390.111. Certificate or permit transferred to purchaser, assignee or consolidated company, when. - Missouri Statutes

Certificate or permit transferred to purchaser, assignee orconsolidated company, when.

390.111. 1. In the event a motor carrier, to which acertificate or permit shall have been issued under the provisionsof this chapter, shall sell, transfer, or assign the business,rights or assets of such motor carrier, or any part thereof, andsuch motor carrier and the purchaser thereof shall make properapplication to the division in writing, containing suchinformation as shall be prescribed by the division by generalorder with respect to the transfer of certificates or permits,the division shall transfer such original certificate or permitissued to such motor carrier, or the part so sold to suchpurchaser, if the division shall determine that the purchaser isin all respects qualified under the provisions of this chapter toconduct the business of a motor carrier within the meaning of theprovisions of this chapter, and upon the transfer of suchcertificate or permit it shall be effective in like manner asthough originally issued to such purchaser; provided, however,the division shall not be required to transfer from a certificateauthorizing the transportation of general commodities or freight,any portion of such certificate authorizing the transportation ofa part of such general commodities or freight over the same routeor within the same territory, unless the division shall furtherdetermine, after hearing upon due notice, that such transfer isconsistent with the public interest.

2. When there is a consolidation of one or more certificatesas the result of a transfer of operating rights, and when thedivision shall find that any through service made possiblethereby will be beneficial to the public, such through servicemay be authorized.

(RSMo 1939 §§ 5724, 5727, A.L. 1951 p. 547 § 390.120, A.L. 1986 H.B. 1428)

Prior revision: 1929 § 5267

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