390.061. 1. Except as otherwise provided in section 390.030, no person shall engage in the business of a contract carrier in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a permit issued by the division of motor carrier and railroad safety authorizing such operations.
2. Applications for such permits shall be made to the division in writing 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. If the division shall find that the applicant is seeking to transport general and specialized commodities in truckload lots, agricultural commodities in bulk, or passengers in charter service, and is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the division thereunder, a permit therefor shall be issued.
4. If the division finds that an applicant seeking to transport commodities or passengers as described in subsection 4 of section 390.051 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, and that the service proposed will serve a useful present or future purpose, a permit 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 permit that the transportation to be authorized by the permit will be inconsistent with the public convenience and necessity.
5. Any permit issued under this section shall specify the service to be rendered, the contracting parties, and the points or area to be served.
6. The division will not have jurisdiction over contract rates. A copy of the original contract must be filed with the division prior to issuance of a permit. In the event the applicant chooses not to disclose contract rates in the application, the contract shall contain in lieu of rates a specific provision which incorporates by reference a schedule of rates, in writing, to be effective between carrier and shipper. Current contracts and rate schedules must be maintained by the carrier and contracting shippers. A contract permit, authorizing the transportation of commodities or passengers other than as described in subsection 4 of section 390.051, may be amended to include additional contracting parties by the filing of said contracts with the division and acknowledgment by the division.
(RSMo 1939 § 5727, A.L. 1951 p. 547 § 390.060, A.L. 1965 p. 591, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423)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
(1953) Where evidence showed that motor carrier had authority to render service between Kansas City and Marshall and also between St. Louis and Marshall and a reduced through rate from Kansas City to St. Louis would result in lower charges to shippers, the granting of authority to render through service at lower through rates by the commission was authorized. State ex rel. Middlewest Freightways v. P.S.C. (A.), 261 S.W.2d 252; State ex rel. Brooks Truck Line v. P.S.C. (A.), 261 S.W.2d 254.
Missouri General Assembly