390.041. Powers of the division of motor carrier and railroad safety to regulate common and contract motor carriers. - Missouri Statutes

Powers of the division of motor carrier and railroad safety toregulate common and contract motor carriers.

390.041. The division of motor carrier and railroad safety is herebyvested with power and authority:

(1) To license, supervise and regulate every common orcontract carrier in this state; to make, fix or approve just andreasonable minimum, maximum, or minimum and maximum rates, faresand charges thereof; to make, fix or approve just and reasonableclassifications, rules and regulations pertaining to rates, faresand charges thereof; by general order or otherwise, to establishreasonable requirements with respect to adequate and continuousservice, uniform systems of accounts, records and reports,preservation of records; and to supervise and regulate everycommon or contract carrier in these and all other mattersaffecting their relationship with the public;

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

(3) To establish just and reasonable classifications oftypes of carriers included in the term "common carriers" as thespecial nature of the services performed by such carriers shallrequire; including a separate classification for operations invehicles licensed for a gross weight of nine thousand pounds orless; and by general order or otherwise, establish such just andreasonable rules, regulations and requirements, consistent withthe provisions of this chapter to be observed by carriers soclassified or grouped, as the division deems necessary ordesirable in the public interest;

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

(5) To enforce wholly within terminals the rules andregulations promulgated by the director of the department ofpublic safety under section 307.400, RSMo, as they apply to motorvehicles.

(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

CROSS REFERENCES:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008

Reciprocal interstate agreements, commission empowered to make, limitations, RSMo 386.220

(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 Service Commission (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 Service Commission (Mo.), 295 S.W.2d 128.