Missouri Code of State Regulations › Title 4 - Department of Economic Development › Division 265 - Division of Motor Carrier and Railroad Safety › Chapter 2 - Practice and Procedure › Section 4 CSR 265-2.190 - Merger of Duplicated or Overlapping Motor Carrier Operating Authority

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule interprets and implements the
				  principles of merger with reference to motor carriers who acquire, or whose
				  certificates or permits contain, duplicated or overlapping pieces of operating
				  authority.
(1) Two (2) or
				more separate pieces of motor carrier operating authority possessed or acquired
				by a motor carrier shall be deemed to be merged, and shall no longer be
				effective as separate pieces of authority, whenever the commodities to be
				transported, the routes or territory to be served and the nature of the
				transportation service authorized by one (1) piece of authority are identical
				to, or wholly included within, the scope of the commodities, the routes or
				territory, and the nature of the service authorized by another piece of the
				carrier's authority. Two (2) or more pieces of the carrier's authority on which
				consolidation, through service or tacking has been authorized by the division
				shall be considered as one (1) piece of authority for this purpose. A partial
				duplication or overlapping of each piece of authority is not sufficient to
				cause merger; both pieces must be identical, or the greater piece must wholly
				overlap or include the lesser piece, in order for the separate pieces of
				authority to be merged.
(2) A motor
				carrier shall not transfer away a piece of authority and yet retain another
				piece of authority that was merged with the transferred authority. In these
				cases, the transferor shall forfeit the merged authority to the extent that it
				duplicates, overlaps or is overlapped by the transferred piece of authority,
				except that, if the transferee notifies the division in writing during a
				transfer application proceeding that the duplicated or overlapping authority is
				to be kept by the transfer or, then the transfer or may keep the merged
				authority and none of the duplicated or overlapping authority shall be
				transferred to the transferee. The principles set forth in this rule and the
				procedures set forth in
				4 CSR
				265-2.066(5) shall apply to proposed
				transfers involving the merger of authority.
(3) After notice to the affected carrier and
				an opportunity for hearing, the division may restate a motor carrier's
				certificate or permit so as to delete extra pieces of authority that are deemed
				to be merged and no longer effective as separate pieces of authority. The
				division staff or other interested party may propose a restatement of merged
				authority in transfer proceedings under
				4 CSR
				265-2.066, or by filing an independent application
				with the division.
(4) The merger
				principles stated in this rule are applicable irrespective of whether the
				carrier possesses or acquires the duplicated or overlapping pieces of authority
				by transfer or by grant of new authority, and without regard to any failure or
				omission by the division or its predecessor, the Missouri Public Service
				Commission, to delete the duplicated or overlapping pieces of authority from
				any motor carrier's certificate or permit.
*Original authority: 622.027, RSMo 1985, amended 1993,
					 1995.