Missouri Revised Statutes

Chapter 390
Motor Carriers and Express Companies

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Purpose of law--how construed.

390.011. It is hereby declared that the legislation contained in this chapter is enacted for the following purposes:

(1) To promote safe, adequate, economical and efficient transportation;

(2) To promote the most productive use of equipment and energy resources; and

(3) To conserve the interests and convenience of the public. No right, privilege, or permit granted or obtained under or by virtue of the provisions of this chapter shall ever be construed as a vested right, privilege, or permit; and the general assembly retains full legislative power over, concerning and pertaining to the subject or subjects legislated upon in this chapter and the power and right to alter, amend or repeal any provision of this chapter at its pleasure.

(RSMo 1939 § 5736, A.L. 1951 p. 547 § 390.010, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5281

Definitions.

390.020. As used in this chapter, unless the context clearly requires otherwise, the words and terms mean:

(1) "Agricultural commodities in bulk", commodities conforming to the meaning of "commodities in bulk" as defined in this section, which are agricultural, horticultural, viticultural or forest products or any other products which are grown or produced on a farm or in a forest, and which have not undergone processing at any time since movement from the farm or forest, or processed or unprocessed grain, feed, feed ingredients, or forest products;

(2) "Certificate", a written document authorizing a common carrier to engage in intrastate commerce and issued under the provisions of this chapter;

(3) "Charter service", the transportation of a group of persons who, pursuant to a common purpose and at a fixed charge for the vehicle, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group from a point of origin to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartering group after having left the place of origin;

(4) "Commercial zone", unless otherwise increased pursuant to the provisions of subdivision (4) of section 390.041, any municipality within this state together with that territory either within or without the state of Missouri, extending one mile beyond the corporate limits of such municipality and one additional mile for each fifty thousand inhabitants or portion thereof; however, any commercial zone of a city not within a county shall extend eighteen miles beyond that city's corporate limits and shall also extend throughout any first class charter county which adjoins that zone;

(5) "Commodities in bulk", commodities, which are fungible, flowable, capable of being poured or dumped, tendered for transportation unpackaged, incapable of being counted, but are weighed or measured by volume and which conform to the shape of the vehicle transporting them;

(6) "Common carrier", any person which holds itself out to the general public to engage in the transportation by motor vehicle of passengers or property for hire or compensation upon the public highways and airlines engaged in intrastate commerce;

(7) "Contract carrier", any person under individual contracts or agreements which engage in transportation by motor vehicles of passenger or property for hire or compensation upon the public highways;

(8) "Corporate family", a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a one hundred percent interest;

(9) "Division", the division of motor carrier and railroad safety of the department of transportation;

(10) "Driveaway operator":

(a) Any motor carrier who moves any commercial motor vehicle or assembled automobile singly under its own power or in any other combination of two or more vehicles under the power of one of said vehicles upon any public highway for the purpose of delivery for sale or for delivery either before or after sale;

(b) A person engaged in the business of furnishing drivers and operators for the purpose of transporting vehicles in transit from one place to another by the driveaway or towaway methods; or

(c) A person who is lawfully engaged in the business of transporting or delivering vehicles that are not the person's own and vehicles of a type otherwise required to be registered, by the driveaway or towaway methods, from a point of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales agent of a manufacturer or to any consignee designated by the shipper or consignor;

(11) "Dump truck", any open-top vehicle, including dump trailers, and those trailers commonly referred to as hopper trailers and/or belly dump trailers, that discharges its load by tipping or opening the body in such a manner that the load is ejected or dumped by gravity but does not include tank or other closed-top vehicles, or vehicles that discharge cargo by means of an auger, conveyor belt, air pressure, pump or other mechanical means;

(12) "Household goods", personal effects and property used or to be used in a dwelling when a part of the equipment or supply of such dwelling; new or used furniture; store or office furniture or fixtures; equipment of museums, institutions, hospitals and other establishments; and articles, which because of their unusual nature or value require specialized handling and equipment usually employed in moving household goods;

(13) "Interstate commerce", commerce between a point in this state and a point outside this state, or between points outside this state when such commerce moves through this state whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other regulated means of transportation where the commodity does not come to rest or change its identity during the movement;

(14) "Intrastate commerce", commerce moving wholly between points within this state, whether such commerce moves wholly by motor vehicle or partly by motor vehicle and partly by any other means of transportation;

(15) "Irregular route", the course or line of travel to be used by a motor carrier's vehicle when not restricted to any specific route or routes within the area the motor carrier is authorized to serve;

(16) "Less-than-truckload lots", lots of freight, other than a truckload lot, being transported on the motor vehicle at one time;

(17) "Mobile home", house trailers, cabin trailers, bungalow trailers, mobile homes and any other transportable building unit designed to be used for residential, commercial, industrial or recreational purposes, including special equipment, wheels, tires, axles, springs, racks, undercarriages and undersupports used or useful in connection with the transportation of mobile homes when transported as part of the transportation of mobile homes;

(18) "Motor carrier", any person engaged in the transportation of property or passengers, or both, for compensation or hire, over the public roads of this state by motor vehicle. The term includes both common and contract carriers;

(19) "Motor vehicle", any vehicle, truck, truck-tractor, trailer, or semitrailer, motor bus or any self-propelled vehicle used upon the highways of the state in the transportation of property or passengers;

(20) "Party", any person admitted as a party to a division proceeding or seeking and entitled as a matter of right to admission to a division proceeding;

(21) "Permit", a permit issued under the provisions of this chapter to a contract carrier to engage in intrastate or interstate commerce or to a common carrier to engage in interstate commerce;

(22) "Person", any individual or other legal entity, whether such entity is a proprietorship, partnership, corporation, company, association or joint-stock association, including the partners, officers, employees, and agents of the person, as well as any trustees, assignees, receivers, or personal representatives of the person;

(23) "Private carrier", any person engaged in the transportation of property or passengers by motor vehicle upon public highways, but not as a common or contract carrier by motor vehicle; and includes any person who transports property by motor vehicle where such transportation is incidental to or in furtherance of his commercial enterprises;

(24) "Public highway", every public street, road, highway or thoroughfare of any kind used by the public, whether actually dedicated to the public;

(25) "Regular route", a specific and determined course to be traveled by a motor carrier's vehicle rendering service to, from or between various points or localities in this state;

(26) "School bus", any motor vehicle while being used solely to transport students to or from school or to transport students to or from any place for educational purposes or school purposes;

(27) "Taxicab", any motor vehicle performing a bona fide for-hire taxicab service having a capacity of not more than five passengers, exclusive of the driver, and not operated on a regular route or between fixed termini;

(28) "Truckload lot", a lot or lots of freight tendered to a carrier by one consignor or one consignee for delivery at the direction of the consignor or consignee with the lot or lots being the only lot or lots transported on the motor vehicle at any one time.

(RSMo 1939 § 5720, A.L. 1941 p. 522, A.L. 1951 p. 547, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423 merged with S.B. 663, A.L. 1991 H.B. 262, A.L. 2004 S.B. 757 merged with S.B. 1233, et al.)

Prior revision: 1929 § 5264

CROSS REFERENCE:

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

UCR agreement--definitions--commission authority--precedence ofagreement--filing of forms and registration fee-enforcementauthority--authorized exemptions.

390.021. 1. The provisions of this section shall be applicable, notwithstanding any provisions of section 390.030 to the contrary.

2. As used in chapter 622 and in this section, except when the context clearly requires otherwise, the following terms shall mean:

(1) "UCR implementing regulations", includes the regulations issued by the United States Secretary of Transportation under 49 U.S.C.A. Section 13908, the rules and regulations issued by the board of directors of the Unified Carrier Registration (UCR) plan under 49 U.S.C.A. Section 14504a, and the administrative rules adopted by the state highways and transportation commission under this section;

(2) "Unified Carrier Registration Act", or "UCR Act", sections 4301 to 4308 of the Unified Carrier Registration Act of 2005, within subtitle C of title IV of the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users" or "SAFETEA-LU", Public Law 109-59 (119 Stat. 1761), as those sections have been and periodically may be amended.

3. Except when the context clearly requires otherwise, the definitions of words in 49 U.S.C.A. Sections 13102, 13908, and 14504a shall apply to and determine the meaning of those words as used in this section.

4. In carrying out and being subject to the provisions of the UCR Act, the Unified Carrier Registration (UCR) agreement, the UCR implementing regulations, and this section, but notwithstanding any other provisions of law to the contrary, the state highways and transportation commission may:

(1) Submit to the proper federal authorities, amend and carry out a state plan to qualify as a base state and to participate in the UCR plan and administer the UCR agreement, and take other necessary actions as the designated representative of the state of Missouri so that:

(a) Missouri-domiciled entities who must register and pay UCR registration fees are not required to register and pay those fees in a base state other than the state of Missouri;

(b) The state of Missouri does not forfeit UCR registration fee revenues; and

(c) The state of Missouri may maintain its eligibility to receive the maximum allowable allocations of revenues derived under the UCR agreement;

(2) Administer the UCR registration of Missouri-domiciled motor carriers, motor private carriers, brokers, freight forwarders and leasing companies, and such persons domiciled in nonparticipating states who have designated this state as their base state under the UCR Act;

(3) Receive, collect, process, deposit, transfer, distribute, and refund UCR registration fees relating to any of the persons and activities described in this section. Notwithstanding any provisions of law to the contrary, these UCR registration fees collected by the commission are hereby designated as "nonstate funds" within the meaning of Section 15, Article IV, Constitution of Missouri, and the commission shall transmit these funds to the state department of revenue for deposit to the credit of the state highways and transportation department fund. The commission shall, from time to time, direct the payment of, and the director of revenue shall pay, the fees so deposited, in accordance with the provisions of the UCR Act, the UCR agreement, and the UCR implementing regulations. The director of revenue shall credit all income derived from the investment of these funds to the state highways and transportation department fund;

(4) Exercise all other powers, duties, and functions the UCR Act requires of or allows a participating state or base state;

(5) Promulgate administrative rules and issue specific orders relating to any of the persons and activities described in 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, 2008, shall be invalid and void;

(6) Enter into agreements with any agencies or officers of the United States, or of any state that participates or intends to enter into the UCR agreement; and

(7) Delegate any or all of the powers, duties, and functions of the commission under this section to any agent or contractor.

5. After the commission has entered into the UCR plan on behalf of this state, the requirements in the UCR agreement shall take precedence over any conflicting requirements under chapter 622 or this chapter.

6. Notwithstanding any other provisions of law to the contrary, every motor carrier, motor private carrier, broker, freight forwarder, and leasing company that has its principal place of business within this state, and every such person who has designated this state as the person's base state under the provisions of the UCR Act, shall timely complete and file with the state highways and transportation commission all the forms required by the UCR agreement and the UCR implementing regulations, and shall pay the required UCR registration fees to the commission.

7. All powers of the commission under section 226.008 are hereby made applicable to the enforcement of this section with reference to any person subject to any provision of this section. The chief counsel shall not be required to exhaust any administrative remedies before commencing any enforcement actions under this section. The provisions of chapter 622 shall apply to and govern the practice and procedures before the courts in those actions.

8. Except as required by the UCR Act, the UCR agreement, or the UCR implementing regulations, the provisions of this section and the rules adopted by the commission under this section shall not be construed as exempting any motor carrier, or any person controlled by a motor carrier, from any of the requirements of chapter 622, or this chapter, relating to the transportation of passengers or property in intrastate commerce.

9. Notwithstanding any other provision of this section to the contrary, Missouri elects to not apply the provisions of the UCR Act, the UCR agreement, and the UCR implementing regulations to motor carriers and motor private carriers that operate solely in intrastate commerce transporting farm or dairy products, including livestock, from a farm, or property from farm to farm, or stocker and feeder livestock from farm to farm, or from market to farm.

(L. 2008 H.B. 1422 merged with S.B. 930 & 947)

Vehicles exempted--discrimination prohibited, when.

390.030. 1. The provisions of this chapter shall not apply to:

(1) School buses;

(2) Taxicabs;

(3) Motor vehicles while being used exclusively to transport:

(a) Stocker and feeder livestock from farm to farm, or from market to farm,

(b) Farm or dairy products including livestock from a farm or dairy,

(c) Agricultural limestone or fertilizer to farms,

(d) Property from farm to farm,

(e) Raw forest products from farm, or

(f) Cotton, cottonseed, and cottonseed hulls;

(4) Motor vehicles when operated under contract with the federal government for carrying the United States mail and when on a trip provided in the contract;

(5) Motor vehicles used solely in the distribution of newspapers from the publisher to subscribers or distributors;

(6) The transportation of passengers or property performed by a carrier pursuant to a contract between the carrier and the state of Missouri or any civil subdivision thereof, where the transportation services are paid directly to the carrier by the state of Missouri or civil subdivision;

(7) Freight-carrying motor vehicles duly registered and licensed in conformity with the provisions of chapter 301 for a gross weight of six thousand pounds or less;

(8) The transportation of passengers or property wholly within a municipality, or between contiguous municipalities, or within a commercial zone as defined in section 390.020, or within a commercial zone established by the division of motor carrier and railroad safety pursuant to the provisions of subdivision (4) of section 390.041; provided, the exemption in this subdivision shall not apply to motor carriers of persons operating to, from or between points located wholly or in part in counties now or hereafter having a population of more than three hundred thousand persons, where such points are not within the same municipality and to motor carriers of commodities in bulk to include liquids, in tank or hopper type vehicles, and in a commercial zone as defined herein or by the division;

(9) Street railroads and public utilities other than common carriers as defined in section 386.020;

(10) Motor vehicles whose operations in the state of Missouri are interstate in character and are limited exclusively to a municipality and its commercial zone;

(11) Motor vehicles, commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing or otherwise rendering assistance to abandoned, disabled or wrecked vehicles;

(12) Motor vehicles while being used solely by a group of employees to commute to and from their place or places of employment, except that the motor vehicle must be driven by a member of the group.

2. Nothing contained in this section shall be deemed to exempt the vehicles of driveaway operators.

3. Except for the provisions of subdivision (5) of section 390.041, the provisions of this chapter shall not apply to private carriers.

4. No agency of state government nor any county or municipality or their agencies shall discriminate against any motor carrier or private carrier or deny any such carrier operating a motor vehicle public access to any building, facility or area owned by or operated for the public unless such discrimination or denial is based solely on reasonable vehicle size or weight considerations. The provisions of this subsection shall only apply in cities not within a county and first class counties with a charter form of government which adjoin any city not within a county.

5. Beginning January 1, 2008, the exemptions in subdivisions (8) and (10) of subsection 1 of this section shall not apply to intrastate motor carriers that transport household goods.

(RSMo 1939 § 5721, A.L. 1945 p. 1206, A.L. 1947 V. I p. 390, A.L. 1951 p. 547, A.L. 1959 H.B. 24, A.L. 1969 p. 530, A.L. 1971 S.B. 253, A.L. 1978 H.B. 1325, S.B. 691, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423, A.L. 2007 H.B. 28 merged with S.B. 30)

CROSS REFERENCE:

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

Powers of the division of motor carrier and railroad safety toregulate common and contract motor carriers.

390.041. The division of motor carrier and railroad safety is hereby vested with power and authority:

(1) To license, supervise and regulate every common or contract carrier in this state; to make, fix or approve just and reasonable minimum, maximum, or minimum and maximum rates, fares and charges thereof; to make, fix or approve just and reasonable classifications, rules and regulations pertaining to rates, fares and charges thereof; by general order or otherwise, to establish reasonable requirements with respect to adequate and continuous service, uniform systems of accounts, records and reports, preservation of records; and to supervise and regulate every common or contract carrier in these and all other matters affecting their relationship with the public;

(2) To inquire, for purposes of administration of the provisions of this chapter, into the management of the business of motor carriers, and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of such persons is related to the management of the business of one or more motor carriers, and the division may require from such motor carriers or persons such information as the division deems necessary to carry out the provisions of this chapter;

(3) To establish just and reasonable classifications of types of carriers included in the term "common carriers" as the special nature of the services performed by such carriers shall require; including a separate classification for operations in vehicles licensed for a gross weight of nine thousand pounds or less; and by general order or otherwise, establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter to be observed by carriers so classified or grouped, as the division deems necessary or desirable in the public interest;

(4) To define, but not reduce, by general order or otherwise, after hearing, the limits of a commercial zone contiguous or adjacent to any point or municipality, giving due regard in defining the commercial zone to that area which is adjacent to and commercially a part of the point or municipality;

(5) To enforce wholly within terminals the rules and regulations promulgated by the director of the department of public safety under section 307.400 as they apply to motor vehicles.

(RSMo 1939 § 5723, A.L. 1951 p. 547 § 390.040, A.L. 1984 H.B. 1410, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423)

Prior revision: 1929 § 5265

Effective 5-13-88

CROSS REFERENCE:

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

Enforcement personnel of division of motor carrier and railroadsafety--powers, training--vehicles to be emergency vehicles--firearmsprohibited.

390.045. 1. Duly authorized enforcement personnel of the division may stop commercial motor vehicles when there is a probable cause that the operator has violated, or is violating, any part of this chapter, or the rules promulgated by the division of motor carrier and railroad safety. Enforcement personnel may detain the vehicle and operator for a reasonable period of time to determine if in fact the commercial motor vehicle is in violation of this chapter or the rules promulgated by the division. Information obtained during a stop may be used to file a complaint with the director of the division through the general counsel of the division of motor carrier and railroad safety with an administrative law judge to ascertain the legality of the commercial motor vehicle operation.

2. Vehicles operated by division of motor carrier and railroad safety enforcement personnel shall be considered emergency vehicles as defined in section 304.022. Enforcement personnel of the division of motor carrier and railroad safety shall not have the right to bear firearms. Enforcement personnel shall be required to complete one hundred twenty hours of basic law enforcement training as required of peace officers as specified in chapter 590.

(L. 1986 H.B. 1428, A.L. 1988 S.B. 423)

Effective 5-13-88

CROSS REFERENCE:

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

Certificate required for common carriers of household goods orpassengers to do business--application, content--issued when.

390.051. 1. Except as otherwise provided in section 390.030, no person shall engage in the business of a common carrier of household goods or passengers in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a certificate issued by the state highways and transportation commission authorizing such operations.

2. Application for a certificate shall be made in writing to the state highways and transportation commission and shall contain such information as the state highways and transportation commission shall, by rule, require and shall include:

(1) Full information concerning the ownership, financial status of applicant through the submission of documentation describing assets, liabilities, and capital, equipment to be used and a statement listing the physical equipment of applicant and the reasonable value thereof;

(2) The complete route or routes over which the applicant desires to operate, or territory to be served; except that the state highways and transportation commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers with reference to any route or routes; except that the state highways and transportation commission shall restrict the applicant's registration against the transportation of any hazardous material as designated in Title 49, Code of Federal Regulations, if the state highways and transportation commission finds that the applicant has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance, and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations;

(3) The proposed rates, schedule or schedules, or timetable of the applicant.

3. If the state highways and transportation commission finds that an applicant seeking to transport household goods, or passengers, is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the state highways and transportation commission established thereunder, a certificate therefor shall be issued.

4. The state highways and transportation commission shall streamline and simplify to the maximum extent practicable the process for issuance of certificates to which the provisions of this section apply. The state highways and transportation commission is authorized to enter into interagency agreements with any entity created and operating under the provisions of sections* 67.1800 to 67.1822 to deal with any public safety issues that may arise as a result of the provisions of this section.

5. The state highways and transportation commission shall dismiss on its motion any application for substantially the same common authority that has been previously denied within six months of filing the subsequent application.

(RSMo 1939 § 5724, A.L. 1951 p. 547 § 390.050, A.L. 1965 p. 591, A.L. 1969 p. 530, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423, A.L. 2012 H.B. 1402 merged with S.B. 470)

Prior revision: 1929 § 5267

*Word "section" appears in original rolls.

CROSS REFERENCE:

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

Movers of household goods in intrastate commerce, proof of workers'compensation insurance coverage required.

390.054. Beginning August 28, 2012, and continuing thereafter, no certificate or permit to transport household goods in intrastate commerce shall be issued or renewed unless the applicant demonstrates that the applicant has workers' compensation insurance coverage that complies with chapter 287 for all employees. If any household goods carrier subject to the provisions of this chapter or chapter 387 is found by the division of workers' compensation to be out of compliance with chapter 287, the division shall report such fact to the state highways and transportation commission. The commission shall suspend the household goods carrier's certificate or permit pursuant to section 390.106 until such time as the carrier demonstrates that it has procured workers' compensation insurance coverage that complies with chapter 287.

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

Contract carriers of household goods or passengers to havepermit--application, contents--issuance--contractrates--interagency agreements.

390.061. 1. Except as otherwise provided in section 390.030, no person shall engage in the business of a contract carrier of household goods or passengers in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a permit issued by the state highways and transportation commission authorizing such operations.

2. Applications for such permits shall be made to the state highways and transportation commission in writing and shall contain such information as the state highways and transportation commission shall, by rule, require and shall include:

(1) Full information concerning the ownership, financial status of applicant through the submission of documentation describing assets, liabilities, and capital, equipment to be used and a statement listing the physical equipment of applicant and the reasonable value thereof;

(2) The complete route or routes over which the applicant desires to operate, or territory to be served; except that the state highways and transportation commission shall not restrict any certificate or permit authorizing the transportation of household goods or passengers with reference to any route or routes; except that the state highways and transportation commission shall restrict the applicant's registration against the transportation of any hazardous material as designated in Title 49, Code of Federal Regulations, if the state highways and transportation commission finds that the applicant has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance, and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations.

3. If the state highways and transportation commission shall find that the applicant is seeking to transport household goods, or passengers, and is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the state highways and transportation commission thereunder, a permit therefor shall be issued.

4. Any permit issued under this section shall specify the service to be rendered, the contracting parties, and the area to be served.

5. The state highways and transportation commission will not have jurisdiction over contract rates. A copy of the original contract must be filed with the state highways and transportation commission prior to issuance of a permit. In the event the applicant chooses not to disclose contract rates in the application, the contract shall contain in lieu of rates a specific provision which incorporates by reference a schedule of rates, in writing, to be effective between carrier and shipper. Current contracts and rate schedules must be maintained by the carrier and contracting shippers. A contract permit, authorizing the transportation of household goods or passengers, may be amended to include additional contracting parties by the filing of said contracts with the state highways and transportation commission and acknowledgment by the state highways and transportation commission.

6. The state highways and transportation commission is authorized to enter into interagency agreements with any entity created and operating under the provisions of sections* 67.1800 to 67.1822 to deal with any public safety issues that may arise as a result of the provisions of this section.

(RSMo 1939 § 5727, A.L. 1951 p. 547 § 390.060, A.L. 1965 p. 591, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423, A.L. 2012 H.B. 1402 merged with S.B. 470)

*Word "section" appears in original rolls.

CROSS REFERENCE:

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

Procedure for obtaining certificates, permits and rate relief--motionto intervene, when, content--ruling final, when--time extension.

390.062. 1. The division, upon the filing of an application for a certificate under subsection 4 of section 390.051, a permit under subsection 4 of section 390.061, or the institution of a proceeding involving rate relief, except as provided in section 390.081, shall cause notice thereof to be published and served by the mailing of a notice register showing the name and address of the party filing the pleading, the name and address of the attorney, the division's docket number and a concise statement of the issues contained therein. Any interested party may obtain a copy of the pleading upon request to the director of the division.

2. Within fifteen days of the publication of an application, or other proceeding, any interested party may file a motion to intervene specifically setting forth its interest therein, including a statement of its authority, and that it is providing service thereunder.

3. If the proceeding is unopposed, the division may, in its discretion, take evidence by verified statement, and without hearing or other proceedings issue its final order.

4. If the proceeding is opposed, the division shall assign the matter for hearing to be held no later than forty-five days after filing unless an applicant requests or consents to a continuance, or in the alternative, may require the parties to adduce the evidence by verified statement and assign the matter for hearing to resolve factual conflicts.

5. The division shall issue its final order granting or denying the relief sought in whole or in part within ninety days after the submission of final arguments or else stand approved.

6. In the event the division shall designate an application as one of a complex nature requiring a substantial record, the division may, upon making such written finding, extend the period of time for issuing a decision an additional thirty days.

(L. 1986 H.B. 1428)

CROSS REFERENCE:

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

Certificate required for motor carriers transporting elderly,handicapped and children in head start for rural areas,application, content--rates not to be regulated bydivision--license not required, when.

390.063. 1. As used in this chapter, the following terms mean:

(1) "Elderly", any person who is sixty years of age or older;

(2) "Handicapped", any person having a physical or mental condition, either permanent or temporary, which would substantially impair ability to operate or utilize available transportation; and

(3) "Urbanized area", an area so designated by the United States Bureau of Census as provided under section 12(c)(11) of the Urban Mass Transportation Act of 1964, as amended, and which has a population of more than fifty thousand persons.

2. Notwithstanding any provisions of this chapter to the contrary, the division shall issue a certificate or permit in accordance with the provisions of this section to a not-for-profit corporation seeking to transport by motor vehicle, as a common carrier or contract carrier in intrastate commerce, exclusively passengers other than in charter service who are:

(1) Elderly;

(2) Handicapped;

(3) Preschool disadvantaged children transported for the purpose of participating in a federal Head Start program; or

(4) Transported in areas other than urbanized areas as defined in this section, for which the motor carrier is authorized to be subsidized or reimbursed under Section 18 of the Urban Mass Transportation Act of 1964, as amended, Section 1614 of Title 49, United States Code, with federal funds administered by the Missouri transportation department,

except that priority shall be given to serving passengers who are elderly, handicapped or preschool disadvantaged children under the certificate or permit issued under this section.

3. A not-for-profit corporation seeking a certificate or permit under this section shall make a written application to the division, in the form and containing the information which the division shall require by rule. The application shall include at least a complete description of the routes or territory to be served, and a list of the equipment to be used by the applicant in providing the proposed service. If the division finds that an applicant seeking to transport passengers as described in subsection 2 of this section is willing and able to properly perform the service proposed and to conform to the applicable provisions of this chapter, and the applicable rules and orders of the division, a certificate or permit authorizing such transportation shall be issued. The division may, by rule, make reasonable requirements to prevent the unauthorized transportation of passengers other than as described in subsection 2 of this section, by motor carriers to whom a certificate or permit is issued under this section.

4. The division shall not have jurisdiction over the rates charged by motor carriers for the transportation of passengers as described in subsection 2 of this section and provided under the authority of a certificate or permit issued under this section. Such motor carriers shall not be required to file with the division or publish tariff schedules setting forth their rates and charges for such transportation.

5. The provisions of section 390.136 shall not apply to motor vehicles exclusively used to transport passengers as described in subsection 2 of this section under the authority of a certificate or permit issued under this section.

(L. 1992 H.B. 1433, A.L. 2012 H.B. 1402)

CROSS REFERENCE:

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

Application for employment, information of previous employmentrequired--employer not to allow driver to drive on suspended,revoked or cancelled license, penalty--division of motor carrierand railroad safety to perform audit, purpose, set rates forcarriers of commodities in dump trucks, exceptions.

390.066. 1. Each person who applies for employment as a driver of a commercial motor vehicle shall provide the employer at the time of the application with information of previous employment as a commercial motor vehicle driver, as prescribed by the Secretary of Transportation of the United States, for the ten years preceding the date of application.

2. Each employer shall require the information specified in subsection 1 of this section and advise the applicant of the purpose of such information as prescribed by the Secretary of Transportation of the United States.

3. No employer or shipper shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle in the United States during any period in which the driver has a driver's license suspended, revoked, or cancelled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle or is subject to an out-of-service order in any state, or in which the driver has more than one driver's license. Any employer or shipper in violation of this subsection may be convicted of a violation thereof and shall be guilty of a class A misdemeanor. The Missouri division of motor carrier and railroad safety shall annually perform financial audits and surveys of a representative number of common carriers of commodities in bulk in dump trucks to determine and set the minimum rate or charge reasonably required and necessary for these carriers to maintain their equipment in a safe condition, to reasonably compensate drivers, so they may meet and comply with state and federal requirements for safety, and to allow these carriers to reasonably pay their other necessary operating expenses including all required taxes, licenses and insurance. The provisions of this subsection relating to minimum rates shall not apply to common carriers transporting bulk commodities in dump trucks on any shipment weighing forty thousand pounds or more which is transported seventy-five miles or more from the point of origin of the shipment. On shipments exempted from prescribed minimum rates under this subsection, common carriers shall be subject to all other applicable laws, rules, regulations, and orders and decisions of the division, including those relating to prescribed maximum rates. Notwithstanding any other provision of law to the contrary, common carriers transporting shipments exempted from prescribed minimum rates under this subsection shall not be required to file and publish schedules showing the rates and charges for such transportation.

(L. 1991 H.B. 262)

CROSS REFERENCE:

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

Temporary permit, issued when.

390.081. 1. In order to provide motor carrier service for which there is an immediate and urgent need from, to or between a point or points or within a territory having no carrier service deemed capable of meeting such need, the division of motor carrier and railroad safety shall, pending the filing of an application for a certificate under section 390.051 or 390.061, without a hearing or other proceeding, grant temporary authority for a period not exceeding ninety days for such service by a common carrier or contract carrier, as the case may be. The issuance of such temporary authority shall create no presumption that corresponding permanent authority will be granted therefor.

2. Such temporary authority shall be granted only upon the payment of such fees and compliance with such rules, regulations and requirements as the division shall, by general order establish for the administration of this section, and transportation service rendered under such authority shall be subject to all applicable provisions of this chapter and to the rules, regulations and requirements of the division established thereunder, that are not in conflict with this section.

(L. 1951 p. 547 § 390.080, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423)

Effective 5-13-88

CROSS REFERENCE:

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

Common carrier may discontinue service, when.

390.101. No common carrier authorized under the provisions of this chapter to operate within the state of Missouri shall abandon, discontinue, or fail to provide any service established or authorized to be established under the provisions of this chapter, unless such action is authorized by the division of motor carrier and railroad safety.

(RSMo 1939 § 5725, A.L. 1951 p. 547 § 390.100, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5268

CROSS REFERENCE:

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

Certificate or permit may be revoked, altered or amended, when.

390.106. The division of motor carrier and railroad safety may at any time, for good cause, suspend, and upon at least ten days' notice to the holder of any certificate or permit, and after hearing, revoke, alter or amend any such certificate or permit upon a finding:

(1) That the motor carrier has abandoned service;

(2) That the motor carrier does not give reasonable service based upon public demand;

(3) That the motor carrier is not financially fit to continue service; or

(4) That the motor carrier has failed to comply with the provisions of this chapter and the requirements, rules and regulations of the division of motor carrier and railroad safety.

However, such motor carrier shall be given a reasonable time, in the discretion of the division, not less, however, than thirty days, to comply with any orders issued by the division pertaining thereto.

(RSMo 1939 § 5725, A.L. 1951 p. 547 § 390.110, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5268

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

Suspension, revocation or amendment of property carrier registration, 622.612

Certificate or permit transferred to purchaser, assignee orconsolidated company, when.

390.111. 1. In the event a motor carrier, to which a certificate or permit shall have been issued under the provisions of this chapter, shall sell, transfer, or assign the business, rights or assets of such motor carrier, or any part thereof, and such motor carrier and the purchaser thereof shall make proper application to the division in writing, containing such information as shall be prescribed by the division by general order with respect to the transfer of certificates or permits, the division shall transfer such original certificate or permit issued to such motor carrier, or the part so sold to such purchaser, if the division shall determine that the purchaser is in all respects qualified under the provisions of this chapter to conduct the business of a motor carrier within the meaning of the provisions of this chapter, and upon the transfer of such certificate or permit it shall be effective in like manner as though originally issued to such purchaser; provided, however, the division shall not be required to transfer from a certificate authorizing the transportation of general commodities or freight, any portion of such certificate authorizing the transportation of a part of such general commodities or freight over the same route or within the same territory, unless the division shall further determine, after hearing upon due notice, that such transfer is consistent with the public interest.

2. When there is a consolidation of one or more certificates as the result of a transfer of operating rights, and when the division shall find that any through service made possible thereby will be beneficial to the public, such through service may be authorized.

(RSMo 1939 §§ 5724, 5727, A.L. 1951 p. 547 § 390.120, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5267

CROSS REFERENCE:

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

Through routes and joint rates established by common carriers ofhousehold goods, when.

390.116. 1. Common carriers of household goods may establish reasonable through routes or interline service and joint rates, charges and classifications with other such carriers or with common carriers by railroad or express; and common carriers of passengers may establish reasonable through routes and joint rates, fares or charges with other such carriers or with common carriers by railroad. In case of such joint rates, fares, charges or classifications, it shall be the duty of the participating carriers to establish just and reasonable regulations and practices in connection therewith, and just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers and shall not result in any rate, fare, charge, classification, regulation, or practice that is unjust or unreasonable to the shipper or receiver of the household goods. Carriers of household goods participating in through routes or interline service shall publish joint tariffs and evidence of concurrence or acceptance thereof, in accordance with section 387.080, or individual tariffs for each participating carrier, which shall set forth the joint or individual rates, fares, charges, classifications, regulations, practices, and division of rates applicable to such through routes or interline service, all in accordance with the applicable provisions in chapter 387.

2. The state highways and transportation commission may, whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint or upon its own motion, order the establishment of just and reasonable through routes and joint rates, fares, charges, regulations or practices, applicable to the transportation of passengers by common carriers.

(L. 1951 p. 547 § 390.130, A.L. 1986 H.B. 1428, A.L. 2012 H.B. 1402 merged with S.B. 470)

CROSS REFERENCE:

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

Rates, fares or charges, changes may be ordered by division ofmotor carrier and railroad safety, when.

390.121. Whenever, after hearing, upon complaint or in an investigation on its own motion, the division shall be of the opinion that any individual or joint rate, fare or charge, demanded, charged or collected by any common carrier by motor vehicle or by any common carrier by motor vehicle in conjunction with any common carrier by railroad or express, for transportation; or any classification, rule, regulation or practice whatsoever of such carrier or carriers affecting such rate, fare or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, unduly preferential or unduly prejudicial, it shall determine and prescribe the lawful rate, fare or charge or maximum or minimum, or maximum and minimum rates, fares or charges thereafter to be observed, or the lawful classifications, rules, regulations or practices thereafter to be made effective.

(L. 1951 p. 547 § 390.140, A.L. 1986 H.B. 1428)

CROSS REFERENCE:

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

Liability insurance required--powers of municipality.

390.126. 1. No motor carrier shall operate any motor vehicle on any public highway in this state until after such carrier shall have filed with, and same has been approved by the division, a certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a liability insurance policy or bond in some reliable insurance company or association or other insurer satisfactory to the division and authorized to transact insurance business in this state, in such forms and upon such conditions as the division may deem necessary adequately to protect the interests of the public in the use of the public highways and with due regard to the number of persons and amount of property transported, which liability insurance shall bind the obligors thereunder to make compensation for injuries to persons and loss of or damage to property resulting from the negligent operation of such motor carrier; provided, that any motor carrier who shall furnish annually to the division, and at such other times as may be required, satisfactory proof and evidence of such carrier's financial ability to properly protect the interests of the public and pay compensation for injuries to persons and loss or damage to property, on account of or arising out of negligent operation of such carrier's business, shall not be required to furnish liability insurance policy or bond therefor.

2. No other or additional policies, bonds or licenses than those prescribed in this chapter shall be required of any motor carrier to which the provisions of this chapter apply by any city, town or other subdivision of the state; provided, that this section shall not be so construed as to interfere with the right of any county, city or other civil subdivision of the state, to levy and collect any property tax to which such motor carrier is liable under the general revenue laws of this state within such county, city or other civil subdivision wherein the property of such motor carrier may be subject to assessment and taxation.

(RSMo 1939 §§ 5724, 5729, A.L. 1951 p. 547 § 390.150, A.L. 1961 p. 416, A.L. 1986 H.B. 1428)

Prior revision: 1929 §§ 5267, 5274

CROSS REFERENCE:

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

Division of motor carrier and railroad safety required to promulgaterules for electronic filing of certificates of insurance by insurancecompanies--confirmation of coverage and acceptance of proof ofnonresident insurance may be provided.

390.128. 1. To assist motor carriers in certifying their motor vehicle financial responsibility as required pursuant to this chapter and chapter 622, the division of motor carrier and railroad safety within the state department of economic development shall provide by rule for the electronic filing by insurance companies of certificates of insurance required by section 390.126. The division may provide by rule for the confirmation of coverage by insurance companies authorized to do business in the state through national clearinghouses or private databases. The division may provide by rule for the acceptance of proof of insurance from insurance companies located outside of the state.

2. 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, 2000, shall be invalid and void.

(L. 2000 H.B. 1797)

CROSS REFERENCE:

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

Motor carriers, regulatory license required--annual, issuedwhen--emergency or temporary license for seventy-twohours--fees--out-of-state agreements, effect--violation, penalty.

390.136. 1. No motor carrier, except as provided in section 390.030, shall operate any motor vehicle unless such vehicle shall be accompanied by an annual or seventy-two-hour regulatory license issued by the state highways and transportation commission; provided that when a motor carrier uses a truck-tractor for pulling trailers or semitrailers, such motor carrier may elect to license either the truck-tractor, trailer or semitrailer. The fee for each such regulatory license shall be ten dollars per year and shall be due and payable as provided in this section. Such license shall be issued in such form and shall be used pursuant to such reasonable rules and regulations as may be prescribed by the commission.

2. Any regulatory license issued to a motor carrier for use in driveaway operations, as defined in this section, shall be issued to such motor carrier without reference to any particular vehicle and may be used interchangeably by the holder thereof on any motor vehicle or combinations thereof moving in driveaway operations under such carrier's property carrier registration, certificate, or permit.

3. In case of emergency, temporary, unusual or a peak demand for transportation, additional vehicles as described in subsection 1 of this section may be operated upon issuance of a seventy-two-hour license for each vehicle so operated. The license fee for each such additional vehicle shall be the sum of five dollars for each seventy-two consecutive hours, or any portion thereof. Such licenses shall be issued, renewed, and staggered in such form and shall be used pursuant to such reasonable rules and regulations as the commission may prescribe. No such additional vehicle which has been licensed pursuant to this subsection shall be operated without being accompanied by such license.

4. The commission shall collect the applicable license fee prior to the issuance of such license or licenses provided for in this section, and shall receive the license fee or fees and immediately deposit the same to the credit of the state highways and transportation department fund except as otherwise provided in section 622.095, or when an agreement has been negotiated with another jurisdiction whereby prepayment is not required. In such cases, section 622.095, if applicable, or the terms of the agreement shall prevail.

5. Any person operating as a motor carrier who violates or fails to comply with any of the provisions of this section shall be adjudged guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars.

6. The regulatory license fee provided in this section may be paid at any state weigh station.

7. The commission shall prescribe, for every regulatory license issued pursuant to this section, an effective date and an expiration date. Notwithstanding any provision of law to the contrary, the commission may stagger the issuance of licenses pursuant to this section to begin at quarterly intervals during any calendar year. Not later than the expiration date of the current license, or as otherwise prescribed, each motor carrier shall pay the regulatory license fee for each vehicle that the carrier will operate during the next yearly period. The commission may issue partial or over one-year licenses during the transition from an annual license, to accommodate motor carriers in adding vehicles to their operations during the year, to coordinate the dates for a single carrier's licensing of multiple licenses, or for such other reasons as approved by the commission.

(RSMo 1939 § 5728, A.L. 1951 p. 547 § 390.170, A.L. 1969 H.B. 378, A.L. 1975 S.B. 312, A.L. 1984 S.B. 622 merged with H.B. 1477, A.L. 1986 H.B. 1473 merged with H.B. 1428, A.L. 1988 S.B. 423, A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280 merged with S.B. 1233, et al.)

Prior revision: 1929 § 5269

CROSS REFERENCE:

Seventy-two-hour permits, fee, 301.267

Duplicate license issued, when--license cancelled when mutilated,procedure.

390.138. 1. In the event of the mutilation or destruction of an annual license issued by the division, the lawful holder thereof may file with the motor carrier and railroad safety division an affidavit showing such fact and shall, on the surrender of that portion of the mutilated, damaged or worn license on which is imprinted the serial number, and the payment of a fee of one dollar, obtain a duplicate or replacement of such license under such rules and regulations as the division may prescribe.

2. Whenever a law enforcement officer observes an annual license issued by the motor carrier and railroad safety division to be in such condition as to hinder or make difficult identification of same, he shall notify the division and instruct the owner to apply for a duplicate or replacement. If the owner has not made application within fifteen days, the division may cancel such license and notify the owner and such cancellation shall remain in force until the application has been filed.

(L. 1955 S.B. 215 §§ 1, 2, A.L. 1986 H.B. 1428)

CROSS REFERENCE:

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

Orders and decision of division of motor carrier and railroad safetyto be written--how served.

390.141. The orders and decisions of the division on the matters covered by the provisions of this chapter shall be reduced to writing and a copy thereof, duly certified, shall be served on the motor carrier affected thereby through the United States mail, and such order and decision shall become operative and effective within thirty days after such service, unless otherwise ordered by the division, and such motor carrier shall carry the provisions of said order into effect unless said order is enjoined or set aside in a court of proper jurisdiction.

(RSMo 1939 § 5732, A.L. 1951 p. 547 § 390.171, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5277

CROSS REFERENCE:

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

Laws relating to motor carrier and railroad safety division of thedepartment of economic development and common carriers to apply.

390.146. The provisions of chapters 386 and 387 that are not inconsistent with the provisions of sections 390.011 to 390.176 are hereby made applicable to motor carriers.

(RSMo 1939 § 5726, A.L. 1951 p. 547 § 390.172)

CROSS REFERENCE:

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

Financial statement for intrastate common or contract carriers ofhousehold goods or passengers filed when, content--form--failure tocomply, penalty deposit in school fund--motor carriers failure tomaintain records, effect.

390.150. 1. Every intrastate common or contract carrier of household goods or passengers shall submit once a year to the division on or before April fifteenth a financial statement for the year ending December thirty-first preceding stating only the assets and liabilities of the carrier.

2. The division shall determine the form of the financial statement and a blank form will be furnished by the agency to each intrastate common or contract carrier of household goods or passengers.

3. The division may also require such corporations or persons to file additional statistical information covering a period and time as determined by the agency; may notify the corporation or person to amend a defective or believed to be erroneous financial statement; or may extend the filing of such statement for a period not exceeding sixty days.

4. Each motor carrier of passengers or property shall keep its books and records as prescribed by the division. These records, as well as records of affiliates, entities under common control or any other related parties, shall be subject to inspection at any time by the division or its authorized representatives.

5. If any intrastate common or contract carrier of household goods or passengers shall fail to make and file the financial statement within the time specified above or within the time extended by the division, or shall fail to provide additional statistical information when required, or if any motor carrier of passengers or property shall fail to maintain adequate records, the division may suspend the certificate, permit or property carrier registration, upon notice to the motor carrier or seek penalties. The penalties recovered shall be deposited to the credit of the public school fund of the state.

(L. 1986 H.B. 1428, A.L. 1996 H.B. 991 merged with S.B. 780)

CROSS REFERENCE:

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

Law not to interfere with police control of use of highways.

390.151. No provision in sections 390.011 to 390.176 shall be so construed as to deprive any county or municipality within this state of the right of police control over the use of its public highways, or the state highways and transportation commission of the right of police control over the use of the state highways.

(L. 1951 p. 547 § 390.174)

Action for penalty or forfeiture, howprosecuted--defenses--disposition of penalties recovered.

390.156. An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the division under this or any other law may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division. In any such action all penalties and forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture; if the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division, the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in this chapter, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding. All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.

(L. 1951 p. 547 § 390.177, A.L. 1986 H.B. 1428)

CROSS REFERENCE:

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

Penalties cumulative.

390.161. All penalties accruing under sections 390.011 to 390.176 shall be cumulative of each other, and the suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any original prosecution against any motor carrier, or any officer, director, agent or employee thereof.

(L. 1951 p. 547 § 390.178)

Violation of law or rule a misdemeanor.

390.171. Every owner, officer, agent or employee of any motor carrier, and every other person, who violates or fails to comply with or who procures, aids or abets in the violation of any provision of this chapter, or who fails to obey, observe or comply with any order, decision, rule or regulation, direction, demand or requirement of the division, or who procures, aids or abets any person in his failure to obey, observe or comply with any such order, decision, rule, direction, demand or regulation thereof is guilty of a misdemeanor.

(RSMo 1939 § 5731, A.L. 1951 p. 547 § 390.175, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5276

CROSS REFERENCE:

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

Fines for violations--what deemed separate offense--how construed.

390.176. 1. Any person operating as a motor carrier who violates or fails to comply with any provision of the Constitution of this state or of this or any other law, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense.

2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any person operating as a motor carrier is a separate and distinct offense, and in case of continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any person operating as a motor carrier acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such person.

(L. 1951 p. 547, A.L. 1986 H.B. 1428)

CROSS REFERENCE:

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

Enforcement of federal regulations, authority to enforce.

390.201. Subject to any exceptions which are applicable under section 307.400, the officers and commercial motor vehicle inspectors of the state highway patrol, the enforcement personnel of the division of motor carrier and railroad safety, and other authorized peace officers of this state and any civil subdivision of this state may enforce any of the provisions of Parts 350 through 399 of Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended, as they apply to motor vehicles and drivers operating in interstate or intrastate commerce within this state; except that the enforcement personnel of the division of motor carrier and railroad safety shall be authorized to enforce those regulations wholly within the terminals of motor carriers and private carriers by motor vehicle.

(L. 1996 H.B. 991 § 12, A.L. 2012 H.B. 1402)

CROSS REFERENCE:

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

Definitions.

390.250. 1. As used in sections 390.250 to 390.350, the following terms mean:

(1) "Division", the division of motor carrier and railroad safety within the department of economic development of this state, which, after June 30, 1997, is known as the division of motor carrier and railroad safety;

(2) "Household goods", personal effects and property used or to be used in a dwelling when part of the equipment or supplies of such dwelling and similar property, if the transportation of such effects or property, is either arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling, or arranged and paid for by another party. The term "household goods" shall not include personal property which when tendered to a motor carrier is crated or otherwise packaged to make it suitable for transportation by motor carriers of general commodities, freight or property;

(3) "Property carrier registration", a document issued by the division pursuant to sections 390.250 to 390.350 which identifies a person as a registered property carrier and qualifies that person to engage in the transportation by motor vehicle of property except household goods for hire or compensation in intrastate commerce on the public highways in this state;

(4) "Registered property carrier", a person who is entitled pursuant to subdivision (3) of this subsection to engage in the transportation by motor vehicle of property, except household goods, for hire or compensation in intrastate commerce on the public highways in this state. This term is included within the term "common carrier" as defined in section 390.020.

2. Notwithstanding any provisions of section 390.020, or chapter 622, to the contrary, the provisions of this section which define words shall also apply to and determine the meaning of all words used in this chapter and chapter 622. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020, and chapter 622, which define words shall also apply to and determine the meaning of words used in sections 390.250 to 390.350.

(L. 1996 H.B. 991 § 1)

CROSS REFERENCE:

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

Scope of division's authority--applicability of certain provisionsto household goods.

390.260. 1. The division shall neither enforce any law nor make or enforce any rule or order relating to the prices, routes or services of registered property carriers or of common carriers or contract carriers of property for hire or compensation by motor vehicle in intrastate commerce on the public highways in this state, except with reference to the transportation of household goods or passengers or as expressly authorized in sections 390.250 to 390.350.

2. Except as preempted by section 601 of the Federal Aviation Administration Authorization Act of 1994, the powers, duties and functions of the division with reference to motor vehicles or common carriers pursuant to the provisions of this chapter and chapters 386, 387 and 622, that are not inconsistent with the provisions of sections 390.250 to 390.350, are hereby made applicable to the division with reference to registered property carriers, including the division's power to enforce only within terminals the rules and regulations promulgated by the director of the department of public safety pursuant to section 307.400 as they apply to motor vehicles.

3. The provisions of sections 390.051, 390.061, 390.062, 390.081, and 390.111 shall not apply to the transportation of property in intrastate commerce, except with reference to household goods as defined in section 390.250.

(L. 1996 H.B. 991 § 2)

CROSS REFERENCE:

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

Property carrier registration required, when.

390.270. Except as otherwise provided in section 390.030, no person shall engage in the business of transporting property, except household goods, by motor vehicle for hire or compensation in intrastate commerce on any public highway in this state, unless there is in force with respect to that person a property carrier registration issued by the division pursuant to the provisions of sections 390.260 to 390.350, which authorizes such transportation.

(L. 1996 H.B. 991 § 3)

CROSS REFERENCE:

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

Certificates issued prior to January 1, 1995, void, when--certificateowners qualified as registered property carriers, when--hazardousmaterials, transportation of, effect of law upon--geographicrestriction void, when.

390.280. 1. Certificates or permits, or both, which were issued before January 1, 1995, and which authorized a person to transport any property in intrastate commerce by motor vehicle as a common carrier or contract carrier, or both, are void, except that to the extent such certificates or permits, or portions thereof, authorized a person to transport household goods over irregular routes or passengers in intrastate commerce, or any property or passengers in interstate commerce, those certificates or permits, or portions thereof, are exempt from the provisions of this subsection.

2. Persons who owned certificates or permits, or both, that were in active status with the division on December 31, 1994, and persons to whom the division issued certificates and permits after December 31, 1994, pursuant to emergency rules adopted by the division, are deemed to be qualified as registered property carriers, unless the person's certificate or permit has been suspended, revoked or transferred to another person as provided by law. A person deemed qualified pursuant to this subsection is not required to file an application pursuant to section 390.290 to continue providing intrastate transportation as a registered property carrier, but rather, upon such person's compliance with the licensing and insurance requirements of the division the person is deemed to have a property carrier registration in force as required pursuant to section 390.270, authorizing the person to transport property except household goods in intrastate commerce on the public highways, unless the person's property carrier registration is suspended, revoked or transferred to another person as provided by law. Within a reasonable time after August 28, 1996, the division shall issue property carrier registrations to all persons who are deemed to be qualified as registered property carriers and deemed to have property carrier registrations in force pursuant to this subsection.

3. Notwithstanding any provision of this section to the contrary, this section shall not be construed as authorizing any person to transport any hazardous material as designated in Title 49, Code of Federal Regulations, except hazardous materials which that person was expressly authorized to transport in intrastate commerce within this state on August 28, 1996. A person may file an application for property carrier registration pursuant to section 390.290 to transport additional hazardous materials. Nothing in this section shall be construed to conflict with chapter 260, or of relieving an applicant of any duty to obtain a license pursuant to chapter 260.

4. Notwithstanding any provision of the law to the contrary, any geographic restriction or provision limiting the carrier's scope of authority to particular routes within this state contained in a certificate or permit, or both, authorizing the transportation of household goods in intrastate commerce, which was issued prior to August 28, 2012, and any similar provision contained in a carrier's tariff schedule filed prior to such date, shall be deemed void. In lieu of the geographic restrictions expressed in such certificates, permits, or tariff schedules, a motor carrier shall be authorized to provide intrastate transportation of household goods between all points and destinations within the state until such time as the certificates, permits, and tariff schedules are reissued or amended to reflect the motor carrier's statewide operating authority. Nothing contained in the provisions of sections 390.051 to 390.116 shall be construed to exempt or to alter the obligation of compliance by carriers transporting passengers point-to-point within the jurisdiction described in 67.1802 from the provisions of sections 67.1800 to 67.1822.

(L. 1996 H.B. 991 § 4, A.L. 2012 H.B. 1402 and S.B. 470, A.L. 2014 H.B. 1245)

CROSS REFERENCE:

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

Application, verified, documents accompanying--determination ofcompliance by administrative law judge--property carrier registrationrestrictions, exceptions.

390.290. 1. Every application for a property carrier registration pursuant to sections 390.250 to 390.350 shall be completed and filed in the form and manner prescribed by rule of the division, shall be verified by the applicant under penalty of perjury and shall not be filed by the division until it has received the following:

(1) A certificate of insurance or surety bond executed by the applicant's insurer or surety, or order of the division approving self-insurance by the applicant, which certifies that the applicant is covered against personal injury and property damage liability, except damage to property transported as cargo by the applicant, resulting from negligent motor vehicle operations by the applicant in this state, which is completed and filed in the prescribed form, manner and amount and is approved by the division in accordance with rules of the division pursuant to section 390.126;

(2) A license fee application showing the number and type of vehicle licenses requested by the applicant for each motor vehicle to be operated in intrastate commerce in this state under the requested property carrier registration during the year for which the application is made, together with payment of the aggregate license fees payable with reference to those motor vehicles, which is completed, filed and paid in the form and manner prescribed by rule of the division pursuant to section 390.136; and

(3) Information required by rule of the division relating to the applicant's compliance and willingness to comply with any laws, rules, regulations or orders relating to registration, licensing, liability insurance or safety, and applicable to the applicant's motor vehicles, drivers or operations by motor vehicle, including any state or federal laws, rules, regulations or orders relating to the transportation of any hazardous material as designated in Title 49, Code of Federal Regulations.

2. One of the division's administrative law judges shall determine on the basis of the information filed by the applicant, evidence submitted by the division staff, and any other information received by the division and filed of record in the case, whether the applicant is in compliance and willing to comply with the laws, rules, regulations and orders relating to registration, licensing, liability insurance, safety and hazardous materials, which are applicable to the applicant's motor vehicles, drivers or operations as a registered property carrier by motor vehicle. If the administrative law judge determines that the applicant is qualified, the application shall be granted and a property carrier registration shall be issued without a hearing. If the administrative law judge determines that the information on record concerning the applicant's qualifications is not adequate to finally determine the application, the division may investigate the applicant's qualifications more thoroughly before the administrative law judge makes a final determination of the application. If the administrative law judge or the division staff opposes the issuance of a property carrier registration, then a hearing shall be held, not more than twenty days after a request for hearing by the applicant, to determine the merits of the application and whether a property carrier registration shall be issued. The administrative law judge shall determine the application not more than forty-five days after the close of the hearing, or else the application shall be approved.

3. The division shall not restrict the property carrier registration with reference to any specific commodities, routes or service, except that the division shall restrict the applicant's property carrier registration against the transportation of household goods, and shall further restrict against any hazardous material as designated in Title 49, Code of Federal Regulations, if the division finds that the applicant has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations.

(L. 1996 H.B. 991 § 5)

CROSS REFERENCE:

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

Transfer of property carrier registration, division approval, transferrequirements--restriction of property carrier registration ontransfer.

390.300. 1. A property carrier registration, including any certificate or permit, or both, which pursuant to section 390.280 is deemed to identify a registered property carrier, may be transferred in its entirety by the registered property carrier to whom it was issued, but only if the transfer is approved by the division as provided in this section. The division shall approve the transfer of the property carrier registration if the following requirements are met:

(1) The transfer application is joined in by both the registered property carrier or its authorized representative and the proposed transferee or its authorized representative;

(2) The transfer application is filed in the form and manner prescribed by rule of the division; and

(3) The division finds that the transferee is in all respects qualified as required of an applicant for a new property carrier registration pursuant to section 390.290.

2. Upon approval of the transfer of a property carrier registration pursuant to subsection 1 of this section, the division shall transfer the property carrier registration in its entirety, except that the division shall restrict the transferee's property carrier registration against the transportation of any hazardous material formerly authorized under the property carrier registration if the division finds that the transferee has not shown it is qualified to safely transport that hazardous material in compliance with all registration, liability insurance and safety requirements applicable to the transportation of that hazardous material pursuant to Title 49, Code of Federal Regulations. The transferee may file a separate application for property carrier registration pursuant to section 390.290 to transport additional hazardous materials.

(L. 1996 H.B. 991 § 6)

CROSS REFERENCE:

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

Suspension of property carrier registration, hearing, notice,revocation, alteration or amendment of registration, when effective.

390.310. Notwithstanding any provisions of section 390.106, to the contrary, the division at any time, for good cause, may suspend a certificate, permit or property carrier registration, and after hearing upon at least ten days' notice to the person to whom the division has issued the certificate, permit or property carrier registration authorizing any intrastate transportation of passengers or property by motor vehicle, may revoke, alter or amend any such certificate, permit or property carrier registration upon a finding that the person has failed to comply with any applicable provisions of sections 390.250 to 390.350, or chapter 386, 387, 389 or 622, or any safety rules, regulations or orders which may be enforced by the division. Revocation of a certificate, permit or property carrier registration shall not become effective less than thirty days after issuance of an order of revocation by the division.

(L. 1996 H.B. 991 § 7)

CROSS REFERENCE:

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

Orders and decisions of division, effect.

390.320. Notwithstanding any provisions of section 516.103 to the contrary, in all collateral actions or proceedings the orders and decisions of the division which have become final shall be conclusive, and shall be admissible as evidence of the facts found and the determinations made by the division in all subsequent actions or proceedings to enforce division orders or decisions, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.

(L. 1996 H.B. 991 § 8)

CROSS REFERENCE:

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

Motor carrier records not open to public inspection,exception--noncompliance penalty.

390.330. Notwithstanding any provisions of section 386.480 to the contrary, no information furnished to the division by a motor carrier, corporation or person, including the division staff, except such matters as are specifically required to be open to public inspection by the provisions of this chapter and chapter 386, 387 or 622 shall be open to public inspection or made public except on order of the division director or by an administrative law judge in the course of a hearing or proceeding. Any officer or employee of the division who, in violation of the provisions of this section, divulges any such information is guilty of a misdemeanor.

(L. 1996 H.B. 991 § 9)

CROSS REFERENCE:

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

Training of division personnel--rulemaking authority.

390.350. 1. Notwithstanding any provisions of section 390.045, to the contrary, the division shall by rule adopt reasonable training requirements for its enforcement personnel to prepare them for their actual duties of employment; this training need not require any basic law enforcement training as required of peace officers as specified in chapter 590.

2. No rule or portion of a rule promulgated pursuant to the authority of sections 390.250 to 390.350 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1996 H.B. 991 § 11)

CROSS REFERENCE:

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

Motor carrier contracts, hold harmless provisions void andunenforceable--definitions.

390.372. 1. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.

2. For the purposes of this section, the following terms shall mean:

(1) "Motor carrier transportation contract", a contract, agreement, or understanding covering:

(a) The transportation of property for compensation or hire by the motor carrier;

(b) The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

(c) A service incidental to activity described in paragraphs (a) and (b) of this subdivision, including but not limited to, storage of property;

"Motor carrier transportation contract" shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, or other intermodal equipment;

(2) "Promisee", the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor or rail carriers who are party to a motor carrier transportation contract, and such motor or rail carrier's agents, employees, servants, or independent contractors directly responsible to such motor or rail carriers.

(L. 2008 S.B. 930 & 947)


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