Missouri Revised Statutes
Chapter 622 - Motor Carrier and Railroad Safety
Section 622.100 - Definitions.

Effective - 28 Aug 1996
622.100. Definitions. — As used in this chapter and as used in chapters 387, 388, 389, 390 and 391, when not in conflict with a specific definition in any such chapter, the following words and phrases mean:
(1) "Common carrier" includes every motor carrier, as defined in section 390.020, and all railroad corporations, street railroad corporations, express companies, freight companies, freightline companies, and every corporation, company, association, and partnership, of every kind, and every person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, holding, operating, controlling or managing any such agency for public use in the conveyance of persons or property within this state;
(2) "Corporation" includes a corporation, company, association, limited liability company, limited liability partnership and joint stock association or company;
(3) "Division", the division of motor carrier and railroad safety within the department of economic development;
(4) "Division staff", all personnel of the division, except those individuals assigned to the administrative law judge section;
(5) "Express corporation" includes every person, their lessees, trustees or receivers appointed by any court whatsoever, engaged in or transacting the business of transporting any freight, merchandise or other property for compensation on the line of any common carrier within this state;
(6) "Line" includes route;
(7) "Municipality" includes a city, village or town;
(8) "Person" includes an individual, corporation, governmental entity, and a firm or partnership;
(9) "Railroad" includes every railroad and railway, other than street railroad, by whatsoever power operated for public use in the conveyance of persons or property for compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks, stations, real estate and terminal facilities of every kind used, operated, controlled or owned by or in connection with any such railroad;
(10) "Railroad corporation" includes every person, their lessees, trustees or receivers owning, holding, operating, controlling or managing any railroad or railway or any cars or other equipment used thereon or in connection therewith;
(11) "Rate", every individual or joint rate, fare, toll, charge, reconsigning charge, rental or other compensation of any corporation, person or common carrier or any schedule or tariff thereof;
(12) "Service" includes not only the use and accommodations afforded consumers or patrons, but also any product or commodity furnished by any corporation, person or carrier and the plant, equipment, apparatus, appliances, property and facilities employed by any corporation, person or carrier in performing any service or in furnishing any product or commodity and devoted to the public purposes of such corporation, person or carrier, and to the use and accommodation of consumers or patrons;
(13) "Street railroad" includes every railroad by whatsoever type of power operated, and all extensions and branches thereof and supplementary facilities thereto for public use in the conveyance of persons or property for compensation, mainly providing local transportation service upon the streets, highways and public places in a municipality, or in and adjacent to a municipality, and including all cars, buses and other rolling stock, equipment, switches, spurs, tracks, poles, wires, conduits, cables, subways, tunnels, stations, terminals and real estate of every kind used, operated or owned in connection therewith; and the term "street railroad" when used in this chapter, shall also include all motor bus and trolley bus lines and routes and similar local transportation facilities, and the rolling stock and other equipment thereof and the appurtenances thereto, when operated as a part of a street railroad or trolley bus local transportation system, or in conjunction therewith or supplementary thereto, but such term shall not include a railroad constituting or used as part of a trunk line railroad system and any street railroad as defined in this section which shall be converted wholly to motor bus operation shall nevertheless continue to be included within the term "street railroad" as used herein;
(14) "Street railroad corporation" includes every person, their lessees, trustees or receivers, owning, holding, operating, controlling or managing any street railroad as herein defined; and any such street railroad, and all of its cars, buses, other equipment, instrumentalities, property and operations, shall be governed by and subject to the provisions of this chapter applicable to street railroads and street railroad corporations and not by the provisions applicable to other types of railroads;
(15) "Transportation of persons" includes every service in connection with or incidental to the safety, comfort or convenience of the person transported and the receipt, carriage and delivery of such person and the person's baggage;
(16) "Transportation of property" includes any service in connection with the receiving, delivery, elevation, transfer in transit, ventilation, refrigeration, storage, and handling of the property transported.
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(L. 1996 S.B. 780)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 622 - Motor Carrier and Railroad Safety

Section 622.015 - Transfer of all powers and duties of the public service commission regulating transportation activities to division — railroad expense fund established, purpose — definitions applicable, substitutions for commission and commissioner...

Section 622.027 - Rules, procedure.

Section 622.030 - Administrative law judges, powers and duties — hearing procedure — technical evidence not required — docket fee paid to whom, deposited in highway fund.

Section 622.035 - Record of formal hearings to be taken by reporter, exception — review procedure based on certified record, contents.

Section 622.090 - Powers and duties of division of motor carrier and railroad safety.

Section 622.100 - Definitions.

Section 622.110 - Application of law to foreign and interstate commerce.

Section 622.115 - Record disposal, when.

Section 622.120 - Administrative law judges and employees, oath, eligibility for office.

Section 622.130 - Prohibition against solicitation and gifts — penalties for violation, misdemeanor.

Section 622.140 - Division of motor carrier and railroad safety conferences, cooperative agreements and joint investigations and hearings with other agencies, division's receipt and disbursement of grants.

Section 622.150 - Authority for division of motor carrier and railroad safety to enter into reciprocal agreements.

Section 622.160 - Arbitration by division.

Section 622.170 - Delegation of authority.

Section 622.190 - Division's authority to establish system of accounts — access to accounts.

Section 622.200 - Annual report filed by railroads — form of reports — information in report — erroneous information — preservation of original reports — periodic reports — when filed — failure to file.

Section 622.210 - Orders of the division, written and entered in division's records — records made available to division by common carrier.

Section 622.220 - Copies of official documents evidence of originals, when.

Section 622.230 - Fees and charges, collected when.

Section 622.240 - Authority of division to require safety devices and safeguards — prohibition against red signs adjacent to tracks, when.

Section 622.250 - Division's authority of general supervision, duty to examine and be informed — authority to inspect property and facilities — authority to examine documents.

Section 622.260 - Investigation of acts or omissions by division — complaints made to division, form — division's response to complaint, order.

Section 622.290 - Injunctions, when sought — answer to petition, time to answer — joinder of parties — final judgment.

Section 622.300 - Division's estimation of expenses to be incurred during fiscal year — allocation of estimated expenses — written statement of assessment sent — state treasurer credit of payments — statement of revenues filed with division — applica...

Section 622.310 - Division documents, public records, when — hearings on pending legislation, when.

Section 622.320 - Complaints made by division or other party — joinder of claims — dismissal of complaint — service of summons — hearing, time and place set.

Section 622.330 - Complaints by carriers or other parties.

Section 622.340 - Intervention by a party, when, subpoena of witnesses — report of division's investigation depositions — extension of time for compliance with order — record of proceedings.

Section 622.350 - Burden of proof in all proceedings.

Section 622.360 - Subpoenas, issuance, process, fees, costs — documents furnished to division, fee.

Section 622.370 - Production of documents and records, ordered when.

Section 622.380 - Failure to obey subpoena, produce documents, be examined or swear to deposition, penalty, misdemeanor.

Section 622.390 - Immunity for certain persons testifying or producing documents, when, exceptions.

Section 622.400 - Information not open to public, when, penalty for disclosure, misdemeanor.

Section 622.410 - Service of division's orders — notification of receipt of order — order effective, when.

Section 622.420 - Application for rehearing, when granted — application, contents — compliance with order — modification of order, when.

Section 622.430 - Review by circuit court of order, procedure.

Section 622.440 - Circuit court's staying or suspending operation of division's order, when, procedure — court's order to pay certain sums into trust during stay or suspension of division's order — order to keep accounts — additional security ordered...

Section 622.450 - Appellate review, procedure, record on appeal — docket placement, precedence — suspension of judgment pending hearing on appeal — applicable laws.

Section 622.460 - Effect of final orders of division.

Section 622.470 - Falsification or destruction of accounts or records or false statements to division, penalty, felony.

Section 622.480 - Penalty for violating state law or an order of division — violations are separate and distinct offenses — carrier's liability for acts of officers and agents.

Section 622.490 - Penalty for an officer or agent violating state law or an order of division, misdemeanor.

Section 622.500 - Penalties are cumulative.

Section 622.510 - Actions to recover penalties, forfeiture or to enforce division's powers, where brought, procedure.

Section 622.520 - Substantial compliance, effect on rules and regulations of division, construction.

Section 622.530 - Liability for unlawful acts.

Section 622.540 - Exemption from liability of a carrier by contract or regulation.

Section 622.550 - Enforcement powers of peace officers and division enforcement personnel, exceptions.

Section 622.555 - Skill performance evaluation certificate granted, when — application, procedures — rulemaking authority.

Section 622.600 - Definitions.

Section 622.602 - Application of sections 622.600 to 622.620.

Section 622.604 - Registration required, when, exceptions.

Section 622.606 - Certificates or permits issued before 1995, effect — procedure — transport of hazardous materials.

Section 622.608 - Applications, form, content — license fee — determination of sufficiency, notice, hearing — restrictions permitted.

Section 622.610 - Transfer of property carrier registration, permitted, when — restrictions on transport of hazardous material.

Section 622.612 - Suspension, revocation or amendment of registration — grounds, notice, effective when.

Section 622.615 - Orders and decisions of division conclusive and admissible as evidence in collateral proceedings, when.

Section 622.617 - Records not open to public — penalty for divulging confidential information.

Section 622.620 - Training requirements for enforcement personnel to be adopted by division — rulemaking authority.