390.063. Certificate required for motor carriers transporting elderly, handicapped and children in head start for rural areas, application, content--rates not to be regulated by division--license not
Certificate required for motor carriers transporting elderly,handicapped and children in head start for rural areas, application,content--rates not to be regulated by division--license not required,when--equipment requirements.
390.063. 1. As used in this chapter, the following terms mean:
(1) "Elderly", any person who is sixty years of age or older;
(2) "Handicapped", any person having a physical or mental condition,either permanent or temporary, which would substantially impair ability tooperate or utilize available transportation; and
(3) "Urbanized area", an area so designated by the United States Bureauof Census as provided under section 12(c)(11) of the Urban Mass TransportationAct of 1964, as amended, and which has a population of more than fiftythousand persons.
2. Notwithstanding any provisions of this chapter to the contrary, thedivision shall issue a certificate or permit in accordance with the provisionsof this section to a not-for-profit corporation seeking to transport by motorvehicle, as a common carrier or contract carrier in intrastate commerce,exclusively passengers other than in charter service who are:
(1) Elderly;
(2) Handicapped;
(3) Preschool disadvantaged children transported for the purpose ofparticipating in a federal Head Start program; or
(4) Transported in areas other than urbanized areas as defined in thissection, for which the motor carrier is authorized to be subsidized orreimbursed under section 18 of the Urban Mass Transportation Act of 1964, asamended, section 1614 of Title 49, United States Code, with federal fundsadministered by the Missouri transportation department, except that priorityshall be given to serving passengers who are elderly, handicapped or preschooldisadvantaged children under the certificate or permit issued under thissection.
3. A not-for-profit corporation seeking a certificate or permit underthis section shall make a written application to the division, in the form andcontaining the information which the division shall require by rule. Theapplication shall include at least a complete description of the routes orterritory to be served, and a list of the equipment to be used by theapplicant in providing the proposed service. If the division finds that anapplicant seeking to transport passengers as described in subsection 2 of thissection is willing and able to properly perform the service proposed and toconform to the applicable provisions of this chapter, and the applicable rulesand orders of the division, a certificate or permit authorizing suchtransportation shall be issued. The division may, by rule, make reasonablerequirements to prevent the unauthorized transportation of passengers otherthan as described in subsection 2 of this section, by motor carriers to whom acertificate or permit is issued under this section.
4. The division shall not have jurisdiction over the rates charged bymotor carriers for the transportation of passengers as described in subsection2 of this section and provided under the authority of a certificate or permitissued under this section. Such motor carriers shall not be required to filewith the division or publish tariff schedules setting forth their rates andcharges for such transportation.
5. The provisions of section 390.136 shall not apply to motor vehiclesexclusively used to transport passengers as described in subsection 2 of thissection under the authority of a certificate or permit issued under thissection.
6. Notwithstanding any provisions of subsection 3 of section 390.030 tothe contrary, it is unlawful for any person to operate any motor vehiclehaving a capacity of more than five passengers, exclusive of the driver, inintrastate commerce or operate any motor vehicle designed to transport morethan fifteen passengers, including the driver, in interstate commerce, unlessthe vehicle is equipped and operated as required by parts 390 through 397,Title 49, Code of Federal Regulations, as those regulations have been and mayperiodically be amended. Those regulations are hereby made applicable to allpassenger-carrying motor vehicles having a capacity of more than fivepassengers, exclusive of the driver, when operated in intrastate commerce, andto all motor vehicles designed to transport more than fifteen passengers,including the driver, when operated in interstate commerce, and the divisionshall have power and authority to enforce those regulations wholly withinterminals, as they apply to those motor vehicles and drivers.
(L. 1992 H.B. 1433)Effective 7-9-92
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