§ 390.041 — Powers of the division of motor carrier and railroad safety to regulate common and contract motor carriers.

Missouri § 390.041

• Jurisdiction: Missouri
• Title XXV: INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
• Ch. 390: Motor Carriers and Express Companies

Text

The division of motor carrier and railroad safety is hereby vested with power and authority:

(1)  To license, supervise and regulate every common or contract carrier in this state; to make, fix or approve just and reasonable minimum, maximum, or minimum and maximum rates, fares and charges thereof; to make, fix or approve just and reasonable classifications, rules and regulations pertaining to rates, fares and charges thereof; by general order or otherwise, to establish reasonable requirements with respect to adequate and continuous service, uniform systems of accounts, records and reports, preservation of records; and to supervise and regulate every common or contract carrier in these and all other matters affecting their relationship with the public;

(2)  To inquire, for purposes of administration of the provisions of this chapter, into the management of the business of motor carriers, and into the management of the business of persons controlling, controlled by, or under common control with, motor carriers to the extent that the business of such persons is related to the management of the business of one or more motor carriers, and the division may require from such motor carriers or persons such information as the division deems necessary to carry out the provisions of this chapter;

(3)  To establish just and reasonable classifications of types of carriers included in the term "common carriers" as the special nature of the services performed by such carriers shall require; including a separate classification for operations in vehicles licensed for a gross weight of nine thousand pounds or less; and by general order or otherwise, establish such just and reasonable rules, regulations and requirements, consistent with the provisions of this chapter to be observed by carriers so classified or grouped, as the division deems necessary or desirable in the public interest;

(4)  To define, but not reduce, by general order or otherwise, after hearing, the limits of a commercial zone contiguous or adjacent to any point or municipality, giving due regard in defining the commercial zone to that area which is adjacent to and commercially a part of the point or municipality;

(5)  To enforce wholly within terminals the rules and regulations promulgated by the director of the department of public safety under section 307.400 as they apply to motor vehicles.

Legislative History

(RSMo 1939 § 5723, A.L. 1951 p. 547 § 390.040, A.L. 1984 H.B. 1410, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423) Prior revision: 1929 § 5265 Effective 5-13-88 Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008 (1956) Public service commission had jurisdiction over a freight transport company's operation of a pickup and delivery service within a municipality or commercial zone as such operation would be but an extension and a part of the company's continuous over-the-road operations between municipalities or commercial zones.  State ex rel.  Mo. Pac. Frt. Transport Co. v. Public Serv. Comm'n (Mo.), 295 S.W.2d 128. (1956) Ruling of public service commission denying application of Missouri Pacific Freight Transport Company to enlarge its authority to carry freight by motor vehicle between points on the lines of the Missouri Pacific Railroad Company to include pickup and delivery service because of failure to prove public convenience and necessity sustained.  State ex rel. Mo. Pac. Freight Transport Co. v. Public Serv. Comm'n (Mo.), 295 S.W.2d 128.