Missouri Revised Statutes
Chapter 390 - Motor Carriers and Express Companies
Section 390.156 - Action for penalty or forfeiture, how prosecuted — defenses — disposition of penalties recovered.

Effective - 28 Aug 1986
390.156. Action for penalty or forfeiture, how prosecuted — defenses — disposition of penalties recovered. — An action to recover a penalty or a forfeiture under this chapter or to enforce the powers of the division under this or any other law may be brought in any circuit court in this state in the name of the state of Missouri and shall be commenced and prosecuted to final judgment by the general counsel to the division. In any such action all penalties and forfeitures incurred up to the time of commencing the same may be sued for and recovered therein, and the commencement of an action to recover a penalty or forfeiture shall not be, or be held to be, a waiver of the right to recover any other penalty or forfeiture; if the defendant in such action shall prove that during any portion of the time for which it is sought to recover penalties or forfeitures for a violation of an order or decision of the division, the defendant was actually and in good faith prosecuting a suit to review such order or decision in the manner as provided in this chapter, the court shall remit the penalties or forfeitures incurred during the pendency of such proceeding. All moneys recovered as a penalty or forfeiture shall be paid to the public school fund of the state. Any such action may be compromised or discontinued on application of the division upon such terms as the court shall approve and order.
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(L. 1951 p. 547 § 390.177, A.L. 1986 H.B. 1428)
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

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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.