390.030. Vehicles exempted--discrimination prohibited, when. - Missouri Statutes

Vehicles exempted--discrimination prohibited, when.

390.030. 1. The provisions of this chapter shall not apply to:

(1) School buses;

(2) Taxicabs;

(3) Motor vehicles while being used exclusively to transport:

(a) Stocker and feeder livestock from farm to farm, or from market tofarm,

(b) Farm or dairy products including livestock from a farm or dairy,

(c) Agricultural limestone or fertilizer to farms,

(d) Property from farm to farm,

(e) Raw forest products from farm, or

(f) Cotton, cottonseed, and cottonseed hulls;

(4) Motor vehicles when operated under contract with the federalgovernment for carrying the United States mail and when on a trip providedin the contract;

(5) Motor vehicles used solely in the distribution of newspapers fromthe publisher to subscribers or distributors;

(6) The transportation of passengers or property performed by acarrier pursuant to a contract between the carrier and the state ofMissouri or any civil subdivision thereof, where the transportationservices are paid directly to the carrier by the state of Missouri or civilsubdivision;

(7) Freight-carrying motor vehicles duly registered and licensed inconformity with the provisions of chapter 301, RSMo, for a gross weight ofsix thousand pounds or less;

(8) The transportation of passengers or property wholly within amunicipality, or between contiguous municipalities, or within a commercialzone as defined in section 390.020, or within a commercial zone establishedby the division of motor carrier and railroad safety pursuant to theprovisions of subdivision (4) of section 390.041; provided, the exemptionin this subdivision shall not apply to motor carriers of persons operatingto, from or between points located wholly or in part in counties now orhereafter having a population of more than three hundred thousand persons,where such points are not within the same municipality and to motorcarriers of commodities in bulk to include liquids, in tank or hopper typevehicles, and in a commercial zone as defined herein or by the division;

(9) Street railroads and public utilities other than common carriersas defined in section 386.020, RSMo;

(10) Motor vehicles whose operations in the state of Missouri areinterstate in character and are limited exclusively to a municipality andits commercial zone;

(11) Motor vehicles, commonly known as tow trucks or wreckers,designed and exclusively used in the business of towing or otherwiserendering assistance to abandoned, disabled or wrecked vehicles;

(12) Motor vehicles while being used solely by a group of employeesto commute to and from their place or places of employment, except that themotor vehicle must be driven by a member of the group.

2. Nothing contained in this section shall be deemed to exempt thevehicles of driveaway operators.

3. Except for the provisions of subdivision (5) of section 390.041,the provisions of this chapter shall not apply to private carriers.

4. No agency of state government nor any county or municipality ortheir agencies shall discriminate against any motor carrier or privatecarrier or deny any such carrier operating a motor vehicle public access toany building, facility or area owned by or operated for the public unlesssuch discrimination or denial is based solely on reasonable vehicle size orweight considerations. The provisions of this subsection shall only applyin cities not within a county and first class counties with a charter formof government which adjoin any city not within a county.

5. Beginning January 1, 2008, the exemptions in subdivisions (8) and(10) of subsection 1 of this section shall not apply to intrastate motorcarriers that transport household goods.

(RSMo 1939 § 5721, A.L. 1945 p. 1206, A.L. 1947 V. I p. 390, A.L. 1951 p. 547, A.L. 1959 H.B. 24, A.L. 1969 p. 530, A.L. 1971 S.B. 253, A.L. 1978 H.B. 1325, S.B. 691, A.L. 1986 H.B. 1428, A.L. 1988 S.B. 423, A.L. 2007 H.B. 28 merged with S.B. 30)

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

(1957) Where farmer cooperative collected fluid milk from farmers and shipped most of it to federal marketing area in intrastate commerce and processed excess into cheese, etc., the transportation thereof to the federal marketing area was not exempt from public service commission regulation. State ex rel. Smithco Transport Co. v. Public Serv. Comm. (A.), 307 S.W.2d 361. Reversed: (Mo.), 316 S.W.2d 6, the supreme court holding that § 274.300, RSMo, placed farmers cooperatives in same position as individual farmers.