226.008. Responsibilities and authority of highways and transportation commission--transfer of authority to department of transportation.
Responsibilities and authority of highways and transportationcommission--transfer of authority to department of transportation.
226.008. 1. The highways and transportation commission shall haveresponsibility and authority, as provided in this section and sections104.805, 389.005, 389.610, and 621.040, RSMo, for the administration andenforcement of:
(1) Licensing, supervising and regulating motor carriers for thetransportation of passengers, household goods and other property by motorvehicles within this state;
(2) Licensing motor carriers to transport hazardous waste, used oil,infectious waste and permitting waste tire haulers in intrastate orinterstate commerce, or both, by motor vehicles within this state;
(3) Compliance by motor carriers and motor private carriers withapplicable requirements relating to safety and hazardous materialstransportation, within the terminals of motor carriers and motor privatecarriers of passengers or property;
(4) Compliance by motor carriers and motor private carriers withapplicable requirements relating to safety and hazardous materialstransportation wherever they possess, transport or deliver hazardous waste,used oil, infectious waste or waste tires. This authority is in additionto, and not exclusive of, the authority of the department of naturalresources to ensure compliance with any and all applicable requirementsrelated to the transportation of hazardous waste, used oil, infectiouswaste or waste tires;
(5) Collecting and regulating amounts payable to the state frominterstate motor carriers in accordance with the provisions of theInternational Fuel Tax Agreement in accordance with section 142.617, RSMo,and any successor or similar agreements, including the authority to imposeand collect motor fuel taxes due pursuant to chapter 142, RSMo, and suchagreement;
(6) Registering and regulating interstate commercial motor vehiclesoperated upon the highways of this state, in accordance with the provisionsof the International Registration Plan in accordance with sections 301.271through 301.277, RSMo, and any successor or similar agreements, includingthe authority to issue license plates in accordance with sections 301.130and 301.041, RSMo;
(7) Permitting the transportation of over dimension or overweightmotor vehicles or loads that exceed the maximum weights or dimensionsotherwise allowed upon the public highways within the jurisdiction of thehighways and transportation commission; and
(8) Licensing intrastate housemovers.
2. The highways and transportation commission shall carry out allpowers, duties and functions relating to intrastate and interstatetransportation previously performed by:
(1) The division of motor carrier and railroad safety within thedepartment of economic development, and all officers or employees of thatdivision;
(2) The department of natural resources, and all officers oremployees of that division, relating to the issuance of licenses or permitsto transport hazardous waste, used oil, infectious waste or waste tires bymotor vehicles operating within the state;
(3) The highway reciprocity commission within the department ofrevenue, and all officers or employees of that commission; and the directorof revenue's powers, duties and functions relating to the highwayreciprocity commission, except that the highways and transportationcommission may allow the department of revenue to enforce the provisions ofthe International Fuel Tax Agreement, as required by such agreement; and
(4) The motor carrier services unit within the traffic functionalunit of the department of transportation, relating to the specialpermitting of operations on state highways of motor vehicles or loads thatexceed the maximum length, width, height or weight limits established bylaw or by the highways and transportation commission.
3. All the powers, duties and functions described in subsections 1and 2 of this section, including but not limited to, all powers, duties andfunctions pursuant to chapters 387, 390 and 622, RSMo, including all rulesand orders, are hereby transferred to the department of transportation,which is in the charge of the highways and transportation commission, bytype I transfer, as defined in the Omnibus State Reorganization Act of1974, and the preceding agencies and officers shall no longer beresponsible for those powers, duties and functions.
4. All the powers, duties and functions, including all rules andorders, of the administrative law judges of the division of motor carrierand railroad safety, as amended by the provisions of this section andsections 104.805, 389.005, 389.610, and 621.040, RSMo, are herebytransferred to the administrative hearing commission within the stateoffice of administration.
5. The division of motor carrier and railroad safety and the highwayreciprocity commission are abolished.
6. Personnel previously employed by the division of motor carrier andrailroad safety and the highway reciprocity commission shall be transferredto the department of transportation, but the department of naturalresources shall not be required to transfer any personnel pursuant to thissection. The administrative law judge within the division of motor carrierand railroad safety shall be transferred to the administrative hearingcommission.
7. Credentials issued by the transferring agencies or officialsbefore July 11, 2002, shall remain in force or expire as provided by law.In addition, the highways and transportation commission shall have theauthority to suspend, cancel or revoke such credentials after July 11,2002.
8. Notwithstanding any provision of law to the contrary, on and afterJuly 11, 2002, all surety bonds, cash bonds, certificates of deposit,letters of credit, drafts, checks or other financial instruments payableto:
(1) The highway reciprocity commission or the department of revenuepursuant to section 301.041, RSMo, or pursuant to the International FuelTax Agreement; or
(2) Any other agency or official whose powers, duties or functionsare transferred pursuant to this section,
shall be payable instead to the state highways and transportationcommission.
9. The department of natural resources shall have authority tocollect and establish by rule the amount of the fee paid by applicants fora permit to transport waste tires.
10. The Missouri hazardous waste management commission created insection 260.365, RSMo, shall have the authority to collect and establish byrule the amount of the fee paid by applicants for a license to transporthazardous waste, used oil, or infectious waste pursuant to section 260.395,RSMo.
(L. 2002 S.B. 1202 § 308.010)Effective 7-11-02