390.051. Certificate required for common carriers to do business--application, content--hearing--factors considered--issued when.
Certificate required for common carriers to do business--application,content--hearing--factors considered--issued when.
390.051. 1. Except as otherwise provided in section390.030, no person shall engage in the business of a commoncarrier in intrastate commerce on any public highway in thisstate unless there is in force with respect to such carrier acertificate issued by the division authorizing such operations.
2. Application for a certificate shall be made in writingto the division and shall contain such information as thedivision shall, by rule, require and shall include:
(1) Full information concerning the ownership, financialcondition of applicant, equipment to be used and a statementlisting the physical equipment of applicant and the reasonablevalue thereof;
(2) The complete route or routes over which the applicantdesires to operate, or territory to be served;
(3) The proposed rates, schedule or schedules, or timetableof the applicant.
3. Except as provided for in subsection 4 of this section,if the division finds that an applicant seeking to transportgeneral and specialized commodities in truckload lots,agricultural commodities in bulk in dump trucks or passengers incharter service is fit, willing and able to properly perform theservice proposed and to conform to the provisions of this chapterand the requirements, rules and regulations of the divisionestablished thereunder, a certificate therefor shall be issued.
4. If the division finds that an applicant seeking totransport:
(1) General and specialized commodities inless-than-truckload lots;
(2) Commodities in bulk in dump trucks, other thanagricultural commodities in bulk in dump trucks, as defined insection 390.020;
(3) Mobile homes;
(4) Household goods;
(5) Passengers other than in charter service;
(6) Gasoline, fuel oil or liquefied petroleum gas;
(7) Boats;
is fit, willing and able to properly perform the serviceproposed, and to conform to the provisions of this chapter andthe requirement, rules and regulations of the division, and thatthe service proposed will serve a useful present or future publicpurpose, a certificate therefor specifying the service authorizedshall be issued, unless the division finds on the basis ofevidence presented by persons objecting to the issuance of acertificate that the transportation to be authorized by thecertificate will be inconsistent with the public convenience andnecessity.
5. In making findings under subsection 4 of this section,the division shall consider the testimony of the applicant, theproposed users of the service contemplated by the applicant, andany other relevant testimony or evidence, and the division shallconsider, and to the extent applicable, make findings on at leastthe following:
(1) The transportation policy of section 390.011; and
(2) The criteria set forth in this subsection.
In cases where persons object to the issuance of a certificate,the diversion of revenue or traffic from existing carriers shallbe considered.
6. The division shall streamline and simplify to themaximum extent practicable the process for issuance ofcertificates to which the provisions of this section apply.
7. The division shall dismiss on its motion any applicationfor substantially the same common or contract authority that hasbeen previously denied within six months of filing the subsequentapplication.
(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)Prior revision: 1929 § 5267
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, RSMo 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 Service Commission (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 Public Service Commission (A.), 549 S.W.2d 658.