390.061. Contract carriers to have permit--application, contents--hearing, issuance--contract rates.
Contract carriers to have permit--application, contents--hearing,issuance--contract rates.
390.061. 1. Except as otherwise provided in section390.030, no person shall engage in the business of a contractcarrier in intrastate commerce on any public highway in thisstate unless there is in force with respect to such carrier apermit issued by the division of motor carrier and railroad safetyauthorizing such operations.
2. Applications for such permits shall be made to thedivision in writing 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. If the division shall find that the applicant is seekingto transport general and specialized commodities in truckloadlots, agricultural commodities in bulk, or passengers in charterservice, and 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 divisionthereunder, a permit therefor shall be issued.
4. If the division finds that an applicant seeking totransport commodities or passengers as described in subsection 4of section 390.051 is fit, willing and able to properly performthe service proposed, and to conform to the provisions of thischapter and the requirements, rules and regulations of thedivision, and that the service proposed will serve a usefulpresent or future purpose, a permit therefor specifying theservice authorized shall be issued, unless the division finds onthe basis of evidence presented by persons objecting to theissuance of a permit that the transportation to be authorized bythe permit will be inconsistent with the public convenience andnecessity.
5. Any permit issued under this section shall specify theservice to be rendered, the contracting parties, and the pointsor area to be served.
6. The division will not have jurisdiction over contractrates. A copy of the original contract must be filed with thedivision prior to issuance of a permit. In the event theapplicant chooses not to disclose contract rates in theapplication, the contract shall contain in lieu of rates aspecific provision which incorporates by reference a schedule ofrates, in writing, to be effective between carrier and shipper.Current contracts and rate schedules must be maintained by thecarrier and contracting shippers. A contract permit, authorizingthe transportation of commodities or passengers other than asdescribed in subsection 4 of section 390.051, may be amended toinclude additional contracting parties by the filing of saidcontracts with the division and acknowledgment by the division.
(RSMo 1939 § 5727, A.L. 1951 p. 547 § 390.060, A.L. 1965 p. 591, 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, RSMo 226.008
(1953) Where evidence showed that motor carrier had authority to render service between Kansas City and Marshall and also between St. Louis and Marshall and a reduced through rate from Kansas City to St. Louis would result in lower charges to shippers, the granting of authority to render through service at lower through rates by the commission was authorized. State ex rel. Middlewest Freightways v. P.S.C. (A.), 261 S.W.2d 252; State ex rel. Brooks Truck Line v. P.S.C. (A.), 261 S.W.2d 254.