390.066. Application for employment, information of previous employment required--employer not to allow driver to drive on suspended, revoked or canceled license, penalty--division of motor carrier an
Application for employment, information of previous employmentrequired--employer not to allow driver to drive on suspended,revoked or canceled license, penalty--division of motor carrier andrailroad safety to perform audit, purpose, set rates for carriers ofcommodities in dump trucks, exceptions.
390.066. 1. Each person who applies for employment as adriver of a commercial motor vehicle shall provide the employerat the time of the application with information of previousemployment as a commercial motor vehicle driver, as prescribed bythe Secretary of Transportation of the United States, for the tenyears preceding the date of application.
2. Each employer shall require the information specified insubsection 1 of this section and advise the applicant of thepurpose of such information as prescribed by the Secretary ofTransportation of the United States.
3. No employer or shipper shall knowingly allow, permit, orauthorize a driver to drive a commercial motor vehicle in theUnited States during any period in which the driver has adriver's license suspended, revoked, or canceled by a state, haslost the privilege to drive a commercial motor vehicle in astate, or has been disqualified from driving a commercial motorvehicle or is subject to an out-of-service order in any state, orin which the driver has more than one driver's license. Anyemployer or shipper in violation of this subsection may beconvicted of a violation thereof and shall be guilty of a class Amisdemeanor. The Missouri division of motor carrier and railroad safetyshall annually perform financial audits and surveys of a representativenumber of common carriers of commodities in bulk in dump trucksto determine and set the minimum rate or charge reasonablyrequired and necessary for these carriers to maintain theirequipment in a safe condition, to reasonably compensate drivers,so they may meet and comply with state and federal requirementsfor safety, and to allow these carriers to reasonably pay theirother necessary operating expenses including all required taxes,licenses and insurance. The provisions of this subsectionrelating to minimum rates shall not apply to common carrierstransporting bulk commodities in dump trucks on any shipmentweighing forty thousand pounds or more which is transportedseventy-five miles or more from the point of origin of theshipment. On shipments exempted from prescribed minimum ratesunder this subsection, common carriers shall be subject to allother applicable laws, rules, regulations, and orders anddecisions of the division, including those relating to prescribedmaximum rates. Notwithstanding any other provision of law to thecontrary, common carriers transporting shipments exempted fromprescribed minimum rates under this subsection shall not berequired to file and publish schedules showing the rates andcharges for such transportation.
(L. 1991 H.B. 262)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