Missouri Revised Statutes
Chapter 390 - Motor Carriers and Express Companies
Section 390.041 - Powers of the division of motor carrier and railroad safety to regulate common and contract motor carriers.

Effective - 13 May 1988
390.041. Powers of the division of motor carrier and railroad safety to regulate common and contract motor carriers. — 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; to make, fix or approve just and reasonable classifications, rules and regulations pertaining to rates, fares and charges thereof; by general order or otherwise, to establish reasonable requirements with respect to adequate and continuous service, uniform systems of accounts, records and reports, preservation of records; and to supervise and regulate every common or contract carrier 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) To enforce wholly within terminals the rules and regulations promulgated by the director of the department of public safety under section 307.400 as they apply to motor vehicles.
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(RSMo 1939 § 5723, A.L. 1951 p. 547 § 390.040, A.L. 1984 H.B. 1410, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423)
Prior revision: 1929 § 5265
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, 226.008
(1956) Public service commission had jurisdiction over a freight transport company's operation of a pickup and delivery service within a municipality or commercial zone as such operation would be but an extension and a part of the company's continuous over-the-road operations between municipalities or commercial zones. State ex rel. Mo. Pac. Frt. Transport Co. v. Public Serv. Comm'n (Mo.), 295 S.W.2d 128.
(1956) Ruling of public service commission denying application of Missouri Pacific Freight Transport Company to enlarge its authority to carry freight by motor vehicle between points on the lines of the Missouri Pacific Railroad Company to include pickup and delivery service because of failure to prove public convenience and necessity sustained. State ex rel. Mo. Pac. Freight Transport Co. v. Public Serv. Comm'n (Mo.), 295 S.W.2d 128.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXV - Incorporation and Regulation of Certain Utilities and Carriers

Chapter 390 - Motor Carriers and Express Companies

Section 390.011 - Purpose of law — how construed.

Section 390.020 - Definitions.

Section 390.021 - UCR agreement — definitions — commission authority — precedence of agreement — filing of forms and registration fee-enforcement authority — authorized exemptions.

Section 390.030 - Vehicles exempted — discrimination prohibited, when.

Section 390.041 - Powers of the division of motor carrier and railroad safety to regulate common and contract motor carriers.

Section 390.045 - Enforcement personnel of division of motor carrier and railroad safety — powers, training — vehicles to be emergency vehicles — firearms prohibited.

Section 390.051 - Certificate required for common carriers of household goods or passengers to do business — application, content — issued when.

Section 390.054 - Movers of household goods in intrastate commerce, proof of workers' compensation insurance coverage required.

Section 390.061 - Contract carriers of household goods or passengers to have permit — application, contents — issuance — contract rates — interagency agreements.

Section 390.062 - Procedure for obtaining certificates, permits and rate relief — motion to intervene, when, content — ruling final, when — time extension.

Section 390.063 - Certificate required for motor carriers transporting elderly, handicapped and children in head start for rural areas, application, content — rates not to be regulated by division — license not required, when.

Section 390.066 - Application for employment, information of previous employment required — employer not to allow driver to drive on suspended, revoked or cancelled license, penalty — division of motor carrier and railroad safety to perform audit, pu...

Section 390.081 - Temporary permit, issued when.

Section 390.101 - Common carrier may discontinue service, when.

Section 390.106 - Certificate or permit may be revoked, altered or amended, when.

Section 390.111 - Certificate or permit transferred to purchaser, assignee or consolidated company, when.

Section 390.116 - Through routes and joint rates established by common carriers of household goods, when.

Section 390.121 - Rates, fares or charges, changes may be ordered by division of motor carrier and railroad safety, when.

Section 390.126 - Liability insurance required — powers of municipality.

Section 390.128 - Division of motor carrier and railroad safety required to promulgate rules for electronic filing of certificates of insurance by insurance companies — confirmation of coverage and acceptance of proof of nonresident insurance may be...

Section 390.136 - Motor carriers, regulatory license required — annual, issued when — emergency or temporary license for seventy-two hours — fees — out-of-state agreements, effect — violation, penalty.

Section 390.138 - Duplicate license issued, when — license cancelled when mutilated, procedure.

Section 390.141 - Orders and decision of division of motor carrier and railroad safety to be written — how served.

Section 390.146 - Laws relating to motor carrier and railroad safety division of the department of economic development and common carriers to apply.

Section 390.150 - Financial statement for intrastate common or contract carriers of household goods or passengers filed when, content — form — failure to comply, penalty deposit in school fund — motor carriers failure to maintain records, effect.

Section 390.151 - Law not to interfere with police control of use of highways.

Section 390.156 - Action for penalty or forfeiture, how prosecuted — defenses — disposition of penalties recovered.

Section 390.161 - Penalties cumulative.

Section 390.171 - Violation of law or rule a misdemeanor.

Section 390.176 - Fines for violations — what deemed separate offense — how construed.

Section 390.201 - Enforcement of federal regulations, authority to enforce.

Section 390.250 - Definitions.

Section 390.260 - Scope of division's authority — applicability of certain provisions to household goods.

Section 390.270 - Property carrier registration required, when.

Section 390.280 - Certificates issued prior to January 1, 1995, void, when — certificate owners qualified as registered property carriers, when — hazardous materials, transportation of, effect of law upon — geographic restriction void, when.

Section 390.290 - Application, verified, documents accompanying — determination of compliance by administrative law judge — property carrier registration restrictions, exceptions.

Section 390.300 - Transfer of property carrier registration, division approval, transfer requirements — restriction of property carrier registration on transfer.

Section 390.310 - Suspension of property carrier registration, hearing, notice, revocation, alteration or amendment of registration, when effective.

Section 390.320 - Orders and decisions of division, effect.

Section 390.330 - Motor carrier records not open to public inspection, exception — noncompliance penalty.

Section 390.350 - Training of division personnel — rulemaking authority.

Section 390.372 - Motor carrier contracts, hold harmless provisions void and unenforceable — definitions.