Missouri Revised Statutes

Chapter 622
Motor Carrier and Railroad Safety

redbar


Transfer of all powers and duties of the public service commissionregulating transportation activities to division--railroad expensefund established, purpose--definitions applicable, substitutions forcommission and commissioner.

622.015. The division shall be organized so as to assume all regulatory and supervisory powers, duties and functions heretofore performed by the public service commission relating to transportation activities within the state. All the powers, duties and functions of the public service commission relating to such activities are hereby transferred to this division by type II transfer as set forth in the reorganization act of 1974. Assessments made for the expenses of railroad regulation, as required by law, shall be paid into the "Railroad Expense Fund", a special fund which is hereby established in the state treasury. The fund shall be applicable to appropriation of the general assembly and shall be devoted solely to the payment of expenditures incurred by the division and attributable to the regulation of railroads. Any amount remaining in the special fund at the end of any fiscal year shall not revert to the general revenue fund. All powers, duties and functions of the public service commission relating to common carriers generally, chapter 387, railroad corporations, chapters 388 and 389, motor carriers and express companies, chapter 390, street railroads, chapter 391, and other statutes relevant to transportation activities are transferred to the motor carrier and railroad safety division of the department of economic development and that division is the successor to the public service commission for the purposes of those chapters. Except as otherwise provided herein, the provisions of chapter 386 that relate to the powers and duties of the public service commission and the procedure before the public service commission and the courts are hereby made applicable to the motor carrier and railroad safety division. Definitions contained in those chapters shall continue and shall be applied by the motor carrier and railroad safety division as they have been applied prior to July 1, 1985, until changed by law. Wherever the word "commission" is used, the word "division" shall be substituted therefor. Wherever the word "commissioner" is used, the words "administrative law judge" shall be substituted therefor.

(L. 1985 S.B. 2 § 1 subsec. 2)

Effective 7-1-85

CROSS REFERENCE:

Powers and duties of the public service commission now transferred to the division of motor carrier and railroad safety, 386.320

Rules, procedure.

622.027. The division director with the approval of the department director shall make all rules necessary to perform the duties and responsibilities assigned to the division. The administrative law judges, acting together, shall make all necessary rules required to establish procedures of practice before them. All rules by the division director or the administrative law judges shall be made in accordance with the provisions of this section and chapter 536. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1985 S.B. 2 § 3, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Administrative law judges, powers and duties--hearingprocedure--technical evidence not required--docket fee paid towhom, deposited in highway fund.

622.030. 1. The administrative law judges shall assume all the duties concerning transportation activities heretofore imposed upon the commissioners of the public service commission in their quasi-judicial capacity and function. All ministerial duties shall be performed by the division, and the administrative law judges shall not be responsible for those activities. The administrative law judges shall hear and decide all matters concerning transportation activities which the public service commission or public service commissioners would have been required to hear and decide in a quasi-judicial capacity.

2. Each administrative law judge may exercise all powers granted to the division without the concurrence of any other administrative law judge, except with respect to the rulemaking powers, in which all administrative law judges must concur. The method of assignment of petitions, appeals or other cases may be determined by rule or other agreement between the administrative law judges. Except as provided in section 622.035, all hearings before the administrative law judges shall be governed by rules adopted by them. In all investigations, inquiries or hearings before the division or the administrative law judges, neither the administrative law judges nor the division shall be bound by technical rules of evidence. No formality in any proceeding nor in the manner of taking testimony before the division or an administrative law judge shall invalidate any order, decision, rule or regulation made, approved or confirmed by the division or administrative law judge.

3. The division may charge a reasonable docket fee as may be set by rule to be paid upon the filing of any petition, application, complaint, or other request for relief or authority by any party other than the division staff. All such docket fees shall be paid to the state director of revenue at the time of the filing of any such petition, application, complaint or other request for relief or authority, and the same shall be deposited by the state director of revenue in the highway fund of the state of Missouri.

(L. 1985 S.B. 2 § 4)

Effective 7-1-85

CROSS REFERENCES:

Administrative law judges of division transferred to administrative hearing commission, 226.008

Workers' compensation claims to be reviewed only by administrative law judges, commission or appellate courts, 287.801

Record of formal hearings to be taken by reporter, exception--reviewprocedure based on certified record, contents.

622.035. Except by agreement of all parties, a full and complete record shall be made of all proceedings before an administrative law judge on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the division, and the parties shall be entitled to be heard in person or by attorney. Upon the granting of an application for a writ of review or certiorari to review any order or decision of the division or an administrative law judge, the reviewing court shall direct the applicant to certify a copy of the transcript of such testimony, together with all exhibits or copies thereof introduced and all information secured by the division or an administrative law judge on its own initiative and considered by it in rendering its order or decision, and of the pleadings, record and proceedings in the cause, which shall constitute the record; provided, that on review of an order or decision, the parties to the action may stipulate that a certain question or questions alone and a specified portion only of the evidence shall be certified to the circuit court for its judgment, whereupon such stipulation and the question or questions and the evidence therein specified shall constitute the record on review.

(L. 1985 S.B. 2 § 5)

Effective 7-1-85

Powers and duties of division of motor carrier and railroad safety.

622.090. The jurisdiction, supervision, powers and duties of the motor carrier and railroad safety division herein created and established shall extend under this chapter:

(1) To all railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the same, and to every person, corporation and entity that offers for transportation by railroad within this state hazardous or toxic materials as defined under the laws of this state or of the United States;

(2) To all street railroads within this state, and to all transportation of persons or property thereon, and to the person or corporation owning, leasing, operating or controlling the street railroad;

(3) To the extent authorized in section 389.1005, to the operation of light rail, as defined in section 386.020, located wholly or in part within this state, and to all transportation of persons and their baggage on light rail within this state;

(4) To such portion of the lines of any other railroad, light rail or street railroad as lie within this state, and to the person, corporation or entity owning, leasing, operating or controlling the same, so far as concerns the construction, maintenance, equipment, terminal facilities and local transportation facilities and local transportation of persons or property within this state;

(5) To all motor carriers, railroad corporations, and street railroad corporations operating or doing business within this state;

(6) To all persons, corporations or partnerships engaged in the transportation of property or freight within the state; and

(7) To all corporations and persons whatsoever subject to the provisions of chapters 387, 388, 389, 390, and 391 and this chapter.

(L. 1988 S.B. 676, A.L. 1996 H.B. 876)

CROSS REFERENCE:

Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, 226.008

Definitions.

622.100. As used in this chapter and as used in chapters 387, 388, 389, 390 and 391, when not in conflict with a specific definition in any such chapter, the following words and phrases mean:

(1) "Common carrier" includes every motor carrier, as defined in section 390.020, and all railroad corporations, street railroad corporations, express companies, freight companies, freightline companies, and every corporation, company, association, and partnership, of every kind, and every person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any such agency for public use in the conveyance of persons or property within this state;

(2) "Corporation" includes a corporation, company, association, limited liability company, limited liability partnership and joint stock association or company;

(3) "Division", the division of motor carrier and railroad safety within the department of economic development;

(4) "Division staff", all personnel of the division, except those individuals assigned to the administrative law judge section;

(5) "Express corporation" includes every person, their lessees, trustees or receivers appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier within this state;

(6) "Line" includes route;

(7) "Municipality" includes a city, village or town;

(8) "Person" includes an individual, corporation, governmental entity, and a firm or partnership;

(9) "Railroad" includes every railroad and railway, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad;

(10) "Railroad corporation" includes every person, their lessees, trustees or receivers owning, holding, operating, controlling or managing any railroad or railway or any cars or other equipment used thereon or in connection therewith;

(11) "Rate", every individual or joint rate, fare, toll, charge, reconsigning charge, rental or other compensation of any corporation, person or common carrier or any schedule or tariff thereof;

(12) "Service" includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or carrier and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or carrier in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or carrier, and to the use and accommodation of consumers or patrons;

(13) "Street railroad" includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith; and the term "street railroad" when used in this chapter, shall also include all motor bus and trolley bus lines and routes and similar local transportation facilities, and the rolling stock and other equipment thereof and the appurtenances thereto, when operated as a part of a street railroad or trolley bus local transportation system, or in conjunction therewith or supplementary thereto, but such term shall not include a railroad constituting or used as part of a trunk line railroad system and any street railroad as defined in this section which shall be converted wholly to motor bus operation shall nevertheless continue to be included within the term "street railroad" as used herein;

(14) "Street railroad corporation" includes every person, their lessees, trustees or receivers, owning, holding, operating, controlling or managing any street railroad as herein defined; and any such street railroad, and all of its cars, buses, other equipment, instrumentalities, property and operations, shall be governed by and subject to the provisions of this chapter applicable to street railroads and street railroad corporations and not by the provisions applicable to other types of railroads;

(15) "Transportation of persons" includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and the person's baggage;

(16) "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, storage, and handling of the property transported.

(L. 1996 S.B. 780)

Application of law to foreign and interstate commerce.

622.110. No provisions of this chapter or chapter 387, 388, 389, 390 or 391, except when specifically so stated, shall apply to or be construed to apply to commerce with foreign nations or commerce among the several states of this union, except insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress.

(L. 1996 S.B. 780)

Record disposal, when.

622.115. The director of the division may destroy by burning, or otherwise dispose of such records, financial statements and such public documents which shall at the time of destruction or disposal have been on file in the office of the division for a period of five years or longer and which are determined by the director of the division to be obsolete or of no further public use or value, except such records and documents as may at the time be known by the director of the division to be the subject of litigation or dispute.

(L. 1996 S.B. 780)

Administrative law judges and employees, oath, eligibility for office.

622.120. Each administrative law judge and each person appointed to office or employment by the governor or by the division shall, before entering upon the duties of such person's office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of this state, and to faithfully and honestly discharge the duties of such office. No person shall be eligible to appointment or shall hold the office of administrative law judge, or be appointed by the division, or hold any office or position under the division, who holds any official relation to any common carrier, railroad corporation, street railroad corporation, transportation of freight or property company, carrier, corporation or person subject to any of the provisions of this chapter or chapter 387, 388, 389, 390 or 391, or who owns stocks or bonds therein, or who has any pecuniary interest therein.

(L. 1996 S.B. 780)

Prohibition against solicitation and gifts--penalties for violation,misdemeanor.

622.130. 1. Every administrative law judge and every person employed or appointed to office by the division is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any common carrier or other person subject to the supervision of the division, or to any officer, attorney, agent or employee thereof, the appointment of any person to any office, place, position or employment. Every such person or entity and every officer, attorney, agent and employee thereof, is hereby forbidden and prohibited to offer to any administrative law judge or to any person employed by the division any office, place, appointment or position, or to offer or give to any administrative law judge or to any person employed or appointed to office by the division any free pass or transportation or any reduction in fare to which the public generally is not entitled or free carriage for property or any present, gift, entertainment or gratuity of any kind.

2. If any administrative law judge or any person employed or appointed to office by the division violates any provision of this section, such person shall be removed from the office. Every administrative law judge and every person employed or appointed to office by the division shall be and be deemed to be a public officer.

3. If any common carrier or other person subject to the supervision of the division violates any provision of this section, it shall be liable to the state of Missouri in a civil action in any court of competent jurisdiction for the assessment of a civil penalty not to exceed twenty thousand dollars. The penalty provided in this subsection shall be in addition to any other penalty provided for violation of the provisions of this chapter. The attorney general shall bring the action authorized in this subsection. The action may be brought in any county where the defendant's principal place of business is located or where the violation occurred, or where the registered agent is located. The penalty assessed under the provisions of this subsection shall be paid into the state treasury to the credit of the public school fund.

4. Any officer, agent or employee of the division or of any carrier who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

(L. 1996 S.B. 780)

Division of motor carrier and railroad safety conferences,cooperative agreements and joint investigations and hearings withother agencies, division's receipt and disbursement of grants.

622.140. 1. The division may confer in person, or by correspondence, by attending conventions, or in any other way, with the members of any railroad, transportation, public utility, public service commission, or similar division of other states and the United States of America, or any official, agency or instrumentality thereof, on any matter relating to the performance of its duties.

2. The division may enter into and establish fair and equitable cooperative agreements or contracts with or act as an agent or licensee for the United States of America, or any official, agency or instrumentality thereof, or any railroad, transportation, public utility, public service commission, or similar division of other states, that are proper, expedient, fair and equitable and in the interest of the state of Missouri and the citizens thereof, for the purpose of carrying out its duties under this chapter with reference to railroads or street railroads, as limited and supplemented by section 622.110 and to that end the division may receive and disburse any contributions, grants or other financial assistance as a result of or pursuant to such agreements or contracts. Any contributions, grants or other financial assistance so received shall be deposited in the railroad expense fund established in section 622.015 and appropriated for the purposes for which they are received.

3. The division may make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any railroad, transportation, public utility, public service commission, or similar division, of other states or the United States of America, or any official, agency or any instrumentality thereof, except that in the holding of such investigations or hearings, or in the making of such orders, the division shall function under agreements or contracts between states or under the concurrent power of states to regulate interstate commerce, or as an agent of the United States of America, or any official, agency or instrumentality thereof, or otherwise.

(L. 1996 S.B. 780)

Authority for division of motor carrier and railroad safety to enterinto reciprocal agreements.

622.150. The division may engage in any conferences with officials of any and all other states and the District of Columbia, territories and possessions of the United States and foreign countries for the purpose of promoting, entering into, and establishing fair and equitable reciprocal agreements or arrangements that in the judgment of the division are proper, expedient, fair, and equitable and in the interest of the state of Missouri and the citizens thereof to the end that any motor carrier of passengers or property which operates motor vehicles and trailers into, out of, or through this state as a for-hire motor carrier and which has paid all regulatory fees required by the state, District of Columbia, territory or possession of the United States or foreign country where the motor vehicles and trailers are duly licensed or registered pursuant to an agreement or arrangement entered into by the Missouri highway reciprocity commission, or if no such agreement or arrangement has been entered into, where the owner is a resident, shall not be required to pay fees prescribed in section 390.136; but the provisions of this section shall be operative as to a motor vehicle and trailer duly licensed or registered in a state, District of Columbia, territory or possession of the United States or foreign country pursuant to an agreement or arrangement entered into by the Missouri highway reciprocity commission and if no such agreement or arrangement has been entered into, where the owner is a resident, upon which all regulatory fees have been paid, when operated for hire in Missouri only to the extent that, under the laws of the state, District of Columbia, territory or possession of the United States or foreign country, wherein such motor vehicle and trailer are registered like exemptions are granted motor vehicles and trailers duly licensed or registered in Missouri which may be conducting similar motor carrier operations for hire in such other state, District of Columbia, territory or possession of the United States, or foreign country.

(L. 1996 S.B. 780)

CROSS REFERENCE:

Highway reciprocity commission abolished, duties and functions transferred to highways and transportation commission, 226.008

Arbitration by division.

622.160. Whenever any carrier has a controversy with another carrier or person and all the parties to such controversy agree in writing to submit such controversy to the division as arbitrator, the division shall act as such arbitrator, and after due notice to all parties interested shall proceed to hear such controversy, and their award shall be final. Parties may appear in person or by attorney before such arbitrator.

(L. 1996 S.B. 780)

Delegation of authority.

622.170. The division may authorize any person employed by it to do or perform any act, matter or thing which the division is authorized by this chapter to do or perform, except that no order, rule or regulation of any person employed by the division shall be binding on any carrier or any person unless expressly authorized or approved by the division.

(L. 1996 S.B. 780)

Division's authority to establish system of accounts--access toaccounts.

622.190. 1. The division may, whenever it deems advisable, establish a system of accounts to be used by railroad and street railroad corporations or other common carriers which are subject to its supervision, or may classify the said corporations and other carriers and prescribe a system of accounts for each class, and may prescribe the manner in which such accounts shall be kept. It may also, in its discretion, prescribe the forms of accounts, records and memoranda to be kept by such corporations, including the accounts, records and memoranda of the movement of traffic, as well as the receipts and expenditures of moneys. Notice of alterations by the division in the required method or form of keeping a system of accounts shall be given to such persons or corporations by the division at least six months before the same are to take effect. The system of accounts established by the division and the forms of accounts, records and memoranda prescribed by it as provided above shall conform in the case of railroad corporations as nearly as may be to those from time to time established and prescribed by the Interstate Commerce Commission under the provisions of the act of Congress entitled "An Act to Regulate Commerce", approved February 4, 1887, and the acts amendatory thereof or supplementary thereto.

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

(L. 1996 S.B. 780)

Annual report filed by railroads--form of reports--information inreport--erroneous information--preservation of originalreports--periodic reports--when filed--failure to file.

622.200. 1. Every railroad and street railroad shall file an annual report with the division of motor carrier and railroad safety, verified by the oath of the president, treasurer, general manager or receiver, if any, of such corporation, or by the person required to file the same. The verification shall be made by said official holding office at the time of the filing of the said report, and if not made upon the knowledge of the person verifying the same shall set forth the sources of the person's information and the grounds of such person's belief as to any matters not stated to be verified upon the person's knowledge.

2. The division shall prescribe the form of such reports and the character of the information to be contained therein, and may from time to time make such changes and such conditions in regard to form and contents thereof as it may deem proper, and on or before June thirtieth in each year shall furnish a blank form for such annual reports to every such corporation and person.

3. The division may require such report to contain information in relation to rates or regulations concerning fares or freights, agreements or contracts affecting the same, so far as such rates or regulations pertain to transportation within this state.

4. When the report of any such corporation or person is defective, or believed to be erroneous, the division shall notify the corporation or person to amend the same within a time prescribed by the division.

5. The originals of the reports, subscribed and sworn to as prescribed by law, shall be preserved in the office of the division.

6. The division may also require such corporations and persons to file periodic reports in the form, covering the period and at the time prescribed by the division. The division may require of any such corporation or person specific answers to questions upon which the division may need information.

7. The annual report required to be filed by a common carrier corporation shall be so filed on or before the thirtieth day of September in each year. The division may extend the time for making and filing such report for a period not exceeding sixty days.

8. If such corporation or person shall fail to make and file the annual report within the time above specified or within the time extended by the division, or shall fail to amend such report within such reasonable time as may be prescribed by the division, or shall fail to make specific answer to any question, or shall fail to make the periodic reports when required by the division as herein provided, within the time and in the form prescribed by the division for the making and filing of any such report or answer, such corporation or person shall forfeit to the state the sum of one hundred dollars for each and every day it shall continue to be in default with respect to such annual report, amendment, answer or periodic report. Such forfeiture shall be recovered in an action brought by the division in the name of the state of Missouri. The amount recovered in any action shall be promptly transmitted to the state director of revenue and deposited by the director to the credit of the public school fund of the state.

(L. 1996 S.B. 780)

Orders of the division, written and entered in division'srecords--records made available to division by common carrier.

622.210. 1. Every order, authorization or certificate issued or approved by the division under any provision of this chapter shall be in writing and entered on the records of the division. Any such order, authorization or certificate, or any part thereof, or a copy of the record of any such order, authorization or certificate, certified by an administrative law judge or by the secretary of the division director under the seal of the division to be a true copy of the original order, authorization, certificate or entry, may be recorded in the office of the recorder of any county or city, in which is located the principal office and place of business of any corporation, person or carrier affected thereby, or in which is situated any property of any such corporation, person or carrier, and such record shall impart notice of its provisions to all persons. A certificate under the seal of the division that any such order, authorization or certificate has not been modified, stayed, suspended or revoked may also be recorded in the same offices in the same manner and with the same effect.

2. Every common carrier which engages in intrastate commerce within this state shall make available to the division within this state all accounts, records, memoranda, books and papers carried in pursuance of the requirements of law.

(L. 1996 S.B. 780)

Copies of official documents evidence of originals, when.

622.220. Copies of all official documents and orders filed or deposited according to law in the office of the division, certified by an administrative law judge or by the division director to be true copies of the originals, under the official seal of the division, shall be evidence in like manner as the originals.

(L. 1996 S.B. 780)

Fees and charges, collected when.

622.230. 1. No fees shall be charged or collected for copies of papers, records or official documents furnished to public officers for use in their official capacity, or for the annual reports of the division in the ordinary course of distribution, but the division may fix reasonable charges for publications issued under its authority. All fees charged and collected under this section shall be paid, at least once each month, accompanied by a detailed statement thereof, to the state director of revenue.

2. All fees collected pursuant to this section shall be deposited to the credit of the fund of the division from which the expenses of furnishing the copies listed in this section are paid and shall be used by the division to offset such expenses.

(L. 1996 S.B. 780)

Authority of division to require safety devices andsafeguards--prohibition against red signs adjacent to tracks,when.

622.240. 1. The division may, after a hearing had upon its own motion or upon complaint, by general or special orders, rules or regulations, or otherwise, require every person, corporation, and carrier to maintain and operate its line, plant, system, equipment, apparatus, tracks and premises in such manner as to promote and safeguard the health and safety of its employees, passengers, customers, and the public. The division may prescribe, among other things, the installation, use, maintenance and operation of appropriate safety and other devices or appliances. The division may waive the requirements for notice and hearing and provide for expeditious issuance of an order in any case in which the division determines that the failure to do so would result in the likelihood of imminent threat of serious harm to life or property, except that the division shall include in such an order an opportunity for hearing as soon as practicable after the issuance of such order.

2. No person, partnership, firm or corporation shall set up, install, operate or cause to be operated, upon the person's or its premises, any sign or light commonly known as "red neon" or any other kind of red signs, along, adjacent to or in line of vision of any main line track of a railroad in this state, except the same be shaded or shielded, so as to prevent them from being observed from the line of vision, as viewed from an approaching locomotive cab, or where they may cause confusion to the men in the locomotive cab, thereby endangering the safe and efficient operating of such train or locomotive. The division shall inspect such confusing signs, upon complaint, and determine if such sign or signs are confusing or dangerous, and advise the owner or operator of their findings and prescribe an adequate shield therefor.

(L. 1996 S.B. 780)

Division's authority of general supervision, duty to examine and beinformed--authority to inspect property and facilities--authority toexamine documents.

622.250. 1. The division shall have the general supervision of all common carriers and shall examine the same and keep informed as to the safety, adequacy, and security afforded by their service, and their compliance with all provisions of law, orders and decisions of the division.

2. The division may, through its authorized inspectors or employees, enter in and upon and inspect the property, equipment, tracks and facilities of any common carrier, and may for such inspection purposes ride upon any locomotive or train while in service, and for good cause shown may have upon reasonable notice the use of an inspection locomotive, special locomotive, inspection car or high-rail vehicle for a physical inspection.

3. The division and each administrative law judge may examine all books, contracts, records, documents and papers of any person or corporation subject to its supervision, which are pertinent to the exercise of the division's authority pursuant to this chapter or chapters 387, 388, 389, 390 and 391, upon notice given by any administrative law judge or employee of the division, and the person so notified shall allow access to these records by the administrative law judge and any authorized employee of the division. After the division has given notice, if the person shall fail or refuse to allow access in accordance with this section, the division may by subpoena duces tecum compel production thereof. In lieu of requiring production of originals by subpoena duces tecum, the division or any administrative law judge may require sworn copies of any such books, records, documents, contracts and papers or parts thereof to be filed with it.

(L. 1996 S.B. 780)

Investigation of acts or omissions by division--complaints made todivision, form--division's response to complaint, order.

622.260. 1. The division may, of its own motion, investigate or make inquiry, in a manner to be determined by it, as to any act or thing done or omitted to be done by any common carrier subject to its supervision, and the division shall make such inquiry in regard to any act or thing done or omitted to be done by any such carrier, person or corporation in violation of any provision of law or in violation of any order or decision of the division.

2. Complaints may be made to the division by any person or corporation aggrieved, by petition or complaint, in writing, setting forth anything or act done or omitted to be done by any common carrier in violation, or claimed to be in violation, of any provision of law or of the terms and conditions of its franchise or charter or of any order or decision of the division. Upon the presentation of such a complaint the division shall cause a copy thereof to be forwarded to the carrier, person or corporation complained of, which may be accompanied by an order, directed to such carrier, person or corporation, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the division. If the carrier, person or corporation complained of shall make reparation for any injury alleged and shall cease to commit, or to permit, the violation of law, franchise, order or decision charged in the complaint, and shall notify the division of that fact before the time allowed for answer, the division need take no further action on the charges. If, however, the charges contained in such petition be not thus satisfied, and it shall appear to the division that there are reasonable grounds therefor, it shall investigate such charges in such manner and by such means as it shall deem proper, and take such action within its powers as the facts justify.

3. Whenever the division shall investigate any matter complained of by any person or corporation aggrieved by any act or omission of a common carrier under this section, it shall be its duty, within sixty days after final submission, to make and file an order either dismissing the petition or complaint or directing the carrier, person or corporation complained of to satisfy the cause of complaint in whole or to the extent which the division may specify and require.

(L. 1996 S.B. 780)

Injunctions, when sought--answer to petition, time to answer--joinderof parties--final judgment.

622.290. 1. Whenever the division shall be of the opinion that a carrier, person or corporation is failing or omitting or about to fail or omit to do anything required of it by law or by order or decision of the division, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order or decision of the division, it shall direct the general counsel to the division to commence an action or proceeding in any circuit court of the state of Missouri in the name of the division for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunctions. The division's general counsel shall thereupon begin such action or proceeding by a petition to such court alleging the violation complained of and praying for appropriate relief by way of mandamus or injunction. Such relief shall not be limited to permanent forms of mandamus and injunction, but shall include all available forms of injunction and mandamus, including temporary restraining orders, preliminary injunctions, permanent injunctions, preliminary orders of mandamus, and permanent orders of mandamus.

2. It shall thereupon be the duty of the court to specify the time, not exceeding thirty days after service of a copy of the petition, within which the carrier, person, or corporation complained of, must answer the petition in cases where an answer is contemplated by Missouri Rules of Court. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings, and without respect to any technical requirement.

3. Such other persons or corporations as the court shall deem necessary or proper to join as parties in order to make its order, judgment or writs effective may be joined as parties upon application of the division's general counsel.

4. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a writ of mandamus or an injunction, or both, issue as prayed for in the petition or in such modified or other form as the court may determine will afford appropriate relief.

(L. 1996 S.B. 780)

Divisions estimation of expenses to be incurred during fiscalyear--allocation of estimated expenses--written statement ofassessment sent--state treasurer credit of payments--statement ofrevenues filed with division--application only to railroads.

622.300. 1. The division shall, prior to the beginning of each fiscal year beginning with the fiscal year commencing on July 1, 1997, make an estimate of the expenses to be incurred by it during such fiscal year reasonably attributable to the regulation of railroads, railroad corporations, street railroads and street railroad corporations, as provided in chapters 386, 387, 388, 389, and 391 and this chapter, and shall also separately estimate the amount of these expenses which are:

(1) Directly attributable to the regulation of railroads and railroad corporations;

(2) Directly attributable to the regulation of street railroads and street railroad corporations; and

(3) Not directly attributable to either of these groups.

2. The division shall allocate to each of these groups of entities the estimated expenses directly attributable to the regulation of that group and an amount equal to such proportion of the estimated expenses not directly attributable to either group as the gross intrastate operating revenues of all entities within that group during the preceding calendar year bears to the total gross intrastate operating revenues of all railroads, railroad corporations, street railroads and street railroad corporations during that year. The division shall then assess the amounts allocated, subject to adjustment as herein provided, to the entities within each group, in proportion to their respective gross intrastate operating revenues during the preceding calendar year, except that:

(1) The total amount assessed to all such entities shall not exceed three percent of the total gross intrastate operating revenues of all railroads, railroad corporations, street railroads and street railroad corporations within this state; and

(2) These assessments shall be adjusted in a manner as to provide that:

(a) The assessment for each railroad corporation or street railroad corporation which has less than fifty route miles of track within this state shall be not less than one hundred dollars nor more than five hundred dollars per year;

(b) The assessment for each railroad corporation or street railroad corporation which has not less than fifty route miles nor more than one hundred route miles of track within the state shall be not less than one thousand dollars per year;

(c) The assessment for each railroad corporation or street railroad corporation which has more than one hundred route miles of track within the state shall be not less than five thousand dollars per year.

3. The division shall send a written statement of this assessment to each railroad corporation and street railroad corporation on or before July first, by first class mail with postage prepaid, and the amount assessed to each entity shall be paid by it to the director of revenue in full on or before July fifteenth next following the date of mailing of the statement; except that any railroad corporation or street railroad corporation may pay its assessment in four equal installments not later than the following dates next following the date of mailing of the statement: July fifteenth, October fifteenth, January fifteenth and April fifteenth. The director of revenue shall remit such payments to the state treasurer.

4. The state treasurer shall credit such payments to the railroad expense fund established pursuant to section 622.015, which fund shall be devoted solely to the payment of expenditures actually incurred by the division and attributable to its regulation of railroads, railroad corporations, street railroads and street railroad corporations. Any amount remaining in such special fund at the end of any fiscal year shall not revert to the general revenue fund, but shall be applicable by appropriation of the general assembly to the payment of these expenditures of the division in the succeeding fiscal year and shall be applied by the division to the reduction of the amount to be assessed to such entities in such succeeding fiscal year. A reduction shall be allocated to each of these groups of entities in proportion to the respective gross intrastate operating revenues of the respective groups during the preceding calendar year.

5. In order to enable the division to make the allocations and assessments provided for in this section, each railroad, railroad corporation, street railroad and street railroad corporation which owns or operates any track within this state shall file with the division, within ten days after August 28, 1996, and thereafter on or before March thirty-first of each year, a statement under oath showing its gross intrastate operating revenues for the preceding calendar year, and if any of these entities shall fail to file such statement within the time prescribed in this section, the division shall estimate such revenues, which estimate shall be binding on such entity for the purposes of this section.

6. Nothing in this section shall be construed to apply to motor carriers under chapter 390, and the expenses of the division attributable to the regulation and oversight of motor carriers shall not be included in the expenses of the division for the purposes of this section.

(L. 1996 S.B. 780)

Division documents, public records, when--hearings on pendinglegislation, when.

622.310. 1. All formal proceedings of the division and all documents and records filed in the official records of those proceedings shall be public records.

2. The division shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or matter within the jurisdiction of the division, if requested to do so by the general assembly or by either house thereof or by the governor, and shall report its conclusions to the general assembly, or to the governor if the request was made by the governor. The division may also recommend the enactment of such legislation with respect to any matter within its jurisdiction as it deems wise or necessary in the public interest.

(L. 1996 S.B. 780)

Complaints made by division or other party--joinder ofclaims--dismissal of complaint--service of summons--hearing, timeand place set.

622.320. 1. Complaint may be made by the division of its own motion, or by any corporation or person, chamber of commerce, board of trade, or any civic, commercial, mercantile, traffic, agricultural or manufacturing association or organization, or any body politic or municipal corporation, by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any carrier, corporation or person, including any rule, regulation or charge established or fixed by or for any carrier, corporation or person in violation, or claimed to be in violation, of any provision of law, or of any rule or order or decision of the division.

2. All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties, and in any review by the courts of orders or decisions of the division the same rule shall apply with regard to the joinder of causes and parties as provided in this section.

3. The division shall not be required to dismiss any complaint because of the absence of direct damage to the complainant. Upon the filing of a complaint, the division shall cause a copy thereof to be served upon the carrier, corporation or person which is the subject of the complaint.

4. Service in all hearings, investigations and proceedings pending before the division may be made upon any person upon whom summons may be served in accordance with the provisions of the code of civil procedure of this state, and may be made personally or by mailing in a sealed envelope with postage prepaid, except that the division or any of its employees in their official capacity may serve process and other notices in all cases before the division or in which the division staff is a party.

5. The division shall fix the time when and the place where a hearing will be had upon the complaint and shall serve notice thereof, not less than ten days before the time set for such hearing, unless the division shall find that the public necessity requires that such hearing be held at an earlier date.

(L. 1996 S.B. 780)

Complaints by carriers or other parties.

622.330. Any carrier, corporation or person may complain on any of the grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases, except that the complaint may be served upon any parties designated by the division.

(L. 1996 S.B. 780)

Intervention by a party, when, subpoena of witnesses--report ofdivision's investigation depositions--extension of time forcompliance with order--record of proceedings.

622.340. 1. At the time fixed for any hearing before the division or an administrative law judge, or the time to which the same may have been continued, the complainant and the carrier, corporation or person which is the subject of the complaint, and such carriers, corporations and persons as the division may allow to intervene, shall be entitled to be heard and to introduce evidence. The division shall issue process to enforce the attendance of all necessary witnesses.

2. Whenever an investigation shall be made by the division, it shall be its duty, to make a report in writing in respect thereto, which shall state the conclusions of the division, together with its decision, order or requirement in the premises. The division or any administrative law judge or any party may, in any investigation or hearing before the division, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the circuit courts of this state and to that end may compel the attendance of witnesses and the production of books, waybills, documents, papers, memoranda and accounts. Witnesses whose depositions are taken as provided in this section and the officer taking the same shall severally be entitled to the same fees as are paid for like services in the circuit courts of this state.

3. If an order cannot, in the judgment of the division, be complied with within thirty days, the division may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order, and may, on application and for good cause shown, extend the time for compliance fixed in its order.

4. A full and complete record shall be made of all proceedings before the division or any administrative law judge on any formal hearing had, and all testimony shall be taken down by a reporter appointed by the division, and the parties shall be entitled to be heard in person or by attorney. Preparation of a printed transcript may be waived by unanimous consent of all the parties.

(L. 1996 S.B. 780)

Burden of proof in all proceedings.

622.350. In all trials, actions, suits and proceedings arising under the provisions of this chapter or growing out of the exercise of the authority and powers granted in this chapter to the state highways and transportation commission, the burden of proof shall be upon state highways and transportation commission. The state highways and transportation commission shall show by clear and satisfactory evidence that the determination, requirement, direction or order of the state highways and transportation commission is reasonable or lawful as the case may be.

(L. 1996 S.B. 780, A.L. 2004 S.B. 1233, et al.)

Subpoenas, issuance, process, fees, costs--documents furnished todivision, fee.

622.360. 1. All subpoenas shall be signed and issued by an administrative law judge or by the director of the division, and shall extend to all parts of the state, and may be served by any person authorized to serve process of courts of record or by any person of full age designated for that purpose by the division or by an administrative law judge. The person executing any such process shall receive the fees now prescribed by law for similar services in civil cases in the circuit courts in this state, and shall be paid in the same manner as provided herein for the payment of the fees of the witnesses. Each witness who shall appear before the division or an administrative law judge by order of the division or an administrative law judge shall receive for attendance the fees and mileage now provided for witnesses in civil cases in the circuit courts of this state, which shall be audited and paid by the state in the same manner as other expenses of the division are audited and paid, upon the presentation of proper vouchers sworn to by such witnesses and approved by the division.

2. Whenever a subpoena is issued at the instance of a complainant, respondent, or other party to any proceeding before the division, the cost of service thereof and the fee of the witness shall be borne by the party at whose instance the witness is summoned. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the division may, at the time of service, demand the fee to which the witness is entitled for travel to and from the place at which the witness is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, the witness shall not be required to attend before the division or an administrative law judge, as directed in the subpoena. No witness furnished with free transportation shall receive mileage for the distance such witness may have traveled on such free transportation.

3. It shall be the duty of every public officer, without exacting or receiving charge or fee of any kind, to furnish to the division, upon application, a certified copy of any document or part thereof, on file in the office of such officer, and no public officer shall be entitled to receive from the division or the public counsel any fee for entering, filing, docketing or recording any document required or authorized by law to be filed with the office of such officer.

(L. 1996 S.B. 780)

Production of documents and records, ordered when.

622.370. At the request of the division's general counsel and upon good cause shown by the counsel the division shall require or on its own initiative the division may require, by order served upon any corporation or person in the manner provided for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers or records kept by said corporation or person in any office or place within or without this state, or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the general counsel when the order is issued at the counsel's request or by the division or under its direction.

(L. 1996 S.B. 780)

Failure to obey subpoena, produce documents, be examined or swear todeposition, penalty, misdemeanor.

622.380. If a person subpoenaed to appear before the division or an administrative law judge fails to obey the command of such subpoena, without reasonable cause, or if a person in attendance upon the division or an administrative law judge shall, without a reasonable cause, refuse to be sworn or to be examined, or answer a question, or to produce a book or paper when ordered to do so by the division or an administrative law judge, or to subscribe or swear to the person's deposition after it has been correctly produced in writing, such person shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment, and may be prosecuted therefor in any court of competent jurisdiction; and in case of a continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.

(L. 1996 S.B. 780)

Immunity for certain persons testifying or producing documents,when, exceptions.

622.390. No person shall be excused from testifying or from producing any books or papers in any investigation or inquiry by or upon any hearing before the division or any administrative law judge, when ordered to do so by the division, upon the grounds that the testimony or evidence, books or documents required of the person may tend to incriminate such person or subject such person to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which the person shall have been examined while under oath, and shall under oath have testified or produced documentary evidence, except that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in the person's testimony. Nothing contained in this section is intended to give, or shall be construed as in any manner giving unto any corporation immunity of any kind.

(L. 1996 S.B. 780)

Information not open to public, when, penalty for disclosure,misdemeanor.

622.400. No information furnished to the division or the division staff by a carrier, corporation or person, except such matters as are specifically required to be open to public inspection by the provisions of this chapter, shall be open to public inspection or made public except on order of the division 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 shall be guilty of a misdemeanor.

(L. 1996 S.B. 780)

Service of division's orders--notification of receipt of order--ordereffective, when.

622.410. 1. Every order of the division shall be served upon every person or corporation to be affected thereby, either by personal delivery of a certified copy thereof, or by mailing a certified copy thereof, in a sealed package with postage prepaid, to the person to be affected thereby, or, in the case of a corporation, to any officer or agent thereof upon whom a summons may be served in accordance with the provisions of the code of civil procedure.

2. It shall be the duty of every person and corporation to immediately notify the division, in writing, of the receipt of the certified copy of every order so served, and in the case of a corporation such notification must be signed and acknowledged by a person or officer duly authorized by the corporation to admit such service. Within a time specified in the order of the division every person and corporation upon whom it is served must if so required in the order notify the division in like manner whether the terms of the order are accepted and will be obeyed.

3. Every order or decision of the division shall of its own force take effect and become operative thirty days after the service thereof, except as otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or abrogated by the division, unless such order be unauthorized by this law or any other law or be in violation of a provision of the Constitution of the State or of the United States.

(L. 1996 S.B. 780)

Application for rehearing, when granted--application,contents--compliance with order--modification of order, when.

622.420. 1. After an order or decision has been made by the division, any carrier, corporation or person interested therein may apply for a rehearing in respect to any matter determined therein, and the division shall grant and hold such rehearing, if in its judgment sufficient reason therefor be made to appear. If a rehearing shall be granted the same shall be determined by the division within thirty days after the same shall be finally submitted.

2. No cause or action arising out of any order or decision of the division shall accrue in any court to any carrier, corporation or person unless that party shall have made, before the effective date of such order or decision, application to the division for a rehearing. Such application shall set forth specifically the ground or grounds on which the applicant considers said order or decision to be unlawful, unjust or unreasonable. The applicant shall not in any court urge or rely on any ground not so set forth in its application for rehearing.

3. An application for a rehearing shall not excuse any carrier, corporation or person from complying with or obeying any order or decision or any requirement of an order or decision of the division, or operate in any manner to stay or postpone the enforcement thereof except as the division may by order direct.

4. If, after a rehearing and a consideration of the facts, including those arising since the making of the order or decision, the division shall be of the opinion that the original order or decision or any part thereof is in any respect unjust or unwarranted, or should be changed, the division may abrogate, change or modify the same. An order made after any such rehearing, abrogating, changing or modifying the original order or decision shall have the same force and effect as an original order or decision but shall not affect any right or the enforcement of any right arising from or by virtue of the original order or decision.

(L. 1996 S.B. 780)

Review by circuit court of order, procedure.

622.430. Within thirty days after the application for a rehearing is denied, or, if the application is granted, then within thirty days after the rendition of the decision on rehearing, the applicant may apply to the circuit court of the county where the hearing was held or in which the division has its principal office for a writ of certiorari or review for the purpose of having the reasonableness or lawfulness of the original order or decision or the order or decision on rehearing inquired into or determined. The writ shall be made returnable not later than thirty days after the date of the issuance thereof, and shall direct the applicant to certify the division's record in the case to the court in conformity with any applicable court rules. On the return day the cause shall be heard by the circuit court, unless for a good cause shown the same be continued. No new or additional evidence may be introduced upon the hearing in the circuit court but the cause shall be heard by the court without the intervention of a jury on the evidence and exhibits introduced before the division and certified to by it. The division and each party to the action or proceeding before the division shall have the right to appear in the review proceedings. Upon the hearing the circuit court shall enter judgment either affirming or setting aside the order of the division under review. In case the order is reversed by reason of the division failing to receive testimony properly proffered, the court shall remand the cause to the division, with instructions to receive the testimony so proffered and rejected, and enter a new order based upon the evidence already taken, and such as it is directed to receive. The court may, in its discretion, remand any cause which is reversed by it to the division for further action. No court in this state, except the circuit courts to the extent herein specified and the supreme court or the court of appeals on appeal, shall have jurisdiction to review, reverse, correct or annul any order or decision of the division or to suspend or delay the executing or operation thereof, or to enjoin, restrain or interfere with the division in the performance of its official duties. The circuit courts of this state shall always be deemed open for the trial of suits brought to review the orders and decisions of the division as provided by law and the same shall be tried and determined as suits in equity.

(L. 1996 S.B. 780)

Circuit court's staying or suspending operation of division's order,when, procedure--court's order to pay certain sums into trustduring stay or suspension of division's order--order to keepaccounts--additional security ordered, when--payment of sumsdeposited in trust.

622.440. 1. The pendency of a writ of review shall not of itself stay or suspend the operation of the order or decision of the division, but during the pendency of such writ, the circuit court in its discretion may stay or suspend, in whole or in part, the operation of the division's order or decision. No order so staying or suspending an order or decision of the division shall be made by any circuit court otherwise than on three days' notice and after hearing, and if the order or decision of the division is suspended the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto, that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage. In case the order or decision of the division is stayed or suspended, the order or judgment of the court shall not become effective until a suspending bond shall first have been executed and filed with, and approved by, the circuit court, payable to the state of Missouri, and sufficient in amount and security to secure the prompt payment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the order or decision of the division, and in cases involving rates for the transportation of passengers or household goods by motor vehicle, the prompt payment of all moneys which any person or corporation may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity or service in excess of the charges fixed by the order or decision of the division, in case such order or decision is sustained.

2. The circuit court, in case it stays or suspends the order or decision of the division in any manner affecting rates, fares, tolls, rentals, charges or classifications, shall also by order direct the carrier, corporation or person affected to pay into court, from time to time, there to be impounded until the final decision of the case, or into some bank or trust company paying interest on deposits, under such conditions as the court may prescribe, all sums of money which it may collect from any carrier, corporation or person in excess of the sum such carrier, corporation or person would have been compelled to pay if the order or decision of the division had not been stayed or suspended.

3. In case any circuit court stays or suspends any order or decision of the division lowering any rate, fare, toll, rental, charge or classification, in cases involving rates for the transportation of passengers or household goods by motor vehicle, upon the execution and approval of such suspending bond, shall forthwith require the corporation or person affected, under penalty of the immediate enforcement of the order or decision of the division, pending the review and notwithstanding the suspending order, to keep such accounts, verified by oath, as may, in the judgment of the court, suffice to show the amounts being charged or received by such carrier, corporation or person, pending the review, in excess of the charges allowed by the order or decision of the division, together with the names and addresses of the carriers, corporations and persons to whom overcharges will be refundable in case the charges made by the carrier, corporation or person, pending the review, be not sustained by the circuit court, except that street railroad corporations shall not be required to keep a record of the names and addresses of such persons paying such overcharge of fares, but such street railroad corporations shall give to such persons printed receipts showing such overcharges of fares, the form of such printed receipts to be approved by the division.

4. The court may, from time to time, require a party petitioning for a review to give additional security on, or to increase, the suspending bond, whenever in the opinion of the court the same may be necessary to secure the prompt payment of damages or overcharges.

5. Upon the decision of the circuit court, all moneys which the carrier, corporation or person may have collected pending the appeal, in excess of those authorized by such decision, together with interest, in case the court ordered the deposit of such moneys in a bank or trust company, shall be promptly paid to the carriers, corporations or persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the court, unless an appeal be granted such carrier, corporation or person, as provided in this section.

(L. 1996 S.B. 780)

Appellate review, procedure, record on appeal--docket placement,precedence--suspension of judgment pending hearing onappeal--applicable laws.

622.450. 1. The division and any party who has participated in the division proceeding which produced the order or decision may, after the entry of judgment in the circuit court in any action in review, prosecute an appeal to a court having appellate jurisdiction in this state. Such appeal shall be prosecuted as appeals from judgment of the circuit court in civil cases except as otherwise provided in this chapter. The original transcript of the record and testimony and exhibits, certified to by the division and filed in the circuit court in any action to review an order or decision of the division, together with a transcript of the proceedings in the circuit court, shall constitute the record on appeal to the supreme court or any court of appeals.

2. Where an appeal is taken to the supreme court or the court of appeals, the cause shall, on the return of the papers to the supreme court or court of appeals, be immediately placed on the docket of the then pending term by the clerk of the court and shall be assigned and brought to a hearing in the same manner as other causes on the then pending term docket, but shall have precedence over all civil causes of a different nature pending in the court.

3. The circuit court may in its discretion suspend its judgment pending the hearing in the supreme court or court of appeals on appeal, upon the filing of a bond by the carrier, corporation or person with good and sufficient security conditioned as provided for bonds upon actions for review and by further complying with all terms and conditions of this law for the suspension of any order or decision of the division pending the hearing or review in the circuit court.

4. The general laws relating to appeals to the supreme court and the court of appeals in this state shall, so far as applicable and not in conflict with the provisions of this chapter, apply to appeals taken under the provisions of this chapter.

(L. 1996 S.B. 780)

Effect of final orders of division.

622.460. 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 determination made by the division in all subsequent actions or proceedings to enforce the decision of the division, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.

(L. 1996 S.B. 780)

Falsification or destruction of accounts or records or falsestatements to division, penalty, felony.

622.470. Any person who shall willfully make any false entry in the accounts, books of account, records or memoranda kept by any carrier, corporation or person governed by the provisions of this chapter, or who shall willfully destroy, mutilate, alter or by any other means or device falsify the record of any such account, book of accounts, record or memoranda, or who shall willfully neglect or fail to make full, true and correct entries of such account, book of accounts, record or memoranda of all facts and transactions appertaining to the business of such carriers, corporations or persons, or who shall falsely make any statement required to be made to the division, for which a penalty has not been provided, shall be deemed guilty of a felony, and upon conviction shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars, or by imprisonment for not less than two years nor more than five years, or by both such fine and imprisonment, except that the division may, in its discretion, issue orders specifying such operating, accounting or financial papers, records, books, blanks, tickets, stubs or documents, of carriers which may after a reasonable time be destroyed, and prescribing the length of time such books, papers or documents shall be preserved.

(L. 1996 S.B. 780)

Penalty for violating state law or an order of division--violationsare separate and distinct offenses--carrier's liability for acts ofofficers and agents.

622.480. 1. Any carrier, corporation or person which 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 in a case in which a penalty has not been provided for such carrier, corporation or person, 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 carrier, corporation or person is a separate and distinct offense, and in case of a 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 carrier, corporation or person, acting within the scope of official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such carrier, corporation or person.

(L. 1996 S.B. 780)

Penalty for an officer or agent violating state law or an order ofdivision, misdemeanor.

622.490. Every officer, agent or employee of any carrier, corporation or person who violates or fails to comply with, or who procures, aids or abets any violation by any carrier, corporation or person of any provision of the Constitution of this State or of this or any other law, or who fails to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division, or who procures, aids or abets any carrier, corporation or person in their or its failure to obey, observe and comply with any such order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, in a case in which a penalty has not been provided for such officer, agent or employee, is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.

(L. 1996 S.B. 780)

Penalties are cumulative.

622.500. All penalties accruing under this chapter 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 carrier, corporation or person, or any officer, director, agent or employee thereof.

(L. 1996 S.B. 780)

Actions to recover penalties, forfeiture or to enforce division'spowers, where brought, procedure.

622.510. 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. No filing or docket fee shall be required of the general counsel. 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. 1996 S.B. 780)

Substantial compliance, effect on rules and regulations of division,construction.

622.520. A substantial compliance with the requirements of this chapter shall be sufficient to give effect to all the rules, orders, acts and regulations of the division, and they shall not be declared inoperative, illegal or void for any omission of a technical nature in respect thereto. The provisions of this chapter shall be liberally construed with a view to the public welfare, efficient transportation services and substantial justice between patrons and carriers.

(L. 1996 S.B. 780)

Liability for unlawful acts.

622.530. In case a common carrier shall do, cause to be done or permit to be done any act, matter or thing prohibited, forbidden or declared to be unlawful, or shall omit to do any act, matter or thing required to be done by this chapter or by any order or decision of the division, such common carrier shall be liable to the persons or corporations affected thereby for all loss, damage or injury caused thereby or resulting therefrom, and in case of recovery, if the court shall find that such act or omission was willful, it may in its discretion fix a reasonable counsel or attorney's fee, which fee shall be taxed and collected as part of the costs in the case. An action to recover for such loss, damage or injury may be brought in any court of competent jurisdiction by any such person or corporation.

(L. 1996 S.B. 780)

Exemption from liability of a carrier by contract or regulation.

622.540. That no contract, receipt, rule, notice or regulation shall exempt any railway company, or corporation, express company or corporation or any other company, corporation or common carrier, engaged in the transportation of persons or property, from the liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, notice or regulation been made or entered into.

(L. 1996 S.B. 780)

Enforcement powers of peace officers and division enforcementpersonnel, exceptions.

622.550. Subject to any exceptions which are applicable under section 307.400 or subsection 6 of section 390.063, 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 only within the terminals of motor carriers and private carriers by motor vehicle.

(L. 1996 S.B. 780 § 12)

Skill performance evaluation certificate granted, when--application,procedures--rulemaking authority.

622.555. 1. The division of motor carrier and railroad safety may grant a skill performance evaluation certificate to a person who is not physically qualified to drive under Code of Federal Regulations, Title 49, Section 391.41. A skill performance evaluation certificate granted pursuant to this section shall apply to intrastate transportation only. The skill performance evaluation certificate shall be in the possession of the commercial driver any time he or she is operating a commercial motor vehicle.

2. A person who wishes to obtain a skill performance evaluation certificate under this section shall submit to the division the following information:

(1) The applicant's name, address, and telephone number;

(2) The name, address, and telephone number of an employer co-applicant, if any;

(3) A description of the applicant's experience in driving the type of vehicle to be operated under the skill performance evaluation certificate;

(4) A description of the type of driving to be done under the skill performance evaluation certificate;

(5) A description of any modifications to the vehicle the applicant intends to drive under the skill performance evaluation certificate that are designed to accommodate the applicant's medical condition or disability;

(6) Whether the applicant has previously been granted another skill performance evaluation certificate pursuant to this section;

(7) A copy of the applicant's current commercial driver's license;

(8) A copy of a medical examiner's certificate showing that the applicant is medically unqualified to drive;

(9) A statement from the applicant's treating physician that includes:

(a) The extent to which the physician is familiar with the applicant's medical history;

(b) A description of the applicant's medical condition for which a skill performance evaluation certificate is necessary;

(c) Assurance that the applicant has the ability and willingness to follow any course of treatment prescribed by the physician, including the ability to self-monitor or manage the medical condition; and

(d) The physician's professional opinion that the applicant's condition will not adversely affect the applicant's ability to operate a commercial motor vehicle safely; and

(10) Any other information considered necessary by the division including requiring a physical examination or medical report from a physician who specializes in a particular field of medical practice.

3. The division of motor carrier and railroad safety shall promulgate rules and regulations to provide skill performance evaluation certificates for individuals who have failed to meet the specified federal driver's physical qualifications under 49 CFR 391.41. Any rule or regulation promulgated shall only authorize such individual to operate a commercial motor vehicle within Missouri. The regulations promulgated pursuant to this section may only be implemented if the United States Department of Transportation (USDOT) will not impose any sanctions, including funding sanctions, against the state.

4. As used in this section, the term "skill performance evaluation certificate" means approval granted by the division of motor carrier and railroad safety allowing a driver to drive commercial motor vehicles intrastate even though the driver may not meet the minimum federal fitness standards to drive commercial motor vehicles interstate.

5. 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, 2002, shall be invalid and void.

(L. 2002 H.B. 1270 and H.B. 2032)

Definitions.

622.600. 1. As used in sections 622.600 to 622.620, the following terms mean:

(1) "Division", the division of transportation 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 622.600 to 622.620 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 this chapter, to the contrary, the provisions of this section which define words shall also apply to and determine the meaning of all words used in chapter 390 and this chapter. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020 and this chapter, which define words shall also apply to and determine the meaning of words used in sections 622.600 to 622.620.

(L. 1996 S.B. 780 § 1)

Application of sections 622.600 to 622.620.

622.602. 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 622.600 to 622.620.

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 chapters 386, 387, 390 and this chapter, that are not inconsistent with the provisions of sections 622.600 to 622.620, 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 622.600.

(L. 1996 S.B. 780 § 2)

Registration required, when, exceptions.

622.604. 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 622.600 to 622.620, which authorizes such transportation.

(L. 1996 S.B. 780 § 3)

Certificates or permits issued before 1995,effect--procedure--transport of hazardous materials.

622.606. 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 622.608 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 622.604, 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 622.608 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.

(L. 1996 S.B. 780 § 4)

Applications, form, content--license fee--determination ofsufficiency, notice, hearing--restrictions permitted.

622.608. 1. Every application for a property carrier registration pursuant to sections 622.600 to 622.620 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 S.B. 780 § 5)

Transfer of property carrier registration, permitted,when--restrictions on transport of hazardous material.

622.610. 1. A property carrier registration, including any certificate or permit, or both, which pursuant to section 622.606 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 622.608.

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 622.608 to transport additional hazardous materials.

(L. 1996 S.B. 780 § 6)

Suspension, revocation or amendment of registration--grounds, notice,effective when.

622.612. 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 622.600 to 622.620, or chapter 386, 387 or 389 or this chapter, 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 S.B. 780 § 7)

Orders and decisions of division conclusive and admissible asevidence in collateral proceedings, when.

622.615. 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 S.B. 780 § 8)

Records not open to public--penalty for divulging confidentialinformation.

622.617. 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 chapter 386, 387 or 390 or this chapter, 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 S.B. 780 § 9)

Training requirements for enforcement personnel to be adopted bydivision--rulemaking authority.

622.620. 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 622.600 to 622.620 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

(L. 1996 S.B. 780 § 11)


Top
bottom Missouri General Assembly

Copyright © Missouri Legislature, all rights reserved.