Section 390.061

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 390

Effective - 28 Aug 2012   

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

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

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

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

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

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

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

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

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

*Word "section" appears in original rolls.

CROSS REFERENCE:

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

(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.