2011 Missouri Revised Statutes
TITLE XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 390 Motor Carriers and Express Companies
Section 390.051. Certificate required for common carriers to do business--application, content--hearing--factors considered--issued when.

390.051. 1. Except as otherwise provided in section 390.030, no person shall engage in the business of a common carrier in intrastate commerce on any public highway in this state unless there is in force with respect to such carrier a certificate issued by the division authorizing such operations.

2. Application for a certificate shall be made in writing to the division and shall contain such information as the division shall, by rule, require and shall include:

(1) Full information concerning the ownership, financial condition of applicant, equipment to be used and a statement listing the physical equipment of applicant and the reasonable value thereof;

(2) The complete route or routes over which the applicant desires to operate, or territory to be served;

(3) The proposed rates, schedule or schedules, or timetable of the applicant.

3. Except as provided for in subsection 4 of this section, if the division finds that an applicant seeking to transport general and specialized commodities in truckload lots, agricultural commodities in bulk in dump trucks or passengers in charter service is fit, willing and able to properly perform the service proposed and to conform to the provisions of this chapter and the requirements, rules and regulations of the division established thereunder, a certificate therefor shall be issued.

4. If the division finds that an applicant seeking to transport:

(1) General and specialized commodities in less-than-truckload lots;

(2) Commodities in bulk in dump trucks, other than agricultural commodities in bulk in dump trucks, as defined in section 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 service proposed, and to conform to the provisions of this chapter and the requirement, rules and regulations of the division, and that the service proposed will serve a useful present or future public purpose, a certificate therefor specifying the service authorized shall be issued, unless the division finds on the basis of evidence presented by persons objecting to the issuance of a certificate that the transportation to be authorized by the certificate will be inconsistent with the public convenience and necessity.

5. In making findings under subsection 4 of this section, the division shall consider the testimony of the applicant, the proposed users of the service contemplated by the applicant, and any other relevant testimony or evidence, and the division shall consider, and to the extent applicable, make findings on at least the 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 shall be considered.

6. The division shall streamline and simplify to the maximum extent practicable the process for issuance of certificates to which the provisions of this section apply.

7. The division shall dismiss on its motion any application for substantially the same common or contract authority that has been previously denied within six months of filing the subsequent application.

(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, 226.008

Annotation Copyright Missouri Joint Committee on Legislative Research