Effective 28 Aug 2012

390.051. Certificate required for common carriers of household goods or passengers to do business — application, content — issued when. — 1. Except as otherwise provided in section 390.030, no person shall engage in the business of a common carrier of household goods or passengers in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a certificate issued by the state highways and transportation commission authorizing such operations.

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

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

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

(3) The proposed rates, schedule or schedules, or timetable of the applicant.

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

4. The state highways and transportation commission shall streamline and simplify to the maximum extent practicable the process for issuance of certificates to which the provisions of this section apply. The state highways and transportation commission is authorized to enter into interagency agreements with any entity created and operating under the provisions of sections*67.1800 to 67.1822 to deal with any public safety issues that may arise as a result of the provisions of this section.

5. The state highways and transportation commission shall dismiss on its motion any application for substantially the same common authority that has been previously denied within six months of filing the subsequent application.

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(RSMo 1939 § 5724, A.L. 1951 p. 547 § 390.050, A.L. 1965 p. 591, A.L. 1969 p. 530, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423, A.L. 2012 H.B. 1402 merged with S.B. 470)

Prior revision: 1929 § 5267

*Word "section" appears in original rolls.

CROSS REFERENCE:

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

(1962) Public policy of this state is "one of regulated competition for the benefit of the public and not one of regulated monopoly". State ex rel. Associated Transports, Inc. v. Burton (A.), 356 S.W.2d 115.

(1964) Order of Public Service Commission granting applicant truck line authority to operate over more direct intrastate route between points which it was already authorized to serve by interstate authority by route through Illinois was supported by some substantial and credible evidence. State ex rel. Smock Transportation Co., Inc. v. Burton (A.), 374 S.W.2d 639.

(1964) Holder of general commodity certificate under grandfather clause of bus and truck law had authority to transport petroleum in bulk after filing of approved rates although holder had not transported such products on or before date specified in such statute. State ex rel. Transport Delivery Co. v. Public Serv. Comm'n (A.), 382 S.W.2d 823.

(1967) The transporting intrastate for hire of only one shipment of furniture without a permit from public service commission does not, by itself, constitute the engaging in the business of a common carrier in intrastate commerce. State v. Logan (Mo.), 411 S.W.2d 86.

(1977) Held, that people transported must be formally enrolled and the movement must be expressly approved by the school board or other governing body of the school authorizing the movement. State ex rel. Hering v. State Pub. Serv. Comm'n (A.), 549 S.W.2d 658.