating expenses or to income.

2. For the purpose of enabling it to determine whether it should issue such an order, the division shall make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents or contracts as it may deem of importance in enabling it to reach a determination. Such corporation shall not without the consent of the division apply said issue or any proceeds thereof to any purpose not specified in such order.

3. Such motor carrier may issue notes, for proper corporate purposes and not in violation of any provision of this chapter, or any other law, payable at periods of not more than twelve months without such consent, but no such notes shall, in whole or in part, directly or indirectly, be refunded, by any issue of stock or bonds or by any evidence of indebtedness running for more than twelve months without the consent of the division; provided, however, that the division shall have no power to authorize the capitalization of any franchise to be a corporation or to authorize the capitalization of any franchise or the right to own, operate or enjoy any franchise whatsoever in excess of the amount (exclusive of any tax or annual charge) actually paid to the state or to a political subdivision thereof as the consideration for the grant of such franchise or right; nor shall the capital stock of a corporation formed by the merger or consolidation of two or more other corporations, exceed the sum of the capital stock of the corporation so consolidated, at the par value thereof, or such sum and any additional sum actually paid in cash; nor shall any contract for consolidation or lease be capitalized in the stock of any corporation whatever; nor shall any corporation hereafter issue any bonds against or as a lien upon any contract for consolidation or merger.

(RSMo 1939 § 5634, A. 1949 H.B. 2100, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5178; 1919 § 10466

Certificate of division of motor carrier and railroad safety to berecorded--stock dividends prohibited.

387.280. 1. No motor carrier governed by the provisions of this chapter shall issue any stock, bonds, notes or other evidence of indebtedness, for money, property or services, either directly or indirectly, nor shall it receive any money, property or services in payment of the same, either directly or indirectly, until there shall have been recorded upon the books of such corporation or person the certificate of the division of motor carrier and railroad safety herein provided for.

2. No motor carrier governed by the provisions of this chapter shall declare any stock, bond or scrip dividend or divide the proceeds of the same of any stock, bond or scrip among its stockholders unless authorized by the division so to do.

(RSMo 1939 § 5635, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5179; 1919 § 10467

Power of division of motor carrier and railroad safety to requireaccount of disposition of proceeds of sales of stock, bonds--ifissued without authority, void--penalties and forfeitures--state notliable.

387.290. 1. The division of motor carrier and railroad safety shall have the power to require motor carriers to account for the disposition of the proceeds of all sales of stocks, bonds, notes and other evidences of indebtedness in such form and detail as it may deem advisable and to establish such rules and regulations as it may deem reasonable and necessary to insure the disposition of such proceeds for the purpose or purposes specified in its order.

2. All stock, and every bond, note or evidence of indebtedness, of a motor carrier issued without an order of the division authorizing the same then in effect shall be void, and likewise all stock, and every bond, note or other evidence of indebtedness, of a motor carrier issued with the authorization of the division, but not conforming in its provisions to the provisions, if any, which it is required by the order of authorization of the division to contain, shall be void; but no failure in any other respect to comply with the terms or conditions of the order of authorization of the division shall render void any stock, or any bond, note or other evidence of indebtedness, except as to a corporation or person taking the same otherwise than in good faith and for value and without actual notice.

3. Every motor carrier, which directly or indirectly issues or causes to be issued, any stock or stock certificates, or bond, note or other evidence of indebtedness, in nonconformity with the order of the division authorizing the same, or contrary to the provisions of this chapter, or of the constitution of the state, or which applies the proceeds from the sale thereof, or any part thereof, to any purpose other than the purpose or purposes specified in the division's order, as herein provided, or to any purpose specified in the division's order in excess of the amount in said order authorized for such purpose, is subject to a penalty of not less than five hundred dollars nor more than twenty thousand dollars for each offense.

4. Every officer, agent or employee of a motor carrier, and every other person who knowingly authorizes, directs, aids in, issues or executes, or causes to be issued or executed, any stock, or bond, note or other evidence of indebtedness, in nonconformity with the order of the division authorizing the same, or contrary to the provisions of this chapter, or of the constitution of this state, or who, in any proceeding before the division, knowingly makes any false statement or representation, or with knowledge of its falsity files or causes to be filed with the division any false statement or representation which said statement or representation so made, filed or caused to be filed may tend in any way to influence the division to make an order authorizing the issue of any stock, or any bond, note or other evidence of indebtedness, or which results in procuring from the division the making of any such order, or who, with knowledge that any false statement or representation was made to the division in any proceeding, tending in any way to influence the division to make such order, issues or executes or negotiates, or causes to be issued, executed or negotiated any such stock, or bond, note or other evidence of indebtedness, or who directly or indirectly, knowingly applies, or causes or assists to be applied the proceeds or any part thereof, from the sale of any stock, or bond, note or other evidence of indebtedness, to any purpose not specified in the division's order, or to any purpose specified in the division's order in excess of the amount authorized for such purpose, or who, with knowledge that any stock, or bond, note or other evidence of indebtedness, has been issued or executed in violation of any of the provisions of this chapter, negotiates, or causes the same to be negotiated, shall be deemed guilty of a felony, and upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or by imprisonment for not less than two years nor more than five years, or by both such fine and imprisonment.

5. No provision of this chapter, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the state of Missouri to pay or guarantee, in any manner whatsoever, any stock, or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of this chapter.

6. All stocks, and every bond, note or other evidence of indebtedness issued by any motor carrier after this chapter takes effect, upon the authority of any articles of incorporation or amendments thereto or vote of the stockholders or directors filed, taken or had, or other proceedings taken or had, previous to the taking effect of this chapter, shall be void, unless an order of the division authorizing the issue of such stock, or bonds, notes, or other evidences of indebtedness shall have been obtained from the division prior to such issue. The division may by its order impose such condition or conditions as it may deem reasonable and necessary.

(RSMo 1939 § 5636, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5180; 1919 § 10468

Power of division of motor carrier and railroad safety to ascertainvaluation of common carriers--hearings.

387.300. 1. The division of motor carrier and railroad safety shall have the power to ascertain the value of the property of every motor carrier in this state and every fact which in its judgment may or does have any bearing on such value. The division shall have power to make revaluations from time to time and to ascertain all new construction, extensions and additions to the property of every motor carrier.

2. For the purpose of ascertaining the matters and things specified in this section concerning the value of the property of motor carriers the division may cause a hearing or hearings to be held at such time or times or place or places as the division may designate. Before any hearing is had, the division shall give the motor carrier affected thereby at least thirty days' written notice, specifying the time and place of such hearing, and such notice shall be sufficient to authorize the division to inquire into the matters designated in this section, but this provision shall not prevent the division from making any preliminary examination or investigation into the matters herein referred to, or from inquiring into such matters in any other investigation or hearing. All motor carriers affected shall be entitled to be heard and to introduce evidence at such hearing or hearings. The division is empowered to resort to any other source of information available which information shall be offered in evidence on such hearing. The evidence introduced at such a hearing or at such hearings shall be reduced to writing and certified under the seal of the division.

3. The division shall make and file its findings of fact in writing upon all matters concerning which evidence shall have been introduced before it which in its judgment have bearing on the value of the property of the motor carrier affected. Such findings shall be subject to review by any circuit court of this state in the same manner and within the same time as other orders and decisions of the division. The findings of the division so made and filed, when properly certified under the seal of the division, shall be admissible in evidence in any action, proceeding or hearing before the division or any court in which the division, the state or any officer, department or institution thereof, or any county, city, municipality or other body politic and the motor carrier affected may be interested, whether arising under the provisions of this chapter or otherwise, and such findings when so introduced shall be conclusive evidence of the acts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined.

4. The division may from time to time cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions or extensions made by any motor carrier subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify or affect any findings of fact previously made, and may at such time make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided herein for such original notice, hearing and findings; provided, that such findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except insofar as such supplemental findings shall change or modify the findings made at the original hearing or investigation.

(RSMo 1939 § 5637, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5181; 1919 § 10469

Uniform system of accounts--access to accounts--penalty fordivulging information.

387.310. 1. The division of motor carrier and railroad safety may, whenever it deems advisable, establish a system of accounts to be used by motor carriers which are subject to its supervision, or may classify the said corporations and other carriers and prescribe a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. It may also, in its discretion, prescribe the forms of accounts, records and memoranda to be kept by such corporations, including the accounts, records and memoranda of the movement of traffic, as well as the receipts and expenditures of moneys. Notice of alterations by the division in the required method or form of keeping a system of accounts shall be given to such persons or corporations by the division at least six months before the same are to take effect.

2. The division shall at all times have access to all accounts, records and memoranda kept by motor carriers, and may designate any of its officers or employees, who shall thereupon have authority under the order of the division to inspect and examine any and all accounts, records and memoranda kept by such corporations.

3. The division may, after hearing, prescribe by order the accounts in which particular outlays and receipts shall be entered, charged or credited. Whenever the division has prescribed the form of accounts, records and memoranda to be kept by such corporations it shall be unlawful for them to keep any other accounts, records or memoranda than those so prescribed, or those prescribed by or under the authority of the United States.

4. Any employee or agent of the division who divulges any fact or information which may come to the employee's or agent's knowledge during the course of any such inspection or examination except insofar as the employee or agent may be directed by the division or by a court, or authorized by law, shall be guilty of a misdemeanor.

(RSMo 1939 § 5629, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5173; 1919 § 10461

Power of division of motor carrier and railroad safety to requiredepreciation account of motor carriers.

387.320. The division of motor carrier and railroad safety shall have power, after hearing, to require any or all motor carriers to carry a proper and adequate depreciation account in accordance with such rules, regulations and forms of account as the division may prescribe. The division may, from time to time, ascertain and determine and by order fix the proper and adequate rates of depreciation of the several classes of property of such corporation, person or public utility. Each motor carrier shall conform its depreciation accounts to the rates so ascertained, determined and fixed, and shall set aside the moneys so provided for out of earnings and carry the same in a depreciation fund and expend such fund only for such purposes and under such rules and regulations, both as to original expenditure and subsequent replacement as the division may prescribe. The income from investments of moneys in such fund shall likewise be carried in such fund.

(RSMo 1939 § 5638, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5182; 1919 § 10470

Reorganizations.

387.340. Reorganizations of motor carriers shall be subject to the supervision and control of the division of motor carrier and railroad safety and no such reorganization shall be had without the authorization of the division. Upon all such reorganizations the amount of capitalization, including therein all stocks and bonds and other evidence of indebtedness, shall be such as is authorized by the division which, in making its determination, shall not exceed the fair value of the property involved, taking into consideration its original cost of construction, duplication costs, present condition, earning power at reasonable rates and all other relevant matters and any additional sum or sums as shall be actually paid in cash; provided, however, that the division may make due allowance for discount of bonds. Any reorganization agreement before it becomes effective shall be amended so that the amount of capitalization shall conform to the amount authorized by the division. The division may by its order impose such condition or conditions as it may deem reasonable and necessary.

(RSMo 1939 § 5639, A.L. 1996 S.B. 780)

Prior revisions: 1929 § 5183; 1919 § 10471

Rate orders vacated for transportation of household goods inintrastate commerce, when, limitation.

387.355. On August 28, 2012, all rate orders issued by the state highways and transportation commission or its predecessors affecting the transportation of household goods by common carriers in intrastate commerce, pursuant to the authority of any of the provisions in this chapter or chapter 390, shall be vacated and set aside, but only to the extent that those rate orders require or prescribe any minimum rates, maximum rates, or minimum-and-maximum rates for the transportation of household goods by common carriers in intrastate commerce. This section shall not vacate or set aside any other requirements or provisions contained in those rate orders.

(L. 2012 H.B. 1402 merged with S.B. 470)


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