SECOND REGULAR SESSION

HOUSE BILL NO. 1623

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVE KOLLER.

Read 1st time January 19, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

3894L.01I


AN ACT

To repeal sections 304.030, 390.020, 390.041, 390.045, 390.051, 390.061, 390.062, 390.063, 390.066, 390.081, 390.101, 390.106, 390.111, 390.116, 390.121, 390.126, 390.136, 390.146, 390.171, 516.103 and 622.095, RSMo 1994, and sections 307.400, 390.250, 390.270, 390.290, 390.300, 390.310, 622.400, 622.490, 622.600, 622.604, 622.608, 622.610 and 622.612, RSMo Supp. 1999, relating to the division of motor carrier and railroad safety, and to enact in lieu thereof thirty-three new sections relating to the same subject, with penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 304.030, 390.020, 390.041, 390.045, 390.051, 390.061, 390.062, 390.063, 390.066, 390.081, 390.101, 390.106, 390.111, 390.116, 390.121, 390.126, 390.136, 390.146, 390.171, 516.103 and 622.095, RSMo 1994, and sections 307.400, 390.250, 390.270, 390.290, 390.310, 622.400, 622.490, 622.608, and 622.612, RSMo Supp. 1999, are repealed and thirty-three new sections enacted in lieu thereof, to be known as sections 304.030, 307.400, 390.020, 390.041, 390.045, 390.051, 390.061, 390.062, 390.063, 390.066, 390.081, 390.101, 390.111, 390.116, 390.121, 390.126, 390.136, 390.146, 390.171, 390.250, 390.270, 390.290, 390.300, 390.310, 622.017, 622.095, 622.400, 622.490, 622.600, 622.604, 622.608, 622.610, and 622.612, to read as follows:

304.030. Every motor vehicle transporting passengers, for hire, every school bus, and every motor vehicle transporting high explosives, or poisonous or compressed inflammable gases, and every motor vehicle used for the transportation of inflammable or corrosive liquids in bulk, whether loaded or empty, shall, upon approaching any railroad grade crossing, other than a crossing that is specifically exempted from the stopping requirement by order of the division of motor carrier and railroad safety of the department of economic development, be brought to a full stop within fifty feet, but not less than fifteen feet, from the nearest rail of such railroad grade crossing, and shall not proceed until due caution has been taken to ascertain that the course is clear, except that such full stop shall not be required at a streetcar crossing within a business or residence district, nor at a railroad grade crossing [protected by a watchman] at which a warning is provided by a flagman or traffic officer on duty [or by a traffic control signal (not railroad flashing signal) giving positive indication to approaching vehicles to proceed], nor when the division of motor carrier and railroad safety has ordered the placement of an exempt sign or a track out of service sign at the crossing.

307.400. 1. It is unlawful for any person to operate any commercial motor vehicle licensed for more than twelve thousand pounds either singly or in combination with a trailer, as both vehicles are defined in section 301.010, RSMo, unless such vehicles are equipped and operated as required by Parts [390 through 397] 350 to 399, Title 49, Code of Federal Regulations, as such regulations have been and may periodically be amended, whether intrastate transportation or interstate transportation. Members of the Missouri state highway patrol are authorized to enter the cargo area of a commercial motor vehicle or trailer to inspect the contents when reasonable grounds exist to cause belief that the vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations. The director of the department of public safety is hereby authorized to further regulate the safety of commercial motor vehicles and trailers as he deems necessary to govern and control their operation on the public highways of this state by promulgating and publishing rules and regulations consistent with this chapter. Any such rules shall, in addition to any other provisions deemed necessary by the director, require:

(1) Every commercial motor vehicle and trailer and all parts thereof to be maintained in a safe condition at all times;

(2) Accidents arising from or in connection with the operation of commercial motor vehicles and trailers to be reported to the department of public safety in such detail and in such manner as the director may require.



Except for the provisions of subdivisions (1) and (2) of this subsection, the provisions of this section shall not apply to any commercial motor vehicle operated in intrastate commerce and licensed for a gross weight of sixty thousand pounds or less when used exclusively for the transportation of solid waste or forty-two thousand pounds or less when the license plate has been designated for farm use by the letter "F" as authorized by the Revised Statutes of Missouri, unless such vehicle is transporting hazardous materials as defined in Title 49, Code of Federal Regulations.

2. Notwithstanding the provisions of subsection 1 of this section to the contrary, Part 391, Subpart E, Title 49, Code of Federal Regulations, relating to the physical requirements of drivers shall not be applicable to drivers in intrastate commerce, provided such drivers were licensed by this state as chauffeurs to operate commercial motor vehicles on May 13, 1988. Persons who are otherwise qualified and licensed to operate a commercial motor vehicle in this state may operate such vehicle intrastate at the age of eighteen years or older, except that any person transporting hazardous material must be at least twenty-one years of age.

3. Commercial motor vehicles and drivers of such vehicles may be placed out of service if the vehicles are not equipped and operated according to the requirements of this section. Criteria used for placing vehicles and drivers out of service are the North American Uniform Out-of-Service Criteria adopted by the Commercial Vehicle Safety Alliance and the United States Department of Transportation, as such criteria have been and may periodically be amended.

4. Notwithstanding the provisions of subsection 1 of this section to the contrary, Part 395, Title 49, Code of Federal Regulations, relating to the hours of drivers, shall not apply to any vehicle owned or operated by any public utility, rural electric cooperative or other public service organization, or to the driver of such vehicle, while providing restoration of essential utility services during emergencies and operating intrastate. For the purposes of this subsection, the term "essential utility services" means electric, gas, water, telephone and sewer services.

5. Part 395, Title 49, Code of Federal Regulations, relating to the hours of drivers, shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in this state if such transportation:

(1) Is limited to an area within a one hundred air mile radius from the source of the commodities or the distribution point for the farm supplies; and

(2) Is conducted during the planting and harvesting season within this state, as defined by the department of public safety by regulation.

6. The provisions of Part 395.8, Title 49, Code of Federal Regulations, relating to recording of a driver's duty status, shall not apply to drivers engaged in agricultural operations referred to in subsection 5 of this section, if the motor carrier who employs the driver maintains and retains for a period of six months accurate and true records showing:

(1) The total number of hours the driver is on duty each day; and

(2) The time at which the driver reports for, and is released from, duty each day.

7. Violation of any provision of this section or any rule promulgated as authorized therein is a class B misdemeanor.

8. 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, RSMo.

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

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

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

(3) "Charter bus", a motor vehicle designed or used to transport more than five passengers, exclusive of the driver, in charter service whether operated in interstate or intrastate commerce;

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

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

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

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

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

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

[(9)] (10) "Division", the division of motor carrier and railroad safety of the department of economic development;

[(10)] (11) "Driveaway operator", any motor carrier who moves any commercial motor vehicle or assembled automobile singly under its own power or in any other combination of two or more vehicles under the power of one of [said] such vehicles upon any public highway for the purpose of delivery for sale or for delivery either before or after sale;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

390.051. 1. Except as otherwise provided in section 390.030 or 390.270 or section 622.604, RSMo, 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 the applicant, equipment to be used and a statement listing the physical equipment of the 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.] Notwithstanding any other provision of law to the contrary, every application for issuance of a certificate or permit authorizing charter transportation or charter bus transportation of passengers shall conform to the provisions for issuance of a property carrier registration pursuant to section 390.290 and section 622.608, RSMo. Every application to transfer a certificate or permit authorizing charter transportation or charter bus transportation of passengers shall conform to the provisions for transfer of a property carrier registration pursuant to section 390.300 and section 622.610, RSMo. Every such application shall include a statement of the proposed rates and charges for such charter transportation, and a list of the equipment to be used in providing the proposed charter transportation.

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)] (2) 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] pursuant to 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.

390.061. 1. Except as otherwise provided in section 390.030 or 390.270 or section 622.604, RSMo, 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 the applicant, equipment to be used and a statement listing the physical equipment of the 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.] Notwithstanding any other provision of law to the contrary, every application for issuance of a certificate or permit authorizing charter transportation or charter bus transportation of passengers shall conform to the provisions for issuance of a property carrier registration pursuant to section 390.290 and section 622.608, RSMo. Every application to transfer a certificate or permit authorizing charter transportation or charter bus transportation of passengers shall conform to the provisions for transfer of a property carrier registration pursuant to section 390.300 and section 622.610, RSMo. Every such application shall include a statement of the proposed rates and charges for such charter transportation, and a list of the equipment to be used in providing the proposed charter transportation.

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] pursuant to this section shall specify the service to be rendered, the contracting parties, and the points or area to be served.

6. The division [will] does not have jurisdiction over contract rates. A copy of the original contract [must] shall 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] such contracts with the division and acknowledgment by the division.

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

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

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

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

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

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

7. The provisions of this section shall only apply to motor carriers of household goods or passengers.

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

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

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

(3) "Urbanized area", an area so designated by the United States Bureau of Census as provided [under section 12(c)(11) of the Urban Mass Transportation Act of 1964] pursuant to 49 U.S.C. 5302, as amended, and which has a population of more than fifty thousand persons.

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

(1) Elderly;

(2) Handicapped;

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

(4) Transported in areas other than urbanized areas as defined in this section, for which the motor carrier is authorized to be subsidized or reimbursed [under] pursuant to section 18 of the Urban Mass Transportation Act of 1964, as amended, section [1614] 5311 of Title 49, United States Code, with federal funds administered by the Missouri transportation department, except that priority shall be given to serving passengers who are elderly, handicapped or preschool disadvantaged children under the certificate or permit issued [under] pursuant to this section.

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

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

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

6. Notwithstanding any provisions of subsection 3 of section 390.030 to the contrary, it is unlawful for any person to operate any motor vehicle having a capacity of more than five passengers, exclusive of the driver, in intrastate commerce or operate any motor vehicle designed to transport more than fifteen passengers, including the driver, in interstate commerce, unless the vehicle is equipped and operated as required by parts [390] 350 through [397] 399, Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended. Those regulations are hereby made applicable to all passenger-carrying motor vehicles having a capacity of more than five passengers, exclusive of the driver, when operated in intrastate commerce, and to all motor vehicles designed to transport more than fifteen passengers, including the driver, when operated in interstate commerce, and the division shall have power and authority to enforce those regulations wholly within terminals, as they apply to those motor vehicles and drivers.

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

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

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

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

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

3. The provisions of this section shall only apply to motor carriers of household goods or passengers other than in charter service.

390.101. No common carrier authorized under the provisions of this chapter to operate within the state of Missouri shall abandon, discontinue, or fail to provide any service established or authorized to be established under the provisions of this chapter, unless such action is authorized by the division of motor carrier and railroad safety. The provisions of this section shall only apply to motor carriers of household goods or passengers other than in charter service.

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

(1) That the motor carrier has abandoned service;

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

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

(4) That the motor carrier has failed to comply with the provisions of this chapter and the requirements, rules and regulations of the division of motor carrier and railroad safety. However, such motor carrier shall be given a reasonable time, in the discretion of the division, not less, however, than thirty days, to comply with any orders issued by the division pertaining thereto.]

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

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

3. The provisions of this section shall only apply to motor carriers of household goods or passengers other than charter service.

390.116. 1. Common carriers of property may establish reasonable through routes and joint rates, charges and classifications with other such carriers or with common carriers by railroad or express; and common carriers of passengers may establish reasonable through routes and joint rates, fares or charges with other such carriers or with common carriers by railroad. In case of such joint rates, fares, charges or classifications, it shall be the duty of the carriers, parties thereto, to establish just and reasonable regulations and practices in connection therewith, and just, reasonable and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of such participating carriers.

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

3. The provisions of this section shall only apply to common carriers of household goods or passengers.

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

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

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

3. The division shall provide by rule for the electronic filing by insurance companies of certificates of insurance required by this section. The division may provide by rule for the confirmation of coverage by insurance carriers authorized to do business in the state through national clearinghouses or private databases. The division may provide by rule for the acceptance of proof of insurance from insurance carriers located outside of the state.

4. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

390.136. 1. No motor carrier, except as provided in section 390.030, or as provided by cooperative agreements or contracts pursuant to section 622.095, RSMo, shall operate any motor vehicle unless such vehicle shall be accompanied by an annual or seventy-two-hour license issued by the motor carrier and railroad safety division of the department of economic development provided that when a motor carrier uses a truck-tractor for pulling trailers or semitrailers, such motor carrier may elect to license either the truck-tractor, trailer or semitrailer. The fee for each such annual license shall be ten dollars and shall be due and payable on or before the [last] thirty-first day of [February of each calendar year] December immediately preceding the year for which the license is issued. Such annual license shall be issued on or after [October] August first of each year in such form and shall be used pursuant to such reasonable rules and regulations as the division of motor carrier and railroad safety may, by general order or otherwise, prescribe.

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

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

4. The division, upon the issuance of such license or licenses provided for in this section, shall notify the director of revenue, who shall receive the license fee or fees and immediately deposit the same with the state treasurer in the state highway department fund except when an agreement has been negotiated with another jurisdiction whereby prepayment is not required. In such cases, the term of the agreement shall prevail.

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

6. The [provisions of this section shall become effective for the 1989 registration year, and the] regulatory fee as provided in this section may be paid at any state weigh station.

390.146. The provisions of chapters 386 and 387, RSMo, that are not inconsistent with the provisions of [sections 390.011 to 390.176] this chapter are hereby made applicable to motor carriers. The provisions of this section shall only apply to motor carriers of household goods or passengers.

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

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

(1) "Charter bus registration", a document issued by the division pursuant to sections 390.260 to 390.350 or sections 622.600 to 622.620, RSMo, which identifies a person as a registered charter bus and qualifies that person to engage in the charter transportation by a motor vehicle designed or used to transport more than five passengers, exclusive of the driver, of passengers for hire or compensation in intrastate commerce on the public highways in this state;

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

[(2)] (3) "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)] (4) "Property carrier registration", a document issued by the division pursuant to sections 390.250 to 390.350 which identifies a person as a registered property carrier and qualifies that person to engage in the transportation by motor vehicle of property except household goods for hire or compensation in intrastate commerce on the public highways in this state;

[(4)] (5) "Registered charter bus", a person who is entitled pursuant to sections 390.260 to 390.350, or sections 622.600 to 622.620, RSMo, to engage in the charter transportation of passengers by a motor vehicle designed or used to transport more than five passengers, exclusive of the driver, for hire or compensation in intrastate commerce on the public highways in this state;

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

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

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

2. Except as otherwise provided in section 390.030, no person shall engage in the business of transporting persons in charter service in charter buses in intrastate commerce on any public highway in this state, unless there is in force with respect to that person a charter bus registration issued by the division pursuant to the provisions of sections 390.260 to 390.350, which authorizes such transportation.

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

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

(2) A license fee application showing the number and type of vehicle licenses requested by the applicant for each motor vehicle to be operated in intrastate commerce in this state under the requested property carrier registration or charter bus 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 or registered charter bus. If the administrative law judge determines that the applicant is qualified, the application shall be granted and a property carrier registration or charter bus 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 or charter bus 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 or charter bus 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 or charter bus registration with reference to any specific commodities, routes or service, except that the charter bus registration shall not authorize any transportation of passengers not in charter service, and 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.

390.300. 1. A property carrier registration or charter bus registration, including any certificate or permit, or both, which pursuant to section 390.280 is deemed to identify a registered property carrier, may be transferred in its entirety by the registered property carrier or registered charter bus 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 or charter bus registration if the following requirements are met:

(1) The transfer application is joined in by both the registered property carrier or registered charter bus 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 or charter bus registration pursuant to section 390.290.

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

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

[516.103. The time for commencement of any suit provided for in sections 516.380, 516.390 and 516.400, shall not be tolled by the filing or pendency of any administrative complaint or action and no such suit may be brought or maintained unless commenced within the time prescribed by said sections. An administrative order authorizing the commencement of any such suit shall not be considered as evidence of the violations alleged in any such suit.]

622.017. 1. The director of the division and the employees of the division may accept credit cards in payment of any charges or fees as provided by this chapter. The type of credit cards accepted shall be at the discretion of the director.

2. The division may use any excess funds received by the division from a carrier to pay any outstanding obligations owed by such carrier to the division.

622.095. 1. In addition to its other powers, the division of motor carrier and railroad safety may negotiate and enter into:

(1) Fair and equitable cooperative agreements or contracts with other states, the District of Columbia, territories and possessions of the United States, foreign countries, and any of their officials, agents or instrumentalities, to promote cooperative action and mutual assistance between the participating jurisdictions with regard to the uniform administration and registration, through a single base jurisdiction for each registrant, of [interstate commerce commission] the federal operating authority and exempt operations by motor vehicles operated in interstate commerce. Notwithstanding any other provision of law to the contrary, and in accordance with the provisions of such agreements or contracts between participating jurisdictions, the division may:

[(1)] (a) Delegate to other participating jurisdictions the authority and responsibility to collect and pay over to the division statutory registration, administration or license fees; to receive, approve and maintain the required proof of public liability insurance coverage; to receive, process, maintain and transmit registration information and documentation; to issue evidence of proper registration in lieu of interstate permits under section 390.071, RSMo; to issue motor vehicle licenses or identifiers in lieu of annual licenses under section 390.136, RSMo; and to suspend or revoke any approval, registration, license or identifier referred to in this section, as agents on behalf of the division with regard to motor vehicle operations by persons having a base jurisdiction other than this state;

[(2)] (b) Assume the authority and responsibility on behalf of other jurisdictions participating in such agreements or contracts to collect and direct the department of revenue to pay over to the appropriate jurisdictions statutory registration, administration or license fees, and to perform all other activities described in [subdivision (1) of this subsection] paragraph (a) of this subdivision, on its own behalf or as an agent on behalf of other participating jurisdictions, with regard to motor vehicle operations in interstate commerce by persons having this state as their base jurisdiction;

[(3)] (c) Establish or modify dates for the payment of fees and the issuance of annual motor vehicle licenses or identifiers in conformity with such agreements or contracts, notwithstanding any provisions of section 390.136, RSMo, to the contrary; and

[(4)] (d) Modify, cancel or terminate any of the agreements or contracts[.];

(2) Agreements or contracts to participate in the single, federal, on-line registration system as proposed by Congress for interstate motor carriers and private carriers, carry out the requirements of such cooperative agreements or contracts with the United States or its agencies, as well as other states, the District of Columbia, territories and possessions of the United States, foreign countries, and any of their officials, agents or instrumentalities. The director of the division may adopt administrative rules to implement such cooperative arrangements with such other jurisdictions. The division may, by rule or agreement, waive requirements for issuance and display of vehicle licenses, identifiers or other credentials in conformity with such federal system, whether vehicles are engaged in interstate or intrastate transportation within the state.

2. Notwithstanding the provisions of section 390.136, RSMo, statutory registration, administration or license fees collected by the division on behalf of other jurisdictions under such agreements or contracts are hereby designated as "nonstate funds" within the meaning of section 15, article IV, Constitution of Missouri, and shall be immediately transmitted to the department of revenue of the state for deposit to the credit of a special fund which is hereby created and designated as the "Base State Registration Fund". The division shall not less frequently than once each month direct the payment of, and the director of revenue shall pay, the fees so collected to the appropriate other jurisdictions. All income derived from the investment of the base state registration fund by the director of revenue shall be credited to the highway department fund.

3. "Base jurisdiction", as used in this section, means the jurisdiction participating in such agreements or contracts where the registrant has its principal place of business.

4. Every person who has properly registered his [interstate commerce commission] or her federal operating authority or exempt operations with [his] the person's base jurisdiction and maintains such registration in force in accordance with such agreements or contracts is authorized to operate in interstate commerce within this state any motor vehicle which is accompanied by a valid annual license or identifier issued by [his] the person's base jurisdiction in accordance with such agreements or contracts, notwithstanding any provision of section 390.071, 390.126 or 390.136, RSMo, or rules of the division to the contrary.

622.400. 1. 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.

2. Information relating to the safety of motor carriers, private carriers and the vehicles and drivers used by them may be provided to appropriate state and federal regulatory and law enforcement agencies without any order of the division, but shall remain closed to public inspection except as otherwise provided by law. 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 class A 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 class 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].

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

(1) "Charter bus registration", a document issued by the division pursuant to sections 390.260 to 390.350, RSMo, or sections 622.600 to 622.620 which identifies a person as a registered charter bus and qualifies that person to engage in the charter transportation by a motor vehicle designed or used to transport more than five passengers, exclusive of the driver, of passengers for hire or compensation in intrastate commerce on the public highways in this state;

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

[(2)] (3) "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)] (4) "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)] (5) "Registered charter bus", a person who is entitled pursuant to sections 390.260 to 390.350, RSMo, or sections 622.600 to 622.620 to engage in the charter transportation of passengers by a motor vehicle designed or used to transport more than eight passengers, including the driver, for hire or compensation in intrastate commerce on the public highways in this state;

(6) "Registered property carrier", a person who is entitled pursuant to subdivision [(3)] (4) 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, RSMo.

2. Notwithstanding any provisions of section 390.020, RSMo, 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, RSMo, and this chapter. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020, RSMo, and this chapter, which define words shall also apply to and determine the meaning of words used in sections 622.600 to 622.620.

622.604. 1. Except as otherwise provided in section 390.030, RSMo, 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.

2. Except as otherwise provided in section 390.030, RSMo, no person shall engage in the business of transporting persons in charter service in charter buses in intrastate commerce on any public highway in this state, unless there is in force with respect to that person a charter bus registration issued by the division pursuant to the provisions of sections 622.600 to 622.620, which authorizes such transportation.

622.608. 1. Every application for a property carrier registration or charter bus 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, RSMo;

(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 or charter bus 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, RSMo; 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 or registered charter bus. If the administrative law judge determines that the applicant is qualified, the application shall be granted and a property carrier registration or charter bus 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 or charter bus 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 or charter bus 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 or charter bus registration with reference to any specific commodities, routes or service, except that the charter bus registration shall not authorize any transportation of passengers not in charter service, and 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.

622.610. 1. A property carrier registration or charter bus registration, including any certificate or permit, or both, which pursuant to section 622.606 is deemed to identify a registered property carrier or registered charter bus, may be transferred in its entirety by the registered property carrier or registered charter bus 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 or charter bus registration if the following requirements are met:

(1) The transfer application is joined in by both the registered property carrier or registered charter bus 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 or charter bus registration pursuant to section 622.608.

2. Upon approval of the transfer of a property carrier registration or charter bus registration pursuant to subsection 1 of this section, the division shall transfer the property carrier registration or charter bus 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.

622.612. Notwithstanding any provisions of section 390.106, RSMo, to the contrary, the division at any time, for good cause, may suspend a certificate, permit or property carrier registration or charter bus 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 or charter bus 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, RSMo, 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 or charter bus registration shall not become effective less than thirty days after issuance of an order of revocation by the division.



Missouri House of Representatives