reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.081 - Temporary permit, issued when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 13 May 1988, see footnote
390.081. Temporary permit, issued when. —
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 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.
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(L. 1951 p. 547 § 390.080, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.101 - Common carrier may discontinue service, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.101. Common carrier may discontinue service, when. —
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.
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(RSMo 1939 § 5725, A.L. 1951 p. 547 § 390.100, A.L. 1986 H.B. 1428)
Prior revision: 1929 § 5268
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.106 - Certificate or permit may be revoked, altered or amended, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.106. Certificate or permit may be revoked, altered or amended, when. —
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.
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(RSMo 1939 § 5725, A.L. 1951 p. 547 § 390.110, A.L. 1986 H.B. 1428)
Prior revision: 1929 § 5268
CROSS REFERENCES:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008
Suspension, revocation or amendment of property carrier registration, 622.612
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.111 - Certificate or permit transferred to purchaser, assignee or consolidated company, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.111. Certificate or permit transferred to purchaser, assignee or consolidated company, when. —
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.
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(RSMo 1939 §§ 5724, 5727, A.L. 1951 p. 547 § 390.120, A.L. 1986 H.B. 1428)
Prior revision: 1929 § 5267
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.116 - Through routes and joint rates established by common carriers of household goods, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 2012
390.116. Through routes and joint rates established by common carriers of household goods, when. —
1. Common carriers of household goods may establish reasonable through routes or interline service 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 participating carriers 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 and shall not result in any rate, fare, charge, classification, regulation, or practice that is unjust or unreasonable to the shipper or receiver of the household goods. Carriers of household goods participating in through routes or interline service shall publish joint tariffs and evidence of concurrence or acceptance thereof, in accordance with section 387.080, or individual tariffs for each participating carrier, which shall set forth the joint or individual rates, fares, charges, classifications, regulations, practices, and division of rates applicable to such through routes or interline service, all in accordance with the applicable provisions in chapter 387.
2. The state highways and transportation commission 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 by common carriers.
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(L. 1951 p. 547 § 390.130, A.L. 1986 H.B. 1428, A.L. 2012 H.B. 1402 merged with S.B. 470)
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
(1975) Power to establish through routes is in the carriers; the power of the commission is limited solely to the matter of joint rates. State ex rel. Philipp Transit Lines Inc. v. Public Service Commission (A.), 523 S.W.2d 353.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.121 - Rates, fares or charges, changes may be ordered by division of motor carrier and railroad safety, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.121. Rates, fares or charges, changes may be ordered by division of motor carrier and railroad safety, when. —
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.
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(L. 1951 p. 547 § 390.140, 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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.126 - Liability insurance required — powers of municipality.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.126. Liability insurance required — powers of municipality. —
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.
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(RSMo 1939 §§ 5724, 5729, A.L. 1951 p. 547 § 390.150, A.L. 1961 p. 416, A.L. 1986 H.B. 1428)
Prior revision: 1929 §§ 5267, 5274
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › 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 provided.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 2000
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 provided. —
1. To assist motor carriers in certifying their motor vehicle financial responsibility as required pursuant to this chapter and chapter 622, the division of motor carrier and railroad safety within the state department of economic development shall provide by rule for the electronic filing by insurance companies of certificates of insurance required by section 390.126. The division may provide by rule for the confirmation of coverage by insurance companies 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 companies located outside of the state.
2. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.
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(L. 2000 H.B. 1797)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.138 - Duplicate license issued, when — license cancelled when mutilated, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.138. Duplicate license issued, when — license cancelled when mutilated, procedure. —
1. In the event of the mutilation or destruction of an annual license issued by the division, the lawful holder thereof may file with the motor carrier and railroad safety division an affidavit showing such fact and shall, on the surrender of that portion of the mutilated, damaged or worn license on which is imprinted the serial number, and the payment of a fee of one dollar, obtain a duplicate or replacement of such license under such rules and regulations as the division may prescribe.
2. Whenever a law enforcement officer observes an annual license issued by the motor carrier and railroad safety division to be in such condition as to hinder or make difficult identification of same, he shall notify the division and instruct the owner to apply for a duplicate or replacement. If the owner has not made application within fifteen days, the division may cancel such license and notify the owner and such cancellation shall remain in force until the application has been filed.
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(L. 1955 S.B. 215 §§ 1, 2, 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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.141 - Orders and decision of division of motor carrier and railroad safety to be written — how served.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.141. Orders and decision of division of motor carrier and railroad safety to be written — how served. —
The orders and decisions of the division on the matters covered by the provisions of this chapter shall be reduced to writing and a copy thereof, duly certified, shall be served on the motor carrier affected thereby through the United States mail, and such order and decision shall become operative and effective within thirty days after such service, unless otherwise ordered by the division, and such motor carrier shall carry the provisions of said order into effect unless said order is enjoined or set aside in a court of proper jurisdiction.
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(RSMo 1939 § 5732, A.L. 1951 p. 547 § 390.171, A.L. 1986 H.B. 1428)
Prior revision: 1929 § 5277
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.146 - Laws relating to motor carrier and railroad safety division of the department of economic development and common carriers to apply.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1951
390.146. Laws relating to motor carrier and railroad safety division of the department of economic development and common carriers to apply. —
The provisions of chapters 386 and 387 that are not inconsistent with the provisions of sections 390.011 to 390.176 are hereby made applicable to motor carriers.
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(RSMo 1939 § 5726, A.L. 1951 p. 547 § 390.172)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › 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.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996, 2 histories
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. —
1. Every intrastate common or contract carrier of household goods or passengers shall submit once a year to the division on or before April fifteenth a financial statement for the year ending December thirty-first preceding stating only the assets and liabilities of the carrier.
2. The division shall determine the form of the financial statement and a blank form will be furnished by the agency to each intrastate common or contract carrier of household goods or passengers.
3. The division may also require such corporations or persons to file additional statistical information covering a period and time as determined by the agency; may notify the corporation or person to amend a defective or believed to be erroneous financial statement; or may extend the filing of such statement for a period not exceeding sixty days.
4. Each motor carrier of passengers or property shall keep its books and records as prescribed by the division. These records, as well as records of affiliates, entities under common control or any other related parties, shall be subject to inspection at any time by the division or its authorized representatives.
5. If any intrastate common or contract carrier of household goods or passengers shall fail to make and file the financial statement within the time specified above or within the time extended by the division, or shall fail to provide additional statistical information when required, or if any motor carrier of passengers or property shall fail to maintain adequate records, the division may suspend the certificate, permit or property carrier registration, upon notice to the motor carrier or seek penalties. The penalties recovered shall be deposited to the credit of the public school fund of the state.
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(L. 1986 H.B. 1428, A.L. 1996 H.B. 991 merged with S.B. 780)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.151 - Law not to interfere with police control of use of highways.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1951
390.151. Law not to interfere with police control of use of highways. —
No provision in sections 390.011 to 390.176 shall be so construed as to deprive any county or municipality within this state of the right of police control over the use of its public highways, or the state highways and transportation commission of the right of police control over the use of the state highways.
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(L. 1951 p. 547 § 390.174)
(1964) The venue of actions to recover penalties or forfeitures, when instituted by summons, is determined by the provisions of section 501.010, RSMo. State v. Thompson (A.), 379 S.W.2d 824.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.156 - Action for penalty or forfeiture, how prosecuted — defenses — disposition of penalties recovered.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• 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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.161 - Penalties cumulative.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1951
390.161. Penalties cumulative. —
All penalties accruing under sections 390.011 to 390.176 shall be cumulative of each other, and the suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any original prosecution against any motor carrier, or any officer, director, agent or employee thereof.
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(L. 1951 p. 547 § 390.178)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.171 - Violation of law or rule a misdemeanor.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.171. Violation of law or rule a misdemeanor. —
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 misdemeanor.
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(RSMo 1939 § 5731, A.L. 1951 p. 547 § 390.175, A.L. 1986 H.B. 1428)
Prior revision: 1929 § 5276
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
(1959) Information charging that defendant drove motor vehicle as a licensed motor carrier upon highway at a speed of more than fifty miles per hour contrary to rule 44 of the Public Service Commission held sufficient. State v. Graham (A.), 322 S.W.2d 188.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.176 - Fines for violations — what deemed separate offense — how construed.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1986
390.176. Fines for violations — what deemed separate offense — how construed. —
1. Any person operating as a motor carrier who violates or fails to comply with any provision of the Constitution of this state or of this or any other law, or which fails, omits or neglects to obey, observe or comply with any order, decision, decree, rule, direction, demand or requirement, or any part or provision thereof, of the division is subject to a penalty of not less than one hundred dollars nor more than two thousand dollars for each offense.
2. Every violation of the provisions of this or any other law or of any order, decision, decree, rule, direction, demand or requirement of the division, or any part or portion thereof, by any person operating as a motor carrier is a separate and distinct offense, and in case of continuing violation each day's continuance thereof shall be and be deemed to be a separate and distinct offense.
3. In construing and enforcing the provisions of this chapter relating to penalties, the act, omission or failure of any officer, agent or employee of any person operating as a motor carrier acting within the scope of his official duties of employment, shall in every case be and be deemed to be the act, omission or failure of such person.
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(L. 1951 p. 547, 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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.201 - Enforcement of federal regulations, authority to enforce.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 2012
390.201. Enforcement of federal regulations, authority to enforce. —
Subject to any exceptions which are applicable under section 307.400, the officers and commercial motor vehicle inspectors of the state highway patrol, the enforcement personnel of the division of motor carrier and railroad safety, and other authorized peace officers of this state and any civil subdivision of this state may enforce any of the provisions of Parts 350 through 399 of Title 49, Code of Federal Regulations, as those regulations have been and may periodically be amended, as they apply to motor vehicles and drivers operating in interstate or intrastate commerce within this state; except that the enforcement personnel of the division of motor carrier and railroad safety shall be authorized to enforce those regulations wholly within the terminals of motor carriers and private carriers by motor vehicle.
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(L. 1996 H.B. 991 § 12, A.L. 2012 H.B. 1402)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.250 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.250. Definitions. —
1. As used in sections 390.250 to 390.350, the following terms mean:
(1)
"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)
"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)
"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)
"Registered property carrier"
, a person who is entitled pursuant to subdivision (3) 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, 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. Except as otherwise provided in this section, or when the context clearly requires otherwise, the provisions of section 390.020, and chapter 622, which define words shall also apply to and determine the meaning of words used in sections 390.250 to 390.350.
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(L. 1996 H.B. 991 § 1)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.260 - Scope of division's authority — applicability of certain provisions to household goods.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.260. Scope of division's authority — applicability of certain provisions to household goods. —
1. The division shall neither enforce any law nor make or enforce any rule or order relating to the prices, routes or services of registered property carriers or of common carriers or contract carriers of property for hire or compensation by motor vehicle in intrastate commerce on the public highways in this state, except with reference to the transportation of household goods or passengers or as expressly authorized in sections 390.250 to 390.350.
2. Except as preempted by section 601 of the Federal Aviation Administration Authorization Act of 1994, the powers, duties and functions of the division with reference to motor vehicles or common carriers pursuant to the provisions of this chapter and chapters 386, 387 and 622, that are not inconsistent with the provisions of sections 390.250 to 390.350, are hereby made applicable to the division with reference to registered property carriers, including the division's power to enforce only within terminals the rules and regulations promulgated by the director of the department of public safety pursuant to section 307.400 as they apply to motor vehicles.
3. The provisions of sections 390.051, 390.061, 390.062, 390.081, and 390.111 shall not apply to the transportation of property in intrastate commerce, except with reference to household goods as defined in section 390.250.
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(L. 1996 H.B. 991 § 2)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.270 - Property carrier registration required, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.270. Property carrier registration required, when. —
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.
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(L. 1996 H.B. 991 § 3)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.300 - Transfer of property carrier registration, division approval, transfer requirements — restriction of property carrier registration on transfer.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.300. Transfer of property carrier registration, division approval, transfer requirements — restriction of property carrier registration on transfer. —
1. A property carrier 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 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 if the following requirements are met:
(1) The transfer application is joined in by both the registered property carrier 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 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.
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(L. 1996 H.B. 991 § 6)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.310 - Suspension of property carrier registration, hearing, notice, revocation, alteration or amendment of registration, when effective.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.310. Suspension of property carrier registration, hearing, notice, revocation, alteration or amendment of registration, when effective. —
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, 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 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, or any safety rules, regulations or orders which may be enforced by the division. Revocation of a certificate, permit or property carrier registration shall not become effective less than thirty days after issuance of an order of revocation by the division.
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(L. 1996 H.B. 991 § 7)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.320 - Orders and decisions of division, effect.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.320. Orders and decisions of division, effect. —
Notwithstanding any provisions of section 516.103 to the contrary, in all collateral actions or proceedings the orders and decisions of the division which have become final shall be conclusive, and shall be admissible as evidence of the facts found and the determinations made by the division in all subsequent actions or proceedings to enforce division orders or decisions, whether by penalty, forfeiture, mandamus, injunctive relief or otherwise.
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(L. 1996 H.B. 991 § 8)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.330 - Motor carrier records not open to public inspection, exception — noncompliance penalty.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.330. Motor carrier records not open to public inspection, exception — noncompliance penalty. —
Notwithstanding any provisions of section 386.480 to the contrary, no information furnished to the division by a motor carrier, corporation or person, including the division staff, except such matters as are specifically required to be open to public inspection by the provisions of this chapter and chapter 386, 387 or 622 shall be open to public inspection or made public except on order of the division director or by an administrative law judge in the course of a hearing or proceeding. Any officer or employee of the division who, in violation of the provisions of this section, divulges any such information is guilty of a misdemeanor.
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(L. 1996 H.B. 991 § 9)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.350 - Training of division personnel — rulemaking authority.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
• Effective - 28 Aug 1996
390.350. Training of division personnel — rulemaking authority. —
1. Notwithstanding any provisions of section 390.045, to the contrary, the division shall by rule adopt reasonable training requirements for its enforcement personnel to prepare them for their actual duties of employment; this training need not require any basic law enforcement training as required of peace officers as specified in chapter 590.
2. No rule or portion of a rule promulgated pursuant to the authority of sections 390.250 to 390.350 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1996 H.B. 991 § 11)
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
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 390 - Motor Carriers and Express Companies › Section 390.372 - Motor carrier contracts, hold harmless provisions void and unenforceable — definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390
Effective - 28 Aug 2008
390.372. Motor carrier contracts, hold harmless provisions void and unenforceable — definitions. —
1. Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.
2. For the purposes of this section, the following terms shall mean:
(1)
"Motor carrier transportation contract"
, a contract, agreement, or understanding covering:
(a) The transportation of property for compensation or hire by the motor carrier;
(b) The entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or
(c) A service incidental to activity described in paragraphs (a) and (b) of this subdivision, including but not limited to, storage of property;
­­"Motor carrier transportation contract" shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis, or other intermodal equipment;
(2)
"Promisee"
, the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor or rail carriers who are party to a motor carrier transportation contract, and such motor or rail carrier's agents, employees, servants, or independent contractors directly responsible to such motor or rail carriers.
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(L. 2008 S.B. 930 & 947)