390.051. 1. Except as otherwise provided in section 390.030, no person shall engage in the business of a common carrier in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a certificate issued by the division authorizing such operations.
2. Application for a certificate shall be made in writing to the division and shall contain such information as the division shall, by rule, require and shall include:
(1) Full information concerning the ownership, financial condition of applicant, equipment to be used and a statement listing the physical equipment of applicant and the reasonable value thereof;
(2) The complete route or routes over which the applicant desires to operate, or territory to be served;
(3) The proposed rates, schedule or schedules, or timetable of the applicant.
3. Except as provided for in subsection 4 of this section, if the division finds that an applicant seeking to transport general and specialized commodities in truckload lots, agricultural commodities in bulk in dump trucks or passengers in charter service is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the division established thereunder, a certificate therefor shall be issued.
4. If the division finds that an applicant seeking to transport:
(1) General and specialized commodities in less-than-truckload lots;
(2) Commodities in bulk in dump trucks, other than agricultural commodities in bulk in dump trucks, as defined in section 390.020;
(3) Mobile homes;
(4) Household goods;
(5) Passengers other than in charter service;
(6) Gasoline, fuel oil or liquefied petroleum gas;
(7) Boats;
is fit, willing and able to properly perform the service proposed, and to conform to the provisions of this chapter and the requirement, rules and regulations of the division, and that the service proposed will serve a useful present or future public purpose, a certificate therefor specifying the service authorized shall be issued, unless the division finds on the basis of evidence presented by persons objecting to the issuance of a certificate that the transportation to be authorized by the certificate will be inconsistent with the public convenience and necessity.
5. In making findings under subsection 4 of this section, the division shall consider the testimony of the applicant, the proposed users of the service contemplated by the applicant, and any other relevant testimony or evidence, and the division shall consider, and to the extent applicable, make findings on at least the following:
(1) The transportation policy of section 390.011; and
(2) The criteria set forth in this subsection.
In cases where persons object to the issuance of a certificate, the diversion of revenue or traffic from existing carriers shall be considered.
6. The division shall streamline and simplify to the maximum extent practicable the process for issuance of certificates to which the provisions of this section apply.
7. The division shall dismiss on its motion any application for substantially the same common or contract authority that has been previously denied within six months of filing the subsequent application.
(RSMo 1939 § 5724, A.L. 1951 p. 547 § 390.050, A.L. 1965 p. 591, A.L. 1969 p. 530, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423)Prior revision: 1929 § 5267
Effective 5-13-88
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008
(1962) Public policy of this state is "one of regulated competition for the benefit of the public and not one of regulated monopoly". State ex rel. Associated Transports, Inc. v. Burton (A.), 356 S.W.2d 115.
(1964) Order of Public Service Commission granting applicant truck line authority to operate over more direct intrastate route between points which it was already authorized to serve by interstate authority by route through Illinois was supported by some substantial and credible evidence. State ex rel. Smock Transportation Co., Inc. v. Burton (A.), 374 S.W.2d 639.
(1964) Holder of general commodity certificate under grandfather clause of bus and truck law had authority to transport petroleum in bulk after filing of approved rates although holder had not transported such products on or before date specified in such statute. State ex rel. Transport Delivery Co. v. Public Service Commission (A.), 382 S.W.2d 823.
(1967) The transporting intrastate for hire of only one shipment of furniture without a permit from public service commission does not, by itself, constitute the engaging in the business of a common carrier in intrastate commerce. State v. Logan (Mo.), 411 S.W.2d 86.
(1977) Held, that people transported must be formally enrolled and the movement must be expressly approved by the school board or other governing body of the school authorizing the movement. State ex rel. Hering v. State Public Service Commission (A.), 549 S.W.2d 658.
Missouri General Assembly