Missouri Revised Statutes













Chapter 390

Motor Carriers and Express Companies

←390.270

Section 390.280.1

390.290→

August 28, 2015

Certificates issued prior to January 1, 1995, void, when--certificate owners qualified as registered property carriers, when--hazardous materials, transportation of, effect of law upon--geographic restriction void, when.

390.280. 1. Certificates or permits, or both, which were issued

before January 1, 1995, and which authorized a person to transport any

property in intrastate commerce by motor vehicle as a common carrier or

contract carrier, or both, are void, except that to the extent such

certificates or permits, or portions thereof, authorized a person to

transport household goods over irregular routes or passengers in intrastate

commerce, or any property or passengers in interstate commerce, those

certificates or permits, or portions thereof, are exempt from the

provisions of this subsection.



2. Persons who owned certificates or permits, or both, that were in

active status with the division on December 31, 1994, and persons to whom

the division issued certificates and permits after December 31, 1994,

pursuant to emergency rules adopted by the division, are deemed to be

qualified as registered property carriers, unless the person's certificate

or permit has been suspended, revoked or transferred to another person as

provided by law. A person deemed qualified pursuant to this subsection is

not required to file an application pursuant to section 390.290 to continue

providing intrastate transportation as a registered property carrier, but

rather, upon such person's compliance with the licensing and insurance

requirements of the division the person is deemed to have a property

carrier registration in force as required pursuant to section 390.270,

authorizing the person to transport property except household goods in

intrastate commerce on the public highways, unless the person's property

carrier registration is suspended, revoked or transferred to another person

as provided by law. Within a reasonable time after August 28, 1996, the

division shall issue property carrier registrations to all persons who are

deemed to be qualified as registered property carriers and deemed to have

property carrier registrations in force pursuant to this subsection.



3. Notwithstanding any provision of this section to the contrary,

this section shall not be construed as authorizing any person to transport

any hazardous material as designated in Title 49, Code of Federal

Regulations, except hazardous materials which that person was expressly

authorized to transport in intrastate commerce within this state on August

28, 1996. A person may file an application for property carrier

registration pursuant to section 390.290 to transport additional hazardous

materials. Nothing in this section shall be construed to conflict with

chapter 260, or of relieving an applicant of any duty to obtain a license

pursuant to chapter 260.



4. Notwithstanding any provision of the law to the contrary, any

geographic restriction or provision limiting the carrier's scope of

authority to particular routes within this state contained in a certificate

or permit, or both, authorizing the transportation of household goods in

intrastate commerce, which was issued prior to August 28, 2012, and any

similar provision contained in a carrier's tariff schedule filed prior to

such date, shall be deemed void. In lieu of the geographic restrictions

expressed in such certificates, permits, or tariff schedules, a motor

carrier shall be authorized to provide intrastate transportation of

household goods between all points and destinations within the state until

such time as the certificates, permits, and tariff schedules are reissued

or amended to reflect the motor carrier's statewide operating authority.

Nothing contained in the provisions of sections 390.051 to 390.116 shall be

construed to exempt or to alter the obligation of compliance by carriers

transporting passengers point-to-point within the jurisdiction described in

67.1802 from the provisions of sections 67.1800 to 67.1822.



(L. 1996 H.B. 991 § 4, A.L. 2012 H.B. 1402 and S.B. 470, A.L. 2014

H.B. 1245)



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





1996



1996



390.280. 1. Certificates or permits, or both, which were issued before

January 1, 1995, and which authorized a person to transport any property in

intrastate commerce by motor vehicle as a common carrier or contract carrier,

or both, are void, except that to the extent such certificates or permits, or

portions thereof, authorized a person to transport household goods over

irregular routes or passengers in intrastate commerce, or any property or

passengers in interstate commerce, those certificates or permits, or portions

thereof, are exempt from the provisions of this subsection.



2. Persons who owned certificates or permits, or both, that were in

active status with the division on December 31, 1994, and persons to whom the

division issued certificates and permits after December 31, 1994, pursuant to

emergency rules adopted by the division, are deemed to be qualified as

registered property carriers, unless the person's certificate or permit has

been suspended, revoked or transferred to another person as provided by law.

A person deemed qualified pursuant to this subsection is not required to file

an application pursuant to section 390.290 to continue providing intrastate

transportation as a registered property carrier, but rather, upon such

person's compliance with the licensing and insurance requirements of the

division the person is deemed to have a property carrier registration in

force as required pursuant to section 390.270, authorizing the person to

transport property except household goods in intrastate commerce on the

public highways, unless the person's property carrier registration is

suspended, revoked or transferred to another person as provided by law.

Within a reasonable time after August 28, 1996, the division shall issue

property carrier registrations to all persons who are deemed to be qualified

as registered property carriers and deemed to have property carrier

registrations in force pursuant to this subsection.



3. Notwithstanding any provision of this section to the contrary, this

section shall not be construed as authorizing any person to transport any

hazardous material as designated in Title 49, Code of Federal Regulations,

except hazardous materials which that person was expressly authorized to

transport in intrastate commerce within this state on August 28, 1996. A

person may file an application for property carrier registration pursuant to

section 390.290 to transport additional hazardous materials. Nothing in this

section shall be construed to conflict with chapter 260, or of relieving an

applicant of any duty to obtain a license pursuant to chapter 260.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.